Sivananthan v Commissioner of Police, NSW Police Service

In the matter of Kathiravelu Sivananthan v Commissioner of Police, New South Wales Police Service, the New South Wales Administrative Decisions Tribunal (ADT) dismissed all of the applicant's complaints of race discrimination and victimisation. The applicant, Mr Kathiravelu Sivananthan, alleged that his former employer, the Commissioner of Police (the respondent), discriminated against him on the ground of race and subjected him to victimisation because of his race discrimination complaints. The Tribunal heard the case over 17 sitting days between 7 February and 14 August 2000. The respondent was represented by Ms Anderson of counsel, and the applicant, who is a solicitor, appeared in person.

In relation to the race discrimination complaints, the Tribunal concluded that there was no evidence to suggest that the respondent discriminated against the applicant on the ground of race. The Tribunal found that the applicant's evidence did not go beyond mere suspicion, and there was no direct or circumstantial evidence to draw the inference that race was a factor in any of the respondent's actions. The Tribunal also dismissed the victimisation complaints, finding that there was no evidence to support the applicant's claims that the respondent subjected him to a detriment on the ground that he had complained of race discrimination.

The Tribunal found that the respondent was not required to prove motive or intention, but rather, that the applicant had to establish a relationship of cause and effect between the complaints of race discrimination and the actions of the respondent. The Tribunal concluded that the applicant failed to prove this relationship, as there was no evidence that the respondent, or his employees, knew of the applicant's complaints of race discrimination and acted on this ground.

The Tribunal granted leave to the respondent to apply to the Registrar within 28 days to re-list the matter to pursue their application for costs. If an application is made to the Registrar by the respondent within 28 days, the Registrar will re-list the matter on a date which is suitable to the parties and to the Tribunal. In the event that no application is made to the Registrar by the respondent within 28 days, the outcome will be that there is no order as to costs.