Baker v Commissioner of Police [2015] NSWIRComm 14

Industrial Relations Commission New South Wales Medium Neutral Citation: Baker v Commissioner of Police [2015] NSWIRComm 14 Hearing dates: 12 March 2015 Date of orders: 06 May 2015 Decision date: 06 May 2015 Jurisdiction: Industrial Relations Commission Before: Kite AJ Decision: The application is dismissed. Catchwords: POLICE - Removal of police officer – Allegation against police officer performing duties as Police Prosecutor regarding conduct and integrity - Random drug test – Admitted use of prohibited drugs – Serious misconduct – Person likely to have supplied drugs known to applicant – No identification of person who supplied drugs – Right to silence - Public interest and interests of police officer considered - Held applicant demonstrated a lack of insight into the implications of his actions for the integrity of the Police Force - Held removal of the applicant from the Police Force was not harsh, unjust or unreasonable - Application for relief dismissed Legislation Cited: Drug Misuse and Trafficking Act 1985 Industrial Relations Act 1996 Police Act 1990 Police Regulation 2008 Cases Cited: Baff v New South Wales Commissioner of Police [2013] NSWSC 1205 Commissioner of Police v Alyson Reid-Frost (No 2) [2010] NSWIRComm 2 Commissioner of Police v Brennan [2008] NSWIRComm 52; 172 IR 56 Commissioner of Police for New South Wales v Industrial Relations Commission of New South Wales [2009] NSWCA 198; (2009) 185 IR 458 Hosemans v Commissioner of Police [2004] NSWIRComm 285; (2004) 138 IR 159 Lawrance v Commissioner of Police [2010] NSWIRComm 149; (2010) 199 IR 139 Metropolitan Meat Industry Board v Australasian Meat Industry Employees' Union, New South Wales Branch [1973] AR (NSW) 231 Police Service Board v Morris and Martin (1985) 156 CLR 397 Public Service Board of New South Wales v Osmond (1986) 159 CLR 656 Reid Frost and the Commissioner of Police (No 2) [2010] NSWIRComm 86 Toshack v Commissioner of Police [2009] NSW IRComm 31; (2009) 181 IR 420 Van Huisstede v Commissioner of Police (2000) 98 IR 57 Vouden v Commissioner of Police [2014] NSWIRComm 25 Walsh v Commissioner of Police [2011] NSWIRComm 26 Wingfoot Australia Partners Pty Ltd v Kocak [2013] HCA 43; 303 ALR 64; 88 ALJR 52 Texts Cited: NSW Police Force Code of Conduct and Ethics NSW Police Force Drug and Alcohol Policy NSW Police Force Handbook Category: Principal judgment Parties: Matthew Baker (Applicant) Commissioner of Police (Respondent) Representation: Counsel: E Raper of counsel (Respondent)