Jamie Morgan v Commissioner of Police [2011] NSWCA 134

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Jamie Morgan v Commissioner of Police [2011] NSWCA 134 Hearing dates: 20 April 2011 Decision date: 30 May 2011 Before: Beazley JA at 1, Hodgson JA at 2, Sackville AJA at 3. Decision: 1. Order the removal into the Court of Appeal the record of Proceedings IRC 1861 of 2009 of the Full Bench of the Industrial Relations Commission NSW. 2. Set aside the orders made by the Full Bench of the Industrial Relations Commission NSW on 18 May 2010 insofar as those orders dismiss the appeal. 3. Otherwise dismiss the application. 4. The Applicant pay the Respondent's costs of the application. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: ADMINISTRATIVE LAW - judicial review - jurisdictional error - Police Officer dismissed by the Commissioner of Police - whether the primary Judge was correct in not applying s 308H Crimes Act 1900 to applicant's access of COPS system - whether documentary evidence of applicant's access to COPS system was relevant for other reasons not considered by the primary Judge - whether evidence was incorrectly admitted of a record of interview between the applicant and an investigating officer (Inspector Nicholson)

ADMINISTRATIVE LAW - judicial review - jurisdictional error - whether failure to consider all grounds of appeal is a jurisdictional error - whether the Full Bench of IRC was incorrect to dismiss the appeal Legislation Cited: Crimes Act 1900 (NSW) Industrial Relations Act 1996 (NSW) Police Act 1990 (NSW) Supreme Court Act 1970 (NSW)