Internal administrative manuals or directions issued by the Commissioner of Police under s 4.9 of the Police Service Administration Act 1990 (Qld) cannot restrict the Commissioner's statutory powers under s 4.8, including the power to proceed with disciplinary hearings where the subject officer has deliberately avoided service. A person who deliberately avoids service and fails to exercise the right to appear despite ample notice cannot claim denial of natural justice. The scope of an appeal to the Misconduct Tribunal is defined by the notice of appeal, and the Tribunal is not obliged to determine issues outside those grounds.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
2 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.