NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Flanagan v Commissioner of Police [2009] NSWIRComm 106
Applicant: PARTIES: Michael James Flanagan Respondent: Commission of Police
FILE NUMBER(S): IRC1363 of 2007
CORAM: Kavanagh J
CATCHWORDS: Application for review of an Order under section 181E of the Police Act 1990 - removal of applicant under s 181D of the Police Act on the basis of conduct - two charges - off-duty assault involving members of the public - unauthorised accesses of the Computerised Operational Policing System (COPS) in relation to the assault charges and generally - consideration of asserted mitigating circumstances re assault - held public interest considerations outweigh applicant's interests - removal not harsh in all the circumstances - application for reinstatement refused.
Crimes Act 1900 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Industrial Relations Act 1996 Police Act 1990
Commissioner of Police v Dobbie [2006] NSWIRComm 285 Flanagan v Commissioner of Police [2008] NSWIRComm 138 Hosemans v Commissioner of Police (No 2) (2004) 138 IR 159 CASES CITED: Little v Commissioner of Police (No 2) (2002) 112 IR 212 Newton v Commissioner of Police (No 2) (1999) 87 IR 66 Starr v Commissioner of Police [2001] NSWIRComm 226 Toshack v Commissioner of Police [2009] NSWIRComm 31 Van Huisstede v Commissioner of Police (2000) 98 IR 57
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