Summersford v Commissioner of Police [2017] NSWSC 1341

Supreme Court New South Wales

Medium Neutral Citation: Summersford v Commissioner of Police [2017] NSWSC 1341 Hearing dates: 12 and 13 September 2017 Decision date: 04 October 2017 Jurisdiction: Common Law Before: Adamson J Decision: (1) Extend the time pursuant to Uniform Civil Procedure Rules 2005 (NSW), r 59.10(2) within which the plaintiff is to file the summons to 17 November 2016.

(2) Dismiss the summons.

(3) Order the plaintiff to pay the defendant's costs of the proceedings. Catchwords: ADMINISTRATIVE LAW – whether procedural fairness excluded by Police Act 1990 (NSW) for non-reviewable action against police officer – content of procedural fairness – identity of those providing incriminating evidence protected by s 169A of Police Act – sufficient to put gist of allegations to the police officer and invite response

STATUTORY INTERPRETATION – meaning of word "complainant" in Police Act – extends to any person who provides written document to senior police officer concerning adverse conduct of a police officers – importance of preferring interpretation that would enhance purpose of provision – strong legislative intention to prevent reprisals Legislation Cited: Anti-Discrimination Act 1977 (NSW), s 22A Government Information (Public Access) Act 2009 (NSW) Interpretation Act 1987 (NSW), ss 33, 34, 43 Migration Act 1958 (Cth) Police Act 1990 (NSW), ss 7, 8, 31, 122, 124, 126, 127, 139, 141, 142, 143, 145, 150, 151,152, 169A, 173, 174, 201, 206, 219, Pts 2, 4, 8A, 9 Police Regulation 2008 (NSW), cl 53 Police Regulation 2015 (NSW), cl 54 Police Service Amendment (Complaints and Management Reform) Act 1998 (NSW) Uniform Civil Procedure Rules 2005 (NSW), r 59.10 Cases Cited: Applicant VEAL of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 225 CLR 88; [2005] HCA 72 Chief Commissioner of Police v Nikolic [2016] VSCA 248; (2016) 338 ALR 683 Coco v The Queen (1994) 179 CLR 427; [1994] HCA 15 Gondarra v Minister for Families, Housing, Community Services and Indigenous Affairs (2014) 220 FCR 202; [2014] FCA 25 Hill v Green (1999) 48 NSWLR 161; [1999] NSWCA 477 Kelson v Forward (1995) 60 FCR 39 Kioa v West (1985) 159 CLR 550; [1985] HCA 81 Minister for Immigration and Citizenship v Kumar (2009) 238 CLR 448; [2009] HCA 10 Minister for Immigration and Multicultural Affairs; ex parte Miah (2001) 206 CLR 57; [2001] HCA 22 Obeid v Ipp [2016] NSWSC 1376; (2016) 338 ALR 234 Plaintiff S10/2011 v Minister for Immigration and Citizenship (2012) 246 CLR 636; [2012] HCA 31 Re Minister for Immigration and Multicultural and Indigenous Affairs: Ex Parte Lam (2003) 214 CLR 1; [2003] HCA 6 Saeed v Minister for Immigration and Citizenship (2010) 241 CLR 252; [2010] HCA 23 Shields v Overland (2009) 26 VR 303 Texts Cited: New South Wales Legislative Assembly, Parliamentary Debates (Hansard), 21 October 1998 Category: Principal judgment Parties: Shane Stephen Summersford (Plaintiff) Commissioner of Police, New South Wales Police Force (Defendant) Representation: Counsel: C Birch SC/P Madden (Plaintiff) M Seck (Defendant)