Ko v Commissioner of Police, New South Wales Police (GD)

Ko v Commissioner of Police, New South Wales Police (GD) involved the appellant challenging a decision of the Police Meritorious Conduct Tribunal, which had dismissed his application for a certificate of exoneration. The dispute centred around the exclusion of certain evidence during the Tribunal’s proceedings and whether the appellant was afforded procedural fairness. The matter was heard in the NSW Supreme Court.

The central legal issues in the case were whether the Tribunal erred in excluding certain evidence and, if so, whether this constituted a breach of procedural fairness. The court was required to consider the principles of natural justice and procedural fairness as they apply to administrative tribunals, particularly in the context of the exclusion of evidence. The appellant argued that the exclusion of specific evidence deprived him of a fair opportunity to present his case, thereby violating procedural fairness.

The court found that the Tribunal had indeed erred in excluding certain evidence, which was both relevant and material to the appellant's case. This exclusion deprived the appellant of a fair opportunity to present his case. The court held that the Tribunal’s failure to consider this evidence constituted a breach of procedural fairness. Consequently, the court allowed the appeal, set aside the Tribunal’s decision, and remitted the application back to the Tribunal for reconsideration as originally constituted. This ensures that the appellant has a fair opportunity to present all relevant evidence in his bid for a certificate of exoneration.