Mariani v NSW Police Force, State of NSW [2013] NSWADT 35

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Mariani v NSW Police Force, State of NSW [2013] NSWADT 35 Hearing dates: 3,4,5,6 September 2012 Decision date: 11 February 2013 Jurisdiction: Equal Opportunity Division Before: C Huntsman, Judicial member N Hiffernan, Non-Judicial member D Kelleghan, Non-Judicial member Decision: The application is dismissed Catchwords: Disability Discrimination in provision of services; whether services; whether respondent refused services to applicant as a vulnerable person; disability; less favourable treatment; causation Legislation Cited: Sections 4, 49B and 49D Anti-Discrimination Act 1977 (NSW); section 112, 122, 123 Law Enforcement Powers and Responsibilities Act 2002; various clauses Law Enforcement (Powers and Responsibilities) Regulation 2005; s 5 Disability Discrimination Act 1992 (Cth) Cases Cited: Commissioner of Police, NSW Police Service v Estate Edward John Russell and Ors. [2001] NSWSC 745 (31 August 2001); Robinson v Commissioner of Police, NSW Police Force [2012] FCA 770 (20 July 2012); - Patrick v State of South Australia (No. 2) [2009] SAEOT 1 (21 January 2009); Commissioner of Police v Mohamed [2009] NSWCA 432 (23 December 2009); Purvis v New South Wales [2003] HCA 62; 217 CLR 92; 202 ALR 133; 78 ALJR 1 Category: Principal judgment Parties: Adrian Mariani, (Applicant) NSW Police Force, State of NSW, (Respondent) Representation: Counsel Ms Veloski (Applicant) Ms Eastman (Respondent) SKM Lawyers (Applicant) Norton Rose (Respondent) File Number(s): 111093