Wright v Commissioner of Police, NSW Police Force

The applicant, a former police officer, filed a complaint against the NSW Police Force alleging discrimination and victimisation in breach of the Anti-Discrimination Act 1977. The complaint included allegations of direct discrimination based on the applicant's responsibilities as a carer, indirect discrimination for the same reason, and victimisation. The case was heard in the Administrative Decisions Tribunal (ADT), which was tasked with determining the validity of the applicant's claims.

The primary legal issues that the Tribunal needed to address were the interpretation of the elements of indirect discrimination under the Anti-Discrimination Act 1977 and the effect of a privative clause in section 173(9) of the Police Act 1990. The Tribunal also had to decide whether these sections deprived it of jurisdiction to hear part of the applicant's complaint.

The Tribunal found that the applicant's complaints of indirect discrimination on the ground of carer's responsibilities and victimisation were not substantiated. However, it did find the complaint of direct discrimination substantiated, based on the applicant's responsibilities as a carer. Regarding the privative clause, the Tribunal determined that it did not deprive it of jurisdiction to hear the complaint. Consequently, the Tribunal ordered the respondent to pay the applicant $5,000.

The Tribunal also provided directions regarding any application for costs and evidence to be filed and served within specified timeframes. If necessary, a hearing date would be set to consider any application; otherwise, the application would be determined on the papers in accordance with the Administrative Decisions Tribunal Act 1997.