Davie v Industrial Relations Secretary (Department of Justice, Corrective Services NSW) [2019] NSWIRComm 1012

Industrial Relations Commission New South Wales Medium Neutral Citation: Davie v Industrial Relations Secretary (Department of Justice, Corrective Services NSW) [2019] NSWIRComm 1012 Hearing dates: 27 November 2018 Date of orders: 20 February 2019 Decision date: 20 February 2019 Jurisdiction: Industrial Relations Commission Before: Murphy C Decision: (1) The application by Stuart Davie for orders under section 213 of the Industrial Relations Act 1996 is dismissed on the basis that the Commission does not have jurisdiction to make such orders.

(2) These proceedings are terminated. Catchwords: VICTIMISATION – application for orders by dismissed Public Service senior executive – reinstate or re-employ – pay compensation – jurisdictional objection – implied repeal of power to make orders sought – privative provision – express displacement – application dismissed due to lack of jurisdiction Legislation Cited: Anti-Discrimination Act 1977 Government Sector Employment Act 2013 Government and Related Employees Appeal Tribunal Act 1980 Industrial Arbitration Act 1940 Industrial Relations Act 1996 Local Government Act 1993 Police Act 1990 Public Sector Management Act 1988 Public Sector Employment and Management 2002 Teaching Service Act 1980 Government Sector Employment Regulation 2014 Cases Cited: Clark and Doherty v The State of New South Wales [2002] NSWIRComm 274 Commissioner of Police v Eaton [2013] 252 CLR 1 Commissioner of Police (NSW) v Jarratt (2003) 59 NSWLR 87 Custovic v New South Wales (Department of Family and Community Services - Housing NSW) [2014] 247 IR 414 Jarratt v Commissioner of Police for NSW & Anor (2002) 56 NSWLR 72 Jarratt v Commissioner of Police [2005] 224 CLR 44 Jozef Banas v State of New South Wales [2003] NSWIRComm 317 Kocic v Commissioner of Police, NSW Police Force [2014] NSWCA 368 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Director of Public Employment [2011] NSWIRComm 152 Rose v Hvric [1963] 108 CLR 353 State of New South Wales v Banas [2004] NSWIRComm 255 Sydney City Council v Reid [1994] 34 NSWLR 506 The South-Eastern Drainage Board (South Australia) Defendant , Appellant; and The Savings Bank of South Australia Plaintiff, Respondent [1939] 62 CLR 603 Category: Principal judgment Parties: Stuart Davie (Applicant) Industrial Relations Secretary (Department of Justice, Corrective Services NSW) (Respondent) Representation: Counsel: Mr M Gibian SC (Applicant) Mr M Easton (Respondent)