NSW Caselaw
Industrial Relations Commission New South Wales Medium Neutral Citation: Bolton v Commissioner of Police [2020] NSWIRComm 1057 Hearing dates: 13 and 14 July 2020. Last written submissions received 21 August 2020. Decision date: 04 September 2020 Jurisdiction: Industrial Relations Commission Before: Commissioner Murphy Decision: Application dismissed Catchwords: POLICE – removal of police officer – s.181D Police Act 1990 – review under s.181E Police Act - statutory scheme – powers of Commission – onus on applicant to demonstrate decision 'harsh, unreasonable or unjust' – evidentiary burden Legislation Cited: Crimes Act 1900 Police Act 1990 Cases Cited: Baker v Commissioner of Police [2015] NSWIRComm 14 Commissioner of Police v Eaton (2013) 252 CLR 1 Commissioner of Police v Zisopoulos [2019] NSWIRComm 1073) Tredinnick v Commissioner of Police [2016] NSWIRComm 1026. Tredinnick v Commissioner of Police [2016] NSWIRComm 14 Van Huisstede v Commissioner of Police (2000) 98 IR 57 Zisopoulos v Commissioner of Police [2018] NSWIRComm 1011 Texts Cited: NSW Police Force Code of Conduct and Ethics NSW Police Force Computerised Operational Policing System User Guide Category: Principal judgment Parties: Andrew Bolton (Applicant)
Commissioner of Police (Respondent) Representation: Counsel: Mr B Eurell (Applicant) Mr M Seck (Respondent)
Solicitors: Ms N Baker, Carroll & O'Dea Lawyers (Applicant) Ms E Baxter, Kingston Reid (Respondent) File Number(s): 2019/00347479 Publication restriction: Nil
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