Anderson v State of NSW (NSW Police Force) [2013] NSWADT 170

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Anderson v State of NSW (NSW Police Force) [2013] NSWADT 170 Hearing dates: 4 June 2013 Decision date: 29 July 2013 Jurisdiction: Equal Opportunity Division Before: Magistrate N Hennessy, Deputy President Decision: Leave is refused for the applicant's complaint of sex and disability discrimination against the State of NSW to proceed Catchwords: ANTI-DISCRIMINATION - whether phone call by police officer to applicant inquiring about possible criminal offence constitutes sex or disability discrimination in the provision of services Legislation Cited: Administrative Decisions Tribunal Act 1997 Anti-Discrimination Act 1977 Police Act 1990 Cases Cited: IW v City of Perth [1997] HCA 30; (1997) 191 CLR 1 Jones v Ekermawi [2009] NSWCA 388 Waters v Public Transport Corporation [1991] HCA 49; (1991) 173 CLR 349 Category: Interlocutory applications Parties: Annette Anderson (Applicant) State of NSW (NSW Police Force) Representation: Applicant in person A Shields, Norton Rose Fulbright (Respondent) File Number(s): 131025

REASONS FOR DECISION

Introduction

1Ms Anderson complained about a phone call Constable Ross made to her on 8 November 2012. She says that the call amounts to discrimination on the ground of her sex and presumed disability (mental illness) in breach of the Anti-Discrimination Act 1977 (AD Act). The President of the Anti-Discrimination Board (the Board) declined the complaint. Ms Anderson now applies for permission for the complaint to go ahead: AD Act, s 96. The Tribunal has a discretion to grant or not to grant leave for a complaint to proceed. When determining that question it should be guided by what is fair and just in the circumstances: Jones v Ekermawi [2009] NSWCA 388. I have decided to refuse to grant leave because Ms Anderson's complaint lacks merit and is unlikely to succeed if it were to go ahead.