McCrystal v Commissioner of Police, NSW Police Force [2018] NSWCATAD 299

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McCrystal v Commissioner of Police, NSW Police Force [2018] NSWCATAD 299 Hearing dates: 7 November 2018; 14 November 2018 (final submissions) Date of orders: 21 December 2018 Decision date: 21 December 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: A Britton Principal Member Decision: (1) The complaint referred by the President of the Anti-Discrimination Board to NCAT on 24 July 2018 is amended by: (a) extending the temporal scope of the complaint lodged by Mrs McCrystal with the President of the Anti-Discrimination Board on 29 June 2017 alleging victimisation to include the period 29 June 2017 to 7 November 2018 in respect of the allegations listed in the Points of Claim at [13],[14]. (b) adding to that complaint an allegation of discrimination on the ground of disability under s 49D(2) of the Anti-Discrimination Act 1977 (NSW) for the period 21 January 2016 to 7 November 2018, in respect of the allegations listed in the Points of Claim at [9],[10]. (2) The balance of the application to amend the complaints referred by the President of the Anti-Discrimination Board to NCAT on 24 July 2018, is refused. (3) The application for interim orders is refused. (4) By 11 Februray 2019, Mrs McCrystal must file and serve amended Points of Claim to reflect Order (1) above and any further evidence in support. (5) By 22 March 2019, the respondents must file and serve Points of Defence and evidence in support. (6) By 1 April 2019, Mrs McCrystal must file and serve any evidence in reply. (7) The matter is listed for directions (15 minutes) on 26 March 2019 at 2pm to list the matter for hearing. Catchwords: HUMAN RIGHTS — discrimination — factors relevant to power to amend complaint under s 103 of Anti-Discrimination Act 1977 (NSW)