Ryan v Commissioner of Police, NSW Police Force

The Federal Court was tasked with determining whether to grant the applicant, Ryan, leave to commence proceedings against the Commissioner of Police, NSW Police Force, under section 46PO(3A)(a) of the Australian Human Rights Commission Act 1986 (Cth). Ryan had lodged a complaint with the Australian Human Rights Commission (AHRC) alleging unlawful discrimination by the Commissioner in revoking Ryan's appointment as a Leading Senior Constable, which Ryan claimed was discriminatory based on his disability. The Commissioner opposed the grant of leave, arguing that Ryan's claims were not reasonably arguable and that the delay in filing the complaint rendered the application inappropriate.

The central legal issues before the court were whether Ryan's application was arguable and not fanciful, and if the delay in filing the complaint should preclude the grant of leave. The court needed to assess the merits of Ryan's claims, the significance of the delay, and whether there were broader ramifications and general importance to the matter. The court considered the nature of the complaint, the ongoing loss suffered by Ryan, and the broader implications of the alleged discriminatory act.

The court found that the delay in filing the complaint did not render the application inappropriate as there was no prejudice to the Commissioner. The court also found that the AHRC had not thoroughly considered the merits of the complaint, merely noting that it was lodged more than 12 months after the alleged act. The court concluded that the matters raised by Ryan had broader ramifications beyond the individual case, and that there was a debate to be had in relation to Ryan's claims. The court was satisfied that there was a reasonably arguable case for leave to be granted.

The Federal Court granted leave to Ryan to commence proceedings against the Commissioner of Police, NSW Police Force. The originating application filed on 7 June 2018 was treated as filed with leave of the Court. The orders included granting leave under section 46PO(1) of the Australian Human Rights Commission Act 1986 (Cth) and treating the originating application as filed with leave pursuant to section 46PO(3A) of the Act.