Deputy Commissioner Stewart v Dark

The applicant, the Deputy Commissioner of the Queensland Police Service, appealed against the decision of the QCAT Appeal Tribunal, which reviewed the disciplinary action taken against the respondent, a former QPS constable. The applicant's original decision to dismiss the respondent on the basis of six substantiated matters of misconduct, which arose from a tumultuous period in the respondent’s personal life, was challenged by the respondent. The QCAT member upheld the applicant’s findings on five of the six matters, confirming the dismissal sanction. However, the QCAT Appeal Tribunal later reviewed the matter, confirming only two of the original substantiated matters, setting aside the remaining four, and quashing the dismissal sanction, instead imposing a six-month suspension.

The legal issues in this case centred around whether the QCAT Appeal Tribunal correctly identified the misconduct and the appropriate sanction. The applicant argued that the Tribunal erred in concluding that two of the unsubstantiated matters did not constitute misconduct, and that the sanction imposed for the two confirmed matters was manifestly inadequate. The respondent, on the other hand, contended that even if the Tribunal’s determination on the misconduct was incorrect, the matter should be remitted back to the Appeal Tribunal to reconsider the sanction. The central question was whether the matters in dispute constituted misconduct and, if so, what the appropriate disciplinary action should be.

The court found that the QCAT Appeal Tribunal had indeed erred in its determination regarding the misconduct of matters 3 and 4. The court held that these matters did constitute misconduct. Additionally, the court agreed that the sanction imposed for matters 1 and 2 was manifestly inadequate. The court concluded that the matter should be remitted to the QCAT Appeal Tribunal to determine the appropriate sanction in light of the confirmed misconduct and the inadequacy of the original penalty.

The court granted leave to appeal, allowed the appeal, set aside the relevant parts of the Appeal Tribunal's decision, and remitted the matter back to the QCAT Appeal Tribunal for reconsideration of the sanction. This decision ensures that the tribunal has the opportunity to address the misconduct appropriately and impose a sanction that reflects the seriousness of the actions.