New South Wales Crime Commission v Police Integrity Commission; Giorgiutti v Police Integrity Commission [2011] NSWSC 443

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Police Integrity Commission; Giorgiutti v Police Integrity Commission [2011] NSWSC 443 Hearing dates: 14/04/2011, 15/04/2011 Decision date: 17 May 2011 Jurisdiction: Common Law Before: Rothman J Decision: (i) The Police Integrity Commission shall not, in conducting the investigation, the scope and purpose of which was announced on 13 December 2010, investigate the practice or practices of re-engagement of persons previously retired from public service or the allegedly misleading statement contained in a letter from the Minister for Police to the Treasurer relating to the supervision of costs orders by the Supreme Court of New South Wales; (ii) The parties be granted liberty to apply in relation to the form of orders reflecting these reasons for judgment and any ancillary orders, including any order as to any stay in force or costs; (iii) Otherwise the proceedings are dismissed. Catchwords: ADMINISTRATIVE LAW - Police Integrity Commission - subject matter of investigation - test whether connected with misconduct - past, present or likely future misconduct may be investigated - an expected outcome of prevention may allow for an investigation if, in fact, sufficiently connected with allegations of past, present or likely future misconduct Legislation Cited: Criminal Assets Recovery Act 1990 New South Wales Crime Commission Act 1985 Occupational Health and Safety Act 2000 Police Integrity Commission Act 1996 Public Sector Employment and Management Act 2002 Cases Cited: International Finance Trust Company Limited v New South Wales Crime Commission [2009] HCA 49; (2009) 240 CLR 319 International Finance Trust Company Ltd v New South Wales Crime Commission (No 2) [2010] NSWCA 46 Kirk v Industrial Commission of New South Wales [2010] HCA 1; (2010) 239 CLR 531 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; (1986) 162 CLR 24 Police Integrity Commission v Shaw [2006] NSWCA 165; (2006) 66 NSWLR 446 R v Australian Stevedoring Industry Board; Ex parte Melbourne Stevedoring Co Pty Ltd [1953] HCA 22; (1953) 88 CLR 100 Re Coldham Ex Parte Brideson [1989] HCA 2; (1989) 166 CLR 338 Category: Principal judgment Parties: 2011/54085: New South Wales Crime Commission (Plaintiff) Police Integrity Commission (Defendant)