O'Brien v Assistant Commissioner Paul Taylor - [2019] QCAT 127

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION: O’Brien v Assistant Commissioner Paul Taylor & Anor [2019] QCAT 127

PARTIES: KATIE O’BRIEN

(applicant)

v

ASSISTANT COMMISSIONER PAUL TAYLOR

(first respondent)

CRIME AND CORRUPTION COMMSION

(second respondent)

APPLICATION NO/S: OCR085-18

MATTER TYPE: Occupational regulation matters

DELIVERED ON: 15 May 2019

HEARING DATE: 18 February 2019

HEARD AT: Brisbane

DECISION OF: Member Browne

ORDERS:
1.   The decision of Assistant Commissioner Paul Taylor dated 29 March 2018 in relation to sanction is set aside and the following decision is substituted:

(a) Katie O’Brien is demoted from Sergeant 3.3 to Senior Constable 2.10 effective from 29 March 2018.

(b) Katie O’Brien is eligible to progress subject to the usual industrial requirements effective from 29 March 2018.

(c)   Within twelve (12) months of the date of this order Katie O’Brien must complete the following:

(i)       Ethics and ethical decision-making - (QC1022-02-A);

(ii)      Information Security - (QCA0544)); and

(iii)     QPRIME fundamentals – (QC0544-02).

2.   Other than to the parties to the proceeding, publication is prohibited of the names of any information that could identify or lead to the identification of any persons other than Katie O’Brien, Assistant Commissioner Paul Taylor and any other police officers.

CATCHWORDS:
POLICE – INTERNAL ADMINISTRATION – DISCIPLINE AND DISMSAL FOR MISCONDUCT – QUEENSLAND – where the applicant police officer accessed official information contained within the Queensland Police Service computer system – where the applicant police officer released confidential information accessed through the Queensland Police Service computer system – where allegations of misconduct were found to be substantiated – where sanction imposed – where police officer demoted in rank and pay point – where application to review the sanction imposed – whether sanction imposed is correct and preferable

Crime and Corruption Act 2001 (Qld), s 219BA, s 219H, Schedule 2
Police Service Administration Act 1990 (Qld), s 1.4, s 2.2, s 2.3, s 3.2
Police Service (Discipline) Regulations 1990 (Qld), s 3
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 17, s 19, s 20, s 21, s 66

Aldrich v Ross [2001] 2 Qd R 235
Briginshaw v Briginshaw (1938) 60 CLR 336
Comptom v Deputy Commissioner Ian Stewart Queensland Police Service [2010] QCAT 384
Crime and Corruption Commission v Acting Deputy Commissioner Barron and Anor [2015] QCAT 96
Crime and Misconduct Commission v Swindells & Gardener [2010] QCAT 490
Hardcastle v Commissioner of Police (1984) 53 ALR 595
McKenzie v Acting Assistant Commissioner Tony Wright [2011] QCATA 309
Murray v Deputy Commissioner Stewart [2011] QCAT 583
Police Service Board v Morris (1985) 156 CLR 397

APPEARANCES & REPRESENTATION:

Applicant: C Gnech of the Queensland Police Union Legal Group

Respondents: M O’Brien of the Queensland Police Service Legal Unit
J Gorry of the Crime and Corruption Commission

REASONS FOR DECISION

Katie O’Brien was demoted from Sergeant pay point level 3.3 to Senior Constable 2.9 following a finding of misconduct by Assistant Commissioner Paul Taylor.[1]
[1]Decision made on 29 March 2018. See Exhibit 1, Part A pages 1-18.
At the time of the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2019] QCAT 127
Decision Date: 15 May 2019

CaseChat Overview and Summary

In the matter of Katie O'Brien, an applicant, and Assistant Commissioner Paul Taylor, the respondent, the dispute arose from the respondent's decision to sanction O'Brien for accessing and subsequently releasing confidential information within the Queensland Police Service computer system. This case was heard in the Industrial Court of Queensland. The applicant sought a review of the sanction imposed on her, which included demotion in rank and a reduction in pay point.

The central legal issue before the court was whether the sanction imposed by the respondent was correct and preferable. This involved a detailed examination of the evidence presented regarding the applicant's misconduct and the appropriateness of the disciplinary action taken against her. The court had to consider the principles of natural justice, proportionality, and the standards expected of police officers in maintaining confidentiality and ethical conduct.

The court found that the decision to demote O'Brien from Sergeant 3.3 to Senior Constable 2.10 was disproportionate given the circumstances of her misconduct. It was determined that while O'Brien's actions were indeed a breach of protocol, the severity of the sanction did not align with the nature of the offence. Consequently, the court set aside the original sanction and substituted it with a lesser demotion to Senior Constable 2.10, effective from the date of the original sanction. Furthermore, O'Brien was required to complete specific training modules within twelve months, focusing on ethics, information security, and QPRIME fundamentals. The court also imposed restrictions on the publication of information that could identify other individuals involved in the proceedings.

The final orders of the court included the modification of the sanction imposed on O'Brien, the requirement for her to undertake specified training, and restrictions on the publication of certain information to protect the identities of other individuals involved in the case.

Orders

Orders of the court

1. The decision of Assistant Commissioner Paul Taylor dated 29 March 2018 in relation to sanction is set aside and the following decision is substituted:

(a) Katie O’Brien is demoted from Sergeant 3.3 to Senior Constable 2.10 effective from 29 March 2018.

(b) Katie O’Brien is eligible to progress subject to the usual industrial requirements effective from 29 March 2018.

(i) Ethics and ethical decision-making - (QC1022-02-A);

(ii) Information Security - (QCA0544)); and

(iii) QPRIME fundamentals – (QC0544-02).

2. Other than to the parties to the proceeding, publication is prohibited of the names of any information that could identify or lead to the identification of any persons other than Katie O’Brien, Assistant Commissioner Paul Taylor and any other police officers.

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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