Commissioner of Police v Zisopoulos [2019] NSWIRComm 1073

Industrial Relations Commission New South Wales Medium Neutral Citation: Commissioner of Police v Zisopoulos [2019] NSWIRComm 1073 Hearing dates: 24 and 31 May 2018 Date of orders: 04 October 2019 Decision date: 04 October 2019 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Kite SC; Commissioner Stanton; Acting Magistrate Abood Decision: Leave to Appeal granted in respect of questions (1), (5) and (6) otherwise leave refused. Appeal dismissed Catchwords: APPEAL – review of decision to remove police officer – alleged voluntary consumption of prohibited drugs – onus in review proceedings – legal and evidentiary onus – adequacy of respondent's evidence to shift evidentiary burden – adequacy of appellant's case in response Legislation Cited: Industrial Relations Act 1996 (NSW) Police Act 1990 (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 New South Wales Nurses and Midwives Association v Health Secretary on behalf of Western NSW Local Health District [2019] NSWIRComm 1025 Starr v Commissioner of Police [2001] NSWIRComm 226 Tredinnick v Commissioner of Police [2016] NSWIRComm 14 Category: Principal judgment Parties: Commissioner of Police (Appellant) George Zisopoulos (Respondent) Representation: Counsel: M Kimber SC with Y Shariff (Appellant) G W McGrath SC with B Eurell (Respondent)

Solicitors: Maddocks Lawyers ( Appellant) Vardenega Roberts Solicitors and later Nicole Dunn Lawyers ( Respondent) File Number(s): 2018/00084066 Decision under appeal Court or tribunal: Industrial Relations Commission of NSW Jurisdiction: Industrial Relations Commission of NSW Citation: [2018] NSWIRComm 1011 Date of Decision: 7 March 2018 Before: Commissioner Murphy File Number(s): 2016/00384458