Rae v Commissioner of Police, New South Wales Police Force [2009] NSWADT 183

CITATION: Rae v Commissioner of Police, New South Wales Police Force [2009] NSWADT 183

DIVISION: Equal Opportunity Division

APPLICANT Darryl Rae PARTIES: RESPONDENT Commissioner of Police, New South Wales Police Force

FILE NUMBER: 081047

HEARING DATES: 12 June 2009

SUBMISSIONS CLOSED: 12 June 2009

DATE OF DECISION: 13 July 2009

BEFORE: Chesterman M - Deputy President; ;

CATCHWORDS: Summons to produce documents – legitimate forensic purpose – oppressiveness

LEGISLATION CITED : Administrative Decisions Tribunal Act 1997Anti-Discrimination Act 1977 Police Act 1990

AF v HealthQuest (GD) [2009] NSWADTAP 42 CASES CITED: Priest v New South Wales [2006] NSWSC 1281 R v Saleam (1989) 16 NSWLR 14 Wilson v New South Wales [2008] NSWDC 130

APPLICANT In person REPRESENTATION: RESPONDENT M Seck, barrister

1. With reference to the three folders of documents produced by the Respondent to the Tribunal in these proceedings on 23 March 2009:-(a) Leave is granted to the Applicant to inspect the documents that have been extracted from these folders and placed in an envelope marked 'Permission to inspect granted to Mr Rae'. (b) The Applicant may carry out his inspection only at the Registry and must not remove any of the documents from the Registry. (c) The Applicant may make copies of these documents using the copying facilities provided by the Tribunal for members of the public.(d) The Applicant is refused leave to inspect the documents remaining in the three folders.2. Subject to any contrary order by the Tribunal a decision on the extent if any ORDERS: to which the Respondent should be required to produce documents in response to a summons dated 2 April 2009 should be deferred until the following events have occurred:-(a) The Applicant has identified all the employees of the Respondent alleged by him to have unlawfully discriminated against him whether (i) in relation to 'services' not provided at all or provided inadequately (ii) through racially vilifying him or (iii) in any other way.(b) The Applicant has set out with reference to each of these employees individually the specific facts and circumstances on which he relies in making his claim of unlawful discrimination.3. The matter is set down for a further case conference at 1 p.m. on 12 August 2009.