Bradley George Hosemans v Commissioner of Police [2004] NSWIRComm 253

Industrial Relations Commission of New South Wales in Court Session

CITATION : Bradley George Hosemans v Commissioner of Police [2004] NSWIRComm 253 APPELLANT: Bradley George Hosemans PARTIES : RESPONDENT: Commissioner of Police FILE NUMBER: IRC 7064 of 2003 CORAM: Walton J Vice-President; Boland J; Staunton J CATCHWORDS : Application for leave to appeal and appeal - leave to appeal granted - appeal upheld - matter remitted for re-hearing - reasons for decision - leave to intervene granted to Police Association - nature of the review as provided under Division 1C of Part 9 of the Police Act 1990 - legislative history and intent in relation to the process of review under the Police Act - review of an order to remove a police officer should be conducted in a manner similar to hearings with respect to an application for relief from unfair dismissal under Part 6 of Chapter 2 of the Industrial Relations Act 1996 subject only to modifications specified in s181F - applicatation of provisions of s181F in relation to admission of new evidence - Commission to make fresh and independent review decision based on material before the Commissioner as well as any new evidence admitted - matter to be remitted for programming and directions as required.

Police Act 1990 formerly the Police Service Act 1990 Crimes Act 1900 LEGISLATION CITED : Industrial Relations Act 1996 Police Service Amendment Act 1995 Police Legislation Further Amendment Act 1996 Supreme Court (Summary Jurisdiction) Act 1967 Gibson v Bomac (1995) 130 ALR 245 Van Huisstede v Commissioner of Police (2000) 98 IR 57 Little v Commissioner of Police (No 2) (2002) 112 IR 212 Newton v Commissioner of Police (No 1) (1998) 85 IR 119 Box Valley Pty Ltd v Price (2000) 97 IR 484 Starr v Commissioner of Police [2001] NSWIRComm 226 Pastrycooks Employees, Biscuit Makers Employees and Flour and Sugar Goods Workers Union (NSW) v Gartrell White (No 3) (1990) 35 IR 70 APESMA v Deniliquin Council (1995) 129 ALR 418 Briginshaw v Briginshaw (1938) 60 CLR 336 Newton v The Commissioner of Police (No 2) (1999) 87 IR 66 Commissioner of Police v Donlan and Hanson (Court of Appeal, unreported, 20 June 1995) CASES CITED : Van Huisstede v Commissioner of Police (No 2) (2001) 106 IR 56 Browne v Dunn (1893) 6 R 67 Wells v Commissioner of Police (2000) 100 IR 106 Giardini v Commissioner of Police [2001] NSWIRComm 333 Miller v Commissioner of Police [2002] NSWIRComm 296 Cassel v Commissioner of Police [2003] NSWIRComm 73 Abboud v The State of New South Wales (Department of School Education) (1999) 92 IR 32 Boston Clothing Co Pty Ltd v Margaronis (1992) 27 NSWLR 580 Rohatgi v Medical Tribunal of NSW BC 9402485 - (Court of Appeal) 20 April 1994 Re Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales and Macquarie Generation [2004] NSWIRComm 11 WorkCover Authority of NSW (Inspector Keenan) v Lucon (Australia) Pty Limited (2002) 112 IR 332