Fields v Commissioner of Police, NSW Police Force [2017] NSWCATAD 311

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Fields v Commissioner of Police, NSW Police Force [2017] NSWCATAD 311 Hearing dates: 29 August 2017 Date of orders: 27 October 2017 Decision date: 27 October 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: Hennessy LCM, Deputy President Decision: 1. Ms Patterson is removed as an applicant to the proceedings. 2. Mr Fields is joined as an applicant to the proceedings. 3. Ms Patterson is appointed as Mr Fields' guardian ad litem under s 45(4)(a) of the Civil and Administrative Tribunal Act 2013 (NSW). 4. Leave is granted for that part of the Mr Fields' complaint that occurred on 18 May 2016 immediately after his arrest, to proceed. Catchwords: HUMAN RIGHTS – where Aboriginal man with mental health issues was arrested and taken into police custody – where it is alleged that police officers used excessive force and failed to promptly decontaminate him after spraying him with capsicum spray – where President of Anti-Discrimination Board had declined complaint of discrimination on the ground of race and disability as lacking in substance – whether fair and just for complaint to proceed - whether police providing a 'service' to applicant during or immediately after arrest Legislation Cited: Anti-Discrimination Act 1977 (NSW), ss 4, 7(1)(a), 19, 49A, 49M, 87(1), 92(1)(a), 94A, 96 and 103 Civil and Administrative Tribunal Act 2013 (NSW), s 44, s 45(4)(a) Mental Health (Forensic Provisions) Act 1990 (NSW) Police Act 1990 (NSW), s 6(3)(b) Cases Cited: Commissioner of Police, NSW Police Service v Estate of Edward John Russell [2001] NSWSC 745 Ekermawi v Administrative Decisions Tribunal of New South Wales [2009] NSWSC 143 IW v City of Perth [1997] HCA 30; (1997) 191 CLR 1 Seltsam Pty Ltd v McGuiness [2000] NSWCA 29; (2000) 49 NSWLR 262 Waters v Public Transport Corporation [1991] HCA 49; (1991) 173 CLR 349 Category: Procedural and other rulings Parties: Richard Fields (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: C Patterson, Guardian ad Litem (Applicant) K&L Gates (Respondent) File Number(s): 2017/00219440 Publication restriction: Nil