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🇦🇺 Australia /Crime & Justice

Corruption watchdog questions police discipline loophole

From ABC Australia · () English

Translated from English, summarized and contextualized by DistantNews.

At a glance

News Named sources Under investigation
  • Queensland's Crime and Corruption Commission (CCC) disagrees with the police service's interpretation of a court decision regarding officer discipline.
  • The CCC argues that police officers found guilty of crimes without a recorded conviction should still be subject to disciplinary review.
  • This interpretation by the Queensland Police Service (QPS) presents a risk to both the police force and the community, according to the CCC.

Queensland's Crime and Corruption Commission (CCC) has expressed strong disagreement with the Queensland Police Service's (QPS) interpretation of a recent court decision, raising concerns about a loophole that could shield officers from disciplinary action.

in disagreement with the interpretation

— Bruce BarbourStating the Crime and Corruption Commission's position on the Queensland Police Service's handling of disciplinary matters.

CCC chair Bruce Barbour informed a parliamentary committee that the watchdog is "in disagreement with the interpretation." He stated that police officers found guilty of a crime, but who do not have a conviction recorded, cannot be disciplined under the QPS's current understanding. Barbour emphasized that "any conduct of a police officer which is so extreme in its nature that there is a criminal conviction ought to be able to be the subject of review during the course of any subsequent disciplinary process."

Any conduct of a police officer which is so extreme in its nature that there is a criminal conviction ought to be able to be the subject of review during the course of any subsequent disciplinary process.

— Bruce BarbourExplaining the CCC's view on the necessity of reviewing serious misconduct regardless of conviction status.

Barbour warned that this interpretation "means that you have an incomplete history, effectively," presenting "an enormous risk not only to QPS but also to the community." Senior executive officer Craig Capper confirmed that this interpretation extends to domestic and family violence (DV) convictions, meaning the QPS cannot use DV information to discipline an officer if they do not have a recorded conviction.

To not be able to have regard to it means that you have an incomplete history, effectively.

— Bruce BarbourDescribing the potential consequences of the QPS's interpretation on accountability.

Capper highlighted the paradox where the police commissioner has access to all DV matters but cannot use that information for disciplinary purposes if it relates to an officer without a conviction. The CCC is currently challenging 19 such matters, asserting that the officer's conduct remains liable for review and discipline. The QPS declined to comment when approached by the ABC.

We see that as presenting an enormous risk not only to QPS but also to the community.

— Bruce BarbourHighlighting the broader implications of the disciplinary loophole.
DistantNews Editorial

Originally published by ABC Australia in English. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.

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