Crime and Corruption Commission v Deputy Commissioner Stephan Gollschewski & Anor (No 2)

The matter before the Court involved the Crime and Corruption Commission reviewing the disciplinary sanction imposed on two police officers, Deputy Commissioner Stephan Gollschewski and Senior Constable Majewski, for breaches of the Code of Conduct. The primary dispute centred on the appropriateness of the sanction imposed by the original decision-maker, which was a reduction in pay points for Senior Constable Majewski for a period of 12 months, coupled with a requirement to perform 80 hours of community service. This sanction was initially suspended contingent upon Senior Constable Majewski not engaging in further misconduct. The Commission sought to review the sanction imposed and both parties made joint submissions advocating for the substitution of the sanction.

The key legal issues before the Court were whether the original sanction was appropriate and whether a substitute sanction could be considered that might better align with the objectives of disciplinary processes, including deterrence, rehabilitation, and maintaining public confidence in the police force. The Court had to consider the principles of proportionality, consistency, and the specific circumstances of the misconduct. Additionally, the Court needed to weigh the submissions of both parties and decide if a different sanction was warranted.

In determining the appropriate sanction, the Court acknowledged the importance of maintaining public confidence in law enforcement and the necessity for disciplinary processes to be both fair and effective. The Court found that the original sanction did not adequately reflect the seriousness of the misconduct or sufficiently deter future breaches. Consequently, the Court set aside the original sanction and substituted a new one, reducing Senior Constable Majewski's pay point from 2.3 to 2.1 for six months, with eligibility to apply for pay point 2.4 thereafter, subject to the usual industrial requirements. This decision aimed to balance the need for a punitive measure with the opportunity for rehabilitation and continued service within the police force.