Kiernan v Commissioner of Police, New South Wales Police Force (GD)

The case involves Kiernan, who is seeking reinstatement of an appeal against a decision of the Commissioner of Police, New South Wales Police Force. The appeal was dismissed due to Kiernan's failure to appear at a scheduled hearing. The matter was heard in the Civil and Administrative Tribunal of New South Wales. The primary issue before the Tribunal was whether Kiernan had provided a reasonable explanation for his non-attendance, thereby warranting the reinstatement of his appeal under section 73(5)(h) of the Administrative Decisions Tribunal Act 1997.

The Tribunal considered the evidence presented by Kiernan regarding his reasons for not appearing at the scheduled hearing. It was noted that Kiernan had provided a letter explaining his absence, citing personal health issues and misunderstandings regarding the hearing date. The Tribunal assessed the reasonableness of these explanations in light of the applicable legal criteria and the principles of procedural fairness. The Tribunal concluded that Kiernan's explanations were plausible and sufficient to warrant a reinstatement of his appeal.

Accordingly, the Tribunal granted the application for reinstatement of the appeal. The orders made on 11 February 2009, including those related to costs, were vacated. The Registrar was directed to re-list the appeal for hearing as soon as practicable.