Commissioner of Police v Dobbie [2006] NSWIRComm 285

Industrial Relations Commission of New South Wales

CITATION: Commissioner of Police v Dobbie [2006] NSWIRComm 285

APPELLANT Commissioner of Police PARTIES: RESPONDENT Brett John Dobbie

FILE NUMBER(S): IRC 2157 of 2006

CORAM: Wright J President; Walton J Vice-President; Boland J

Appeal - Leave to Appeal - Police - Police officer removed under s 181D of Police Act 1990 - Removal found to be harsh at first instance - Officer reinstated subject to condition that he not consume alcohol and that he subject himself to random testing at any time - Whether judge at first instance erred in holding he could consider undertaking by officer that he would not consume alcohol - Whether conditions imposed on officer were ultra vires - Whether judge at first instance erred in his discretion to impose conditions - Whether judge at first instance erred in holding removal of officer was harsh - Leave to appeal granted - No appealable error - Amendment to conditions - Appeal dismissed CATCHWORDS: Police - Appeal - Leave to Appeal - Police officer removed under s 181D of Police Act 1990 - Removal found to be harsh at first instance - Officer reinstated subject to condition that he not consume alcohol and that he subject himself to random testing at any time - Whether judge at first instance erred in holding he could consider undertaking by officer that he would not consume alcohol - Whether conditions imposed on officer were ultra vires - Whether judge at first instance erred in his discretion to impose conditions - Whether judge at first instance erred in holding removal of officer was harsh - Leave to appeal granted - No appealable error - Amendment to conditions - Appeal dismissed