Summersford v Commissioner of Police

Summersford v Commissioner of Police concerned an appeal to the New South Wales Court of Appeal regarding the procedural fairness owed to a police officer who was the subject of an anonymous complaint made under Part 8A of the *Police Act 1990* (NSW). The officer sought to challenge the decision to take non-reviewable action against him, arguing that the process adopted by the Commissioner of Police failed to accord him procedural fairness.

The central legal issues before the Court of Appeal were whether procedural fairness, in the context of a decision to take non-reviewable action under section 173 of the *Police Act 1990*, required the disclosure of the identity of the anonymous complainant and the disclosure of investigation reports. This also involved considering the meaning of "complainant" under section 169A of the *Police Act 1990* and the obligations of non-disclosure of complainant identity stipulated in clause 53 of the *Police Regulation 2008* (NSW) and clause 54 of the *Police Regulation 2015* (NSW).

The Court of Appeal held that the Commissioner had not breached the duty of procedural fairness. Applying established principles of administrative law, the Court reasoned that while procedural fairness generally requires an opportunity to respond to adverse material, the specific statutory framework governing anonymous complaints under Part 8A of the *Police Act 1990*, including the provisions for non-disclosure of complainant identity, modified the content of that duty. The Court concluded that in this particular context, disclosure of the complainant's identity and the investigation reports was not required to ensure a fair hearing, particularly given the Commissioner's obligation to protect the anonymity of complainants.

Leave to appeal was granted, but the appeal was dismissed. The Court made no order as to costs, directing that each party bear their own costs of the appeal.