Gough v Commissioner of Police; Rigelsford v Commissioner of Police [2022] NSWIRComm 1098

Industrial Relations Commission New South Wales Medium Neutral Citation: Gough v Commissioner of Police; Rigelsford v Commissioner of Police [2022] NSWIRComm 1098 Hearing dates: 2, 3 and 4 May 2022 Date of orders: 11 November 2022 Decision date: 11 November 2022 Jurisdiction: Industrial Relations Commission Before: Commissioner Murphy Decision: Applications for review upheld Catchwords: POLICE – two police officers engaged in physical fight – sustained injuries – investigation – findings made – orders made for disciplinary transfers – applications for review of orders – impact of orders on families of officers – orders not unreasonable nor unjust but harsh Legislation Cited: Industrial Relations Act 1996 Police Act 1990 Cases Cited: Commissioner of Police v Eaton [2013] HCA 4 Commissioner of Police v Lawrance [2011] NSWIRComm 109 Commissioner of Police v Morris [2017] NSWIRComm 1010 Commissioner of Police and Wayne Edward Collins [2008] NSWIRComm 162 Rigelsford v Commissioner of Police; Gough v Commissioner of Police [2021] NSWIRComm 1057 Shelley Jackson v Commissioner of Police [2019] NSWIRComm 1033 Texts Cited: Nil Category: Principal judgment Parties: Ashley Gough (First Applicant) Lee Rigelsford (Second Applicant) Commissioner of Police (Respondent) Representation: Counsel: Mr G Eurell (First Applicant) Mr D Nagle (Second Applicant) Mr M Watts (Respondent) Solicitors: Mr K Madden, Walter Madden Jenkins Lawyers (First Applicant) Mr G Willis, Greg Willis Lawyer (Second Applicant) Ms L Shanahan, Kingston Reid (Respondent) File Number(s): 2021/00096048 2021/00096220 Publication restriction: Pursuant to s 164A of the Industrial Relations Act 1996 the Commission makes a non-disclosure order prohibiting the publication of the name of any person under the age of 18 years. This order applies to the transcript of the proceedings and to any exhibits and other materials tendered to the Commission during the proceedings.