The Queensland police service may be forced to revoke sanctions against hundreds of officers – including police sacked or demoted for serious misconduct – after the state court of appeal ruled the force’s current practice for instigating disciplinary proceedings was “not valid”.
Sources say more than 300 formal internal disciplinary proceedings against police officers could be invalidated, or subject to potential legal challenge, as a result of the court ruling.
A 12-month time limit introduced in 2019 to fast-track the police discipline process would prevent most of those cases from being pursued again.
“It could mean cops who should not be anywhere near a uniform could end up with no punishment, back in uniform. Or it will cost them millions [of dollars] to prevent that from happening,” a police source said.
In a statement to Guardian Australia on Tuesday, police confirmed they were now reviewing all discipline matters affected by the decision and would provide information and support to “victims associated with affected matters”.
Of particular concern are cases involving officers who were considered a danger to their colleagues.
After Guardian Australia sent questions on Tuesday, the police commissioner, Katarina Carroll, sent an email to all police staff referring to the decision.
“I acknowledge this news will be very difficult for some members of our organisation to understand and accept, and I want to encourage you to seek support if needed,” she wrote.
The ruling relates to cases considered serious enough to warrant the appointment of a “prescribed officer” to run a formal disciplinary process or hearing – including those where officers were sacked, demoted or otherwise sanctioned after being found to have committed serious misconduct or criminal conduct.
Last week, the Queensland court of appeal ruled in favour of two police officers – Det Sen Sgt David Cousins and Sgt William Johnson – who successfully argued that disciplinary proceedings against them had not been brought correctly.
The court heard that a delegate for Carroll had referred unrelated disciplinary allegations about Cousins and Johnson to an unspecified “prescribed officer” at the office of state discipline.
The court of appeal ruled unanimously that the process was invalid, because the delegate failed to appoint a specific police officer to act as the prescribed officer.
“It appears from the material that the current practice of the Queensland police service is that the commissioner or her delegate make referrals … and then officers within the office of state discipline decide which officer will start the disciplinary proceeding,” Justice Jean Dalton said.
“The [Police Service Administration Act] does not give the office of state discipline, or the officers working in that office, power to decide which of them will start the disciplinary proceeding. The act gives power to the commissioner or her delegate to do that.”
The court’s finding that the invalid process was apparently “common practice” for the Queensland police service could have serious implications for any disciplinary proceedings that were investigated via a similar referral.
Employment lawyer Susan Moriarty said officers whose matters were ongoing could seek an injunction in the supreme court. Moriarty said police whose sanctions had been finalised previously could apply to the court for a declaration that the disciplinary process was ultra vires, a legal term meaning beyond one’s legal authority.
“The appropriate remedies for those officers will be the filing of applications asking the court to determine the penalty to be null and void,” Moriarty said.
“Police would then have to recommence those processes.”
In cases where the disciplinary process began more than a year ago – understood to be the vast majority of those potentially affected – police would be prevented from reinstating sanctions by the 12-month time limit to investigations.
The Queensland police discipline system was heavily criticised last year during an inquiry into police responses to domestic and family violence, after hearings revealed the widespread use of “local management resolution” in cases where officers had engaged in racism, sexism or sexual harassment.
At the inquiry, Carroll admitted the discipline system was “broken”. The inquiry ultimately recommended the establishment of a civilian-controlled police integrity unit, which remains under consideration by the state government.
Responding to questions from Guardian Australia, a police spokesperson said the QPS was “reviewing all discipline matters which may be impacted as a result of a recent court of appeal decision”.
“Among other matters, the [independent assessment committee] will carefully consider options in respect of members who had been separated from a particular workplace in consideration of the safety and wellbeing of all members,” a statement said.
“The QPS is conscious that victims associated with affected matters will be impacted and information and support will be offered.
“The service will continue to exhaust all available options to ensure that complaints are adequately dealt with.”
