O'Brien v Assistant Commissioner Paul Taylor

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

O’Brien v Assistant Commissioner Paul Taylor & Anor [2018] QCAT 373

PARTIES:

KATIE O’BRIEN
(applicant)

v

ASSISTANT COMMISSIONER PAUL TAYLOR

(first respondent)

CRIME AND CORRUPTION COMMISSION

(second respondent)

APPLICATION NO/S:

OCR0185-18

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

Date of orders 24 September 2018

Reasons delivered 5 November 2018

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Senior Member Aughterson

ORDERS:

1.   Direction 2 made by the Tribunal on 12 June 2018 joining the Crime and Corruption Commission as a respondent to the review proceedings is confirmed.

2.   For purposes of certainty, by this decision no limitation is placed on the Crime and Corruption Commission in relation to the exercise of rights conferred on a party to the proceedings under the Queensland Civil and Administrative Tribunal Act 2009 (Qld).

CATCHWORDS:

POLICE – EXTERNAL OVERSIGHT – application for review – police discipline – application to join Crime and Corruption Commission – where earlier direction allowing joinder – where question of whether active or passive party – where fresh application seeking active participation – whether status of parties determined by the Tribunal

Crime and Corruption Act 2001 (Qld), s 15, s 47, s 48, Schedule 2
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 22(3), s 32(2), s 40(1)(d), s 41, s 42(1), s 47(3),
s 48(4), s 52(6), s 53(4), s 58(2), s 59(3), s 61(4), s 62(6), s 63(5), s 66(3), s 73(3), s 90(4), s 95, s 97(2), s 99(3),
s 111(3)(b), s 118(3), s 122(2), s 133(2), s 135(2),
s 138(1), s 142(1)

Aldrich v Ross [2001] 2 Qd R 235
Crime and Misconduct Commission v Wilson & Anor [2012] QCA 314
HD & BHW v Department of Communities, Child Safety and Disability Services [2018] QCAT 18
Lee v Crime and Corruption Commission & Anor (2016) 259 A Crim R 96

REPRESENTATION:

Applicant:

C Gnech, Queensland Police Union Legal Group

First Respondent:

Second Respondent:

Queensland Police Service

JL Gorry, Crime and Corruption Commission

APPEARANCES:

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld).

REASONS FOR DECISION

1. On 4 April 2018, the Applicant filed an application to review a disciplinary sanction imposed by the First Respondent. On 25 May 2018, the Second Respondent made application to be joined as a party to the proceeding. In that application, it was stated that the Crime and Corruption Commission (the ‘CCC’) “seeks to be joined as a passive party to the review of the sanction”. It was added:

   In relation to the review, it is submitted that the interests of the Respondent and the CCC do not materially diverge such as to warrant the CCC playing an active role in the review of the sanction. However, consistently with the position taken in Wilson, the CCC wishes to preserve its appeal rights should the Applicant succeed in overturning the decision regarding sanction.[1]

   [1]The reference to Wilson is a reference…