QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
Jones v Acting Assistant Commissioner Horton [2021] QCAT 209
PARTIES: SENIOR CONSTABLE LYNETTE JONES (applicant)
v
ACTING ASSISTANT COMMISSIONER GLENN HORTON (respondent)
APPLICATION NO/S:
OCR 214-20
MATTER TYPE:
Occupational regulation matters
DELIVERED ON:
11 June 2021
HEARING DATE:
15 December 2020
HEARD AT:
Brisbane
DECISION OF:
Member Paratz AM
DECLARATION, ORDERS & DIRECTIONS:
1. Acting Assistant Commissioner Glenn Horton had (and has) power or authority under the Police Service Administration Act 1990 (Qld) to make the decision which is the subject of the current proceeding, and that the Tribunal has jurisdiction to review that decision.
2. Part of the decision made by Acting Assistant Commissioner Glenn Horton on 18 May 2020 to substantiate a finding of misconduct in Matter 1 as to particulars 1, 2, 4, 5, 6, 7, 8, 9, 10, 12, 15, and 16, is set aside.
3. Part of the decision made by Acting Assistant Commissioner Glenn Horton on 18 May 2020 to substantiate a finding of misconduct in Matter 1 as to particulars 3, 11, 13 and 14, is confirmed.
4. The matter is to be set for a Directions Hearing before Member Paratz AM, at a date and time to be advised by the Registry, not before 28 days after the issuing of this order, to discuss:
(a) Directions as to the procedure as to dealing with the aspect of Sanction;
(b) Further directions in the matter as appropriate.
CATCHWORDS:
POLICE – INTERNAL ADMINISTRATION – DISCIPLINE AND DISMISSAL FOR MISCONDUCT – QUEENSLAND – whether disciplinary proceedings which were commenced by a prescribed officer prior to amendments to the relevant Act were continued by a notice given by a subsequent prescribed officer – whether particulars of improper conduct by engaging in negative workplace behaviour were substantiated
Police Service Administration Act 1990 (Qld), s. 1.4,
s 7.25, s 7.27, s 7.4, s 7.10, s 7.12, s 11.20, s 11.22Arndt v Crime and Misconduct Commission & Anor [2013] QCATA 340
Briginshaw v Briginshaw (1938) 60 CLR 336
Chapman v Crime and Misconduct Commission [2012] QCATA 16
Crime and Corruption Commission v Dawes & Anor [2017] QCAT 66
Crime and Misconduct Commission v Assistant Commissioner Swindells and Ors [2009] QSC 409APPEARANCES & REPRESENTATION:
Applicant:
M. Black of Counsel instructed by Maurice Blackburn Lawyers
Respondent:
M. Nicholson of Counsel instructed by the Queensland Police Service Legal Unit
REASONS FOR DECISION
Lynette Jones (‘the Officer’) is a Senior Constable with the Queensland Police Service.
Assistant Commissioner Glenn Horton (‘the Assistant Commissioner’) made two disciplinary decisions in relation to the officer, one on 18 May 2020 as to substantiation (‘the substantiation decision’), and one on 24 June 2020 as to sanction (‘the sanction decision’).
The officer filed an Application to Review the two decisions on 21 July 2020.
There are several aspects raised by the officer:
(a)A preliminary point of jurisdiction as to whether the Assistant Commissioner had (and has) power or authority to make the…
Keep reading for free
Create a free CaseChat account to read Jones v Acting Assistant Commissioner Horton and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2021] QCAT 209
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.