Dempster v Comrie [2000] FCA 253

Dempster v Comrie [2000] FCA 253

Section 5(1)(b) of the Commonwealth Powers (Industrial Relations) Act 1996 (Vic) limits each matter referred by s 4, including the freedom of association matter in s 4(6). Matters pertaining to the transfer of law enforcement officers were therefore not referred to the Commonwealth Parliament. Because the appellant was a law enforcement officer and the impugned conduct was treated as a transfer, Part XA of the Workplace Relations Act 1996 (Cth) did not apply to that conduct in Victoria and the primary judge was correct to dismiss the application for want of jurisdiction. The appeal nevertheless should not be permanently stayed because the penalty claim and construction issue meant the...

Jurisdiction
Australia
Judgment Date
15 March 2000
Procedural Posture
Industrial Law Appeal Concerning Jurisdiction Under Part XA of the Workplace Relations Act 1996 (cth) / Appeal From a Single Judge of the Federal Court of Australia; Respondents Also Sought a Permanent Stay of the Appeal
Outcome
Application to stay the appeal dismissed; appeal dismissed.
Legal Topics
['freedom of Association' 'referral of State Legislative Powers to the Commonwealth Under S 51(xxxvii)' 'jurisdiction Under Part XA of the Workplace Relations Act 1996 (cth)' 'transfer of Law Enforcement Officers' 'permanent Stay of Appeal']
['industrial Law' 'constitutional Law' 'practice and Procedure'] ['freedom of Association' 'referral of State Legislative Powers to the Commonwealth Under S 51(xxxvii)' 'jurisdiction Under Part XA of the Workplace Relations Act 1996 (cth)' 'transfer of Law Enforcement Officers' 'permanent Stay of Appeal']

Case Brief

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Procedural Posture

Industrial Law Appeal Concerning Jurisdiction Under Part XA of the Workplace Relations Act 1996 (cth) / Appeal From a Single Judge of the Federal Court of Australia; Respondents Also Sought a Permanent Stay of the Appeal

Legal Issues

  1. 1 ['Whether the Commonwealth Parliament had received from Victoria power to legislate under Part XA of the Workplace Relations Act 1996 (Cth) in respect of transfers of Victorian police officers.' 'Whether s 5(1)(b) of the Commonwealth Powers (Industrial Relations) Act 1996 (Vic) excluded matters pertaining to the transfer of law enforcement officers from the freedom of association referral in s 4(6).' "Whether the appeal should be permanently stayed because expiry of the appellant's temporary assignment meant the appeal could not affect the transfer."]

Ratio Decidendi

Section 5(1)(b) of the Commonwealth Powers (Industrial Relations) Act 1996 (Vic) limits each matter referred by s 4, including the freedom of association matter in s 4(6). Matters pertaining to the transfer of law enforcement officers were therefore not referred to the Commonwealth Parliament. Because the appellant was a law enforcement officer and the impugned conduct was treated as a transfer, Part XA of the Workplace Relations Act 1996 (Cth) did not apply to that conduct in Victoria and the primary judge was correct to dismiss the application for want of jurisdiction. The appeal nevertheless should not be permanently stayed because the penalty claim and construction issue meant the...

Court Disposition

Application to stay the appeal dismissed; appeal dismissed.

Orders

  • ['The application to stay the appeal be dismissed.' 'The appeal be dismissed.']