Three Queensland police officers guilty of domestic violence offences have escaped disciplinary action from their employer due to a legal loophole.
The extraordinary discovery follows revelations the Queensland Police Service (QPS) cannot discipline an officer convicted of a crime if no conviction is recorded, due to its interpretation of a recent court decision.
Queensland’s Crime and Corruption Commission (CCC) is challenging 19 matters relating to that stance.
The corruption watchdog last week said it was “in disagreement” with the interpretation, and it presented “enormous risk not only to QPS but also the community”.
Corruption watchdog questions police officer discipline policy
It’s led the opposition to call for urgent law changes to keep faith in police.
A CCC spokesperson said it had launched proceedings in the Queensland Civil and Administrative Tribunal (QCAT), after three officers guilty of domestic violence offences hadn’t faced disciplinary action from QPS.
“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.”
Terry O’Gorman, vice president of the Queensland Council for Civil Liberties, said the QPS needed to have the authority to take action against an employee, if required.
Queensland Council for Civil Liberties vice president Terry O’Gorman said convicted police officers should be subject to discipline. (ABC News: Chris Gillette)
“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,” he said.
“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.
“And the question therefore should be, ‘Should you be working in domestic violence?'”
A QPS spokesperson said it couldn’t comment on individual cases but considered all matters in the current legal framework.
“The Queensland Police Service holds all members to high professional and ethical standards, both on and off duty.
“Allegations and findings involving criminal offending and domestic and family violence-related matters are treated seriously and are subject to established disciplinary and review processes.”
Calls for urgent law reform
Shadow Women’s Minister Shannon Fentiman called on the government and Police Minister Dan Purdie to step in immediately.
“The police minister should urgently introduce legislative amendments to ensure police who are convicted of a crime, including DV offences, are subjected to disciplinary action.
“Queenslanders deserve to have complete faith in our police service.”
Shadow Women’s Minister Shannon Fentiman has called for urgent legislative amendments. (ABC News: Lucas Hill)
In response to questions about possible law reform, Mr Purdie’s office referred to a response given earlier this week, saying it would be inappropriate to consider legislative changes amid ongoing tribunal matters.
Mr O’Gorman said if the CCC was successful in its challenges, law change would be required.
But he said legislation could close the loophole before then.
“While matters have been before the court, it’s not common.
“But, yes, there is a strong case for an amendment to the law to be made now because it is a gap in the police discipline process.”