Jarratt v Commissioner of Police (NSW)

The case of *Jarratt v Commissioner of Police (NSW)* concerned the dismissal of Mr J T Jarratt, a Deputy Commissioner of Police in New South Wales, from his office. The Commissioner of Police recommended to the Governor that Mr Jarratt be dismissed, and the Governor subsequently dismissed him. Mr Jarratt was not afforded a hearing prior to his dismissal. The High Court of Australia considered whether this dismissal was invalid due to a breach of the requirements of natural justice.

The central legal issues before the High Court were whether the dismissal of a senior police officer under section 51 of the *Police Act 1990* (NSW) was an exercise of the Crown's prerogative to dismiss at pleasure, and whether this statutory provision empowered the Governor to remove an officer without procedural fairness. The Court also considered whether the common law prerogative to dismiss Crown servants at pleasure was compatible with the statutory regime governing the employment of senior police officers and the obligation to accord natural justice. Furthermore, the Court examined whether the words "at any time" in the relevant statutory provision imported the Crown's right to dismiss at pleasure and implicitly excluded the obligation to provide natural justice. Finally, the Court addressed whether damages could be awarded for the repudiation of an employment contract resulting from an invalid exercise of statutory power, and the relevance of statutory compensation schemes in such circumstances.

The High Court reasoned that the *Police Act 1990* (NSW) did not exclude the Commissioner's duty to provide procedural fairness when making a recommendation for dismissal under section 51. The Court distinguished the present case from those involving appointments made solely under the Crown prerogative, noting that Mr Jarratt's position as Deputy Commissioner was created by statute, and the procedures for appointment and removal were statutorily defined. The Court held that the statutory scheme for the Senior Executive Service, including the position of Deputy Commissioner, did not permit dismissal at pleasure in disregard of natural justice. The Court found that the dismissal was invalid because it breached the requirements of procedural fairness.

The High Court allowed the appeal, setting aside the orders of the Court of Appeal of New South Wales. The Court ordered that the appeal to the Court of Appeal be dismissed with costs. The Court also restored a declaration made by the trial judge, which sufficiently encapsulated the grounds for the applicant's success, and ordered monetary relief, including damages for wrongful removal from office and termination of employment, finding that section 53(5) of the Act did not bar such an order in cases of invalid removal.