Frequently asked questions
What documentation will I receive with the panel convenor’s report?
If you (the applicant for review) were not shortlisted for the position, you and the appointee will receive:
- panel convenor’s summary of reasons for the decision
- shortlisting matrices
- job description and duty specifications
- both officers’ applications for the position
- any other notes or records resulting from the shortlisting process.
If both you and the appointee were interviewed for the position, you will each receive:
- a list of questions used during the interview
- checklist of appropriate responses
- panel members’ interview notes
- recorded referee comments (see Section 16.2.9.3.2 of the QPS HRM manual for more details)
- any other notes made, or materials considered by the selection panel.
Where are review hearings held?
- If both officers are located within approximately 1½–2 hours’ drive of the Brisbane metropolitan area, they will be required to attend the hearing in person at the Crime and Misconduct Commission, Level 2, North Tower Green Square, 515 St Pauls Terrace, Fortitude Valley, Brisbane.
- If one officer is local and the other is not, the hearing will be conducted by teleconference.
- The hearing may also be conducted by teleconference if an officer is unable to attend due to illness or other incapacity.
Who attends the review hearing?
The hearing is attended by:
- applicant
- appointee
- Review Commissioner
- panel convenor
- CPSR Secretary
- QPS Reviews Inspector
The Reviews Inspector does not put forward a case for either officer, but can advise the Review Commissioner on matters such as police policy or operational requirements if required.
A member of the Queensland Police Union of Employees has a standing invitation to attend a review hearing as an observer.
Police officers are not permitted to be legally represented at review hearings.
Can I withdraw my application for a review?
You can withdraw your application for a review at any stage during the process by faxing the CPSR Secretary a brief, signed letter (signed) letter stating:
- your name
- appointee’s name
- CPSR number
- your intention to withdraw.
The fax number is (07) 3360 6065
the CPSR Secretary will advise the other parties to the review that you have withdrawn your application.
What happens if I don’t complete my submission by the due date?
You will not be given an extension of the due date for your submission unless you request it from the CPSR Secretary, and provide a reason for your request. Extensions are given only in extraordinary circumstances, which do not include work commitments or periods of leave. If you fail to submit documentation in the required timeframe, the matter may lapse, or the Review Commissioner may consider it ‘on the papers’ (i.e. on the basis of documentation already supplied.)
As an appointee, should I respond to an applicant’s submission?
Whether or not you respond is entirely your own decision; however you are advised to do so if you have some significant points to make in response.
If you decide not to respond, this will not be taken to mean that you accept the applicant’s assertions, but you must advise the CPSR Secretary and the Reviews Inspector of your decision.
Should I take documentation with me to the review hearing?
Yes. Take all the documentation that you have received and provided during the review. It is also a good idea to bring a pad and pen for making notes during the hearing, because it is not appropriate to interject if you want to respond to a matter raised.
The Review Commissioner will invite you to speak at an appropriate time.
What does ‘non-adversarial’ mean in the context of a review?
A review hearing is an administrative, not an adversarial process where prosecution and defence, or their representatives, argue a case in opposition to each other. This does not prevent you from arguing your case, but it does mean that you should treat the other officer with respect and in a way you would like to be treated yourself.
In essence, a review offers the opportunity to identify errors in a selection panel’s decision-making process, not to focus on the appointee's alleged weaknesses.
Can Review Commissioners investigate allegations of misconduct or false claims by the appointee?
No. Review Commissioners do not investigate the veracity of appointees’ claims. If you have any issues regarding an appointee's claims you must refer these to the QPS Review Section for resolution before the review hearing.
Similarly, you must not submit unverifiable, unsubstantiated or unreported allegations of misconduct or breaches of discipline to the Review Commissioner for consideration. If you suspect that improper conduct has occurred, you have a duty to report it to the Commissioner of Police and/or the CMC under section 7.2 of the Police Service Administration Act.
If you wish to pursue such a claim, you must inform the CPSR Secretary so that the review can be adjourned until the appropriate investigations are completed. However, if there are extenuating circumstances, the Review Commissioner may decide to proceed with the review.
What happens at the review hearing?
The review hearing is as informal and relaxed as possible. The Review Commissioner begins with some brief opening comments designed to ensure that the parties understand the nature of the process. The Commissioner will then control and direct the order of speaking as they see fit.
The purpose of the hearing is to highlight, clarify or contest matters already before the Review Commissioner, so any written submissions by the parties to the review are taken as having been read. At the direction of the Review Commissioner, any party to the review may ask questions of other parties only to clarify issues relevant to the decision under review.
Once all submissions have been made, all parties are given the opportunity to make brief final comments on the matter.
The Review Commissioner will provide a written recommendation within 10 working days of the matter being heared.
What material can I present?
The hearing is not a revisitation of the selection process. The Review Commissioner can take into account only material that was relevant to the case at the time it was decided, and can only consider information that was available to the selection panel at the time of its decision.
Is the Review Commissioner’s recommendation final?
The Review Commissioner is empowered to make recommendations only. The Commissioner of Police makes the final decision. If a recommendation is not accepted, the Commissioner of Police must provide the Review Commissioner with a statement of reasons for doing so.
What recommendations can a Review Commissioner make?
If the Review Commissioner believes that the panel’s actions have disadvantaged only the applicant, the recommendation will generally affect only the parties to the review. If, on the other hand, he/she considers that all applicants for the position have been disadvantaged by the panel’s actions, the recommendation may be that a new panel be convened and the selection process conducted afresh.
In general, the only circumstance in which the Review Commissioner will recommend that a decision be ‘varied’ is where:
- it is apparent that a panel has determined merit erroneously
- the applicant is patently superior
- such a recommendation is the only reasonable option.
What happens if there is a reassessment?
If a Review Commissioner recommends that a new selection panel be convened, and the Commissioner of Police accepts this, the QPS will advise officers accordingly of the ensuing process.
