February 2015
Reviewing police service
appointments
The process for QPS Officers
© Crime and Corruption Commission 2015
Apart from any fair dealing for the purpose of private study, research, criticism or
review, as permitted under the Copyright Act 1968, no part may be reproduced
by any process without permission. Inquiries should be made to the publisher,
the Crime and Corruption Commission.
Crime and Corruption Commission
Level 2, North Tower Green Square
515 St Pauls Terrace, Fortitude Valley, Australia 4006
GPO Box 3123
Brisbane QLD 4001
Tel: 07 3360 6060
Fax: 07 3360 6333
Email: mailbox@ccc.qld.gov.au
Note: This publication is accessible through the CCC website <www.ccc.qld.gov.au>.
Contents
Introduction
1
Legal entitlement to review
1
Review Commissioners
1
An outline of the review process
2
Responsibilities of police officers within the review system
5
Submission due dates
5
Withdrawal of a notice of application to review
5
Address changes
5
Leave/court commitments
5
Questions frequently asked by applicants
6
Contact details
11
Advice from a former Review Commissioner
12
i
The review process – key steps and deadlines*
1.
Each police service appointment, and the closing date for its review period,
is published in the Queensland Police Gazette.
2.
The APPLICANT faxes completed, signed Notice of Application to Review form to
the Secretary, Commissioner for Police Service Reviews (CPSR) — by review period
closing date.
3.
The Secretary, CPSR gives written notification of the application to review to the
appointee and the Senior Sergeant, Reviews (QPS).
4.
The PANEL CONVENOR, via the Senior Sergeant, Reviews, hands over selection
process documentation to the Secretary, CPSR, who provides copies to the
applicant and the appointee — within three weeks of the review period closing date.
5.
The APPLICANT sends a written submission outlining the reasons for requesting
a review to the Secretary, CPSR, and provides copies to the appointee and the
Senior Sergeant, Reviews — within two weeks of receiving the selection process
documentation.
6.
The PANEL CONVENOR provides a written response to the applicant’s submission,
which is forwarded to all parties to the review — within one week of receiving the
applicant’s submission.
7.
The APPOINTEE provides any response to the applicant’s submission to the
Secretary, CPSR and sends a copy to the applicant and the Senior Sergeant, Reviews
— within one week of receiving the applicant’s submission.
8.
The Secretary, CPSR emails the applicant, the appointee, the Senior Sergeant,
Reviews and the panel convenor about the time and date of the review hearing —
at least seven days in advance of the hearing.
9.
The review hearing is held in person or by teleconference, depending on the
location of the parties.
10. The REVIEW COMMISSIONER makes a recommendation to the Commissioner of
Police within 10 working days of the review hearing, and copies are provided to
the applicant, the appointee and the Senior Sergeant, Reviews.
11. The COMMISSIONER OF POLICE makes the final decision about the appointment.
12. The decision is published in the Queensland Police Gazette.
*See pages 6–7 for a more detailed outline of the review process
ii
Introduction
Police officers with grievances about promotions, transfers and disciplinary
matters other than misconduct can apply to have these decisions reviewed.
In Queensland, appeals are heard by an independent Review Commissioner
external to the Queensland Police Service (QPS).
This booklet deals specifically with reviews of merit-based appointments.1
Legal entitlement to review
A police officer’s right to have a decision reviewed is specified in section 9.3(1)
of the Police Service Administration Act 1990. QPS Policy 2013/14 Reviews and
Appeals, Promotion and Transfer also provides details about the review process.
Review Commissioners
Commissioners for Police Service Reviews (Review Commissioners) are nominated
by the Chairman of the Crime and Corruption Commission (CCC) and appointed
under the Police Service Administration Act 1990 (s. 9.2A).
To be eligible for appointment as a Review Commissioner, the person must be
one of the following:

a past or present Commissioner of the CCC

a past Commissioner of the former Crime and Misconduct Commission (CMC)

a past Commissioner of the former Criminal Justice Commission (CJC)

a person qualified for appointment as Chairman of the CCC

a person who has community service experience, or who has a demonstrated
interest and ability in community affairs.
An employee of the CCC provides secretarial support to the Review Commissioners.
1
Officers seeking information in relation to reviewing a lateral transfer or a disciplinary sanction
should refer to the QPS Policy 2013/14 Reviews and Appeals, Promotion and Transfer or contact
the Secretary, CPSR or the Senior Sergeant, Reviews for advice
Introduction
1
An outline of the review process
1.
Each police service appointment, and the closing date of the period in which
it can be reviewed, is published in the Queensland Police Gazette.
2.
An applicant who wishes to have an appointment decision reviewed (the
applicant) must fax a completed and signed Notice of Application to Review
form (QP310) to the Secretary, Office of the Commissioner for Police Service
Reviews (the Secretary, CPSR), on 07 3360 6065 by midnight on the
closing date.
Applications will also be accepted in person or by mail by 5 pm on the
closing date. Applications for review received after the closing date will not
be accepted (see QPS Policy 2013/14). The applicant should check that the
application has been received by telephoning 07 3360 6387.
The applicant must specify the grounds for review — whether merit and/or
a flawed selection process — on the Notice of Application to Review form.
For example, if a flawed selection process is cited, the applicant must show
how they consider the process to have been flawed. Similarly, an applicant
citing superior merit must detail how or where the panel erred in their
assessment of merit (see QPS Policy 2013/14).
3.
The Secretary, CPSR gives written notification of the application to review
to the officer who was appointed (the appointee) and the Senior Sergeant,
Reviews (QPS). The Secretary, CPSR also formally notifies the applicant that
their application has been received, and explains the review process.
4.
The panel convenor or another panel member provides the relevant
documentation from the selection process to the Secretary, CPSR (via the
Senior Sergeant, Reviews) within three weeks of the closing date of the
review period. The Secretary then provides copies of this documentation to
the applicant and the appointee. A copy is kept for the Review Commissioner.
5.
The applicant has two weeks after receiving this documentation to complete
a written submission outlining in detail the reasons for continuing with their
review. The submission should be sent by fax or email to the Secretary, CPSR.
At the same time the applicant must also send copies to the appointee and
the Senior Sergeant, Reviews.
2
Reviewing police service appointments: the process for QPS Officers
Extensions for submissions will not be given except in extraordinary
circumstances. Work commitments or periods of leave are not grounds for an
extension. (Failure to submit documentation within the required timeframe
may result in the matter lapsing or being considered “on the papers” by the
Review Commissioner — that is, on the basis of documentation already
supplied to the review.)
6.
The panel convenor has one week to provide a written response to the
applicant’s submission, which is forwarded to all parties to the review (the
applicant, the appointee and the Senior Sergeant, Reviews).
7.
The Secretary, CPSR invites the appointee to submit a response to the applicant’s
submission. If the appointee elects to do so, they should fax or email the
response to the Secretary, CPSR, within one week of receiving the applicant’s
submission, and at the same time send a copy to the applicant and the Senior
Sergeant, Reviews. If the appointee does not wish to make a submission,
they should notify the Secretary, CPSR and the Senior Sergeant, Reviews.
8.
The Secretary, CPSR emails the applicant, the appointee, the panel convenor
and the Senior Sergeant, Reviews, at least seven days in advance, about the
date and time of the review hearing. If the applicant or appointee do not
attend the hearing and the Secretary has not been notified of any likely
absences or unavailability (e.g. for court attendances, courses), the matter
may be considered “on the papers”, at the discretion of the Review
Commissioner (see QPS Policy 2013/14).
9.
A review hearing is held, and conducted in accordance with section 9.4 of
the Police Service Administration Act 1990. The hearing may be held either in
person or by teleconference, depending on the location of the parties to the
review. The panel convenor is present at the hearing either in person or via
teleconference to answer any questions.
Both the applicant and the appointee should take to the review hearing all
the documentation that they have supplied and received during the review
process, including copies of their original applications for the position (in case
reference needs to be made to this material).
10. The Review Commissioner makes a recommendation to the Commissioner of
Police within 10 working days of the review hearing. Copies of this review
report are also given to the applicant, the appointee, the panel convenor and
the Senior Sergeant, Reviews.
An outline of the process
3
11. The Commissioner of Police is responsible for making the final decision about
the appointment, and is not obliged to accept the Review Commissioner’s
recommendation. If a recommendation is not accepted, written reasons must
be given to the Review Commissioner.
12. The decision is published in the Queensland Police Gazette.
4
Reviewing police service appointments: the process for QPS Officers
Responsibilities of police officers within the
review system
Submission due dates

The applicant (and the appointee if they choose to provide one) must present
their written submissions to the Review Commissioner by specific dates.
They are given written notification of these dates by the Secretary, CPSR.
Extensions are only given in exceptional circumstances.

Each officer should also provide a copy of their submission to the other
officer, the Secretary, CPSR and the Senior Sergeant, Reviews.
Withdrawal of a notice of application to review

The applicant may withdraw the application to review at any stage of the
review process, by faxing a brief dated and signed letter to the Secretary,
CPSR on 07 3360 6065 or emailing a scanned copy to the Secretary, CPSR
at <secretary.cpsr@ccc.qld.gov.au>. The letter should state that the officer
wishes to withdraw the application to review; the relevant CPSR file number;
and the applicant’s and appointee’s names.

The officer may inform the Secretary, CPSR by phone or email of their
intention to withdraw the application but must confirm this by a signed fax
(as above) within seven days.
Address changes

All parties to the review must advise the Secretary, CPSR of their current
locations at all times, to ensure that material reaches them within normal
postal delivery times. Failure to do so is not an acceptable reason for
requesting an extension.
Leave/court commitments

All parties to the review must advise the Secretary, CPSR of any leave or court
commitments they may have during the review process, by:
o
telephoning 07 3360 6387, or
o
external email to <secretary.cpsr@ccc.qld.gov.au>.
Responsibilities of police officers within the review system
5
Questions frequently asked by applicants
What documentation will I receive with the panel
convenor’s report?
If the applicant for review was not shortlisted for the position, both officers will
receive the following documentation:

the panel convenor’s summary of reasons for the decision

shortlisting matrices

the relevant job description and duty specifications

both officers’ applications for the position

any other notes or records resulting from the shortlisting process.
If both officers were interviewed for the position, they will receive the following
additional material:

a list of questions used during the interview process and a checklist of
appropriate responses

panel members’ interview notes

recorded referee comments2

any other notes made, or materials taken into account, by the panel in the
selection process.
Where are review hearings held?
Depending on the location of the parties to the review, the review hearing may be
conducted by personal attendance or by teleconference. 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. The hearing will take place in the
CCC’s premises, Level 2, North Tower Green Square, 515 St Pauls Terrace,
Fortitude Valley.
Where one officer is local and the other is not, the hearing will be conducted by
teleconference. Provision may also be made for a teleconference hearing if an
officer is unable to attend due to illness or other incapacity.
2
See QPS Policy 2013/14 for more details
6
Reviewing police service appointments: the process for QPS Officers
Who attends the review hearing?
In addition to the applicant and the appointee, those present at the hearing are the
Review Commissioner, the panel convenor and the Secretary, CPSR. Also present
is the Senior Sergeant, Reviews, who can advise the Review Commissioner on
matters such as police policy or operational requirements. The Senior Sergeant
provides advice only and does not put forward a case for either officer.
A member of the Queensland Police Union of Employees has a standing invitation
to attend a review hearing as an observer. Officers are not permitted to be legally
represented at review hearings.
Can I withdraw my application to review?
It is possible to withdraw the application to review at any stage during the review
process, by sending a brief signed letter to the Secretary, CPSR. This letter must
be faxed to the Secretary on 07 3360 6065 or a scanned copy emailed to the
Secretary at <secretary.cpsr@ccc.qld.gov.au> and contain the following details:

applicant’s name

appointee’s name

CPSR number

intention to withdraw.
The appointee, the panel convenor and the Senior Sergeant, Reviews will both be
advised by the Secretary, CPSR that the review application has been withdrawn.
What happens if I don’t complete my submission by the due date?
An extension for a submission will not be given unless a request and reason for
such request is made to the Secretary, CPSR. Generally, work commitments or
recreation leave taken after the application to review is submitted are not
acceptable reasons for an extension.
A review application may not necessarily lapse if the applicant fails to provide a
submission by the due date. However, it may result in the matter being
considered “on the papers” by the Review Commissioners — i.e. using the
documentation already available.
Questions frequently asked by applicants
7
Should an appointee respond to the applicant’s submission?
It is for the appointee to decide whether to respond in writing to the applicant’s
submission. However, they are advised to do so if they have some significant
points to make in response.
If the appointee considers it unnecessary to respond, the absence of a response
will not be taken as indicating acceptance of the applicant’s assertions. However,
they must advise the Secretary, CPSR and the Senior Sergeant, Reviews.
Should I take documentation with me to the review hearing?
Yes. Take all the documentation that you have received and provided during the
review process. It is also a good idea to bring pad and pen for making notes during
the hearing, because it is not appropriate to interject when wishing to make a
response to a matter raised. The Review Commissioner will invite you to speak at
an appropriate time.
What is meant by “non-adversarial”?
A review hearing is an administrative proceeding. It is not an adversarial process
whereby 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 you should treat the other officer with respect and in a manner
in which you would hope to be treated yourself. In essence, the review is an
opportunity to identify errors in the selection panel’s decision, not to focus on
alleged weaknesses in the appointee.
Can Review Commissioners investigate allegations of misconduct
or false claims by the appointee?
No. Review Commissioners do not investigate the veracity of appointees’ claims.
Applicants to review must refer veracity-of-claims issues to the QPS Review
Section for resolution before the review hearing. Similarly, officers must not
submit unverifiable, unsubstantiated or unreported allegations of misconduct
or breaches of discipline for consideration by the Review Commissioners.
An officer who reasonably suspects that such conduct has occurred has a duty
under section 7.2 of the Police Service Administration Act to report it to the
Commissioner of Police and/or the CCC. If the officer wishes to pursue such
claims, they must inform the Secretary, CPSR so that the review can be adjourned
until the appropriate investigations are completed. In extenuating circumstances,
the Review Commissioner may determine to proceed with the review.
8
Reviewing police service appointments: the process for QPS Officers
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 review process. They will then control and direct the
order of speaking at the review hearing as they see fit.
Written submissions by the parties to the review are taken as having been read
before the review hearing. The purpose of the review hearing is to highlight,
clarify or contest matters already before the Review Commissioner.
A party to the review may ask questions of other parties at the direction of the
Review Commissioner. The purpose of such questions should only be to clarify
issues relevant to the decision under review.
At the conclusion of submissions, all parties should be 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 heard.
What material can I present?
The Review Commissioner can only take into account material that was relevant
to the case at the time the case was decided. Therefore, the review hearing is
not the selection process revisited. The Review Commissioner will 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 final decision rests with the Commissioner of Police. The Commissioner,
in the event of choosing not to accept the Review Commissioner’s
recommendation, must provide a statement of reasons for such a decision.
Questions frequently asked by applicants
9
What recommendations can a Review Commissioner make?
If the Review Commissioner believes that the panel’s actions have disadvantaged
the applicant only, the recommendation will generally affect only the parties to
the review. If, on the other hand, the Review Commissioner considers that all
applicants for the position have been disadvantaged by the panel’s actions,
the recommendation may be for a new panel to 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 and such a
recommendation is the only reasonable option.
What happens if there is a reassessment?
Where a Review Commissioner recommends that a new QPS panel be convened,
and the recommendation is accepted by the Commissioner of Police, officers will
be advised accordingly by the QPS as to the ensuing process.
10 Reviewing police service appointments: the process for QPS Officers
Contact details
Office of the Commissioner for Police Service Reviews
Office:
Crime and Corruption Commission
Level 2, North Tower Green Square
515 St Pauls Terrace
Fortitude Valley QLD 4006
Postal address:
GPO Box 3123
Brisbane QLD 4001
Phone:
07 3360 6387
Fax:
07 3360 6065
Email:
secretary.cpsr@ccc.qld.gov.au (external email)
Senior Sergeant, Reviews:
Phone:
07 3099 6231
Fax:
07 3238 6676
Contact details
11
Advice from a former Review Commissioner
The following article was written by Mr Barrie Ffrench, a Review Commissioner
from 1993 to 2004, and published in the Queensland Police Union Journal.
It provides some useful advice and information to anyone considering making
application to have a decision reviewed.
1.
Establishing grounds for review
1.1 Get feedback
Ensure that you do have a case for review. First, get feedback from the
panel convenor or another member of the panel if the convenor is not
available. Proper feedback on the reasons for your non-appointment is
your entitlement. In particular cases you may request that a summary of
feedback be provided in writing. You may also request a copy of the
successful officer’s application.
Once you have feedback, consider the points made. Perhaps there are
ways in which you could have presented your case better. Was your
application specific enough? If you were interviewed, could your answers
have been more relevant? It may be a good idea to talk it over with a
colleague who knows you well, or with a friend or partner. They may be
able to point out things that you have not seen yourself. Most of us do
not have the gift of seeing ourselves “as others see us”. A private talk
with your supervising officer could be beneficial.
1.2 Decide on grounds of review
Assuming that you have decided to review an officer’s appointment,
make sure that your reasons can stand up in a review situation. The two
general grounds for review are that either the process of selection was
defective or that you have demonstrated greater merit during the
selection process that the panel failed to properly assess.
If you believe the process was defective, make sure that you have the
facts right. Having perused QPS Policy 2013/14 Reviews and Appeals,
Promotion and Transfer and identified what you consider to have been
done incorrectly, check your opinion with someone who is in a good
position to advise you. Your regional personnel officer is probably the
best person in this regard.
12 Reviewing police service appointments: the process for QPS Officers
Once you are sure of your grounds, draft a submission and ask someone
to go through it with you to check for completeness. Make sure that your
grounds are particularised and clearly expressed.
Instructions in how to submit an application to review are contained in
the QPS Policy 2013/14. Ensure that your application is received by the
Office of the Commissioner for Police Service Reviews before the due
date specified in the Gazette. Note that a facsimile is sufficient and is the
best way to ensure that your application is received before the due date
specified in the Gazette.
If your application is to be on the grounds of merit, remember that it is
not sufficient for you to state your opinion that you have considerable
merit or more merit than the appointee. This means that you will need to
examine the panel’s ratings of each criterion in the position description
for each KSC, and detail what matters in your favour have been
overlooked or underrated by the panel in comparison with the appointee.
Do not expect the Review Commissioner to do your thinking for you.
The Review Commissioner will certainly have examined all the evidence
in the panel convenor’s report, but you will be expected to argue your
case in your written submissions and at the Review Hearing.
2.
Common mistakes and how to avoid them
Many officers make the mistake of either relying on their experiences to
prove merit, or simply asserting their merit without producing evidence to
demonstrate that assertion.
Experience is how we get the opportunity to demonstrate merit. It is not
merit in itself. Some officers say something like this: “I have 23 years of
service, the appointee has only 14, and therefore my merit generally, and my
knowledge in particular, must be greater.”
This is not logical. Some of us learn more from our experience than do others.
And some of us with 23 years’ service have had one year’s experience 23 times.
Some officers refer to particular experiences as proof of merit. The following
claims are made, with our comments in brackets:

“I am adopt-a-cop at three schools.” (What happened because of your
being an adopt-a-cop? What results followed? What initiatives did you
install? Unless there is hard evidence, all we can do is assume that you
just turned up.)
Advice from a former Review Commissioner
13

“I lecture at TAFE, and therefore I am a good communicator.” (It does not
follow! All of you will have heard poor lecturers at any educational
institution. Show your effectiveness by means of things like repeated
requests to return; commendations from students or the faculty; or a
referee who can endorse your claim.)

“I got first-class honours in management, and this makes me a good
manager.” (It doesn’t. It shows that you know the theory. You will need
to provide evidence of how well you managed, or how you increased
productivity or solved a problem. Again, a referee could confirm.)

“I managed 20 people at that station.” (How well did you manage them?
What evidence can you provide?)

“I am more multi-skilled than the appointee.” (This may simply mean
that you have had more jobs in a broader environment. You have to go
further and show what you have done as a result of your broad
experience.)

“I have made more arrests than the appointee.” (This does not
necessarily mean that you are a more effective officer. You may have
been in an area where it was inevitable that more arrests would be
made. Perhaps the appointee had success in proactive policing that
reduced either the opportunity to commit an offence, or reduced the
intention to do so.)
Assertion is often used as if it proves actual merit. Statements like:

“I am well known as an effective communicator”

“I am an efficient manager”

“My record in problem-solving is well known”
do not aid a proper assessment of merit, unless you can back them up with
hard evidence.
Are your initiatives and achievements covered in the material you submitted
with your application? Are there senior officers who can support your claims?
They don’t have to be your current or past supervising officers. State their
name and location, and a member of the panel can easily verify what you said.
A recommendation by a Review Commissioner to interfere with the original
decision of the selection panel can only be made on hard evidence, and on
nothing else. You can provide that evidence in your application for the
position including reference to referees and through answers to interview
14 Reviewing police service appointments: the process for QPS Officers
questions. If you have provided such evidence, and if this has not been fully
appreciated by the panel, then this is a valid ground for review which should
be raised in your written submissions and at the review hearing.
3.
The review hearing
Finally, a word or two about the review hearing itself. Make sure you arrive in
good time. Be prepared to debate your merit as against that of the appointee.
You are told that reviews are “non-adversarial”. This does not mean that you
cannot argue your case, as long as you do so in a non-adversarial way. Treat
the other officer as you would hope to be treated yourself, and you cannot
go wrong. The emphasis should be on demonstrating how the selection panel
erred in their decision, not the weaknesses of the appointee.
You will find that the actual review hearing is informal and as relaxed as
possible. In the room will be the Commissioner for Police Service Reviews,
the Secretary to the Review Commissioner and a representative of the
Commissioner for the Police Service. This officer’s job is to assist the process
by providing the Review Commissioner with the kind of information that an
independent person would not have. The officer’s job is not to present a case
for or against either party, but to ensure that all evidence is properly presented.
Upon conclusion of a review, the Review Commissioner is to make such
recommendations to the Commissioner of the Police Service as considered
appropriate. In promotion and transfer matters, the most common types of
recommendations are to affirm the decision of the selection panel; to
recommend a new panel be formed to make a fresh determination; or in
more limited circumstances, to set aside the appointment and substitute the
application for review.
Any recommendation made by the Review Commissioner is a
recommendation only. The final decision will rest with the Commissioner of
the Police Service who may accept or reject the recommendation. If it is
rejected, the Commissioner is bound to provide his reasons to all parties.
In conclusion, it is important to point out that the review process is a very
expensive one. In fairness to all, please make sure that you only review an
appointment if you have good reason to do so. And if, for some reason, you
have to withdraw your application, do so as soon as possible to avoid the
extra cost involved in preparing for the review.
Advice from a former Review Commissioner
15
Crime and Corruption Commission
GPO Box 3123, Brisbane QLD 4001
Level 2, North Tower Green Square
515 St Pauls Terrace
Fortitude Valley QLD 4006
Phone: 07 3360 6060
(toll-free outside Brisbane: 1800 061 611)
Fax:
07 3360 6333
Email: mailbox@ccc.qld.gov.au
www.ccc.qld.gov.au