Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ryan v Commissioner of Police, NSW Police Force [2019] FCA 1607 File number: NSD 974 of 2018
Judge: ABRAHAM J
Date of judgment: 27 September 2019
Catchwords: HUMAN RIGHTS – application for leave to commence proceedings under s 46PO(3A)(a) of the Australian Human Rights Commission Act 1986 (Cth) – where Australian Human Rights Commission terminated the complaint primarily on the basis that it was filed more than 12 months after the alleged discrimination took place – whether application arguable and not fanciful – debate to be had in relation to applicant's claims – leave granted
Legislation: Australian Human Rights Commission Act 1986 (Cth) ss 46PO, 46PO(3A)(a), 46PF(1)(b), 46PH(1)(b) Disability Discrimination Act 1992 (Cth) ss 5, 6, 15(2)(a), 15(2)(b), 15(2)(c), 21A Police Regulation (Superannuation) Act 1906 (NSW) s 10 Police Act 1990 (NSW) s 12(1) Police Regulation 2015 (NSW) cl 5
Cases cited: Eliezer v University of Sydney [2015] FCA 1045; (2015) 239 FCR 381 James v WorkPower Inc [2018] FCA 2083 Pathmanathan v St John of God Healthcare Inc [2019] FCA 1460 Comcare v A'Hearn [1993] FCA 498; (1993) 45 FCR 441
Date of hearing: 1 August 2019
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 46
Counsel for the Applicant: Mr M Gibian SC
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