Borkowski v State of Queensland (Queensland Corrective Services)

In the case of Borkowski v State of Queensland (Queensland Corrective Services), the appellant, Mr. Borkowski, contested the disciplinary findings and actions taken against him by the respondent, the State of Queensland, represented by the Queensland Corrective Services (QCS). Mr. Borkowski, a Custodial Correctional Officer, was found to have failed to report and accurately report the use of force by a Correctional Supervisor against a prisoner, and faced disciplinary action pursuant to the Public Service Act 2008. The primary legal issue for the court was to determine whether the disciplinary findings and actions taken against Mr. Borkowski were fair and reasonable. The court had to examine the process followed, the evidence considered, and the proportionality of the penalties imposed in relation to the misconduct.

The court's reasoning focused on the importance of maintaining public confidence in the Queensland Corrective Services and the role of Custodial Correctional Officers in ensuring the proper and just administration of correctional facilities. The court concluded that the disciplinary findings and actions were fair and reasonable, given the substantiated conduct against Mr. Borkowski. The court accepted that the reduction in remuneration from GS1-9 to GS1-7 for a period of 12 months, while significant, was proportionate to the seriousness of the misconduct. The court also noted that the reliance on Custodial Correctional Officers to report suspicions of the use of force against prisoners is crucial to the public service's integrity and the maintenance of public confidence.

The final orders of the court confirmed the disciplinary findings and actions taken against Mr. Borkowski. The court revoked the stay of the discipline penalty decision, allowing the disciplinary actions to proceed. The court's decision underscored the importance of adhering to the requirements of the Code of Practice for the Queensland Public Service, as well as the need for public servants to act with integrity and uphold the law.