Young v Dawson (No. 2) [2022] QCAT 48

Date: 13 January 2022 
Tribunal: Queensland Civil and Administrative Tribunal 
Tribunal Member: Member Lember 
Human Rights Act 2019
(Qld) Sections: ss 21, 25 
Rights Considered: Right to freedom of expression; Right to privacy and reputation 
Other Legislation: Crime and Corruption Act 2001 (Qld) ss 219H, 219J, 452; Queensland Civil and Administrative Tribunal Act 2009 (Qld) ss 9(1), 17(1), 18, 19, 20, 21; Police Service Administration Act 1990 (Qld) ss 1.4, 7.4, 11.20 
Keywords: Criminal Law and Corrective Services: Police; Education, Training and Employment; Public Law Considerations

The applicant was a police officer who was charged with four disciplinary allegations and found guilty by the respondent. The Tribunal noted that it was required under the Human Rights Act 2019 (Qld) to have regard to the applicant’s human rights, and found that the applicant’s right to freedom of expression (section 21) and right to not have his reputation unlawfully attacked (section 25(b)) were potentially limited. The Tribunal was satisfied that limitations on these rights were consistent with the proper purpose of upholding public confidence in the police service and ensuring police discipline. 

Visit the Judgment: Young v Dawson (No. 2) [2022] QCAT 48