Ritson v Commissioner of Police, NSW Police Force [2013] NSWADT 148

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Ritson v Commissioner of Police, NSW Police Force [2013] NSWADT 148 Hearing dates: 31 May 2013 Decision date: 28 June 2013 Jurisdiction: Equal Opportunity Division Before: Magistrate N Hennessy, Deputy President Decision: 1. The NSWPF's application to dismiss Mr Ritson's complaint of victimisation "by refusing to process an application for the National Police Service Medal" is granted. 2. Mr Ritson's application to amend his complaint to include an additional complaint of victimisation "by refusing to process Mr Ritson's application for ex gratia assistance" is refused. 3. Mr Ritson's application to amend his complaint to include an additional complaint of victimisation by "threatening to enforce the indemnity in clause 7(d) of the deed" is refused. 4. The NSWPF's application for costs on an indemnity basis from 31 October 2012 is refused. Catchwords: ANTI-DISCRIMINATION - Application by NSW Police Force to summarily dismiss complaint under Anti-Discrimination Act 1977 - Whether deed of release prevents applicant from making the complaint - Application to amend complaint - Whether deed of release applies and/or application misconceived - Whether fair to award costs Legislation Cited: Administrative Decisions Tribunal Act 1997 Anti-Discrimination Act 1977 Privacy and Personal Information Protection Act 1998 Workplace Injury Management and Workers Compensation Act 1998 Cases Cited: AT v Commissioner of Police, NSW [2010] NSWCA 131 Bank of Credit and Commerce International SA v Ali [2001] 1 AC 251 Chi v Coles Supermarket Australia Pty Limited [2006] NSWADTAP 3 Grant v John Grant & Sons Pty Ltd (1952) 91 CLR 112 Matthews v Hargraves (No 4) [2013] FMCA 4 Qantas Airways Ltd v Gubbins (1992) 28 NSWLR 26 R v Ritson; R v Stacey [2010] NSWDC 160 Sebastian v Rail Infrastructure Corporation and Ors [2005] NSWADT 281 Tu v University of Sydney (No 2) [2002] NSWADTAP 25 Yoshimoto v Canterbury Golf International Ltd [2001] 1 NZLR 323 Texts Cited: JW Carter, Contract Law in Australia, 4th edition, Lexis Nexis Butterworths, 2002 Category: Interlocutory applications Parties: Brendan Ritson (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Counsel M Spartalis (NSWPF) Henry Davis York (NSWPF) File Number(s): 131011 Publication restriction: Pursuant to s 75(2)(c) of the Administrative Decisions Tribunal Act 1997, the publication of the deed of release between the parties dated 22 November 2011 is prohibited except that the tribunal may publish any unredacted parts of the deed in these reasons for decision. The reasons for decision may be published in full.