An experienced plant mechanic sacked from his job at the Bellambi Roads and Maritime Services depot after being convicted of child exploitation offences has failed in his bid to have the decision overturned.
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Paul Anthony Hansen, who’d been employed by the authority for 33 years, was dismissed from his role as a fleet inspector in October last year after RMS officials found his conduct was “not consistent” with the behaviour expected of staff.
Police had charged Hansen a year earlier after he was caught sending indecent material via the internet to what he believed was a 14-year-old girl, however turned out to be an undercover police officer.
A subsequent search of his electronic devices, two of which were found in his RMS-issued vehicle, uncovered child abuse material, resulting in child porn charges being laid.
Hansen ultimately pleaded guilty to two charges and was sentenced to nine months’ jail, with a 6-month non-parole period, last April.
The decision was overturned on appeal in early September, resulting in the imposition of a suspended sentence instead.
Hansen, who was on suspension without pay, was advised on September 10 by RMS asset maintenance director Gregory Evans that he would be able to return to work in a few weeks provided he redid the authority’s code of conduct and ethics training.
However, RMS bosses stepped in to reassess the decision, resulting in Hansen’s sacking on October 2.
Hansen took his case to to the Industrial Relations Commission, claiming he’d been unfairly dismissed.
However, Commissioner John Murphy dismissed Hansen’s claim following a two-day hearing, finding that the gravity of his misconduct had been “extreme”.
“The criminal conduct engaged in by the applicant was extremely serious; it involved the sexual exploitation and abuse of children,” Commissioner Murphy wrote in a judgement handed down this week.
“[He] was initially sentenced to nine months’ prison then, on appeal, to a 12-month suspended sentence. These factors weigh heavily against a finding of harshness.”
Commissioner Murphy also said he formed the opinion Hansen had lied in the witness box by claiming he’d not looked at the child abuse material since May 2012, despite later admitting to having taken the USB stick it was on away with him on work trips.
