Police Tribunal of New South Wales - Jurisdiction

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 inquiry 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.