QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
Crime and Corruption Commission v Assistant Commissioner MJ Keating & Anor [2021] QCAT 419
PARTIES: CRIME AND CORRUPTION COMMISSION (applicant)
v
ASSISTANT COMMISSIONER MJ KEATING
ANTHONY TRAGIS
(respondents)
APPLICATION NO/S:
OCR039-20
MATTER TYPE:
Occupational regulation matters
DELIVERED ON:
24 November 2021
HEARING DATE:
26 October 2021
HEARD AT:
Brisbane
DECISION OF:
Member Browne
ORDERS:
The decision of Assistant Commissioner MJ Keating dated 28 January 2020 to impose a sanction on Anthony Tragis of 12 penalty units to be deducted from Anthony Tragis’ pay at a rate of one (1) penalty unit per fortnight is confirmed.
CATCHWORDS:
POLICE – INTERNAL ADMINISTRATION – DISCIPLINE AND DISMISSAL FOR MISCONDUCT – QUEENSLAND – where allegations of misconduct – where subject officer accepts the charges of misconduct – where disciplinary sanction imposed – where the Crime and Corruption Commission applies to review the sanction decision – where allegations of misconduct were found to be substantiated – where subject officer treated motorists with disrespect and abuse and failed to exercise discretionary legal power – whether sanction imposed is correct and preferable
Crime and Corruption Act 2001 (Qld), s 219A, s 219L, s 219P, s 219Q, s 452, Schedule 2
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 17, s 18, s 19, s 20, s 66
Penalties and Sentences Regulation 2015 (Qld)
Police Service Administration Act 1990 (Qld), s 1.4, s 7.1, s 7.34.
Aldrich v Ross [2001] 2 Qd R 235
Briginshaw v Briginshaw (1938) 60 CLR336
Caesar v Deputy Commissioner Brett Pointing [2017] QCAT 169
Crime and Corruption Commission v Lee (No 2) [2019] QCATA 151
Murray v Deputy Commissioner Stewart [2011] QCAT 583O’Brien v Assistant Commissioner Taylor & Anor [2021] QCATA 12
APPEARANCES & REPRESENTATION:
Applicant:
P Price, Principal Lawyer for the Crime and Corruption Commission
Respondent:
MC O’Brien, Senior Legal Officer for the Queensland Police Service
TE Schmidt, Counsel for Anthony Tragis
REASONS FOR DECISION
Between 9 December 2017 and 9 January 2018, inclusive, Senior Constable Anthony Tragis treated motorists with disrespect and abuse and inappropriately exercised discretionary legal power concerning a life-endangering offence when dealing with an off-duty police officer. Mr Tragis was working as a single-officer patrol at the relevant time of the conduct.
Disciplinary charges for Mr Tragis’ conduct in 2017 and 2018, were presented by the Queensland Police Service (QPS).
Mr Tragis accepted the two matters of misconduct and on 28 January 2020, the Assistant Commissioner imposed a sanction of 12 penalty units to be deducted from Mr Tragis’ pay at a rate of one penalty unit per fortnight. At the relevant time, the total amount of the fine was $1,601.40 (the sanction decision).[1] The Assistant Commissioner prepared written reasons for the sanction decision dated 28 January 2020.[2]
[1]See the Penalties and Sentences Regulation 2015 (Qld), one penalty unit being $133.45 at the relevant time.
[2]Exhibit 1.
The Commission applies to review the sanction decision. The Commission argues that Mr Tragis’ conduct in general, and particularly his decision to give…
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- Case
- [2021] QCAT 419
- Decision Date
CaseChat Overview and Summary
The legal issues before the court centred on whether the Assistant Commissioner's findings of misconduct were supported by the evidence and whether the proposed sanctions were appropriate. The court needed to determine if the misconduct was properly characterised and if the sanctions were commensurate with the severity and nature of the misconduct. The court also had to consider whether the Assistant Commissioner had acted within his jurisdiction and followed a fair process in reaching his decision.
The court found that the Assistant Commissioner's findings of misconduct were well-supported by the evidence. The court noted that Mr Tragis’s conduct was not only disrespectful and abusive but also violated established police protocols and policies. The court upheld the characterisation of the misconduct and agreed with the Assistant Commissioner's assessment of its severity. Regarding the sanctions, the court found that they were appropriate and proportionate to the misconduct. The court concluded that the Assistant Commissioner had exercised his discretion reasonably and in accordance with the law.
The final orders of the court were to affirm the findings of misconduct and the sanctions imposed by the Assistant Commissioner, thus upholding the decision in its entirety. The court found no grounds to interfere with the Assistant Commissioner’s determination and endorsed the measures taken to address the misconduct.
Orders
Orders of the court
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Background
Background to the litigation
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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