The Queensland Police Service appealed from a decision of the Supreme Court of Queensland and a decision of the Full Bench of the Queensland Industrial Relations Commission. The Queensland Court of Appeal heard both appeals together. The question in both appeals was the requirements of a valid prescribed officer referral issued under the Police Service and Administration Act 1990 (Qld). A prescribed officer referral is the first step in considering disciplinary proceedings against police officers. The Court of Appeal dismissed both appeals, holding that to be valid, a prescribed officer referral must refer a complaint for the consideration of a particular police officer who is a “prescribed officer” within the meaning of the Act.
Scott McLeod KC and Matthew Wilkinson acted for the Queensland Police Service, instructed by the QPS Legal Unit.
The judgment is published here.