State of New South Wales (NSW Police Force) v Whitfield (No. 2) [2012] NSWADTAP 48

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: State of New South Wales (NSW Police Force) v Whitfield (No. 2) [2012] NSWADTAP 48 Hearing dates: 10 September 2012 Decision date: 20 November 2012 Before: Judge K P O'Connor, President G Furness SC, Judicial Member J McClelland, Non-judicial Member Decision: 1. The appeal is extended to the merits. 2. The complaint is dismissed. 3. There being no application as to costs, no order is made as to costs. Catchwords: APPEAL - Whether to extend to merits or remit to first instance - Limited additional evidence - Effect of error of law ruling - Utility - Appeal extended to the merits, and dismissed Legislation Cited: Administrative Decisions Tribunal Act 1997 Anti-Discrimination Act 1977 Cases Cited: State of NSW (NSW Police Force) v Whitfield (EOD) [2012] NSWADTAP 27 Category: Consequential orders Parties: State of New South Wales (NSW Police Force) (Appellant) Keith Whitfield (Respondent) Representation: Counsel M Seck (Appellant) N Poynder (Respondent) Henry Davis York (Appellant) Legal Aid NSW (Respondent) File Number(s): 119056 Decision under appeal Jurisdiction: 9108 Citation: Whitfield v State of NSW (NSW Police Force) [2011] NSWADT 265 Date of Decision: 2011-11-15 00:00:00 Before: Equal Opportunity Division File Number(s): 101068