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Assistant Commissioner Wilson v Chapman and Anor; Chapman v Assistant Commissioner Wilson and Anor[2012] QCATA 110

Assistant Commissioner Wilson v Chapman and Anor; Chapman v Assistant Commissioner Wilson and Anor[2012] QCATA 110

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Editorial Notes

  • Published Case Name:

    Assistant Commissioner Wilson v Chapman and Anor; Chapman v Assistant Commissioner Wilson and Anor

  • Shortened Case Name:

    Assistant Commissioner Wilson v Chapman and Anor; Chapman v Assistant Commissioner Wilson and Anor

  • MNC:

    [2012] QCATA 110

  • Court:

    QCATA

  • Judge(s):

    Alan Wilson P, Member B Cullen

  • Date:

    27 Jun 2012

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2011] QCAT 40024 Aug 2011The Assistant Commissioner Wilson found two allegations of improper conduct against Senior Constable Chapman and imposed a sanction of a fine of $200 on each charge. SC Chapman applied to QCAT for a review of the decision on the first matter. He had admitted guilt on the second. The CMC applied for a review of both sanction determinations. It was ordered that the CMC be joined as a respondent to the police disciplinary review application: Hon James Thomas AM QC, Member.
Primary Judgment[2011] QCAT 52920 Oct 2011The Tribunal set aside the finding of untruthfulness and its associated sanction; confirmed the improper conduct determination; and set aside the determination of the Assistant Commissioner imposing the sanction of a $200 fine and substituted a sanction of a reduction of SC Chapman’s salary entitlements by two pay points for two years: Hon James Thomas AM QC, Presiding Member, Richard Oliver, Senior Member.
Primary Judgment[2012] QCATA 11027 Jun 2012Appeal allowed. The orders of the Tribunal of 24 August 2011 joining the Crime and Misconduct Commission to disciplinary review proceedings set aside: Justice Alan Wilson, President, Dr B Cullen, Member.
Appeal Determined (QCA)[2012] QCA 31416 Nov 2012Leave to appeal granted. Appeal be allowed. The order of the QCAT Appeals Tribunal of 27 June 2012 allowing the appeal against the order of the Tribunal of 24 August 2011 joining the Crime and Misconduct Commission to disciplinary review proceedings set aside: Muir JA, Gotterson JA, Daubney J.

Appeal Status

Appeal Determined (QCA)

Cases Cited

Case NameFull CitationFrequency
Body Corporate for London Woolstores Apartments & Ors v Queensland Building Services Authority [2011] QCAT 862 citations
Chapman v Assistant Commissioner Wilson and Anor [2011] QCAT 5292 citations
Chapman v Wilson and Anor [2011] QCAT 4005 citations
Crime and Misconduct Commission v Assistant Commissioner O'Regan and Anor [2012] QCAT 2382 citations
Crime and Misconduct Commission v Chapman and Anor [2011] QCAT 5303 citations
National Australia Bank v Hokit (1996) 39 NSWLR 3772 citations

Cases Citing

Case NameFull CitationFrequency
Kremastos v Councillor Conduct Tribunal [2022] QCAT 3192 citations
Trojan Resorts Pty Ltd v Body Corporate for The Reserve (No. 2) [2018] QCAT 3662 citations
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