Jennifer Shand v Secretary of the Department of Transport [2018] NSWIRComm 1055

Industrial Relations Commission New South Wales Medium Neutral Citation: Jennifer Shand v Secretary of the Department of Transport [2018] NSWIRComm 1055 Hearing dates: 27 August 2018 Date of orders: 21 September 2018 Decision date: 21 September 2018 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: The application for relief from victimisation pursuant to s 213 of the Industrial Relations Act 1996 (NSW) is dismissed Catchwords: APPLICATION FOR RELIEF FROM VICTIMISATION – whether jury duty a "public or political activity" for purposes of s 210(1)(h) – principles of statutory construction – review of history of provision – jury duty not a public activity for purposes of section – no jurisdiction – application dismissed

PRACTICE AND PROCEDURE – summary dismissal of proceedings – principles to apply – where court or tribunal has no jurisdiction, test for summary dismissal satisfied Legislation Cited: Courts Legislation Amendment Act 1998 (NSW) Dangerous Goods (Road and Rail Transport) Act 2008 (NSW) Electricity Supply Amendment (Greenhouse Gas Emission Reduction) Act 2002 (NSW) Industrial Arbitration Act 1944 (NSW) Industrial Relations Act 1991 (NSW) Industrial Relations Act 1996 (NSW) Jury Act 1977 (NSW) Occupational Health and Safety Act 2000 (NSW) Protection of the Environment Operations Act 1997 (NSW) Rail Safety Act 2002 (NSW) Rail Safety Act 2008 (NSW) Rail Safety (Adoption of National Law) Act 2012 (NSW) Statute Law (Miscellaneous Provisions) Act (No. 2) 2012 (NSW) Transport Legislation Amendment (Safety and Reliability) Act 2003 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Work Health & Safety Legislation Amendment Act 2011 (NSW) Cases Cited: Certain Lloyd's Underwriters Subscribing to Contract No IH00AAQS v Cross [2012] HCA 56 General Steel Industries Inc v Commissioner for Railways (1964) 112 CLR 124 Independent Commission Against Corruption v Cunneen (2015) 256 CLR 1; [2015] HCA 14 Unuafe v Commissioner of Police [2015] NSWIRComm 1007 Category: Procedural and other rulings Parties: Jennifer Shand (Applicant)