1/3
Looks like no tags are added yet.
Name | Mastery | Learn | Test | Matching | Spaced | Call with Kai | Chat |
|---|
No analytics yet
Send a link to your students to track their progress
Section 109 - Mcbain case
unmarried woman wanted IVF treatment, doctor Mcbain was not allowed to administer treatment
Facts
Victorian Infertility Treatment Act 1995 (Vic) required a woman to be married or in a defacto relationship to access IVF
The Sxx Discrimination Act 1984 (Cth) prohibited discrimination on the basis of martial statues
Decision
Federal Court found vic law inconsistent with commonwealth law
Under section 109, the vic provision was invalid to the extent of inconsistency
Significance
reinforced the power of commonwealth law in concurrent areas
demonstrated how section 109 can protect individual rights
High court and the division of law making powers - Brislan case
High court and representative government - Roach case
climate change