NSW Caselaw
Industrial Relations Commission New South Wales Medium Neutral Citation: Higgins v Commissioner of Police [2021] NSWIRComm 1027 Hearing dates: 17, 18, 19 and 20 August 2020. Updated document received 22 September 2020. Non-disclosure order sought 29 September 2020. Further written submissions received 4 December, 17 December 2020, 2 February 2021. Date of orders: 26 March 2021 Decision date: 26 March 2021 Jurisdiction: Industrial Relations Commission Before: Commissioner Murphy Decision: Application dismissed Catchwords: POLICE – removal of police officer – review of removal order – off-duty conduct – removal not harsh, unreasonable or unjust – application dismissed Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Industrial Relations Act 1996 Police Act 1990 Cases Cited: Commissioner of Police, New South Wales Police Force v Zisopoulos [2020] NSWCA 236 Storey v Commissioner of the New South Wales Police Force (No 2) [2020] NSWSC 1429. Texts Cited: NSW Police Force Code of Conduct and Ethics Category: Principal judgment Parties: Nathan Higgins (Applicant)
Commissioner of Police (Respondent) Representation: Counsel: Mr G Doherty (Applicant) Mr M Easton (Respondent)
Solicitors: Mr P Walter, Walter Madden Jenkins (Applicant) Ms B Richardson, Kingston Reid (Respondent) File Number(s): 2019/00234621 Publication restriction: See order at [69]
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