Hessenberger v Commissioner of Police [2010] NSWIRComm 24

Industrial Relations Commission of New South Wales

CITATION: Hessenberger v Commissioner of Police [2010] NSWIRComm 24

PARTIES: Shane Stanley Hessenberger (Appellant) Commissioner of Police (Respondent)

FILE NUMBER(S): IRC 971 of 2009

CORAM: Boland J President; Walton J Vice-President; Kavanagh J

CATCHWORDS: APPEAL - application for leave to appeal - application under s181E of the Police Act 1990 - seven grounds for removal - matter decided on grounds one and four - ground one: use of improper and inappropriate physical force on SM and engaging in inappropriate conduct towards him - findings as to ground one sustained in relation to conduct towards SM on bus save as to mitigation - mitigation case based on medical grounds failed - link not established between appellant's condition and conduct - conduct and behaviour of appellant on the bus warranted removal and decision below upheld in this respect - ground four: disposal of the ashes of the fire in circumstances where they might be of interest as potential evidence in investigations of misconduct of other police officers - decision below sustained in this respect - undertaking to resign on medical grounds if reinstated not alter conclusion - procedural failures not sufficent to constitute a proper basis for the grant of leave - not in the public interest to grant leave - leave to appeal refused - appeal dismissed.

LEGISLATION CITED: Crimes Act 1900 Police Act 1990

Alyson Reid-Frost v Commissioner of Police [2010] NSWIRComm 2 CASES CITED: Hessenberger v Commissioner of Police [2009] NSWIRComm 89 Little v Commissioner of Police (No 2) (2002) 112 IR 212