Police disciplinary decisions, dismissals up in air after court battle

Dozens of police disciplinary decisions and even dismissals could be overturned after the Queensland Police Union won a court battle over the handling of how matters in two cases were handled.

Queensland Police Union wins court battle over how two disciplinary matters against officers were handled.

Dozens of police disciplinary decisions and even dismissals could be overturned after the Queensland Police Union won a court battle over who handled two officers’ matters.

The Court of Appeal on Wednesday dismissed an appeal from the Queensland Police Service relating to previous court decisions on how it dealt with the two separate disciplinary matters.

In one case an officer, a senior detective with the Ethical Standards Command, took the service to court arguing they did not nominate the specific person who would be investigating a complaint made against him.

The detective was accused of disclosing confidential information about an internal investigation.

The Queensland Industrial Relations Commission heard the complaint had been referred to the Office of State Discipline for investigation, which the QPS argued was an adequate referral.

The officer, however, said the QPS should have nominated a “prescribed officer” by name or rank – a person of appropriate experience to investigate the complaint.

The QPS in turn argued that the complaint had been referred to the Office of State Discipline, which was adequate.

“A prescribed officer is a police officer and, therefore, a human being,” the Commission found.

The Commission found the process was invalid because the QPS “must identify the particular prescribed officer by name and rank”.

In the other case, a sergeant took the service to the Supreme Court saying the disciplinary process was not handled correctly because the “prescribed officer” nominated did not deal with his matter.

The officer was accused of “unnecessary force against civilians”.

It was determined that the officer’s matter should be considered by a chief superintendent in the Office of State Discipline however assistant commissioner Maurice Carless gave him his disciplinary proceeding notice.

The Supreme Court in July last year ruled the disciplinary action was invalid.

The QPS appealed both the Supreme Court and QIRC decisions however both matters were dismissed in the Court of Appeal on Wednesday.

The Queensland Police Union represented the officers.

The Courier-Mail understands there are numerous other matters relating to dismissals and demotions that are now under a cloud.

The Queensland Police Service was asked how many officers had been disciplined, demoted or dismissed under the same processes that were deemed invalid by the Court of Appeal decision.

The service was also asked what it intended to do with the matters and if it was accepted by the service that demotions and dismissals using the same processes were invalid.

A Queensland Police Service spokeswoman said the QPS was in the process of reviewing the Court of Appeal decision and “determining which discipline matters may be impacted”.