Commissioner of Police v Eaton

Jurisdiction – Subject matter jurisdiction – Industrial Relations Commission of New South Wales ("IR Commission") – Probationary police officer dismissed by Commissioner of Police under s 80(3) of the Police Act 1990 (NSW) – Probationary police officer applied to IR Commission under s 84(1) of the Industrial Relations Act 1996 (NSW) claiming dismissal was harsh, unreasonable or unjust – Whether IR Commission has jurisdiction under Pt 6 of Ch 2 of the Industrial Relations Act to determine unfair dismissal claim regarding dismissal under s 80(3) of the Police Act.

Statutes – Statutory interpretation – Implied repeal – Part 6 of Ch 2 of the Industrial Relations Act 1996 (NSW) allows public sector employees to challenge dismissal as harsh, unreasonable or unjust – Section 80(3) of the Police Act 1990 (NSW) permits Commissioner of Police to dismiss probationary police officers from the New South Wales Police Force at any time and without reason – Inconsistency and incoherence between provisions of the Industrial Relations Act and the Police Act – Whether Parliament intended the general provisions of the Industrial Relations Act to affect the operation of the earlier specific provisions of the Police Act.

Words and phrases – "generalia specialibus non derogant", "harsh, unreasonable or unjust", "implied repeal", "legislative intention", "probationary police officer", "unfair dismissal".

Industrial Relations Act 1996 (NSW) – Ch 2 Pt 6, s 84(1).

Police Act 1990 (NSW) – Pt 9 Div 1C, ss 80(3), 218.