Meehan v Commissioner of Police

The applicants, Meehan and others, appealed to the Court of Appeal of New South Wales against a decision that they were not eligible for appointment to certain positions within the police service. The dispute arose from the applicants' failure to succeed in an assessment process conducted for these positions. The core of the disagreement concerned whether success in this assessment was a prerequisite for eligibility for appointment under section 81C of the *Police Service Act 1990* (NSW).

The Court of Appeal was required to determine two primary legal issues. Firstly, whether the applicants were "eligible for appointment" to the positions in question, as stipulated by section 81C of the *Police Service Act*. Secondly, the Court had to ascertain whether the assessment process was designed to evaluate candidates based on comparative merit against each other, or whether it was intended to assess whether candidates achieved a specific, predetermined standard of competence.

By majority, Mason P and Davies AJA held that the assessment process was designed to determine whether candidates achieved a particular standard, rather than to rank them comparatively. Their Honours reasoned that eligibility for appointment under section 81C was contingent upon meeting this standard. As the applicants had not met the required standard in the assessment, they were not eligible for appointment, and consequently, the Supreme Court lacked jurisdiction to hear their substantive application. Giles JA dissented. The appeal was dismissed with costs.