Role and qualifications of Review Commissioners
Review Commissioners are suitably qualified people, independent of the Crime and Corruption Commission (CCC) and of the Queensland Police Service (QPS), who review applications, preside at review hearings and make recommendations to the Commissioner of Police about whether or not a decision relating to selection, transfer or other matters, should stand or be overturned.
The Commissioner of Police makes the final decision.
If a recommendation is not accepted, the Commissioner must provide reasons to the Review Commissioner.
If the review applicant in a matter is aggrieved by the decision of the Commissioner, they may apply to the Supreme Court for a judicial review of the decision.
Can Review Commissioners investigate allegations of misconduct or false claims that come to light as part of a review?
No. Review Commissioners do not investigate the veracity of claims that are made as part of the review of another process. In the event the veracity of a claim becomes an issue as part of a review, it will be referred to the QPS Reviews Section for resolution. This is usually done before the review hearing. Similarly, officers must not submit unverifiable, unsubstantiated or unreported allegations of misconduct or breaches of discipline for consideration by the Review Commissioners.
An officer who reasonably suspects that such conduct has occurred has a duty under section 7.2 of the Police Service Administration Act 1990 to report it to the Commissioner of Police and/or the CCC. If the officer wishes to pursue such claims, they must inform the Secretary, Police Service Reviews (PSR) so that the review can be adjourned until the appropriate investigations are completed. In extenuating circumstances, the Review Commissioner may determine to proceed with the review.
Current Review Commissioners
The current Review Commissioners are Ms Julie Cork and practising solicitor Mr Pat Mullins. Further information about them can be found here.
Qualifications of Review Commissioners
Under section 9.2A(2) of the Police Service Administration Act 1990 the Chairperson of the CCC may nominate any of the following persons to be a Commissioner for Police Service Reviews:
- 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.
The Governor in Council may appoint as a commissioner for police service reviews a person who
- is nominated for appointment under subsection (2)(b) to (d); and
(b) is not an ineligible person under the Crime and Corruption Act 2001.
The person’s appointment must be notified by gazette notice.
The appointment is for the term, not longer than three years, and on the conditions, including conditions of remuneration, stated in the instrument of appointment.
More than one person may hold office as a Commissioner for Police Service Reviews at any time.