Robert Whyte and Commissioner of Police [2010] NSWIRComm 84

Industrial Relations Commission of New South Wales

CITATION: Robert Whyte and Commissioner of Police [2010] NSWIRComm 84

APPLICANT Robert Whyte PARTIES: RESPONDENT Commissioner of Police

FILE NUMBER(S): IRC 191 and 1260 of 2009

CORAM: Sams DP

POLICE ACT 1990 – application for a review of two orders of the Commissioner of Police made under s 173 of the Act – reduction in increment from Sergeant Level 7/8 to Senior Constable Level 6 – officer of 20 years standing – two orders identical – sixteen issues investigated – allegations of unauthorised COPS access for personal purposes – allegations of harassment of a member of the public – failure to declare conflict of interest – alleged untruthfulness in directed interviews – use of police resources for personal reasons without permission – wearing of police uniform to a Tribunal – incorrect or misleading entries in mandatory training records – falsification of firearms training scores – failure to enter custody records for four juvenile persons – failure to enter custody record for arrested person – alleged viewing of strip search – inconsistencies between applicant's interview and email – breakup in relationship between applicant and another officer – date which applicant knew of former partner's new relationship – applicant's explanations and reasons for conduct – whether explanations believable – Investigators appointed to investigate various issues – directed interviews with applicant – Investigators found all allegations proven on the balance of probabilities – whether Investigators fair, independent and unbiased – whether applicant denied access to relevant documents – applicant provide detailed responses to notices – allegations of procedural unfairness – whether decision maker failed to give consideration to relevant matters – whether decision maker failed to have proper regard for applicant's responses – whether decision maker misdirected himself or was misdirected by others – relevance of the use of the term 'integrity' in notices and orders – failure to follow mandatory procedures – failure to take account of Industrial Relations Commission decisions and precedents – subpoenaed documents – conflict in witness evidence – consideration of criminal investigation – decision maker concludes all allegations proven on balance of probabilities – applicant in breach of various Police Codes, Policies, Guidelines and relevant provisions of the Police Act and other Acts – criminal investigation of untruthfulness not pursued – orders made to reduce applicant's rank and increment – whether orders 'harsh, unreasonable or unjust' or 'beyond power' – principles of review proceedings considered – applicant seeks revocation of orders – competing interests of applicant and public interest – character references and long period of excellent service. CATCHWORDS: