Tredinnick v Commissioner of Police [2016] NSWIRComm 1026

Industrial Relations Commission New South Wales Medium Neutral Citation: Tredinnick v Commissioner of Police [2016] NSWIRComm 1026 Hearing dates: 23, 24 May and 10 June 2016 Date of orders: 24 June 2016 Decision date: 24 June 2016 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 – hearing de novo ONUS – Onus on applicant to demonstrate decision 'harsh, unreasonable or unjust' – onus not carried – application dismissed RANDOM DRUG TESTING – cannabis – expert evidence POLICE – discipline – Commissioner entitled to expect that officers will not consume illicit drugs PRACTICE AND PROCEDURE – s.181F Police Act – Commissioner to answer applicant's case – Commissioner only required to answer the case mounted by applicant. PRACTICE AND PROCEDURE – Commissioner's Order and reasons brought before the commission by effect of application for review PUBLIC INTEREST – in each case a matter of fact and degree – public interest lies in the integrity of the Police Force – public interest under Police Act specifically defined and differs from meaning of public interest under Industrial Relations Act Legislation Cited: Evidence Act 1995 s.79(1) Industrial Relations Act 1996 Part 6 Police Act 1990 s.181D, 181E, 181F, 181G Cases Cited: Baker v Commissioner of Police [2015] NSWIRComm 14 Beck v Commissioner of Police (No 3) [2015] NSWIRComm 1023 Bradshaw v McEwans Pty Ltd (1951) 217 ALR 1 Commissioner of Police v Collins [2008] NSWIRComm 162 Commissioner of Police v Eaton [2013] HCA 2; 87 ALJR 267; 294 ALR 608 Commissioner of Police v Reid-Frost [2010] NSWIRComm 2 Commissioner of Police v Sewell [2008] NSWIRComm 147 Hosemans v Commissioner of Police [2004] NSWIRComm 253 Lawrance v Commissioner of Police [2010] NSWIRComm 149 Little v The Commissioner of Police (No 2) (2002) 112 IR 212 McGhee v Commissioner of Police (No 2) [2010] NSWIRComm 165 Newcastle City Council v GIO General Ltd (1997) 191 CLR 85 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 Russell v The Trustees of the Roman Catholic Church for the Archdiocese of Sydney [2004] NSWIRComm 65 Starr v Commissioner of Police [2001] NSWIRComm 226 Toshack v Commissioner of Police [2009] NSWIRComm 31; (2009) 181 IR 458 Category: Principal judgment Parties: Mr D Tredinnick – Applicant Commissioner of Police – Respondent Representation: Counsel: Ms P Lowson (Applicant) Mr Y Sharriff (Respondent) File Number(s): 2015/00375731