Three Queensland police officers convicted of DV offences escape discipline
Summarized and contextualized by DistantNews.
At a glance
- Three Queensland police officers convicted of domestic violence offenses have avoided disciplinary action due to a legal loophole.
- The Queensland Police Service cannot discipline officers if no conviction is recorded, based on a recent court decision interpretation.
- The Crime and Corruption Commission is challenging this stance, warning of significant risks to the police service and the community.
A legal loophole has allowed three Queensland police officers convicted of domestic violence offenses to escape disciplinary action from their employer. The Queensland Police Service (QPS) is reportedly unable to discipline officers if a conviction is not officially recorded, a stance stemming from its interpretation of a recent court ruling.
We're not saying that any police officers who are convicted of a domestic violence offence should be dismissed, but they should be subject to discipline.
This situation has prompted the Queensland Crime and Corruption Commission (CCC) to challenge 19 related matters. The watchdog expressed its disagreement with the QPS's interpretation, highlighting the "enormous risk" it poses to both the police service and the public. The CCC has initiated proceedings in the Queensland Civil and Administrative Tribunal (QCAT) concerning the QPS's failure to discipline officers found guilty of breaching protection or domestic violence orders.
It stands to logic that if you've been convicted of a domestic violence offence, and you are then sent out to investigate a domestic violence allegation, you carry a certain bias with you.
Civil liberties advocates are calling for urgent legislative changes to restore faith in the police force. Terry O'Gorman, vice president of the Queensland Council for Civil Liberties, argued that while dismissal may not always be warranted, convicted officers should face disciplinary measures. He raised concerns about potential bias if officers convicted of domestic violence are assigned to investigate similar allegations.
There are currently three review applications in QCAT initiated by the CCC, involving the failure of the Queensland Police Service to discipline police officers who have been found guilty of breaching either Temporary Protection Orders or Domestic Violence Orders.
In response, a QPS spokesperson stated that the service upholds high professional and ethical standards for all members, both on and off duty. They affirmed that allegations and findings related to criminal offending and domestic violence are treated seriously and are subject to established disciplinary and review processes within the current legal framework. The opposition has also urged the government to introduce legislative amendments to ensure disciplinary action is taken against officers convicted of crimes, including domestic violence offenses.
The Queensland Police Service holds all members to high professional and ethical standards, both on and off duty.
Originally published by ABC Australia. Summarized and contextualized by our editorial team with added local perspective. Read our editorial standards.