Storey v Commissioner of the New South Wales Police Force (No 2) [2020] NSWSC 1429

Storey v Commissioner of the New South Wales Police Force (No 2) [2020] NSWSC 1429

Section 213 of the Police Act does not preclude the Commissioner's removal order unless the acts in question were done in good faith and in exercise of police functions, which factual findings did not establish; there was no jurisdictional error or denial of procedural fairness in any of the challenged decisions; the removal order and subsequent reviews were lawfully made.

Parties
Plaintiff: Justin Storey; First Defendant: Commissioner of the New South Wales Police Force; Second Defendant: Industrial Relations Commission of New South Wales
Jurisdiction
Australia
Judgment Date
16 October 2020
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application dismissed
Legal Topics
Judicial Review, Police Disciplinary Proceedings, Removal of Police Officer, Procedural Fairness, Jurisdictional Error, Application of S 213 Police Act 1990 (nsw)
Administrative Law Employment Law Judicial Review Police Disciplinary Proceedings Removal of Police Officer Procedural Fairness Jurisdictional Error Application of S 213 Police Act 1990 (nsw)

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Parties

Justin Storey

Plaintiff

Commissioner of the New South Wales Police Force

First Defendant

Industrial Relations Commission of New South Wales

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether s 213 of the Police Act 1990 (NSW) precluded the making of a removal order by the Commissioner of Police
  2. 2 Whether there was error of law on the face of the record or jurisdictional error by the Commissioner of Police, the Industrial Relations Commission, or its Full Bench
  3. 3 Whether the applicant's removal was harsh, unreasonable or unjust under s 181F of the Police Act

Ratio Decidendi

Section 213 of the Police Act does not preclude the Commissioner's removal order unless the acts in question were done in good faith and in exercise of police functions, which factual findings did not establish; there was no jurisdictional error or denial of procedural fairness in any of the challenged decisions; the removal order and subsequent reviews were lawfully made.

Court Disposition

Application dismissed

Orders

  • The time for commencing these proceedings is extended to 26 February 2020.
  • The plaintiff's notice of motion filed on 2 September 2020 is dismissed.