Bradley Eade-Smith v Commissioner of Police (No. 3) [2009] NSWIRComm 88

Bradley Eade-Smith v Commissioner of Police (No. 3) [2009] NSWIRComm 88

The purpose for which the documents are sought concerning other officers considered for removal under s 181D has insufficient relevance to the issues in the principal proceeding. There is no significant connection shown between the adequacy of consideration given to the applicant's response and the circumstances of other officers being considered. Therefore, production of the documents is declined.

Parties
Applicant: Bradley Eade-Smith; Respondent: Commissioner of Police
Jurisdiction
Australia
Judgment Date
03 June 2009
Procedural Posture
Application for Review of an Order Under Section 181 E of the Police Act 1990 / Ruling on Notice to Produce Documents
Outcome
Application declined
Legal Topics
Production of Documents, Procedural Fairness, Removal Under S 181 D of Police Act
Industrial Relations Production of Documents Procedural Fairness Removal Under S 181 D of Police Act

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Parties

Bradley Eade-Smith

Applicant

Commissioner of Police

Respondent

Procedural Posture

Application for Review of an Order Under Section 181 E of the Police Act 1990 / Ruling on Notice to Produce Documents

Legal Issues

  1. 1 Whether documents relating to other officers considered for removal under s 181D should be produced
  2. 2 Adequacy of consideration given by Commissioner of Police to applicant's response
  3. 3 Procedural defects in removal process

Ratio Decidendi

The purpose for which the documents are sought concerning other officers considered for removal under s 181D has insufficient relevance to the issues in the principal proceeding. There is no significant connection shown between the adequacy of consideration given to the applicant's response and the circumstances of other officers being considered. Therefore, production of the documents is declined.

Court Disposition

Application declined

Orders

  • Production of material sought under notice to produce dated 31 March 2009 is not ordered