Jarratt v Commissioner of Police for New South Wales

Police – Tenure - Dismissal from office - Applicant was Deputy Commissioner of Police and a member of the senior executive service under Part 5 of the Police Act 1990 (NSW) ("the Act") - Commissioner of Police recommended to Governor that the applicant be dismissed from office pursuant to the Act - Governor dismissed applicant - Applicant afforded no hearing - Whether dismissal from office invalid as breaching requirements of natural justice.

Constitutional law – Prerogatives of the Crown - Prerogative to dismiss Crown servants at pleasure - Whether implied term of contract of employment of Crown servant - Whether compatible with modern-day conditions of public service - Whether compatible with statutory regime for employment of senior police officers - Whether compatible with obligation to accord natural justice.

Statutes – Construction - Provision for Governor to dismiss senior police officer "at any time" on advice of Commissioner of Police - Whether the words "at any time" import into the statute the Crown's right to dismiss Crown servants at pleasure - Whether obligation to accord natural justice implicitly excluded.

Contract – Damages - Where employment contract entered into pursuant to statutory provision following appointment to office - Where dismissal from office necessarily resulted in termination of contract - Whether award of damages may be made for repudiation resulting from invalid exercise of statutory power - Relevance of statutory scheme for compensation for dismissal from office.

Words and phrases – "at any time", "dismissal at pleasure".

Police Act 1990 (NSW) – ss 8, 11, 33-35, 39, 40, 41, 42, 43, 51, 53, 181D.