Ryan v Commissioner of Police, NSW Police Force (No 2) [2021] FCA 106

F Federal Court of Australia

Ryan v Commissioner of Police, NSW Police Force (No 2) [2021] FCA 106 File number: NSD 974 of 2018

Judgment of: ABRAHAM J

Date of judgment: 16 February 2021

Catchwords: STATUTORY INTERPRETATION – Where the applicant is a constable in the NSW Police Force – whether a constable in the NSW Police Force is an employee for the purpose of the Disability Discrimination Act 1992 (Cth) – interpretation of beneficial legislation – where the definition of employment is inclusive – where the Act is intended to give effect to Australia's obligations under international law HUMAN RIGHTS – Disability discrimination in employment – where the revocation of the position was compelled on certain preconditions existing – whether revocation constituted direct discrimination – characteristics of appropriate hypothetical comparator – whether the applicant received less favourable treatment – whether the revocation constituted indirect discrimination – whether the requirement that the applicant be able to perform the inherent requirements of the position is reasonable – where claims as pleaded not established

Legislation: Acts Interpretation Act 1901 (Cth) s 15AB, Australian Human Rights Commission 1986 Act (Cth) ss 46PF, 46PH, 46PO Disability Discrimination Act 1992 (Cth) ss 3, 4, 5, 6, 11, 15, 21A, 21B Fair Work Act 2009 (Cth) s 351 Industrial Relations Act 1988 (Cth) ss 170CA, 170CB, 170DE, 170DF, Div 3 of Pt VIA Anti-Discrimination Act 1977 (NSW) ss 4, 4B, 53 Crown Proceedings Act 1988 (NSW) s 5 Police Act 1990 (NSW) ss 5, 12, 27, 32-42, 69, 72, 81-81G, 85, 86, 87, 173 Police Regulations 2008 (NSW) cl 127 Police Regulations 2015 (NSW) cl 131