This page explains timelines, submissions and documentation, the parties involved, the review hearing and the outcome.
How long does the process take?
The review process takes approximately 12 weeks to complete. This will depend on various factors such as receiving paperwork on time and the availability of parties to participate in a hearing.
A general guide is:
Application to review received and processed
Report sought from panel chair or authorising officer
Panel chair’s report processed and distributed to all parties
Review applicant submission sought
Panel chair/authorising officer’s response sought
Review Commissioner’s report provided
Granting extensions for a submission
Any delay in providing submissions delays the finalisation of the selection which is undesirable. An extension for a submission will not be given unless a request and reason for such request is made to the Secretary, PSR. Generally, work commitments or recreation leave taken after the application to review is submitted are not acceptable reasons for an extension.
A review application may not necessarily lapse if the review applicant fails to provide a submission by the due date. However, it may result in the matter being considered “on the papers” by the Review Commissioner — i.e. using the documentation already available.
Response by a provisional appointee to an applicant’s submission
It is up to the provisional appointee to decide whether or not they wish to respond to the review applicant’s submission. The fact that they do not respond will not be taken to mean that they accept the applicant’s assertions.
· Provisional appointees are advised to make a written submission if they have significant points to make in response, and
· Provisional appointees must advise the Secretary, PSR and the Senior Sergeant, Reviews, that they do not intend to provide a submission themselves.
Purpose of the hearing
A review hearing is an administrative proceeding at which the applicant seeking review is provided with an opportunity to state their case, and to point out why they believe the original decision should be reconsidered.
The focus of the hearing is on the decision that was made, not on the other person involved. At all times officers should treat each other with respect and in an appropriate professional manner.
The hearing is designed to be as informal and relaxed as possible. It will not be an adversarial process or one in which officers argue a case in opposition to each other. It does not involve the concepts of prosecution and defence.
Officers are not permitted to be legally represented at review hearings.
There is no formal dress code for a review hearing. Officers may choose to wear their uniform or business attire.
Attendance at the hearing
In the case of a promotion/transfer, the following people will be invited to attend the hearing:
- the review applicant
- the provisional appointee
- the chair of the selection panel.
The hearing is also attended by
- the Review Commissioner
- the Secretary, Police Service Reviews, and
- the Senior Sergeant, Reviews.
The Senior Sergeant, Reviews, can advise the Review Commissioner on matters such as police policy or operational requirements. He or she provides advice only and does not put forward a case for either officer.
A member of the Queensland Police Union of Employees has a standing invitation to attend a review hearing as an observer.
Documentation required for the hearing
Officers should bring all the documentation that they have received and/or provided during the review process, and a pad and pen for making notes if they so wish.
Location of the hearing
The hearing will take place in the CCC’s premises:
Level 2, North Tower Green Square
515 St Pauls Terrace, Fortitude Valley.
If both officers are located within approximately 1½–2 hours’ drive of the Brisbane metropolitan area, they will generally be required to attend the hearing in person.
In situations where the parties to the review are based in regional or remote locations, the hearing would generally be conducted by teleconference.
The process followed in hearings conducted with parties in the hearing room and those conducted where parties attend using teleconferencing technology are similar. Officers who are located outside the driving distance from the CBD are welcome to attend in person if they choose to do so.
What happens at the hearing?
Before the hearing the Review Commissioner reads all the material relevant to the review (that is, the written submissions by the parties involved, the panel chair’s documentation and any other written information received by the Secretary CPSR). The purpose of the review hearing is to highlight, clarify or contest matters already before the Review Commissioner.
The Review Commissioner begins with some brief opening comments designed to ensure that the parties understand the nature of the review process. The Review Commissioner will subsequently control and direct the order of speaking at the review hearing. All parties will be invited to speak and make contributions as the hearing progresses.
It is not appropriate for the review applicant or provisional appointee to ask questions of each other directly. All questions should be directed through the Review Commissioner.
At the conclusion of submissions, all parties will be given the opportunity to make brief final comments on the matter.
Can any new material be presented?
As the Review Commissioner will only consider material that was available to the selection panel at the time they made their recommendation, it is not appropriate for any party to present new material at the hearing.
Once the hearing has been completed, the Review Commissioner will provide a written recommendation to the Commissioner of Police and parties of the review.
The Review Commissioner is only empowered to make recommendations.
If the Review Commissioner believes that the panel’s actions have disadvantaged only the applicant, the recommendation may only affect the parties to the review.
If, on the other hand, the Review Commissioner considers that all applicants for the position have been disadvantaged by the panel’s actions, they can recommend that a new panel be convened and the selection process be conducted afresh.
The final decision rests with the Commissioner of Police. The Commissioner, in the event of choosing not to accept the Review Commissioner’s recommendation, must provide a statement of reasons for such a decision.
Where a Review Commissioner recommends that a new panel be convened, and the Commissioner of Police accepts that recommendation, QPS will advise the officers of the next steps in the process.
Applicants can withdraw their application at any stage during the review process, by sending an email to the Secretary, PSR at <[email protected]> with the following details:
- applicant’s name
- recommended appointee’s name (if reviewing a promotion or transfer)
- CPSR number
- intention to withdraw.
The parties of the review will be advised by the Secretary, PSR that the review application has been withdrawn.
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