| CITATION: | Yabsley v Acting Assistant Commissioner Michael Keating [2015] QCAT 258 |
| PARTIES: | Mark Yabsley (Applicant) |
| v | |
| Acting Assistant Commissioner Michael Keating (Respondent) |
| APPLICATION NUMBER: | OCR236-14 |
| MATTER TYPE: | Occupational regulation matters |
| HEARING DATE: | 20 March 2015 |
| HEARD AT: | Brisbane |
| DECISION OF: | Acting Senior Member Browne |
| DELIVERED ON: | 1 July 2015 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. The decision made by Acting Assistant Commissioner Michael Keating on 22 August 2012 that matter 1 (as particularised) is substantiated is set aside and the following is substituted: i) Matter 1: Only the following particular is substantiated - On the 30 May 2012, at Brisbane you utilised Assistant Watchhouse Officer Adrian Coolwell to assist you with transportation for private purposes from the police Airwing car park to the Brisbane Airport while he was on official duty at the Brisbane City Watchhouse. 2. The decision made by Acting Assistant Commissioner Michael Keating on 22 August 2012 that matters 3 and 4 is substantiated is confirmed. 3. The decision made by Acting Assistant Commissioner Michael Keating on 26 September 2012 to impose a sanction on Mark Yabsley that he be demoted from the rank of Senior Sergeant 4.3 to Sergeant 3.4 effective from 26 September 2012 is set aside. 4. Mark Yabsley must file in the Tribunal two (2) copies and give to Acting Assistant Commissioner Michael Keating one (1) copy of any written submissions as to the appropriateness of sanction to be imposed by the Tribunal by: 4:00 pm on 14 July 2015 5. Acting Assistant Commissioner Michael Keating must file in the Tribunal two (2) copies and give to Mark Yabsley one (1) copy of any written submissions in reply by: 4:00 pm on 28 July 2015 6. The application is listed for a further 2-hour oral hearing in Brisbane on 10 August 2015 at 9:30 am. |
| CATCHWORDS: | POLICE DISCIPLINARY PROCEEDINGS – SANCTION – travel on the QPS Airwing - whether honest and reasonable but mistaken belief that approval to travel given – where experienced officer – where policy requires approval for travel – whether officer utilised QPS resources – where officer had workplace injury - whether officer failed to notify – where officer left rostered duty – whether officer absent from duty – whether allegations of misconduct substantiated Crime and Corruption Act 2001 (Qld), s 219BA, s 219H, Schedule 2 Aldrich v Ross [2010] 2 Qd R 235; cited |
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- Case
- [2015] QCAT 258
- Decision Date
CaseChat Overview and Summary
The key legal issues before the court included whether certain particulars of misconduct were substantiated, such as whether Yabsley had used police resources for personal purposes and whether he had failed to notify authorities of his workplace injury. Additionally, the court needed to determine if Yabsley's absence from duty without proper notification constituted misconduct. The central issue was whether the demotion imposed on Yabsley was a proportionate and appropriate sanction.
In its reasoning, the QCAT found that while some of the allegations of misconduct were substantiated, others were not. Specifically, it was established that Yabsley had used a police vehicle for private purposes, but the court did not find that all the particulars of misconduct were substantiated. The tribunal concluded that the demotion imposed on Yabsley was excessive and not proportionate to the established misconduct. As a result, the decision to demote Yabsley was set aside, and the matter was referred back for reconsideration of an appropriate sanction.
The final orders included setting aside the demotion and requiring both Yabsley and the Acting Assistant Commissioner to submit written submissions regarding the appropriate sanction to be imposed. The tribunal scheduled a further hearing to determine the appropriate disciplinary action.
Orders
Orders of the court
1. The decision made by Acting Assistant Commissioner Michael Keating on 22 August 2012 that matter 1 (as particularised) is substantiated is set aside and the following is substituted:
i) Matter 1: Only the following particular is substantiated - On the 30 May 2012, at Brisbane you utilised Assistant Watchhouse Officer Adrian Coolwell to assist you with transportation for private purposes from the police Airwing car park to the Brisbane Airport while he was on official duty at the Brisbane City Watchhouse.
2. The decision made by Acting Assistant Commissioner Michael Keating on 22 August 2012 that matters 3 and 4 is substantiated is confirmed.
3. The decision made by Acting Assistant Commissioner Michael Keating on 26 September 2012 to impose a sanction on Mark Yabsley that he be demoted from the rank of Senior Sergeant 4.3 to Sergeant 3.4 effective from 26 September 2012 is set aside.
4. Mark Yabsley must file in the Tribunal two (2) copies and give to Acting Assistant Commissioner Michael Keating one (1) copy of any written submissions as to the appropriateness of sanction to be imposed by the Tribunal by:
4:00 pm on 14 July 2015
5. Acting Assistant Commissioner Michael Keating must file in the Tribunal two (2) copies and give to Mark Yabsley one (1) copy of any written submissions in reply by:
4:00 pm on 28 July 2015
6. The application is listed for a further 2-hour oral hearing in Brisbane on 10 August 2015 at 9:30 am.
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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