Police Act 1990

In conducting a review under this Division, the Commission must proceed as follows—

firstly, it must consider the Commissioner’s reasons for the decision to remove the applicant from the NSW Police Force,

secondly, it must consider the case presented by the applicant as to why the removal is harsh, unreasonable or unjust,

thirdly, it must consider the case presented by the Commissioner in answer to the applicant’s case.

The applicant has at all times the burden of establishing that the removal of the applicant from the NSW Police Force is harsh, unreasonable or unjust. This subsection has effect despite any law or practice to the contrary.

Without limiting the matters to which the Commission is otherwise required or permitted to have regard in making its decision, the Commission must have regard to—

the interests of the applicant, and

the public interest (which is taken to include the interest of maintaining the integrity of the NSW Police Force, and the fact that the Commissioner made the order pursuant to section 181D (1)).