Altaranesi v Industrial Relations Commission of New South Wales

[2011] NSWCA 351

NSW Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Prerogative writs
3. › Privative clause
4. › Effect of [name withheld] v Industrial Court of NSW
5. › Whether privative clause effective to exclude power to grant prerogative relief on basis of error of law on the face of the record
6. › Industrial Relations Act 1996 (NSW), s 179
1. Administrative Law
2. › Jurisdictional error
3. › Full Bench of Industrial Relations Commission
4. › Whether invoking wrong source of power
5. › Whether factual error concerning presence of interpreter was jurisdictional error
6. › Whether refusal to grant leave to appeal was jurisdictional error
7. › Industrial Relations Act 1996 (NSW), ss 187, 188
1. Administrative Law
2. › Unreasonableness
3. › Wednesbury unreasonableness
4. › Whether refusal to hold settlement documents inadequate was unreasonable
5. › Whether Commissioner's remarks about reinstatement were unreasonable
1. Administrative Law
2. › Natural justice
3. › Bias
4. › Whether Commissioner's conduct during conciliation demonstrated bias

Quick Take

Section 179 of the Industrial Relations Act 1996 (NSW), following [name withheld], is effective to prevent certiorari for non-jurisdictional error of law on the face of the record of the Industrial Relations Commission, but not for jurisdictional error. The Commission has power under ss 86 and 87(2) to revert to conciliation after arbitration has commenced, and a Practice Note cannot limit this statutory duty. UCPR Part 20 does not apply to the Industrial Relations Commission when constituted otherwise than as the Industrial Court. A factual error by the Full Bench (such as an incorrect finding about the presence of an interpreter) will not constitute jurisdictional error where the error was not material to the decision and the underlying finding was open on the evidence.