Benjamin Stewart Shannon v Queensland Police Service [2022] QCAT 158

Date: 3 May 2022
Tribunal: Queensland Civil and Administrative Tribunal
Tribunal Member: Member Burson
Human Rights Act 2019 (Qld) Sections: s 25.
Rights Considered: Right to privacy and reputation
Other Legislation: Police Service Administration Act 1990 (Qld); Queensland Civil and Administrative Tribunal Act 2009 (Qld).
Keywords: Privacy and Confidentiality

The applicant sought a review of the respondent’s decision to dismiss him from employment with the Queensland Police Service (‘QPS’). There was no substantive discussion of human rights or the Human Rights Act 2019 (Qld) in the reasons, beyond bare acknowledgement that such rights had been considered.

The applicant, Benjamin Shannon, was employed in the role of Senior Constable with the QPS. The QPS dismissed Mr Shannon from employment on the grounds that he inappropriately involved himself in the investigation of a traffic accident involving his wife, enabling his wife to avoid a possible charge of driving under the influence of alcohol. Mr Shannon was not challenging the finding of misconduct but the sanction of dismissal from QPS and seeking an alternative sanction.

In confirming the sanction of dismissal, Member Burson stated that section 25 of the Human Rights Act 2019 (Qld), the right to privacy and confidentiality, was taken into account and the factors in section 13 were considered: at [43]. However, there was no substantive discussion of the Human Rights Act 2019 (Qld).

Visit the judgment: Benjamin Stewart Shannon v Queensland Police Service [2022] QCAT 158