Wright v Commissioner of Police, NSW Police Force [2014] NSWCATAD 16

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wright v Commissioner of Police, NSW Police Force [2014] NSWCATAD 16 Hearing dates: 23, 24 and 27 May 2013 and 7 August 2013 Decision date: 24 February 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: Magistrate N Hennessy, Deputy President J Schwager, General Member M Nasir, General Member Decision: (1) The Applicant's complaints of indirect discrimination on the ground of carer's responsibilities (Complaints 1, 2, 4 and 6) are not substantiated. (2) The Applicant's complaints of victimisation (Complaints 5 and 7) are not substantiated. (3) The Applicant's complaint of direct discrimination (Complaint 3) is substantiated. (4) The Respondent is ordered to pay the Applicant $5,000 within 28 days of the date of this decision. Directions: (1) Any application for costs and any evidence in support of such an application is to be filed and served within 28 days of the date of these reasons. (2) Any reply to such an application and any evidence in response, is to be filed and served within a further 28 days. (3) If necessary, a hearing date will be set to consider any application. Otherwise, any application will be determined on the papers in accordance with the Administrative Decisions Tribunal Act 1997, s 76. Catchwords: DISCRIMINATION - allegation of direct and indirect discrimination on ground of responsibilities as a carer and victimisation in breach of Anti-Discrimination Act 1977 - meaning of elements of indirect discrimination - whether privative clause in s 173(9) of Police Act 1990 means that Tribunal lacks jurisdiction to entertain part of complaint Legislation Cited: Administrative Decisions Tribunal Act 1997 Anti-Discrimination Act 1977 Courts and Other Miscellaneous Legislation Amendment Act 2013 Crown Employees (Police Officers - 2009) Award Disability Discrimination Act 1992 (Cth) Evidence Act 1995 Family Law Act 1975 (Cth) Griffith Local Area Command Business Rules (Revised 1 July 2010) Police Act 1990 Police Regulation 2008 R Hunter, Indirect Discrimination in the Workplace, Federation Press, Sydney, 1992, p 5 Cases Cited: ACE v Director General, Department of Education and Training [2011] NSWADTAP 23 ACE v State of NSW (TAFE Commission and DET) [2010] NSWADT 180 Allied Pastoral Holdings Pty Ltd v Federal Commissioner of Taxation (1983) 44 ALR 607 Amery & Ors v New South Wales (Director-General NSW Department of Education and Training) [2004] NSWCA 404 Australian Iron & Steel Pty Ltd v Banovic (1989) 168 CLR 165 Australian Medical Council v Wilson (1996) 68 FCR 46 Bonella & Ors v Wollongong City Council [2001] NSWADT 194 Browne v Dunn (1893) 6 R 67 (HL) Catholic Education Office v Clarke (2004) 138 FCR 121 Chacon v Rondo [2011] NSWADT 72 Clarke v Catholic Education Commission (2003) 202 ALR 340 Commissioner of Corrective Services v Aldridge [2000] NSWADTAP 5 Commissioner of Police, NSW Police v Mooney (No 3) [2004] NSWADTAP 22 Commonwealth Shipping Representative v P & O Branch Service [1923] AC 191, 212 Commonwealth v Human Rights and Equal Opportunity Commission (1995) 63 FCR 74, 83 Dutt v Central Coast Area Health Service [2002] NSWADT 133 Gardiner v New South Wales Workcover Authority [2003] NSWADT 184 Hickie v Hunt & Hunt [1998] HREOCA 8; (1998) EOC 92-910 Hurst v State of Queensland (2006) 151 FCR 562 Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298 Mandla v Dowell Lee [1983] 2 AC 548 MWJ v The Queen (2005) 80 ALJR 329 New South Wales v Amery (2006) 80 ALJR 753 Nicholls and Nicholls v Director General, Department of Education and Training (No 2) [2009] NSWADTAP 20 Purvis v State of New South Wales [2003] HCA 62; (2003) 217 CLR 92 Reddy v International Cargo Express [2004] NSWADT 218 Reid-Frost v Industrial Relations Commission of New South Wales [2013] NSWCA 161 Secretary, Department of Foreign Affairs & Trade v Styles (1989) 23 FCR 251 Shamoon v Chief Constable of the Royal Ulster Constabulary [2003] UKHL 11; [2003] 2 All ER 26 Sivananthan v Commissioner of Police, New South Wales Police Service [2001] NSWADT 44 Spencer v Greater Murray Area Health Service [2005] NSWADT 138 Waters v Public Transport Corporation [1991] HCA 49; (1992) 173 CLR 349 Texts Cited: R Hunter, Indirect Discrimination in the Workplace, Federation Press, Sydney, 1992 Category: Principal judgment Parties: Grant Wright (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Counsel K Edwards (Applicant) K Eastman SC with L Walsh (Respondent) Mitchell Lawyers (Applicant) Henry Davis York (Respondent) File Number(s): 121017