Aldrich v Ross

Case [2000] QCA 501


SUPREME COURT OF QUEENSLAND

CITATION: Aldrich v Boulton & Anor [2000] QCA 501
PARTIES: WILLIAM GRANT ALDRICH
(applicant/respondent)
v
KERRY  FRANCIS BOULTON
(first respondent/not a party to the appeal)
CALLUM GRANT ROSS
(second respondent/appellant)
FILE NO/S: Appeal No 2861 of 2000
SC No 8825 of 1999
DIVISION: Court of Appeal
PROCEEDING: General Civil Appeal
ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON: 12 December 2000
DELIVERED AT: Brisbane
HEARING DATE: 6 September 2000
JUDGES:

Pincus and Thomas JJA, Muir J

Separate reasons for judgment of each member of the court, each concurring as to the orders made

ORDER: Appeal allowed.  Set aside the judgment of the Supreme Court dated 6 March 2000 and in lieu thereof order that the respondent’s application for a statutory order of review is dismissed.  Respondent to pay the appellant's costs of the appeal to be assessed.
CATCHWORDS:

ADMINISTRATIVE LAW – JUDICIAL REVIEW LEGISLATION – COMMONWEALTH, QUEENSLAND AND AUSTRALIAN CAPITAL TERRITORY – GROUNDS FOR REVIEW OF DECISION – ERROR OF LAW

POLICE – MISCONDUCT AND DISCIPLINE – QUEENSLAND

POLICE – TRIBUNALS AND OTHER AUTHORITIES – nature of appeal available from the decision of a prescribed officer to dismiss a police officer from the Queensland Police Service under the Police Service Administration Act 1990 – where prescribed officer determined that the appellant should be dismissed from the force – where decision of prescribed officer overturned by Misconduct Tribunal – whether principles from House v The King (1936) 55 CLR 499 applied to the appeal to the Misconduct Tribunal – whether the Misconduct Tribunal erred in overturning the decision of the prescribed officer in the absence of a demonstrable error of law by the prescribed officer – prescribed officer under no obligation to give reasons for decision – weighing up of indicia as to nature of the appeal – Brideson [No 2] (1990) 170 CLR 267 and Coal & Allied Operations v AIRC (2000) 74 ALJR 1348 discussed – Misconduct Tribunal required to make its own decision on the evidence available - whether Misconduct Tribunal exceeded or misapplied its powers on the appeal – relevant criteria when appeal against penalty is heard upon same material as that before prescribed officer

Judicial Review Act 1991 (Qld), s 20(2)
Misconduct Tribunals Act 1997 (Qld), s15, s 16, s 20, s 21, s 23, s 24, s 26, 27, s 28
Police Service Administration Act 1990 (Qld), s 7.4
Police Service (Discipline) Regulations 1990 (Qld), reg 9

Australian Coal and Shale Employees’ Federation v The Commonwealth (1953) 94 CLR 621, considered
Bradshaw v Medical Board of Western Australia (1990) 3 WAR 322, referred to
Builders Licensing Board v Sperway Constructions (Syd) Pty Ltd (1976) 135 CLR 616, considered
Coal & Allied Operations Pty Ltd v AIRC (2000) 74 ALJR 1348, considered
Corporation of the City of Enfield v Development Assessment Commission (2000) 199 CLR 135, considered
Cranssen v The King (1936) 55 CLR 509, referred to
Ex parte Australian Sporting Club Ltd; Re Dash (1947)…

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AGLC
Aldrich v Ross [2000] QCA 501
Case
[2000] QCA 501
Decision Date

CaseChat Overview and Summary

The case of Aldrich v Ross involved an appeal against the dismissal of a police officer from the Queensland Police Service. The appellant, Aldrich, was dismissed by a prescribed officer under the Police Service Administration Act 1990. This decision was subsequently overturned by a Misconduct Tribunal. The dispute reached the court, which was required to determine whether the principles set out in House v The King applied to the appeal to the Misconduct Tribunal. Additionally, the court had to decide whether the Misconduct Tribunal had erred in overturning the prescribed officer's decision without identifying a demonstrable error of law. Another issue was whether the prescribed officer was obligated to provide reasons for their decision. The court also had to weigh the various indicators of the nature of the appeal, referencing cases such as Brideson [No 2] and Coal & Allied Operations v AIRC.

The court examined the nature of the appeal available from the decision of a prescribed officer to dismiss a police officer. It was necessary to determine whether the principles from House v The King applied to the appeal to the Misconduct Tribunal. The court noted that the prescribed officer was not required to provide reasons for their decision. The court also considered the relevant criteria when an appeal against a penalty is heard on the same material as that before the prescribed officer. The court found that the Misconduct Tribunal was required to make its own decision based on the evidence available. The key issue was whether the Misconduct Tribunal exceeded or misapplied its powers when overturning the prescribed officer's decision in the absence of a demonstrable error of law.

The court held that the principles from House v The King did not apply to the appeal to the Misconduct Tribunal. The court found that the prescribed officer was not obligated to provide reasons for their decision, and the Misconduct Tribunal was required to make its own decision based on the evidence presented. The court concluded that the Misconduct Tribunal did not err in overturning the prescribed officer's decision, as there was no demonstrable error of law. The court found that the Misconduct Tribunal did not exceed or misapply its powers. The appeal was allowed, and the judgment of the Supreme Court was set aside. The respondent's application for a statutory order of review was dismissed, and the respondent was ordered to pay the appellant's costs of the appeal.

Orders

Orders of the court

Appeal allowed. Set aside the judgment of the Supreme Court dated 6 March 2000 and in lieu thereof order that the respondent’s application for a statutory order of review is dismissed. Respondent to pay the appellant's costs of the appeal to be assessed.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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