Reid-Frost v Industrial Relations Commission of New South Wales

Reid-Frost v Industrial Relations Commission of New South Wales concerned a judicial review application brought by Ms Reid-Frost, a former police officer, against the Industrial Relations Commission of New South Wales. Ms Reid-Frost had been removed from the Police Force under section 181D of the *Police Act 1990* (NSW) and subsequently sought a review of this decision by the Industrial Relations Commission under section 181E of that Act. The Commission's Full Bench had dismissed her application for leave to appeal against an earlier decision.

The primary legal issues before the Supreme Court of New South Wales, Court of Appeal, were whether the Commission had committed a jurisdictional error in its review process, particularly in relation to its reliance on findings from an earlier decision in the same proceedings, and whether the privative provisions of section 179 of the *Industrial Relations Act 1996* (NSW) applied to the Supreme Court's review. The Court also considered whether it should exercise its discretion to refuse prerogative relief due to Ms Reid-Frost's delay in bringing the application.

The Court held that while the Commission was not bound by the strict rules of evidence when not sitting in Court Session, as per section 163 of the *Industrial Relations Act 1996* (NSW), its reliance on findings from an earlier decision within the same proceedings did not, in itself, constitute a jurisdictional error. The Court found that the privative provisions of section 179 of the *Industrial Relations Act 1996* (NSW) were applicable, and that Ms Reid-Frost had not demonstrated the necessary jurisdictional error to overcome these provisions. However, the Court also found that the Commission's dismissal of the appeal was vitiated by an error, leading to the granting of the application in part.

Consequently, the Court granted the application in part, quashing the order made by the Industrial Relations Commission of New South Wales on 17 February 2011 dismissing Ms Reid-Frost's appeal. The application was otherwise dismissed, and Ms Reid-Frost was ordered to pay the Commissioner of Police's costs of the application to the Supreme Court.