SUPREME COURT OF QUEENSLAND
CITATION:
Gunter v Assistant Commissioner Wilkins & Anor [2021] QCA 274
PARTIES:
JOSHUA GUNTER
(applicant)
v
ASSISTANT COMMISSIONER BRIAN WILKINS
(first respondent)
CRIME AND CORRUPTION COMISSION
(second respondent)FILE NO/S:
Appeal No 5458 of 2021
QCATA No 305 of 2019DIVISION:
Court of Appeal
PROCEEDING:
Application for Leave Queensland Civil and Administrative Tribunal Act
ORIGINATING COURT:
Queensland Civil and Administrative Tribunal at Brisbane – [2021] QCATA 42 (Deputy President Judge Allen QC and Member Browne)
DELIVERED ON:
10 December 2021
DELIVERED AT:
Brisbane
HEARING DATE:
6 September 2021
JUDGES:
Sofronoff P and Morrison JA and Boddice J
ORDER:
The application be refused with costs.
CATCHWORDS:
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where the applicant was charged under Part 7 of the Police Service Administration Act 1990 (Qld) with having committed misconduct by accessing confidential information in the Queensland Police Service computer system without having an official purpose related to the performance of his duties – where the Assistant Commissioner found that the applicant had accessed the information “without an official purpose related to the performance of [his] duties as a member of the Queensland Police Service” and concluded that conduct was “improper” – where the applicant applied to the Queensland Civil and Administrative Tribunal for a review and the decision of the Assistant Commissioner was set aside – where the applicant appealed to the QCAT appeal tribunal which set aside the member’s decision and confirmed the Assistant Commissioner’s original decision – whether the appeal tribunal erred in its appreciation of the scope of a police officer’s duty to investigate – whether there are reasonable prospects of establishing that there has been an error of law
Crime and Corruption Act 2001 (Qld), s 219BA, s 219G, s 219H
Police Service Administration Act 1990 (Qld), Pt 7, s 1.4, s 7.4, s 7A.4
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 17, s 18, s 20Coulton v Holcombe (1986) 162 CLR 1; [1986] HCA 33, cited
Fox v Percy (2003) 214 CLR 118; [2003] HCA 22, cited
Paterson v Paterson (1953) 89 CLR 212; [1953] HCA 74, cited
Police Service Board v Morris (1985) 156 CLR 397; [1985] HCA 9, cited
Prestige & Rich Pty Ltd & Anor v Chief Executive, Department of Justice and Attorney General, Office of Fair Trading & Anor[2021] QCA 58, cited
Warren v Coombes (1979) 142 CLR 531; [1979] HCA 9, citedCOUNSEL:
M Black and T Schmidt for the applicant
S A McLeod QC for the first respondent
J L Gorry for the second respondentSOLICITORS:
Gnech and Associates for the applicant
Queensland Police Service Legal Unit for the first respondent
Crime and Corruption Commission for the second respondent
SOFRONOFF P: The applicant is a Sergeant of Queensland Police who accessed confidential information in the Queensland Police Service computer system on three separate occasions between November 2016 and February 2017. He was…
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- Case
- [2021] QCA 274
- Decision Date
CaseChat Overview and Summary
The primary legal issues in the appeal centred on the interpretation of "official purpose" and the scope of a police officer's duty as defined by the Police Service Administration Act 1990 (Qld). The court had to determine whether the appeal tribunal's interpretation of these terms and the scope of the officer's duty was correct, and whether the tribunal had considered all relevant material in making its decision. Additionally, the court needed to assess whether there were reasonable prospects that the appeal tribunal had erred in law, warranting further review.
In assessing the appeal, the court found that the appeal tribunal had correctly interpreted the statutory provisions and correctly applied the law. The tribunal had carefully considered the evidence and the arguments presented, and had not erred in its appreciation of the scope of a police officer's duty to investigate. The court concluded that there were no reasonable prospects that the appeal tribunal had made an error of law, and therefore the appeal was without merit. Consequently, the application was refused, and Gunter was ordered to pay the costs of the appeal.
Orders
Orders of the court
The application be refused with costs.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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