Commissioner of Police, NSW Police Force v Ireland [2024] NSWCATAP 1

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Commissioner of Police, NSW Police Force v Ireland [2024] NSWCATAP 1 Hearing dates: 15 December 2023 Date of orders: 5 January 2024 Decision date: 05 January 2024 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President Dr R Dubler SC, Senior Member Decision: 1. Appeal allowed. 2. Set aside the orders of the Tribunal made on 23 August 2023. 3. Remit the whole matter to the Tribunal, differently constituted, to be determined in accordance with these reasons. 4. The parties are at liberty to adduce fresh evidence in accordance with directions to be made on the remittal. Catchwords: ADMINISTRATIVE LAW – hearing rule – right to cross-examine witnesses – failure to allow the Appellant to cross-examine witnesses – reliance on the evidence of those witnesses – breach of procedural fairness – practical injustice resulting from breach of obligation to provide procedural fairness Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), Mental Health Act 2007 (NSW) Cases Cited: Australian Postal Commission v Hayes (1989) 87 ALR 283 Bilanenko v Commissioner of Police [2022] NSWCATAP 279 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR Jannis v Ant-Hassa Pty Ltd [2020] NSWCATAP 99 Morgan v Shardlan Pty Ltd (as Trustee for the Stumar Family Trust t/as Carpet One and Blinds Wagga Wagga) [2018] NSWCATAP 143 National Companies & Securities Commission v News Corporation Limited (1984) 156 CLR 296 O'Rourke v Miller (1985) 156 CLR 342 Ramsay v Australian Postal Commission (2005) 147 FCR 39 Simjanovska v Dogan [2023] NSWCATAP 69 Wakim v Mathiew Pty Ltd [2002] NSWSC 405 Stead v State Government Insurance Commission (1986) 161 CLR 141 Texts Cited: Nil Category: Principal judgment Parties: Commissioner of Police, NSW Police Force (Applicant) Benjamin Alexander Ireland (Respondent) Representation: Counsel: R Pietriche (Appellant) J Tyler-Stott (Respondent)