Bailey v Commissioner of Police [2014] NSWIRComm 53

Industrial Relations Commission New South Wales Medium Neutral Citation: Bailey v Commissioner of Police [2014] NSWIRComm 53 Hearing dates: 21/07/2014 Decision date: 03 October 2014 Jurisdiction: Industrial Relations Commission Before: Walton J, President Decision: (1) The respondent's notice of motion is granted. (2) The applicant's application under s 181E(1) of the Police Act 1990 is, accordingly, dismissed for want of jurisdiction. (3) Costs are reserved Catchwords: POLICE - interlocutory application- applicant sought review of dismissal from NSW Police Force - notice of motion - whether the Commission has jurisdiction to hear and determine the review - originating process filed outside the statutory time limit - principles of statutory interpretation - statutory time limit is mandatory - discretionary factors relied upon by the applicant are not relevant considerations - Commission does not have the jurisdiction to hear and determine the review Legislation Cited: Firearms Act 1996 Government and Related Employees Appeal Tribunal Act 1980 Industrial Relations Act 1996 Interpretation Act 1987 Motor Accidents Compensation Act 1999 Police Act 1990 Police Regulation 2008 Road Transport (Vehicle Registration) Act 1997 Transport Appeal Boards Act 1980 Weapons Prohibition Act 1998 Weapons Prohibition Regulation 2009 Cases Cited: Australian Co-operative Foods Ltd v SW & JD Reilly & Sons Pty Ltd [2010] NSWIRComm 110 Geoffrey Mark Symons v Blacktown City Council [1999] NSWIRComm 490 Hocine v Minister for Immigration Matkevich v New South Wales Technical and Further Education Commission (1995) 36 NSWLR 718 Patterson v The Public Service Board of NSW [1984] 1 NSWLR 237 Patterson; Secretary of Department of Health (NSW) v Harvey (1990) 34 IR 58 Public Prosecutor v Oie Hee Koi [1968] AC 829 Rail Corporation NSW v Brown [2012] NSWCA 296 Reid-Frost v Industrial Relations Commission of New South Wales Virtue v Department of Education and Training (NSW) (1999) 92 IR 428 Wang v Minister for Immigration (1997) 71 FCR 386 Wentworth Securities Ltd v Jones [1980] AC 74 Texts Cited: D C Pearce and R S Geddes, Statutory Interpretation in Australia (7th ed 2011, LexisNexis Butterworths) Category: Interlocutory applications Parties: J Bailey (Applicant) Commissioner of Police (Respondent) Representation: S B Benson of counsel (Respondent) Crown Solicitor's Office (Respondent) File Number(s): IRC 993 of 2013