Singh v Legal Aid New South Wales [2014] NSWIRComm 1016

Industrial Relations Commission New South Wales Medium Neutral Citation: Singh v Legal Aid New South Wales [2014] NSWIRComm 1016 Hearing dates: 3 June 2014 Decision date: 20 June 2014 Jurisdiction: Industrial Relations Commission Before: Newall C Decision: Appeal dismissed Catchwords: Public sector disciplinary appeal - jurisdiction - appeal required to be filed within 21 days of decision - s.100B(2) of Industrial Relations Act 1996 - statutory construction - whether implied power to extend time - held, no power to extend time - notification of decision sent to appellant by email - when notification received - effect of s.13 Electronic Transactions Act 2000 - notification received on day it was sent - appeal out of time - appeal dismissed Legislation Cited: Electronic Transactions Act 2000 ss 8, 13 Government and Related Employees Appeal Tribunal Act 1980 s 29 Industrial Relations Act 1996 ss 98, 100B(2), 163(1)(c) Cases Cited: Austar Finance v Campbell [2007] NSWSC 1493 Bull v Attorney-General for New South Wales (1913) 17 CLR 370 Certain Lloyd's Underwriters and Underwriters Subscribing to Contract No IHOOAAQS v Cross (2012) 293 ALR 412 Kanta v NSW Police [2011] NSWIRComm 1022 Kirk v Industrial Court (NSW) [2010] HCA 1; (2010) 239 CLR 531 Public Service Association of South Australia v Federated Clerks' Union of Australia (SA Branch) (1991) 173 CLR 132 Secretary of Department of Health (NSW) v Harvey (1990) 34 IR 58 Singh v NSW Police [2011] NSWIRComm 1047 Category: Procedural and other rulings Parties: Mr Andrew Moti Singh - applicant Legal Aid NSW - respondent Representation: Mr Andrew Moti Singh - applicant in person M J Easton, counsel - respondent File Number(s): IRC 834 of 2013