Laurence Godkin v Commissioner of Police, New South Wales Police Service [2007] NSWIRComm 202

Industrial Court of New South Wales

CITATION: Laurence Godkin v Commissioner of Police, New South Wales Police Service [2007] NSWIRComm 202 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT: Laurence Godkin PARTIES: RESPONDENT: Commissioner of Police, New South Wales Police Service

FILE NUMBER(S): IRC 3306 of 2006

CORAM: Staunton J

CATCHWORDS: Application for declaratory relief pursuant to s 154 of the Industrial Relations Act 1996 - declaratory power of the Court considered - application of Court's powers of interpretation under s 175 of the Act considered - held, on first considerations, the applicant's transfer under s 67(1) of Police Act contrary to the spirit and intent of s 67(1)(a) of that Act - necessary to consider provisions of s 89 and s 63 of the Police Act - definitions of 'appointment' and 'vacant position' in s 63 of the Police Act relevant - when taken together, applicant's transfer under s 67(1) of the Police Act not an industrial matter pursuant to the Industrial Relations Act 1996 relevant to the Commission's jurisdiction - held the privative provisions of s 89(3) of the Police Act ousts power of the Court to grant legal relief - held the Court has no jurisdiction to make the declaratory or consequential orders sought - Hickman principles considered - in all the circumstances, not persuaded that Commissioner acted in bad faith in exercising power to transfer under s 67(1) relying on s 67(1)(a) - application dismissed - issue of costs reserved.

Federal Court of Australia Act 1976 Land and Environment Court Act 1979 LEGISLATION CITED: Industrial Arbitration Act 1940 Industrial Relations Act 1991 Industrial Relations Act 1996 Police Act 1990