Reviewing the exercise of discretionary power by the Commissioner of Police to remove police officers from the New South Wales police service : modifying the industrial standard for review

The current legislative scheme contained in the Police Act 1990 (NSW) for the removal of police officers from the NSW Police was introduced in 1997. It has become a model for some other Australian States. It had two main legislative objectives: to ensure that NSW Police was able to quickly rid itself of those who failed to live up to professional standards of integrity, competence and behaviour and to protect those police officers subject to the removal power from injustice. It is argued that the second objective has been more fully met than the first. It is further argued that the Industrial Relations Commission of New South Wales responsible for conducting a review of the removal decision of the Commissioner for Police under the scheme, has generally developed robust and far reaching principles of review capable of ensuring fair treatment for removed police officers without sacrificing the public interest in maintaining high professional standards in the Police Service. However, some particular problems with the current mode of review, derived mostly from the Commissionerââ"šÂ¬Ã¢"žÂ¢s internal administrative processes, are identified and some recommendations for reform are made.