Asilevi v State of New South Wales (NSW Police Force) [2010] NSWADT 212

CITATION: Asilevi v State of New South Wales (NSW Police Force) [2010] NSWADT 212

DIVISION: Equal Opportunity Division

APPLICANT Walter Asilevi PARTIES: RESPONDENT State of New South Wales (NSW Police Force)

FILE NUMBER: 101032

HEARING DATES: 19 August 2010

SUBMISSIONS CLOSED: 19 August 2010

DATE OF DECISION: 25 August 2010

BEFORE: Hennessy N - Magistrate (Deputy President)

CATCHWORDS: Summary dismissal – meaning of 'service' – whether police officers providing a service to father when removing his child from his care

Anti-Discrimination Act 1977 LEGISLATION CITED : Children and Young Persons (Care and Protection) Act 1998 Police Act 1990

IW v City of Perth [1997] HCA 30; (1997) 191 CLR 1 CASES CITED: Commissioner of Police, NSW Police Service v Estate of Edward John Russell [2001] NSWSC 745 Commissioner of Police v Mohamed [2009] NSWCA 432

APPLICANT M Hutchings, barrister REPRESENTATION: RESPONDENT A Campbell, barrister

ORDERS: The complaint is dismissed.

REASONS FOR DECISION

Introduction

1 On 3 October 2008 officers from the former Department of Community Services, as well as police officers, went to Mr Asilevi's home to remove his child from his care. During the course of removing the child, Mr Asilevi says that a police officer hit him with a baton on his back and on his knee and threw him to the ground. He also alleges that police officers called him a "black cunt" and a "drama queen". The NSW Police Force (the respondent) denies those allegations but for the purpose of these proceedings we accept that that is what occurred.