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Mr Wilton is an Aboriginal resident of Pacific Island in Queensland who alleges that his community has been the victim of racial discrimination by police

Mr Wilton is an Aboriginal resident of Pacific Island in Queensland who alleges that his community has been the victim of racial discrimination by police officers. He is particularly concerned about the growing number of deaths in police custody.

Mr Wilton made a complaint to the Australian Human Rights Commission (AHRC) who considered his case. The delegate of the AHRC considered the evidence and determined that there was no evidence of discrimination.

Mr Wilton is not satisfied with the decision of the AHRC delegate and wishes to pursue the matter. He seeks your advice on the following:

  1. (i) Whether he can seek review of the AHRC decision in the Administrative Appeals Tribunal.
  2. (ii) If the AAT has jurisdiction to review the decision of the AHRC, then what type of review would it conduct?
  3. (iii) What is the 'scope' of the review conducted by the AAT?
  4. (iv) What is the advantage of commencing a review in the AAT as compared with some other form of proceeding in a court?
  5. (v) Would the AAT limit itself to the issues raised by the parties?

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