Toshack and Commissioner of Police [2008] NSWIRComm 150

Industrial Relations Commission of New South Wales

CITATION: Toshack and Commissioner of Police [2008] NSWIRComm 150

APPLICANT PARTIES: Ricci Allan Toshack RESPONDENT Commissioner of Police

FILE NUMBER(S): IRC 2235 of 2007

CORAM: Marks J

CATCHWORDS: APPLICATION FOR REVIEW OF AN ORDER FOR REMOVAL MADE BY COMMISSIONER OF POLICE - application for reinstatement - grounds for removal based on applicant's conduct and lack of integrity - applicant largely admitted allegations of misconduct and breach of integrity - disagreement over factual circumstances - applicant asserted his removal was harsh due to mitigating factors - personal circumstances - formidable body of support for applicant's reinstatement - applicant has suffered personally and professionally as a result of his errors - applicant allegedly conducted himself inappropriately on other occasions - failure by applicant to give evidence in a forthright and unequivocal manner - applicant's propensity to rationalise evidence reflects adversely on his integrity - applicant's evidence was inconsistent with the maintenance of high level of integrity expected of police officer - balance interests of applicant and public interest - serious misconduct - public interest demands honesty and integrity - applicant has acknowledged misconduct and expressed contrition and remorse - applicant has not discharged the burden of establishing that his removal from the Police Force was harsh unreasonable or unjust - application dismissed

LEGISLATION CITED: Industrial Relations Act 1996 Police Act 1990, s181E, 181D, 181F, 181G

Commissioner of Police v Brennan [2008] NSWIRComm 52 CASES CITED: Commissioner of Police v Evans [2006] NSWIRComm 170 Johnston v Commissioner of Police [2007] NSWIRComm 293