Whitfield v State of New South Wales (NSW Police Force)

The respondent, the State of New South Wales, represented by the NSW Police Force, was subject to a complaint brought by the applicant, Mr Whitfield, alleging age discrimination in contravention of the Anti-Discrimination Act 1977 (NSW). The dispute was heard and determined in the Anti-Discrimination Board of New South Wales. The Board was tasked with deciding whether Mr Whitfield's complaint should proceed to a formal investigation and if there were any alternative remedies available to him.

The central legal issues before the Board were whether the facts alleged in Mr Whitfield's complaint constituted age discrimination under the Act and if there was a more appropriate remedy available to him. The Board needed to assess the evidence presented and determine if the complaint was substantiated and if the alternative remedy proposed by the respondent was adequate. The Board also had to consider the principles of natural justice and fairness in its decision-making process.

In its decision, the Board found that the facts alleged in Mr Whitfield's complaint did indeed constitute age discrimination under the Act. The Board was satisfied that the evidence presented supported the applicant's allegations and that a formal investigation was warranted. However, the Board also considered the alternative remedy proposed by the respondent, which involved the provision of a written apology and a meeting with senior officers to discuss the incident. The Board found that this remedy was insufficient to address the discrimination experienced by Mr Whitfield. As a result, the Board granted leave for the complaint to proceed to a formal investigation.

The Board made an order granting leave for Mr Whitfield's complaint of age discrimination to proceed to a formal investigation. The matter was listed for a case conference on 9th February 2011 at 9.30am, at which the parties would have an opportunity to discuss the next steps in the proceedings.