Knox v Commissioner of Police [2021] NSWIRComm 1064

Industrial Relations Commission New South Wales Medium Neutral Citation: Knox v Commissioner of Police [2021] NSWIRComm 1064 Hearing dates: Determined on the papers Date of orders: 2 September 2021 Decision date: 02 September 2021 Jurisdiction: Industrial Relations Commission Before: Commissioner Murphy Decision: Orders made Catchwords: POLICE – disciplinary transfer – application for review of order – summonses to produce – notice of motion Legislation Cited: Police Act 1990 Cases Cited: Vizzone v Commissioner of Police [2020] NSWIRComm 1034 Texts Cited: Nil Category: Procedural rulings Parties: Glen Knox (Applicant)

Commissioner of Police (Respondent) Representation: Counsel: Mr D Nagle (Applicant) Mr R Coffey (Respondent)

Solicitors: Mr D Kennedy, Police Association of NSW (Applicant) Ms A Shields, Norton Rose Fulbright Australia (Respondent) File Number(s): 2020/00297621 Publication restriction: Nil

decision 1. By order dated 22 September 2020 made pursuant to s 173(2) of the Police Act 1990 and signed by Superintendent Andrew Koutsoufis, Commander, Operational Safety and Skills, NSW Police Force, Sergeant Glen Knox was "subject to a disciplinary transfer from Operational Skills & Safety Command to Burwood Police Area Command" ("Order"). The Order was based on a finding by Superintendent Koutsoufis, as delegate for the Commissioner of Police, that Sergeant Knox had engaged in misconduct. This finding followed an investigation into allegations of misconduct by Sergeant Knox. Seven misconduct allegations were ultimately found by Superintendent Koutsoufis to have been substantiated. 2. Pursuant to s 174(1) of the Police Act, Sergeant Knox (hereafter the "applicant") has made an application to this Commission for a review the Order ("Application"). The respondent to the Application is the Commissioner of Police (hereafter the "respondent").