Commissioner of Police v Industrial Relations Commission of New South Wales

The Commissioner of Police sought judicial review of a decision by the Industrial Relations Commission of New South Wales (IRC) to order the reinstatement of a police officer. The dispute concerned whether the IRC possessed the necessary jurisdiction under section 89(1) of the *Industrial Relations Act 1996* (NSW) to make such an order, particularly given the officer's permanent unfitness for duty within the NSW Police Force. The Commissioner also contended that the IRC's order was made for a collateral purpose. The matter was heard by Beazley and Hoeben JJA and Tobias AJA.

The central legal issues before the Court of Appeal were twofold: first, whether the IRC had the statutory power under section 89(1) of the *Industrial Relations Act 1996* to order the reinstatement of an employee who was permanently unfit for the position they held within the NSW Police Force; and second, whether the IRC's decision to order reinstatement was vitiated by being made for an improper or collateral purpose. The Court was required to interpret the meaning of "position" and "reinstatement" within the relevant legislative framework, including the *Police Act 1990* (NSW), and to apply the principle that words bear the same meaning throughout a statute.

The Court reasoned that the IRC's jurisdiction under section 89(1) was not limited by the employee's fitness for duty, as the power to order reinstatement was a broad one designed to address unfair dismissals. The Court found that the term "position" referred to the role or employment, not necessarily the physical capacity to perform the duties of that role at a given time. Furthermore, the Court determined that there was no evidence to support the contention that the IRC had acted for a collateral purpose; its decision was a legitimate exercise of its statutory powers to remedy an unfair dismissal.

Consequently, the application for judicial review was dismissed, and the Commissioner of Police was ordered to pay the costs of the proceedings.