Philp v State of Queensland (Department of Education)

The matter in Philp v State of Queensland (Department of Education) involved a teacher, the Appellant, who was charged with offences under the Criminal Code Act 1899 (Qld). The Respondent, the State of Queensland (Department of Education), suspended the Appellant without remuneration pursuant to s 137(4) of the Public Service Act 2008 (Qld). The Appellant appealed against the decision to extend the suspension without remuneration, arguing that it was unfair and unreasonable.

The legal issues the court had to decide included whether the decision to extend the suspension without remuneration was fair and reasonable, and whether the Appellant was entitled to normal remuneration during the suspension. The court had to consider the mandatory requirements of the Public Service Act 2008 (Qld), the Suspension Directive, and the concept of 'reasonable belief' as opposed to 'reasonable suspicion'. The court also had to determine whether the Appellant was afforded a proper opportunity to be heard before the decision to suspend him without pay.

The court found that the Respondent's decision to extend the suspension without remuneration was not fair and reasonable. The court considered the serious nature of the allegation against the Appellant, but found that the 'reasonable suspicion' of the police officer was not the same as the required'reasonable belief' of the chief executive. The court also found that the Appellant was not afforded the proper opportunity to be heard, and that the mandatory requirement for procedural 'natural justice' had not been adequately discharged. Therefore, the appeal was allowed.

The court ordered that the appeal be allowed, the decision of 28 February 2023 be set aside and another decision be substituted, the Appellant be returned to suspension on normal remuneration effective from 28 February 2023, and the Respondent reimburse the Appellant for the normal remuneration he had been deprived of from 28 February 2023.