Qld police officer wins court challenge over disciplinary hearing

A Queensland cop has succeeded in challenging the service for not revealing the officer who would be handling their disciplinary matter.

Assistant Commissioner Maurice Carless will retire at the end of the year.

Dozens of police disciplinary decisions are under a cloud after an officer won an industrial court battle over who handled his matter.

The officer, a senior detective with the Ethical Standards Command, took his employer 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”.

The decision, which the QPS is appealing, now calls into question up to dozens of other disciplinary actions taken against police officers.

When asked about the discipline process, a Queensland Police Service spokesman said that before a disciplinary matter was referred to the QPS Office of State Discipline, a “number of requirements are necessary depending on the level of misconduct alleged and whether they are a police or staff member”.

“Arising from this referral process legal challenges have been made by subject members to the referral of matters to the Office of State Discipline by Ethical Standards Command and other delegated officers,” the spokesman said.

“One such referral was the subject of consideration and decision by the QIRC … this decision is currently being appealed by the QPS and, as such, it would be inappropriate to comment further.”

Meanwhile, the QPS confirmed that Assistant Commissioner Maurice Carless, who leads the Office of State Discipline, will leave the service at the end of the year.

“Assistant Commissioner Maurice Carless remains employed with the Queensland Police Service, however has recently indicated an intention to retire at the end of 2023,” the spokesman said.