COMMISSIONER OF POLICE v MOHAMED [2009] NSWCA 432

New South Wales Court of Appeal

CITATION: COMMISSIONER OF POLICE v MOHAMED [2009] NSWCA 432

HEARING DATE(S): 19 October 2009

JUDGMENT DATE: 23 December 2009

JUDGMENT OF: Spigelman CJ at 1; Basten JA at 2; Handley AJA at 51

1. The questions referred to the Court on 15 July 2009 be answered as follows: Q1: Is the investigation of an alleged criminal offence by members of the New South Wales Police Force a "service" within the meaning of s 19 of the Anti-Discrimination Act 1977 (NSW)? A: Conduct of police officers with respect to a request for assistance in relation to possible criminal activity, where protection of persons or property may be required, can involve the refusal or provision of "services" for the purposes of s 19 of the Anti-Discrimination Act. Q2: If so, is the investigation of an alleged criminal offence by members of the New South Wales Police Force a "service" to: (a) a person (or persons) reporting the event relating to the alleged criminal offence? DECISION: (b) any other person? A: The aggrieved person, as described in s 7(1) and the other person, as described in s 19, will be the person or persons who are treated less favourably or required to comply with a requirement or condition, as described in s 7(1), in relation to the provision or refusal to provide the services and need not be limited to the person or persons reporting an event relating to an alleged criminal offence. Q3: Are services by way of the detection and prevention of crime as defined by s 6(3) of the Police Act 1990 (NSW) a "service" within the meaning of s 19 of the Anti-Discrimination Act 1977 (NSW)? If so, to whom is that service provided? A: (a) The detection and prevention of crime can constitute "services" for the purposes of s 19 of the Anti-Discrimination Act, and (b) the answer to question 2 is repeated. 2. Order that, to the extent that the respondent has incurred costs in this Court which may be recoverable by a litigant in person, the Commissioner pay those costs.