Commissioner of Police v. Eaton and Anor

Lower Court Judgment

6/03/2012 Supreme Court of New South Wales (Court of Appeal) (Bathurst CJ, Handley AJA, Tobias AJA)

[2012] NSWCA 30

Catchwords

Jurisdiction — Subject matter jurisdiction — Industrial Relations Commission NSW ('IRC') — Probationary police officer employed and dismissed by Commissioner of Police ('Commissioner') under s 80(3) of the Police Act 1990 ('Police Act') — Probationary officer made an application to the IRC claiming dismissal was harsh, unreasonable or unjust under s 84(1) of the Industrial Relations Act 1996 (NSW) ('IR Act') — Whether the Industrial Relations Commission of NSW has the jurisdiction to hear and determine a claim alleging unfair dismissal under Part 6 of Chapter 2 of the IR Act brought by a probationary police officer employed and dismissed under s 80(3) of the Police Act 1990 — Whether Police Act contains an exhaustive regime for the appointment and termination of probationary police officers.

Statutes — Implied repeal — Inconsistency or incongruity between the provisions of Police Act and IR Act — Whether Parliament intended the specific regime for apportionment and termination of probationary police officers contained in the Police Act to be affected by the general provisions of the IR Act.

Short Particulars