QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
Crime and Corruption Commission v Shearer [2024] QCAT 523
PARTIES:
CRIME AND CORRUPTION COMMISSION (applicant)
v
NAOMI C’ANN SHEARER (respondent)
APPLICATION NO/S:
OCR024-20
MATTER TYPE:
Occupational regulation matters
DELIVERED ON:
19 November 2024
HEARING DATE:
5 August 2024
HEARD AT:
Brisbane
DECISION OF:
Senior Member Fitzpatrick
ORDERS:
1. It is ordered that no disciplinary declaration is made.
2. The non-publication application is refused.
CATCHWORDS:
POLICE – INTERNAL ADMINISTRATION – DISCIPLINE AND DISMISSAL FOR MISCONDUCT – QUEENSLAND – where Crime and Corruption Commission referred application for a finding of corrupt conduct – where respondent pleaded guilty to refusal by public officer to perform duty – where only one charged was deemed to be corrupt conduct in initial hearing – where sanction to be determined by way of subsequent hearing – where respondent no longer a part of Queensland Police Service – whether parity principle applies to police officers in regard to tenure or rank – whether legislation as at date of the referral of proceedings or as at date of hearing to be relied upon – whether a discipline declaration can be made against a former police officer
Crime and Corruption Act 2001 (Qld) s 15, s 219I, s 219IA
Police Service Administration Act 1990 (Qld) s 2.3AA, s 7.1, s 10.1
Police Service Administration (Discipline Reform) and Other Legislation Amendment Act 2019 (Qld)Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 66
Compton v Deputy Commissioner Ian Stewart Queensland Police Service [2010] QCAT 384
Crime and Corruption Commission v Lee (No2) [2019] QCATA 151
Crime and Corruption Commission v Wright and Waller [2021] QCAT 304
Cutbush v Team Maree Property Service (No 3) [2010] QCATA 89
Earthquake Commission v Krieger [2014] NZLR 547
Fletcher v Queensland Nursing Council [2009] QCA 364
La Macchia v Minister for Primary Industry (1986) 72 ALR 23
Lee v Crime and Corruption Commission; Crime and Corruption Commission v Lee [2020] QCA 201
McNab Constructions Australia Pty Ltd v Queensland Building Services Authority [2010] QCA 380
Queensland College of Teachers v Duffin [2024] QCAT 298
APPEARANCES & REPRESENTATION:
Applicant:
P Price, Principal Lawyer, Crime and Corruption Commission
Respondent:
J R Hunter KC, instructed by Gnech and Associates Lawyers
REASONS FOR DECISION
Background
On 24 January 2020 the Crime and Corruption Commission (‘CCC’) applied to the Tribunal for a finding that disciplinary charges of corrupt conduct against Naomi C’Ann Shearer are proved and that a sanction of dismissal from employment as a Queensland Police Officer should be imposed. Three charges were raised against Ms Shearer.
On 5 December 2018 then Detective Senior Constable Shearer pleaded guilty to an offence of Refusal by a Public Officer to Perform Duty.
The offence arose out of an event on 27 July 2016 when Ms Shearer engaged in conduct which she acknowledged was a cause of a breath test not being conducted by other police officers, in respect of a driver who was a Victoria police officer on…
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- Case
- [2024] QCAT 523
- Decision Date
CaseChat Overview and Summary
The court considered the relevant statutory provisions and found that the parity principle does apply to police officers in relation to tenure or rank. The court held that the legislation as it stood at the date of the referral of proceedings should be relied upon. The court also found that a disciplinary declaration could not be made against a former police officer. Consequently, the court ordered that no disciplinary declaration be made, and the application for non-publication was refused. The decision highlights the importance of adhering to the correct legislative framework when dealing with disciplinary matters involving former police officers.
Orders
Orders of the court
1. It is ordered that no disciplinary declaration is made.
2. The non-publication application is refused.
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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