Acting Senior Constable Christopher Lee Wallis v Acting Deputy Commissioner D a (Tony) Wright

The case involved Acting Senior Constable Christopher Lee Wallis who sought a review of disciplinary proceedings against him by the Acting Deputy Commissioner D A (Tony) Wright. The applicant was issued a disciplinary notice and was afforded an opportunity to make submissions on the substantiation of the notice. However, the first substantiation decision was made together with the sanction decision, without the applicant being given an opportunity to make submissions on the sanction. The decision-maker later sought to repeal the first decision and made a second substantiation decision together with the sanction decision, this time inviting the applicant to make submissions on the sanction. The applicant and the Crime and Corruption Commission applied for a review of the substantiation and sanction decision. The applicant sought declarations under the Queensland Civil and Administrative Tribunal Act 2009 (Qld) and other orders.

The court was required to decide whether the tribunal can make a declaration before the review proceeding is finally decided, whether the first substantiation decision is a ‘reviewable decision’ for the purposes of the Crime and Corruption Act 2001 (Qld), whether the second substantiation decision is legally invalid, and whether further orders under the Queensland Civil and Administrative Tribunal Act 2009 (Qld) should be granted to amend the application to review and to extend time for filing the application or to strike out the second substantiation decision. The court considered the provisions of the QCAT Act and held that a declaration is a final order and the tribunal has a broad discretionary power to grant declaratory relief. The court accepted that the issue of whether there is a reviewable decision is a ‘matter’ that arises in the review proceeding and a declaration that the substantiation decision of 20 March 2018 is a ‘reviewable decision’ would be a ‘declaration about a matter’ in the proceeding.

The court dismissed the application for miscellaneous matters and directed the parties to file written submissions by specified dates. The proceeding was listed for a further oral hearing in Brisbane on a date and time to be advised by the tribunal not before 4:00pm on 28 January 2020. The court did not make any declarations or grant any further orders as the matter was not finally decided.