Crime and Corruption Commission v Carless - [2025] QCAT 433

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Crime and Corruption Commission v Carless & Anor [2025] QCAT 433

PARTIES:

CRIME AND CORRUPTION COMMISSION

(applicant)

v

ASSISTANT COMMISSIONER MAURICE CARLESS

(first respondent)

SENIOR CONSTABLE BARRY WELLINGTON

(second respondent)

APPLICATION NO/S:

OCR235-20

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

23 October 2025

HEARING DATE:

14 November 2024

HEARD AT:

Brisbane

DECISION OF:

Member Carrigan

ORDERS:

The Tribunal Orders that:

1.     The Crime and Corruption Commission is granted leave to adduce new evidence in relation to the materials in the proceedings OCR114-22;

2.     Senior Constable Barry Wellington is granted leave to adduce new evidence in relation to provision of character references and his witness statement;

3. Pursuant to s 24(1)(b) of the Queensland Civil and Administrative Tribunal Act 2009 (Qld):

(a)     the decision made on 9 July 2020 by Assistant Commissioner Maurice Carless on disciplinary action against Senior Constable Barry Wellington is set aside; and

(b)     the Tribunal substitutes its own decision that Senior Constable Barry Wellington be demoted from Senior Constable level 2.10 to Constable level 1.6 for a period of 12 months;

4. Further consideration by the Tribunal of the date, pursuant to s 24(2) of the Queensland Civil and Administrative Tribunal Act 2009 (Qld), upon which the demotion to Constable level 1.6 takes effect is adjourned for further hearing and to enable the parties to provide to the Tribunal further submissions and new evidence, if any, and the Tribunal makes the following Directions:

(a)     Assistant Commissioner Maurice Carless is to file in the Tribunal two (2) copies and is to give to the Crime and Corruption Commission and to Senior Constable Barry Wellington one (1) copy of his submissions and Application to adduce new evidence, if any, including documents or copies of all the new evidence to be relied upon relating to all relevant events to these proceedings of any prior period of demotion of Senior Constable Barry Wellington including the starting date and the end date of any period of demotion and whether there has been an adjustment of salary in accordance with that demotion, on or before;

     4.00 pm on Wednesday, 12 November 2025.

(b)     The Crime and Corruption Commission and Senior Constable Barry Wellington are to file in the Tribunal two (2) copies and are to give to Assistant Commissioner Maurice Carless one (1) copy of their submissions in reply, including an Application to adduce new evidence, if any, including documents or copies of all the new evidence to be relied upon relating to all relevant events to these proceedings of any prior period of demotion of Senior Constable Barry Wellington including the starting date and the end date of any period of demotion and whether there has been an adjustment of salary in accordance with that demotion, on or before;

        4.00 pm on Friday, 28 November 2025

(c) Unless any party makes a written request filed in the Tribunal by 4.00 pm on 28 November 2025 for an oral hearing, the Tribunal will proceed, pursuant to s…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Crime and Corruption Commission v Carless

Details

AGLC: Crime and Corruption Commission v Carless [2025] QCAT 433
Case: [2025] QCAT 433
Decision Date: 23 October 2025

CaseChat Overview and Summary

The parties involved in this case are the Crime and Corruption Commission and Senior Constable Barry Wellington. The dispute centres on allegations of misconduct and breach of discipline against Senior Constable Wellington, including improper conduct, failure to comply with operational procedures, and the discharge of a service issue firearm without justification. The Queensland Civil and Administrative Tribunal was tasked with reviewing the decision made by Assistant Commissioner Maurice Carless on 9 July 2020 regarding disciplinary action against Senior Constable Wellington.

The legal issues before the Tribunal involved determining whether there was an error of law in the reviewable decision made by Assistant Commissioner Carless. This required the Tribunal to examine the evidence, assess the conduct of Senior Constable Wellington, and evaluate whether the disciplinary action taken was appropriate. The central focus was on whether the decision to not impose a demotion on Senior Constable Wellington was flawed, given the nature and seriousness of his alleged misconduct.

The Tribunal found that there was indeed an error of law in the Assistant Commissioner’s decision. The Tribunal concluded that the Assistant Commissioner had failed to adequately consider the severity of the misconduct and had not provided sufficient reasons for not imposing a demotion. Consequently, the Tribunal set aside the Assistant Commissioner’s decision and substituted its own decision, demoting Senior Constable Wellington from Senior Constable level 2.10 to Constable level 1.6 for a period of 12 months. The Tribunal also directed further submissions and evidence on the effective date of the demotion to enable a more informed decision on when the demotion should take effect.

In summary, the Tribunal’s orders included granting leave for new evidence, setting aside the Assistant Commissioner’s decision, substituting its own decision on demotion, and adjourning further consideration of the effective date of the demotion to allow for additional submissions and evidence.

Orders

Orders of the court

The Tribunal Orders that:

1. The Crime and Corruption Commission is granted leave to adduce new evidence in relation to the materials in the proceedings OCR114-22;

2. Senior Constable Barry Wellington is granted leave to adduce new evidence in relation to provision of character references and his witness statement;

3. Pursuant to s 24(1)(b) of the Queensland Civil and Administrative Tribunal Act 2009 (Qld):

(a) the decision made on 9 July 2020 by Assistant Commissioner Maurice Carless on disciplinary action against Senior Constable Barry Wellington is set aside; and

(b) the Tribunal substitutes its own decision that Senior Constable Barry Wellington be demoted from Senior Constable level 2.10 to Constable level 1.6 for a period of 12 months;

4. Further consideration by the Tribunal of the date, pursuant to s 24(2) of the Queensland Civil and Administrative Tribunal Act 2009 (Qld), upon which the demotion to Constable level 1.6 takes effect is adjourned for further hearing and to enable the parties to provide to the Tribunal further submissions and new evidence, if any, and the Tribunal makes the following Directions:

(a) Assistant Commissioner Maurice Carless is to file in the Tribunal two (2) copies and is to give to the Crime and Corruption Commission and to Senior Constable Barry Wellington one (1) copy of his submissions and Application to adduce new evidence, if any, including documents or copies of all the new evidence to be relied upon relating to all relevant events to these proceedings of any prior period of demotion of Senior Constable Barry Wellington including the starting date and the end date of any period of demotion and whether there has been an adjustment of salary in accordance with that demotion, on or before;

4.00 pm on Wednesday, 12 November 2025.

(b) The Crime and Corruption Commission and Senior Constable Barry Wellington are to file in the Tribunal two (2) copies and are to give to Assistant Commissioner Maurice Carless one (1) copy of their submissions in reply, including an Application to adduce new evidence, if any, including documents or copies of all the new evidence to be relied upon relating to all relevant events to these proceedings of any prior period of demotion of Senior Constable Barry Wellington including the starting date and the end date of any period of demotion and whether there has been an adjustment of salary in accordance with that demotion, on or before;

4.00 pm on Friday, 28 November 2025

(c) Unless any party makes a written request filed in the Tribunal by 4.00 pm on 28 November 2025 for an oral hearing, the Tribunal will proceed, pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld), to hear and determine the issue of the date that the demotion takes effect from in accordance with the submissions and any Application filed by the parties without the parties or their representatives appearing at the hearing.

Background

Background to the litigation

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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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