Police Act 1972 (ACT)

The matter before the court involved an application for a declaration of invalidity of the Police Ordinance 1972, which amended the Police Ordinance 1927-1970. The applicant argued that the amendment to the Police Ordinance, which required the Chairman of the Tribunal to be a member of the Commonwealth Conciliation and Arbitration Commission, was unconstitutional as it contravened the separation of powers doctrine. The applicant sought a declaration that the amendment was invalid and of no effect.

The court was required to determine whether the amendment to the Police Ordinance 1972, which altered the appointment process for the Chairman of the Tribunal, was consistent with the Australian Constitution. Specifically, the court needed to assess whether the amendment was an attempt to interfere with the judicial power of the Commonwealth, which is vested in the courts, and whether it complied with the separation of powers doctrine.

The court held that the amendment to the Police Ordinance 1972 was invalid as it contravened the separation of powers doctrine. The court found that the requirement for the Chairman of the Tribunal to be a member of the Commonwealth Conciliation and Arbitration Commission was an attempt to interfere with the judicial power of the Commonwealth, which is vested in the courts. The court held that the amendment was an unconstitutional attempt to influence the appointment of a judicial officer and was therefore invalid. The court made a declaration that the amendment to the Police Ordinance 1972 was invalid and of no effect.