Maxwell -v- Commissioner of Corrective Services & anor [2000] NSWADT 22

CITATION: Maxwell -v- Commissioner of Corrective Services & anor [2000] NSWADT 22 DIVISION: Equal Opportunity Division APPLICANT Anthony Maxwell

PARTIES: 1st RESPONDENT Commissioner of Corrective Services

2nd RESPONDENT Central Sydney Area Health Service FILE NUMBER: 991021; 991022 HEARING DATES: 03/11/99, 05/11/99 SUBMISSIONS CLOSED: 11/05/1999 DATE OF DECISION: 03/13/2000

BEFORE: Britton A - Judicial Member; Farmer L - Member; Bullock S - Member APPLICATION: Age Discrimination - In work - Aiding and Abetting MATTER FOR DECISION: Principal matter LEGISLATION CITED : Anti-Discrimination Act 1977 Crombie -v- Commonwealth (unreported, Human Rights and Equal Opportunity Commission 20 November 1998); Commonwealth -v- Human Rights and Equal Opportunity Commission [1998] 3 FCA; CASES CITED: QANTAS Airways Ltd -v- Christie (1998) 193 CLR 280; Jamal -v- Secretary of Department of Health (1988) 14 NSWLR 252; Commonwealth of Australia -v- The Human Rights and Equal Opportunity Commission and Bradley ("Bradley") (1998) 158 ALR 568. (1998) 193 CLR 280. 14 [1999] HCA 63 (2 December 1999); Giorgianni -v- R (1985) 185 CLR 473. APPLICANT REPRESENTATION: D Hillard, solicitor RESPONDENTS T Anderson, barrister ORDERS: 1. The first respondent pay to the applicant within 21 days of the date of judgment, damages in the sum of $40,000.; 2. The first respondent conduct a full and proper risk management assessment of the position as to the inherent requirements of ASI no 97/MO88 within six weeks of the date of judgment.; 3. The first respondent assess the applicant for the position in accordance with the findings of that inquiry within four weeks of the date the risk management assessment referred to above is received by the first respondent.; 4. The complaint against the second respondent be dismissed