Coleman -v- Commissioner of Police, New South Wales Police Service [2001] NSWADT 34

CITATION: Coleman -v- Commissioner of Police, New South Wales Police Service [2001] NSWADT 34 DIVISION: Equal Opportunity Division APPLICANT PARTIES: Keith Coleman RESPONDENT Commissioner of Police, New South Wales Police Service FILE NUMBER: 991080 26/06/2000 HEARING DATES: 27/06/2000 07/08/2000 SUBMISSIONS CLOSED: 08/07/2000 DATE OF DECISION: 03/02/2001

BEFORE: Rees N - Judicial Member; Antonios Z - Member; Taksa L - Member APPLICATION: Disability Discrimination - In work MATTER FOR DECISION: Principal matter Administrative Decisions Tribunal Act 1997 Anti-Discrimination Act 1977 LEGISLATION CITED : Disability Discrimination Act 1992 (Cth) Police Service Act 1990 Sex Discrimination Act 1984 (Cth) Commissioner of Corrective Services v Aldridge [2000] NSWADTAP 5 Director General of Education v Breen [1982] IR 93 CASES CITED: X v Commonwealth of Australia (2000) 74 ALJR 176 Commonwealth Bank of Australian V Human Rights and Equal Opportunity Commission (1997) 80 FCR 78 Alexander v Hone Office [1988] 1 WLR 968 APPLICANT REPRESENTATION: C Ronalds, barrister RESPONDENT G Giagos, barrister ORDERS: 1. Within 28 days of the date of these orders the respondent is to:; (a) carry out his requisite and usual ethics and conduct enquiries to determine whether the complainant is eligible for promotion to position 98/652.; (b) in the event that the complainant satisfies the respondent's requisite and usual ethics and conduct standards take all necessary steps to appoint the complainant to position 98/652; (c) pay to the complainant damages of $6,500; (d) pay the complainant's costs of these proceedings on a party/party basis; 2. In the event that the parties are unable to agree on the quantum of costs this amount is to be determined pursuant to Division 6 of Part 11 of the Legal Profession Act 1987 by a costs assessor appointed by the Registrar; 3. Both parties have liberty to apply to the Tribunal in relation to the operation of these orders.