the Applicant v State of Victoria (Victoria Police)
Citation: [2020] FCA 168
What happened
The Applicant commenced proceedings against Victoria Police (Victoria Police) alleging breaches of the Disability Discrimination Act 1992 (Cth). The allegations relate to an altercation in February 2018 and a subsequent complaint made by her partner to Victoria Police. The Applicant claimed Victoria Police failed to adequately investigate the complaint and discriminated against him due to his disability. Victoria Police sought to have parts of the Applicant’s amended points of claim struck out, arguing they didn’t establish a reasonable cause of action.
What was decided
The Federal Court allowed Victoria Police's application to strike out portions of the Applicant’s claims. The court found that Victoria Police was not providing a 'service' when investigating the complaint, as required under section 24 of the Disability Discrimination Act. The court noted the applicant's pleading wasn't well drafted but didn't prevent it from understanding the core argument. Further orders regarding the remaining points of claim will be determined in chambers.
What it means for employers
Employers providing services must ensure their actions don’t discriminate against individuals with disabilities. Investigating complaints and responding to incidents doesn’t automatically constitute a 'service' under anti-discrimination laws, but responses should still be fair and equitable. Clear communication of processes is important to avoid misunderstandings.
What it means for employees
Employees experiencing discrimination related to disability should understand the legal framework surrounding services provided by organisations. While investigations may not always equate to providing a service, there are avenues for redress if discriminatory practices occur. Seek legal advice if you believe your rights have been violated.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections