Carr -v- Commissioner of Police, New South Wales Police Service [1999] NSWADT 74

CITATION: Carr -v- Commissioner of Police, New South Wales Police Service [1999] NSWADT 74

DIVISION: Equal Opportunity

APPLICANT: Gary Carr

RESPONDENT: Commissioner of Police, New South Wales Police Service

FILE NUMBER: 991041

HEARING DATES: 08/03/1999; 08/04/1999

SUBMISSIONS CLOSED: 08/04/1999

DATE OF DECISION: 8 September 1999

P King - Judicial Member BEFORE: L Farmer - Member L Mooney - Member

PRIMARY LEGISLATION: Anti-Discrimination Act 1977

APPLICATION: Disability Discrimination - Employment -

MATTER FOR DECISION: Principal matter

Applicant: D Hillard, solicitor, Clayton Utz REPRESENTATION: Respondent: G Willis, counsel, instructed by N Marsic, Legal Services, NSW Police Service

Orders made on 4 August 1999 ORDERS: 1. The Tribunal recommends that the tenure and transfer policy of the Northern Metropolitan Region of the New South Wales Police Service, an extract of which is attached to Exhibit 1 in these proceedings, be reviewed with a view to removing any discriminatory effect. 2.That the complainant be appointed by the respondent to an overstrength position as highway patrol officer in the Brisbane Waters LAC until such time as consideration may be given by the respondent to an application to be made by the complainant for permanent appointment in that LAC. 3. That the respondent pay to the complainant the sum of $4,948.86 which is comprised of the following two amounts: $2,948.86 in respect of the costs of maintaining a vehicle provided to the complainant by his sister and, secondly, the sum of $2,000 by way of general damages. We direct that the payment referred to be made within six weeks of 4 August 1999.