The Queensland police minister, Mark Ryan, says he wants the police service to resolve its ongoing three-year legal battle to deny compensation to a domestic violence victim whose address was leaked to her former partner by a rogue officer.
Neil Punchard, the senior constable who leaked the woman’s details to her violent former husband, was this month convicted of nine counts of computer hacking and sentenced to a suspended prison term.
Separate from the criminal case, the victim, Julie*, has been attempting to access compensation from the police service to cover the cost of having to twice relocate her family in fear.
In March, the Queensland civil and administrative tribunal (QCAT) found in her favour and ruled that the police service had breached the state’s information privacy principles, and could be held liable for the breach.
Police then lodged an appeal – submitted more than 28 days after the decision – and the case has been stalled for eight months awaiting a new hearing date from the tribunal, which has not yet decided whether the appeal should be accepted. Any hearing to decide compensation has been stayed indefinitely.
Guardian Australia asked Ryan whether the state was willing to allow the civil matter to continue to drag on in a manner that was compounding the victim’s trauma, in the wake of Punchard’s guilty plea.
“I have raised this matter with the acting police commissioner,” Ryan said.
“I understand it is now being reviewed. I’m keen to see the matter resolved. It’s been going on long enough.”
Police have fought the breach of privacy case on a technicality. They admit Julie’s privacy was breached via police data systems, but continue to dispute any liability.
The police case was run by the government’s legal office, Crown Law, and the state briefed a barrister. They have repeatedly filed submissions and other documents after tribunal-imposed deadlines. Julie has represented herself throughout.
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The judgement was scathing of police practices. QCAT member Susan Gardiner found police had no systematic auditing process for regulating how officers used or misused the data of citizens, and that she could not be satisfied the QPS took all reasonable measures to prevent Punchard’s unauthorised use of the QPrime system.
The state has previously been pressured to offer Julie reasonable compensation for the ordeal and to abandon the tribunal case. Until this week, senior government figures had maintained it was not appropriate to intervene, despite the state agency being a litigant in the case.
However, more than three years after details about the case were first reported – and as it receives increased attention in the wake of the conviction of Punchard – Ryan appears to have intervened.
The police minister was approached at a constituency meeting at the weekend by Renee Eaves, another victim of police data misuse, and a public advocate for Julie.
Ryan told Eaves that he would approach the commissioner, Katarina Carroll, about the matter when she returned from leave, but would not commit to a meeting with Julie.
It is understood police have pursued the case partly because the ruling could have broader implications, amid concerns Julie and others represent the tip of the iceberg in terms of police data misuse.
The state’s Crime and Corruption Commission is preparing to hold hearings next month into public sector data misuse.
Punchard is understood to be preparing an appeal, backed by the Queensland police union, attempting to overturn his suspended prison sentence. In the Brisbane magistrates court this month his lawyer, Calvin Gnech, argued for a fine and for the court not to record a conviction.
Police are awaiting the result of a potential appeal before deciding whether to sack Punchard. Under the state’s police discipline system it is notoriously difficult to dismiss an officer. The new commissioner, Katarina Carroll, has taken legal advice to await the appeal before acting.
“This is a very serious matter and one that I am taking the time to consider carefully with respect to process and legal implications,” she said recently.
“I can assure the community that we have the procedures and systems in place to take action on these matters and, going forward, I commit to ensuring these systems remain strong and in keeping with the expectations of the community we serve.”
Carroll’s predecessor, Ian Stewart, was heavily criticised for his handling of Julie’s case, which became a constant source of embarrassment for a police service which has in recent years repeatedly faced claims it failed to protect women and victims of domestic and sexual violence.
*Name has been changed
