Bowley v Deputy Commissioner Martin

CITATION:

Bowley v Deputy Commissioner Martin [2018] QCAT 111

PARTIES:

Collin Robert Bowley
(Applicant)

v

Deputy Commissioner Peter Martin

(Respondent)

APPLICATION NUMBER:

OCR273-17

MATTER TYPE:

Occupational regulation matters

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Member Cranwell

DELIVERED ON:

20 April 2018

DELIVERED AT:

Brisbane

ORDERS MADE:

The application for a stay is refused.

CATCHWORDS:

POLICE – INTERNAL ADMINISTRATION – DISCIPLINE AND DISMISSAL FOR MISCONDUCT – QUEENSLAND – where applicant resigned as police officer – where Deputy Commissioner declared applicant would have been dismissed if he had remained employed – whether applicant may have an arguable case on review

ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – whether balance of convenience favours a stay

Police Service Administration Act 1990 (Qld), Part 7A

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 24

Aldrich v Boulton & Anor [2000] QCA 501
Deputy Commissioner Stewart v Kennedy [2011] QCATA 254
Erathnage v Medical Board of Australia [2016] QCAT 418

APPEARANCES:

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (QCAT Act).

REASONS FOR DECISION

1. Mr Bowley resigned as a police officer effective from 30 June 2017.

2. On 7 November 2017, Deputy Commissioner Martin decided to take disciplinary action against Mr Bowley as a former officer under Part 7A of the Police Service Administration Act 1990 (Qld). The Deputy Commissioner declared that if Mr Bowley had remained employed with the Queensland Police Service, he would have been dismissed.

3. The Deputy Commissioner found that the following disciplinary ground was substantiated:

   Ground 1:

   That between 1 December 2016 and 13 January 2017 at Atherton your conduct was improper in that you:

   a)  accessed Queensland Police Service computer records relating to motor vehicles and their owners without an official purpose;

   b) drove an unregistered motor vehicle; and

   c) inappropriately acquired a motor vehicle and a campervan.

   …

   Further and better particulars:

   Investigations have identified that:

   In relation to Ground one (a):

   ·whilst on duty you conducted a number of computer checks on a white Hyundai Getz registration number 189SJW, Mr Patrick Powell  (former owner), a campervan registration number AM6528 and Mr John Barrett (former owner);

   ·on 2 December 2016, you conducted computer checks in relation to the White Hyundai Getz motor vehicle;

   ·on 4 December 2016 you conducted computer checks in relation to Mr Patrick Powell (former owner of the White Hyundai Getz);

   ·on 5 December 2016, you conducted computer checks in relation to the White Hyundai Getz motor vehicle;

   ·on 13 December 2016, you conducted computer checks in relation to a campervan registration number AM6528 and the former owner Mr John Barrett;

   ·on 13 December 2016, you conducted computer checks in relation to the White Hyundai Getz motor vehicle; and

   ·on 20 December 2016, you conducted computer checks in relation to the White Hyundai Getz motor vehicle.

   In relation to Ground one (b):

   ·on or about 16 December 2016, 19 December 2016 and 3…