Atkinson v Horton - [2025] QCAT 39

QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL

CITATION: Atkinson v Horton [2025] QCAT 39

PARTIES:
GRAHAM ATKINSON

(applicant)

v

GLENN HORTON

(first respondent)

AND

CRIME AND CORRUPTION COMMISSION

(second respondent)

APPLICATIONNO/S: OCR231-21

MATTERTYPE: Occupational regulation matters

DELIVEREDON: 31 January 2025

HEARINGDATE: 13 November 2024

HEARDAT: Brisbane

DECISION OF: Judicial Member D J McGill SC

ORDERS:
1.     Decision of the first respondent of 2 July 2021 so far as it imposed a sanction on the applicant under the Police Service Administration Act 1990 (Qld) be set aside.

2.     In lieu thereof, impose on the applicant a sanction under that Act of demotion from Senior Constable

2.10 to Constable 1.6 for a period of three months, to take effect from the day on which the sanction imposed by the first respondent took effect.

3.     There be no order as to costs.

CATCHWORDS:
POLICE    —     INTERNAL    ADMINISTRATION     — DISCIPLINE AND DISMISSAL FOR MISCONDUCT —

QUEENSLAND – Review of decision by Tribunal – nature of review – whether failure to apply purpose of police discipline – whether demotion from Senior Constable to Constable manifestly excessive – whether matters treated as aggravating circumstances properly so regarded – sanction varied

Crime and Corruption Act 2001 (Qld) s 219Q

Police Service Administration Act 1990 (Qld) s 7.1

CCC v Didsman [2022] QCAT 35

CCC v Jeffries [2016] QCAT 331

CMC v Chapman [2011] QCAT 530
CMC v Eaton (No 2) [2011] QCAT 161
McKenzie v Wright [2011] QCATA 309
Police Service Board v Morris (1985) 156 CLR 397
Rohweder v Keating [2016] QCAT 347
Willmott v Carless [2024] QCA 115

APPEARANCES & REPRESENTATION:

Applicant: C Gnech solicitor of Gnech & Associates

Respondents:
M C O’Brien legal officer for the Queensland Police Service Legal Service for the first respondent.

P J Cardiff instructed by the second respondent, for the second respondent

REASONS FOR DECISION

This is in form a review by the Tribunal of certain disciplinary action taken against the applicant, a serving police officer, by the respondent.1 On 17 May 2021 the respondent, then Acting Assistant Commissioner, made a disciplinary finding against the applicant pursuant to Part 7 of the Police Service Administration Act 1990 (Qld) (“the Act”), namely, that on 19 April 2020 at Maroochydore his conduct was improper in that he drove a Police Service motor vehicle in a manner which recklessly exposed himself and other road users to unjustified risk of injury. Very lengthy particulars of the matter alleged were provided to the applicant, all of which were found substantiated by the respondent.
After receiving submissions as to sanction, on 2 July 2021 the respondent imposed the following sanctions on the applicant:
(a)Demotion from Senior Constable pay point 2.10 to Constable pay point 1.6.
(b)The demotion to be suspended after six months conditional on his not committing any grounds for discipline for the twelve month period from the date of the demotion.
(c)After six months to return to Senior Constable pay point 2.10, subject to the continuing satisfaction of the condition of the suspension.
Apart from…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Atkinson v Horton

Details

AGLC: Atkinson v Horton [2025] QCAT 39
Case: [2025] QCAT 39
Decision Date: 31 January 2025

CaseChat Overview and Summary

Atkinson v Horton involved a dispute between the applicant, a former Senior Constable, and the respondents, who were responsible for the internal administration and discipline of the police force. The applicant was demoted from Senior Constable to Constable 1.6 for a period of three months, and sought judicial review of the decision. The central issue before the court was whether the respondents' decision to demote the applicant was lawful and whether it was a manifestly excessive sanction. The court also considered whether certain matters were properly treated as aggravating circumstances.

The court found that the respondents' decision to demote the applicant was not manifestly excessive, but that the decision-making process was flawed. The court held that the respondents had failed to properly apply the purpose of police discipline, which is to maintain standards of conduct and ensure that members of the police force act with integrity and honesty. The court also found that certain matters were not properly treated as aggravating circumstances, and that this had resulted in the sanction being manifestly excessive. As a result, the court set aside the decision of the respondents and imposed a sanction of demotion from Senior Constable to Constable 1.6 for a period of three months, to take effect from the day on which the original sanction took effect.

The court did not make any order as to costs. The decision highlights the importance of proper application of the purpose of police discipline and the need for careful consideration of aggravating circumstances when imposing sanctions. It also demonstrates the role of the courts in reviewing decisions of administrative tribunals and ensuring that they are lawful and just.

Orders

Orders of the court

1. Decision of the first respondent of 2 July 2021 so far as it imposed a sanction on the applicant under the Police Service Administration Act 1990 (Qld) be set aside.

2. In lieu thereof, impose on the applicant a sanction under that Act of demotion from Senior Constable

2.10 to Constable 1.6 for a period of three months, to take effect from the day on which the sanction imposed by the first respondent took effect.

3. There be no order as to costs.

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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CITATION:	Atkinson v Horton [2025] QCAT 39
PARTIES:	GRAHAM ATKINSON (applicant)
v
GLENN HORTON (first respondent) AND CRIME AND CORRUPTION COMMISSION (second respondent)
APPLICATIONNO/S:	OCR231-21
MATTERTYPE:	Occupational regulation matters
DELIVEREDON:	31 January 2025
HEARINGDATE:	13 November 2024
HEARDAT:	Brisbane
DECISION OF:	Judicial Member D J McGill SC
ORDERS:	*1. Decision of the first respondent of 2 July 2021 so far as it imposed a sanction on the applicant under the Police Service Administration Act* 1990 (Qld) be set aside. 2. In lieu thereof, impose on the applicant a sanction under that Act of demotion from Senior Constable 2.10 to Constable 1.6 for a period of three months, to take effect from the day on which the sanction imposed by the first respondent took effect. 3. There be no order as to costs.**
CATCHWORDS:	POLICE — INTERNAL ADMINISTRATION — DISCIPLINE AND DISMISSAL FOR MISCONDUCT — QUEENSLAND – Review of decision by Tribunal – nature of review – whether failure to apply purpose of police discipline – whether demotion from Senior Constable to Constable manifestly excessive – whether matters treated as aggravating circumstances properly so regarded – sanction varied Crime and Corruption Act 2001 (Qld) s 219Q Police Service Administration Act 1990 (Qld) s 7.1 CCC v Didsman [2022] QCAT 35 CCC v Jeffries [2016] QCAT 331