NSW Caselaw
Industrial Relations Commission New South Wales Medium Neutral Citation: Mischa Konopka v Commissioner of Police (No.3) [2019] NSWIRComm 1004 Hearing dates: 1 May 2018 Date of orders: 01 May 2018 Decision date: 23 January 2019 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Kite SC; Stanton C; Abood ALCM Decision: Leave to appeal is refused Catchwords: APPEALS - leave to appeal – tests for the grant of leave – burden of proof – Commissioner's findings of fact reasonably open on the evidence - no demonstrable error disclosed – no substantial issue of principle or law having wider implications or widespread practical application - grounds in support of leave to appeal not made out – leave to appeal refused Legislation Cited: Crimes Act 1990 (NSW) s 91FB Criminal Code Act 1995 (Cth) Police Act 1990 (NSW) ss 181D and 181F Industrial Relations Act 1996 (NSW) s 188 Cases Cited: Director of Public Prosecutions (NSW) v WT [2013] NSWLC 33 House v The King [1936] HCA 40 Industrial Relations Secretary v Wattie [2017] NSWIRComm 1007 Konopka v Commissioner of Police (No. 2) [2018] NSWIRComm 1001 Public Service Association and Professional Officers Association Amalgamated Union of New South Wales v Roads and Maritime Services [2015] NSWIRComm 16 Category: Principal judgment Parties: Mischa Konopka (Appellant)
Commissioner of Police (Respondent) Representation: Counsel: Mr J Darams (Respondent)
Solicitors: Mr M Watts, K&L Gates (Respondent) File Number(s): 2018/00042159 Publication restriction: Pursuant to the order of the Commission made on 30 January 2018 there is to be no publication of the evidence before the Commission referred to in paragraph [11] of this Decision. Website URLS have been redacted for publication. Decision under appeal Court or tribunal: Industrial Relations Commission (Commissioners) Jurisdiction: Industrial Relations Commission Citation: [2018] NSWIRComm 1001 Date of Decision: 18 January 2018 Before: Murphy C File Number(s): 2016/00236511
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