Gallagher, Ma’a and Premutico v Industrial Relations Secretary on behalf of the Secretary, Department of Communities and Justice (Corrective Services) [2019] NSWIRComm 1069

Industrial Relations Commission New South Wales Medium Neutral Citation: Gallagher, Ma'a and Premutico v Industrial Relations Secretary on behalf of the Secretary, Department of Communities and Justice (Corrective Services) [2019] NSWIRComm 1069 Hearing dates: 11, 12 and 14 June 2019. Written submissions filed 20 and 25 June 2019. Date of orders: 27 September 2019 Decision date: 27 September 2019 Jurisdiction: Industrial Relations Commission Before: Murphy C Decision: Appeals upheld Catchwords: PUBLIC SECTOR DISCIPLINARY APPEALS – misconduct – allegation of assault by correctional officers on inmate – allegation of failure to use video camera to record the force used against inmate – allegation of failure to arrange for medical treatment to be offered to inmate – allegation of failure to report misconduct – appellants denied misconduct allegations – misconduct allegations sustained – appellants reduced in classification for a period of 12 months – appeals against disciplinary decisions – respondent's burden of proof not discharged – appeals upheld Legislation Cited: Government Sector Employment Act 2013 Industrial Relations Act 1996 Government Sector Employment (General) Rules 2014 Cases Cited: Briginshaw v Briginshaw [1938] 60 CLR 336 Browne v Dunn [1883] 6 R 67 Category: Principal judgment Parties: Terry Gallagher (Appellant) Rodney Ma'a (Appellant) Michael Premutico (Appellant)

Industrial Relations Secretary on behalf of the Secretary, Department of Communities and Justice (Corrective Services) (Respondent) Representation: Counsel: Ms A Douglas-Baker (Respondent)