Boguljub Branezac and Department of Juvenile Justice [2013] NSWIRComm 1007

Industrial Relations Commission New South Wales Medium Neutral Citation: Boguljub Branezac and Department of Juvenile Justice [2013] NSWIRComm 1007 Hearing dates: 26 September 201227 September 2012 Decision date: 16 May 2013 Before: Tabbaa C AM Decision: Appeal Disallowed Catchwords: Use of more force than reasonably necessary; Fine imposed of $3000; Notification to CCYP; Duty of care to employees and to the juveniles in its care. Legislation Cited: Commission for Children and Young People Act 1998 (NSW) Children (Detention Centres) Regulation 2010 Public Sector Employment and Management Act 2002 Ombudsman Act 1974 Category: Principal judgment Parties: Applicant: Boguljub Branezac Respondent: Department of Juvenile Justice Representation: Ms E Brus (Respondent) Mr N Keats (Applicant) McNally Jones Staff File Number(s): IRC 601 of 2012

DECISION 1Mr Boguljub Branezac, 27, is employed by the Director General of the Department of Attorney General and Justice through his delegate the Chief Executive of Juvenile Justice as a Youth Officer ("YO") at the Reiby Juvenile Justice Centre ("JJC"). 2On 26 December 2011, Mr Branezac was the Assistant Unit Manager assigned to the Macarthur Unit on Reiby JJC when an incident occurred with a detainee which resulted in use of force by the Appellant. 3The Appellant was advised by the then Chief Executive, in a letter dated 12 January 2012, of allegations that he had used more force than was reasonably necessary in the circumstances upon that detainee. The Appellant was also advised that the Respondent intended to deal with the allegation as a disciplinary matter and advised of the options available to it. 4Given the serious nature of the allegations against him, the Appellant was suspended from duty with pay from the date of that letter until the allegations were finalised. 5An investigator was appointed to deal with the allegations and a copy of the CCTV footage was supplied to assist with that investigation. 6On 22 March 2012, the then Chief Executive wrote to the Appellant and advised that the investigation had revealed that he had engaged in misconduct with respect to one of the two allegations. The Appellant was provided with 14 days to make a submission and/or to provide any additional information he wished to have considered prior to disciplinary action being imposed. 7The Appellant provided written submissions during a Show Cause Interview with the current Chief Executive held on 11 April 2012. 8On 30 April 2012, the current Chief Executive wrote to the Appellant advising that the allegation had been sustained and that she had decided to take the following disciplinary action: Impose a fine of $3000.00, deductible from the Appellant's pay in instalments of $150.00 in each of twenty consecutive pay periods. That the Appellant be referred to Juvenile Justice's Employee Risk Assessment Committee for ongoing monitoring of his conduct and performance. 9The Appellant was also advised that the matter would be reported to the Commission for Children and Young People as a relevant employment proceeding as required by section 39 of the Commission for Children and Young People Act 1998 (NSW). 10The Respondent submitted that the penalties taken are appropriate considering all of the circumstances outlined below. 11The Appellant is seeking orders removing the fine and the notification to the Commission for Children and Young People.