X v Commonwealth of Australia (High Court 1999)
2nd January 1999, 12:00 pm
X enlisted in the Australian Regular Army and was discharged after he tested positive for HIV during a medical examination. He was otherwise found to be in "excellent" health and capable of performing his duties as an enlistee. X filed a complaint with the Human Rights and Equal Opportunity Commission, alleging that his discharge amounted to unlawful discrimination. The Commission found that the Army did unlawfully discriminate against X in discharging him due to his HIV status. The State appealed to the Federal Court which required the Commission to re-evaluate the case taking into account the potential risk of infection to other soldiers. X appealed.

The High Court reversed the decision of the Federal Court and remanded the case back to the Commission to determine the appropriate relief. The Court held that the Commission should take into account the risk of infection to other soldiers, but also inquire into whether the risk can be eliminated or appropriately nullified by the provision of services or facilities which can be provided without unjustifiable hardship.

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