Commissioner of Police v Gallaher [1990] AFPDT 1

Commissioner of Police v Gallaher [1990] AFPDT 1

The Tribunal found that Sergeant Gallaher's conduct, including the use of lewd and derogatory language concerning the Internal Investigation Division in the presence of colleagues and while under the influence of alcohol at the police station, constituted conduct unbecoming a member of the Australian Federal Police and behaviour likely to bring discredit to the reputation of the organisation, notwithstanding his claim to be acting in an association capacity and off duty.

Parties
Applicant: Commissioner of Police; Respondent: Sergeant Patrick John Gallaher
Jurisdiction
Australia
Judgment Date
17 January 1990
Procedural Posture
Disciplinary Tribunal Proceeding / Decision on Allegations
Outcome
Allegations proved in part
Legal Topics
Unbecoming Conduct, Improper Conduct, Discredit to Reputation, Alcohol Consumption, Use of Derogatory Language
Police Discipline Unbecoming Conduct Improper Conduct Discredit to Reputation Alcohol Consumption Use of Derogatory Language

Case Brief

Summary, issues, holding and outcome

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Parties

Commissioner of Police

Applicant

Sergeant Patrick John Gallaher

Respondent

Procedural Posture

Disciplinary Tribunal Proceeding / Decision on Allegations

Legal Issues

  1. 1 Whether Sergeant Gallaher engaged in conduct unbecoming a member of the Australian Federal Police
  2. 2 Whether use of lewd, derogatory, and threatening words constituted a disciplinary breach
  3. 3 Whether being under the influence of alcohol at the police station constituted misconduct

Ratio Decidendi

The Tribunal found that Sergeant Gallaher's conduct, including the use of lewd and derogatory language concerning the Internal Investigation Division in the presence of colleagues and while under the influence of alcohol at the police station, constituted conduct unbecoming a member of the Australian Federal Police and behaviour likely to bring discredit to the reputation of the organisation, notwithstanding his claim to be acting in an association capacity and off duty.

Court Disposition

Allegations proved in part

Orders

  • Finding that the use of derogatory words regarding the Internal Investigation Division on the 25th floor and in the lift is made out.
  • Finding that remaining at the Waverley Police Station under the influence of alcohol is made out.