Unuafe v Commissioner of Police [2015] NSWIRComm 1007

Industrial Relations Commission New South Wales Medium Neutral Citation: Unuafe v Commissioner of Police [2015] NSWIRComm 1007 Hearing dates: 23 April 2015 Decision date: 04 May 2015 Jurisdiction: Industrial Court of NSW Before: Newall C Decision: Application dismissed Catchwords: Workers Compensation Act – worker dismissed – probationary police constable – dismissal pursuant to s.80(3) of Police Act 1990 - application for reinstatement – whether probationary constable dismissed pursuant to s.80(3) eligible to make application for reinstatement under Workers Compensation Act – reason for dismissal a threshold jurisdictional issue – commissioner not obliged to give reasons for dismissal pursuant to s.80(3) – analogous with reasoning in Commissioner for Police v Eaton – whether presumption of reason renders matter different to consideration in Eaton – statutory ability to dismiss without reason has effect that Part 8 of Workers Compensation Act does not apply – applicant ineligible to make application – application dismissed.

Summary dismissal of proceedings – principles to apply – where court or tribunal has no jurisdiction, test for summary dismissal satisfied. Legislation Cited: Industrial Relations Act 1996 s.84 Police Act 1990 s.80(3) Workers Compensation Act 1987 ss.241, 242, 244 Uniform Civil Procedure Rules part 14 r 28 Cases Cited: ADCO Constructions v Goudappel [2014] HCA 18 Agar v Hyde [2000] HCA 41; 201 CLR 552 Commissioner of Police for NSW v Eaton (2013) 252 CLR 1 Bindaree Beef Pty Ltd v Riley [2013] NSWCA 305 General Steel Industries Inc v Commissioner for Railways (1964) 112 CLR 125 Hitchcock v Pratt [2010] NSWSC 1508; 79 NSWLR 687 Hopkins v Governor-General of Australia [2013] NSWSC 1068 Robson v GWA Group Limited [2015] NSWIRComm 9 Category: Principal judgment Parties: Prince Daniel Unuafe – applicant Commissioner of Police – respondent Representation: Counsel: Mr S Benson (Respondent)