Acting Senior Constable Christopher Lee Wallis v Acting Deputy Commissioner D a (Tony) Wright (No 2)
Case
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[2020] QCAT 426
•10 November 2020
Details
AGLC
Case
Decision Date
Acting Senior Constable Christopher Lee Wallis v Acting Deputy Commissioner D a (Tony) Wright (No 2) [2020] QCAT 426
[2020] QCAT 426
10 November 2020
CaseChat Overview and Summary
In the matter of Acting Senior Constable Christopher Lee Wallis, an applicant, and Acting Deputy Commissioner D a (Tony) Wright, a respondent, the matter was heard before the Queensland Civil and Administrative Tribunal. The applicant sought a review of the respondent's decision to substantiate allegations of misconduct made against him. The allegations related to incidents where the applicant failed to comply with a direction, presented a rifle during a pursuit, failed to complete an evade police occurrence, and discharged four rounds from his service issue firearm into a moving vehicle. The respondent found the allegations substantiated and imposed a sanction.
The central legal issues before the tribunal were whether the allegations of misconduct were proven to the required standard and whether the sanction imposed was appropriate. The applicant contested the substantiation of the allegations and the subsequent sanction, while the Crime and Corruption Commission sought a review of the sanction decision.
The tribunal confirmed the decision of the respondent that the allegations were substantiated. It held that the evidence supported the respondent's findings that the applicant's conduct amounted to misconduct. Regarding the sanction, the tribunal found that the respondent's decision-making process was flawed and ordered the Crime and Corruption Commission to file submissions on the appropriate sanction. The tribunal directed the parties to exchange written submissions and scheduled a date for determining the sanction based on those submissions.
The tribunal confirmed the substantiation of the allegations and directed the Crime and Corruption Commission to file submissions on the appropriate sanction. It also set a timeline for the exchange of written submissions and scheduled a date for determining the sanction based on the submissions.
The central legal issues before the tribunal were whether the allegations of misconduct were proven to the required standard and whether the sanction imposed was appropriate. The applicant contested the substantiation of the allegations and the subsequent sanction, while the Crime and Corruption Commission sought a review of the sanction decision.
The tribunal confirmed the decision of the respondent that the allegations were substantiated. It held that the evidence supported the respondent's findings that the applicant's conduct amounted to misconduct. Regarding the sanction, the tribunal found that the respondent's decision-making process was flawed and ordered the Crime and Corruption Commission to file submissions on the appropriate sanction. The tribunal directed the parties to exchange written submissions and scheduled a date for determining the sanction based on those submissions.
The tribunal confirmed the substantiation of the allegations and directed the Crime and Corruption Commission to file submissions on the appropriate sanction. It also set a timeline for the exchange of written submissions and scheduled a date for determining the sanction based on the submissions.
Details
Key Legal Topics
Areas of Law
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Administrative Law
Legal Concepts
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Jurisdiction
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Substantiation of Allegations
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Sanction
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General Administrative Review
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Natural Justice & Procedural Fairness
Actions
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Most Recent Citation
Ss v Assistant Commissioner Marty Mickelson [2021] QCAT 73
Cases Citing This Decision
6
BJB v Acting Deputy Commissioner Wright & CCC
[2021] QCAT 448
Ss v Assistant Commissioner Marty Mickelson
[2021] QCAT 73
Cases Cited
6
Statutory Material Cited
4
Acting Senior Constable Christopher Lee Wallis v Acting Deputy Commissioner D a (Tony) Wright
[2019] QCAT 342
Murray v Deputy Commissioner Stewart
[2011] QCAT 583
Briginshaw v Briginshaw
[1938] HCA 34