Vizzone v Commissioner of Police [2020] NSWIRComm 1034

Vizzone v Commissioner of Police [2020] NSWIRComm 1034

Categories two, three and four of the Summons to Produce were set aside because the applicant did not demonstrate that it was on the cards that the requested documents could throw light on the issues in the main case. The relevant awareness was the applicant's awareness of the Media Policy, not the awareness of...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
30 April 2020
Procedural Posture
Application to Review a Decision by the Commissioner of Police to Remove the Applicant From the NSW Police Force Pursuant to S 181 D(1) of the Police Act 1990 (nsw) / Notice of Motion by the Commissioner of Police to Set Aside Categories Two, Three and Four of the Applicant's Summons to Produce
Outcome
Motion granted for the Commissioner of Police.
Legal Topics
['summons to Produce' 'legitimate Forensic Purpose' 'fishing Expedition' 'relevance of Documents' 'differential Treatment' 'review of Removal From NSW Police Force']
['employment and Industrial Law' 'industrial Relations' 'police Disciplinary Proceedings' 'procedure'] ['summons to Produce' 'legitimate Forensic Purpose' 'fishing Expedition' 'relevance of Documents' 'differential Treatment' 'review of Removal From NSW Police Force']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application to Review a Decision by the Commissioner of Police to Remove the Applicant From the NSW Police Force Pursuant to S 181 D(1) of the Police Act 1990 (nsw) / Notice of Motion by the Commissioner of Police to Set Aside Categories Two, Three and Four of the Applicant's Summons to Produce

Legal Issues

  1. 1 ['Whether categories two, three and four of the Summons to Produce had a legitimate forensic purpose.' 'Whether the documents sought were relevant or apparently relevant to issues in the review proceedings.' 'Whether the summons categories amounted to a fishing expedition.' 'Whether documents concerning disciplinary action against other officers in the same WhatsApp group could assist issues of awareness, offensiveness, contraventions or differential treatment.']

Ratio Decidendi

Categories two, three and four of the Summons to Produce were set aside because the applicant did not demonstrate that it was on the cards that the requested documents could throw light on the issues in the main case. The relevant awareness was the applicant's awareness of the Media Policy, not the awareness of other officers; the views or intentions of other WhatsApp participants were not relevant to whether the applicant breached the relevant legislation, codes and policies; and disciplinary outcomes for other officers were of little relevance without a proper basis for comparison and where differential treatment had not been squarely advanced as part of the applicant's case. The...

Court Disposition

Motion granted for the Commissioner of Police.

Orders

  • ['Categories two, three and four of the Summons to Produce filed by the Applicant on 10 March 2020 are set aside.']