Johnson v Commissioner of Police, New South Wales Police [2004] NSWADT 198

CITATION: Johnson v Commissioner of Police, New South Wales Police [2004] NSWADT 198 DIVISION: Equal Opportunity Division APPLICANT PARTIES: David Johnson RESPONDENT Commissioner of Police, New South Wales Police FILE NUMBER: 031125 HEARING DATES: 4/05/2004 SUBMISSIONS CLOSED: 05/04/2004 DATE OF DECISION: 09/10/2004

BEFORE: Rees N - Deputy President; Gill M - Non Judicial Member; Monaghan-Nagle L - Non Judicial Member APPLICATION: Disability Discrimination - In work MATTER FOR DECISION: Principal matter LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Anti-Discrimination Act 1977 Commissioner for Corrective Services v Aldridge [2000] NSWADTAP 5 Commissioner of Police, NSW Police v Mooney (No 3) [2004] NSWADTAP 22 CASES CITED: Director General of Education v Breen [1982] IR 93 Hall v A & A Sheiban Pty Ltd (1989) 20 FCR 17 Lavery v Commissioner of NSW Fire Brigades (No 2) [2003] NSWADT 140 Paff v Speed (1961) 105 CLR 549 APPLICANT REPRESENTATION: D Hillard, solicitor RESPONDENT E Brus, barrister ORDERS: 1.Within 28 days of the date of this order the respondent is to pay to the applicant the sum of $15,000 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.If the applicant's application to join the NSW Police Service is successful, the respondent must take all necessary steps to attest the applicant as a probationary constable at the next available attestation ceremony at the Police College, subject to the applicant having completed all outstanding training requirements as determined by the Principal of the Police College; 4.In the event that the applicant's application to join the NSW Police Service is not successful, the respondent is to pay to the applicant, within 28 days of notifying him that his application was not successful, a further sum of $20,916.05, plus interest from 5 May 2004 calculated in accordance with paragraphs [39] and [40] of the Reasons for Decision, by way of damages for loss; 5.Both parties have liberty to apply to the Tribunal for further orders pertaining to the operation of these orders