Aldrich v Ross

[2000] QCA 501

Queensland Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Statutory order of review
4. › Error of law
5. › Whether appellate tribunal applied correct standard of review
6. › Judicial Review Act 1991 (Qld), s 20(2)
1. Administrative Law
2. › Appeals from administrative decisions
3. › Nature of appeal
4. › Appeal by way of rehearing on the evidence
5. › Whether appeal limited to House v The King principles or requires tribunal to make own decision
6. › Whether absence of obligation to give reasons affects nature of appeal
7. › Misconduct Tribunals Act 1997 (Qld), ss 15, 16, 23, 26, 28
1. Police
2. › Misconduct and discipline
3. › Disciplinary action
4. › Dismissal from Queensland Police Service
5. › Appeal to Misconduct Tribunal
6. › Whether penalty of dismissal manifestly excessive
7. › Police Service Administration Act 1990 (Qld), s 7.4

Quick Take

An appeal from a prescribed officer's disciplinary decision to the Misconduct Tribunal under the Misconduct Tribunals Act 1997 (Qld) is not limited by House v The King principles. The Tribunal must make its own decision on the available evidence, giving considerable weight to the original decision-maker's views but exercising independent judgment. The absence of an obligation on the original decision-maker to give reasons is a significant indicium against applying House v The King principles.