An application was brought by the appellant, a police officer with the Queensland Police Service, for a statutory order of review in respect of a decision of the first respondent determining that a professional development strategy would not be imposed pursuant to s 7.9(2) of the Police Service Administration Act 1990 (Qld) (“the Act”) was dismissed.
The appellant contended that no valid decision had been made because there had been a breach of the rules for natural justice in making the determination not to impose a professional development strategy as part of a disciplinary complaint process.
The primary Judge found that the decision not to impose a professional development strategy was a preliminary step in the disciplinary process, and there was no requirement to give the applicant an opportunity to make submissions at that stage. In these proceedings, the appellant appealed that decision. The grounds of appeal being that, upon a true construction of the relevant provisions of the Act, the first respondent’s decision making power under s 7.9 of that Act was regulated by requirement for procedural fairness and the failure to do so rendered that decision invalid with the consequence that the second respondent had no power to make a decision under s 7.27 of that Act.
Scott McLeod QC appeared for the respondent, instructed by Queensland Police Service Legal Service.
The judgment is published here.
