Bradley Eade-Smith v Commissioner of Police (No. 3) [2009] NSWIRComm 88

Industrial Relations Commission of New South Wales

CITATION: Bradley Eade-Smith v Commissioner of Police (No. 3) [2009] NSWIRComm 88

APPLICANT: Bradley Eade-Smith PARTIES: RESPONDENT: Commissioner of Police

FILE NUMBER(S): IRC 1445 of 2008

CORAM: Backman J

LEGISLATION CITED: Police Act 1990

CASES CITED: Bradley Eade-Smith and Commissioner of Police [2009] NSWIRComm 37 Reid-Frost v Commissioner of Police [2009] NSWIRComm 43

HEARING DATES: 3 April 2009 Written submission: 9 April 2009 and 6 May 2009

DATE OF JUDGMENT: 3 June 2009

APPLICANTS: Ms P Lowson of counsel Solicitors: Walter Madden Jenkins (Mr K Madden) LEGAL REPRESENTATIVES: RESPONDENT: Mr M Kimber of senior counsel with Mr B Cross of counsel Solicitors: Deacons (Ms S Woodward)

JUDGMENT:

- 7 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: BACKMAN J

Wednesday, 3 June 2009

Matter No IRC 1445 of 2008

BRADLEY EADE-SMITH AND COMMISSIONER OF POLICE

Application by Bradley Eade-Smith for review of an order under section 181E of the Police Act 1990

DECISION OF THE COMMISSION

[2009] NSWIRComm 88

1 The applicant has sought production of materials by way of a notice to produce dated 31 March 2009. The respondent objects to production of those materials. 2 In an earlier notice to produce dated 26 March 2009 the applicant sought documents falling within the following paragraphs: Any document including but not limited to any diary or file notes who any person who attended any meeting and/or telephone conference at which any of the following were considered, discussed or referred to: (a) Preparation of the two volumes of the Commissioner's confidence submission (CCS) (b) If different to (a) preparation of the "Documentation supporting the Notice" as referred to in the document signed inter alia by Robyn Forest on 3 June 2008 (c) Preparation in issue of the section 181D Notice signed by Commissioner Scipione on 4 June 2008 (d) Applicant's response to the section 181D Notice as provided under cover of letter from Walter Madden Jenkins, solicitors dated 28 July 2008 (e) Medical discharge application signed by Commander Commins on 24 July 2008 (f) Decision by Acting Commissioner Owens to proceed with section 181D on 31 July 2008 (g) Preparation in issue of the section 181D Order and Statement of Reasons by Commissioner Scipione on 14 August 2008 3 In response to that earlier notice to produce, the respondent produced diary notes of Mr Rod Pratt, an employee of the respondent attached to the Employment Management Branch (EMB). No other documents were produced. 4 Mr Pratt's notes reveal that the following matters were attended to by him on 31 July 2008: · At 2pm Mr Pratt attended a meeting with Acting Commissioner of Police Owens, general counsel, and Ms Karen McCarthy.