Ryan v Commissioner of Police, NSW Police Force (No 2) [2021] FCA 106

Ryan v Commissioner of Police, NSW Police Force (No 2) [2021] FCA 106

The applicant was an employee for the purposes of the Disability Discrimination Act 1992 (Cth). However, the revocation of his Leading Senior Constable appointment under the Guidelines was compelled by objectively existing preconditions and was a term or condition of employment. Therefore, the applicant's complaint properly fell under s 15(2)(a), not (b) or (d), and his claims as pleaded were not established. No direct or indirect discrimination was found.

Parties
Applicant: Kenneth John Ryan; First Respondent: Commissioner of Police, NSW Police Force; Second Respondent: State of New South Wales
Jurisdiction
Australia
Judgment Date
16 February 2021
Procedural Posture
Federal Discrimination Claim / Final Judgment After Trial
Outcome
Application dismissed
Legal Topics
Disability Discrimination in Employment, Statutory Interpretation, Police Employment Status Under Disability Discrimination Act
Administrative and Constitutional Law Human Rights Law Disability Discrimination in Employment Statutory Interpretation Police Employment Status Under Disability Discrimination Act

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Parties

Kenneth John Ryan

Applicant

Commissioner of Police, NSW Police Force

First Respondent

State of New South Wales

Second Respondent

Procedural Posture

Federal Discrimination Claim / Final Judgment After Trial

Legal Issues

  1. 1 Whether a constable in the NSW Police Force is an employee for the purpose of the Disability Discrimination Act 1992 (Cth)
  2. 2 Whether revocation of LSC appointment constituted direct or indirect discrimination under the DD Act
  3. 3 Interpretation of 'employment' and 'employee' in the DD Act and relevant context

Ratio Decidendi

The applicant was an employee for the purposes of the Disability Discrimination Act 1992 (Cth). However, the revocation of his Leading Senior Constable appointment under the Guidelines was compelled by objectively existing preconditions and was a term or condition of employment. Therefore, the applicant's complaint properly fell under s 15(2)(a), not (b) or (d), and his claims as pleaded were not established. No direct or indirect discrimination was found.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.