These proceedings concerned the proper disciplinary action for the misconduct of Senior Constable Damien Andersen, the first respondent. A disciplinary decision was made by the Deputy Commissioner (the second respondent), which the Crime & Corruption Commission (‘CCC’) (the applicant) sought review of in the Queensland Civil and Administrative Tribunal (‘QCAT’). That decision was appealed by the first respondent to the QCAT Appeal Tribunal, in which the Senior Constable was successful, and the sanctions imposed by QCAT were reduced.
The CCC sought leave to appeal the QCAT Appeal Tribunal’s decision to the Court of Appeal. The application was made on three grounds: that the Appeal Tribunal erred by excluding from consideration relevant conduct of Senior Constable Andersen; that the Appeal Tribunal erred in its application of R v De Simoni; and that the Appeal Tribunal erred in finding that QCAT’s imposed sanction was unreasonable and excessive. Their Honours determined that leave should be refused. And found that, first, the CCC’s application concerns a matter of fact, rather than an error of law. Second, the Appeal Tribunal’s reference to R v De Simoni was not in error as it supported the application of a relevant legal principle. Finally, the Appeal Tribunal’s decision concerning QCAT’s sanction did not involve any important issue of principle.
Ultimately, the Court determined that the grounds for application did not raise important issues of legal principle. Therefore, leave to appeal was not granted.
Scott McLeod QC appeared for the second respondent, the Deputy Commissioner, instructed by QPS Legal.
The judgment is published here.
