Robinson v NSW Police Service [2011] FCA 1081

Robinson v NSW Police Service [2011] FCA 1081

Only evidence and claims that are the same as, or arise out of the same (or substantially the same) acts, omissions or practices as, the subject of the terminated complaint within the meaning of s 46PO(3), are admissible; other evidence and claims fall outside the court's jurisdiction and are rejected.

Parties
First Applicant: David Robinson; Second Applicant: Sonia El Masri; Respondent: NSW Police Service
Jurisdiction
Australia
Judgment Date
23 September 2011
Procedural Posture
Application Under the Australian Human Rights Commission Act 1986 (cth) Alleging Unlawful Discrimination / Rulings on Admissibility of Evidence Prior to Substantive Hearing
Outcome
Interlocutory evidentiary rulings made; parts of affidavits excluded or limited; leave granted to amend points of claim; referral certificate to be issued.
Legal Topics
Disability Discrimination, Admissibility of Evidence, Limitation of Court's Jurisdiction by Terminated Complaint, Procedure Under Australian Human Rights Commission Act
Discrimination Law Evidence Law Disability Discrimination Admissibility of Evidence Limitation of Court's Jurisdiction by Terminated Complaint Procedure Under Australian Human Rights Commission Act

Case Brief

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Parties

David Robinson

First Applicant

Sonia El Masri

Second Applicant

NSW Police Service

Respondent

Procedural Posture

Application Under the Australian Human Rights Commission Act 1986 (cth) Alleging Unlawful Discrimination / Rulings on Admissibility of Evidence Prior to Substantive Hearing

Legal Issues

  1. 1 Whether the evidence proposed by the applicants falls within the scope of the terminated complaint as required under s 46PO(3) of the Australian Human Rights Commission Act 1986 (Cth)
  2. 2 Whether specific paragraphs of affidavits are admissible or inadmissible as evidence
  3. 3 The effect of the Evidence Act 1995 (Cth) s 136 on limiting evidence to submissions

Ratio Decidendi

Only evidence and claims that are the same as, or arise out of the same (or substantially the same) acts, omissions or practices as, the subject of the terminated complaint within the meaning of s 46PO(3), are admissible; other evidence and claims fall outside the court's jurisdiction and are rejected.

Court Disposition

Interlocutory evidentiary rulings made; parts of affidavits excluded or limited; leave granted to amend points of claim; referral certificate to be issued.

Orders

  • Specified paragraphs of affidavits rejected as evidence.
  • Specified paragraphs admitted as submission only, or limited to the subject of the terminated complaint.