Crime and Misconduct Commission v Chapman & Anor

CITATION: Crime and Misconduct Commission v Chapman & Anor [2011] QCAT 229

PARTIES:	Crime and Misconduct Commission
v
Steven Chapman (First Respondent) Assistant Commissioner Paul Wilson (Second Respondent)

APPLICATION NUMBER:   OCR030-11

MATTER TYPE: Occupational regulation matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Mr James Thomas AM QC, Member

DELIVERED ON: 25 May 2011

DELIVERED AT: Brisbane

ORDERS MADE:    

It is ordered that the time for the making of the application in the present matter be extended to the date upon which the application was filed with QCAT.

CATCHWORDS:

PROCEDURE – EXTENSION OF TIME – where Applicant sought short extension of time – circumstances and reasons when appropriate to grant extension

Queensland Civil and Administrative Tribunal Act 2009, s 61
Crime and Misconduct Act 2001, s 219(G)

APPEARANCES and REPRESENTATION (if any):

The matter was heard and determined on the papers under section 32 of the Queensland Civil and Administrative Tribunal Act 2009. Written submissions were received from the Applicant, the Crime and Misconduct Commission; from Mr Calvin Grech, Solicitor, Queensland Police Union of Employees on behalf of the first Respondent and Ms Christina Heffner, Solicitor from the Office of Queensland Police Service Solicitor.

REASONS FOR DECISION

NATURE OF PROCEEDINGS

1. This is an application by the CMC for an extension of time for the making of an application to review the second Respondent’s decision in disciplinary proceedings against the first Respondent.

2. Under section 219(G) of the Crime and Misconduct Act 2001, which is the enabling Act for proceedings of the present kind, an application is required to be made within 14 days after the day on which notice of the decision or finding was given. However under section 61(1)(a) of the Queensland Civil and Administrative Tribunal Act 2009 the Tribunal has the power to “extend a time limit fixed for the start of a proceeding by this Act or and enabling Act”.

The present application was filed with QCAT on 17 February 2011 which was one day late.

CIRCUMSTANCES

1. This is one of four interconnected disciplinary matters arising out of an incident in the Nerang district on 16 June 2006 which involved a police pursuit of a motorcycle ending in a death.  The four officers against whom the proceedings were brought were Sergeant CP McLoughlin, Senior Constable Hilton Buckley, Constable Shayne Webley and the present Respondent Steven Chapman.  Various charges were brought, ranging from failure to observe police policy concerning pursuits to the giving of untruthful statements to investigators.

2. In the result, the decision maker Assistant Commissioner Paul Wilson –

   a.    Found that misconduct was not established against Sergeant McLoughlin.

   b.    Found that misconduct was not substantiated against Constable Webley.

   c.    Found that misconduct was not substantiated against Senior Constable Buckley.

   d.    Found that two particulars of misconduct were substantiated against Constable Chapman, and imposed a sanction of two penalty units for each matter.

3. On 2 February 2011 the CMC was given notice of all four decisions of which it now seeks review.  The…