NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Stuart Boyd Formston v New South Wales Police [2006] NSWIRComm 88
APPLICANT: Stuart Boyd Formston PARTIES: RESPONDENT: New South Wales Police
FILE NUMBER(S): IRC 5487 of 2005
CORAM: Staunton J
CATCHWORDS: Removal of police officer - review of order - whether removal was harsh, unreasonable or unjust - relevant principles - onus and standard of proof in review proceedings - applicant charged with offence of assault while intoxicated and off duty - on appeal offence proven but no conviction recorded - detailed and careful consideration of CCTV footage of the incident leading to removal - complainant's assertion regarding number of assaults not established to requisite standard - other officers convicted of assault and not dismissed from Police Service not such as to be relevantly compared - unchallenged personal and professional testimonial material favouring applicant found to be of considerable weight - consideration of economic and personal consequences of removal upon applicant - consideration of NSW Police Code of Conduct and Ethics - credibility of applicant - Commissioner's adverse conclusion as to applicant's candour and honesty unreasonable in all the circumstances - removal found to be too harsh - applicant's interests found to outweigh public interest considerations - reinstatement with no back pay ordered.
Crimes Act 1900 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Police Act 1990
Byrne v Australian Airlines Limited (1995) 185 CLR 410 Dangerfield v Commissioner of Police (2003) NSWIRComm 96 Evans v New South Wales Police (2005) NSWIRComm 404 Hosemans v Commissioner of Police (2004) NSWIRComm 253 CASES CITED: Little v Commissioner of Police (No 2) (2002) 112 IR 212 Metropolitan Meat Industry Board v Australasian Meat Industry Employees' Union, New South Wales Branch [1973] AR 231 New South Wales Bar Association v Livesey [1982] 2 NSWLR 231 Newton v Commissioner of Police (No 2) (1999) 87 IR 66 Starr v Commissioner of Police (2001) NSWIRComm 226 Wang v Crestell Industries Pty Limited (1997) 73 IR 454
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