QQ v NSW Ombudsman [2012] NSWADT 109

QQ v NSW Ombudsman [2012] NSWADT 109

The Ombudsman's review was not a matter of internal administration but concerned the substantive external exercise of powers under Part 8A of the Police Act 1990. Although the review was conducted under an internal policy, its sole subject matter was whether the Ombudsman's functions under Part 8A should be revisited or re-exercised. It was therefore an integral part of the very thing authorised or required by the Police Act 1990. Ombudsman Act 1974, s 35A applied, and because QQ had not obtained leave of the Supreme Court, the Tribunal had no jurisdiction to entertain the application for leave to proceed.

Jurisdiction
Australia
Judgment Date
05 June 2012
Procedural Posture
Complaint of Disability Discrimination in the Provision of Services; Application for Leave to Proceed / On the Papers; Threshold Jurisdiction Issue Before Determining Leave Under Anti Discrimination Act 1977, S 96
Outcome
The Tribunal had no jurisdiction to entertain QQ's application for leave to proceed.
Legal Topics
['disability Discrimination' 'jurisdiction' 'ombudsman Immunity' 'civil Proceedings Against Ombudsman' 'police Complaints Oversight']
['administrative Law' 'anti Discrimination Law'] ['disability Discrimination' 'jurisdiction' 'ombudsman Immunity' 'civil Proceedings Against Ombudsman' 'police Complaints Oversight']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Complaint of Disability Discrimination in the Provision of Services; Application for Leave to Proceed / On the Papers; Threshold Jurisdiction Issue Before Determining Leave Under Anti Discrimination Act 1977, S 96

Legal Issues

  1. 1 ["Whether the Tribunal had jurisdiction to entertain QQ's complaint of disability discrimination against the Ombudsman." "Whether the Ombudsman's review of his earlier decision and decision to take no further action was an act done for the purpose of executing the Police Act 1990 within Ombudsman Act 1974, s 35A." 'Whether leave of the Supreme Court was required before the proceedings could be brought.']

Ratio Decidendi

The Ombudsman's review was not a matter of internal administration but concerned the substantive external exercise of powers under Part 8A of the Police Act 1990. Although the review was conducted under an internal policy, its sole subject matter was whether the Ombudsman's functions under Part 8A should be revisited or re-exercised. It was therefore an integral part of the very thing authorised or required by the Police Act 1990. Ombudsman Act 1974, s 35A applied, and because QQ had not obtained leave of the Supreme Court, the Tribunal had no jurisdiction to entertain the application for leave to proceed.

Court Disposition

The Tribunal had no jurisdiction to entertain QQ's application for leave to proceed.

Orders

  • ["The Tribunal has no jurisdiction to entertain QQ's application for leave to proceed."]