Commissioner of Police v Alyson Reid-Frost [2010] NSWIRComm 2

Industrial Relations Commission of New South Wales

CITATION: Commissioner of Police v Alyson Reid-Frost [2010] NSWIRComm 2 This decision has been amended. Please see the end of the judgment for a list of the amendments.

Commissioner of Police (Appellant) PARTIES: Alyson Reid-Frost (Respondent)

FILE NUMBER(S): IRC 582 and 1058 of 2009

CORAM: Walton J Vice-President at [1]; Kavanagh J at [1]; Haylen J at [69]

APPEAL - removal of police officer - application for review under s181E of Police Act - whether merits consideration of application undertaken - necessary to conduct merit review of parties cases - failure to address despite lengthy judgment - procedural fairness - applicability to applications for review under Police Act - relevant principles regarding procedural fairness issues - determination at first instance based on procedural failures - procedural failures not sufficient to warrant determination removal harsh, unreasonable and unjust - whether decision involved judicial review of administrative decision - finding that decision of that nature - determination made as to validity and whether decision had effect - appealable error - leave to appeal be granted - appeal upheld - remitter appropriate option subject to issue raised as to stay - application for two or three stage process to consider appropriate orders refused - application to call fresh evidence in that context or as such, if made, refused - stay not establish basis for not remitting - decision and orders at first instance quashed - not appropriate to have a simple remitter - directions issued with remitter - expedition granted. CATCHWORDS: HAYLEN J (dissenting) - process and merit considered at first instance - findings open on evidence - no error - significant failures in process adopted by Commissioner in removing police officer - importance of complying with process laid down by statute - requirement for Commissioner to take into consideration response from officer - discussion of extent of obligation to consider Response.