Commissioner of Police v Czerwinski [1986] AFPDT 5

Commissioner of Police v Czerwinski [1986] AFPDT 5

General Instruction 37(3) does not create a discretion; its terms must be read as imposing a mandatory duty for all operationally significant actions to be recorded, and the respondent's failure to enter the events surrounding the Johnston investigation constitutes a disciplinary breach.

Parties
Complainant: The Commissioner of Police; Respondent: Senior Constable John Peter Czerwinski
Jurisdiction
Australia
Judgment Date
25 July 1986
Procedural Posture
Disciplinary Tribunal / Hearing and Finding
Outcome
Charge proved; matter remitted to Commissioner for further action under s 67(3)(b) of the Complaints (Australian Federal Police) Act 1981.
Legal Topics
Police Discipline, Interpretation of Statutory Instructions, Diary and Record Keeping Obligations
Police Law Administrative Law Police Discipline Interpretation of Statutory Instructions Diary and Record Keeping Obligations

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Parties

The Commissioner of Police

Complainant

Senior Constable John Peter Czerwinski

Respondent

Procedural Posture

Disciplinary Tribunal / Hearing and Finding

Legal Issues

  1. 1 Whether failure to record significant operational events in the official diary breaches Regulation 18(1)(b) of the Australian Federal Police (Discipline) Regulations and General Instruction 37(3)
  2. 2 Whether General Instruction 37(3) creates a mandatory duty or confers a discretion based on its use of the word 'should'

Ratio Decidendi

General Instruction 37(3) does not create a discretion; its terms must be read as imposing a mandatory duty for all operationally significant actions to be recorded, and the respondent's failure to enter the events surrounding the Johnston investigation constitutes a disciplinary breach.

Court Disposition

Charge proved; matter remitted to Commissioner for further action under s 67(3)(b) of the Complaints (Australian Federal Police) Act 1981.

Orders

  • The charge against Senior Constable John Peter Czerwinski is remitted to the Commissioner of the Australian Federal Police in accordance with Section 67(3)(b) of the Complaints (Australian Federal Police) Act 1981.