Kennedy v Deputy Commissioner Stewart

The matter of Kennedy v Deputy Commissioner Stewart involved the applicant, Mr Kennedy, a former police officer, appealing against the respondent's decision to substantiate certain misconduct charges. The respondent, the Deputy Commissioner, upheld charges that the applicant's conduct did not meet the standard of conduct generally expected from a police officer in specific incidents. The Queensland Civil and Administrative Tribunal (QCAT) was tasked with reviewing the merits of the decision made by the respondent.

The legal issues before QCAT included whether the respondent's decision was reasonable and whether the charges of misconduct were substantiated based on the evidence provided. Specifically, the tribunal had to consider whether the applicant's actions in facilitating the transfer of alcohol into a community subject to an Alcohol Management Plan, dishonestly gaining the benefit of a portable camping fridge, and allowing a civilian to possess police accoutrements were justified or improper.

In its decision, QCAT found that the respondent's decision to substantiate the charge regarding the transfer of alcohol was unreasonable as the applicant's actions did not meet the standard of conduct expected from a police officer. However, the charge regarding the dishonest gain of the portable camping fridge was upheld as substantiated. Additionally, the charge concerning the possession of police accoutrements by a civilian was deemed not substantiated due to a lack of evidence that the applicant's conduct was improper.

The tribunal set aside the respondent's decision on two of the charges and confirmed the decision on one charge. It also directed the parties to file and serve their submissions on sanction by specified dates.