Queensland police could be forced to reinstate 26 officers who were sacked for disciplinary reasons after a ruling by the state’s court of appeal.
The state’s police commissioner, Katarina Carroll, said a “significant” number of internal disciplinary matters – including those involving domestic violence, drugs and the misuse of personal information – are affected by a court ruling that found the force’s current practice for instigating disciplinary proceedings was “not valid”.
Police believe up to 300 matters have been affected by the ruling. Carroll said she would seek advice regarding 26 officers who had been dismissed from the service.
“I will not defend those who choose not to rise to our high standards,” Carroll told reporters in Brisbane on Wednesday.
“As police officers, we must ensure our actions are of the highest standards and we display integrity at all times.”
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The court last week found that disciplinary proceedings against two police officers – Det Sen Sgt David Cousins and Sgt William Johnson – had been brought incorrectly and were “invalid”. The court heard that a delegate for the police commissioner failed to appoint a specific officer to act as the “prescribed officer” after referring the allegations to the office of state discipline.
As revealed by Guardian Australia, sources with the Queensland police service (QPS) fear the ruling could have far-reaching consequences and lead to hundreds of officers being let off the hook, including for serious issues of misconduct.
Carroll said matters from November 2019 to late 2022 had been affected by the ruling, but cases of misconduct going forward would not be impacted.
A committee, led by acting deputy commissioner Mark Wheeler, has been established to determine the most suitable course of action for each matter.
But 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.
On Wednesday the police minister, Mark Ryan, conceded some may be “disappointed” by the decision and said the government’s primary concern was “the welfare of victims”.
“While people, including some victims, may be disappointed with the court’s decision, the police service has provided assurances that it will provide all possible supports to affected parties and will manage any matters moving forward on a case-by-case basis,” Ryan said.
Ryan said the government “expects” the police service to comply with the law and apply its discipline system “robustly but fairly”.
“The court of appeal’s decision relates to a technical interpretation point which the police service has already addressed and corrected,” he said.
Carroll had previously said the police disciplinary system was “broken” during last year’s commission of inquiry into Queensland police responses to domestic violence.
The inquiry heard the state’s corruption watchdog, the Crime and Corruption Commission, investigated less than 1% of complaints about police, and routinely referred matters of misconduct and corruption back to the police force for review.
Tim Prenzler, a professor at the University of the Sunshine Coast’s school of law, said Queensland’s police complaints system largely resembled an internal affairs model where the vast majority of complaints were dealt with by police.
“State politicians just haven’t grasped the issues,” Prenzler said.
In 2019 the state government repealed the police discipline system set up after the Fitzgerald inquiry. The new system is “less punitive” and encourages the use of “management strategies” rather than formal sanctions for police misconduct and misbehaviour.
Ryan said it was “important to note that the design of the police discipline system was led by the Crime and Corruption Commission and has bipartisan support”.
Carroll on Tuesday 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.
