Norvill v Commissioner of Queensland Police Service & Anor

[2022] QCA 104

Queensland Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Grounds of review
4. › Procedural fairness
5. › Existence of obligation
6. › Whether exercise of statutory power conditioned on observance of rules of natural justice
7. › Multi-stage disciplinary process
8. › Whether natural justice required at preliminary stages
9. › Police Service Administration Act 1990 (Qld), ss 7.9, 7.10, 7.32
1. Administrative Law
2. › Judicial review
3. › Grounds of review
4. › Procedural fairness
5. › Statutory exclusion of natural justice
6. › Whether express provision for natural justice at later stages impliedly excludes it at earlier stages
7. › Police Service Administration Act 1990 (Qld), Part 7

Quick Take

The Commissioner's decision under s 7.9 of the Police Service Administration Act 1990 (Qld) whether to impose a professional development strategy, and the decision under s 7.10 whether to refer a complaint to a prescribed officer, are preliminary steps in the disciplinary process at which there is no express or implied obligation to afford natural justice. The obligation to afford natural justice arises only at the later stages when a disciplinary proceeding has been commenced.