Frazer v Assistant Commissioner Condon

CITATION:	Frazer v Assistant Commissioner Michael James Condon [2016] QCAT 271
PARTIES:	Jeffrey Robert Frazer (Applicant)
v
Assistant Commissioner Michael James Condon (Respondent)

APPLICATION NUMBER: OCR148-15

MATTER TYPE: Occupational regulation matters

HEARING DATE: 18 April 2016

HEARD AT: Brisbane

DECISION OF: Dr Cullen, Member

DELIVERED ON: 20 July 2016

DELIVERED AT: Brisbane

ORDERS MADE: 1.    The disciplinary sanction imposed by Assistant Commissioner Condon on Senior Constable Frazer, that from 22 July 2015 he be reduced in rank from Senior Constable pay point 2.9 to Senior Constable pay point 2.5, is confirmed.

CATCHWORDS:

DISCIPLINARY PROCEEDINGS – POLICE SANCTION – Officer’s argument that the penalty imposed was not proportionate rejected.

Police Service Administration Act 1990 (Qld), s 10.1, s 10.2
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 21

O’Brien v Assistant Commissioner Stephen Gollschewski, Queensland Police Service [2014] QCATA 148

APPEARANCES:

APPLICANT: The Applicant was self-represented

RESPONDENT: Mr John Merrell, of Counsel, instructed by Ms Belinda Wadley, Legal Services, Public Safety Business Agency

REASONS FOR DECISION

1. Senior Constable Jeffrey Frazer is a long-standing officer with the Queensland Police Service (‘QPS’), having completed 28-years of police service in both in Queensland and New South Wales.

2. Although he has worked for QPS for a suitably lengthy period to familiarise himself with applicable policies and procedures, Senior Constable Frazer has again found himself subject to disciplinary proceedings arising out of his conduct as an officer. The current proceedings arose after he accessed and released confidential information and misused police resources, without a business purpose. As will be revealed later in this decision, this was not the first time Senior Constable Frazer has been in a predicament in relation to his inability to understand the very clear parameters set by QPS in relation to this sort of conduct.

3. The Tribunal’s review in this matter is limited to a review of the appropriateness of the sanction imposed by the Respondent, Assistant Commissioner Michael Condon, in relation to Senior Constable Frazer’s conduct.[1]

   [1]The Directions issued by QCAT on 3 December 2015 constrain the review in this matter to a consideration of the sanction imposed.

What was the nature of the substantiated misconduct?

1. Following a disciplinary hearing by the respondent, the following matters were substantiated:

   Matter One:

   That on a date unknown between 29 June 2012 and 21 December 2012 at the Sunshine Coast your conduct was improper in that you:

   a)   accessed and released official and confidential information without an official purpose relating to the performance of your duties.

   [Sections 1.4, 10.1 and 10.2 of the Police Service Administration Act 1990 and Section 9(1)(f) of the Police Service (Discipline) Regulations 1990 and section 16 of the Standard of Practice as contained in the Human Resource Policies]

   Further and better particulars

   Investigations have identified that:

   In relation to Matter One:

   ·     Accessed intelligence reports regarding an assault complaint by Wayne Dwyer who is known to you on twelve (12) occasions;

   ·     Accessed QPRIME, Queensland Department of Transport and Main Roads (TRAILS) records relating to Lynda Meyers, Jacqueline…