Police brace for fallout after disciplinary process found ‘not valid’

Queensland police are bracing to strike out penalties handed to what could be hundreds of officers after an appeal court ruling declared the QPS practice for launching disciplinary proceedings was invalid.

The court decision, quietly published last month, has already prompted the agency to set up an “independent assessment committee” to review affected cases and determine the best course of action.

Police discipline came into sharp focus during the recent commission of inquiry.Credit: Michelle Smith

This would include particular attention to situations where an officer was removed from a workplace where the safety and wellbeing of “all members” would be considered, police said in a statement.

“The QPS is conscious that victims associated with affected matters will be impacted and information and support will be offered,” the statement said.

“All QPS members are expected to maintain a high standard of integrity and professional conduct at all times. The service will continue to exhaust all available options to ensure that complaints are adequately dealt with.”

Guardian Australia, which first reported the ruling and looming fallout, cited sources suggesting more than 300 formal internal disciplinary proceedings against officers could be struck out or open to legal challenges as a result of the ruling.

Time limits introduced in 2019 on disciplinary processes are expected to prevent police from trying to again pursue many of the penalties likely to be revoked by the ruling.

The court’s decision hinged on whether the commissioner, or a delegate, was able to refer a complaint to the Office of State Discipline, where it would then be decided which officer would start the disciplinary proceedings.

In the two cases involved, the referrals were deemed “not valid” because the complaint was not passed to a particular officer, as the court found should occur under the law – dismissing the police appeal.

During the recent Independent Commission of Inquiry into Queensland Police Service responses to domestic and family violence, the disciplinary process came into sharp focus, with Commissioner Katarina Carroll agreeing a key plank of it – enabling managers to simply give “guidance” – was “broken”.

The inquiry also heard of a 2018 dossier compiled by senior women within the force in which one alleged she knew of five others who were raped in the job. Many perpetrators were not disciplined.

A bill passed by parliament last week contained changes to allow the automatic sacking of an officer sentenced to jail.