Commissioner of Police v Estate of Russell

The Commissioner of Police appealed a decision of the Administrative Decisions Tribunal concerning alleged unlawful discrimination by a police officer. The Estate of Russell, representing the victim of the alleged discrimination, was the respondent. The central dispute revolved around whether the Commissioner of Police, or the Police Service of New South Wales, was vicariously liable for the discriminatory acts of a police officer under the *Anti-Discrimination Act 1977* (NSW).

The New South Wales Court of Appeal was required to determine two primary legal issues. Firstly, whether a police officer is considered an employee of the Commissioner of Police for the purposes of the *Anti-Discrimination Act 1977*. Secondly, the Court had to consider whether the Administrative Decisions Tribunal had the jurisdiction to determine questions of vicarious liability, and whether unlawful discrimination under the Act constituted a tort.

The Court reasoned that a police officer is an employee of the Commissioner of Police, applying the principles of employment law to the relationship between the Commissioner and officers of the NSW Police Force. The Court also determined that unlawful discrimination under the *Anti-Discrimination Act 1977* could be considered a tort, and that the Administrative Decisions Tribunal possessed the necessary jurisdiction to adjudicate on vicarious liability in such matters. The Court answered the question of law in the affirmative, specifically in relation to the Commissioner of Police.