Permanent demotion for poor performance deemed excessive

In a decision handed down on 26 September 2017, the Industrial Relations Commission imposed a cap on the period of demotion for a Corrective Services Assistant Superintendent following incidents of unsatisfactory performance. Facts Mr Frank Cunningham was employed by the Department of Justice (Corrective Services NSW) for approximately 26 years and held the role of Assistant Superintendent for approximately 16 years. Corrective Services took disciplinary action in against Mr Cunningham on the basis of performance determined to be unsatisfactory, following a Performance Management Plan commenced in October 2016 to deal with a list of examples of performance/behaviour. During the course of the

Transport Field Officer granted working with children clearance despite past conviction

In a decision handed down on 27 September 2017, the NSW Civil and Administrative Tribunal declared a 'disqualified' employee should be granted a working with children clearance on the basis he no longer poses a child safety risk, despite a 1978 conviction for attempted sexual assault of a 14 year old girl. Facts The applicant, ‘DAS’, is a 59 year old Aboriginal man who sought an enabling order, pursuant to the Child Protection (Working with Children) Act 2012 (NSW) (“WWC Act”) so that he could continue to work in his role as a Drug and Alcohol Transport Field Officer. His 2016 application to the NSW Children’s Guardian for a clearance was refused on the basis he was a “disqualified” person a

Tribunal orders local council to provide CCTV footage to member of the public

In a decision handed down on 29 September 2017, the NSW Civil and Administrative Tribunal set aside Wollondilly Shire Council’s decision to withhold access to CCTV footage requested by a member of the public. The Tribunal’s decision highlights the need for local councils to be aware of their obligations under the GIPA Act and to make all reasonable attempts to facilitate access to information. Facts On 4 July 2016, Ms Kelli Meldru entered the Customer Service foyer of Wollondilly Shire Council to obtain access to certain documents. An incident then occurred which the Applicant claims she was detained illegally by Council staff, and the local police were called. On 26 October 2016, Council re

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