In the case of O’Brien v Commissioner of Police [2024] QSC 82, the Supreme Court of Queensland considered an application for judicial review under the Judicial Review Act 1991 (Qld). Brett Michael O’Brien, the applicant, sought a statutory order of review challenging the decision made by the Commissioner of Police to deny his application to join the Queensland Police Service. His application was refused due to past alleged misconduct which included an overpayment incident in 2003 and a marine incident in 2004. The overpayment incident involved unexplained funds which Mr. O’Brien failed to address proactively. The marine incident included claims that Mr. O’Brien allowed a subordinate to operate a vessel solo, contrary to direct orders, resulting in an accident. Mr O’Brien was previously investigated for these matters but retired due to medical reasons before disciplinary actions were concluded.
The court, led by Judge Sullivan, dismissed Mr. O’Brien’s application. It was found that the Commissioner provided sufficient procedural fairness, outlining specific preliminary factual findings and inviting Mr. O’Brien to respond, addressing the errors cited in previous judicial reviews. The Commissioner’s decision was supported by material evidence and procedural propriety. Past disciplinary investigations, corroborated testimonies, and Mr O’Brien’s lack of proactive rectification of the overpayment were highlighted. Despite Mr O’Brien’s arguments, the evidence provided was deemed adequate to substantiate the allegations, and due processes aligned with natural justice principles and the statutory requirements were observed.
Thus, the application for a judicial review was denied, upholding the Commissioner’s decision to refuse Mr O’Brien’s re-employment based on historical conduct issues.