Crime and Corruption Commission v Assistant Commissioner Codd

QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL

CITATION:

Crime and Corruption Commission v Assistant Commissioner Codd & Anor [2019] QCAT 7

PARTIES:

CRIME AND CORRUPTION COMMISSION

(applicant)

v

ASSISTANT COMMISSIONER BRIAN CODD

(first respondent)

DEAN JAMES GODFREY

(second respondent)

APPLICATION NO/S:

OCR101-17

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

22 January 2019

HEARING DATE:

9 May 2018

HEARD AT:

Brisbane

DECISION OF:

Member Fitzpatrick

ORDERS:

1.  The decision of Assistant Commissioner Brian Codd under review is confirmed.

2.  The Applicant is to notify the Respondents and the Tribunal by 29 January 2019 if it requires a determination of an appropriate sanction and if so required, the First and Second Respondents are to file and serve submissions by 5 February 2019.

3.  The Second Respondent to file and serve any submissions in relation to costs by 29 January 2019.

4.  The Applicant and First Respondent to file and serve any submissions in relation to costs by 5 February 2019.

CATCHWORDS:

POLICE – INTERNAL ADMINISTRATION – DISCIPLINE AND DISMISSAL FOR MISCONDUCT

– QUEENSLAND – where police officer provided a watch-house photograph to a member of the public – whether provision of the photograph was for a justifiable operational reason consistent with the functions of the police service – whether provision of the photograph was improper – safety considerations

Crime and Corruption Act 2001 (Qld), s 219G, s 219H

Police Service Administration Act 1990 (Qld), s 2.3, s 4.9, s 10.1(c), s 10.2

Police Service (Discipline) Regulations 1990 (Qld), s 9(1)(f)

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 20

Aldrich v Ross [2001] 2 Qd R 235
Briginshaw v Briginshaw (1938) CLR 336
Heffernan v Harris ex parte Heffernan [1992] QCA 412
Jones v Dunkel (1959) 101 CLR 298

Lee v Crime and Corruption Commission [2014] QCATA 326

Officer JGB v Deputy Commissioner Gollschewski and Anor [2016] QCAT 348

Res 1 v Medical Board of Queensland [2008] QCA 152

APPEARANCES & REPRESENTATION:

Applicant:

D Caughlin of the Crime and Corruption Commission

First Respondent:

B Wadley of the Queensland Police Service

Second Respondent:

C Hartigan, instructed by Gilshenan and Luton Solicitors

REASONS FOR DECISION

1. This is an application for review of a decision by the First Respondent that a charge of misconduct against the Second Respondent was not substantiated. That decision was made on 10 May 2017.

2. By Order made 12 June 2017, pursuant to s 66 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) publication of the names and/or identifying particulars of all third parties is prohibited. Accordingly, third parties and their addresses have been changed to random letters and use of the words ‘an address’.

3. The role of the Tribunal is to arrive at the preferable decision after a fresh hearing on the merits, by reference to the original evidence before the decision maker and any new evidence admitted with leave of the Tribunal.1 The standard of proof is reasonable satisfaction on the balance of probabilities.2

4. I have considered all material filed in the matter which was the original evidence…