Clunes v Ambulance Service of NSW [2006] NSWADT 103

CITATION: Clunes v Ambulance Service of NSW [2006] NSWADT 103

DIVISION: Equal Opportunity Division

APPLICANT PARTIES: Robert Clunes RESPONDENT Ambulance Service of NSW

FILE NUMBER: 041134

HEARING DATES: 17/10/05

SUBMISSIONS CLOSED: 10/17/2005

DATE OF DECISION: 04/12/2006

BEFORE: Rees N - Judicial Member; Hayes E - Non Judicial Member; Nemeth de Bikal L - Non Judicial Member

CATCHWORDS: Disability Discrimination - In work

MATTER FOR DECISION: Principal matter

Ambulance Services Act 1990 LEGISLATION CITED : Anti-Discrimination Act 1977 Health Services Act 1987 Public Sector Employment Legislation Amendment Act 2006

Browne v NSW Ambulance Service [2004] NSWADT 192 CASES CITED: Commissioner for Corrective Services v Aldridge [2000] NSWADTAP 5 Director General of Education v Breen [1982] IR 93

APPLICANT B Fogarty, solicitor REPRESENTATION: RESPONDENT T Anderson, barrister

ORDERS: 1. Within 42 days of the date of this order the respondent must:; (a) take all necessary steps to process the applicant's application for employment as a trainee ambulance officer without reference to the standard for colour vision which was previously applied to him and offer the applicant employment as a trainee ambulance officer if he satisfies all of the other selection criteria which are usually applied to a person who seeks employment as a trainee ambulance officer, ; (b) pay to the applicant the sum of $5000 by way of damages; 2. Within 14 days of the date of this order the applicant must file and serve upon the respondent written submissions in support of any application which the applicant proposes to make for costs; 3. Within 14 days of receiving any written submissions referred to in Order No 2 the respondent must file and serve any written submissions in response; 4. Both parties have liberty to apply to the Tribunal within 16 weeks of the date of this order for further orders pertaining to the operation of these orders.