Jamal v State of NSW (NSW Police Force) [2013] NSWADT 168

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Jamal v State of NSW (NSW Police Force) [2013] NSWADT 168 Hearing dates: 9 & 10 May 2013 Decision date: 29 July 2013 Jurisdiction: Equal Opportunity Division Before: Magistrate N Hennessy, Deputy President J Schneeweiss, Non-Judicial member A Lowe, Non-Judicial member Decision: The applicant's complaints of sex and race discrimination against NSW Police Force are dismissed. Catchwords: ANTI-DISCRIMINATION - whether police discriminated against applicant on ground of sex (male) or race (Egyptian) in providing services - Legislation Cited: Anti-Discrimination Act 1977 Police Act 1990 Cases Cited: Commissioner of Police v Estate of Russell [2001] NSWSC 745 Robinson v Commissioner of Police, NSW Police Force [2012] FCA 770 Category: Principal judgment Parties: Jon Jamal (Applicant) State of NSW (NSW Police Force) (Respondent) Representation: J Jamal (Applicant in person) Bartier Perry (Respondent) File Number(s): 121119

reasons for decision

Summary

Complaints of sex and race discrimination against police 1Mr Jamal, who originally comes from Egypt, complains that several police officers discriminated against him on the grounds of his race and his sex in breach of the Anti-Discrimination Act 1977 (AD Act). His complaints are that police officers: (1)threatened him with gaol; (2)charged him with assaulting his ex-wife based on fabricated evidence; (3)strip searched, "imprisoned" and denied him medication; (4)denied him an interpreter and the opportunity to make a statement in Arabic; (5)refused to investigate his allegations that his wife, or someone else at the women's refuge were she and his three children were staying, deliberately broke his son's leg as a punishment; ("the broken leg allegation") (6)treated him as if he was naïve and did not deal fairly with his complaint against Constable Semaan.