Harrison v Commissioner of Police (No. 2) [2007] NSWIRComm 93

Industrial Relations Commission of New South Wales

CITATION: Harrison v Commissioner of Police (No. 2) [2007] NSWIRComm 93

Applicant: Glen Arnold Harrison PARTIES: Respondent: Commissioner of Police

FILE NUMBER(S): IRC 6314 of 2003

CORAM: Backman J

CATCHWORDS: Application for review of an order of the Commissioner of Police - applicant applies for costs following successful review under s 181E of the Police Act 1990 of respondent's orders to remove him from the NSW Police - respondent objects on ground that Commission lacks jurisdiction to award costs - whether Commission has jurisdiction to award costs - interaction between s 181G(1) Police Act and Industrial Relations Act 1996 considered - held: Commission has jurisdiction to award costs - orders.

Criminal Appeal Act 1912 LEGISLATION CITED: Industrial Relations Act 1996 Police Act 1990

Bankstown City Council v Paris (1999) 93 IR 209 Harrison v Commissioner of Police [2006] NSWIRComm 319 Hosemans v Commissioner of Police (2004) 138 IR 159 CASES CITED: Little v Commissioner of Police (No 2) (2002) 112 IR 213 Morrison v Joy Manufacturing Co. Pty Ltd (2004) 137 IR 8 Newton v New South Wales Police Service (1999) 87 IR 66 Van Huisstede v Commissioner of Police (2000) 98 IR 57 Van Huisstede v Commissioner of Police (No 2) (2001) 106 IR 56

HEARING DATES: 11 December 2006

DATE OF JUDGMENT: 20 April 2007

Applicant: Mr B Docking of counsel Solicitors: Oates and Smith Solicitors LEGAL REPRESENTATIVES: Respondent: Mr P Skinner of counsel Solicitors: Legal Services New South Wales Police