NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Richards and Commissioner of Police [2009] NSWIRComm 137
PARTIES: Shayne Richards (Applicant) Commissioner of Police (Respondent)
FILE NUMBER(S): IRC 1919 of 2007
CORAM: Marks J
CATCHWORDS: APPLICATION FOR REVIEW OF DECISION OF COMMISSIONER OF POLICE - Commissioner required to give applicant notice setting out grounds for loss of confidence - allegation of unauthorised secondary employment - applicant responded to notice - prior misconduct not contained in notice of grounds to applicant however were included in Commissioner's reasons for removal - applicant not given opportunity to respond to all grounds relied upon for removal - fundamental breach of 181D process - held failure to afford procedural fairness - held failure by Commissioner to comply with statutory regime by taking applicant's response into consideration - doubts about whether it is practicable to reinstate the applicant - insufficient evidence to enable consideration of appropriate relief - proceedings stood over
Industrial Relations Act 1996 s89 LEGISLATION CITED: Interpretation Act 1987 s48 Police Act 1990 ss181D, 181E, 181F, 181G
Budlong v NCR Australia Pty Ltd [2006] NSWIRComm 288 Hosemans v NSW Police (No 3) [2005] NSWIRComm 161 CASES CITED: Johnston v Commissioner of Police [2007] NSWIRComm 293 Little v Commissioner of Police (No 2) [2002] NSWIRComm 52 Toshack v Commissioner of Police [2009] NSWIRComm 31
HEARING DATES: 20, 21 and 22 April 2009 and 3 August 2009
DATE OF JUDGMENT: 18 August 2009
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