Commissioner of Police, New South Wales Police Force v Zisopoulos

The Commissioner of Police, New South Wales Police Force (the Commissioner) sought judicial review of a decision made by the Industrial Relations Commission of New South Wales (IRC). The IRC had reviewed the removal of an officer from the NSW Police Force, pursuant to section 181E of the *Police Act 1990* (NSW), and found the dismissal to be harsh, unreasonable, or unjust. The Commissioner contended that the IRC erred in law and failed to exercise its jurisdiction during this review process.

The primary legal issues before the court were whether the IRC had erred in law and failed to exercise its jurisdiction when undertaking its statutory task of review under section 181E of the *Police Act 1990*. Specifically, the Commissioner argued that the IRC had misapplied section 181F(2) of the Act concerning the onus of proof in such proceedings. The court was required to consider the distinctions between legal, tactical, and evidential burdens of proof in the context of the statutory review.

The court reasoned that the IRC's decision was not affected by jurisdictional error. It found that the IRC had correctly interpreted and applied the relevant provisions of the *Police Act 1990*, including section 181F(2), in its assessment of whether the officer's removal was harsh, unreasonable, or unjust. The court concluded that the IRC had properly exercised its jurisdiction in conducting the review.

Consequently, the Commissioner's summons for judicial review was dismissed, with costs awarded to the respondent.