A Police Officer who is aggrieved by a decision about the selection of an officer for appointment to a police officer position on promotion or transfer (other than lateral transfers), the selection for transfer to a position for which they have not applied, the suspension or standing down of the officer under section 6.1 of the Police Service Administration Act 1990 or disciplinary matters other than misconduct can apply to have these decisions reviewed by a commissioner for police service reviews.
Review commissioners (also called ‘Commissioners for Police Service Reviews’) are nominated by the chair of the Crime and Corruption Commission and appointed by the Governor in Council and may be a commissioner or former commissioner of the Crime and Corruption Commission; a former member of the Criminal Justice Commission; a person qualified for appointment as chairperson of the Crime and Corruption Commission; a person who has community service experience, or experience of community standards and expectations, relating to public sector officials and public sector administration. Hearings are conducted at the premises of the Crime and Corruption Commission.
A review of a decision about promotion, or transfer will involve:
- the person requesting that a decision be reviewed (the review applicant);
- the person who was provisionally appointed to the position but whose selection process and appointment is now being reviewed (the nominated appointee);
- the decision-maker or their nominated representative. Decision-makers often nominate the person who convened the selection panel (the panel chair) to act as their representative.
The description below broadly outlines the review process: | |
|---|---|
| 1. | An applicant who wishes to have an appointment decision reviewed is to email a completed Notice of Application to Review form, specifying the grounds for review, within 7 days of the decision appearing in the Police Gazette. The application must be made within 7 days after the officer receives written notice of the decision. An officer who is an unsuccessful applicant for appointment to a police officer position is taken to have received written notice of the decision from the commissioner on the day notice of another person’s appointment to the position is published in the Queensland Police Gazette. |
| 2. | An Applicant seeking review, and other parties to the review, will be notified once the application has been received. An outline of the review process together with the scheduled date of the hearing is included in that correspondence. (The review applicant may at any time withdraw their application for review, and on doing so the review ends and all parties are advised accordingly). |
| 3. | The commissioner for police service reviews may schedule a brief preliminary directions hearing by phone or video as to any documentation to be provided, the timing of submissions and when the hearing is to occur. |
| 4. | All documentation relating to the selection process will be obtained from the decision-maker, collated and copies of these will normally be provided to the review applicant, nominated appointee and other parties to the review. The representative of the decision-maker (often the panel chair), the applicant seeking review and the nominated appointee may each then make a written submission in response. |
| 5. | The hearing provides the review applicant an opportunity to state why they are aggrieved by a decision. The panel chair is invited to respond to issues raised. The hearing also provides an opportunity for the nominated appointee to respond to points raised. |
| 6. | After the hearing, the commissioner for police service reviews is to make a report including such recommendations as that commissioner considers appropriate as to the matter under review to the Commissioner of the Police Service. A copy of that Review Report is provided to all the parties involved. |
| 7. | The Commissioner of Police is the final decision-maker in relation to the decision under review and the response to the findings and recommendations in the report of the commissioner for police service reviews. If the Commissioner of Police does not accept the recommendation of the Commissioner for Police Service Reviews, written reasons must be provided by the Commissioner of Police to the Review Commissioner. |
| 8. | The decision is published in the Police Gazette. |
In summary
- If you are intending to seek a review, you should make sure that you read all the detailed information that applies to your particular situation.
- Documentation concerning the matter will be forwarded to you for your information.
- You will be given the opportunity to make a further submission on this documentation.
- The hearing is your opportunity to provide more detailed submissions in relation to the concerns raised in your application to review and in your written submission.
- Review applicants are required to obtain feedback prior to submitting their application for review.
- You will be required to provide all relevant documentation with the panel chair report.
- You will be provided an opportunity to respond to the submission made by the review applicant.
- The hearing gives you (on behalf of the decision maker) the opportunity to respond to points raised.
- No action is required of the provisional appointee. Documentation concerning the matter will be forwarded to you for your information.
- As you are directly affected by the decision under review and the outcome of the review, you are provided awareness of the material and submissions made by other parties on the review, and afforded an opportunity to make submissions if you wish.
- The hearing gives you the opportunity to respond to points raised if you wish to.
