Matta v Commissioner of Police, NSW Police Force [2023] NSWIRComm 1059

Industrial Relations Commission New South Wales Medium Neutral Citation: Matta v Commissioner of Police, NSW Police Force [2023] NSWIRComm 1059 Hearing dates: 5 June 2023 Date of orders: 5 June 2023 Decision date: 05 June 2023 Jurisdiction: Industrial Relations Commission Before: Commissioner O'Sullivan Decision: Application dismissed Catchwords: EMPLOYMENT AND INDUSTRIAL LAW — Removal of police officer — Application for review pursuant to s 181E of Police Act 1990 (NSW) — Failure of applicant to comply with direction regarding COVID-19 vaccination — Application dismissed Legislation Cited: Police Act 1990 (NSW) Cases Cited: Bolton and Commissioner of Police [2021] NSWIRComm 1055 Bowes v Commissioner of Police [2023] NSWIRComm 1049 Ford v Commissioner of Police [2023] NSWIRComm 1014 NSW Police Force v Zisopoulos [2020] NSWCA 236, 299 IR 314 Tredinnick and Commissioner of Police [2016] NSWIRCom 14 Welch v Commissioner of Police [2023] NSWIRComm 1002 Texts Cited: NIL Category: Principal judgment Parties: Phillip Matta (applicant)

Commissioner of Police, NSW Police Force (respondent) Representation: Self represented (applicant)

Counsel:

Mr M Watts (respondent)

Solicitors:

Kingston Reid (respondent) File Number(s): 2022/00167420 Publication restriction: NIL

EX TEMPORE decision 1. On 1 June 2022, the respondent issued an order, which I will call "the Order", pursuant to s 181D(1) of the Police Act 1990 New South Wales, "the Act", removing the applicant from the NSW Police Force, here on in I will refer to as "the Force". The Order arose from the applicant's failure to abide by a direction made by the respondent in relation to COVID-19 vaccinations, which I will call "the Direction". 2. The applicant has sought a review of the Order by way of an application made in accordance with 181A of the Act, on the ground that the Order was and is harsh, unreasonable or unjust "the Application".