QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
Crime and Corruption Commission v Carless & Anor [2021] QCAT 216
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:
8 June 2021
HEARING DATE:
23 March 2021
HEARD AT:
Brisbane
DECISION OF:
Member Howe
ORDERS:
1. The decision of the first respondent Assistant Commissioner Maurice Carless made 9 July 2020 is set aside.
2. In lieu the Tribunal orders that Senior Constable Barry Wellington be demoted from Senior Constable level 2.10 to Constable level 1.6 for twelve months.
3. The Tribunal further orders that Senior Constable Barry Wellington not be permitted to relieve in a higher position for a period of six months.
CATCHWORDS:
POLICE – INTERNAL ADMINISTRATION – DISCIPLINE AND DISMISSAL FOR MISCONDUCT – QUEENSLAND – where a police officer was engaged in a pursuit of a vehicle – where the officer directed another junior officer to attempt an illegal stopping procedure – where the police officer also ignored directions from superiors to discontinue pursuit – where the offenders’ vehicle was stopped but then continued to drive away – where the officer fired twice at the departing vehicle – where the officer was suspended for five years whilst criminal charges were brought against him – where the charges were dismissed – where disciplinary charges were brought – where a penalty of reprimand was imposed – where the Crime and Corruption Commission sought review of the decision
Crime and Corruption Act 2001 (Qld) s 219I(3), s 219L(2)
Police Service Administration Act 1990 (Qld) s 2.3AA,
s 7.12Buttsworth v Walton [1991] NSWCA 40
Crime and Corruption Commission v A/C Keating & Anor [2015] QCAT 176
Dekker v Medical Board of Australia [2014] WASCA 216 Legal Services Commissioner v Fellows [2017] QCAT 337
O’Brien v Assistant Commissioner Taylor & Anor [2021] QCATA 12McKenzie v Acting Assistant Commissioner Wright [2011] QCATA 309
APPEARANCES & REPRESENTATION:
Applicant:
M Docwra, Solicitor, Crime and Corruption Commission
First Respondent:
M O’Brien, Solicitor, QPS Legal Unit
Second Respondent
C Gnech, Gnech & Associates
REASONS FOR DECISION
On 17 May 2015 the second respondent (‘Wellington’) was on duty with Constable Eckersley performing general duties in a Hyundai iLoad van at the Gold Coast. Wellington as a Senior Constable was senior officer. Constable Eckersley at that time was a junior constable.
They became involved in a pursuit of a Toyota Landcruiser which had been linked to a number of serious offences committed including armed robbery. Polair, the police helicopter, was asked to conduct patrols in the Biggera Waters area and Polair located the vehicle.
A tyre deflation device was successfully deployed to stop the vehicle, but whilst the Landcruiser’s tyres were punctured, it managed to continue at reduced speed, perhaps 40 to 60 kph.[1]
[1]Ex 1 page 1098 Line 92.
Senior Sergeant McGrath was senior duty officer at the time and he authorised a road…
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- Case
- [2021] QCAT 216
- Decision Date
CaseChat Overview and Summary
The Tribunal was required to determine whether the penalty imposed on Wellington was appropriate and whether it adequately reflected the gravity of his misconduct. This involved a careful examination of the applicable police regulations, relevant case law, and the principles of fairness and proportionality in disciplinary proceedings. The Tribunal had to balance the need for effective policing with the imperative to maintain public confidence in law enforcement.
The Tribunal found that the reprimand was inadequate and did not appropriately address the serious nature of Wellington's misconduct. It set aside the original disciplinary decision and imposed a more stringent penalty. The Tribunal demoted Wellington from Senior Constable level 2.10 to Constable level 1.6 for twelve months and prohibited him from relieving in a higher position for six months. The Tribunal reasoned that these measures were necessary to uphold the standards of the police force and to deter similar conduct in the future.
The Tribunal’s decision underscores the importance of rigorous disciplinary processes in maintaining the integrity of law enforcement agencies. The orders reflect a commitment to ensuring that penalties for misconduct are both fair and commensurate with the severity of the offence.
Orders
Orders of the court
1. The decision of the first respondent Assistant Commissioner Maurice Carless made 9 July 2020 is set aside.
2. In lieu the Tribunal orders that Senior Constable Barry Wellington be demoted from Senior Constable level 2.10 to Constable level 1.6 for twelve months.
3. The Tribunal further orders that Senior Constable Barry Wellington not be permitted to relieve in a higher position for a period of six months.
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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