Griffin v Commissioner of Police, NSW Police & Anor (EOD) [2006] NSWADTAP 16

Griffin v Commissioner of Police, NSW Police & Anor (EOD) [2006] NSWADTAP 16

There was no breach of procedural fairness; the appellant was given adequate opportunity to be heard through written submissions. The complaint was misconceived and lacking in substance because there was no evidence the conduct occurred because of the appellant’s disabilities.

Parties
Appellant: Edward James Griffin; First Respondent: Commissioner of Police, NSW Police; Second Respondent: Director-General, NSW Department of Housing
Jurisdiction
Australia
Judgment Date
20 April 2006
Procedural Posture
Appeal / Decision of Appeal Panel
Outcome
Appeal dismissed
Legal Topics
Procedural Fairness, Summary Dismissal, Disability Discrimination
Administrative Law Anti Discrimination Procedural Fairness Summary Dismissal Disability Discrimination

Case Brief

Summary, issues, holding and outcome

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Parties

Edward James Griffin

Appellant

Commissioner of Police, NSW Police

First Respondent

Director-General, NSW Department of Housing

Second Respondent

Procedural Posture

Appeal / Decision of Appeal Panel

Legal Issues

  1. 1 Whether the appellant was denied procedural fairness
  2. 2 Whether the original complaint was misconceived or lacking in substance
  3. 3 Admission of hearsay evidence

Ratio Decidendi

There was no breach of procedural fairness; the appellant was given adequate opportunity to be heard through written submissions. The complaint was misconceived and lacking in substance because there was no evidence the conduct occurred because of the appellant’s disabilities.

Court Disposition

Appeal dismissed

Orders

  • The decision of the Tribunal made on 29 April 2005 is affirmed.
  • The appeal is dismissed.