Hi there. The exact grounds on which your RSA badge is being removed are not clear. For this reason, the information below is of a general nature only.

Removal of RSA accreditation

A person’s RSA authorisation may be removed by the Licensing Court if they breach a condition contained in the liquor licence for the premises at which they work. The condition may relate to the supply or sale of liquor, the health or welfare of customers and staff, or the supervision of the licensed premises by a 'responsible person’ (i.e. a person deemed fit and proper and holding an RSA). An RSA may also be removed if the person is convicted of an indictable offence (even if the offence is not related to their job) or they are otherwise no longer a fit and proper person.

Ordinarily, the Licensing Court will hear and decide applications for the removal of an RSA accreditation. A defendant can represent themselves in court or be represented by a lawyer. They will have the opportunity to present their side of the story and any relevant evidence to support their case.

Discrimination law

Under national laws, discrimination occurs when a person suffering a disability is treated less favourably than a person without the disability in the same or similar circumstances. ‘Disability’ includes an illness that affects one’s thought processes, perception of reality, emotions or judgment or that disturbs behaviour. A depressive illness is accepted as falling within this meaning.

However, a person’s or organisation’s conduct will not be considered unlawful discrimination where that conduct would have affected a person without a disability in the same way. That said, discrimination will arise when a policy applies to everyone but has an unfair effect on a person with a disability.

Similarly, under state law in South Australia, it is unlawful to discriminate on the basis of mental health. However, there is an explicit exception for situations where a person is not able to engage in an occupation adequately or safely. For example, an employer will generally not be considered to have discriminated against an employee if their conduct was necessary to ensure the work was done properly or safely.

If you feel discriminated against by the police or your employer, you could lodge a formal complaint with either the Equal Opportunity Commission of South Australia (www.eoc.sa.gov.au) or the Australian Human Rights Commission (www.humanrights.gov.au). The Commission will contact you to discuss your complaint, speak to the other party about the issue and then provide you with a copy of their response. If the issue is still unresolved, it may progress to the 'conciliation’ stage, where you would speak directly with the department whilst an independent conciliator helped both sides reach a resolution. This could be achieved in a number of ways, for instance, with an apology, change of policy, and/or compensation.

Suggested way forward

Your situation raises important legal questions that require more specific review. You should speak to a disability or human rights lawyer for detailed advice and representation. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs will vary between providers based on experience and the scope of services.