Dempster v Comrie [1999] FCA 955

Dempster v Comrie [1999] FCA 955

The Federal Court does not have jurisdiction under Part XA of the Workplace Relations Act 1996 (Cth) to entertain a challenge by a Victorian police officer to a transfer decision, due to the exclusion in s5(1)(b) of the Commonwealth Powers (Industrial Relations) Act 1996 (Vic). However, the applicant's request for interlocutory relief based on possible accrued or associated jurisdiction cannot be dismissed at this stage and will be further considered.

Jurisdiction
Australia
Judgment Date
21 June 1999
Procedural Posture
Application for Interlocutory Relief / Interlocutory – Directions and Reasons for Further Hearing
Outcome
Application for interlocutory relief to be further heard.
Legal Topics
['interlocutory Relief' 'jurisdiction of Federal Court' 'commonwealth State Referral of Powers' 'police Employment Rights' 'freedom of Association' 'accrued/associated Jurisdiction']
['industrial Law' 'administrative Law' 'employment Law' 'federal Jurisdiction'] ['interlocutory Relief' 'jurisdiction of Federal Court' 'commonwealth State Referral of Powers' 'police Employment Rights' 'freedom of Association' 'accrued/associated Jurisdiction']

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Procedural Posture

Application for Interlocutory Relief / Interlocutory – Directions and Reasons for Further Hearing

Legal Issues

  1. 1 ['Whether the Federal Court has jurisdiction under Part XA of the Workplace Relations Act 1996 (Cth) to hear an application concerning transfer of a police officer in Victoria.' 'Whether s5(1)(b) of the Commonwealth Powers (Industrial Relations) Act 1996 (Vic) excludes such jurisdiction for police officers regarding transfer.' "Whether the applicant can rely on the Court's accrued or associated jurisdiction to challenge the transfer decision."]

Ratio Decidendi

The Federal Court does not have jurisdiction under Part XA of the Workplace Relations Act 1996 (Cth) to entertain a challenge by a Victorian police officer to a transfer decision, due to the exclusion in s5(1)(b) of the Commonwealth Powers (Industrial Relations) Act 1996 (Vic). However, the applicant's request for interlocutory relief based on possible accrued or associated jurisdiction cannot be dismissed at this stage and will be further considered.

Court Disposition

Application for interlocutory relief to be further heard.

Orders

  • ['The application of the applicant for interlocutory relief be further heard on 22 June 1999.']