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Medical service eligibility not discriminatory

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Medical Service for Refugees, Youth and Aboriginal and Torres Strait Islanders not discriminatory

The Central Northern Adelaide Health Service has a medical service which can only be used by people who are under 25, from a non-English speaking background or who are Aboriginal or Torres Strait Islander.  In a decision handed down on 24 December 2008, the Full Court of the Supreme Court decided that these eligibility criteria were not discriminatory.  The Court said this is because the eligibility criteria come within the exemptions in the Equal Opportunity Act.

The Court also considered whether there was inconsistency between the Commonwealth Race Discrimination Act 1975 and the South Australian Equal Opportunity Act 1984, and concluded that the South Australian Act could be construed as consistent with the Commonwealth law and was therefore valid.

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