Gee v Deputy Commissioner Ian Stewart

CITATION: Gee v Deputy Commissioner Ian Stewart [2011] QCAT 402

PARTIES:	Miss Nicole Robyn Gee (Applicant/Appellant)
v
Deputy Commissioner Ian Stewart (Respondent)

APPLICATION NUMBER:   OCR259-10

MATTER TYPE: Occupational regulation matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Hon James Thomas AM QC, Member

DELIVERED ON: 26 August 2011

DELIVERED AT: Brisbane

ORDERS MADE:     

1.   The application is dismissed;

2.   The applicant’s written submissions be delivered on or before 16 September 2011;

3.   The respondent’s written submissions be delivered on or before 7 October 2011;

4.   The matter be set down for hearing on 30 November 2011 in Brisbane.

CATCHWORDS:

Police disciplinary charges – applicant seeking directions that respondent provide further documents and information – whether such documents and information were relevant to proper determination of the charges – prior opportunity to raise such matters – whether evidence "new" under s 219H of Crime and Misconduct Act 2001 – Power to interrogate decision maker in conduct of review

Queensland Civil and Administrative Tribunal Act 2009, s 21
Crime and Misconduct Commission Act 2001, s 219H

APPEARANCES and REPRESENTATION (if any):

This matter was heard and determined on the papers pursuant to s 32 of Queensland Civil and Administrative Tribunal Act2009 (QCAT Act).

REASONS FOR DECISION

1. On 23 September 2010 the respondent found nine charges of misconduct substantiated against the applicant, and ordered that she be dismissed from the police service.

1. The applicant, Sergeant Nicole Gee, then brought proceedings in the QCAT, seeking review of the decisions.

1. Sergeant Gee will be referred to as “the applicant” and the respondent, Deputy Commissioner Stewart as “the decision maker”.

1. The present application is that the decision maker provide further documents and information to the Tribunal before the applicant presents her final written submissions.

1. It has been agreed that this matter be determined on the papers.

The charges

1. The respondent was charged with nine matters of misconduct, covering a wide variety of behaviour.  The charges are:

Matter One
That between the 28^th day of February 2008 and the 24^th day of January 2009 at Mt Isa or elsewhere your conduct shows unfitness to be or continue as an officer in that you:

(a)dishonestly applied to your own use, or to the use of another person, a ‘Trailblaza’ portable camping fridge donated to the Mount Isa Police Citizens Youth Club for that club’s assistance.

Matter Two
That on the 16^th day of December 2008 at Brisbane your conduct was improper in that you:

(a)were untruthful to Inspector Raymond Rohweder during your disciplinary interview.

Matter Three
That on the 23^rd day of April 2009 at Rockhampton your conduct was improper in that you:

(a)were untruthful to Inspector Raymond Rohweder and Inspector David Hickey during your disciplinary interview.

Matter Four
That between the 1^st day of July 2007 and the 17^th day of April 2008 at Mt Isa elsewhere your conduct shows unfitness to be or continue as an officer in that you:

(a)dishonestly applied to your…