PSA and Professional Officers' Association Amalgamated Union of NSW and the Director of Public Employment by his agent the Director-General of the Department of Human Services (Juvenile Justice) [2010] NSWIRComm 32

Industrial Court of New South Wales

CITATION: PSA and Professional Officers' Association Amalgamated Union of NSW and the Director of Public Employment by his agent the Director-General of the Department of Human Services (Juvenile Justice) [2010] NSWIRComm 32

PARTIES: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (Applicant) The Director of Public Employment by his agent the Director-General of the Department of Human Services (Juvenile Justice) (Respondent)

FILE NUMBER(S): IRC 781 of 2009

CORAM: Marks J

CATCHWORDS: APPLICATION FOR DECLARATION UNDER s 154 - procedural fairness - misconduct and serious offence - disciplinary action - application of relevant procedural guidelines - officer's ability to make submissions concerning nature of disciplinary action hindered by inadequate particularity of considerations taken into account by respondent - decision to take disciplinary action invalid

Industrial Relations Act 1996 - s 154, LEGISLATION CITED: Public Sector Employment and Management Act 2002 - s 42(1), s 44, s 45, s 46, s 48

Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd [1994] FCA 1074; (1994) 49 FCR 576 CASES CITED: Jarratt v Commissioner of Police (NSW) [2005] HCA 50; (2005) 224 CLR 44 at [51] Public Employment Industrial Relations Authority v Scorzelli [1993] NSWIRComm 129; [1993] NSWIRC 48; (1993) 49 IR 169

HEARING DATES: 15 February 2010

DATE OF JUDGMENT: 16 March 2010

Mr M Gibian of counsel (Applicant) Solicitors W.G. McNally Jones Staff LEGAL REPRESENTATIVES: Mr A Britt of counsel (Respondent) Solicitors Director of Public Employment by his agent the Chief Executive of the Department of Human Services