Police Integrity Commission & Anor v Shaw [2006] NSWCA 165

Reported Decision : 66 NSWLR 446

New South Wales Court of Appeal

CITATION: Police Integrity Commission & Anor v Shaw [2006] NSWCA 165 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 6 June 2006

JUDGMENT DATE: 30 June 2006

JUDGMENT OF: Giles JA at 1; Hodgson JA at 38; Basten JA at 39

DECISION: (1) Appeal allowed; (2) Set aside the declarations and order for costs made on 26 August 2005 and in lieu thereof order that the summons be dismissed; (3) Respondent pay appellants' costs of the trial and the appeal and have a certificate under the Suitors Fund Act if otherwise qualified.

CATCHWORDS: Police Integrity Commission - investigation of police misconduct - police blood sample ended up in respondent's possession - conduct of public hearing - reporting to Parliament in relation to matters as to which public hearing conducted - proceedings for declaratory relief - whether Commission had eliminated police misconduct - whether could report that respondent had engaged in misconduct - construction of Police Integrity Commission Act 1996 - consideration (by Basten JA) of proper parties to proceedings - and of nature of jurisdictional error and availability of relief.

Independent Commission Against Corruption Act 1988; LEGISLATION CITED: Police Act 1990; Police Integrity Commission Act 1996; Road Transport (Safety and Traffic Management) Act 1999.

Ainsworth v Criminal Justice Commission (1992) 175 CLR 564; Australian Heritage Commission v Mount Isa Mines Ltd (1997) 187 CLR 297; Brown v Rezitis (1970) 127 CLR 157; Greiner v Independent Commission Against Corruption (1992) 28 NSWLR 125; Kerr v Commisioner of Police and Crown Employees Appeal Board [1977] 2 NSWLR 721; Malika Holdings Pty Ltd v Stretton (2001) 204 CLR 290; Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611; CASES CITED: Oshlack v Richmond River Council (1998) 193 CLR 72; Parisienne Basket Shoes Pty Ltd v Whyte (1938) 59 CLR 369; Potter v Minahan (1908) 7 CLR 277; The Queen v Australian Broadcasting Tribunal; Ex parte Hardiman (1980) 144 CLR 13; The Queen v Australian Stevedoring Industry Board; Ex parte Melbourne Stevedoring Co Pty Ltd (1953) 88 CLR 100; The Queen v Federal Court of Australia; Ex parte WA National Football League (1979) 143 CLR 190; R v Connell; Ex parte Hetton Bellbird Collieries Ltd (1944) 69 CLR 407; SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 79 ALJR 1009; Shaw v Police Integrity Commission [2005] NSWSC 782.