Jamal v Commissioner of Police (NSW) [2017] NSWCA 7

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Jamal v Commissioner of Police (NSW) [2017] NSWCA 7 Hearing dates: 1 February 2017 Decision date: 01 February 2017 Before: Basten JA at [1] and [25]; Payne JA at [22] Decision: (1) Leave to appeal refused.

(2) The applicant to pay the respondent's costs of the application for leave. Catchwords: APPEAL – application for leave to appeal – refusal of application for judicial review of decisions of NCAT – refusal of adjournment by NCAT – refusal of leave to proceed with complaint of discrimination referred at request of applicant – whether arguable case of procedural unfairness or other error of law

JUDICIAL REVIEW – whether Tribunal properly constituted by qualified member – whether application engaged a "substantive Division function" – whether bias – whether reasons adequate – whether challenges to fact-finding available

PROCEDURE – failure to supply written statement of reasons within time specified – whether decision rendered invalid – failure to name correct party as respondent in Tribunal – failure to record decisions clearly in Tribunal records Legislation Cited: Administrative Decisions Review Act 1997 (NSW), s 9 Anti-Discrimination Act 1977 (NSW), ss 92, 93A, 96 Civil and Administrative Tribunal Act 2013 (NSW), ss 61, 62; Sch 3, Pt 4, cl 4 Cases Cited: Jamal v Commissioner of Police (NSW) [2016] NSWCA 345 Category: Principal judgment Parties: Jon Jamal (Applicant) NSW Police Commissioner (First Respondent) Christopher Stiles (Second Respondent) J W Box (Third Respondent) Representation: Counsel: Applicant self-represented Ms E Raper (Respondents)