Hickey v Crime and Misconduct Commission

In the matter of Hickey versus the Crime and Misconduct Commission, the appeal was heard in the Queensland Court of Appeal. The primary issue before the court was whether the Crime and Misconduct Commission had the authority to investigate and take disciplinary action against the appellant, Mr Hickey, for his conduct during the period when he was an employee of the Queensland Police Service. The respondent argued that the Commission had the power to investigate the appellant's conduct and that the investigation and disciplinary proceedings were lawful.

The court examined the statutory framework that granted the Commission the authority to investigate misconduct, including conduct that occurred while the individual was employed by another body, such as the Queensland Police Service. The court also considered whether the Commission's actions were consistent with the principles of natural justice and whether the appellant had been given a fair opportunity to respond to the allegations against him. The court held that the Commission did have the power to investigate the appellant's conduct and that the investigation and disciplinary proceedings were lawful.

Ultimately, the court dismissed the appeal and ordered the respondent to pay costs to the appellant. The court found that the Commission's investigation and disciplinary proceedings were conducted in a manner that was consistent with the principles of natural justice and that the appellant had been given a fair opportunity to respond to the allegations against him. The court also held that the Commission's actions were consistent with the statutory framework that granted it the authority to investigate misconduct.