Gay cops win landmark lawsuit against NSW Police Force

Gay cops win landmark lawsuit against NSW Police Force
Image: Shane Housego, Christian McDonald, Chris Sheehy and Steven Rapisarda with lawyer Nicholas Stewart (centre) at a previous court appearance. Photo: Janie Barrett/Fairfax Media.

A group of gay Sydney police officers who alleged they were discriminated against because of their sexuality have won a landmark lawsuit against the NSW Police Force.

Newtown-based officers Steven Rapisarda, Shane Housego, Christopher Sheehy and Christian McDonald were the focus of a six-month undercover investigation in 2015 after former Newtown Local Area Command Superintendent Simon Hardman filed a complaint against them.

Hardman, who is now head of security at the University of Sydney, alleged the four men belonged to a 鈥渢ight knit group of like-minded homosexuals鈥 and had an 鈥渁necdotal reputation for loose morals and reckless behaviour鈥, including 鈥渞ecreational drug use鈥. But the subsequent investigation, which was conducted by an eight-man strike force codenamed Andro, found no evidence of wrongdoing on the men鈥檚 part.

In 2017, the four officers sued the NSW Police Force over alleged discrimination, maladministration and misuse of public funds, seeking compensation and an apology. Today, after three years of litigation, the NSW Civil and Administrative Tribunal found the officers had been 鈥渟ubjected to unlawful discrimination鈥.

 

Nicholas Stewart from Dowson Turco Lawyers, who represented the men, said the case was a 鈥淒avid and Goliath battle鈥 and that the judgement is significant for 鈥渟everal reasons鈥.

鈥淔irstly, it shows that the NSW Police Force鈥檚 complaints system is vulnerable to misuse and abuse without independent oversight,鈥 Stewart said.

鈥淪econdly, it demonstrates that in an age of progressive and inclusive corporate policies, discrimination can be found alive and well in pockets of any organisation.鈥

He added the case 鈥渃ould have been resolved if the officers鈥 complaints had been listened to and addressed鈥 but instead 鈥減roceeded 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鈥.

鈥淲e congratulate Mr Rapisarda, Mr Housego, Mr McDonald and Mr Sheehy on their tenacity to stand up for what鈥檚 right and shine a light on homophobia at work and the vulnerability of the LGBT community in the modern world,鈥 Stewart said.

The amount of damages to be awarded will be determined at a hearing next month.

 

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