Belz v Assistant Commissioner Paul Wilson

CITATION: Belz v Assistant Commissioner Paul Wilson [2010] QCAT 595

PARTIES:	Mr Damien Belz
v
Assistant Commissioner Paul Wilson

APPLICATION NUMBER:   OCR288-10  

MATTER TYPE: Occupational regulation matters

HEARING DATE:     On the papers

HEARD AT:  Brisbane

DECISION OF: Joanne Browne, Member

DELIVERED ON: 16 November 2010

DELIVERED AT:      Brisbane

ORDERS MADE: 1. The application for stay is dismissed.

CATCHWORDS :  Application for stay
Queensland Civil and Administrative Tribunal Act 2009 section 22; public interest considered; and interests of the applicant considered

APPEARANCES and REPRESENTATION (if any):

Decision on the papers.

REASONS FOR DECISION

The Application

1. An application has been made by the applicant to review a decision made on 29 October 2010 by a assistant commissioner of police, Assistant Commissioner Paul Wilson (“the respondent”) in relation to a disciplinary hearing conducted under the Police Service Administration Act 1990 and the Queensland Police Human Resource Management Manual (“HRMM”) held on 19 October 2010.

1. The respondent delivered his findings and reasons on 29 October 2010 that the following disciplinary charge of misconduct against Sergeant Damien Anthony Belz (“the applicant”) was substantiated:

Matter 1

That on the 29^th day of November 2009 at Surfers Paradise your conduct did not meet the standard of conduct the community reasonably expects of a police officer in that you:

a)Used excessive force against Rebecca Maree Pitt, whist she was in custody; and

b)Used excessive force against Rebecca Maree Pitt, whilst she was in custody.

[Section 1.4 and 7.4 of the Police Service Administration Act 1990 and s. 9(1) (f) of the Police Service (Discipline) Regulations 1990.]

Further and better particulars

Investigations have identified that:

§On 29 November 2009 you held the position of Sergeant at the Surfers Paradise Police Station, within the South Eastern Region;

§You performed duty as a shift supervisor from 11:00pm in the prisoner processing area at Surfers Paradise Station;

§At about 11:40pm on 29 November 2009 Rebecca Maree Pitt was in custody and placed in a holding cell; and

§While in the holding cell the prisoner attempted to self harm by hitting her head against fixed objects within the holding cell.

In relation to 1 a):

§At about 11:50pm on 29 November 2009 you entered the holding cell, took hold of Rebecca Maree Pitt’s hair and moved her from the cell floor to the cell bench seat.

In relation to 1 b):

§At about 11:52pm on 29 November 2009 you re-entered the holding cell, took hold of Rebecca Maree Pitt’s hair and moved her from the cell bench seat to an area outside that holding cell.

1. The respondent having found the charge to be substantiated ordered that the applicant be demoted in rank from Sergeant 3.3 to Senior Constable 2.9 for a period of twelve (12) months from [29 October 2010] and further ordered that:

“At the end of the twelve month period and dependant upon your successful completion of your Performance Planning and Assessment (PPA), I order you be eligible to apply for the rank of Sergeant”.

1. The applicant…