Butcher v Commissioner of Police, New South Wales [2010] NSWADT 169

Set aside by Appeal :

CITATION: Butcher v Commissioner of Police, New South Wales [2010] NSWADT 169

DIVISION: Equal Opportunity Division

APPLICANT Mark Butcher PARTIES: RESPONDENT Commissioner of Police New South Wales

FILE NUMBER: 081058

HEARING DATES: 3, 4, 5 August 2009; 5 September 2009; 20 November 2009, 4 February 2010

SUBMISSIONS CLOSED: 2 March 2010

DATE OF DECISION: 7 July 2010

BEFORE: Needham J SC - Deputy President; Hiffernan N - Non-Judicial Member; Antonios Z - Non-Judicial Member

Administrative Decisions Tribunal Act 1997 Anti-Discrimination Act 1977Police Act 1990 LEGISLATION CITED : Police Regulation 2000 Police Regulation 2008 Public Sector Employment and Management Act 2002 Occupational Health and Safety Act 2000

CASES CITED: Briginshaw v. Briginshaw (1938) 60 CLR 336Waters v. the Public Transport Corporation (1991) 173 CLR 393Z v. the Commonwealth [1999] 200 CLR 177Purvis v. State of New South Wales (Department of Education and Training) (2003) 217 CLR 92Kirk v. Industrial Relations Commission of New South Wales; Kirk Group Holdings Pty Ltd v. WorkCover Authority of New South Wales (Inspector Childs) (2010) 239 CLR 531; [2010] HCA 1 Victoria v. Macedonian Teacher's Association of Victoria Inc (1999) 91 FCR 47Sharma v. Legal Aid Queensland [2002] FCAFC 196Vickers v. the Ambulance Service of New South Wales [2006] FMCA 1232Kerr v. the Commissioner of Police and Crown Employees Appeal Board [1977] 2 NSWLR 721Boehringer Ingelheim Pty Ltd v. Reddrop (1984) 2 NSWLR 13Haines v. Leves (1987) 8 NSWLR 442State Transit Authority v. Sloey [1999] NSWSC 47New South Wales in Commissioner of Fire Brigades v. Lavery [2005] NSW SC 268Inspector Short v. the State of New South Wales (NSW Police) [2007] NSW IR Comm 138Alexander v. Commissioner of Police [2009] NSWIR Comm 3State of New South Wales (Department of Education and Training and Department of Juvenile Justice) v. Cahill (No 2) [2009] NSWIR Comm 189Thiess Pty Ltd v. Inspector Stephen Jones (Work Cover Authority of New South Wales) [2009] NSWIR Comm 77-21Van Kooij against Fire and Emergency Services Authority WA [2009] WASAT 221Maxwell v. Commissioner of Corrective Services [2000] NSW ADT22Coleman v. Commissioner of Police (NSW Police Service) [2001] NSW ADT 34Lavery v. Commissioner of Fire Brigade [2003] NSWADT 93Commissioner of Police, NSW Police v Mooney (No.3) [2004] NSWADTAP 22Laycock v. Commissioner of Police, NSW Police [2006] NSWADT 261Chand v. Rail Corporation of New South Wales [2007] NSWADTAP 54 New South Wales Bar Association v. Howen (No 2) [2008] NSWADT 252Zhang v. Blinds Pty Ltd trading as Blinds by Peter Meyer [2008] NSWADTAP 24Correy v. St Joseph's Hospital Ltd [2009] NSWADT 40 Kitt v. Tourism Commission (1987) EOC at 192Holdaway v. Qantas Airways Ltd (1992) EOCBurrows v. Commissioner of Police (1994) EOC 92-654The Briginshaw 'Standard of Proof' in Anti-Discrimination Law: "Pointing with a Wavering Finger" (2003) 27 Melbourne University Law Review 308 at 309-333Australian Anti-Discrimination Law; Text, Cases and Materials by Rees Lindsay and Rice (2008)