Willmott v Assistant Commissioner Carless - [2021] QCAT 185

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Willmott v Assistant Commissioner Carless & Anor [2021] QCAT 185

PARTIES: PAUL JOHN WILLMOTT

(applicant)

v

ASSISTANT COMMISSIONER MAURICE CARLESS

(first respondent)

CRIME AND CORRUPTION COMMISSION
(second respondent)

APPLICATION NO/S:

OCR083-21

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

17 May 2021

HEARING DATE:

14 May 2021

HEARD AT:

Brisbane

DECISION OF:

Member Hughes

ORDERS:

The Tribunal refuses the application to stay the decision of Assistant Commissioner on 1 March 2021 that Paul John Willmott be sanctioned by way of:

1.   Demotion from Sergeant 3.6 to Senior Constable 2.10;

2.   Local transfer to a general duties position; and

3.   A Professional Development Strategy including that he is not to perform higher duties or relieve in any position outside of a general duties position.

CATCHWORDS:

POLICE – DISCIPLINE AND DISMISSAL FOR MISCONDUCT – QUEENSLAND – STAY OF PROCEEDINGS – OTHER MATTERS – where allegations of bullying and other workplace misconduct – where police officer demoted from Sergeant to Senior Constable, transferred and required to undertake professional development strategy

ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where application for stay of operation of decision – whether stay desirable – where applicant may have arguable case on review – whether balance of convenience favours stay – where far greater significance is public aspect of staying orders in disciplinary proceedings – where alleged misconduct would present serious distraction for other officers in their ability to perform their duties for the benefit of the community whom they are sworn to protect – where prejudice to public significant – where prejudice to public not mitigated – where individual circumstances do not outweigh need to preserve public confidence in integrity of Queensland Police Service and its disciplinary process – where balance of convenience favours refusal of stay

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 22

Aldrich v Boulton & Anor [2000] QCA 501

Belz v Assistant Commissioner Paul Wilson [2010] QCAT 595
Bui v Queensland Law Society Incorporated [2017] QCAT 441, [9]
DA v Deputy Commissioner Stewart (No. 2) [2013] QCATA 162
Deputy Commissioner Stewart v Kennedy [2011] QCATA 254
Fleming v Qld All Codes Racing Industry Board [2013] QCAT 393
Jackson v Deputy Commissioner Gollschewski [2017] QCAT 464
Jones v Acting Assistant Commissioner Horton [2020] QCAT 304
King v Queensland Law Society Incorporated [2012] QCAT 489
Legal Services Commissioner v Baker (No. 1) [2005] QCA 482
McKenzie v Acting Assistant Commissioner Tony Wright [2011] QCATA 309
NSW Bar Association v Stevens [2003] NSWCA 95
Robb v Law Society of ACT, unreported, Federal Court, No. ACT G34 of 1996, 21 June 1996

VG v Deputy Commissioner Barnett [2013] QCAT 449

APPEARANCES & REPRESENTATION:

Applicant:

M Black of Counsel instructed by Gilshenan and Luton Legal Practice

First Respondent:

MD Nicolson of Counsel instructed by Office of the Queensland Police Service Solicitor

Second Respondent:

K Donovan, Solicitor

REASONS FOR DECISION

What is this Application about?

Assistant Commissioner of Police Maurice Carless found that Sergeant…

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.

Continue reading Willmott v Assistant Commissioner Carless

Details

AGLC: Willmott v Assistant Commissioner Carless [2021] QCAT 185
Case: [2021] QCAT 185
Decision Date

CaseChat Overview and Summary

In this case, the applicant, Paul John Willmott, sought to stay a decision by the Assistant Commissioner of Police to demote him from Sergeant to Senior Constable, transfer him to a general duties position, and require him to undertake a professional development strategy. The application was heard by the Queensland Civil and Administrative Tribunal, with Member Hughes delivering the decision. The legal issues at hand were whether the applicant had an arguable case on review and whether the balance of convenience favoured a stay of the sanction. The Tribunal found that the applicant may have an arguable case on review, but the public interest factors outweighed the applicant's circumstances, leading to the conclusion that the balance of convenience favoured a refusal of the stay. Consequently, the Tribunal refused the application to stay the decision of the Assistant Commissioner.

Orders