Police Federation of Australia v Nixon [2008] FCA 467

Police Federation of Australia v Nixon [2008] FCA 467

The resumption of the disciplinary investigation against Mullett pursuant to the Police Regulation Act 1958 (Vic) is capable of constituting an injury to his employment for prohibited reasons, given the prominent industrial relations context and absence of evidence negating such reasons. The reverse onus presumption under Workplace Relations Act s 809(1) is not available at the interlocutory stage, but may be considered in assessing likelihood of success at trial. The balance of convenience requires interlocutory relief restraining directions under s 86Q to Mullett, but not halting other aspects of the investigation.

Parties
First Applicant: Police Federation of Australia; Second Applicant: The Police Association; First Respondent: Christine Nixon; Second Respondent: State of Victoria
Jurisdiction
Australia
Judgment Date
18 April 2008
Procedural Posture
Interlocutory Motion for Injunction / Interlocutory/injunction Pending Final Hearing
Outcome
Interlocutory injunction granted in part—respondents restrained from directing Senior Sergeant Paul Mullett under s 86Q regarding 'Bullying Allegations' until hearing or further order.
Legal Topics
Interlocutory Injunctions, Workplace Relations, Industrial Association Discrimination, Police Disciplinary Proceedings, Workplace Bullying
Industrial Law Employment Law Interlocutory Injunctions Workplace Relations Industrial Association Discrimination Police Disciplinary Proceedings Workplace Bullying

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Parties

Police Federation of Australia

First Applicant

The Police Association

Second Applicant

Christine Nixon

First Respondent

State of Victoria

Second Respondent

Procedural Posture

Interlocutory Motion for Injunction / Interlocutory/injunction Pending Final Hearing

Legal Issues

  1. 1 Whether the resumption of disciplinary investigation into workplace bullying allegations against Senior Sergeant Paul Mullett constitutes an injury or alteration to his position to his prejudice in employment within meaning of s 792(1) of Workplace Relations Act 1996
  2. 2 Whether the investigation was resumed for a prohibited reason or reasons including a prohibited reason under s 793(1) of Workplace Relations Act 1996
  3. 3 Whether s 809(1) reverse onus provision applies to an interlocutory injunction

Ratio Decidendi

The resumption of the disciplinary investigation against Mullett pursuant to the Police Regulation Act 1958 (Vic) is capable of constituting an injury to his employment for prohibited reasons, given the prominent industrial relations context and absence of evidence negating such reasons. The reverse onus presumption under Workplace Relations Act s 809(1) is not available at the interlocutory stage, but may be considered in assessing likelihood of success at trial. The balance of convenience requires interlocutory relief restraining directions under s 86Q to Mullett, but not halting other aspects of the investigation.

Court Disposition

Interlocutory injunction granted in part—respondents restrained from directing Senior Sergeant Paul Mullett under s 86Q regarding 'Bullying Allegations' until hearing or further order.

Orders

  • Respondents restrained from directing Senior Sergeant Paul Mullett pursuant to s 86Q Police Regulation Act 1958 (Vic) to furnish information, produce documents, or answer questions regarding 'Bullying Allegations' until hearing or further order.
  • Liberty to apply reserved on not less than 48 hours notice in writing.