Commissioner of Police v Mohamed

In *Commissioner of Police v Mohamed*, the New South Wales Court of Appeal considered questions of law referred by the Administrative Decisions Tribunal concerning racial discrimination by police officers. The dispute arose from allegations that police officers failed to adequately investigate and take seriously a complaint of abuse and assault, with the complainant alleging this failure constituted racial discrimination. The primary legal issue was whether the actions of police officers in investigating alleged criminal offences and in the detection and prevention of crime constituted "services" within the meaning of the *Anti-Discrimination Act 1977* (NSW), and if so, to whom such services were provided.

The Court determined that the conduct of police officers in responding to requests for assistance concerning potential criminal activity, which may involve the protection of persons or property, can indeed constitute the provision or refusal of "services" for the purposes of s 19 of the *Anti-Discrimination Act*. Furthermore, the Court held that the "aggrieved person" and "other person" referred to in the Act are those who are treated less favourably or subjected to a discriminatory condition in relation to the provision or refusal of these services, and this is not confined solely to the person reporting the alleged criminal offence. The Court also confirmed that the detection and prevention of crime, as defined by s 6(3) of the *Police Act 1990* (NSW), can also constitute "services" under the *Anti-Discrimination Act*.

The Court answered the referred questions of law, clarifying that police actions in investigating alleged criminal offences and in the detection and prevention of crime can fall within the ambit of "services" for the purposes of anti-discrimination law. The Court also clarified that the recipients of these services, for the purposes of a discrimination claim, are not limited to those who report an event but extend to any person adversely affected by the discriminatory provision or refusal of such services. The Court ordered that the Commissioner of Police pay the respondent's costs in the Court of Appeal, to the extent recoverable by a litigant in person.