Police Association of New South Wales v Commissioner of Police [2002] NSWIRComm 126

Industrial Relations Commission of New South Wales in Court Session

CITATION : Police Association of New South Wales v Commissioner of Police [2002] NSWIRComm 126 revised - 23/12/2002 APPLICANT Police Association of New South Wales PARTIES : RESPONDENT Commissioner of Police FILE NUMBER: IRC 3232 of 2001 CORAM: Wright J President Declaratory order - Police Service - Application for declaratory relief as to entitlements of police officer under suspension - Suspension "with or without pay" - Suspension "with pay" - Statutory construction - Principles as to statutory construction - Consideration of related or similar provisions - Principles applicable to grant of declaratory relief - Discretion - Orders made - Costs.

CATCHWORDS : Statutory construction - Suspension "with or without pay" - Suspension "with pay" - Principles as to statutory construction - Consideration of related or similar provisions - History of statutory scheme - Orders made - Costs.

Police - Declaratory order - Police Service - Entitlements of police officer under suspension - Suspension "with or without pay" - Suspension "with pay" - Statutory construction - Principles as to statutory construction - History of statutory scheme - Consideration of related or similar provisions - Discretion - Orders made - Costs. Industrial Relations Act 1996 s 154 Police Regulation Act 1899 Police Service Act 1990 s 45 s 46 s 56 s 92 s 93 s 186 s 219 Police Service Regulation 1990 cl 40 cl 71 cl 72 cl 74 cl 74A cl 75 cl 79(1) cl 80 cl 85 - 91 cl 93 cl 96 - 107 cl 109 - 111 LEGISLATION CITED : Police Service Regulation 2000 Public Sector Management Act 1998 Public Service Act 1902 Public Service Act 1979 Workers Compensation Act 1987