NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION : Wells and Commissioner of Police [2000] NSWIRComm 157 APPLICANT Mervyn Cecil Wells PARTIES : RESPONDENT Commissioner of Police FILE NUMBER: IRC944 of 1999 CORAM: Peterson J CATCHWORDS : Order for removal of police officer - reliance in order on conduct and competence - officer assaulting a member of the public - significance of depressive illness or disorder - whether s181D procedure is apt in circumstances of illness in remission - finding that such procedure inappropriate - dismissal in circumstances harsh - order of reinstatement justified - order made. Police Service Act 1990 - ss181D 181E 181F LEGISLATION CITED : Industrial Relations Act 1996 Mental Health (Criminal Procedure) Act 1990 Newton v the Commissioner of Police (1998) 85 IR 119, Judgment on appeal (1999) 87 IR 66 Re Hunt, Ex parte Sean Investments Pty Ltd (1979) 53 ALJR 552 at 554.7 CASES CITED : R v Toohey, Ex parte Meneling Station Pty Ltd (1982) 158 CLR 327 at 333 Clarke v Howard (1993) 42 FCR 369 at 386.9 Edwards v Guidice and ors 169 ALR 89 at 91-92 Byrne v Australian Airlines Ltd (1995) 185 CLR 410 at 465 HEARING DATES: 06/19/2000; 06/20/2000 DATE OF JUDGMENT: 08/18/2000
APPLICANT Mr B Docking of counsel SOLICITOR Walter Madden Jenkins Solicitors SYDNEY.
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