NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Toshack v Commissioner of Police [2009] NSWIRComm 31
APPELLANT: Ricci Allan Dallas Toshack PARTIES: RESPONDENT: Commissioner of Police
FILE NUMBER(S): IRC 1969 of 2008
CORAM: Boland J President; Walton J Vice-President; Staff J
APPEAL - Police - Police officer removed on basis that Commissioner of Police had lost confidence in the officer - Officer had deliberately lied to Police Prosecutor as to the reasons why Local Court proceedings should be adjourned - Prosecutor unwittingly conveyed lie to Court in seeking an adjournment - At first instance removal held not to have been harsh - Police officer appealed - Integrity - Character evidence - Serious misconduct - Credibility of appellant - Appeal dismissed CATCHWORDS: POLICE - Police officer removed on basis that Commissioner of Police had lost confidence in the officer - Officer had deliberately lied to Police Prosecutor as to the reasons why Local Court proceedings should be adjourned - Prosecutor unwittingly conveyed lie to Court in seeking an adjournment - At first instance removal held not to have been harsh - Police officer appealed - Integrity - Character evidence - Serious misconduct - Credibility of appellant - Appeal dismissed
LEGISLATION CITED: Industrial Relations Act 1996 Police Act 1990
Alexander v Commissioner of Police [2009] NSWIRComm 3 Austin v NF Importers [2005] NSWIRComm 136; (2005) 146 IR 113 Box Valley Pty Ltd v Price [2000] NSWIRComm 117; (2000) 97 IR 484 Briginshaw v Briginshaw (1938) 60 CLR 336 Commissioner of Police and Raymond Sewell [2008] NSWIRComm 147 Fox v Percy [2003] HCA 22; (2003) 214 CLR 118 CASES CITED: Greg Anderson and Karen Lansdell [2008] NSWIRComm 179 Hosemans v Commissioner of Police (No 4) [2005] NSWIRComm 409; (2005) 150 IR 263 Little v Commissioner of Police (No 2) [2002] NSWIRComm 52; (2002) 112 IR 212 Metropolitan Meat Industry Board v Australasian Meat Industry Employees' Union, New South Wales Branch [1973] AR 231 O'Reilly v Law Society of New South Wales (1988) 24 NSWLR 204 Raymond Sewell v New South Wales Police Force. Application by Raymond Sewell for review of an order under s 181E of the Police Act 1990 [2008] NSWIRComm 93 Toshack and Commissioner of Police [2008] NSWIRComm 150
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