Commissioner of Police v Mohamed

[2009] NSWCA 432

NSW Court of Appeal

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Interrogate

Catchwords

1. Human Rights
2. › Discrimination
3. › Racial discrimination
4. › Provision of services
5. › Police officers responding to complaint of criminal offence
6. › Whether fulfilment of police duties constitutes 'service'
7. › Whether general law immunity from negligence applies to discrimination complaints
8. › Anti-Discrimination Act 1977 (NSW), ss 7, 19
1. Police
2. › Duty to investigate alleged criminal offences
3. › Duty to protect persons and property
4. › Duty to prevent and detect crime
5. › Whether fulfilment of duties constitutes 'service' for purposes of racial discrimination complaint
6. › Identification of persons to whom services are provided
7. › Anti-Discrimination Act 1977 (NSW), s 4(1)
8. › Police Act 1990 (NSW), s 6(3)
1. Practice and Procedure
2. › Referral of question of law
3. › Administrative Decisions Tribunal
4. › No fact-finding exercise undertaken prior to referral
5. › No agreed facts
6. › Difficulty of determining abstract questions with sufficient utility
7. › Administrative Decisions Tribunal Act 1997 (NSW), s 118

Quick Take

Police conduct in responding to requests for assistance in relation to possible criminal activity can constitute 'services' within s 19 of the Anti-Discrimination Act 1977 (NSW), enabling racial discrimination complaints against police officers for their conduct in investigating complaints and protecting persons and property. The general law immunity of police from negligence actions has no application to such discrimination complaints. The boundary between initial investigation (which is a service) and later prosecution decisions (which may not be) remains to be determined on specific facts.