Ibrahim v Commissioner of Police, New South Wales Police Service

Ibrahim was employed as a police officer and was subject to disciplinary proceedings for misconduct. The determination of the disciplinary process was appealed to the District Court, which upheld the disciplinary action. That decision was then appealed to the Land and Environment Court, which set aside the disciplinary determination and remitted the matter to the police authority for reconsideration. The Commissioner of Police appealed to the Supreme Court of New South Wales, which was required to determine the appropriate scope of review of the Land and Environment Court's decision, and whether the Land and Environment Court had exercised its discretion appropriately in setting aside the disciplinary determination. The court also had to decide whether the Supreme Court should remit the matter back to the police authority, or make a substituted determination itself.

The court noted that the Land and Environment Court had an extensive and well-established discretion to remit matters back to an administrative decision maker for reconsideration. This discretion was not to be exercised lightly or capriciously, but where a decision maker had failed to properly consider a matter, or had made an error of law, the Land and Environment Court could remit a matter back to the original decision maker. In this case, the court found that the Land and Environment Court had exercised its discretion appropriately. The court also noted that the Supreme Court had the same power to remit a matter back to the original decision maker, but in the particular circumstances of this case, the Supreme Court chose to make a substituted determination itself. This decision was in accordance with the proper exercise of the court's discretion.

The court set aside the determination of the Land and Environment Court and substituted a new determination. The details of this new determination and the reasons for it remain suppressed, and may only be disclosed following an application by a party, with notice to the other party. This order ensures that the confidentiality of the reasons for the substituted determination is maintained, while still allowing for the possibility of disclosure in certain circumstances. The suppression order is to remain in place unless and until a party applies to the court for an order lifting the suppression.