Smith v Industrial Relations Secretary in respect of Local Land Services (No 3) [2024] NSWIRComm 1028

Industrial Relations Commission New South Wales Medium Neutral Citation: Smith v Industrial Relations Secretary in respect of Local Land Services (No 3) [2024] NSWIRComm 1028 Hearing dates: 2 May 2024 Date of orders: 2 May 2024 Decision date: 07 May 2024 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Constant, Commissioner Sloan and Commissioner Webster Decision: The application for an extension of time to appeal is refused. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Industrial Relations Commission – Appeals – applicant sought leave to appeal against decision dismissing application for reinstatement of injured worker for want of jurisdiction – leave to appeal refused by Full Bench – applicant filed second appeal against decision at first instance – whether applicant should be granted an extension of time to make the second appeal Legislation Cited: Industrial Relations Act 1996 ss 179, 187, 189 Workers Compensation Act 1987 ss 242, 244 Cases Cited: Autodesk Inc v Dyason (No 2) (1993) 176 CLR 300; [1993] HCA 6 Bindaree Beef Pty Ltd v Riley (2013) 85 NSWLR 350; [2013] NSWCA 305 Brisbane South Regional Health Authority v Taylor [1996] HCA 25; (1996) 139 ALR 1 D'Orta-Ekenaike v Victoria Legal Aid (2005) 223 CLR 1; [2005] HCA 12 DJL v Central Authority (2000) 201 CLR 226; [2000] HCA 17 Gallo v Dawson (1990) 64 ALJR 458, [1990] HCA 30 Gough & Gilmour Holdings Pty Limited & Ors v Caterpillar of Australia Limited & Anor [2003] NSWIRComm 3 Gould v R [2023] NSWCCA 103 Hamod v State of New South Wales and Anor [2011] NSWCA 375 Patricia Smith v Industrial Relations Secretary in respect of Local Land Services [2023] NSWIRComm 1110 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Roads and Maritime Services [2015] NSWIRComm 16 Renshaw v New South Wales Lotteries Corporation Pty Ltd [2021] NSWCA 41 Secretary of the Ministry of Health v The New South Wales Nurses and Midwives' Association (2022) 320 IR 249; [2022] NSWSC 1178 Skelly v Prouds Jewellers Pty Ltd (1994) 53 IR 3 Smith v Industrial Relations Secretary in respect of Local Land Services (No 2) [2024] NSWIRComm 1015 Texts Cited: M Allars, "Perfected judgments and inherently angelical administrative decisions: The powers of courts and administrators to reopen or reconsider their decisions" (2001) 21 Aust Bar Rev 50 Category: Principal judgment Parties: Patricia Smith (Applicant) Industrial Relations Secretary (Respondent) Representation: Patricia Smith (self-represented) Counsel: M Seck (Respondent) Solicitors: Lander & Rogers (Respondent) File Number(s): 2024/00097656 Publication restriction: No Decision under appeal Court or tribunal: Industrial Relations Commission of New South Wales Citation: Patricia Smith v Industrial Relations Secretary in respect of Local Land Services [2023] NSWIRComm 1110 Date of Decision: 3 November 2023 Before: Commissioner Muir File Number(s): 2021/00348518