High Court of Australia

The Public Service Association and Professional Officers' Association Amalgamated of NSW v Director of Public Employment [2012] HCA 58

87 ALJR 162; 293 ALR 450

12 Dec 2012

Case Number: S127/2012


French CJ, Hayne, Heydon, Crennan, Kiefel, Bell JJ


Constitutional law (Cth) – Judicial power of Commonwealth – Constitution, Ch III – Institutional integrity of State court vested with federal jurisdiction – Section 146C(1) of Industrial Relations Act 1996 (NSW) provides that Industrial Relations Commission of New South Wales must "give effect to any policy . . . that is declared by the regulations to be an aspect of government policy that is required to be given effect to by the Commission" when making or varying any award or order – Commission comprises judicial and non-judicial members – Judicial members of Commission sit as Industrial Court of New South Wales to exercise specific functions of Commission – Industrial Court is superior court of record and may be invested with federal jurisdiction – Whether s 146C(1) impairs institutional integrity of Industrial Court by requiring judicial members when sitting as Commission to comply with regulations when making or varying any award or order.

Words and phrases – "institutional integrity", "policy".

Constitution – Ch III.

Industrial Relations Act 1996 (NSW) – Ch 4, s 146C(1).

Industrial Relations (Public Sector Conditions of Employment) Regulation 2011 (NSW).

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