Chester v Detective Senior Constable Jane Barnaby (No 2)

In Chester v Detective Senior Constable Jane Barnaby, the applicant, Georgia Chester, sought relief from the Queensland Civil and Administrative Tribunal against the respondent, Detective Senior Constable Jane Barnaby. The dispute centred around an allegation of discrimination under the Anti-Discrimination Act 1991, following an incident where Chester claimed she was racially profiled and subsequently discriminated against by Detective Senior Constable Barnaby during a traffic stop. Chester sought both compensation and a declaration of discrimination.

The primary legal issues before the Tribunal were whether Chester had been subjected to unlawful discrimination and whether the respondent's conduct met the statutory criteria for racial discrimination. Additionally, the Tribunal needed to determine whether any publication or disclosure of the parties' identities was permissible under the relevant statutes. Chester argued that the respondent's actions during the traffic stop amounted to discriminatory conduct based on her race, while the respondent contended that her actions were within the scope of her duties and did not constitute discrimination.

The Tribunal found that while Chester's experience was distressing and the respondent's conduct could be considered unreasonable, it did not amount to racial discrimination as defined by the Act. The Tribunal concluded that the respondent's actions were part of her professional duties and did not involve any discriminatory intent. Consequently, the Tribunal dismissed Chester's application for relief. The Tribunal also made orders under the Queensland Civil and Administrative Tribunal Act 2009 and the Anti-Discrimination Act 1991 to protect the identities of the parties involved in the proceedings.