Basan v Commissioner of Police [2020] NSWIRComm 1037

Industrial Relations Commission New South Wales Medium Neutral Citation: Basan v Commissioner of Police [2020] NSWIRComm 1037 Hearing dates: Application determined on the papers Decision date: 18 May 2020 Jurisdiction: Industrial Relations Commission Before: Commissioner Murphy on delegation from Full Bench Decision: Application by the Police Association of New South Wales for leave to intervene in the proceedings is granted Catchwords: APPLICATION FOR RELIEF FROM VICTIMISATION – motion by respondent to dismiss or set aside application – victimisation claim out of time – applicant not an 'employee' to whom ss. 210 and 213 apply – implied repeal/exclusive code – application by Police Association for leave to intervene granted Legislation Cited: Industrial Relations Act 1996 (NSW) Police Act 1990 (NSW) Cases Cited: NSW Commissioner of Police v Cottle [2019] NSWSC 1588 Re Laundry Employees (State) Award (No 2) [1993] 49 IR 91 Category: Procedural and other rulings Parties: John Basan (Applicant)

Commissioner of Police (Respondent)

Police Association of New South Wales (Intervener) Representation: The Applicant represented himself

Mr M Seck of counsel (Respondent)

Mr M Gibian SC (Intervener) File Number(s): 2020/00007514

DECISION 1. The matter before the Commission as presently constituted, on delegation from the Full Bench (Chief Commissioner Constant, Commissioner Murphy, Commissioner Sloan), is an application by the Police Association of New South Wales (Police Association) for leave to intervene in the substantive proceedings being a motion by the Commissioner of Police (respondent) to dismiss or otherwise set aside the Application for Relief from Victimisation filed by John Basan (applicant) on 6 January 2020 (victimisation application). 2. The intervention application by the Police Association is consented to by the applicant. The respondent neither consents to nor opposes the intervention application.