Morris v Commissioner of Police [2016] NSWIRComm 1034

Industrial Relations Commission New South Wales Medium Neutral Citation: Morris v Commissioner of Police [2016] NSWIRComm 1034 Hearing dates: 29, 30 August 2016 Date of orders: 08 September 2016 Decision date: 08 September 2016 Jurisdiction: Industrial Relations Commission Before: Newall C Decision: Application upheld 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' POLICE – discipline – Commissioner entitled to expect that officers will not consume illicit drugs – allegation that officer consumed illicit drug not made out POLICE – hierarchical rank structure can be relevant to consideration of conduct PRACTICE AND PROCEDURE – s.181F Police Act – Commissioner to answer applicant's case – Commissioner only required to answer the case mounted by applicant EVIDENCE - strength of evidence required to make out matters at the civil standard increases proportionally to the gravity of the matter to be made out PUBLIC INTEREST – in each case a matter of fact and degree – public interest the integrity of the Police Force – public interest under Police Act specifically defined and differs from meaning of public interest under Industrial Relations Act – public interest in maintaining capable and experienced 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: Baker v Commissioner of Police [2015] NSWIRComm 14 Commissioner of Police v Collins (2008) 180 IR 191 Commissioner of Police v Eaton (2013) 87 ALJR 267; 294 ALR 608 Commissioner of Police v Reid-Frost (2010) 192 IR 363 Commissioner of Police v Sewell (2008) 180 IR 91 Hosemans v Commissioner of Police (2004) 138 IR 159 Hudson v Commissioner of Police [2016] NSWIRComm 1031 Lawrance v Commissioner of Police (2010) 199 IR 139 Little v Commissioner of Police (No 2) (2002) 112 IR 212 Newcastle City Council v GIO General Ltd (1997) 191 CLR 85 at 113 Paul Gardiner and Commissioner of Police [2009] NSWIRComm 84 Police Service Board v Morris and Martin (1985) 156 CLR 397 Qantas Airways Ltd v Gama [2008] 167 FCR 537 Starr v Commissioner of Police [2001] NSWIRComm 226 Toshack v Commissioner of Police (2009) 181 IR 420 Van Huisstede v Commissioner of Police (2000) 98 IR 57 Walsh v Commissioner of Police [2011] NSWIRComm 26 Category: Principal judgment Parties: Roderick Guy Morris – Applicant Commissioner of Police – Respondent Representation: Counsel: R Reitano (Applicant) E Raper (Respondent) File Number(s): 2016/00113665