A police officer may appeal to the IRC against a decision of the Commissioner of Police to grant or refuse leave of absence on full pay to that police officer during any period of absence caused by that officer being "hurt on duty".
Officers considering lodging an appeal are advised to first seek advice from the Association or a solicitor. Officers may be represented at the hearing of their appeal by a barrister, solicitor or other person.
Information about the procedure for lodging an appeal may also be obtained from the IRC Registry.
Notice of Appeal must be lodged with the Registrar of the IRC within 28 days of the notification to the officer of the decision of the Commissioner. The IRC has no power to extend this statutory time limit.
Notice of Appeal form should be completed. If no such forms are readily available, any document sufficiently identifying the decision appealed against should be lodged with the Registrar prior to expiration of the time allowed for appeal.
The Notice of Appeal must be lodged in the Registry at Level 1, 47 Bridge Street, Sydney. It may be lodged personally or by post or fax.
The Registrar will send a notice to the parties of the date the appeal has been set down for mention. This is a preliminary hearing before the Registrar to determine the future conduct of the appeal and fix a conciliation date, if appropriate. The appellant and/or his or her representative and the employer's representative are required to attend the mention hearing.
This is conducted in a hearing room at the Industrial Relations Commission. It will be conducted by a Commission member. At the end of the conciliation process if the matter remains unresolved the appeal will be listed for a hearing. The parties may request that the hearing is chaired by a different Commission member other than the one who conducted the conciliation if they so desire. That request must be made within 7 days.
Following a failed conciliation the Commission member will issue directions to the parties to prepare for the hearing. For further information see clause 8 of
Practice Note 24 .
A party requiring the issue of a Summons, needs to comply with Section 165 of the Industrial Relations Act and Part 33 of the Uniform Civil Procedure Rules.
The hearing is a formal one conducted in a manner similar to a Court proceeding.
The employer's case is presented first. Unless there are unusual circumstances the documentary material provided by the employer prior to the hearing is admitted into evidence. Any witnesses are then called.
Although the Commission is not bound by the rules of evidence all witnesses are examined under oath.
Following completion of the Police Commissioner's case evidence, the Appellant's case is then presented. At the conclusion of the Appellant's case the Police Commissioner may call evidence in reply.
The Commission has the power to allow or disallow an appeal or make such other order as it thinks fit.
The Commission must publish written reasons for its decision. A copy of the written decision is forwarded to the parties by the Registrar as soon as it is available.
The decision of the Commission is final, subject only to a right of appeal to the Full Bench of the Commission in Court Session on a question of law. (Section 197B Industrial Relations Act 1996 ).
An appeal may be withdrawn at any time prior to the Commission's decision.
If, prior to the hearing, the appellant decides to withdraw, a notice of withdrawal must be lodged, in writing, with the Registrar and preferably by fax if possible to minimise any inconvenience to the Commission and the Police Commissioner.
If the appellant decides to withdraw the appeal after the hearing has commenced the Commission should be informed and the proceedings will be concluded.
Industrial Relations Act 1996 No 17
Practice Note No. 24 - Procedures – Police Hurt on Duty Appeals
Public Sector Appeals