Writer v Commissioner of Police (No 2) [2021] NSWIRComm 1023

Industrial Relations Commission New South Wales Medium Neutral Citation: Writer v Commissioner of Police (No 2) [2021] NSWIRComm 1023 Hearing dates: 24, 25 and 26 August 2020 Date of orders: 18 March 2021 Decision date: 18 March 2021 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: Pursuant to s 177(1)(b) of the Police Act 1990 (NSW) it is ordered that: (1) the order made by the Commissioner of Police, through his delegate, on 9 May 2019 under s 173(2) of the Police Act 1990 (NSW) is revoked; and (2) in its place: (a) Senior Constable Writer's salary increment be deferred for a period of 12 months from the date his next increment is due; and (b) Senior Constable Writer be subject to a disciplinary transfer from the Ballina Police Station to the Grafton Police Station. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Public sector – Police – review of order made under s 173 of the Police Act 1990 – deferral of increment and disciplinary transfer – whether order constitutes "double punishment" – whether order harsh, unreasonable or unjust – consideration of alternative locations for transfer Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) s 238 Crimes (Sentencing Procedure) Act 1999 (NSW) s10 Industrial Relations Act 1996 (NSW) Ch 2 Pt 6, s 164A Police Act 1990 (NSW) Pt 9 Div 1A, ss 173, 174, 175, 177, 181D Work Health and Safety Act 2011 (NSW) Cases Cited: A (a pseudonym) v Commissioner of Police [2019] NSWIRComm 1091 Beck v Commissioner of Police (No 3) [2015] NSWIRComm 1023 Bradley George Hosemans v Commissioner of Police (2004) 138 IR 159; [2004] NSWIRComm 253 Byrne v Australian Airlines Ltd (1995) 185 CLR 410; [1995] HCA 24 Commissioner of Police v Eaton (2013) 252 CLR 1; [2013] HCA 2 Commissioner of Police v Evans [2006] NSWIRComm 170 Commissioner of Police, New South Wales Police Force v Zisopoulos [2020] NSWCA 236 Corrective Services NSW v Danwer [2013] NSWIRComm 61 McDiarmid v Commissioner of Police [2012] NSWIRComm 100 Saliba v Commissioner of Police [2006] NSWIRComm 200 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; [2000] NSWIRComm 97 Vouden v Commissioner of NSW Police Force [2014] NSWIRComm 25 Wells v Commissioner of Police (2000) 100 IR 106; [2000] NSWIRComm 157 Category: Principal judgment Parties: Michael Writer (Applicant) Commissioner of Police (Respondent) Representation: Counsel: A Eurell (Applicant) R Coffey (Respondent) Solicitors: Walter Madden Jenkins (Applicant) Makinson D'Apice Lawyers (Respondent) File Number(s): 2019/156958 Publication restriction: The following orders were made pursuant to s 164A of the Industrial Relations Act 1996 (NSW): 1. Any document that includes the name of a young person that is tendered in evidence will be a confidential exhibit. 2. Except in so far as it is necessary to do so for the proper conduct of the proceedings, no person shall disclose the name, address, picture or any other material that identifies or may lead to the identification of any young person. 3. Except in so far as it is necessary to do so for the proper conduct of the proceedings, no person shall do anything that identifies or may lead to the identification of any young person. This includes the publication of the name of any witness who has a relationship with a young person, and the nature of that relationship.