Jon Jamal v State of NSW (NSW Police Force)

[2014] HCASL 238

JON JAMAL

v

STATE OF NSW (NSW POLICE FORCE)

[2014] HCASL 238
S200/2014

1. On 8 March 2012, the applicant lodged a complaint alleging that police officers had discriminated against him on grounds of his race and his sex.  On 29 July 2013, the Administrative Decisions Tribunal of New South Wales ("the ADT") dismissed the complaint.

2. On 25 November 2013, the Appeal Panel Division of the ADT ("the Appeal Panel") dismissed the applicant's appeal.  The Appeal Panel found that there was no error of law demonstrated and that, on its face, the decision of the ADT constituted a comprehensive dealing with the factual matters in issue.  The Appeal Panel held that there was no basis to order a re-hearing on the merits.

3. The applicant filed a notice of intention to appeal to the Court of Appeal of the Supreme Court of New South Wales.  On 27 June 2014, the Court of Appeal (McColl and Basten JJA) held that, even assuming a construction of the applicable rules favourable to the applicant, the notice was late.  Moreover, their Honours found that the grounds of appeal relied upon did not raise any fairly arguable question of law and, accordingly, it was not appropriate to grant an extension of time within which to file an appeal.

4. The applicant seeks special leave to appeal to this Court.  No question of principle falls for determination in this application, and nothing advanced by the applicant casts doubt on the correctness of the Court of Appeal's decision.  That decision involved a discretionary matter of practice and procedure, determined in accordance with settled principle.  Special leave is refused.

5. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

S.M. Kiefel
11 December 2014 P.A. Keane