Johnston v Commissioner of Police [2007] NSWIRComm 73

Industrial Relations Commission of New South Wales

CITATION: Johnston v Commissioner of Police [2007] NSWIRComm 73 This decision has been amended. Please see the end of the judgment for a list of the amendments.

Applicant: Peter Glenn Johnston PARTIES: Respondent: Commissioner of Police

FILE NUMBER(S): IRC 2066 of 2006

CORAM: Backman J

CATCHWORDS: Application for review of an Order of the Commissioner of Police - Police Act 1990 - removal of applicant under s 181D of the Police Act - allegations of misconduct by reason of several instances of illegal access to NSW Police computerised information system (COPS) - conduct exacerbated by a number of factors including untruthfulness in relation to reasons for access and compromising the position of more junior police officers - earlier police detection of initial accesses managed by way of Conduct Management Plan (CMP) - later accesses arranged by applicant while on CMP - applicant charged and convicted in relation to later accesses - applicant severely depressed at the time of later accesses - whether consequences of removal harsh or too severe - whether or not "practicable" to reinstate the applicant - weighing up competing interests of applicant and public interest - removal found not to be harsh, unreasonable or unjust - application dismissed.

Crimes Act 1900 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Industrial Relations Act 1996 Police Act 1990

Bradley George Hosemans v Commissioner of Police (No 2) (2004) 138 IR 159 Cassel v Commissioner of Police [2003] NSWIRComm 73 Commissioner of Police v Dobbie (2006) 157 IR 44 CASES CITED: Director of Public Prosecutions v Jody Maree Morante (unreported, Local Court, 6 May 1998) Little v Commissioner of Police (No. 2) (2002) 112 IR 212 Martin Evans v NSW Police [2005] NSWIRComm 404 Metropolitan Meat Industry Board v Australasian Meat Industry Employees' Union, New South Wales Branch [1973] AR 231