NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Commissioner of Police v Skelly [2010] NSWIRComm 18
PARTIES: Commissioner of Police (Appellant) Daniel Skelly (Respondent)
FILE NUMBER(S): IRC 1251 of 2009
CORAM: Boland J President; Walton J Vice-President; Grayson DP
CATCHWORDS: APPEAL - POLICE - STATUTORY INTERPRETATION - Appeal by Commissioner of Police against first instance decision dismissing application under s 174 of the Police Act 1990 for want of jurisdiction - Whether transfer of police officer was reviewable or non-reviewable action under s 173 of Police Act - Distinction between reviewable and non-reviewable action - Relevance of financial loss as a distinguishing feature - Whether transfer was disciplinary or non-disciplinary - Whether Commission at first instance had power to call into question the s 173 order - Held that transfer order was order for non-reviewable action - Appeal upheld.
Police Act 1990 LEGISLATION CITED: Police Service Act 1990 Police Service Amendment (Complaints and Management Reform) Act 1998
CASES CITED: Coulton v Holcombe (1986) 162 CLR 1 Daniel Skelly and Commissioner of Police (No 2) [2009] NSWIRComm 119
HEARING DATES: 26 November 2009
DATE OF JUDGMENT: 17 February 2010
Mr M J Kimber SC with Ms N Sharpe of counsel Bartier Perry, solicitors LEGAL REPRESENTATIVES: Mr B G Docking of counsel Police Association of New South Wales
JUDGMENT:
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
FULL BENCH
CORAM: BOLAND J, President WALTON J, Vice-President GRAYSON DP
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