Mitchell v Commissioner of Police [1986] AFPDT 7

— [iige) AFPDT 7

IN THE FEDERAL POLICE )

) No. FPDT 7 of 1986 DISCIPLINARY TRIBUNAL )

SENIOR CONSTABLE GRAHAM BARRY MITCHELL

Appellant

THE COMMISSIONER OF POLICE

Respondent

ORDER

THE PRESIDENT (KELLY J) 7 NOVEMBER 1986

CANBERRA, A.C.T.

THE TRIBUNAL ORDERS:

Tne That the appeal from the decision of the respondent Commissioner dated 11 August 1986 whereby he reduced the appellant in rank from the grade of Senior Constable within the rank of Constable in_ the Australian Federal Police to the grade of Constable

within that rank be dismissed, the reduction in rank to take effect from this day.

2 That the decision of the respondent Commissioner of 13 August 1986 that the rate of salary payable to the appellant should be that payable to a Constable in his second year of service be varied so that the rate of salary payable to him shall, with effect from this day, be that of a Constable in his fourth year of service.

IN THE FEDERAL POLICE ) No. FPDT 7 of 1986

~~

DISCIPLINARY TRIBUNAL )

SENIOR CONSTABLE GRAHAM BARRY MITCHELL

Appellant

THE COMMISSIONER OF POLICE

Respondent

REASONS FOR DECISION KELLY J (President)

7 NOVEMBER 1986

This is an appeal brought under s.69 of the Complaints (Australian Federal Police) Act 1981 (the Act) against a penalty imposed on Senior Constable Graham Barry Mitchell, the appellant, by the respondent Commissioner.

By notice issued on 3 June 1986 under Regulation 19 of the Australian Federal Police (Disciplinary) Regulations (the Regulations) the respondent instituted proceedings against the appellant alleging a disciplinary offence specified in Regulation 18(1)(h) of the Regulations. The notice described the nature and particulars of the alleged offence as follows:-

"That on 9 May 1986, at Canberra in the

Australian Capital Territory, you the said

GRAHAM BARRY MITCHELL were found guilty by