Zisopoulos v Commissioner of Police [2018] NSWIRComm 1011

Industrial Relations Commission New South Wales Medium Neutral Citation: Zisopoulos v Commissioner of Police [2018] NSWIRComm 1011 Hearing dates: 7, 8, 9 and 10 August, 22 and 23 November 2017 Date of orders: 07 March 2018 Decision date: 07 March 2018 Jurisdiction: Industrial Relations Commission Before: Murphy C Decision: The Commission makes the following orders:

1. The application for review is upheld.

2. The applicant is to be reinstated to the New South Wales Police Force at the rank and incremental level he held at the date of his removal.

3. Order 2 is to take effect on and from Monday 19 March 2018.

4. The applicant's service with the New South Wales Police Force is taken to be unbroken. Catchwords: POLICE – removal of police officer – s.181D Police Act 1990 – review under s.181E Police Act - statutory scheme – powers of Commission – onus on applicant to demonstrate decision 'harsh, unreasonable or unjust' – Commissioner entitled to expect that officers will not consume illicit drugs – allegation that officer consumed illicit drugs not made out – PRACTICE AND PROCEDURE – s.181F Police Act – Commissioner to answer applicant's case – Commissioner required to answer the case mounted by applicant Legislation Cited: Police Act 1990 Drug Misuse and Trafficking Act 1985 Police Regulation 2000 Police Regulation 2008 Cases Cited: Briginshaw v Briginshaw [1938] 60 CLR 336 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28 Tredinnick v Commissioner of Police [2016] NSWIRComm 14 Tredinnick v Commissioner of Police [2016] NSWIRComm 1026 Senior Constable J Berry v Chief Commissioner of the Victorian Police. Victorian Police Registration and Services Board Review Division (unreported, 11/3/16) Category: Principal judgment Parties: George Zisopoulos (Applicant)