Johnson v Commissioner of Police, New South Wales Police

The matter of Johnson v Commissioner of Police, New South Wales Police was heard by the NSW Civil and Administrative Tribunal. The applicant, Johnson, sought to join the NSW Police Service but was denied on the basis of his visual acuity, which did not meet the specified standards. Johnson contended that the standards were discriminatory and that he was qualified for the role despite his vision. The Commissioner of Police argued that the standards were necessary for operational reasons and that accommodating Johnson would compromise safety and operational effectiveness.

The legal issues before the tribunal encompassed whether the visual acuity standards were discriminatory under the Anti-Discrimination Act 1977 (NSW) and whether the standards could be considered unreasonable or irrelevant to the duties of a probationary constable. Additionally, the tribunal considered whether the Commissioner's decision to reject Johnson's application was lawful and whether Johnson was entitled to compensation.

The tribunal found that the visual acuity standards were discriminatory as they were not proportionate to the requirements of the role and did not take into account the availability of modern technology that could assist with vision impairments. The tribunal concluded that the standards were not relevant to the core duties of a probationary constable and that the Commissioner's decision was unlawful. As a result, the tribunal ordered the Commissioner to pay Johnson $15,000 in damages and to reassess Johnson's application to join the police service without reference to the visual acuity standard. If Johnson's application is successful, he is to be attested as a probationary constable. If unsuccessful, a further payment of $20,916.05 plus interest will be made to Johnson.