Konopka v Commissioner of Police [2017] NSWIRComm 1014

Industrial Relations Commission New South Wales Medium Neutral Citation: Konopka v Commissioner of Police [2017] NSWIRComm 1014 Hearing dates: 10 February & 15 March 2017 Date of orders: 31 March 2017 Decision date: 31 March 2017 Jurisdiction: Industrial Relations Commission Before: Murphy C Decision: 1. The material which was seized from the applicant during the execution of a search warrant granted by a Local Court in relation to a criminal investigation, and then used by the respondent during the disciplinary investigation which led to the applicant's removal from the NSWPF, will be admitted into evidence in these proceedings.

2. The affidavits of Detective Sergeant Long and Detective Sergeant Mellor will be admitted into evidence in these proceedings.

3. The application by the applicant for a non-disclosure order prohibiting the disclosure of the applicant's name in connection with these proceedings is rejected. Catchwords: POLICE – removal of police officer – s. 181D Police Act – application for review of order of Commissioner of Police – application for interlocutory orders – order excluding as evidence material seized during execution of a search warrant – order excluding opinion evidence of police witnesses on ground that they are not expert witnesses – order suppressing publication of applicant's name Legislation Cited: Industrial Relations Act 1996 Cases Cited: ASIC v Rich [2005] NSWSC 62 Flori v Commissioner & another [2014] QSC 284 Doctor A and Health District [2014] NSWIRComm 28 McDonald v Commissioner of Police [2016] NSWIRComm 1023 R v Cox (1898) 1 QB 179 Category: Procedural and other rulings Parties: Mischa Konopka (Applicant)