Cuttler v Commissioner of the Queensland Police Service

In the case of Cuttler v Commissioner of the Queensland Police Service, the applicant, Cuttler, sought judicial review of a decision by the Commissioner of the Queensland Police Service, which refused his application to be employed as a police recruit. The decision was made by the Manager, Recruiting Section, Human Resource Management Branch, after the applicant had previously applied for and been denied employment due to his criminal history. The Commissioner, however, had the authority to delegate his powers to determine applications for police recruits to other officers and staff, and had given a direction that when an applicant had previously undertaken the selection process, the decision to process a further application rested with the Manager, Recruiting Section. The Commissioner had also formally delegated his power to determine applications for appointment as a police recruit to the Manager, Human Resource Development Branch.

The primary legal issue for the court was whether the Manager, Recruiting Section, Human Resource Management Branch was authorised to determine the applicant's application. The court considered whether the delegation of powers by the Commissioner was valid, and whether the decision-maker had acted within the scope of the delegation. The court also examined whether the decision was in accordance with the direction given by the Commissioner.

The court found that the delegation of powers by the Commissioner was valid, as it was in accordance with the statutory framework governing the Queensland Police Service. However, the court determined that the decision-maker, the Manager, Recruiting Section, Human Resource Management Branch, had not acted within the scope of the delegation. The court held that the decision to not process the applicant's application was not in accordance with the direction given by the Commissioner, which stated that when an applicant had previously undertaken the selection process, the decision to process a further application rested with the Manager, Recruiting Section. As a result, the court found that the decision was invalid and ordered that the applicant's application be referred to the Commissioner for further consideration and to be dealt with according to law.

The court allowed the application for statutory review and/or review and ordered that the applicant's application to be engaged by the Queensland Police Service as a recruit be referred to the Commissioner for further consideration and to be dealt with by the Commissioner according to law. The court did not make any further orders.