Bonkain v Commissioner of Police, NSW Police Force [2023] NSWIRComm 1083

Industrial Relations Commission New South Wales Medium Neutral Citation: Bonkain v Commissioner of Police, NSW Police Force [2023] NSWIRComm 1083 Hearing dates: 14 February 2023 and 2 May 2023 Date of orders: 16 August 2023 Decision date: 16 August 2023 Jurisdiction: Industrial Relations Commission Before: Commissioner O'Sullivan Decision: The application filed by Aaron Bonkain on 31 October 2022, under s 181E of the Police Act 1990 (NSW) for a review of an order made under s 181D of the Act is dismissed. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Police -removal – Whether application filed in time– application dismissed Legislation Cited: Industrial Relations Act 1996 (NSW) Police Act 1990 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Texts Cited: NIL Category: Procedural rulings Parties: Aaron Bonkain (applicant)

Commissioner of Police, NSW Police Force (respondent) Representation: Solicitors:

Mr Rogers (applicant)

Ms Lenard (respondent) File Number(s): 2022/333576 Publication restriction: NIL

decision 1. In this matter, the respondent has moved on a notice of motion filed on 22 November 2022 (the "Motion") seeking to dismiss an application made by the applicant on 31 October 2022, under s 181E of the Police Act 1990 (NSW). The application was for a review of an order made under s 181D of the Act removing him from the New South Wales Police Force (the "Application"). 2. The sole ground upon which the Motion is based, is that the Application was filed outside the time limit permitted by s 85 of the Industrial Relations Act 1996 (NSW) (the "IR Act") as modified by ss 181G(1)(b) of the Police Act 1990 (NSW) (the "Police Act")`. 3. The time limit which applies under the above statutory regime is that an applicant has 14 days from the time he is given a copy of an order under 181D removing the officer from the force to file a review of the order under s181G of the Police Act. It is a strict time limit with no provision for extension.