Konopka v Commissioner of Police (No. 2) [2018] NSWIRComm 1001

Industrial Relations Commission New South Wales Medium Neutral Citation: Konopka v Commissioner of Police (No. 2) [2018] NSWIRComm 1001 Hearing dates: 18, 19 April, 10, 11, 12, 13 July, 16 November 2017 Decision date: 18 January 2018 Jurisdiction: Industrial Relations Commission Before: Murphy C Decision: The application for review of the order removing the applicant from the New South Wales Police Force is dismissed. Catchwords: POLICE – removal of police officer – s. 181D Police Act 1990 – application for review of order of Commissioner of Police – NSW legislation –possession of child abuse material – applicant claimed the material was "legal" in NSW – whether person depicted is appears to be or is implied to be under 16 years of age – Commonwealth legislation – use of carriage service for child pornography material – whether person depicted is or appears to be under 18 years of age – borderline material – material found to be child abuse/child exploitation material/ child pornography – removal not harsh unreasonable nor unjust Legislation Cited: Criminal Code Act 1995 (Cth) Crimes Act 1900 Crimes Amendment (Sexual Offences) Act 2008 Crimes Amendment (Child Pornography and Abuse Material) Act 2010 Industrial Relations Act 1996 Police Act 1990 Police Regulation 2008 Cases Cited: Starr v Commissioner of Police [2001] NSWIRComm 226 Tredinnick v Commissioner of Police [2016] NSWIRComm 14 Commissioner of Police v Morris [2017] NSWIRComm 1010 Director of Public Prosecutions (NSW) v WT [2013] NSWLC 33 United States of America v Arnold Katz (Western District of Louisiana, Lake Charles Division, Criminal No. CR96-20027-02) Category: Principal judgment Parties: Mischa Konopka (Applicant)