Dee v Commissioner of Police and Anor

Dee v Commissioner of Police and Anor involved the applicant, Ms Dee, who alleged sex discrimination and victimisation by the first respondent, the Commissioner of Police. The second respondent, the Police Department, was also a party to the case. The applicant sought to have her complaints heard in the anti-discrimination tribunal, and the Commissioner applied to have certain parts of the complaint dismissed on various grounds. The case was heard in the Federal Circuit Court of Australia.

The legal issues before the court included whether the applicant’s complaint of sex discrimination and victimisation were properly before the tribunal, and whether certain parts of the complaint were lawfully accepted by the President out of time. The court also had to consider whether the Commissioner should be a party to the proceedings in relation to the applicant’s sexual harassment claim.

The court found that the applicant’s complaints of sex discrimination and victimisation were properly before the tribunal, and the Commissioner’s application to have them dismissed was rejected. The court held that the President had the authority to accept the complaint out of time, and the application to have part of the complaint dismissed on this ground was also rejected. Finally, the court ruled that the Commissioner should remain a party to the proceedings in relation to the applicant’s sexual harassment claim.

The court ordered that the Commissioner’s application to have the applicant’s complaint of sex discrimination dismissed was rejected, and the application to have the complaint of victimisation dismissed was upheld. The application to have part of the complaint dismissed under s.111 was also rejected, as was the application that the Commissioner should not be a party to the proceedings in relation to the applicant’s sexual harassment claim.