Daniel Skelly and Commissioner of Police (No 2) [2009] NSWIRComm 119

Daniel Skelly and Commissioner of Police (No 2) [2009] NSWIRComm 119

The proposed transfer of Sergeant Skelly arose directly from a disciplinary investigation and sustained findings of misconduct, making it a disciplinary transfer under section 173(1) of the Police Act 1990, and thus reviewable action. The Commission has jurisdiction to review the order; notice of motion to dismiss for want of jurisdiction is refused.

Jurisdiction
Australia
Judgment Date
31 July 2009
Procedural Posture
Application for Review of Order Under Section 174 Police Act 1990 / Decision on Notice of Motion Seeking Dismissal for Want of Jurisdiction
Outcome
notice of motion dismissed
Legal Topics
['statutory Construction' 'police Discipline' 'jurisdiction' 'reviewable and Non Reviewable Actions' 'punitive Vs Rehabilitative Transfer']
['industrial Relations' 'administrative Law'] ['statutory Construction' 'police Discipline' 'jurisdiction' 'reviewable and Non Reviewable Actions' 'punitive Vs Rehabilitative Transfer']

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Procedural Posture

Application for Review of Order Under Section 174 Police Act 1990 / Decision on Notice of Motion Seeking Dismissal for Want of Jurisdiction

Legal Issues

  1. 1 ['Whether the proposed transfer of police sergeant is a non-disciplinary or disciplinary transfer under the Police Act 1990' 'Whether the transfer constitutes reviewable or non-reviewable action' 'Whether the Commission has jurisdiction to review the transfer order']

Ratio Decidendi

The proposed transfer of Sergeant Skelly arose directly from a disciplinary investigation and sustained findings of misconduct, making it a disciplinary transfer under section 173(1) of the Police Act 1990, and thus reviewable action. The Commission has jurisdiction to review the order; notice of motion to dismiss for want of jurisdiction is refused.

Court Disposition

notice of motion dismissed

Orders

  • ['Commission finds proposed transfer is disciplinary and reviewable action under s 173(2)(d) Police Act 1990' 'Commission has jurisdiction to review the order' 'Matter listed for further programming of the substantive application']