Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales & Anor v Commissioner of Police [2007] NSWIRComm 298

Industrial Relations Commission of New South Wales

CITATION: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales & Anor v Commissioner of Police [2007] NSWIRComm 298

First Applicant: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales

PARTIES: Second Applicant: Stephen Dabrowski

Respondent: Commissioner of Police

FILE NUMBER(S): 296 of 2007

CORAM: Backman J

CATCHWORDS: Declaratory relief - s154 of the Industrial Relations Act 1996 - Part 2.7 of the Public Sector Employment and Management Act 2002 - interpretation - statutory construction - suspension from duty without pay following criminal charge - charge dismissed - salary withheld during period of suspension forfeited to State after misconduct unrelated to the subject matter of the charge proven and disciplinary action taken - Held: salary withheld is not forfeit to the State - declaratory orders made - interest - costs

Crimes Act 1900 Industrial Relations Act 1996 LEGISLATION CITED: Proceeds of Crime Act 1987 (Cth) Public Sector and Employment Management Act 2002 Public Service Act 1992 (Cth)

Beckwith v R (1976) 135 CLR 569 Chate v Commissioner of Police (1997) 76 IR 70 CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384 Director of Public Prosecutions v Logan Park Investments Pty Ltd and Another (1995) 132 ALR 449 Dixon v Commonwealth (1981) 55 FLR 34 CASES CITED: Everingham v Director-General of Education (1993) 31 ALD 741 Lewis v Heffer [1978] 3 All ER 354 Police Association of NSW v Commissioner of Police (2002) 123 IR 301 Public Service Board (NSW) v Public Service Australia (NSW) (1986) 14 IR 445 R v Cole and others, ex parte Dixon 27 ACTR 13 State Transit Authority (NSW) v Seamen's Union of Australia (1994) 53 IR 349