Cottle v NSW Commissioner of Police; Police Association of New South Wales v Commissioner of Police (NSW Police Force)

(2020) 109 NSWLR 584; [2020] NSWCA 159

NSW Court of Appeal

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Interrogate

Catchwords

1. Courts and Tribunals
2. › Industrial Relations Commission
3. › Jurisdiction
4. › Whether IRC has jurisdiction to review decision to dismiss police officer pursuant to s 72A of Police Act 1990 (NSW)
5. › Whether matter governed by decision in Commissioner of Police for New South Wales v Eaton (2013) 252 CLR 1
6. › Industrial Relations Act 1996 (NSW), s 84(1)
7. › Police Act 1990 (NSW), s 72A
1. Police
2. › Non-probationary officer
3. › Medical retirement
4. › Officer caused to be retired pursuant to s 72A of Police Act 1990 (NSW)
5. › Whether officer entitled to seek review of decision pursuant to s 84(1) of Industrial Relations Act 1996 (NSW)
1. Statutory Interpretation
2. › Construction of Police Act 1990 (NSW) and Industrial Relations Act 1996 (NSW)
3. › Interaction between general and specific statutes
4. › Whether review of decision under s 72A of Police Act 1990 (NSW) amenable to review by IRC under s 84(1) of Industrial Relations Act 1996 (NSW)
5. › Whether s 218 of Police Act 1990 (NSW) read down by implication
6. › Police Act 1990 (NSW), ss 72A, 80(3), 181D, 218
7. › Industrial Relations Act 1996 (NSW), ss 83, 84, 89

Quick Take

Police officers medically retired under s 72A (now s 94B) of the Police Act 1990 (NSW) may bring unfair dismissal claims under s 84(1) of the Industrial Relations Act 1996 (NSW); the Eaton decision does not preclude such claims.