Director General, New South Wales Department of Health v Industrial Relations Commission of New South Wales [2010] NSWCA 47

New South Wales Court of Appeal

CITATION: Director General, New South Wales Department of Health v Industrial Relations Commission of New South Wales [2010] NSWCA 47

HEARING DATE(S): 15 December 2009

JUDGMENT DATE: 22 March 2010

JUDGMENT OF: Spigelman CJ at 1; Tobias JA at 26; Handley AJA at 27

1 An order that the record of the Full Bench of the Industrial Relations Commission of New South Wales in Matter No IRC 2428 of 2008 be brought up to this Honourable Court. DECISION: 2 An order in the nature of certiorari that Order 4 of the Full Bench of the Industrial Relations Commission of New South Wales of 2 July 2009 in the said proceedings be quashed. 3 An order that the matter be remitted to the first defendant to be decided according to law and in conformity with the decision of this Court.

CATCHWORDS: ADMINISTRATIVE LAW – judicial review – jurisdictional error – error on the face of the record – s 89 of the Industrial Relations Act 1996 – power of the Commission to order re-employment – power of the Commission to order a person to resign

LEGISLATION CITED: Industrial Relations Act 1996

Blackadder v Ramsey Butchering Services Pty Ltd [2005] HCA 22; (2005) 221 CLR 539 CASES CITED: Craig v South Australia [1995] HCA 58; (1995) 184 CLR 163 Kirk v Industrial Relations Commission (NSW) [2010] HCA 1; (2010) 84 ALJR 154 R v Hickman; Ex parte Fox (1945) 70 CLR 598

The Crown in the right of the State of New South Wales (Director General, New South Wales Department of Health) (Applicant) PARTIES: Industrial Relations Commission of New South Wales (First Respondent) Carlos Casari (Second Respondent)