CHIDGEY v THE COMMISSIONER OF POLICE [1998] NSWCA 58

CHIDGEY v COMMISSIONER OF POLICE

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

POWELL, COLE and STEIN JJA 28 April 1998, 28 April 1998 [1998] NSWCA 58

APPEAL from a decision of the Government and Related Employees Appeal Tribunal (GREAT) — appointment to a position of employment based upon merit — consideration by GREAT of integrity of police officer — consideration of onus of proof before GREAT. Held: appeal restricted to a question of law (s54 GREAT Act 1980) — GREAT correctly applied the relevant "real possibility" test regarding police integrity as outlined in Waters & Anor v Police Board of NSW (1989) 34 IR 146 — Police Service Act 1990 (NSW); Briginshaw v Briginshaw (1938) 60 CLR 336 followed. Held: GREAT correctly applied the test of: whether there was a real possibility that the officer had taken part in dishonest activity, or had known of it. And if so, it was reasonable to entertain a real suspicion of dishonesty affecting integrity — as outlined in Waters.

Cole JA Detective Senior Sergeant Chidgey has appealed from the majority decision of the Government and Related Employees Appeal Tribunal (the Tribunal), which rejected his appeal against the decision of the Selection Committee which had determined that Detective Senior Sergeant Grimmond had the greatest merit for appointment to the position of Inspector, Co-ordinator, Major Crime Squad South. The appeal to this Court is restricted to an appeal

from a "decision of the Tribunal on a question of law".

BACKGROUND TO THE APPEAL

S71 Police Service Act 1990 requires the Commissioner of Police to appoint to the relevant vacant position the police officer "who has the greatest merit". Merit" is defined in s3(1) Police Service Act to mean:

"(a) the possession by the person of qualifications determined in respect of the position by the Commissioner, and