Assistant Commissioner Brian JA Wilkins v Gunter (No. 2)

The matter before the court was an appeal by Assistant Commissioner Brian JA Wilkins against a decision of the Queensland Civil and Administrative Tribunal. The appeal arose from a disciplinary proceeding against Gunter, a police officer. The primary issue was whether the Tribunal was correct in finding that a disciplinary matter was not substantiated, when the decision maker had previously found the same matter to be substantiated. Additionally, the appeal sought leave to rely on fresh evidence not presented at the original hearing.

The court considered whether the Tribunal had the authority to make factual findings when the decision maker had already made such findings, and whether there was an error in the exercise of the Tribunal's discretion. The court held that the Tribunal had erred in its decision, as it was an error of mixed fact and law. The appeal was allowed on the grounds that the Tribunal's decision was incorrect and that the Assistant Commissioner's original finding of misconduct was substantiated.

The court granted leave to appeal and set aside the Tribunal's decision, reinstating the Assistant Commissioner's original finding of misconduct. The court refused the application for leave to rely on fresh evidence. Finally, the court prohibited the publication of certain personal information in line with the provisions of the Queensland Civil and Administrative Tribunal Act 2009.