Hume v Keating

The appeal by Senior Constable Colin Hume against a disciplinary decision by the Queensland Police Service (QPS) was heard by the court. Senior Constable Hume was found guilty of misconduct after being convicted of drink driving while off duty. The QPS imposed a sanction of a reduction in his paypoint from Senior Constable 2.9 to 2.8 for 12 months, suspended upon him completing 100 hours of community service at a Police Citizens Youth Club within 12 months. This decision was upheld by the Queensland Civil and Administrative Tribunal (QCAT). Senior Constable Hume now appeals the QCAT's decision on the grounds that it was incorrect and that the sanction was manifestly excessive, particularly in light of his diagnosed chemical depression. He also argues that the QCAT failed to adequately weigh mitigating factors and apply the principles of general and personal deterrence.

The court was required to determine whether the QCAT erred in confirming the QPS's decision and whether the sanction imposed was appropriate. Specifically, the court needed to assess whether the QCAT applied the correct legal principles, whether the sanction achieved the purposes of discipline, and whether the sanction was excessive given the mitigating factors. The court also needed to consider whether the principles of general and personal deterrence, as applied in similar cases, were relevant and whether the sanction imposed was manifestly excessive.

The court found that the QCAT did not err in law and correctly confirmed the QPS's decision. The court held that the sanction imposed was appropriate and that the purposes of discipline were achieved. The court found that the QCAT had adequately considered the mitigating factors, including Senior Constable Hume's diagnosed chemical depression, and that the principles of general and personal deterrence were relevant. The court found that the sanction was not manifestly excessive and dismissed the appeal. However, the court varied the sanction to extend the time for Senior Constable Hume to complete his community service by four months from the date of the decision. The court invited submissions on whether further time should be granted for the completion of community service.