Prasad v Commissioner of Police [2023] NSWIRComm 1113

Industrial Relations Commission New South Wales Medium Neutral Citation: Prasad v Commissioner of Police [2023] NSWIRComm 1113 Hearing dates: 3, 4, 5 and 6 July 2023 Date of orders: 28 November 2023 Decision date: 28 November 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) —Allegations of misconduct— Application Dismissed Legislation Cited: Police Act 1990 (NSW) Cases Cited: Commissioner of Police, New South Wales Police Force v Zisopoulos [2020] NSWCA 236; 299 IR 314 Texts Cited: NIL Category: Principal judgment Parties: Pravinesh Raj Prasad (applicant)

Commissioner of Police, NSW Police Force (respondent) Representation: Counsel:

Mr G Doherty (applicant)

Mr J Darams (respondent)

Solicitors:

Walter Madden Jenkins (applicant)

Kingston Reid (respondent) File Number(s): 2022/00355885 Publication restriction: NIL

Decision 1. The applicant in these proceedings was a serving police officer with the NSW Police Force (the "Force") who was removed from his position as police of officer on 14 November 2022 (the "Removal") pursuant to an order (the "Order") made under s181D of the Police Act 1990 (the "Act"). 2. The Removal was based on the respondent's loss of confidence in the applicant's suitability to remain a police officer having regard to his conduct, integrity, performance and competence. 3. The applicant has sought a review challenging the Order by way of an application pursuant to s 181E of the Act, alleging that the order was harsh, unreasonable or unjust. 4. For the reasons set out in this decision, I have decided that the application be dismissed.