The Queensland police service is facing further potential challenges to bungled internal discipline cases, despite the state government changing the law to validate the “unlawful” process used to sanction hundreds of officers.
The QPS was this year forced to rescind punishments, including several sackings and demotions, after a court ruled the process used for internal discipline was invalid.
Sanctions against those officers were then reinstated in August, after the state government amended the Police Service Administration Act to retrospectively validate the process.
Guardian Australia – which first revealed in April that the Queensland Police Service had identified about 300 cases impacted by the court ruling – now understands the Queensland Police Union is considering backing fresh challenges.
No appeals have yet been lodged, but the police union is understood to be willing to back officers to challenge the reimposed sanctions.
The union president, Ian Leavers, said the discipline situation was “an unmitigated debacle caused by the unlawful actions of senior police”.
“The QPS hierarchy has been found by various courts and jurisdictions to have repeatedly acted unlawfully,” Leavers said.
“The Queensland Police Union does not resile from always protecting the hard-fought rights, entitlements and benefits of all members.”
The prospect of further challenges backed by the union has caused significant disquiet within the QPS, including among the ranks of police officers who are overwhelmingly union members.
One female officer, a victim of harassment by a male colleague who was disciplined for his conduct towards her, said she was concerned about the prospect that “some members will now be supporting our abusers”.
Leavers said no formal decisions had been made and that “each matter is assessed on a case-by-case basis”.
“QPU legal assistance for police is not guaranteed and there are many police whose alleged behaviour the QPU does not sanction nor support,” he said.
“Nonetheless the QPU will continue to ensure the QPS act lawfully when dealing with their employees and the QPU will vigorously enforce compliance, by senior police, with the law.
“All the QPU ask for is for the police hierarchy to comply with the law.”
Guardian Australia also revealed in April that police had been warned more than a dozen times that its discipline system was being run in a way that was unlawful, “entirely improper and concerning”, but refused to change practices.
The QPS said it was unable to comment.
“The QPS has not been served with any relevant claims to institute proceedings,” a spokesperson said.
