Dempster v Comrie [2000] FCA 253

FEDERAL COURT OF AUSTRALIA

Dempster v Comrie [2000] FCA 253 INDUSTRIAL LAW – jurisdiction to entertain claim under Part XA of the Workplace Relations Act 1996 (Cth) – whether provisions apply to transfer of police officers in Victoria – whether state legislative power concerning transfers validly referred to Commonwealth – construction of state referring legislation PRACTICE AND PROCEDURE – whether permanent stay available where expiry of employment term meant proceedings incapable of benefiting applicant Commonwealth Powers (Industrial Relations) Act 1996: ss 1, 3, 4, 5 Commonwealth of Australia Constitution Act: s 51(xxxvii) Workplace Relations Act 1996 (Cth): ss 298A, 298C, 298K, 298L, 298U, 490, 496 Employee Relations Act 1992 (Vic): s 9 Police Regulation Act 1958: ss 8, 8AA, 17, 70, 82 Mayne Nickless Limited v Transport Workers Union of Australia [1998] FCA 984, distinguished Cooper Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation (1981) 147 CLR 297, cited La Roche v Cormack (1991) 33 FCR 414, referred to Graham v Paterson (1950) 81 CLR 1, cited Sande v Registrar, Supreme Court of Queensland (1996) 64 FCR 123, cited Mullins v Treasurer of Surrey (1880) 5 QBD 170, cited

NIGEL DEMPSTER v M N (NEIL) COMRIE, CHIEF COMMISSIONER OF POLICE FOR THE STATE OF VICTORIA (IN HIS CAPACITY AS EMPLOYER AS NOMINATED BY THE GOVERNOR IN COUNCIL), NOEL ASHBY AND THE STATE OF VICTORIA V 596 OF 1999 MOORE, KIEFEL AND LEHANE JJ 15 MARCH 2000 SYDNEY (HEARD IN MELBOURNE)

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 596 OF 1999

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: NIGEL DEMPSTER

APPELLANT

AND: M N (NEIL) COMRIE, CHIEF COMMISSIONER OF POLICE FOR THE STATE OF VICTORIA (in his capacity as employer as nominated by the Governor in Council)