Bradley George Hosemans and NSW Police Service [2003] NSWIRComm 396

Industrial Relations Commission of New South Wales

CITATION : Bradley George Hosemans and NSW Police Service [2003] NSWIRComm 396 APPLICANT Bradley George Hosemans PARTIES : RESPONDENT NSW Police Service FILE NUMBER: IRC 1820 of 2003 CORAM: Haylen J Termination of employment - dismissal of police officer under the Commissioner's confidence provisions of Police Service Act - whether dismissal harsh, unreasonable or unjust for purpose of s 181E, Police Service Act - nature of "review" under s 181E - "review" not an appeal or a hearing de novo - Commission to decide whether Commissioner correct in reaching his decision to remove officer on evidence before Commissioner or such additional evidence permitted on review - nature of limitation on calling of fresh evidence under s 181F - history of legislative changes confirms nature of review as requiring speedy resolution of issues - alleged denial of procedural fairness in Commissioner's process - cured by full right of review - denial of procedural fairness not so fundamental as to be decisive of review - Commissioner's case relies on findings and observations of Magistrate in dismissed criminal proceedings - Magistrate's adverse findings and findings on credit accepted by Commissioner - approach on review to credit findings made in Local Court proceedings - removal of officer not harsh, unreasonable or unjust - application dismissed CATCHWORDS : Police - dismissal of police officer under the Commissioner's confidence provisions of Police Service Act - whether dismissal harsh, unreasonable or unjust for purpose of s 181E, Police Service Act - nature of "review" under s 181E - "review" not an appeal or a hearing de novo - Commission to decide whether Commissioner correct in reaching his decision to remove officer on evidence before Commissioner or such additional evidence permitted on review - nature of limitation on calling of fresh evidence under s 181F - history of legislative changes confirms nature of review as requiring speedy resolution of issues - alleged denial of procedural fairness in Commissioner's process - cured by full right of review - denial of procedural fairness not so fundamental as to be decisive of review - Commissioner's case relies on findings and observations of Magistrate in dismissed criminal proceedings - Magistrate's adverse findings and findings on credit accepted by Commissioner - approach on review to credit findings made in Local Court proceedings - removal of officer not harsh, unreasonable or unjust - application dismissed