Wright v Commissioner of Police [2014] NSWCATAP 67

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wright v Commissioner of Police [2014] NSWCATAP 67 Hearing dates: 12 June 2014 Decision date: 23 October 2014 Jurisdiction: Appeal Panel Before: Acting Judge K. P. O'Connor, AM, Deputy President Mr D Patten, Principal Member Ms A Scahill, Senior Member Decision: Appeal No AP 14/46314 Dismissed Appeal No AP 14/46315 Dismissed Any applications for costs to be dealt with in accordance with the directions given at para [134] of the reasons for decision. Catchwords: EQUAL OPPORTUNITY - Alleged indirect discrimination on the ground of employee's responsibilities for the care of children in the administration of leave policies by employer - held no unlawful discrimination - appeal - statutory construction - disparate impact and comparator groups - reasonableness in the circumstances - ability to comply - appeal dismissed. Anti-Discrimination Act 1977, s 49T(1)(b). EQUAL OPPORTUNITY - Complaint of victimisation - Tribunal dismissed as not cognisable - appeal - whether statutory right ousted by another statute - appeal dismissed. Anti-Discrimination Act 1977, s 50; Police Act 1990, s 173.

EQUAL OPPORTUNITY - Complaint of direct discrimination in respect of refusal of a transfer application - held proven - appeal by employer - use of hypothetical comparator - causation and differential treatment - fact-finding - appeal dismissed. Anti-Discrimination Act 1977, s 49T(1)(a). Legislation Cited: Anti-Discrimination Act 1977 Civil and Administrative Tribunal Act 2013 Cases Cited: AAD v NSW Trustee and Guardian & ors [2011] NSWADTAP 18 Australian Iron & Steel Pty Ltd v Banovic [1989] HCA 56; (1989) 168 CLR 165 Commissioner of Police v Eaton [2013] HCA 2 Department of Foreign Affairs & Trade v Styles (1989) 23 FCR 251 Dutt v Central Coast Area Health Service [2002] NSWADT 133 House v R [1936] HCA 40; (1936) 55 CLR 499 Norrie v NSW Registrar of Births Deaths and Marriages [2013] NSWCA 145 NSW Registrar of Births, Deaths and Marriages v Norrie [2014] HCA 11 Reid-Frost v Industrial Relations Commission of New South Wales [2013] NSWCA 161 Purvis v State of New South Wales [2003] HCA 62; 217 CLR 92 Shamoon v Chief Constable of the Royal Ulster Constabulary [2003] UKHL 11; [2003] 2 All ER 26 Wards Cove Packing Company v Atonio 490 US 642 (1989) Category: Principal judgment Parties: Grant Hilton Wright (Appellant/Respondent) Commissioner of Police, NSW Police Force (Respondent/Appellant) Representation: K Edwards (Appellant/Respondent) K Eastman SC (Respondent/Appellant) Mitchell Lawyers (Appellant/Respondent) Henry Davis York (Respondent/Appellant) File Number(s): AP 14/46314 (AP 14/0037); AP 14/46315 (AP 14/0038) Decision under appeal Jurisdiction: 150001 Citation: Wright v Commissioner of Police, NSW Police Force [2014] NSWCATAD 16 Date of Decision: 2014-02-24 00:00:00 Before: N Hennessy LCM, J Schwager, N Nasir, File Number(s): 121017