Paul Gardiner and Commissioner of Police. Application by Paul Gardiner under s 181D of the Police Act 1990 for review of an order of the Commissioner of Police [2009] NSWIRComm 84

Industrial Court of New South Wales

CITATION: Paul Gardiner and Commissioner of Police. Application by Paul Gardiner under s 181D of the Police Act 1990 for review of an order of the Commissioner of Police [2009] NSWIRComm 84

FILE NUMBER(S): IRC 1392 of 2008

CORAM: Haylen J

CATCHWORDS: Police officer - termination of employment - review under s 181E Police Act 1990 - s 181D - s 181F - s 181G - officer involved in threatening behaviour while under the influence of alcohol - three incidents occur between 2007 and 2008 - similar conduct occurring between 2001 to 2004 - behaviour irrational and threatens self-harm and harm to police officers - conduct occurs while off-duty - refusal to accept assistance by way of rehabilitation - no effort made to arrange own counselling - medical evidence shows Post Traumatic Stress Disorder - irrational response to personal difficulties - officer arrested and interviewed in relation to alleged assault on partner's child - interim AVO issued - extensive period before investigation concluded and no charges laid - further period required to dissolve AVO - treatment by investigating police and allegation of child abuse play on officer's mind - alcohol used to relieve stress - Commissioner entitled to remove officer from Force - no lack of procedural fairness - not in public interest to reinstate officer - officer's reaction to stress and alcohol on return to Force unknown due to lack of participation in rehabilitation regime offered by Police Force - application refused

LEGISLATION CITED: Police Act 1990 Police Act 1990 , Pt 9, ss 181, 181F, 181G

Commissioner of Police v Dobbie (2006) 157 IR 44 CASES CITED: Commissioner of Police v Raymond Sewell [2008] NSWIRComm 147 at [7] Little v The Commissioner of Police (No 2) (2002) 112 IR 212