Police Tribunal of New South Wales
Encyclopedia
The Police Tribunal of New South Wales was a tribunal established in New South Wales
, a state of Australia
to deal with allegations of misconduct by New South Wales Police
. It was established in 1990 and abolished in 1998.
The tribunal was continued in existence under amendments made by Police Service (Complaints, Discipline and Appeals) Amendment Act 1993 (NSW). The tribunal was re-established as court of record
.
The Governor of New South Wales could appoint a president or a deputy president of the tribunal. The president or the deputy president could either be a judge of the Supreme Court of New South Wales
, the Industrial Relations Commission of New South Wales
, the District Court of New South Wales
or the senior chairperson of the Government and Related Appeals Tribunal of New South Wales.
Every judge of the District Court was automatically a member of the tribunal.
having all the powers of a royal commission
. As with all royal commissions, it functions were to penetrate factual situations which otherwise might not be penetrated using traditional legal processes, so the tribunal can report its findings direct to the New South Wales Parliament.
Being an inquiry it was not subject to the procedural and evidentiary restraints of normal judicial proceeding. It was inquisitorial and there were no parties. The member conducting the inquiry had the responsibility and the power to inform themselves of relevant matters by resort to such evidentiary material and in such ways and by such procedures as appeared to be appropriate, subject to the rules of nature justice.
Another jurisdiction of the tribunal was to deal with disciplinary matters where the police officer denied the charges. In this case, the tribunal was constituted by a single member.
The tribunal could determine the guilt and recommend a penalty to the Minister for Police or the Commissioner of Police. Either person could use that recommendation as the basis for a recommendation to the governor. In certain situations, a police officer could lodge a further appeal on the severity of the sentence to the Government and Related Employees Tribunal of New South Wales.
A person unhappy with the decision of the tribunal could appeal to the Appeal Division of the tribunal. This division was constituted by the president and two members of the tribunal.
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
, a state of Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
to deal with allegations of misconduct by New South Wales Police
New South Wales Police
The New South Wales Police Force is the primary law enforcement agency in the State of New South Wales, Australia. It is an agency of the Government of New South Wales within the New South Wales Ministry for Police...
. It was established in 1990 and abolished in 1998.
Constitution
The first tribunal was established under Part 9A of the Police Services Act 1990 (NSW).The tribunal was continued in existence under amendments made by Police Service (Complaints, Discipline and Appeals) Amendment Act 1993 (NSW). The tribunal was re-established as court of record
Court of record
In common law jurisdictions, a court of record is a judicial tribunal having attributes and exercising functions independently of the person of the magistrate designated generally to hold it, and proceeding according to the course of common law, its acts and proceedings being enrolled for a...
.
The Governor of New South Wales could appoint a president or a deputy president of the tribunal. The president or the deputy president could either be a judge of the Supreme Court of New South Wales
Supreme Court of New South Wales
The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales...
, the Industrial Relations Commission of New South Wales
Industrial Relations Commission of New South Wales
The Industrial Relations Commission of New South Wales conciliates and arbitrates industrial disputes, sets conditions of employment and fixes wages and salaries by making industrial awards, approves enterprise agreements and decides claims of unfair dismissal in New South Wales, a state of Australia...
, the District Court of New South Wales
District Court of New South Wales
The District Court of New South Wales has jurisdiction to hear most indictable offences . It hears appeals from the Local Court and civil claims up to A$750 000. In some circumstances the amount may be higher, e.g. with the consent of the parties or in motor accident claims etc...
or the senior chairperson of the Government and Related Appeals Tribunal of New South Wales.
Every judge of the District Court was automatically a member of the tribunal.
Jurisdiction
The tribunal had a number of jurisdictions. Firstly, it could deal with a reference from the New South Wales Attorney General. When this occurred, the tribunal became effectively an inquiryInquiry
An inquiry is any process that has the aim of augmenting knowledge, resolving doubt, or solving a problem. A theory of inquiry is an account of the various types of inquiry and a treatment of the ways that each type of inquiry achieves its aim.-Deduction:...
having all the powers of a royal commission
Royal Commission
In Commonwealth realms and other monarchies a Royal Commission is a major ad-hoc formal public inquiry into a defined issue. They have been held in various countries such as the United Kingdom, Australia, Canada, New Zealand, and Saudi Arabia...
. As with all royal commissions, it functions were to penetrate factual situations which otherwise might not be penetrated using traditional legal processes, so the tribunal can report its findings direct to the New South Wales Parliament.
Being an inquiry it was not subject to the procedural and evidentiary restraints of normal judicial proceeding. It was inquisitorial and there were no parties. The member conducting the inquiry had the responsibility and the power to inform themselves of relevant matters by resort to such evidentiary material and in such ways and by such procedures as appeared to be appropriate, subject to the rules of nature justice.
Another jurisdiction of the tribunal was to deal with disciplinary matters where the police officer denied the charges. In this case, the tribunal was constituted by a single member.
The tribunal could determine the guilt and recommend a penalty to the Minister for Police or the Commissioner of Police. Either person could use that recommendation as the basis for a recommendation to the governor. In certain situations, a police officer could lodge a further appeal on the severity of the sentence to the Government and Related Employees Tribunal of New South Wales.
A person unhappy with the decision of the tribunal could appeal to the Appeal Division of the tribunal. This division was constituted by the president and two members of the tribunal.