Ts v Assistant Commissioner Chelepy

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

TS v Assistant Commissioner Chelepy [2020] QCAT 279

PARTIES:

TS

(applicant)

v

ASSISTANT COMMISSIONER SHANE CHELEPY

(respondent)

APPLICATION NO/S:

OCR017-19

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

20 July 2020

HEARING DATE:

18 March 2020

HEARD AT:

Brisbane

DECISION OF:

Member Paratz AM

ORDERS:

1.   The decision of Assistant Commissioner Shane Chelepy, made on 12 December 2018, that a disciplinary charge is substantiated in both Matter 1 and Matter 2, and both amounted to misconduct, is confirmed.

2.   Publication is prohibited of:

(a) all material filed by Assistant Commissioner Shane Chelepy in accordance with Section 21(2) of the Queensland Civil and Administrative Tribunal Act 2009 (Qld), and

(b)   any other document, decision or exhibit in the proceedings relating to the personal details (address, contact phone numbers etc) of the Applicant, and of any Third Parties

pursuant to Section 66(1) of the Queensland Civil and Administrative Tribunal Act 2009 (Qld)

CATCHWORDS:

ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL

POLICE – INTERNAL ADMINISTRATION – DISCIPLINE AND DISMISSAL FOR MISCONDUCT – QUEENSLAND – where disciplinary charges were brought in relation to use of a Police Citizens Youth Club vehicle and as to statements and documents given to investigators – where the officer denied using the vehicle for personal use – whether log books and FBT records in relation to the vehicle were incorrect as a result of fabrication or poor bookkeeping – where the plausibility of the officer’s statements and submissions were discussed

Crime and Corruption Act 2001 (Qld), s 219H

Police Service Administration Act 1990 (Qld), s 1.4, s 4.9

Police Service (Discipline) Regulations 1990 (Qld), s 9(1) (f)

Australian Competition and Consumer Commission v Ultra Tune Australia Pty Ltd [2019] FCA 12
Barry Robert Binnie v Andrew Kidcaff (in the Misconduct Tribunal, exercising appellate jurisdiction, Criminal Justice Commission Queensland) Appeal No 2 of 1996

Gee v Assistant Commissioner Stewart [2012] QCAT 33

APPEARANCES & REPRESENTATION:
Applicant:	R Tierney, Solicitor, Gilshenan and Luton
Respondent:	M Nicolson of Counsel, instructed by Queensland Police Legal Unit

REASONS FOR DECISION

1. TS (‘the officer’) was a police officer stationed at a regional town in Queensland at the relevant times. Two disciplinary matters were brought against him in relation to the use of a Queensland Police-Citizens Youth Welfare Association (‘QPCYWA’) vehicle in 2016, and as to his answers in related discipline interviews. The QPCYWA administers the Police-Citizens Youth Clubs (‘PCYC’) in Queensland.

2. A finding was made by Assistant Commissioner Shane Chelepy (‘the Assistant Commissioner’) on 12 December 2018, that a disciplinary charge was substantiated in each matter, and amounted to misconduct, and penalties were imposed.

3. An application to review the decision, as to substantiation of each matter, was filed on 8 January 2019.

4. I heard the matter in an oral hearing by way of submissions, without oral evidence, on 18 March 2020.

5. At the start of the hearing, an application was made by the officer for leave to adduce new evidence, consisting of a statement by a…