Beck v Commissioner of Police (No 3) [2015] NSWIRComm 1023

Industrial Relations Commission New South Wales Medium Neutral Citation: Beck v Commissioner of Police (No 3) [2015] NSWIRComm 1023 Hearing dates: 16, 17 November 2015 Date of orders: 27 November 2015 Decision date: 27 November 2015 Jurisdiction: Industrial Relations Commission Before: Newall C Decision: Application dismissed Catchwords: POLICE – removal of police officer - s.181D Police Act 1990 – review under s.181E Police Act - statutory scheme – powers of Commission – whether hearing de novo ONUS – Onus on applicant to demonstrate decision 'harsh, unreasonable or unjust' – disjunctive terms – each to be considered – onus not carried ­– application dismissed. PRACTICE AND PROCEDURE – self-represented litigant – duty of the court to prevent disadvantage to unrepresented litigant CONTEMPT – whether initiation of civil proceedings acts as a stay on disciplinary or administrative matters within the Police Force – whether administrative action while a civil case is proceeding constitutes contempt of court – held, no contempt. POLICE – discipline – person accepting role of police officer necessarily accepts obligation to obey orders – not open to a police officer to refuse a lawful direction – Commissioner of Police not obliged to accept an officer who resists authority PRACTICE AND PROCEDURE – s.181F Police Act - Commissioner to 'reply to Applicant's case' - whether Commissioner required to put on evidence in reply – no requirement to go into evidence if not necessary to the reply. PUBLIC INTEREST – in each case a matter of fact and degree – public interest in disciplined police force Legislation Cited: Evidence Act 1995 s.140 Industrial Relations Act 1996 Part 6 Police Act 1990 s.181D, 181E, 181F, 181G Cases Cited: Attorney-General v Times Newspapers Ltd (1974) AC 299 Briginshaw v Briginshaw (1938) 60 CLR 336 Commissioner of Police v Sewell [2008] NSWIRComm 147 Commissioner of Police v Reid-Frost [2010] NSWIRComm 2 Commissioner of Police v Collins [2008] NSWIRComm 162 Hamod v State of New South Wales & Anor [2011] NSWCA 375 Hosemans v Commissioner of Police [2004] NSWIRComm 253 Little v The Commissioner of Police (No 2) (2002) 112 IR 212 McGhee v Commissioner of Police (No 2) [2010] NSWIRComm 165 Neil v Nott [1994] HCA 23; (1994) 121 ALR 148; 68 ALJR 509 Police Service Board v Morris and Martin [1985] HCA 9; (1985) 156 CLR 397 Reid-Frost v Commissioner of Police (No 2) [2010] NSWIRComm 86 Sankey v Whitlam (1978) 142 CLR 1 Victoria v Australian Building Construction Employees' & Builders Labourers' Federation (1982) 152 CLR 25 Vouden v Commissioner of Police [2014] NSWIRComm 25 Category: Principal judgment Parties: Aaron Beck – Applicant Commissioner of Police – Respondent Representation: Mr A Beck in person Mr M T Hutchings (Counsel) File Number(s): IRC 1457 of 2010