NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Morgan and Commissioner of Police [2009] NSWIRComm 184
PARTIES: Jamie Morgan (Applicant) Commissioner of Police (Respondent)
FILE NUMBER(S): IRC 2192 of 2008
CORAM: Marks J
CATCHWORDS: APPLICATION FOR REVIEW UNDER S 181E OF POLICE ACT 1990 - removal of applicant based on conduct and integrity - fresh and independent review of Commissioner's decision - process adopted by investigator inappropriate - held some grounds for removal unfounded - unauthorised access of the Computerised Operational Policing System (COPS) - consideration of factors in determining whether removal harsh, unreasonable or unjust - consideration of matters going to integrity - public interest and importance of integrity of police force - application dismissed
LEGISLATION CITED: Police Act 1990 - s 169A, s 181D, s 181E, s 181F
Annetts v McCann [1990] HCA 57; (1990) 170 CLR 596 Commissioner of Police for New South Wales v Industrial Relations Commission of New South Wales and Raymond Sewell [2009] NSWCA 198 CASES CITED: Hosemans v Commissioner of Police [2004] NSWIRComm 253 Little v Commissioner of Police (No 2) [2002] NSWIRComm 52 Szbel v Minister for Immigration and Multicultural Affairs and Indigenous Affairs [2006] HCA 63; (2006) 228 CLR 152
HEARING DATES: 17 - 20 August 2009 and 7 & 19 September 2009 (written submissions)
DATE OF JUDGMENT: 6 November 2009
Mr T Edwards of counsel (Applicant) Solicitor: Harris Wheeler Lawyers LEGAL REPRESENTATIVES: Mr B Cross of counsel (Respondent) Solicitor: Deacons
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