Commissioner of Police, New South Wales Police Service -v- Orr (EOD) [2001] NSWADTAP 16

Appeal Panel

CITATION: Commissioner of Police, New South Wales Police Service -v- Orr (EOD) [2001] NSWADTAP 16 APPELLANT PARTIES: Commissioner of Police, New South Wales Police Service RESPONDENT Amanda Jane Orr FILE NUMBER: 009033 HEARING DATES: 02/02/2001 SUBMISSIONS CLOSED: 02/02/2001 DATE OF DECISION: 07/13/2001

Orr -v- Commissioner of Police, New South Wales Police Service [2000] NSWADT 150 DECISION UNDER APPEAL: BEFORE: Latham M - DCJ (Deputy President); Britton A - Judicial Member; Edwards K - Member CATCHWORDS: fail to excercise jurisdiction - opportunity to be heard - refusal to receive evidence MATTER FOR DECISION: Principal matter FILE NUMBER UNDER APPEAL: 991111 DATE OF DECISION UNDER APPEAL: 10/31/2000 LEGISLATION CITED : Anti-Discrimination Act 1977 The Mutual Life and Citizens' Assurance Company Ltd v. Attorney General ( Qld) & anor (1961) 106 CLR 48 Simplot Australia Pty Ltd v Human Rights and Equal Opportunity Commission (1996) 69 FCR Reyes-Gonzalez v Sydney Institute Of Technology [1998] NSWEOT 6/3/98 Ehl v Dept of Education and Training & NSW Teachers Federation [1999] NSWADT 102 Maxwell v Murphy (1957) 96 CLR 261 CASES CITED: Rodway v The Queen (1990) 169 CLR 515 O'Callaghan v Loder [1983] 3 NSWLR 89 Hall v Sheiban (1989) 85 ALR 503 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Tannock v State of New South Wales [1999] NSWADT 73 Assal v Department of Health, Housing and Community Services (1992) EOC 92-409 Electricity Commission of Victoria v Rabel [1998] 1 VR 102 APPLICANT REPRESENTATION: P Singleton, barrister RESPONDENT C Ronalds, barrister ORDERS: 1. The order of the Tribunal of 31 October 2000 is set aside; 2. In lieu, the complaints referred to as complaints 1 and 2 in the Amended Points of Claim are struck out; 3. So much of the complaints numbered 1-3, 5-11, 13 and 14 in the Amended Points of Claim, only in so far as they rely upon ss22A and/or 22B of the Anti Discrimination Act, are struck out; 4. The application under s111 and the application for security costs are remitted to the Tribunal for hearing.