Storey v Commissioner of Police (No 4) [2019] NSWIRComm 1087

Industrial Relations Commission New South Wales Medium Neutral Citation: Storey v Commissioner of Police (No 4) [2019] NSWIRComm 1087 Hearing dates: 12 November 2019 Date of orders: 12 November 2019 Decision date: 22 November 2019 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Kite SC, Commissioner Murphy, Commissioner Sloan Decision: Leave to appeal is refused Catchwords: APPEAL – leave to appeal – principles to apply –whether appeal raises substantial issues of principle or law, or issues having any wider application than to the parties themselves – whether decision at first instance misapprehended duties and responsibilities of police officers – whether decision at first instance misapplied s 213 of the Police Act 1990 (NSW) Legislation Cited: Crimes Act 1900 (NSW) s 91HA(6) Crimes Code Act 1995 (Cth) ss 474.21, 474.24 Industrial Relations Act 1996 (NSW) s 188 Police Act 1990 (NSW) s 173(2), Part 9, ss 181E, 181F, 213 Cases Cited: House v The King (1936) 55 CLR 499; [1936] HCA 40 Industrial Relations Secretary v Wattie [2017] NSWIRComm 1007 Linfox v Fair Work Commission (2013) 240 IR 178 Police Association of New South Wales v State of New South Wales [2019] NSWSC 587 Public Service Association and Professional Officers Association Amalgamated Union of New South Wales v Roads and Maritime Services [2015] NSWIRComm 16 Storey v Commissioner of Police (No. 2) [2019] NSWIRComm 1057 Storey v Commissioner of Police (No. 3) [2019] NSWIRComm 1083 Category: Principal judgment Parties: Justin Storey (Appellant)