Rowlands v Commissioner of Police [1983] AFPDT 6

7 G SUDGMENT No, Lebo LLCS

IN THE FEDERAL POLICE ) ) No. 12 of 1983 DISCIPLINARY TRIBUNAL ) BETWEEN: FRANCIS JAMES ROWLANDS Appellant AND: THE COMMISSIONER OF POLICE a Respondent ORDERS

THE PRESIDENT (KELLY J) 9 DECEMBER 1983

CANBERRA, A.C.T.

THE TRIBUNAL ORDERS THAT

1. The appeal be upheld.

2. In lieu of the penalty of dismissal from the Australian Federal Police imposed by the Commissioner of Police in respect of Charge No. AFP:18/8182 the appellant be reduced in rank from the grade of Senior Constable in the rank of Constable in the Protective Services Component of the Australian Federal Police to the grade of Constable in the rank of Constable in that component, the reduction in rank to take effect from today.

3. The appellant's costs of and incident to the appeal be paid

by the Commonwealth.

©

IN THE FEDERAL POLICE )

we

DISCIPLINARY TRIBUNAL )

BETWEEN:

AND:

REASONS FOR DECISION:

9 DECEMBER 1983

No. 12 of 1983

FRANCIS JAMES ROWLANDS

Appellant

THE COMMISSIONER OF POLICE

Respondent

KELLY J (President)

Regulation 18(1) of the Australian Federal Police (Discipline) Regulations (the Regulations) provides that:-

"A member is guilty of a disciplinary offence and is subject to punishment in accordance with [the] Regulations if the member -

(b) contravenes or fails to comply with a General Order or a General Instruction issued under section 14 of the Act;

(d) is guilty of disgraceful or improper conduct, either in his official capacity or otherwise;

(e) acts in a disorderly manner or in a manner unbecoming of the Australian Federal Police;

(h) is found guilty by a court of an offence against a law of the Commonwealth, a State, or Territory or another country."