Gus Viera and Commissioner of Police [2009] NSWIRComm 115

Gus Viera and Commissioner of Police [2009] NSWIRComm 115

The complete C@tsi file had apparent relevance and a legitimate forensic purpose because it was the central investigation file and primary repository of material concerning the complaint, investigation, adverse findings, s 173 order and proposed transfer. The internal communications, inter-agency communications and CMT minutes could throw light on the issues in the substantive proceedings and on what Chief Inspector Chidgey had regard to. Indexing the documents was not an adequate substitute. The statutory obligations under s 173(5) of the Police Act 1990 and cl 48 of the Police Regulation 2008 supported production of the full file.

Jurisdiction
Australia
Judgment Date
14 July 2009
Procedural Posture
Application Under Section 174 of the Police Act 1990 for Review of an Order of the Commissioner of Police / Decision on Notice of Motion to Set Aside Paragraph 8 of a Summons to Produce
Outcome
Notice of motion dismissed; order to set aside paragraph 8 of the summons to produce refused.
Legal Topics
['summons to Produce' 'reviewable Action Under S 173 of the Police Act 1990' 'legitimate Forensic Purpose' 'apparent Relevance' 'c@tsi File' 'constructive Disciplinary Transfer']
['industrial Relations' 'police Disciplinary Law' 'civil Procedure'] ['summons to Produce' 'reviewable Action Under S 173 of the Police Act 1990' 'legitimate Forensic Purpose' 'apparent Relevance' 'c@tsi File' 'constructive Disciplinary Transfer']

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Procedural Posture

Application Under Section 174 of the Police Act 1990 for Review of an Order of the Commissioner of Police / Decision on Notice of Motion to Set Aside Paragraph 8 of a Summons to Produce

Legal Issues

  1. 1 ['Whether paragraph 8 of the summons to produce, requiring production of C@tsi file number PO702164, should be set aside under Rule 82(1)(a) of the Industrial Relations Commission Rules.' 'Whether documents in the C@tsi file, including internal communications, inter-agency communications and Complaint Management Team minutes, had apparent relevance or a legitimate forensic purpose in the substantive proceedings.' 'Whether statutory obligations under s 173(5) of the Police Act 1990 and cl 48 of the Police Regulation 2008 supported production of the complete C@tsi file.']

Ratio Decidendi

The complete C@tsi file had apparent relevance and a legitimate forensic purpose because it was the central investigation file and primary repository of material concerning the complaint, investigation, adverse findings, s 173 order and proposed transfer. The internal communications, inter-agency communications and CMT minutes could throw light on the issues in the substantive proceedings and on what Chief Inspector Chidgey had regard to. Indexing the documents was not an adequate substitute. The statutory obligations under s 173(5) of the Police Act 1990 and cl 48 of the Police Regulation 2008 supported production of the full file.

Court Disposition

Notice of motion dismissed; order to set aside paragraph 8 of the summons to produce refused.

Orders

  • ["The application to set aside paragraph 8 of the respondent's summons to produce dated 29 May 2009 is refused." "The applicant's notice of motion dated 10 July 2009 is dismissed." 'The complete C@tsi file must be produced under the summons.']