The Commission confirmed that a decision substantiating disciplinary allegations on the balance of probabilities, but not yet imposing discipline, is not a 'disciplinary decision' under s 129 of the Public Service Act 2022 (Qld), though it remains appealable as a fair treatment decision. On the merits, the Commission held that the decision-maker's findings were open on the evidence, including the use of conduct admitted in one allegation as similar fact/propensity evidence to support findings on a separate allegation, provided the appellant had notice and the evidence was logically probative. The Commission rejected arguments that the disciplinary process constituted institutional racism or was infected by the 'angry black woman' trope, finding on the evidence that the process and decision were focused on the manner of the appellant's conduct rather than the issues she raised or her cultural identity, and that complaints from First Nations employees were inconsistent with the alleged bias.
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