El-Azzi v Commissioner of Police El-Azzi v Police Tribunal of New South Wales

The New South Wales Court of Appeal considered appeals by Mr El-Azzi against decisions of the Police Tribunal of New South Wales and the Commissioner of Police. The dispute concerned the validity of a decision made by the Commissioner of Police to dismiss Mr El-Azzi from the police force.

The primary legal issue before the Court of Appeal was whether the Police Tribunal had erred in law by failing to grant Mr El-Azzi natural justice. Specifically, the Court had to determine if the Tribunal's procedure, which involved considering evidence that had not been disclosed to Mr El-Azzi prior to the hearing, breached his right to a fair hearing.

The Court of Appeal found that the Police Tribunal had indeed failed to afford Mr El-Azzi natural justice. It held that the principles of procedural fairness require that a party facing disciplinary proceedings must be given adequate notice of the case against them, including disclosure of all evidence that will be relied upon. By considering undisclosed evidence, the Tribunal had deprived Mr El-Azzi of the opportunity to respond to that material, thereby vitiating its decision. The Court therefore upheld Mr El-Azzi's appeal.