Commissioner of Police v Industrial Relations Commission of New South Wales [2012] NSWCA 439

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Commissioner of Police v Industrial Relations Commission of New South Wales [2012] NSWCA 439 Hearing dates: 29 October 2012 Decision date: 19 December 2012 Before: Beazley JA at [1]; Hoeben JA at [107]; Tobias AJA at [108] Decision: The application for judicial review dismissed with costs. [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 - Jurisdiction - Whether Industrial Relations Commission had jurisdiction under the Industrial Relations Act 1996, s 89(1) to order reinstatement of a worker who is permanently unfit for work in NSW Police Force - Whether order made for collateral purpose.

STATUTORY CONSTRUCTION - Principle that words bear the same meaning throughout statute - Police Act 1990.

WORDS & PHRASES - "position", "reinstatement". Legislation Cited: Crimes Act 1900 Industrial Relations Act 1996 Police Act 1990 Police Regulation 2008 Workplace Relations Act 1996 (Cth) Cases Cited: Australasian Meat Industry Employees Union v Sunland Enterprises Pty Limited (1988) 25 IR 137 Blackadder v Ramsey Butchering Services Pty Ltd [2005] HCA 22; 221 CLR 539 Director General, New South Wales Department of Health v Industrial Relations Commission of New South Wales [2010] NSWCA 47; 77 NSWLR 159 Ramsey Butchering Services Pty Limited v Blackadder [2003] FCAFC 20; 127 FCR 381 Re Ranger Uranium Mines Pty Ltd; Ex parte Federated Miscellaneous Workers' Union of Australia [1987] HCA 63; 163 CLR 656 Retail Traders Association of NSW v Shop, Distributive & Allied Employees Association of NSW (1990) 36 IR 38 Category: Principal judgment Parties: Commissioner of Police (Applicant) Industrial Relations Commission of New South Wales (First Respondent) Jamie Ross (Second Respondent) Representation: Counsel: M Kimber SC; P Skinner (Applicant) B Dooley SC; T Edwards (Second Respondent) Solicitors: McCabe Terrill Lawyers (Applicant) Submitting appearance (Crown Solicitor) (First Respondent) Harris Wheeler Lawyers (Second Respondent) File Number(s): CA 2012/157603 Publication restriction: No Decision under appeal Citation: Commissioner of Police v Ross [2012] NSWIRComm 17 Date of Decision: 2012-03-29 00:00:00 Before: Boland J, President, Walton J, Vice-President, Backman J File Number(s): IRC 1536 or 2011