Reid-Frost and Commissioner of Police [2009] NSWIRComm 43

Industrial Relations Commission of New South Wales

CITATION: Reid-Frost and Commissioner of Police [2009] NSWIRComm 43 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT Alyson Reid-Frost PARTIES: RESPONDENT Commissioner of Police

FILE NUMBER(S): IRC 814 of 2008

CORAM: Marks J

CATCHWORDS: Application by police officer under s 181E of the Police Act for review of decision of Commissioner of Police to remove her from police service – held notice to police officer did not comply with s 181D(3)(a) – held Commissioner did not take into consideration written submissions as required by s 181D(3)(c) – held order for removal did not contain reasons required by s 181D(4) – held that some of the matters relied on by Commissions were inaccurate or incorrect – opinion of supervising officer as to the applicant's personality and temperament not incorrect – held that removal of applicant was harsh, unreasonable and unjust – order for reinstatement and payment of lost remuneration – costs reserved.

LEGISLATION CITED: Industrial Relations Act 1996 s89 Police Act 1990 s173, s181D, s181E, s181F, s181G

Blackadder v Ramsey Butchering Services Pty Ltd (2005) 221 CLR 539 Budlong v NCR Australia Pty Ltd [2006] NSWIRComm 288 CASES CITED: Hosemans v the Commissioner of Police [2004] NSWIRComm 253 Hosemans v NSW Police (No 3) [2005] NSWIRComm 161 Little v Commissioner of Police (No 2) [2002] NSWIRComm 52 Van Huisstede v Commissioner of Police (2000) 98 IR 57