Steven Probst and Commissioner of Police [2009] NSWIRComm 114

Steven Probst and Commissioner of Police [2009] NSWIRComm 114

All documents sought under the summons to produce—specifically, the complete C@tsi files, s 181D removal documents, template documents, and related files—are apparently relevant to the substantive proceedings reviewing the s 173 disciplinary order. The summons is neither an abuse of process nor unacceptably vague, as the documents could throw light on the issues to be determined and are captured by statutory obligations of disclosure. The motion to set aside the summons is dismissed in whole.

Parties
Applicant (respondent to Motion): Steven Probst; Respondent (applicant on Motion): Commissioner of Police
Jurisdiction
Australia
Judgment Date
15 July 2009
Procedural Posture
Application Under S 174 Police Act 1990 for Review of a S 173 Order (disciplinary Transfer) / Interlocutory Motion – Determination of Notice of Motion to Set Aside Part of Summons to Produce
Outcome
Notice of motion dismissed.
Legal Topics
Summons to Produce, Apparent Relevance of Documents, Procedural Fairness, Disciplinary Proceedings, Police Act 1990 S 173 and S 174
Industrial Law Police Disciplinary Law Administrative Law Summons to Produce Apparent Relevance of Documents Procedural Fairness Disciplinary Proceedings Police Act 1990 S 173 and S 174

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Parties

Steven Probst

Applicant (respondent to Motion)

Commissioner of Police

Respondent (applicant on Motion)

Procedural Posture

Application Under S 174 Police Act 1990 for Review of a S 173 Order (disciplinary Transfer) / Interlocutory Motion – Determination of Notice of Motion to Set Aside Part of Summons to Produce

Legal Issues

  1. 1 Whether documents sought under summons to produce are apparently relevant to the issues to be determined in the substantive review of a s 173 disciplinary order under the Police Act 1990
  2. 2 Whether the summons to produce constitutes an abuse of process, is too vague, or lacks legitimate forensic purpose

Ratio Decidendi

All documents sought under the summons to produce—specifically, the complete C@tsi files, s 181D removal documents, template documents, and related files—are apparently relevant to the substantive proceedings reviewing the s 173 disciplinary order. The summons is neither an abuse of process nor unacceptably vague, as the documents could throw light on the issues to be determined and are captured by statutory obligations of disclosure. The motion to set aside the summons is dismissed in whole.

Court Disposition

Notice of motion dismissed.

Orders

  • Refuse to make any orders setting aside the summons to produce dated 9 June 2009.
  • Dismiss the applicant's notice of motion of 25 June 2009.