Cameron v Commissioner of Police, NSW Police Force [2016] NSWCATAD 281

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Cameron v Commissioner of Police, NSW Police Force [2016] NSWCATAD 281 Hearing dates: 31 May 2015, 9, 10, 11 & 12 May 2016, 16 & 17 June 2016 and 24 June 2016 Date of orders: 02 December 2016 Decision date: 02 December 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: R J Perrignon, Senior Member J Newman, General Member Decision: (1) The complaints of direct discrimination by reason of the respondent declining or failing to grant Ms Cameron's applications for transfer to the Far South Coast Local Area Command are dismissed.

(2) The complaints of victimisation by reason of the email communications dated 8 August 2012 and 2 October 2012 are dismissed. Catchwords: Discrimination on the grounds of carers responsibilities – discrimination on the grounds of disability (mental health) – whether the respondent employer directly discriminated against the applicant on the grounds of carers responsibilities or disability in declining her requests for transfer from Sydney to Batemans Bay

Victimisation – whether the respondent subjected the applicant to a detriment by writing two email communications to her in 2012, on the ground that she had complained of discrimination or threatened to do so, or was suspected of the same Legislation Cited: Anti-Discrimination Act 1977 Cases Cited: Heber v Glenn Henney & Sons Pty Limited (No 2) [2007] NSWADT 230 Nicholls and Nicholls v Director General, Department of Education and Training (No 2) [2009] NSWADTAP 20 Perera v Director-General, Department of Education and Communities [2012] NSWADT 108 Purvis v NSW (Department of Education and Training) (2003) 217 CLR 92 Sivananthan v Commissioner of Police (NSW) [2001] NSWADT 44 Category: Principal judgment Parties: Jennifer Cameron (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Counsel: A Perrigo (Respondent)