Phillip Platts v Commissioner of Police [2019] NSWIRComm 1023

Industrial Relations Commission New South Wales Medium Neutral Citation: Phillip Platts v Commissioner of Police [2019] NSWIRComm 1023 Hearing dates: 10, 11, 12 April 2017 and 1, 2 November 2017 Date of orders: 29 April 2019 Decision date: 29 April 2019 Jurisdiction: Industrial Relations Commission Before: Stanton C Decision: (1) Application for review is upheld; (2) The applicant shall be reinstated to the NSW Police Force at the rank and incremental level he held at the date of his removal within 14 days from the date of this decision; (3) The respondent, the Commissioner of Police, shall pay to the applicant an amount equivalent to what he would have earned, but for being removed, between the date of his removal and the date of his reinstatement at the rate of his ordinary rate of pay less any monies/remuneration earned from work undertaken during that period. Those monies shall be paid within 14 days from the date of this decision; and (4) The period of employment of the applicant with the respondent shall be taken not to have been broken by his removal. The intervening period between the date of the applicant's removal and his reinstatement to the NSW Police Force shall be counted for all purposes as a period of employment. Catchwords: POLICE - removal of Police Officer – s 181D Police Act 1990 - application for review of order of Commissioner of Police under s 181E – hearing de novo - misconduct allegations – Commissioner's Reasons adopt investigation findings – allegations not supported by the evidence – public interest – tripartite test considered - removal harsh, unjust and unreasonable – application upheld – orders made Legislation Cited: Police Act 1990 Road Transport (Safety and Traffic Management) Act 1999 Road Rules 2008 Cases Cited: Baker v Commissioner of Police [2015] NSWIRComm 14 Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Byrne v Australian Airlines (1995) 185 CLR 410 Commissioner of Police v Collins (2008) NSWIRComm 162 Commissioner of Police v Reid-Frost (2010) 192 IR 363 Hosemans v Commissioner of Police (2004) 138 IR 159 Morris v Commissioner of Police [2016] NSWIRComm 1034 Smith v New South Wales Bar Association [1992] HCA 36; (1992) 176 CLR 256 Toshack v Commissioner of Police [2009] NSWIRComm Van Huisstede v Commissioner of Police (2000) 98 IR 57 Texts Cited: NSW Police Code of Practice for Crime NSW Police Guidelines on Procedural Fairness Complaint Practice Note PSC ref 06/01 NSW Police Force Safe Driving Policy [REDACTED] NSW Police Urgent Duty Guidelines Category: Principal judgment Parties: Phillip Platts (applicant Commissioner of Police (respondent) Representation: Counsel: D Nagle (Applicant) M Seck (Respondent)