NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Michael James Flanagan v Commissioner of Police [2008] NSWIRComm 11
APPLICANT: PARTIES: Michael James Flanagan RESPONDENT: Commissioner of Police
FILE NUMBER(S): IRC 1363 of 2007
CORAM: Staunton J
CATCHWORDS: Application for review of an Order under section 181E of the Police Act 1990 - removal of applicant under s 181D of the Police Act on the basis of conduct and integrity - two charges of off-duty assault involving members of the public - unauthorised accesses of the Computerised Operational Policing System (COPS) in relation to the assault charges and generally - relevant principles - held mitigating circumstances as alleged in assault not established - findings as to applicant's credibility and integrity - prior authorities regarding COPS access considered - held public interest considerations outweigh applicant's interests - removal not too harsh in all the circumstances - application for reinstatement refused.
Crimes Act 1900 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Evidence Act 1995 Police Act 1990
Hosemans v Commissioner of Police (2004) NSWIRComm 253 Johnston v Commissioner of Police (2007) NSWIRComm 73 Johnston v Commissioner of Police (2007) NSWIRComm 293 CASES CITED: Little v Commissioner of Police (No 2) (2002) 112 IR 212 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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