Qld Police might be forced to pay sacked or demoted officers

Queensland police officers sacked or demoted as punishment for poor conduct could be paid compensation after the police service lost a court appeal over who had the power to discipline officers.

Commissioner Katarina Carroll confirmed about 300 cases could be reviewed after the court ruling last month, with some involving domestic violence, sexual assault or misuse of information.

“From my perspective, it really is about safety of the victims,” Queensland Police Commissioner Katarina Carroll has said.Credit: Michelle Smith

Carroll said she was most concerned about 26 officers who had been sacked since 2019.

“I’m seeking industrial advice as to what I can particularly do with that cohort, because the others have already been managed in the organisation,” she said.

Asked about whether compensation may be opened up to officers who had been demoted, transferred or dismissed, Carroll said in some matters that “certainly” could be an option.

The committee, to be led by acting Deputy Commissioner Mark Wheeler, will look at what the penalties were in each matter and “who could possibly be compensated”.

But officers transferred “will not be going back to the area of concern”, Carroll said.

“From my perspective, it really is about safety of the victims”.

The court decision in March has opened a fresh front in cultural reform issues faced down by the force, after a damning public inquiry heard extensive evidence of misogyny and racism.

The legal issue stems from changes to disciplinary laws in 2019, which created new rules around how the Commissioner role could refer a complaint against an officer to be investigated.

The appeal court found it had been the case the Commissioner or a delegate would pass these to the office of state discipline to determine who would then launch the disciplinary matters.

However, this was deemed “not valid” because the referrals should have named a specific officer of a certain rank to undertake the task. Police have since changed the process.

Carrol said the 2019 changes were the result of collaborative work by the agency, police union and Crime and Corruption Commission, with the legal issue a case of “unintended consequences”.

While suggesting the agency “did not even foresee this”, Carroll conceded she had been first warned about the issue when the initial case was raised almost two years ago.

She said three pieces of legal advice received at that stage, due to the “concerning” behaviour in that case, suggested the agency should continue as it had.

The matter involved an officer accused of using “unnecessary force against civilians”, public court documents show.

In a statement, Police Minister Mark Ryan said while people may be disappointed with the courts decision, police had given him assurances “all possible supports” would be given to those affected.

“The government’s primary concern is always about the welfare of victims,” Ryan said.