Australia, July 18 -- New South Wales Land and Environment Court issued text of the following judgement on June 17:

1. The plaintiff union (PSA) seeks judicial review of:

1) a decision of the Industrial Relations Commission of New South Wales (IRC) constituted by Commissioner McDonald which dismissed the plaintiff's claim that one of its members, Field Supervisor Tony Saraceno, had been victimised by the first defendant contrary to s 210 of the Industrial Relations Act 1996 (NSW) (IR Act): Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (obo Saraceno) v Commissioner of Police [2024] NSWIRComm 1001 ('J'); and

2) a decision of the Full Bench of the IRC refusing leave to appeal from that decision: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Commissioner of Police [2024] NSWIRComm 1062 ('FBJ').

2. It is common ground that judicial review of the two IRC decisions is available in this Court only for jurisdictional error. However, in light of the framing of the plaintiff's case, both before the Commission and in this Court, it is necessary to descend in some detail into the facts and the way in which the case was put in order to determine whether the plaintiff has established any error at all.

3. Shorn of attempts to frame its arguments in terms of statutory construction and jurisdictional error, the plaintiff's complaint is that Commissioner McDonald dismissed the plaintiff's claim that the first defendant victimised Mr Saraceno, when two senior police officers, Chief Inspector Stephen Newton and Superintendent David Driver, gave evidence in the first defendant's case but a third, Superintendent Paul McDonald, did not.

4. No error has been shown; still less a reviewable error.

Background

5. Mr Saraceno is a Special Constable. Although Special Constables are not "police officers", they are members of the New South Wales Police Force described as "non-executive administrative employees". Their role is to maintain the safety and security of key New South Wales Police Force buildings and other important Government buildings such as Parliament House.

6. The plaintiff is an industrial organisation registered under Chapter 5 of the IR Act, entitled to represent the industrial interests of certain employees in the New South Wales public service, including Special Constables. On 21 July 2022, the plaintiff commenced proceedings in the IRC against the first defendant in which the union sought a new award with respect to the terms and conditions of employment for Special Constables (Award Proceeding).

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19776ebf9ed544e7200c826c)

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