Case: Central Queensland Speleological Society v Central Queensland Cement (No 1) [1989] 2 Qd R 512
Outcome: considered
Eleventh, there are a number of cases where incorporated associations have sought to commence proceedings for breach of legislation in the environmental and human rights contexts. Traditionally, courts have tended to apply principles as to standing strictly and have frequently found that such organisations do not have an interest in the litigation, either because the association does not have a special interest in enforcing the relevant public right ( Australian Conservation Foundation [1979] HCA 1 ; 146 CLR 493, Central Queensland Speleological Society v Central Queensland Cement (No 1) [1989] 2 Qd R 512) or because the association is not a "person aggrieved" for the purposes of the relevant legislation ( Right To Life 50 FCR 56, Defence Coalition against RCD 74 FCR at 153). In a number of cases however the Court has held that the relevant association did have standing as a "person aggrieved" ( North Coast 127 ALR 617, Tasmanian Conservation Trust 127 ALR 580, National Trust of Australia [1976] VR 592, Manuka [1998] ACTSC 86). Consideration and findings 55 Before me, Mr Fleming on behalf of the respondent submitted that the applicant represented a general body of people, which might include people without a disability but with a genuine concern as to disability, and that this does not give the applicant a greater interest in the matter than anyone else. Mr Fleming cites Australian Conservation Foundation [1979] HCA 1 ; 146 CLR 493 in support of this submission. There is a distinction between the case before me and such cases as Australian Conservation Foundation [1979] HCA 1 ; 146 CLR 493, Right to Life 56 FCR 50, Speleological Society [1989] 2 Qd R 512 and Defence Coalition against RCD 74 FCR 142, namely that in each of those cases it was clear that the members of the association had no more interest in the proceedings - be they concerning the establishment of a resort in Central Queensland, abortion drugs, bat rookeries or rabbit calicivirus disease - than ordinary members of the public. In this case, it appears that the applicant was incorporated to represent people who have an interest in, inter alia , accessing public transport in the Hervey Bay region, and it further appears that it does represent some people who live in the Hervey Bay region and some people who are disabled and who may be aggrieved by non-compliance with the Disability Standards in that region. Potentially, for example, those members who are both disabled and live in the Hervey Bay region have an interest in these proceedings more than ordinary members of the public. 60 Third, in any event I am not persuaded that the possible interests of the members of the applicant in this case are sufficient to distinguish this case from the general body of law represented by such cases as Australian Conservation Foundation [1979] HCA 1 ; 146 CLR 493, Right to Life 56 FCR 50, Speleological Society [1989] 2 Qd R 512 and Defence Coalition against RCD 74 FCR 142 . I note that the nature of the membership of the association was taken into consideration in Manuka [1998] ACTSC 86 where Higgins J held that the complainant had standing as an aggrieved person because each of its members would have a real interest in the subject matter of the decisions . However in this critical respect Manuka [1998] ACTSC 86 is immediately distinguishable from the case before me. The evidence here does not disclose how many of the members of the applicant are people with disabilities or who live in the Hervey Bay region, or both. It is quite possible - indeed likely given that the applicant contends that the majority of its members have an interest associated with the actions of the respondent - that some of its members are neither disabled nor live in the Hervey Bay region. 66 However in this case the application currently before me specifically sought orders as to the standing of the applicant. Further, the applicant has not disputed the appropriateness of a determination of whether it is aggrieved in the context of the substantive proceedings. Indeed, the parties had the opportunity to put their cases on affidavit, and opportunity over the course of a hearing over one day to make their submissions. To adopt the language of de Jersey J in Speleological Society [1989] 2 Qd R at 535, there appears to be: no particular deficiency in the manner of the presentation of the evidence going to standing... There is, in short, no reason for thinking that given more time the (applicant) would mount a case on standing significantly different...