Neville v Secretary of the Treasury on behalf of Corrective Services NSW [2015] NSWIRComm 1004

Industrial Relations Commission New South Wales Medium Neutral Citation: Neville v Secretary of the Treasury on behalf of Corrective Services NSW [2015] NSWIRComm 1004 Hearing dates: 2, 3, 4 March 2015 Decision date: 17 March 2015 Jurisdiction: Industrial Relations Commission Before: Newall C Decision: Appeal dismissed Catchwords: Public sector disciplinary appeal - punishment of reduction in rank –misconduct – facts of misconduct admitted – disciplinary regime protective – specific obligation to record interactions with offenders – express policy – failure to record – failure accepted to be inadvertent not deliberate – obligations to make notes fundamental – failures to record serious whether inadvertent or not – leadership and role model obligations – misconduct established – reduction justified – appeal disallowed. Legislation Cited: Industrial Relations Act 1996 ss. 98, 100B, 100C, 100D Public Sector Employment and Management Act 2002 s 41 Cases Cited: Baster v London County Printing Works (1899) 1 QB 901 Calman v Commissioner of Police [1999] HCA 60; (1999) 167 ALR 91 Director General, Department of Ageing, Disability and Homecare v Lambert [2009] NSWCA 102 NSW Health Services Northern Sydney Local Health District v Hargreaves [2012] NSWIRComm 123 Secretary, Department of Justice v Schoeman [2014] NSWIRComm 40 Category: Principal judgment Parties: Mr Michael Neville - appellant Secretary of the Treasury on behalf of Corrective Services NSW - respondent Representation: Counsel: Mr S Benson - respondent