Regan v Commissioner of Police [2023] NSWIRComm 1062

Industrial Relations Commission New South Wales Medium Neutral Citation: Regan v Commissioner of Police [2023] NSWIRComm 1062 Hearing dates: 20 June 2023 Date of orders: 20 June 2023 Decision date: 20 June 2023 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Constant pursuant to s 190A of the Industrial Relations Act 1996 Decision: The appellant's application to admit fresh evidence in matters 2023/111695 and 2023/111704 is dismissed. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW - Appeal – Application to adduce fresh evidence – application of general principle –three conditions to be met before fresh evidence can be admitted - (1) evidence could not have been obtained with reasonable diligence for use at the trial; (2) high degree of probability that there would be a different verdict; (3) evidence must be credible – no special circumstances – evidence sought to be adduced not limited to fresh evidence - application dismissed Legislation Cited: Crimes (Forensic Procedures) Act 2000 Industrial Relations Act 1996, s 181, 187, 190A, 191 Cases Cited: CCH Australia Ltd v Bowen (1998) 79 IR 206 Cottle v NSW Commissioner of Police; Police Association of New South Wales v Commissioner of Police (NSW Police Force) [2020] NSWCA 159 Electrical Contractors Association New South Wales v Electrical Trades Union of Australia, New South Wales Branch [2003] NSWIRComm 404 Regan v Commissioner of Police [2023] NSWIRComm 1019 Regan v Commissioner of Police [2023] NSWIRComm 1027 Category: Procedural rulings Parties: James Charles Regan (Appellant) Commissioner of Police (Respondent) Representation: Counsel: Appellant in person M Minucci (respondent)