Groves, Patrick John v Bonde, Steven Bruce & Frame, Glen Ronald - [1998] TASSC 57

57/1998

PARTIES:  GROVES, Patrick John
  v
  BONDE, Steven Bruce
  FRAME, Glen Ronald

TITLE OF COURT:  SUPREME COURT OF TASMANIA
JURISDICTION:  ORIGINAL
FILE NO/S:  M8/1998
DELIVERED:  18 May 1998
HEARING DATE/S:  12 May 1998
JUDGMENT OF:  Wright J

CATCHWORDS:

Statutes - Interpretation - Consideration of extrinsic matters - Legislative history of Act - Explanatory memorandum - No ambiguity in legislation - Proper construction of Act.

Mills v Meeking (1989 - 1990) 169 CLR 214; Viney v Mazengarb [1991] Tas R 180, considered.
Walker v FAI Insurance [1991] Tas R 258, applied.
Aust Dig Statutes [75]

Police - Appointment and promotion - Police Promotions Appeal Board - Jurisdiction - Appointment to "position of a prescribed rank" - Whether appeal lies against appointment to a rank only.

Acts Interpretation Act 1931 (Tas), s8A and s8B.
Police Regulation Act 1898 (Tas), PtIVA, s10, s49F, s49G, s49H, s49N, s49O.

Aust Dig Police [2]

REPRESENTATION:

Counsel:
             Applicant:  S B McElwaine
             Respondents:  T J Ellis
Solicitors:
             Applicant:  S B McElwaine
             Respondents:  Clarke & Gee

Judgment category classification:
Court Computer Code:
Judgment ID Number:  57/1998
Number of pages:  8

Serial No 57/1998
File No M8/1998

PATRICK JOHN GROVES v STEVEN BRUCE BONDE and
GLEN RONALD FRAME

REASONS FOR JUDGMENT WRIGHT J

18 May 1998

By notices published in the Tasmanian Police Gazette on 27 May 1997, the Hon J R Beswick, the Minister administering the Police Regulation Act 1898 ("the Act"), gave notice of his intention to appoint each of the respondents to the position of inspector within the Tasmania Police Force. The notices were in the following form:

"NOTICE No 73

TASMANIA
Police Regulation Act 1898
NOTICE BY MINISTER OF INTENTION TO APPOINT POLICE
OFFICER TO HIGHER RANK

Notice is hereby given that it is the intention of His Excellency the Governor to appoint Sergeant Stephen Bruce Bonde, No 1158, to the rank of Inspector of Police for the purpose of filling a position at that rank to perform the duties of Divisional Inspector ¾ Ulverstone Division.
A Police Officer may appeal to the Police Promotions Appeal Board against this proposed appointment only on the grounds defined by Section 49H(1) of the Act.
Notice of appeal must be in writing and must be lodged with the Board within (14) days of the publication of this Notice.
Notice of appeal shall be made on the relevant form (PP1 or PP2).
Dated this 27th day of May 1997.
R J BESWICK, Minister Administering the Police Regulation Act 1898."

"NOTICE No 73

TASMANIA
Police Regulation Act 1898
NOTICE BY MINISTER OF INTENTION TO APPOINT POLICE
OFFICER TO HIGHER RANK

Notice is hereby given that it is the intention of His Excellency the Governor to appoint Sergeant Glenn Ronald Frame, No 1337, to the rank of Inspector of Police for the purpose of filling a position at that rank to perform the duties of Inspector ¾ Burnie CIB.
A Police Officer may appeal to the Police Promotions Appeal Board against this proposed appointment only on the grounds defined by Section…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [1998] TASSC 57
Decision Date: 18 May 1998

CaseChat Overview and Summary

The case of Groves v Bonde and Frame involves a dispute between the applicant, Patrick John Groves, and the respondents, Steven Bruce Bonde and Glen Ronald Frame, regarding their appointments as inspectors within the Tasmania Police Force. The applicants sought a declaration that the respondents were not lawfully appointed to the rank of inspector, an injunction to prevent them from acting as inspectors, and costs. The central issue before the Court was whether the appointments of the respondents to the rank of inspector were subject to the appeal provisions outlined in the Police Regulation Act 1898 (Tas). The applicant argued that the appointments should have followed the notification and appeal process stipulated in the Act, while the respondents contended that the appointments were valid and not subject to appeal. The Court considered the legislative history and the purpose of the Act in interpreting the relevant provisions. Ultimately, the Court found that the appointments of the respondents were valid and not subject to the appeal process as the appointments were made to positions, not ranks, and therefore did not constitute promotions subject to appeal. Consequently, the application was dismissed.

Orders