Commissioner of Police for New South Wales v Industrial Relations Commission of New South Wales and Raymond Sewell

The Commissioner of Police for New South Wales sought to challenge a decision of the Industrial Relations Commission of New South Wales (IRC) concerning the removal of Raymond Sewell from the police force. The core of the dispute revolved around whether a privative provision within the *Industrial Relations Act 1996* (NSW) precluded judicial review of the IRC's decision to reinstate Mr. Sewell, which had been made under provisions of the *Police Act 1990* (NSW).

The central legal question before the court was whether section 179 of the *Industrial Relations Act 1996* (NSW), which purports to limit the jurisdiction of courts to review certain decisions, applied to the IRC's review of the Commissioner's decision to remove Mr. Sewell under Division 1C of Part 9 of the *Police Act 1990* (NSW). This required the court to consider the scope and effect of the privative clause in light of the specific statutory framework governing police dismissals and IRC reviews.

The court determined that section 179 of the *Industrial Relations Act 1996* did not apply to the IRC's review of the Commissioner's decision. Applying principles of statutory interpretation, the court found that the *Police Act 1990* established a distinct and specific regime for the review of disciplinary decisions concerning police officers. The court reasoned that the privative provision in the *Industrial Relations Act 1996* was not intended to, and did not, extend to oust the jurisdiction of courts to review decisions made under the specific review provisions of the *Police Act 1990*. The court emphasised the importance of the clear statement principle, noting that a privative clause must be expressed with sufficient clarity to indicate an intention to exclude the supervisory jurisdiction of the courts.

The summons was dismissed with costs.