NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Steven Probst and Commissioner of Police [2009] NSWIRComm 114
APPLICANT (respondent to Motion) Steven Probst PARTIES: RESPONDENT (applicant on Motion) Commissioner of Police
FILE NUMBER(S): IRC 287 of 2009
CORAM: Sams DP
SUMMONS TO PRODUCE - investigation and adverse findings - s 173 order of reviewable action - disciplinary transfer of senior constable - substantive proceedings - notice of motion - orders sought to set aside parts of summons to produce - apparent relevance to issues to be determined - whether documents could throw light on issues to be determined - 'fishing' exercise - abuse of process - no legitimate forensic purpose - vague and uncertain - s 173(5) obligations on Commissioner of Police - principles considered. CATCHWORDS: NOTICE OF MOTION - motion to set aside part of summons to produce - C@tsi file is the complete record of all documents relevant to a complaint against a police officer - primacy given to C@tsi file - few, if any, occasion complete file ought not be produced - obvious apparent relevance - documents may throw light on issues to be determined - s 181D process directly relevant by reason of same facts and circumstances leading to s 173 order - template documents should be produced - summonsed documents have legitimate forensic purpose - no abuse of process - summons not vague or unclear - notice of motion dismissed in whole.
LEGISLATION CITED: Police Act 1990 Police Regulation 2008
Bigg v New South Wales Police Service (No. 2) (1998) 80 IR 434 Bradley Eade-Smith v Commissioner of Police [2009] NSWIRComm 37 Burge v NSW BHP Steel Pty Ltd (2001) 105 IR 324 Byrne v Australian Airlines Ltd (1995) 185 CLR 410 Daniel Skelly and Commissioner of Police [2009] NSWIRComm 70 CASES CITED: Gus Viera and Commissioner of Police [2009] NSWIRComm 115 Hosemans v Commissioner of Police (No 4) (2005) 150 IR 263 John Lysaght (Australia) Limited v Federated Ironworkers' Association; re York (1972) AILR 517 Newton v NSW Police Service (1999) 87 IR 66 Patten v Justice of the Peace, Redfern Court; Wells and Keen (1986) 22 A Crim R 94 Van Huisstede v Commissioner of Police (No 1) (2000) 98 IR 57
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate