Huggins v Mullins [2011] NSWSC 1123

Huggins v Mullins [2011] NSWSC 1123

The Commissioner and nominated officer do not have power to make a finding as to guilt or otherwise of the plaintiff when a formal inquiry officer has found the plaintiff not guilty of misconduct; nor may they take disciplinary action or continue suspension based on such a charge.

Parties
Applicant: Wayne Huggins; First Respondent: Greg Mullins; Second Respondent: John Benson; Third Respondent: Fire and Rescue New South Wales
Jurisdiction
Australia
Judgment Date
22 September 2011
Procedural Posture
Civil / Final Judgment
Outcome
Relief granted to plaintiff (final injunction and costs order)
Legal Topics
Fire Brigades Regulation 2008, Disciplinary Proceedings, Natural Justice, Suspension of Firefighter
Administrative Law Fire Brigades Regulation 2008 Disciplinary Proceedings Natural Justice Suspension of Firefighter

Case Brief

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Parties

Wayne Huggins

Applicant

Greg Mullins

First Respondent

John Benson

Second Respondent

Fire and Rescue New South Wales

Third Respondent

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the Commissioner has power to make a finding as to the guilt or otherwise of the plaintiff after a formal inquiry officer found the firefighter not guilty of misconduct under the Fire Brigades Regulation 2008
  2. 2 Whether the nominated officer has the power to overturn the decision of the formal inquiry officer
  3. 3 Whether defendants may take disciplinary action under Division 5 of the Regulation in circumstances where a formal inquiry report found not guilty

Ratio Decidendi

The Commissioner and nominated officer do not have power to make a finding as to guilt or otherwise of the plaintiff when a formal inquiry officer has found the plaintiff not guilty of misconduct; nor may they take disciplinary action or continue suspension based on such a charge.

Court Disposition

Relief granted to plaintiff (final injunction and costs order)

Orders

  • The first defendant be restrained by himself, his servants or agents or howsoever otherwise from making or purporting to make any finding as to the guilt or otherwise of the plaintiff in relation to the charge of misconduct, the subject of a Formal Inquiry Report made by Assistant Commissioner Mark Brown dated 27...
  • The defendants be restrained by themselves, their servants or agents or howsoever otherwise from taking or purporting to take any disciplinary action against the plaintiff under Division 5 of the Fire Brigades Regulation 2008 in relation to the charge of misconduct, the subject of a Formal Inquiry Report made by...