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Police officers win landmark case in New South Wales

Four policemen in New South Wales have won a historic case of employment discrimination.

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Steven Rapisarda, Shane Housego, Christopher Sheehy and Christian McDonald were serving police officers based in Newtown in the NSW police service when they were subjected to a six month undercover operation.

Former Newtown Local Area Command Superintendent Simon Hardman filed a complaint against the officers alleging that they belonged to a “tight knit group of like-minded homosexuals” and had an “anecdotal reputation for loose morals and reckless behaviour”, including “recreational drug use”.

THe four officers were investigated by an eight-man strike force called operation Andro,  it found no evidence of wrongdoing on the men’s part.  

They four officer, two who remain members of the force, the sued the police for discrimination. The court found that their former superiors opinion that gay men have “loose morals” and engage in “indiscriminate sexual acts” where drugs are consumed was discriminatory.

The officers’ lawyer, Dowson Turco Lawyers partner Nicholas Stewart, said the case was significant.

“This case is significant for several reasons. Firstly, it shows that the NSW Police Force’s complaints system is vulnerable to misuse and abuse without independent oversight. Secondly, it demonstrates that in an age of progressive and inclusive corporate policies, discrimination can be found alive and well in pockets of any organisation.

“Thirdly, this case represents a David and Goliath battle, a conflict that could have been resolved if the officers’ complaints had been listened to and addressed, but one that proceeded to an expensive two-year dispute that involved many lawyers and the use of taxpayer funds in excess of $1.5m to defend the indefensible.”

“We congratulate Mr Rapisarda, Mr Housego, Mr McDonald and Mr Sheehy on their tenacity to stand up for what’s right and shine a light on homophobia at work and the vulnerability of the LGBT community in the modern world.” Stewart said.

The damages to be awarded to the four men will decided at a court hearing next month.

OIP Staff, image stock image of a police car. 


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