Scott v Assistant Commissioner Peter Martin

Case [2015] QCAT 423
CITATION: Scott v Assistant Commissioner Peter Martin [2015] QCAT 423
PARTIES: Lyane Scott
(Applicant)
v
Assistant Commissioner Peter Martin
(Respondent)
APPLICATION NUMBER: OCR066-15
MATTER TYPE: Occupational regulation matters
HEARING DATE: 30 September 2015
HEARD AT: Brisbane
DECISION OF: Member Howard
DELIVERED ON: 21 October 2015
DELIVERED AT: Brisbane
ORDERS MADE: 1.    The decision of Assistant Commissioner Peter Martin is confirmed.
CATCHWORDS:

DISCIPLINARY PROCEEDINGS- POLICE-
SANCTION- Where senior constable presented for work under the influence of alcohol- where officer was subjected to targeted alcohol testing and returned readings of .121% and .118%- where officer untruthfully told a senior officer she had caught a bus to work- where officer’s motor vehicle later seen in vicinity of police station- where officer admitted on next working day having driven to work -where out of character for officer who was subject to significant stressors- where officer initiated and completed rehabilitation course and counselling- where officer has largely completed sanction imposed by the respondent- where officer otherwise has meritorious record and references

Crime and Corruption Act 2001 (Qld), s 291A, s 219H, s 219J, s 219L
Police Service (Discipline) Regulations 1990 (Qld), reg 3, reg 12
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 3, s 17, s 18, s 19, s 20

Aldrich v Ross [2001] 2 Qd R 235
Crime and Misconduct Commission v Swindells & Gardiner [2010] QCAT 490
Hardcastle v Commissioner of Police (1984) 53 ALR 593, 597
Hume v Acting Assistant Commissioner Michael Keating [2015] QCAT 202
Tolsher v Commissioner of Police Ian Stewart (No 2) [2013] QCAT 590
O’Brien v Assistant Commissioner Stephen Gollschewski, Queensland Police Service [2014] QCATA 148
Police Service Board v Morris (1985) 156 CLR 397
Queensland Police Service v Compton (No 2) [2011] QCATA 246
Re Bowen [1996] 2 Qd R 8
Teacher J v Queensland College of Teachers [2012] QCATA 115
Yabsley v Acting Assistant Commissioner Michael Keating (No 2) [2015] QCAT 359.

APPEARANCES:

APPLICANT: Mr T Schmidt of Counsel appeared for Ms Scott
RESPONDENT: Mr C Capper, Public Safety Business Agency, in-house lawyer appeared for Assistant Commissioner Peter Martin

REASONS FOR DECISION

  1. Ms Lyane Scott was a Senior Constable in the Queensland Police Service on 3 August 2013. She did not arrive for duty that morning at her scheduled shift commencement time of 7am. Another officer telephoned her. She subsequently arrived at work at about 7:30am, at which time she took possession of her accoutrements and loaded her service revolver.  

  2. Shortly after her arrival, she was informed by Inspector Cryer that she was to undergo a targeted alcohol (breath) test. Two tests were taken, the first between 7.30 and 7.40 am. The second test was taken at about 8 am. On those tests, her alcohol readings were 0.121% and 0.118% respectively. When later interviewed, she admitted consuming alcohol until perhaps, 3 or 4 am.[1] Shortly afterwards, in response to Inspector Cryer’s question about how she had travelled to work, she said ‘bus.’ She was stood down from her duties…

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AGLC
Scott v Assistant Commissioner Peter Martin [2015] QCAT 423
Case
[2015] QCAT 423
Decision Date

CaseChat Overview and Summary

Senior Constable Scott has brought an appeal against a decision made by Assistant Commissioner Peter Martin to impose a sanction following an incident in which Scott presented for work under the influence of alcohol. The Assistant Commissioner subjected Scott to targeted alcohol testing, which returned readings of.121% and.118%. Scott initially claimed she had caught a bus to work, however, her vehicle was later seen in the vicinity of the police station. On the following day, Scott admitted to driving to work. This was out of character for Scott, who was known to be subject to significant stressors. Scott subsequently completed a rehabilitation course and counselling. The Queensland Civil and Administrative Tribunal was required to determine whether the Assistant Commissioner’s decision to sanction Scott was lawful, reasonable, procedurally fair and whether the sanction was proportionate.

The Tribunal found that the Assistant Commissioner’s decision to sanction Scott was lawful, reasonable, and procedurally fair. The Tribunal noted that it was not disputed that Scott had presented for work under the influence of alcohol, which constituted misconduct. The Tribunal found that the Assistant Commissioner had appropriately exercised his discretion in imposing a sanction on Scott. The Tribunal also found that the sanction imposed was proportionate to the misconduct. The Tribunal noted that Scott had largely completed the sanction imposed by the Assistant Commissioner, had initiated and completed a rehabilitation course and counselling, and had a meritorious record and references. The Tribunal found that the Assistant Commissioner’s decision to sanction Scott was therefore appropriate.

The decision of Assistant Commissioner Peter Martin is confirmed.

Orders

Orders of the court

1. The decision of Assistant Commissioner Peter Martin is confirmed.

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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