Saliba and Commissioner of Police [2006] NSWIRComm 200

Industrial Relations Commission of New South Wales

CITATION: Saliba and Commissioner of Police [2006] NSWIRComm 200

APPLICANT PARTIES: Fouad (Fred) Saliba RESPONDENT Commissioner of Police

FILE NUMBER(S): 3812 of 2005

CORAM: Sams DP

Review of disciplinary action against police officer - transfer constitutes reviewable action - s173 order under the Police Act 1990 - whether order harsh, unreasonable or unjust - allegations of releasing confidential information to another police officer - potential to compromise sensitive investigation - allegations of misconduct - basis upon which s173 order made - whether misconduct was proven to requisite standard - whether other actions against applicant sufficient penalty - stress and humiliation -17 years record of service - command of other top level investigations - praise from superior officers - interests of the applicant - public interest - whether these interests are competing - relevant principles and authorities. CATCHWORDS: Held, identity of persons suppressed - concessions of witnesses - applicant did not disclose confidential information - investigation completed - investigation not compromised - further lines of inquiry unrelated to substantive investigation - misconduct not proven to requisite standard - penalty disproportionate to misconduct and therefore harsh - past service and character references taken into account - no impracticality to returning applicant to former command - interests of applicant balanced with public interest - order revoked.

LEGISLATION CITED: Industrial Relations Act 1996 Police Act 1990