Zraika -v- Commissioner of Police, New South Wales Police [2004] NSWADT 67

CITATION: Zraika -v- Commissioner of Police, New South Wales Police [2004] NSWADT 67 DIVISION: Equal Opportunity Division APPLICANT PARTIES: Malek Zraika RESPONDENT Commissioner of Police, New South Wales Police FILE NUMBER: 031078 HEARING DATES: 15 & 16/12/2003 SUBMISSIONS CLOSED: 12/16/2003 DATE OF DECISION: 04/07/2004

BEFORE: Rees N - Judicial Member; Hiffernan N - Member; Monoghan-Nagle L - Member APPLICATION: Disability Discrimination - In work MATTER FOR DECISION: Principal matter LEGISLATION CITED : Anti-Discrimination Act 1977 Disability Discrimination Act 1992 (Cth) Allders International Pty Ltd v Anstee (1986) 5 NSWLR 47 Commissioner for Corrective Services v Aldridge [2000] NSWADTAP 5 Commissioner of Corrective Services v Maxwell [2001] NSWADTAP 21 Director General of Education v Breen [1982] IR 93 CASES CITED: Jamal v Secretary, Department of Health (1988) 14 NSWLR 252 Hall v A & A Sheiban Pty Ltd (1989) 20 FCR 217 Holdaway v Qantas Airways Limited (1992) EOC 92-430 Loscialpo v NSW Police Service (unreported, Human Rights and Equal Opportunity Commission, 2 September 1999) X v Commonwealth (1999) 200 CLR 177 APPLICANT REPRESENTATION: D Hillard, solicitor RESPONDENT K Nomchong, barrister ORDERS: 1. Within 28 days of the date of this order the respondent is to pay to the applicant the sum of $10,000 by way of damages; 2. Within 42 days of the date of this order the respondent must take all necessary steps to determine the applicant's application to join the NSW Police Service without reference to the existing standard for visual acuity; 3. Within 42 days of the date of this order the applicant is to file and serve written submissions in support of any application he proposes to make for costs; 4. Within 14 days of receiving the applicant's written submissions in relation to costs the respondent is to file and serve written submissions in response; 5. Any application by the applicant for an order for costs is to be set down for hearing on a date to be determined by the Registrar; 6. Both parties have liberty to apply to the Tribunal for further orders pertaining to the operation of these orders.