LYNCH and COMMISSIONER OF POLICE

In Lynch and Commissioner of Police, the applicant, a police prosecutor, was transferred from Fremantle to Perth. The applicant claimed this was direct discrimination based on an impairment. The High Court of Australia heard the matter. The key issue for the court was whether the comparator, against whom the applicant's treatment was assessed, should have been a full-time or part-time police prosecutor. The resolution of this issue depended on the facts of the case, and it was necessary to determine whether the applicant's treatment was less favourable than that of a comparator in similar circumstances. The court found that the comparator should be a full-time police prosecutor, as the part-time nature of the applicant's role did not place her in materially similar circumstances to full-time prosecutors. Consequently, the court dismissed the complaint of direct discrimination. The orders of the court were that the complaint was dismissed.