The Commission upheld the Minister's decision to demote and transfer the applicant, finding his conduct during the night shift fell short of the expected standard for a Senior Prison Officer, and his lack of contrition and insight rendered him unsuitable for the role.

The applicant, a Senior Officer at Wandoo Rehabilitation Prison, appealed against the Minister's decision to demote and transfer him, based on allegations of breaching the Department of Justice Code of Conduct during a night shift on 30 January 2021. The Minister contended that the applicant failed to remain alert and vigilant, pointing to instances of not monitoring phone calls and appearing as though he was sleeping.

In his defence, the applicant argued that his actions, including briefly removing his shoes and closing his eyes in a dimly lit staff room, were minor violations and that he was sufficiently alert during the shift. He emphasised his 30 years of service without prior misconduct, and questioned the severity of the penalty, suggesting a lack of insight on the Minister's part.

Commissioner Emmanuel found the penalty of demotion and transfer to be proportionate and fair, noting that the applicant failed to meet the expected standard for a Senior Prison Officer during night shift. Despite being an isolated incident, the Commission deemed the applicant's conduct sufficiently serious to warrant the imposed penalty, expressing concern over his lack of contrition and insight. The decision emphasised that even with a lengthy work history, the applicant demonstrated his unsuitability for the Senior Officer role based on his own evidence and submissions.

The decision can be read here.