Reid-Frost v Industrial Relations Commission of New South Wales [2013] NSWCA 161

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Reid-Frost v Industrial Relations Commission of New South Wales [2013] NSWCA 161 Hearing dates: 23 April 2013 Decision date: 07 June 2013 Before: McColl JA at [1] Basten JA at [2] Macfarlan JA at [28] Decision: (1) Application granted in part. (2) Order made by the Industrial Relations Commission of New South Wales on 17 February 2011 to dismiss an appeal by Ms Reid-Frost is quashed. (3) Application otherwise dismissed. (4) Order Ms Reid-Frost to pay the Commissioner of Police's costs of the application to this Court. [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 AND INDUSTRIAL LAW - judicial review - police officer removed from Police Force under s 181D Police Act - review by Industrial Relations Commission under s 181E - application for leave to appeal dismissed by Commission Full Bench - privative provisions in s 179 Industrial Relations Act applicable to review by Supreme Court - jurisdictional error required to be but not demonstrated - discretion to refuse prerogative relief on the basis of the applicant's delay

EVIDENCE - s 163 Industrial Relations Act - Commission not bound by rules of evidence when not in Court Session - whether Commission entitled to rely upon findings in earlier decision in same proceedings Legislation Cited: Industrial Relations Act 1996 (NSW) ss 85, 162, 163, 179, 188, 191, 192; Ch 2 Pt 6 Police Act 1990 (NSW) ss 173, 181D, 181E, 181F, 181G, 181K Supreme Court Act 1970 (NSW) s 69 Uniform Civil Procedure Rules 2005 (NSW) r 59.10 Cases Cited: Area Concrete Pumping Pty Ltd v Inspector Barry Childs (WorkCover) [2012] NSWCA 208 Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Australian Broadcasting Tribunal v Bond [1990] HCA 33; 170 CLR 321 Italiano v Carbone [2005] NSWCA 177 Jones v Dunkel [1959] HCA 8; 101 CLR 298 Kirk v Industrial Court of New South Wales [2010] HCA 1; 239 CLR 531 Morgan v Commissioner of Police (NSW) [2011] NSWCA 134; 209 IR 374 Police Service v Morris [1985] HCA 9; (1985) 156 CLR 397 Re Refugee Review Tribunal; Ex parte Aala [2000] HCA 57; 204 CLR 82 Reid-Frost v Commissioner of Police (No 2) [2010] NSWIRComm 86 Reid-Frost v Commissioner of Police [2011] NSWIRComm 3 Waterford v The Commonwealth [1987] HCA 25; 163 CLR 54 Texts Cited: Mark Aronson and Matthew Groves, Judicial Review of Administrative Action, 5th ed (2013) Law Book Co Category: Principal judgment Parties: Alyson Joy Reid-Frost (Applicant) Industrial Relations Commission of New South Wales (First Respondent) Commissioner of Police, New South Wales Police Force (Second Respondent) Representation: Counsel: Self-represented Applicant Submitting Appearance (First Respondent) N L Sharp (Second Respondent) Solicitors: Self-represented Applicant Crown Solicitor's Office (First Respondent) Bartier Perry Lawyers (Second Respondent) File Number(s): CA 2012/74972