NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Harrison v Commissioner of Police [2006] NSWIRComm 319
Applicant: Glen Arnold Harrison PARTIES: Respondent: Commissioner of Police
FILE NUMBER(S): IRC 6314 of 2003
CORAM: Backman J
CATCHWORDS: Application for review of an order of the Commissioner of Police - Police Act 1990 - removal of applicant by Commissioner under s 181D of the Police Act - allegations of false conduct - conversation between applicant and second party covertly recorded by second party - whether continuity of alleged original recording - whether alleged original recording reliable - whether alleged original recording subjected to adequate expert analysis - whether second party had a lawful interest under the Listening Devices Act 1984 at the time of the covert recording - whether removal harsh unreasonable or unjust - removal found to be harsh unreasonable or unjust - reinstatement ordered.
Evidence Act 1995 LEGISLATION CITED: Industrial Relations Act 1996 Listening Devices Act 1984 Police Act 1990
Bradley George Hosemans v Commissioner of Police (No 2) (2004) 138 IR 159 Briginshaw v Briginshaw (1938) 60 CLR 336 Commissioner for Railways (N.S.W.) v Young (1962) 106 CLR 535 CASES CITED: Commissioner of Police v Dobbie [2006] NSWIRComm 285 Martin Evans v NSW Police [2005] NSWIRComm 404 See v Hardman & Anor [2002] NSWSC 234 Starr v Commissioner of Police [2001] NSWIRComm 226 Young v The Commissioner for Railways [1962] SR (NSW) 647
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