| CITATION: | Newman v Assistant Commissioner Condon (No 2) [2016] QCAT 448 |
| PARTIES: | Mr Nikolas Newman (Applicant) |
| v | |
| Assistant Commissioner Mike Condon (Respondent) |
| APPLICATION NUMBER: | OCR040-15 |
| MATTER TYPE: | Occupational regulation matters |
| HEARING DATE: | 13 November 2015 27 July 2016 |
| HEARD AT: | Brisbane |
| DECISION OF: | Member Paratz |
| DELIVERED ON: | 18 November 2016 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. The decision of the Assistant Commissioner made on 16 March 2015 is set aside, and the following decision is substituted:- 2. A disciplinary finding of breach of discipline is substantiated as to Matter 1(a) as to the Burton and O’Brien allegations that as a shift supervisor Mr Newman failed to treat members with respect and dignity. 3. A disciplinary finding is not substantiated as to Matter 1(a) as to the Burke and Tibbett allegations that as a shift supervisor Mr Newman failed to treat members with respect and dignity. 4. A disciplinary finding of misconduct is substantiated as to Matter 1(b) that Mr Newman drove a motor vehicle at excessive speed when it was not authorised or justified. 5. A disciplinary finding of misconduct is substantiated as to Matter 1(c) that Mr Newman submitted an official report knowing it contained information that was false or misleading. 6. A disciplinary finding is not substantiated as to matter 1(d). 7. A disciplinary finding of misconduct is substantiated as to matter 1(e) that Mr Newman was unprofessional toward members of the public and inappropriately grabbed hold of a member of the public without authorisation, justification or excuse. 8. A disciplinary finding of misconduct is substantiated in relation to Matter 1(f) that Mr Newman knowingly provided false information to a senior officer conducting a disciplinary investigation. 9. A disciplinary order is made, pursuant to Section 10(e) of the Police Service (Discipline) Regulations 1990 (Qld), that: (1) Mr Nikolas Newman is reduced in rank from Senior Sergeant level 4.2 to Senior Constable level 2.9 from 6 March 2015 until 6 March 2016. (2) Mr Nikolas Newman is to progress from Senior Constable level 2.9 to Sergeant level 3.6 from 6 March 2016. |
| CATCHWORDS: | POLICE DISCIPLINARY – where a police officer sought review of disciplinary findings – whether allegations as failing to treat members with respect and dignity were substantiated - whether an allegation as to providing false information to a senior office conducting a disciplinary investigation was substantiated – whether the Tribunal was reasonably satisfied as to substantiation- where factors as to sanction were discussed Police Service Administration Act 1990 (Qld), s 1.4 Briginshaw v Briginshaw (1938) 60 CLR 336 |
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- Case
- [2016] QCAT 448
- Decision Date
CaseChat Overview and Summary
The court had to determine several key legal issues, including whether the allegations of failing to treat fellow officers with respect and dignity were substantiated, whether the claim that Newman provided false information to a senior officer during a disciplinary investigation was proven, and whether the Assistant Commissioner was reasonably satisfied that the disciplinary findings were substantiated. The court also needed to consider the appropriate sanctions to be imposed on Newman if the allegations were found to be substantiated.
In its reasoning, the Tribunal found that some of the allegations were substantiated while others were not. Specifically, the Tribunal upheld disciplinary findings that Newman failed to treat certain members with respect and dignity, drove a vehicle at excessive speed without justification, submitted an official report with false or misleading information, and was unprofessional towards the public. However, it did not uphold the allegations that Newman failed to treat other members with respect and dignity, and that he acted unprofessionally towards a member of the public without justification. The Tribunal concluded that the Assistant Commissioner was reasonably satisfied that the substantiated allegations were indeed breaches of discipline and misconduct.
The Tribunal set aside the Assistant Commissioner’s decision and substituted its own, ordering that certain disciplinary findings be upheld and others dismissed. It also imposed a disciplinary order reducing Newman's rank for a specified period and setting out his future progression in rank. This decision was made pursuant to the Police Service (Discipline) Regulations 1990 (Qld).
Orders
Orders of the court
1. The decision of the Assistant Commissioner made on 16 March 2015 is set aside, and the following decision is substituted:-
2. A disciplinary finding of breach of discipline is substantiated as to Matter 1(a) as to the Burton and O’Brien allegations that as a shift supervisor Mr Newman failed to treat members with respect and dignity.
3. A disciplinary finding is not substantiated as to Matter 1(a) as to the Burke and Tibbett allegations that as a shift supervisor Mr Newman failed to treat members with respect and dignity.
4. A disciplinary finding of misconduct is substantiated as to Matter 1(b) that Mr Newman drove a motor vehicle at excessive speed when it was not authorised or justified.
5. A disciplinary finding of misconduct is substantiated as to Matter 1(c) that Mr Newman submitted an official report knowing it contained information that was false or misleading.
6. A disciplinary finding is not substantiated as to matter 1(d).
7. A disciplinary finding of misconduct is substantiated as to matter 1(e) that Mr Newman was unprofessional toward members of the public and inappropriately grabbed hold of a member of the public without authorisation, justification or excuse.
8. A disciplinary finding of misconduct is substantiated in relation to Matter 1(f) that Mr Newman knowingly provided false information to a senior officer conducting a disciplinary investigation.
9. A disciplinary order is made, pursuant to Section 10(e) of the Police Service (Discipline) Regulations 1990 (Qld), that:
(1) Mr Nikolas Newman is reduced in rank from Senior Sergeant level 4.2 to Senior Constable level 2.9 from 6 March 2015 until 6 March 2016.
(2) Mr Nikolas Newman is to progress from Senior Constable level 2.9 to Sergeant level 3.6 from 6 March 2016.
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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