Storey v Commissioner of New South Wales Police Force (No 2)

In this matter, the applicant, Mr Storey, sought judicial review of a decision by the Commissioner of the New South Wales Police Force to remove him from his position. The Commissioner had made the removal order under section 181D of the Police Act 1990 (NSW). The applicant also sought review of the Industrial Relations Commission's (IRC) decision to reject his application for review of the removal order, as well as the Full Bench's refusal to grant leave to appeal from the IRC's decision. The court was required to determine whether there had been an error of law on the face of the record or a jurisdictional error in both the Commissioner's decision and the IRC's and Full Bench's decisions.

The court first considered whether section 213 of the Police Act precluded the making of a removal order. It found that the section did not preclude the making of the removal order, as the conduct that led to the removal was not protected by that section. The court then considered whether there had been an error of law on the face of the record or a jurisdictional error in the Commissioner's decision. It found that there had been no such error, as the Commissioner had followed the correct procedure in making the removal order. The court also considered whether there had been a jurisdictional error in the IRC's and Full Bench's decisions. It found that there had been no such error, as the IRC and Full Bench had correctly applied the relevant law and had not erred in their decisions.

The court held that there had been no error of law on the face of the record or jurisdictional error in any of the decisions under review. The applicant's claims for judicial review were therefore dismissed. The court made no orders as to costs.