A review of a police disciplinary decision under s 219H of the Crime and Corruption Act 2001 (Qld) is by way of rehearing on the original evidence, not a fresh hearing on the merits, and the reviewing tribunal is constrained in its freedom to interfere with credit-based findings of fact. Leave to appeal from QCAT requires not merely a demonstration of error but a showing that an appeal is necessary to correct a substantial miscarriage of justice. A tribunal's characterisation of conduct as within or outside the scope of a police officer's duties may be a finding of fact rather than a statement of law.
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