Ryan v Commissioner of Police, NSW Police Force [2022] FCAFC 36

Federal Court of Australia

Ryan v Commissioner of Police, NSW Police Force [2022] FCAFC 36 Appeal from: Ryan v Commissioner of Police, NSW Police Force (No 2) [2021] FCA 106

File number: NSD 220 of 2021

Judgment of: GRIFFITHS, RANGIAH AND PERRY JJ

Date of judgment: 16 March 2022

Catchwords: HUMAN RIGHTS – Disability discrimination in employment – Disability Discrimination Act 1992 (Cth) – appeal from a single judge of the Federal Court of Australia – whether revocation of appellant's position in NSW Police Force constituted direct discrimination – whether primary judge erred in finding there was no decision by first respondent to revoke appellant's position – whether revocation of appellant's position constituted indirect discrimination – where primary judge erred in finding the first respondent did not require appellant to comply with a requirement or condition – where appellant was an "employee" within s 15(2) of the Disability Discrimination Act. INDUSTRIAL LAW – Industrial Relations Act 1996 (NSW) – where revocation of appellant's position was governed under industrial award – whether primary judge erred in finding that revocation was compelled by the Award – where decision to revoke appointment was not so compelled. STATUTORY INTERPRETATION – Disability Discrimination Act 1992 (Cth) – construction of the terms "employee" and "employer" in s 15(2) of the Disability Discrimination Act – Interpretation Act 1987 (NSW) – interpretation of industrial award – whether agreement was made under s 87 of the Police Act 1990 (NSW) – where Guidelines were not made under s 87 of the Police Act – whether discretion to revoke appointment was conferred by Award and Guidelines – where primary judge erred in finding Award compelled revocation of the appellant's appointment.