The applicant (Johnson) was a sergeant of the Queensland Police Service (QPS). In October 2019, disciplinary proceedings were commenced against him alleging unnecessary use of force against civilians. Johnson challenged the lawfulness of the disciplinary proceedings on the basis that the Assistant Commissioner did not have jurisdiction under the Police Service Administration Act 1990 (Qld) to start the disciplinary proceeding.
The case turned on the proper construction of ss 7.10 and 7.11 of the Police Service Administration Act 1990 (Qld). The Court held that the disciplinary hearing notice issued by the second respondent was invalid.
Scott McLeod QC acted for the respondents, the Commissioner of the QPS and Assistant Commissioner Maurice Carless. Matthew Wilkinson appeared at the hearing for the respondents. Both were instructed by the QPS Legal Unit.
The judgment is published here.
