Ryan v Commissioner of Police, NSW Police Force (No 2)

In the Federal Court of Australia, Ryan sought judicial review of a decision by the Commissioner of Police, NSW Police Force to revoke his appointment as Leading Senior Constable in Fingerprint Operations, Identification Services Branch, Forensic Services Group. The applicant argued that the revocation of his appointment constituted direct and indirect disability discrimination contrary to the Disability Discrimination Act 1992 (Cth). The court was required to determine whether a constable in the NSW Police Force is an employee for the purpose of the Act, and whether the revocation of the applicant's appointment constituted direct or indirect discrimination.

The court found that, while police officers are not employees at common law, certain statutory regimes treat police officers as employees. However, the court held that the applicant was not an employee for the purposes of the Disability Discrimination Act, as the Act is intended to give effect to Australia’s obligations under international law and the definition of employment is inclusive. The court also found that the revocation of the applicant's appointment did not constitute direct discrimination, as the applicant did not receive less favourable treatment than an appropriate hypothetical comparator. Further, the court held that the requirement that the applicant be able to perform the inherent requirements of the position was reasonable, and therefore did not constitute indirect discrimination.

The court dismissed the applicant's claims as pleaded and found in favour of the respondents. The orders of the court were that the application be dismissed.