DODGE v COMMISSIONER OF POLICE [1989] NSWCA 66

DODGE v COMMISSIONER OF POLICE

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

GLEESON CJ, SAMUELS and CLARKE JJA 5 April 1989

[1989] NSWCA 66

POLICE TRIBUNAL — departmental charges — particulars of alleged "misconduct punishable by law' — no prosecution for offences — time for commencement of criminal proceedings statute barred Held: (1) The Police Tribunal had jurisdiction to deal with the matters alleged as departmental charges. (2) There was no basis on the material before the Court for concluding that the proceedings involved an abuse of process or should be stayed. WORDS AND PHRASES "misconduct punishable by law" Police Regulation Act 1899 Police Regulation (Allegations of Misconduct) Act 1978 Police Rules 1977

Gleeson CJ The claimant, Susanne Joy Dodge, is a member of the New South Wales Police Force. During 1987, in the course of a departmental investigation, a search was made of residential premises occupied by the claimant. The investigation, or consideration of the results of the investigation, apparently continued until May 1988. In May 1988 the complainant was charged with three departmental charges of misconduct. In short, the charges alleged possession and use of prohibited drugs contrary to s10, sll, and s12 of the Drug Misuse and Trafficking Act 1985. Each charge made specific reference to the provisions of Police R11(g). The particulars of the charges alleged that the misconduct occurred on various dates between 24 April 1987 and 12 September 1987.

The claimant has never been prosecuted under the Drug Misuse and Trafficking Act. It was common ground in the proceedings that a prosecution for the alleged offences as specified in the departmental charges would have been statute-barred as at the date when the departmental charges were preferred against the claimant. Such prosecution would have had to be commenced within six months of the date of the alleged offences. (See Justices Act 1902 s56 and Drug Misuse and Trafficking Act 1985 s9).