Scavera v Commissioner of Police, New South Wales Police Force [2024] NSWIRComm 1004

Industrial Relations Commission New South Wales Medium Neutral Citation: Scavera v Commissioner of Police, New South Wales Police Force [2024] NSWIRComm 1004 Hearing dates: 9 October 2023 Date of orders: 31 January 2024 Decision date: 31 January 2024 Jurisdiction: Industrial Relations Commission Before: Commissioner McDonald Decision: (1) The Respondent's notice of motion filed on 4 August 2023 is dismissed. (2) The proceedings are listed for conciliation on 8 February 2024 at 10.30am. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Public sector – Police – Misconduct and unsatisfactory performance – Powers of Commissioner – Jurisdiction of the Commission - Whether revocation of appointment as 'Leading Senior Constable' constitutes 'reviewable action' within the meaning of s 173 of the Police Act 1990 (NSW) – Whether revocation was action taken due to officer's misconduct or for some other reason – Determined that revocation of appointment was due to findings made that officer had engaged in misconduct – Revocation of appointment is 'reviewable action' – Commissioner's motion seeking that application for review of revocation be set aside or summarily dismissed, dismissed Legislation Cited: Industrial Relations Act 1996 (NSW), ss 10, 405 Interpretation Act 1987 (NSW), s 49(1) Police Act 1990 (NSW), ss 5, 8, 12, 31, 87, 173, 174, 179, Sch 1 Police Amendment (Police Promotions) Act 2006 (NSW) Police Regulation 2015 (NSW), reg 5 Police Service Amendment (Complaints and Management Reform) Act 1998 (NSW) Police Service Amendment (NSW Police) Act 2002 Cases Cited: Commissioner of Police v Bennett [2011] NSWIRComm 17; 204 IR 448 Lottoland Australia Pty Ltd v Australian Communications and Media Authority [2019] NSWSC 1041; 100 NSWLR 328 Police Association of New South Wales v State of New South Wales [2020] NSWCA 3; 101 NSWLR 626 Ryan v Commissioner of Police, NSW Police Force [2022] FCAFC 36; 290 FCR 369 Speirs v Industrial Relations Commission of New South Wales [2011] NSWCA 206; 81 NSWLR 348 Summersford v Commissioner of Police [2018] NSWCA 115; 97 NSWLR 831 Williams v Secretary, Department of Education [2022] NSWIRComm 1007; 316 IR 160 Texts Cited: Macquarie Dictionary, online ed, accessed 31 January 2024 Category: Procedural rulings Parties: Paul Scavera (Applicant) Commissioner of Police (Respondent) Representation: Counsel: M Gibian SC (Applicant) J Darams SC (Respondent) Solicitors Kingston Reid (Respondent) Other: C Young (Police Association of New South Wales) (Applicant) File Number(s): 2023/242379 Publication restriction: Nil