Crime and Corruption Commission v Andersen & Anor

[2021] QCA 222

Queensland Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Administrative Tribunals
3. › Queensland Civil and Administrative Tribunal
4. › Leave to appeal to Court of Appeal
5. › Whether alleged errors necessary to correct substantial injustice or raise important point of principle
6. › Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 150
1. Administrative Law
2. › Disciplinary proceedings
3. › Police discipline
4. › Sanction review
5. › Scope of permissible findings on review
6. › Whether tribunal may consider conduct beyond particulars of disciplinary charge
7. › Whether contextual findings may make conduct more serious than the charge
1. Administrative Law
2. › Administrative Tribunals
3. › Questions of law
4. › Distinction between questions of law, questions of fact and mixed questions of law and fact
5. › Whether conclusion that facts fell outside charge was reasonably open

Quick Take

In police disciplinary review proceedings, contextual findings about the substantiated misconduct are permissible, but the disciplinary charge cannot be reformulated so as to make the conduct more serious than the charge as particularised. However, where the subject officer has consented to the proceeding being conducted on a broader factual basis, an argument that findings went beyond the charge may be significantly weakened. The identification that a proposed appeal raises a question of law is not sufficient to warrant leave under s 150 of the QCAT Act; the discretion requires consideration of whether the error raises an important point of principle or is necessary to correct a substantial injustice.