{"id":"qld:act-1990-004","name":"Police Service Administration Act 1990","slug":"police-service-administration-act-1990","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"4 of 1990","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104893,"registerId":"qld-act-1990-004-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1.1","sectionType":"section","heading":"Short title","content":"### sec.1.1 Short title\n\nThis Act may be cited as the Police Service Administration Act 1990 .","sortOrder":1},{"sectionNumber":"sec.1.2","sectionType":"section","heading":"Commencement","content":"### sec.1.2 Commencement\n\nSection 1 .1 and this section commence on the day this Act is assented to for and on behalf of Her Majesty.\nExcept as provided in subsection (1) , the provisions of this Act, or such of them as are specified in the proclamation, commence on the day or days appointed by proclamation for commencement of those provisions.\n(sec.1.2-ssec.1) Section 1 .1 and this section commence on the day this Act is assented to for and on behalf of Her Majesty.\n(sec.1.2-ssec.2) Except as provided in subsection (1) , the provisions of this Act, or such of them as are specified in the proclamation, commence on the day or days appointed by proclamation for commencement of those provisions.","sortOrder":2},{"sectionNumber":"sec.1.3","sectionType":"section","heading":"Objects","content":"### sec.1.3 Objects\n\nThe objects of this Act are to provide for the following—\nthe maintenance of the Queensland Police Service;\nthe membership of the service;\nthe development and administration of the service.\n- (a) the maintenance of the Queensland Police Service;\n- (b) the membership of the service;\n- (c) the development and administration of the service.","sortOrder":3},{"sectionNumber":"sec.1.4","sectionType":"section","heading":"Definitions","content":"### sec.1.4 Definitions\n\nThe dictionary in schedule 2 defines particular words used in this Act.\ns 1.4 amd 1992 No. 36 s 2 sch 1\nsub 1993 No. 77 s 2 sch 1 ; 2023 No. 7 s 28 (1) – (2)\namd 2023 No. 7 s 53 (1) , (5)\nNote—s 1.4 contained definitions for this Act. Definitions are now located in schedule 2 (Dictionary). History notes for definitions contained in s 1.4 are located in the history notes for sch 2.","sortOrder":4},{"sectionNumber":"sec.1.5","sectionType":"section","heading":"Meaning of tenure not limited by time","content":"### sec.1.5 Meaning of tenure not limited by time\n\nA person is appointed to a position on a tenure not limited by time if the appointment does not specify an appointment period.\ns 1.5 ins 1993 No. 77 s 2 sch 1","sortOrder":5},{"sectionNumber":"sec.1.6","sectionType":"section","heading":null,"content":"### Section sec.1.6\n\ns 1.6 ins 2003 No. 92 s 31\nom 2023 No. 7 s 68 s ch 1 pt 1","sortOrder":6},{"sectionNumber":"pt.2","sectionType":"part","heading":"Queensland Police Service","content":"# Queensland Police Service","sortOrder":7},{"sectionNumber":"sec.2.1","sectionType":"section","heading":"Maintenance of service","content":"### sec.2.1 Maintenance of service\n\nThere is to be maintained at all times in the State a body of persons under the name and style ‘Queensland Police Service’.","sortOrder":8},{"sectionNumber":"sec.2.2","sectionType":"section","heading":"Membership of service","content":"### sec.2.2 Membership of service\n\nThe Queensland Police Service consists of police officers, police recruits and staff members.\nPolice officers are—\nthe commissioner of the police service;\nthe persons holding appointment as an executive police officer;\nthe persons holding appointment as a commissioned police officer;\nthe persons holding appointment as a noncommissioned police officer;\nthe persons holding appointment as a constable;\nthe persons holding appointment as a special constable (State officer).\ns 2.2 amd 1993 No. 77 s 2 sch 1 ; 2023 No. 10 s 32C\n(sec.2.2-ssec.1) The Queensland Police Service consists of police officers, police recruits and staff members.\n(sec.2.2-ssec.2) Police officers are— the commissioner of the police service; the persons holding appointment as an executive police officer; the persons holding appointment as a commissioned police officer; the persons holding appointment as a noncommissioned police officer; the persons holding appointment as a constable; the persons holding appointment as a special constable (State officer).\n- (a) the commissioner of the police service;\n- (b) the persons holding appointment as an executive police officer;\n- (c) the persons holding appointment as a commissioned police officer;\n- (d) the persons holding appointment as a noncommissioned police officer;\n- (e) the persons holding appointment as a constable;\n- (f) the persons holding appointment as a special constable (State officer).","sortOrder":9},{"sectionNumber":"sec.2.3","sectionType":"section","heading":"Functions of service","content":"### sec.2.3 Functions of service\n\nThe functions of the police service are the following—\nthe preservation of peace and good order—\nin all areas of the State; and\nin all areas outside the State where the laws of the State may lawfully be applied, when occasion demands;\nthe protection of all communities in the State and all members thereof—\nfrom unlawful disruption of peace and good order that results, or is likely to result, from—\nactions of criminal offenders;\nactions or omissions of other persons;\nfrom commission of offences against the law generally;\nthe prevention of crime;\nthe detection of offenders and bringing of offenders to justice;\nthe upholding of the law generally;\nthe administration, in a responsible, fair and efficient manner and subject to due process of law and directions of the commissioner, of—\nthe provisions of the Criminal Code ;\nthe provisions of all other Acts or laws for the time being committed to the responsibility of the service;\nthe powers, duties and discretions prescribed for officers by any Act;\nthe provision of the services, and the rendering of help reasonably sought, in an emergency or otherwise, as are—\nrequired of officers under any Act or law or the reasonable expectations of the community; or\nreasonably sought of officers by members of the community;\nthe provision of services for the security of state buildings.\ns 2.3 amd 2000 No. 5 s 461 sch 3 ; 2022 No. 9 s 33\n- (a) the preservation of peace and good order— (i) in all areas of the State; and (ii) in all areas outside the State where the laws of the State may lawfully be applied, when occasion demands;\n- (i) in all areas of the State; and\n- (ii) in all areas outside the State where the laws of the State may lawfully be applied, when occasion demands;\n- (b) the protection of all communities in the State and all members thereof— (i) from unlawful disruption of peace and good order that results, or is likely to result, from— (A) actions of criminal offenders; (B) actions or omissions of other persons; (ii) from commission of offences against the law generally;\n- (i) from unlawful disruption of peace and good order that results, or is likely to result, from— (A) actions of criminal offenders; (B) actions or omissions of other persons;\n- (A) actions of criminal offenders;\n- (B) actions or omissions of other persons;\n- (ii) from commission of offences against the law generally;\n- (c) the prevention of crime;\n- (d) the detection of offenders and bringing of offenders to justice;\n- (e) the upholding of the law generally;\n- (f) the administration, in a responsible, fair and efficient manner and subject to due process of law and directions of the commissioner, of— (i) the provisions of the Criminal Code ; (ii) the provisions of all other Acts or laws for the time being committed to the responsibility of the service; (iii) the powers, duties and discretions prescribed for officers by any Act;\n- (i) the provisions of the Criminal Code ;\n- (ii) the provisions of all other Acts or laws for the time being committed to the responsibility of the service;\n- (iii) the powers, duties and discretions prescribed for officers by any Act;\n- (g) the provision of the services, and the rendering of help reasonably sought, in an emergency or otherwise, as are— (i) required of officers under any Act or law or the reasonable expectations of the community; or (ii) reasonably sought of officers by members of the community;\n- (i) required of officers under any Act or law or the reasonable expectations of the community; or\n- (ii) reasonably sought of officers by members of the community;\n- (h) the provision of services for the security of state buildings.\n- (i) in all areas of the State; and\n- (ii) in all areas outside the State where the laws of the State may lawfully be applied, when occasion demands;\n- (i) from unlawful disruption of peace and good order that results, or is likely to result, from— (A) actions of criminal offenders; (B) actions or omissions of other persons;\n- (A) actions of criminal offenders;\n- (B) actions or omissions of other persons;\n- (ii) from commission of offences against the law generally;\n- (A) actions of criminal offenders;\n- (B) actions or omissions of other persons;\n- (i) the provisions of the Criminal Code ;\n- (ii) the provisions of all other Acts or laws for the time being committed to the responsibility of the service;\n- (iii) the powers, duties and discretions prescribed for officers by any Act;\n- (i) required of officers under any Act or law or the reasonable expectations of the community; or\n- (ii) reasonably sought of officers by members of the community;","sortOrder":10},{"sectionNumber":"sec.2.3A","sectionType":"section","heading":"Presence of police officers at fire or hazardous materials emergency","content":"### sec.2.3A Presence of police officers at fire or hazardous materials emergency\n\nOn receiving information of the occurrence of an incident requiring the attendance of fire service officers, the commissioner or the police officer in charge, at the time, of the police station nearest to the location of the incident must immediately send as many police officers as are considered necessary to preserve order and to help at the incident.\nIn this section—\nincident means—\na fire; or\na hazardous materials emergency under the Fire Services Act 1990 .\ns 2.3A ins 2000 No. 5 s 461 sch 3\namd 2003 No. 19 s 3 sch ; 2014 No. 17 s 116 ; 2024 No. 22 s 92 sch 1\n(sec.2.3A-ssec.1) On receiving information of the occurrence of an incident requiring the attendance of fire service officers, the commissioner or the police officer in charge, at the time, of the police station nearest to the location of the incident must immediately send as many police officers as are considered necessary to preserve order and to help at the incident.\n(sec.2.3A-ssec.2) In this section— incident means— a fire; or a hazardous materials emergency under the Fire Services Act 1990 .\n- (a) a fire; or\n- (b) a hazardous materials emergency under the Fire Services Act 1990 .","sortOrder":11},{"sectionNumber":"sec.2.3AA","sectionType":"section","heading":"Responsibility for command","content":"### sec.2.3AA Responsibility for command\n\nAt any incident—\nthat calls for action by police; and\nat which officers are present;\nthe officer who is responsible for taking such action, and for action taken, is the senior officer who is present.\ns 2.3AA (prev s 7.1) amd 1998 No. 19 s 6 ; 2019 No. 32 s 6 (1) – (2)\nreloc and renum 2019 No. 32 s 6 (3)\n- (a) that calls for action by police; and\n- (b) at which officers are present;","sortOrder":12},{"sectionNumber":"sec.2.4","sectionType":"section","heading":"Community responsibility preserved","content":"### sec.2.4 Community responsibility preserved\n\nThe prescription of any function as one of the functions of the police service does not relieve or derogate from the responsibility and functions appropriately had by the community at large and the members thereof in relation to—\nthe preservation of peace and good order; and\nthe prevention, detection and punishment of breaches of the law.\nIn performance of the functions of the police service, members of the service are to act in partnership with the community at large to the extent compatible with efficient and proper performance of those functions.\n(sec.2.4-ssec.1) The prescription of any function as one of the functions of the police service does not relieve or derogate from the responsibility and functions appropriately had by the community at large and the members thereof in relation to— the preservation of peace and good order; and the prevention, detection and punishment of breaches of the law.\n(sec.2.4-ssec.2) In performance of the functions of the police service, members of the service are to act in partnership with the community at large to the extent compatible with efficient and proper performance of those functions.\n- (a) the preservation of peace and good order; and\n- (b) the prevention, detection and punishment of breaches of the law.","sortOrder":13},{"sectionNumber":"sec.2.5","sectionType":"section","heading":"Administration of staff members","content":"### sec.2.5 Administration of staff members\n\nStaff members are—\nofficers of the public service assigned to perform duties in the police service; and\npersons appointed as staff members by the commissioner under—\nsection 8 .3(5); or\nthe Public Sector Act 2022 , chapter 4 , part 2 ; and\nprotective services officers and protective services officers (in training); and\nMRQ members; and\nSES members.\nWhile performing duties in or for the service, a staff member is subject to the commissioner’s directions.\ns 2.5 sub 1993 No. 77 s 2 sch 1\namd 1996 No. 37 s 147 sch 2 ; 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3 ; 2022 No. 9 s 34 ; 2024 No. 18 s 23\n(sec.2.5-ssec.1) Staff members are— officers of the public service assigned to perform duties in the police service; and persons appointed as staff members by the commissioner under— section 8 .3(5); or the Public Sector Act 2022 , chapter 4 , part 2 ; and protective services officers and protective services officers (in training); and MRQ members; and SES members.\n(sec.2.5-ssec.2) While performing duties in or for the service, a staff member is subject to the commissioner’s directions.\n- (a) officers of the public service assigned to perform duties in the police service; and\n- (b) persons appointed as staff members by the commissioner under— (i) section 8 .3(5); or (ii) the Public Sector Act 2022 , chapter 4 , part 2 ; and\n- (i) section 8 .3(5); or\n- (ii) the Public Sector Act 2022 , chapter 4 , part 2 ; and\n- (c) protective services officers and protective services officers (in training); and\n- (d) MRQ members; and\n- (e) SES members.\n- (i) section 8 .3(5); or\n- (ii) the Public Sector Act 2022 , chapter 4 , part 2 ; and","sortOrder":14},{"sectionNumber":"sec.2.5A","sectionType":"section","heading":"Officers etc. employed under this Act","content":"### sec.2.5A Officers etc. employed under this Act\n\nPolice officers, police recruits and special constables are employed under this Act and not the Public Sector Act 2022 .\ns 2.5A ins 1996 No. 37 s 147 sch 2\namd 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3\nsub 2023 No. 7 s 29\namd 2024 No. 18 s 39 sch 1","sortOrder":15},{"sectionNumber":"pt.3","sectionType":"part","heading":"Police officers’ powers and duties related to those of constable","content":"# Police officers’ powers and duties related to those of constable","sortOrder":16},{"sectionNumber":"sec.3.1","sectionType":"section","heading":"Meaning of officer in part","content":"### sec.3.1 Meaning of officer in part\n\nIn this part—\nofficer includes a special constable (associate).\ns 3.1 sub 1993 No. 77 s 2 sch 1\namd 2023 No. 10 s 32D","sortOrder":17},{"sectionNumber":"sec.3.2","sectionType":"section","heading":"Relation to office of constable","content":"### sec.3.2 Relation to office of constable\n\nSubject to section 2 .3AA where it applies, in performance of the duties of office, an officer is subject to the directions and orders of the commissioner and to the orders of any superior officer.\nA noncommissioned officer or a constable has and may exercise the powers, and has and is to perform the duties of a constable at common law or under any other Act or law.\nAn officer other than one referred to in subsection (2) has and may exercise the powers of a constable at common law or under any other Act or law.\nExcept as prescribed by this section and section 6 .4, this Act does not, in relation to any officer, derogate from the powers, obligations and liabilities of a constable at common law or under any other Act or law.\nThis section—\napplies to a special constable (State officer) subject to section 5 .16A(4); and\napplies to a special constable (associate) subject to section 5 .16B(1)(c).\ns 3.2 amd 2019 No. 32 s 32 sch 1 ; 2023 No. 10 s 32E\n(sec.3.2-ssec.1) Subject to section 2 .3AA where it applies, in performance of the duties of office, an officer is subject to the directions and orders of the commissioner and to the orders of any superior officer.\n(sec.3.2-ssec.2) A noncommissioned officer or a constable has and may exercise the powers, and has and is to perform the duties of a constable at common law or under any other Act or law.\n(sec.3.2-ssec.3) An officer other than one referred to in subsection (2) has and may exercise the powers of a constable at common law or under any other Act or law.\n(sec.3.2-ssec.4) Except as prescribed by this section and section 6 .4, this Act does not, in relation to any officer, derogate from the powers, obligations and liabilities of a constable at common law or under any other Act or law.\n(sec.3.2-ssec.5) This section— applies to a special constable (State officer) subject to section 5 .16A(4); and applies to a special constable (associate) subject to section 5 .16B(1)(c).\n- (a) applies to a special constable (State officer) subject to section 5 .16A(4); and\n- (b) applies to a special constable (associate) subject to section 5 .16B(1)(c).","sortOrder":18},{"sectionNumber":"sec.3.3","sectionType":"section","heading":"Oath of office","content":"### sec.3.3 Oath of office\n\nBefore a person begins to perform duty as an officer, the person is to take, or make, and subscribe the oath or affirmation prescribed by regulation.\ns 3.3 amd 1993 No. 77 s 2 sch 1","sortOrder":19},{"sectionNumber":"sec.3.4","sectionType":"section","heading":"Proof of office","content":"### sec.3.4 Proof of office\n\nIf a question arises as to a person’s identity as an officer, or to a person’s entitlement to exercise the powers or to perform the duties of an officer—\nthe general reputation of a person, who is an officer, as being an officer is evidence of that identity and entitlement; and\nthe absence of, or failure to produce, any written appointment or other documentary proof to establish that identity or entitlement does not prejudice or otherwise affect the exercise of the powers or the performance of the duties by a person who is an officer.\n- (a) the general reputation of a person, who is an officer, as being an officer is evidence of that identity and entitlement; and\n- (b) the absence of, or failure to produce, any written appointment or other documentary proof to establish that identity or entitlement does not prejudice or otherwise affect the exercise of the powers or the performance of the duties by a person who is an officer.","sortOrder":20},{"sectionNumber":"sec.3.5","sectionType":"section","heading":null,"content":"### Section sec.3.5\n\ns 3.5 om 2000 No. 5 s 461 sch 3","sortOrder":21},{"sectionNumber":"sec.3.6","sectionType":"section","heading":null,"content":"### Section sec.3.6\n\ns 3.6 sub 1993 No. 77 s 2 sch 1\nom 1997 No. 67 s 139 sch 2","sortOrder":22},{"sectionNumber":"sec.3.7","sectionType":"section","heading":"Termination of powers","content":"### sec.3.7 Termination of powers\n\nPowers had by a person as an officer terminate immediately on the person ceasing, by whatever means, to be an officer.","sortOrder":23},{"sectionNumber":"pt.4","sectionType":"part","heading":"Commissioner of the Queensland Police Service","content":"# Commissioner of the Queensland Police Service","sortOrder":24},{"sectionNumber":"sec.4.1","sectionType":"section","heading":"Establishment of office","content":"### sec.4.1 Establishment of office\n\nThere is hereby established the office of the commissioner of the police service.","sortOrder":25},{"sectionNumber":"sec.4.2","sectionType":"section","heading":"Appointment","content":"### sec.4.2 Appointment\n\nThe Governor in Council may, on a recommendation agreed to by the chairperson of the Crime and Corruption Commission, appoint an appropriate person as commissioner of the police service.\nThe appointment is to be made by gazette notice.\ns 4.2 sub 1993 No. 77 s 2 sch 1\namd 2001 No. 69 s 378 sch 1 ; 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1\n(sec.4.2-ssec.1) The Governor in Council may, on a recommendation agreed to by the chairperson of the Crime and Corruption Commission, appoint an appropriate person as commissioner of the police service.\n(sec.4.2-ssec.2) The appointment is to be made by gazette notice.","sortOrder":26},{"sectionNumber":"sec.4.3","sectionType":"section","heading":"Conditions of appointment","content":"### sec.4.3 Conditions of appointment\n\nThe conditions on which an appointment as commissioner is held—\nare such as are for the time being agreed by the Minister and the chairperson of the Crime and Corruption Commission, approved by the Governor in Council, and accepted by the person who is to be, or is, the commissioner; and\nare to be governed by a contract of employment made, or taken to be made, between the Crown and the commissioner; and\nare not subject to any industrial instrument or any determination or rule of an industrial authority.\nIf an offer of a contract of employment as commissioner on conditions in writing agreed to by the chairperson of the Crime and Corruption Commission and approved by the Governor in Council in relation to the appointment, is made to a person before that person’s appointment as commissioner, the person, on accepting appointment as commissioner, is taken to have made with the Crown (and the Crown is taken to have made with the appointee) a contract of employment that accords with the contract last offered to the person before the appointment was made.\ns 4.3 amd 1993 No. 77 s 2 sch 1 ; 2001 No. 69 s 378 sch 1 ; 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1 ; 2016 No. 63 s 1157 sch 6\n(sec.4.3-ssec.1) The conditions on which an appointment as commissioner is held— are such as are for the time being agreed by the Minister and the chairperson of the Crime and Corruption Commission, approved by the Governor in Council, and accepted by the person who is to be, or is, the commissioner; and are to be governed by a contract of employment made, or taken to be made, between the Crown and the commissioner; and are not subject to any industrial instrument or any determination or rule of an industrial authority.\n(sec.4.3-ssec.2) If an offer of a contract of employment as commissioner on conditions in writing agreed to by the chairperson of the Crime and Corruption Commission and approved by the Governor in Council in relation to the appointment, is made to a person before that person’s appointment as commissioner, the person, on accepting appointment as commissioner, is taken to have made with the Crown (and the Crown is taken to have made with the appointee) a contract of employment that accords with the contract last offered to the person before the appointment was made.\n- (a) are such as are for the time being agreed by the Minister and the chairperson of the Crime and Corruption Commission, approved by the Governor in Council, and accepted by the person who is to be, or is, the commissioner; and\n- (b) are to be governed by a contract of employment made, or taken to be made, between the Crown and the commissioner; and\n- (c) are not subject to any industrial instrument or any determination or rule of an industrial authority.","sortOrder":27},{"sectionNumber":"sec.4.4","sectionType":"section","heading":"Term of appointment","content":"### sec.4.4 Term of appointment\n\nThe commissioner is to be appointed for a term not less than 3 years or more than 5 years.\ns 4.4 sub 1993 No. 77 s 2 sch 1","sortOrder":28},{"sectionNumber":"sec.4.5","sectionType":"section","heading":"Removal and suspension of commissioner","content":"### sec.4.5 Removal and suspension of commissioner\n\nThe office of the commissioner becomes vacant if the commissioner—\ndies; or\nresigns the office by writing signed by the commissioner and accepted by the Governor in Council; or\nis removed from office in accordance with this section.\nThe commissioner may be removed from office pursuant to the contract that governs the commissioner’s employment or if the commissioner has breached the contract of employment.\nAdditional grounds on which the commissioner may be removed from office are the following—\nincapacity, because of physical or mental infirmity, to properly perform the duties of office, or other unfitness to hold office;\nincompetence in performing, or neglect of the duties of office;\na finding by QCAT of corrupt conduct being proved against the commissioner if QCAT orders the commissioner’s dismissal;\nconviction in the State of an indictable offence (whether on indictment or summarily);\nimprisonment for any offence.\nIf 1 or more of the grounds prescribed by subsection (3) exists, the commissioner may be removed from office by—\nthe Governor in Council, on a recommendation in which the chairperson of the Crime and Corruption Commission concurs; or\nin default of exercise of the authority conferred by paragraph (a) , the Governor, on an address from the Legislative Assembly praying for the commissioner’s removal from office.\nIf satisfied that 1 or more of the grounds prescribed by subsection (3) exists, or that the commissioner is charged with corrupt conduct or an offence referred to in subsection (3) (d) , the Governor in Council may suspend the commissioner from office.\nIf the commissioner is suspended from office, the commissioner is entitled to be reinstated in office, unless, upon action taken forthwith following the suspension and pursued diligently to its conclusion, the commissioner is removed from office in accordance with subsection (4) .\ns 4.5 amd 1993 No. 77 s 2 sch 1 ; 1997 No. 59 s 48 sch 1 ; 2001 No. 69 s 378 sch 1 ; 2009 No. 24 s 1604 ; 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1\n(sec.4.5-ssec.1) The office of the commissioner becomes vacant if the commissioner— dies; or resigns the office by writing signed by the commissioner and accepted by the Governor in Council; or is removed from office in accordance with this section.\n(sec.4.5-ssec.2) The commissioner may be removed from office pursuant to the contract that governs the commissioner’s employment or if the commissioner has breached the contract of employment.\n(sec.4.5-ssec.3) Additional grounds on which the commissioner may be removed from office are the following— incapacity, because of physical or mental infirmity, to properly perform the duties of office, or other unfitness to hold office; incompetence in performing, or neglect of the duties of office; a finding by QCAT of corrupt conduct being proved against the commissioner if QCAT orders the commissioner’s dismissal; conviction in the State of an indictable offence (whether on indictment or summarily); imprisonment for any offence.\n(sec.4.5-ssec.4) If 1 or more of the grounds prescribed by subsection (3) exists, the commissioner may be removed from office by— the Governor in Council, on a recommendation in which the chairperson of the Crime and Corruption Commission concurs; or in default of exercise of the authority conferred by paragraph (a) , the Governor, on an address from the Legislative Assembly praying for the commissioner’s removal from office.\n(sec.4.5-ssec.5) If satisfied that 1 or more of the grounds prescribed by subsection (3) exists, or that the commissioner is charged with corrupt conduct or an offence referred to in subsection (3) (d) , the Governor in Council may suspend the commissioner from office.\n(sec.4.5-ssec.6) If the commissioner is suspended from office, the commissioner is entitled to be reinstated in office, unless, upon action taken forthwith following the suspension and pursued diligently to its conclusion, the commissioner is removed from office in accordance with subsection (4) .\n- (a) dies; or\n- (b) resigns the office by writing signed by the commissioner and accepted by the Governor in Council; or\n- (c) is removed from office in accordance with this section.\n- (a) incapacity, because of physical or mental infirmity, to properly perform the duties of office, or other unfitness to hold office;\n- (b) incompetence in performing, or neglect of the duties of office;\n- (c) a finding by QCAT of corrupt conduct being proved against the commissioner if QCAT orders the commissioner’s dismissal;\n- (d) conviction in the State of an indictable offence (whether on indictment or summarily);\n- (e) imprisonment for any offence.\n- (a) the Governor in Council, on a recommendation in which the chairperson of the Crime and Corruption Commission concurs; or\n- (b) in default of exercise of the authority conferred by paragraph (a) , the Governor, on an address from the Legislative Assembly praying for the commissioner’s removal from office.","sortOrder":29},{"sectionNumber":"sec.4.6","sectionType":"section","heading":"Communications between Minister and commissioner","content":"### sec.4.6 Communications between Minister and commissioner\n\nThe commissioner—\nis to furnish to the Minister reports and recommendations in relation to the administration and functioning of the police service, when required by the Minister to do so; and\nmay at any time furnish to the Minister such reports and recommendations as the commissioner thinks fit with a view to the efficient and proper administration, management and functioning of the police service.\nThe Minister, having regard to advice of the commissioner first obtained, may give, in writing, directions to the commissioner concerning—\nthe overall administration, management, and superintendence of, or in the police service; and\npolicy and priorities to be pursued in performing the functions of the police service; and\nthe number and deployment of officers and staff members and the number and location of police establishments and police stations.\nThe commissioner is to comply with all directions duly given under subsection (2) .\n(sec.4.6-ssec.1) The commissioner— is to furnish to the Minister reports and recommendations in relation to the administration and functioning of the police service, when required by the Minister to do so; and may at any time furnish to the Minister such reports and recommendations as the commissioner thinks fit with a view to the efficient and proper administration, management and functioning of the police service.\n(sec.4.6-ssec.2) The Minister, having regard to advice of the commissioner first obtained, may give, in writing, directions to the commissioner concerning— the overall administration, management, and superintendence of, or in the police service; and policy and priorities to be pursued in performing the functions of the police service; and the number and deployment of officers and staff members and the number and location of police establishments and police stations.\n(sec.4.6-ssec.3) The commissioner is to comply with all directions duly given under subsection (2) .\n- (a) is to furnish to the Minister reports and recommendations in relation to the administration and functioning of the police service, when required by the Minister to do so; and\n- (b) may at any time furnish to the Minister such reports and recommendations as the commissioner thinks fit with a view to the efficient and proper administration, management and functioning of the police service.\n- (a) the overall administration, management, and superintendence of, or in the police service; and\n- (b) policy and priorities to be pursued in performing the functions of the police service; and\n- (c) the number and deployment of officers and staff members and the number and location of police establishments and police stations.","sortOrder":30},{"sectionNumber":"sec.4.7","sectionType":"section","heading":"Recording and publication of communications","content":"### sec.4.7 Recording and publication of communications\n\nThe commissioner is to keep a register in which are to be recorded—\nall reports and recommendations made to the Minister under section 4 .6(1)(a); and\nall directions given in writing to the commissioner under section 4 .6(2); and\nall reasons tabled by the Minister under the Crime and Corruption Act 2001 , section 64 .\nWithin 28 days following 31 December in each year, the commissioner is to have prepared a copy of the register, which copy, being certified by the commissioner as a true copy of the register, is to be furnished forthwith to the chairperson of the Crime and Corruption Commission, with or without comment of the commissioner.\nWithin 28 days following receipt of the certified copy of the register, the chairperson is to give the copy together with comments of the commissioner relating thereto, and with or without further comment of the chairperson, to the chairperson of the Parliamentary Crime and Corruption Committee of the Legislative Assembly.\nThe chairperson of the Parliamentary Crime and Corruption Committee of the Legislative Assembly is to table in the Legislative Assembly—\nthe certified copy of the register; and\nall comment relating thereto;\nwithin 14 sitting days after the chairperson’s receipt thereof.\ns 4.7 amd 1993 No. 77 s 2 sch 1 ; 2001 No. 69 s 378 sch 1 ; 2014 No. 21 s 94 (2) sch 2 ; 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1\n(sec.4.7-ssec.1) The commissioner is to keep a register in which are to be recorded— all reports and recommendations made to the Minister under section 4 .6(1)(a); and all directions given in writing to the commissioner under section 4 .6(2); and all reasons tabled by the Minister under the Crime and Corruption Act 2001 , section 64 .\n(sec.4.7-ssec.2) Within 28 days following 31 December in each year, the commissioner is to have prepared a copy of the register, which copy, being certified by the commissioner as a true copy of the register, is to be furnished forthwith to the chairperson of the Crime and Corruption Commission, with or without comment of the commissioner.\n(sec.4.7-ssec.3) Within 28 days following receipt of the certified copy of the register, the chairperson is to give the copy together with comments of the commissioner relating thereto, and with or without further comment of the chairperson, to the chairperson of the Parliamentary Crime and Corruption Committee of the Legislative Assembly.\n(sec.4.7-ssec.4) The chairperson of the Parliamentary Crime and Corruption Committee of the Legislative Assembly is to table in the Legislative Assembly— the certified copy of the register; and all comment relating thereto; within 14 sitting days after the chairperson’s receipt thereof.\n- (a) all reports and recommendations made to the Minister under section 4 .6(1)(a); and\n- (b) all directions given in writing to the commissioner under section 4 .6(2); and\n- (c) all reasons tabled by the Minister under the Crime and Corruption Act 2001 , section 64 .\n- (a) the certified copy of the register; and\n- (b) all comment relating thereto;","sortOrder":31},{"sectionNumber":"sec.4.8","sectionType":"section","heading":"Commissioner’s responsibility","content":"### sec.4.8 Commissioner’s responsibility\n\nThe commissioner is responsible for—\nthe efficient and proper administration, management and functioning of the police service in accordance with law; and\nwithout limiting paragraph (a) , the efficient and proper administration, management and functioning of—\nMarine Rescue Queensland under the Marine Rescue Queensland Act 2024 ; and\nthe State Emergency Service under the State Emergency Service Act 2024 .\nWithout limiting subsection (1) , a regulation may prescribe—\nparticular matters within the scope of the prescribed responsibility; or\nadditional responsibilities of the commissioner.\nThe commissioner is authorised to do, or cause to be done, all such lawful acts and things as the commissioner considers to be necessary or convenient for the efficient and proper discharge of the prescribed responsibility.\nIn discharging the prescribed responsibility, the commissioner—\nis to comply with all relevant industrial instruments and determinations and rules made by an industrial authority; and\nsubject to this Act, is to ensure compliance with the requirements of all Acts and laws binding on members of the police service, and directions of the commissioner; and\nis to have regard to section 4 .6 and ministerial directions duly given thereunder; and\nis to discharge the responsibility in relation to such matters as are prescribed for the time being.\ns 4.8 amd 1993 No. 77 s 2 sch 1 ; 1998 No. 19 s 5 ; 2010 No. 26 s 110 ; 2014 No. 17 s 117 ; 2016 No. 63 s 1157 sch 6 ; 2024 No. 18 s 24\n(sec.4.8-ssec.1) The commissioner is responsible for— the efficient and proper administration, management and functioning of the police service in accordance with law; and without limiting paragraph (a) , the efficient and proper administration, management and functioning of— Marine Rescue Queensland under the Marine Rescue Queensland Act 2024 ; and the State Emergency Service under the State Emergency Service Act 2024 .\n(sec.4.8-ssec.2) Without limiting subsection (1) , a regulation may prescribe— particular matters within the scope of the prescribed responsibility; or additional responsibilities of the commissioner.\n(sec.4.8-ssec.3) The commissioner is authorised to do, or cause to be done, all such lawful acts and things as the commissioner considers to be necessary or convenient for the efficient and proper discharge of the prescribed responsibility.\n(sec.4.8-ssec.4) In discharging the prescribed responsibility, the commissioner— is to comply with all relevant industrial instruments and determinations and rules made by an industrial authority; and subject to this Act, is to ensure compliance with the requirements of all Acts and laws binding on members of the police service, and directions of the commissioner; and is to have regard to section 4 .6 and ministerial directions duly given thereunder; and is to discharge the responsibility in relation to such matters as are prescribed for the time being.\n- (a) the efficient and proper administration, management and functioning of the police service in accordance with law; and\n- (b) without limiting paragraph (a) , the efficient and proper administration, management and functioning of— (i) Marine Rescue Queensland under the Marine Rescue Queensland Act 2024 ; and (ii) the State Emergency Service under the State Emergency Service Act 2024 .\n- (i) Marine Rescue Queensland under the Marine Rescue Queensland Act 2024 ; and\n- (ii) the State Emergency Service under the State Emergency Service Act 2024 .\n- (i) Marine Rescue Queensland under the Marine Rescue Queensland Act 2024 ; and\n- (ii) the State Emergency Service under the State Emergency Service Act 2024 .\n- (a) particular matters within the scope of the prescribed responsibility; or\n- (b) additional responsibilities of the commissioner.\n- (a) is to comply with all relevant industrial instruments and determinations and rules made by an industrial authority; and\n- (b) subject to this Act, is to ensure compliance with the requirements of all Acts and laws binding on members of the police service, and directions of the commissioner; and\n- (c) is to have regard to section 4 .6 and ministerial directions duly given thereunder; and\n- (d) is to discharge the responsibility in relation to such matters as are prescribed for the time being.","sortOrder":32},{"sectionNumber":"sec.4.9","sectionType":"section","heading":"Commissioner’s directions","content":"### sec.4.9 Commissioner’s directions\n\nIn discharging the prescribed responsibility, the commissioner may give, and cause to be issued, to officers, staff members or police recruits, such directions, written or oral, general or particular as the commissioner considers necessary or convenient for the efficient and proper functioning of the police service.\nA direction of the commissioner is of no effect to the extent that it is inconsistent with this Act.\nSubject to subsection (2) , every officer or staff member to whom a direction of the commissioner is addressed is to comply in all respects with the direction.\nA direction issued under subsection (1) to officers about functions, powers or responsibilities that are also functions, powers or responsibilities of watch-house officers is taken to be also issued to watch-house officers.\nIn all proceedings—\na document purporting to be certified by the commissioner to be a true copy of a direction under subsection (1) is admissible as evidence of the direction; and\na direction under subsection (1) is to be taken as effectual until the contrary is proved.\ns 4.9 amd 1993 No. 77 s 2 sch 1 ; 2006 No. 26 s 113 ; 2023 No. 7 s 68 s ch 1 pt 1\n(sec.4.9-ssec.1) In discharging the prescribed responsibility, the commissioner may give, and cause to be issued, to officers, staff members or police recruits, such directions, written or oral, general or particular as the commissioner considers necessary or convenient for the efficient and proper functioning of the police service.\n(sec.4.9-ssec.2) A direction of the commissioner is of no effect to the extent that it is inconsistent with this Act.\n(sec.4.9-ssec.3) Subject to subsection (2) , every officer or staff member to whom a direction of the commissioner is addressed is to comply in all respects with the direction.\n(sec.4.9-ssec.4) A direction issued under subsection (1) to officers about functions, powers or responsibilities that are also functions, powers or responsibilities of watch-house officers is taken to be also issued to watch-house officers.\n(sec.4.9-ssec.5) In all proceedings— a document purporting to be certified by the commissioner to be a true copy of a direction under subsection (1) is admissible as evidence of the direction; and a direction under subsection (1) is to be taken as effectual until the contrary is proved.\n- (a) a document purporting to be certified by the commissioner to be a true copy of a direction under subsection (1) is admissible as evidence of the direction; and\n- (b) a direction under subsection (1) is to be taken as effectual until the contrary is proved.","sortOrder":33},{"sectionNumber":"sec.4.10","sectionType":"section","heading":"Delegation","content":"### sec.4.10 Delegation\n\nThe commissioner may delegate powers of the commissioner under this Act or any other Act to any of the following—\na police officer;\na staff member;\nthe Inspector-General of Emergency Management under the Disaster Management Act 2003 ;\nthe commissioner under the Fire Services Act 1990 ;\nan appropriately qualified person employed in—\nthe Office of the Inspector-General of Emergency Management under the Disaster Management Act 2003 ; or\nQueensland Fire and Rescue or Rural Fire Service Queensland under the Fire Services Act 1990 .\nWithout limiting subsection (1) , the commissioner may also, under subsection (1) , delegate powers of the commissioner to discharge the prescribed responsibility.\nA delegation of a power of the commissioner may permit the subdelegation of the power to another person mentioned in subsection (1) .\nProof of a delegation by the commissioner under subsection (1) is not required in a proceeding unless the defendant gives the entity responsible for prosecuting the proceeding a notice of intention to challenge the delegation at least 10 business days before the hearing date.\nThe notice must be in the approved form.\nSee the Weapons Act 1990 , section 141ZV for limitations on the delegation of powers under section 141G of that Act.\ns 4.10 sub 1993 No. 77 s 2 sch 1\namd 2014 No. 17 s 118 ; 2016 No. 43 s 23 ; 2018 No. 20 s 53 ; 2021 No. 12 s 181 ; 2024 No. 22 s 92 sch 1 ; 2024 No. 45 s 134 sch 1\n(sec.4.10-ssec.1) The commissioner may delegate powers of the commissioner under this Act or any other Act to any of the following— a police officer; a staff member; the Inspector-General of Emergency Management under the Disaster Management Act 2003 ; the commissioner under the Fire Services Act 1990 ; an appropriately qualified person employed in— the Office of the Inspector-General of Emergency Management under the Disaster Management Act 2003 ; or Queensland Fire and Rescue or Rural Fire Service Queensland under the Fire Services Act 1990 .\n(sec.4.10-ssec.2) Without limiting subsection (1) , the commissioner may also, under subsection (1) , delegate powers of the commissioner to discharge the prescribed responsibility.\n(sec.4.10-ssec.3) A delegation of a power of the commissioner may permit the subdelegation of the power to another person mentioned in subsection (1) .\n(sec.4.10-ssec.4) Proof of a delegation by the commissioner under subsection (1) is not required in a proceeding unless the defendant gives the entity responsible for prosecuting the proceeding a notice of intention to challenge the delegation at least 10 business days before the hearing date.\n(sec.4.10-ssec.5) The notice must be in the approved form.\n- (a) a police officer;\n- (b) a staff member;\n- (c) the Inspector-General of Emergency Management under the Disaster Management Act 2003 ;\n- (d) the commissioner under the Fire Services Act 1990 ;\n- (e) an appropriately qualified person employed in— (i) the Office of the Inspector-General of Emergency Management under the Disaster Management Act 2003 ; or (ii) Queensland Fire and Rescue or Rural Fire Service Queensland under the Fire Services Act 1990 .\n- (i) the Office of the Inspector-General of Emergency Management under the Disaster Management Act 2003 ; or\n- (ii) Queensland Fire and Rescue or Rural Fire Service Queensland under the Fire Services Act 1990 .\n- (i) the Office of the Inspector-General of Emergency Management under the Disaster Management Act 2003 ; or\n- (ii) Queensland Fire and Rescue or Rural Fire Service Queensland under the Fire Services Act 1990 .","sortOrder":34},{"sectionNumber":"sec.4.11","sectionType":"section","heading":"Acting as commissioner","content":"### sec.4.11 Acting as commissioner\n\nThe Minister may appoint an appropriate person to act as commissioner—\nwhenever there is a vacancy in the office of commissioner; or\nduring a period when the commissioner is suspended from office or can not perform the duties of office because of physical or mental incapacity.\nThe commissioner may appoint an appropriate person to act as commissioner during another period when the commissioner is absent from duty or can not perform the duties of the office.\nThe remuneration payable to a person who acts as commissioner must not be more than the remuneration payable to the commissioner.\ns 4.11 sub 1993 No. 77 s 2 sch 1\n(sec.4.11-ssec.1) The Minister may appoint an appropriate person to act as commissioner— whenever there is a vacancy in the office of commissioner; or during a period when the commissioner is suspended from office or can not perform the duties of office because of physical or mental incapacity.\n(sec.4.11-ssec.2) The commissioner may appoint an appropriate person to act as commissioner during another period when the commissioner is absent from duty or can not perform the duties of the office.\n(sec.4.11-ssec.3) The remuneration payable to a person who acts as commissioner must not be more than the remuneration payable to the commissioner.\n- (a) whenever there is a vacancy in the office of commissioner; or\n- (b) during a period when the commissioner is suspended from office or can not perform the duties of office because of physical or mental incapacity.","sortOrder":35},{"sectionNumber":"sec.4.12","sectionType":"section","heading":"Commissioner’s official seal","content":"### sec.4.12 Commissioner’s official seal\n\nThe commissioner has an official seal.\nAll courts and persons acting judicially are to take judicial notice of the following—\nthe signature of the commissioner or any person who at any time was the commissioner;\nthe fact that the commissioner has, or any such person had, an official seal;\nthe official seal of the commissioner or any such person;\nif the signature or seal appears on a document made for the purposes of judicial proceedings or on a document purporting, or seeming, to have been made for the purposes of this Act.\n(sec.4.12-ssec.1) The commissioner has an official seal.\n(sec.4.12-ssec.2) All courts and persons acting judicially are to take judicial notice of the following— the signature of the commissioner or any person who at any time was the commissioner; the fact that the commissioner has, or any such person had, an official seal; the official seal of the commissioner or any such person; if the signature or seal appears on a document made for the purposes of judicial proceedings or on a document purporting, or seeming, to have been made for the purposes of this Act.\n- (a) the signature of the commissioner or any person who at any time was the commissioner;\n- (b) the fact that the commissioner has, or any such person had, an official seal;\n- (c) the official seal of the commissioner or any such person;","sortOrder":36},{"sectionNumber":"pt.5","sectionType":"part","heading":"Appointment of personnel","content":"# Appointment of personnel","sortOrder":37},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Officers and other police personnel","content":"## Officers and other police personnel","sortOrder":38},{"sectionNumber":"sec.5.1","sectionType":"section","heading":"Ranks","content":"### sec.5.1 Ranks\n\nThe ranks of officers are the ranks declared by regulation.\ns 5.1 ins 2022 No. 9 s 35","sortOrder":39},{"sectionNumber":"sec.5.2","sectionType":"section","heading":"Appointment to be on merit on impartial procedures","content":"### sec.5.2 Appointment to be on merit on impartial procedures\n\nIn this section—\ntransfer of a police officer to a position means the appointment of a police officer to a position in which the police officer will hold the same rank and be entitled to at least the same level of salary.\nA decision to appoint a person, other than an executive officer, as a police recruit or to a police officer position, or to appoint an executive officer to a police officer position or rank, must be made by fair and equitable procedures that—\ninclude inviting applications and selection on the basis of the merit of applicants; and\nprevent unjust discrimination, whether in favour of or against a person.\nHowever, if a decision is made to transfer a police officer on a basis prescribed by regulation, the decision need not involve the procedures mentioned in subsection (2) (a) .\nWritten notice to a police officer of a transfer because of a decision under subsection (3) must specify the prescribed basis used for the transfer.\nFor the purposes of this section merit of an officer comprises—\nthe integrity, diligence and good conduct of the officer; and\nthe potential of the officer to discharge the duties of the position or rank in question; and\nthe industry shown by the officer in performance of the duties of office in the course of the officer’s career; and\nthe physical and mental fitness of the officer to perform the duties of the position or rank in question.\nFor the purpose of determining the potential of an officer to discharge the duties of a position or rank the following factors must be taken into account—\nthe performance of duties of office in the course of the officer’s career;\nthe range of practical experience of the officer in the service or outside the service;\nthe ability, aptitude, skill, knowledge and experience determined by the commissioner to be necessary for the proper performance of the duties of the position or rank in question;\nany relevant academic, professional or trade qualifications of the officer.\ns 5.2 amd 1993 No. 77 s 3 ; 2023 No. 11 s 30\n(sec.5.2-ssec.1) In this section— transfer of a police officer to a position means the appointment of a police officer to a position in which the police officer will hold the same rank and be entitled to at least the same level of salary.\n(sec.5.2-ssec.2) A decision to appoint a person, other than an executive officer, as a police recruit or to a police officer position, or to appoint an executive officer to a police officer position or rank, must be made by fair and equitable procedures that— include inviting applications and selection on the basis of the merit of applicants; and prevent unjust discrimination, whether in favour of or against a person.\n(sec.5.2-ssec.3) However, if a decision is made to transfer a police officer on a basis prescribed by regulation, the decision need not involve the procedures mentioned in subsection (2) (a) .\n(sec.5.2-ssec.4) Written notice to a police officer of a transfer because of a decision under subsection (3) must specify the prescribed basis used for the transfer.\n(sec.5.2-ssec.5) For the purposes of this section merit of an officer comprises— the integrity, diligence and good conduct of the officer; and the potential of the officer to discharge the duties of the position or rank in question; and the industry shown by the officer in performance of the duties of office in the course of the officer’s career; and the physical and mental fitness of the officer to perform the duties of the position or rank in question.\n(sec.5.2-ssec.6) For the purpose of determining the potential of an officer to discharge the duties of a position or rank the following factors must be taken into account— the performance of duties of office in the course of the officer’s career; the range of practical experience of the officer in the service or outside the service; the ability, aptitude, skill, knowledge and experience determined by the commissioner to be necessary for the proper performance of the duties of the position or rank in question; any relevant academic, professional or trade qualifications of the officer.\n- (a) include inviting applications and selection on the basis of the merit of applicants; and\n- (b) prevent unjust discrimination, whether in favour of or against a person.\n- (a) the integrity, diligence and good conduct of the officer; and\n- (b) the potential of the officer to discharge the duties of the position or rank in question; and\n- (c) the industry shown by the officer in performance of the duties of office in the course of the officer’s career; and\n- (d) the physical and mental fitness of the officer to perform the duties of the position or rank in question.\n- (a) the performance of duties of office in the course of the officer’s career;\n- (b) the range of practical experience of the officer in the service or outside the service;\n- (c) the ability, aptitude, skill, knowledge and experience determined by the commissioner to be necessary for the proper performance of the duties of the position or rank in question;\n- (d) any relevant academic, professional or trade qualifications of the officer.","sortOrder":40},{"sectionNumber":"sec.5.3","sectionType":"section","heading":"Executive officers","content":"### sec.5.3 Executive officers\n\nThe Governor in Council may appoint as executive officers such persons as are recommended by the commissioner for appointment.\nThe number of positions as executive officer is to be such as is, for the time being, necessary for the effectual administration of this Act and the efficient and proper discharge of the prescribed responsibility and is recommended by the commissioner.\n(sec.5.3-ssec.1) The Governor in Council may appoint as executive officers such persons as are recommended by the commissioner for appointment.\n(sec.5.3-ssec.2) The number of positions as executive officer is to be such as is, for the time being, necessary for the effectual administration of this Act and the efficient and proper discharge of the prescribed responsibility and is recommended by the commissioner.","sortOrder":41},{"sectionNumber":"sec.5.4","sectionType":"section","heading":"Conditions of employment","content":"### sec.5.4 Conditions of employment\n\nAn appointment to a position as executive officer, including by way of promotion, is to be on the basis of full-time employment.\nThe conditions on which an appointment as executive officer is held—\nare such as are for the time being approved by the commissioner and accepted by the person who is, or is to be, the executive officer; and\nare to be governed by a contract of employment made, or taken to be made, between the Crown and the executive officer; and\nare not subject to any industrial instrument or any determination or rule of an industrial authority.\nIf an offer of a contract of employment as an executive officer, on conditions in writing approved by the commissioner in relation to the appointment, is made to a person before that person’s appointment as executive officer, the person, on accepting appointment as executive officer, is taken to have made with the Crown (and the Crown is taken to have made with the appointee) a contract of employment that accords with the contract last offered to the person before the appointment was made.\ns 5.4 amd 1993 No. 77 s 2 sch 1 ; 2016 No. 63 s 1157 sch 6\n(sec.5.4-ssec.1) An appointment to a position as executive officer, including by way of promotion, is to be on the basis of full-time employment.\n(sec.5.4-ssec.2) The conditions on which an appointment as executive officer is held— are such as are for the time being approved by the commissioner and accepted by the person who is, or is to be, the executive officer; and are to be governed by a contract of employment made, or taken to be made, between the Crown and the executive officer; and are not subject to any industrial instrument or any determination or rule of an industrial authority.\n(sec.5.4-ssec.3) If an offer of a contract of employment as an executive officer, on conditions in writing approved by the commissioner in relation to the appointment, is made to a person before that person’s appointment as executive officer, the person, on accepting appointment as executive officer, is taken to have made with the Crown (and the Crown is taken to have made with the appointee) a contract of employment that accords with the contract last offered to the person before the appointment was made.\n- (a) are such as are for the time being approved by the commissioner and accepted by the person who is, or is to be, the executive officer; and\n- (b) are to be governed by a contract of employment made, or taken to be made, between the Crown and the executive officer; and\n- (c) are not subject to any industrial instrument or any determination or rule of an industrial authority.","sortOrder":42},{"sectionNumber":"sec.5.5","sectionType":"section","heading":"Acting as executive officer","content":"### sec.5.5 Acting as executive officer\n\nThe commissioner may appoint an appropriate person to act as executive officer during—\nany vacancy, or all vacancies, in the office of executive officer; or\nany period, or all periods, when the executive officer is absent from duty or, for another reason, can not perform the duties of the office.\nThe remuneration payable to a person who acts as an executive officer must not be more than the remuneration payable to the executive officer.\ns 5.5 sub 1993 No. 77 s 2 sch 1\n(sec.5.5-ssec.1) The commissioner may appoint an appropriate person to act as executive officer during— any vacancy, or all vacancies, in the office of executive officer; or any period, or all periods, when the executive officer is absent from duty or, for another reason, can not perform the duties of the office.\n(sec.5.5-ssec.2) The remuneration payable to a person who acts as an executive officer must not be more than the remuneration payable to the executive officer.\n- (a) any vacancy, or all vacancies, in the office of executive officer; or\n- (b) any period, or all periods, when the executive officer is absent from duty or, for another reason, can not perform the duties of the office.","sortOrder":43},{"sectionNumber":"sec.5.6","sectionType":"section","heading":"Other appointments","content":"### sec.5.6 Other appointments\n\nThe commissioner may appoint such number of persons to be commissioned officers, noncommissioned officers, constables or police recruits as is necessary for the effectual administration of this Act and the efficient and proper discharge of the prescribed responsibility.","sortOrder":44},{"sectionNumber":"sec.5.7","sectionType":"section","heading":"Conditions of employment of commissioned officers","content":"### sec.5.7 Conditions of employment of commissioned officers\n\nAppointment to a position as a commissioned officer, including by way of promotion—\nif the position is prescribed as one open to appointment on a part-time basis—may be on the basis of part-time employment; or\nin the case of any other position—is to be on the basis of full-time employment.\nA person—\nis to be appointed to, and employed in, a position as a commissioned officer on salary upon a tenure not limited by time, if the position is not one referred to in paragraph (b) or (c) ;\nif a position of commissioned officer is prescribed as one open to appointment upon a limited duration of tenure—may be appointed to and employed in the position upon a limited duration of tenure;\nif a position of commissioned officer is prescribed as one open to appointment on a contract basis—may be appointed to and employed in the position on a contract basis—\nupon a tenure not limited by time; or\nfor a limited duration of tenure.\nThe conditions of employment from time to time of a commissioned officer duly appointed on a contract basis—\nare such as are for the time being approved by the commissioner and accepted by the person who is, or is to be, the commissioned officer; and\nare to be governed by a contract of employment made, or taken to be made, between the Crown and the commissioned officer; and\nare not subject to any industrial instrument or any determination or rule of an industrial authority.\nIf an offer of a contract of employment as a commissioned officer, on conditions in writing approved by the commissioner in relation to the appointment, is made to a person before that person’s appointment as commissioned officer, the person, on accepting appointment as commissioned officer, is taken to have made with the Crown (and the Crown is taken to have made with the appointee) a contract of employment that accords with the contract last offered to the person before the appointment was made.\ns 5.7 amd 1992 No. 36 s 2 sch 1 ; 1993 No. 77 s 2 sch 1 ; 2016 No. 63 s 1157 sch 6 ; 2023 No. 7 s 68 s ch 1 pt 1\n(sec.5.7-ssec.1) Appointment to a position as a commissioned officer, including by way of promotion— if the position is prescribed as one open to appointment on a part-time basis—may be on the basis of part-time employment; or in the case of any other position—is to be on the basis of full-time employment.\n(sec.5.7-ssec.2) A person— is to be appointed to, and employed in, a position as a commissioned officer on salary upon a tenure not limited by time, if the position is not one referred to in paragraph (b) or (c) ; if a position of commissioned officer is prescribed as one open to appointment upon a limited duration of tenure—may be appointed to and employed in the position upon a limited duration of tenure; if a position of commissioned officer is prescribed as one open to appointment on a contract basis—may be appointed to and employed in the position on a contract basis— upon a tenure not limited by time; or for a limited duration of tenure.\n(sec.5.7-ssec.3) The conditions of employment from time to time of a commissioned officer duly appointed on a contract basis— are such as are for the time being approved by the commissioner and accepted by the person who is, or is to be, the commissioned officer; and are to be governed by a contract of employment made, or taken to be made, between the Crown and the commissioned officer; and are not subject to any industrial instrument or any determination or rule of an industrial authority.\n(sec.5.7-ssec.4) If an offer of a contract of employment as a commissioned officer, on conditions in writing approved by the commissioner in relation to the appointment, is made to a person before that person’s appointment as commissioned officer, the person, on accepting appointment as commissioned officer, is taken to have made with the Crown (and the Crown is taken to have made with the appointee) a contract of employment that accords with the contract last offered to the person before the appointment was made.\n- (a) if the position is prescribed as one open to appointment on a part-time basis—may be on the basis of part-time employment; or\n- (b) in the case of any other position—is to be on the basis of full-time employment.\n- (a) is to be appointed to, and employed in, a position as a commissioned officer on salary upon a tenure not limited by time, if the position is not one referred to in paragraph (b) or (c) ;\n- (b) if a position of commissioned officer is prescribed as one open to appointment upon a limited duration of tenure—may be appointed to and employed in the position upon a limited duration of tenure;\n- (c) if a position of commissioned officer is prescribed as one open to appointment on a contract basis—may be appointed to and employed in the position on a contract basis— (i) upon a tenure not limited by time; or (ii) for a limited duration of tenure.\n- (i) upon a tenure not limited by time; or\n- (ii) for a limited duration of tenure.\n- (i) upon a tenure not limited by time; or\n- (ii) for a limited duration of tenure.\n- (a) are such as are for the time being approved by the commissioner and accepted by the person who is, or is to be, the commissioned officer; and\n- (b) are to be governed by a contract of employment made, or taken to be made, between the Crown and the commissioned officer; and\n- (c) are not subject to any industrial instrument or any determination or rule of an industrial authority.","sortOrder":45},{"sectionNumber":"sec.5.8","sectionType":"section","heading":"Acting as commissioned officer","content":"### sec.5.8 Acting as commissioned officer\n\nThe commissioner may appoint an appropriate person to act as a commissioned officer during—\nany vacancy, or all vacancies, in the office of commissioned officer; or\nany period, or all periods, when a commissioned officer is absent from duty or, for another reason, can not perform the duties of the office.\nThe remuneration payable to a person who acts as a commissioned officer must not be more than the remuneration payable to a person appointed to the office.\nWhile a person acts as a commissioned officer, the person is relieved of the duties of a constable at common law or under any Act or law.\ns 5.8 sub 1993 No. 77 s 2 sch 1\n(sec.5.8-ssec.1) The commissioner may appoint an appropriate person to act as a commissioned officer during— any vacancy, or all vacancies, in the office of commissioned officer; or any period, or all periods, when a commissioned officer is absent from duty or, for another reason, can not perform the duties of the office.\n(sec.5.8-ssec.2) The remuneration payable to a person who acts as a commissioned officer must not be more than the remuneration payable to a person appointed to the office.\n(sec.5.8-ssec.3) While a person acts as a commissioned officer, the person is relieved of the duties of a constable at common law or under any Act or law.\n- (a) any vacancy, or all vacancies, in the office of commissioned officer; or\n- (b) any period, or all periods, when a commissioned officer is absent from duty or, for another reason, can not perform the duties of the office.","sortOrder":46},{"sectionNumber":"sec.5.9","sectionType":"section","heading":"Conditions of employment of noncommissioned officers and constables","content":"### sec.5.9 Conditions of employment of noncommissioned officers and constables\n\nAppointment to a position as a noncommissioned officer or constable, including by way of promotion—\nis to be on the basis of full-time employment, if the position is not one referred to in paragraph (b) ;\nif the position is prescribed as one, or one of a class, open to appointment on a part-time basis—may be on the basis of part-time employment.\nA person—\nis to be appointed to and employed in a position as a noncommissioned officer or constable upon a tenure not limited by time, if the position is not one referred to in paragraph (b) ;\nif the position is prescribed as one, or one of a class, open to appointment upon a limited duration of tenure—may be appointed and employed in a position as a noncommissioned officer or constable upon a limited duration of tenure.\ns 5.9 amd 2023 No. 7 s 68 s ch 1 pt 1\n(sec.5.9-ssec.1) Appointment to a position as a noncommissioned officer or constable, including by way of promotion— is to be on the basis of full-time employment, if the position is not one referred to in paragraph (b) ; if the position is prescribed as one, or one of a class, open to appointment on a part-time basis—may be on the basis of part-time employment.\n(sec.5.9-ssec.2) A person— is to be appointed to and employed in a position as a noncommissioned officer or constable upon a tenure not limited by time, if the position is not one referred to in paragraph (b) ; if the position is prescribed as one, or one of a class, open to appointment upon a limited duration of tenure—may be appointed and employed in a position as a noncommissioned officer or constable upon a limited duration of tenure.\n- (a) is to be on the basis of full-time employment, if the position is not one referred to in paragraph (b) ;\n- (b) if the position is prescribed as one, or one of a class, open to appointment on a part-time basis—may be on the basis of part-time employment.\n- (a) is to be appointed to and employed in a position as a noncommissioned officer or constable upon a tenure not limited by time, if the position is not one referred to in paragraph (b) ;\n- (b) if the position is prescribed as one, or one of a class, open to appointment upon a limited duration of tenure—may be appointed and employed in a position as a noncommissioned officer or constable upon a limited duration of tenure.","sortOrder":47},{"sectionNumber":"sec.5.10","sectionType":"section","heading":"Officer’s election on termination of certain appointments","content":"### sec.5.10 Officer’s election on termination of certain appointments\n\nIf an officer who holds a position in the service on a contract basis or for a limited duration of tenure ceases to hold the position because—\nthe contract or tenure has expired and has not been renewed; or\nthe contract or tenure is terminated otherwise than by reason of—\nthe officer’s resignation from the service or retirement from the service; or\ndisciplinary action against the officer;\nand before accepting the position that person was an officer in employment that satisfies the requirements of subsection (2) that person is entitled to elect to continue as an officer in accordance with this section.\nThe requirements referred to in subsection (1) are—\nthe employment in the service before acceptance of the position referred to in subsection (1) must have been on a tenure not limited by time;\nthe employment in the service before acceptance of the position referred to in subsection (1) must have been, or be taken to have been, continuous.\nIf a person makes an election under subsection (1) , the commissioner may appoint the person at a rank determined by the commissioner—being a rank not lower than that at which the person was employed in the service immediately before the person first accepted employment in the position referred to in subsection (1) , or a rank prescribed for the time being to be equivalent to that rank.\nIf a person makes an election under subsection (1) , the person thereby renounces all entitlements secured to the person by the contract of employment in the event of its termination as referred to in subsection (1) .\nAn election made under subsection (1) —\nmust be made in writing signed by the elector and given to the commissioner within 14 days following—\nexpiry of the contract or tenure in question; or\nnotice of termination of the contract or tenure being given to the holder of the position in question; and\nwhen duly made, has the effect that the elector’s service as an officer is taken not to have been terminated by the expiry or termination of the contract or tenure in question, but to have continued in accordance with the foregoing provisions of this section.\nIf the regulations prescribe requirements to be met, if service as an officer is to be taken as continuous, service of an officer referred to in this section is not continuous unless it accords with the requirements of the regulations, and subsection (5) (b) has operation subject to this subsection.\n(sec.5.10-ssec.1) If an officer who holds a position in the service on a contract basis or for a limited duration of tenure ceases to hold the position because— the contract or tenure has expired and has not been renewed; or the contract or tenure is terminated otherwise than by reason of— the officer’s resignation from the service or retirement from the service; or disciplinary action against the officer; and before accepting the position that person was an officer in employment that satisfies the requirements of subsection (2) that person is entitled to elect to continue as an officer in accordance with this section.\n(sec.5.10-ssec.2) The requirements referred to in subsection (1) are— the employment in the service before acceptance of the position referred to in subsection (1) must have been on a tenure not limited by time; the employment in the service before acceptance of the position referred to in subsection (1) must have been, or be taken to have been, continuous.\n(sec.5.10-ssec.3) If a person makes an election under subsection (1) , the commissioner may appoint the person at a rank determined by the commissioner—being a rank not lower than that at which the person was employed in the service immediately before the person first accepted employment in the position referred to in subsection (1) , or a rank prescribed for the time being to be equivalent to that rank.\n(sec.5.10-ssec.4) If a person makes an election under subsection (1) , the person thereby renounces all entitlements secured to the person by the contract of employment in the event of its termination as referred to in subsection (1) .\n(sec.5.10-ssec.5) An election made under subsection (1) — must be made in writing signed by the elector and given to the commissioner within 14 days following— expiry of the contract or tenure in question; or notice of termination of the contract or tenure being given to the holder of the position in question; and when duly made, has the effect that the elector’s service as an officer is taken not to have been terminated by the expiry or termination of the contract or tenure in question, but to have continued in accordance with the foregoing provisions of this section.\n(sec.5.10-ssec.6) If the regulations prescribe requirements to be met, if service as an officer is to be taken as continuous, service of an officer referred to in this section is not continuous unless it accords with the requirements of the regulations, and subsection (5) (b) has operation subject to this subsection.\n- (a) the contract or tenure has expired and has not been renewed; or\n- (b) the contract or tenure is terminated otherwise than by reason of— (i) the officer’s resignation from the service or retirement from the service; or (ii) disciplinary action against the officer;\n- (i) the officer’s resignation from the service or retirement from the service; or\n- (ii) disciplinary action against the officer;\n- (i) the officer’s resignation from the service or retirement from the service; or\n- (ii) disciplinary action against the officer;\n- (a) the employment in the service before acceptance of the position referred to in subsection (1) must have been on a tenure not limited by time;\n- (b) the employment in the service before acceptance of the position referred to in subsection (1) must have been, or be taken to have been, continuous.\n- (a) must be made in writing signed by the elector and given to the commissioner within 14 days following— (i) expiry of the contract or tenure in question; or (ii) notice of termination of the contract or tenure being given to the holder of the position in question; and\n- (i) expiry of the contract or tenure in question; or\n- (ii) notice of termination of the contract or tenure being given to the holder of the position in question; and\n- (b) when duly made, has the effect that the elector’s service as an officer is taken not to have been terminated by the expiry or termination of the contract or tenure in question, but to have continued in accordance with the foregoing provisions of this section.\n- (i) expiry of the contract or tenure in question; or\n- (ii) notice of termination of the contract or tenure being given to the holder of the position in question; and","sortOrder":48},{"sectionNumber":"sec.5.11","sectionType":"section","heading":"Conditions of employment of police recruits","content":"### sec.5.11 Conditions of employment of police recruits\n\nThe conditions of employment of a police recruit—\nare as approved by the commissioner and accepted by the person who is, or is to be, the recruit; and\nare to be governed by a contract of employment made, or taken to be made, between the Crown and the recruit; and\nare not subject to any industrial instrument or any determination or rule of an industrial authority.\nIf an offer of a contract of employment as a police recruit on conditions in writing approved by the commissioner in relation to the appointment, including the grounds on which the employment may be continued and discontinued, is made to a person before that person’s appointment as a recruit, the person, on accepting appointment as a recruit, is taken to have made with the Crown (and the Crown is taken to have made with the appointee) a contract of employment that accords with the contract last offered to the person before the appointment was made.\ns 5.11 amd 1993 No. 77 s 2 sch 1 ; 2016 No. 63 s 1157 sch 6\n(sec.5.11-ssec.1) The conditions of employment of a police recruit— are as approved by the commissioner and accepted by the person who is, or is to be, the recruit; and are to be governed by a contract of employment made, or taken to be made, between the Crown and the recruit; and are not subject to any industrial instrument or any determination or rule of an industrial authority.\n(sec.5.11-ssec.2) If an offer of a contract of employment as a police recruit on conditions in writing approved by the commissioner in relation to the appointment, including the grounds on which the employment may be continued and discontinued, is made to a person before that person’s appointment as a recruit, the person, on accepting appointment as a recruit, is taken to have made with the Crown (and the Crown is taken to have made with the appointee) a contract of employment that accords with the contract last offered to the person before the appointment was made.\n- (a) are as approved by the commissioner and accepted by the person who is, or is to be, the recruit; and\n- (b) are to be governed by a contract of employment made, or taken to be made, between the Crown and the recruit; and\n- (c) are not subject to any industrial instrument or any determination or rule of an industrial authority.","sortOrder":49},{"sectionNumber":"sec.5.12","sectionType":"section","heading":"Appointment on probation","content":"### sec.5.12 Appointment on probation\n\nThis section does not apply in relation to an appointment as an officer made on a contract basis.\nAn appointment as an officer of a person who was not an officer immediately before the appointment is an appointment on probation—\nfor a period not less than 12 months determined by the commissioner; or\nin the absence of such a determination, for a period of 12 months.\nUnless the position as an officer is advertised in the Queensland Police Gazette as one to which appointment is to be made without a period of probation, an appointment of an officer to a position on promotion is an appointment on probation—\nfor a period not less than 6 months determined by the commissioner; or\nin the absence of such a determination—for a period of 6 months.\nThe commissioner may—\nin respect of an appointee referred to in subsection (2) —\nat any time during the initial period of probation or during any extension of a period of probation, terminate the employment of the appointee; or\nat the end of any period of probation, confirm the appointment, extend or further extend the period of probation or terminate the employment of the appointee; or\nin respect of an appointee referred to in subsection (3) whose appointment is on probation—\nat any time during the initial period of probation or during any extension of a period of probation, terminate that appointment; or\nat the end of any period of probation, confirm the appointment, extend or further extend the period of probation or terminate that appointment.\nIf an appointment is terminated under subsection (4) (b) , the person who was the appointee is to be retained in employment as an officer at a level of salary not less than the level of salary of the person immediately before the appointment that is terminated until—\nthe person is appointed to another position in the service; or\nthe person is otherwise dealt with under this Act.\n(sec.5.12-ssec.1) This section does not apply in relation to an appointment as an officer made on a contract basis.\n(sec.5.12-ssec.2) An appointment as an officer of a person who was not an officer immediately before the appointment is an appointment on probation— for a period not less than 12 months determined by the commissioner; or in the absence of such a determination, for a period of 12 months.\n(sec.5.12-ssec.3) Unless the position as an officer is advertised in the Queensland Police Gazette as one to which appointment is to be made without a period of probation, an appointment of an officer to a position on promotion is an appointment on probation— for a period not less than 6 months determined by the commissioner; or in the absence of such a determination—for a period of 6 months.\n(sec.5.12-ssec.4) The commissioner may— in respect of an appointee referred to in subsection (2) — at any time during the initial period of probation or during any extension of a period of probation, terminate the employment of the appointee; or at the end of any period of probation, confirm the appointment, extend or further extend the period of probation or terminate the employment of the appointee; or in respect of an appointee referred to in subsection (3) whose appointment is on probation— at any time during the initial period of probation or during any extension of a period of probation, terminate that appointment; or at the end of any period of probation, confirm the appointment, extend or further extend the period of probation or terminate that appointment.\n(sec.5.12-ssec.5) If an appointment is terminated under subsection (4) (b) , the person who was the appointee is to be retained in employment as an officer at a level of salary not less than the level of salary of the person immediately before the appointment that is terminated until— the person is appointed to another position in the service; or the person is otherwise dealt with under this Act.\n- (a) for a period not less than 12 months determined by the commissioner; or\n- (b) in the absence of such a determination, for a period of 12 months.\n- (a) for a period not less than 6 months determined by the commissioner; or\n- (b) in the absence of such a determination—for a period of 6 months.\n- (a) in respect of an appointee referred to in subsection (2) — (i) at any time during the initial period of probation or during any extension of a period of probation, terminate the employment of the appointee; or (ii) at the end of any period of probation, confirm the appointment, extend or further extend the period of probation or terminate the employment of the appointee; or\n- (i) at any time during the initial period of probation or during any extension of a period of probation, terminate the employment of the appointee; or\n- (ii) at the end of any period of probation, confirm the appointment, extend or further extend the period of probation or terminate the employment of the appointee; or\n- (b) in respect of an appointee referred to in subsection (3) whose appointment is on probation— (i) at any time during the initial period of probation or during any extension of a period of probation, terminate that appointment; or (ii) at the end of any period of probation, confirm the appointment, extend or further extend the period of probation or terminate that appointment.\n- (i) at any time during the initial period of probation or during any extension of a period of probation, terminate that appointment; or\n- (ii) at the end of any period of probation, confirm the appointment, extend or further extend the period of probation or terminate that appointment.\n- (i) at any time during the initial period of probation or during any extension of a period of probation, terminate the employment of the appointee; or\n- (ii) at the end of any period of probation, confirm the appointment, extend or further extend the period of probation or terminate the employment of the appointee; or\n- (i) at any time during the initial period of probation or during any extension of a period of probation, terminate that appointment; or\n- (ii) at the end of any period of probation, confirm the appointment, extend or further extend the period of probation or terminate that appointment.\n- (a) the person is appointed to another position in the service; or\n- (b) the person is otherwise dealt with under this Act.","sortOrder":50},{"sectionNumber":"sec.5.13","sectionType":"section","heading":"Officer not to refuse transfer, but may object","content":"### sec.5.13 Officer not to refuse transfer, but may object\n\nA police officer who is transferred to a position must accept the transfer, even if the officer has not applied for it.\nHowever, if the officer did not apply for the transfer, the officer may—\nobject to the transfer under section 5 .13A; or\napply for a review of the transfer under section 9 .3.\ns 5.13 sub 1993 No. 77 s 4\n(sec.5.13-ssec.1) A police officer who is transferred to a position must accept the transfer, even if the officer has not applied for it.\n(sec.5.13-ssec.2) However, if the officer did not apply for the transfer, the officer may— object to the transfer under section 5 .13A; or apply for a review of the transfer under section 9 .3.\n- (a) object to the transfer under section 5 .13A; or\n- (b) apply for a review of the transfer under section 9 .3.","sortOrder":51},{"sectionNumber":"sec.5.13A","sectionType":"section","heading":"Objection to transfer","content":"### sec.5.13A Objection to transfer\n\nIf a police officer is transferred to a position without applying for the transfer, the officer may object to the transfer by giving the commissioner written reasons for the objection within 14 days of receiving written notice of the transfer.\nThe commissioner may allow or reject the objection.\nIf the commissioner allows the objection, the transfer stops having effect.\nIf the commissioner rejects the objection, the commissioner must give the officer written reasons for the rejection.\nThis section—\ndoes not limit the right of an officer to apply to a commissioner for police service reviews for a review of the transfer (a transfer review ); but\ndoes limit the right of an officer to object to a transfer under this section once the officer has applied for a transfer review.\nIf an officer objects to a transfer under this section, the time allowed by regulation for an application for a transfer review does not start to be counted until the day the commissioner gives the officer written reasons under subsection (4) .\nIf an officer applies for a transfer review, the officer can not start or proceed further with an objection under this section.\ns 5.13A ins 1993 No. 77 s 4\n(sec.5.13A-ssec.1) If a police officer is transferred to a position without applying for the transfer, the officer may object to the transfer by giving the commissioner written reasons for the objection within 14 days of receiving written notice of the transfer.\n(sec.5.13A-ssec.2) The commissioner may allow or reject the objection.\n(sec.5.13A-ssec.3) If the commissioner allows the objection, the transfer stops having effect.\n(sec.5.13A-ssec.4) If the commissioner rejects the objection, the commissioner must give the officer written reasons for the rejection.\n(sec.5.13A-ssec.5) This section— does not limit the right of an officer to apply to a commissioner for police service reviews for a review of the transfer (a transfer review ); but does limit the right of an officer to object to a transfer under this section once the officer has applied for a transfer review.\n(sec.5.13A-ssec.6) If an officer objects to a transfer under this section, the time allowed by regulation for an application for a transfer review does not start to be counted until the day the commissioner gives the officer written reasons under subsection (4) .\n(sec.5.13A-ssec.7) If an officer applies for a transfer review, the officer can not start or proceed further with an objection under this section.\n- (a) does not limit the right of an officer to apply to a commissioner for police service reviews for a review of the transfer (a transfer review ); but\n- (b) does limit the right of an officer to object to a transfer under this section once the officer has applied for a transfer review.","sortOrder":52},{"sectionNumber":"sec.5.13B","sectionType":"section","heading":"Delay in attendance for duty on directed transfer to allow for objection and review","content":"### sec.5.13B Delay in attendance for duty on directed transfer to allow for objection and review\n\nIf a police officer is transferred to a position, the commissioner can not direct the officer to attend for duty in the position until—\nafter the time allowed for an objection under section 5 .13A(1) has ended; and\nif the officer objects to the transfer—the commissioner decides the objection.\nIf—\nthe officer objects to the transfer under section 5 .13; and\nthe commissioner rejects the objection;\nthe commissioner can not direct the police officer to attend for duty until after the time allowed by regulation for an application to a commissioner for police service reviews for a review of the transfer has ended.\nDespite section 9 .2, if the officer applies to a commissioner for police service reviews for a review of the transfer, the commissioner can not direct the officer to attend for duty—\nif the officer then withdraws the application—until at least 14 days after the withdrawal; or\nif the officer does not withdraw the application and the commissioner decides under section 9 .5 to proceed with the transfer—until at least 14 days after the day the officer receives written notice of the commissioner’s decision.\nThis section does not limit the commissioner’s powers to direct an officer to attend for duty in a position in circumstances the commissioner considers are urgent.\ns 5.13B ins 1993 No. 77 s 4\n(sec.5.13B-ssec.1) If a police officer is transferred to a position, the commissioner can not direct the officer to attend for duty in the position until— after the time allowed for an objection under section 5 .13A(1) has ended; and if the officer objects to the transfer—the commissioner decides the objection.\n(sec.5.13B-ssec.2) If— the officer objects to the transfer under section 5 .13; and the commissioner rejects the objection; the commissioner can not direct the police officer to attend for duty until after the time allowed by regulation for an application to a commissioner for police service reviews for a review of the transfer has ended.\n(sec.5.13B-ssec.3) Despite section 9 .2, if the officer applies to a commissioner for police service reviews for a review of the transfer, the commissioner can not direct the officer to attend for duty— if the officer then withdraws the application—until at least 14 days after the withdrawal; or if the officer does not withdraw the application and the commissioner decides under section 9 .5 to proceed with the transfer—until at least 14 days after the day the officer receives written notice of the commissioner’s decision.\n(sec.5.13B-ssec.4) This section does not limit the commissioner’s powers to direct an officer to attend for duty in a position in circumstances the commissioner considers are urgent.\n- (a) after the time allowed for an objection under section 5 .13A(1) has ended; and\n- (b) if the officer objects to the transfer—the commissioner decides the objection.\n- (a) the officer objects to the transfer under section 5 .13; and\n- (b) the commissioner rejects the objection;\n- (a) if the officer then withdraws the application—until at least 14 days after the withdrawal; or\n- (b) if the officer does not withdraw the application and the commissioner decides under section 9 .5 to proceed with the transfer—until at least 14 days after the day the officer receives written notice of the commissioner’s decision.","sortOrder":53},{"sectionNumber":"sec.5.13C","sectionType":"section","heading":null,"content":"### Section sec.5.13C\n\ns 5.13C ins 2014 No. 17 s 119\namd 2016 No. 43 s 23\nom 2021 No. 12 s 182","sortOrder":54},{"sectionNumber":"sec.5.14","sectionType":"section","heading":"Calculation of continuous service as officer","content":"### sec.5.14 Calculation of continuous service as officer\n\nFor the purpose of calculating continuous service of an officer, continuous service had by a person—\nas an officer; and\nas the holder of any prescribed office, offices or class of office under the Crown in any of its capacities;\nwhere the service had as an officer and the service had as such holder are themselves continuous, are to be taken to constitute continuous service as an officer.\nA person who has continuous service as an officer pursuant to subsection (1) , while the person continues as an officer, retains and may claim against the Crown in right of the State in respect of all benefits and entitlements that have accrued to the person throughout the continuous service.\nIf the regulations prescribe requirements to be met, if service of an officer is to be taken as continuous, service or services referred to in this section is, or are, not continuous unless it accords, or they accord, with the regulations, and subsection (1) has operation subject to this subsection.\nFor the purpose of calculating continuous service of an officer, a period of service as a special constable (State officer) is to be disregarded.\ns 5.14 amd 2023 No. 10 s 32F\n(sec.5.14-ssec.1) For the purpose of calculating continuous service of an officer, continuous service had by a person— as an officer; and as the holder of any prescribed office, offices or class of office under the Crown in any of its capacities; where the service had as an officer and the service had as such holder are themselves continuous, are to be taken to constitute continuous service as an officer.\n(sec.5.14-ssec.2) A person who has continuous service as an officer pursuant to subsection (1) , while the person continues as an officer, retains and may claim against the Crown in right of the State in respect of all benefits and entitlements that have accrued to the person throughout the continuous service.\n(sec.5.14-ssec.3) If the regulations prescribe requirements to be met, if service of an officer is to be taken as continuous, service or services referred to in this section is, or are, not continuous unless it accords, or they accord, with the regulations, and subsection (1) has operation subject to this subsection.\n(sec.5.14-ssec.4) For the purpose of calculating continuous service of an officer, a period of service as a special constable (State officer) is to be disregarded.\n- (a) as an officer; and\n- (b) as the holder of any prescribed office, offices or class of office under the Crown in any of its capacities;","sortOrder":55},{"sectionNumber":"sec.5.15","sectionType":"section","heading":"Officer as employee of Crown","content":"### sec.5.15 Officer as employee of Crown\n\nAn officer, other than one who holds appointment on a contract basis, is taken—\nto be an employee of the Crown; and\nto be within the application of the Industrial Relations Act 2016 to employees of the Crown as provided by that Act.\ns 5.15 amd 1993 No. 77 s 2 sch 1 ; 1999 No. 33 s 747 sch 3 ; 2003 No. 19 s 3 sch ; 2016 No. 63 s 1157 sch 6\n- (a) to be an employee of the Crown; and\n- (b) to be within the application of the Industrial Relations Act 2016 to employees of the Crown as provided by that Act.","sortOrder":56},{"sectionNumber":"sec.5.16","sectionType":"section","heading":"Appointment of special constables","content":"### sec.5.16 Appointment of special constables\n\nThe commissioner may make as many appointments of special constables as, in the commissioner’s opinion, are necessary for the effectual administration of this Act and the efficient and proper discharge of the prescribed responsibility.\nThe commissioner may, in writing, appoint a person as a special constable on the terms and conditions the commissioner considers appropriate.\nAn appointment must be as—\na special constable (State officer); or\na special constable (associate).\ns 5.16 amd 2022 No. 4 s 15\nsub 2023 No. 10 s 32G\n(sec.5.16-ssec.1) The commissioner may make as many appointments of special constables as, in the commissioner’s opinion, are necessary for the effectual administration of this Act and the efficient and proper discharge of the prescribed responsibility.\n(sec.5.16-ssec.2) The commissioner may, in writing, appoint a person as a special constable on the terms and conditions the commissioner considers appropriate.\n(sec.5.16-ssec.3) An appointment must be as— a special constable (State officer); or a special constable (associate).\n- (a) a special constable (State officer); or\n- (b) a special constable (associate).","sortOrder":57},{"sectionNumber":"sec.5.16A","sectionType":"section","heading":"Special constables (State officer)","content":"### sec.5.16A Special constables (State officer)\n\nAppointment as a special constable (State officer) is to be on the basis of employment other than full-time or part-time employment.\nThe commissioner may at any time, by written notice given to a special constable (State officer), revoke or vary the special constable’s appointment.\nA special constable (State officer) is entitled to the salary, allowances and other remuneration that are—\nprovided for in the special constable’s instrument of appointment; or\nprescribed by regulation.\nThe powers of a special constable (State officer) may be limited by the special constable’s instrument of appointment.\nDespite section 1 .4, definition senior officer —\na special constable (State officer) is the senior officer in relation to a constable on probation; and\nan officer other than a constable on probation is the senior officer in relation to a special constable (State officer).\nIn this section—\nconstable on probation means a constable whose appointment is on probation under section 5 .12.\ns 5.16A ins 2023 No. 10 s 32G\n(sec.5.16A-ssec.1) Appointment as a special constable (State officer) is to be on the basis of employment other than full-time or part-time employment.\n(sec.5.16A-ssec.2) The commissioner may at any time, by written notice given to a special constable (State officer), revoke or vary the special constable’s appointment.\n(sec.5.16A-ssec.3) A special constable (State officer) is entitled to the salary, allowances and other remuneration that are— provided for in the special constable’s instrument of appointment; or prescribed by regulation.\n(sec.5.16A-ssec.4) The powers of a special constable (State officer) may be limited by the special constable’s instrument of appointment.\n(sec.5.16A-ssec.5) Despite section 1 .4, definition senior officer — a special constable (State officer) is the senior officer in relation to a constable on probation; and an officer other than a constable on probation is the senior officer in relation to a special constable (State officer).\n(sec.5.16A-ssec.6) In this section— constable on probation means a constable whose appointment is on probation under section 5 .12.\n- (a) provided for in the special constable’s instrument of appointment; or\n- (b) prescribed by regulation.\n- (a) a special constable (State officer) is the senior officer in relation to a constable on probation; and\n- (b) an officer other than a constable on probation is the senior officer in relation to a special constable (State officer).","sortOrder":58},{"sectionNumber":"sec.5.16B","sectionType":"section","heading":"Special constables (associate)","content":"### sec.5.16B Special constables (associate)\n\nA special constable (associate)—\nis not an employee of the State or of the commissioner; and\nis not entitled to salary, allowances or other remuneration, except as provided for in the special constable’s instrument of appointment; and\nhas the powers and duties of an officer, under this Act or another Act, as specified in the special constable’s instrument of appointment, and no other.\nSubject to subsection (1) , relevant provisions and other Acts apply to a special constable (associate) as if the special constable were an officer.\nIn this section—\nrelevant provision means a provision of this Act relating to an officer that may be reasonably applied to a special constable (associate).\ns 5.16B ins 2023 No. 10 s 32G\n(sec.5.16B-ssec.1) A special constable (associate)— is not an employee of the State or of the commissioner; and is not entitled to salary, allowances or other remuneration, except as provided for in the special constable’s instrument of appointment; and has the powers and duties of an officer, under this Act or another Act, as specified in the special constable’s instrument of appointment, and no other.\n(sec.5.16B-ssec.2) Subject to subsection (1) , relevant provisions and other Acts apply to a special constable (associate) as if the special constable were an officer.\n(sec.5.16B-ssec.3) In this section— relevant provision means a provision of this Act relating to an officer that may be reasonably applied to a special constable (associate).\n- (a) is not an employee of the State or of the commissioner; and\n- (b) is not entitled to salary, allowances or other remuneration, except as provided for in the special constable’s instrument of appointment; and\n- (c) has the powers and duties of an officer, under this Act or another Act, as specified in the special constable’s instrument of appointment, and no other.","sortOrder":59},{"sectionNumber":"sec.5.16C","sectionType":"section","heading":"Exclusion of matters about special constables from review under other Acts","content":"### sec.5.16C Exclusion of matters about special constables from review under other Acts\n\nThis section applies to the following matters (each an excluded matter )—\na decision to appoint or not to appoint a person as a special constable;\na decision to revoke or vary a person’s appointment as a special constable;\nthe terms and conditions of a person’s appointment as a special constable, including the salary, allowances and other remuneration to which a special constable is entitled;\na decision about a matter mentioned in paragraph (c) .\nAn excluded matter, or a matter affecting or relating to an excluded matter, is not an industrial matter for the Industrial Relations Act 2016 .\nWithout limiting subsection (2) , an industrial instrument does not apply to a person appointed as a special constable.\nSubsections (2) and (3) apply despite section 5 .15(b).\nHowever, subsection (2) does not affect the Industrial Relations Act 2016 , section 471 .\nUnless the Supreme Court decides an excluded decision is affected by jurisdictional error, the decision—\nis final and conclusive; and\ncan not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and\nis not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.\nThe Judicial Review Act 1991 , part 5 applies to an excluded decision to the extent it is affected by jurisdictional error.\nIn this section—\nappoint , in relation to a special constable (State officer), includes employ.\ndecision includes a decision or conduct leading up to or forming part of the process of making a decision.\nexcluded decision means a decision that is an excluded matter.\ns 5.16C ins 2023 No. 10 s 32G\n(sec.5.16C-ssec.1) This section applies to the following matters (each an excluded matter )— a decision to appoint or not to appoint a person as a special constable; a decision to revoke or vary a person’s appointment as a special constable; the terms and conditions of a person’s appointment as a special constable, including the salary, allowances and other remuneration to which a special constable is entitled; a decision about a matter mentioned in paragraph (c) .\n(sec.5.16C-ssec.2) An excluded matter, or a matter affecting or relating to an excluded matter, is not an industrial matter for the Industrial Relations Act 2016 .\n(sec.5.16C-ssec.3) Without limiting subsection (2) , an industrial instrument does not apply to a person appointed as a special constable.\n(sec.5.16C-ssec.4) Subsections (2) and (3) apply despite section 5 .15(b).\n(sec.5.16C-ssec.5) However, subsection (2) does not affect the Industrial Relations Act 2016 , section 471 .\n(sec.5.16C-ssec.6) Unless the Supreme Court decides an excluded decision is affected by jurisdictional error, the decision— is final and conclusive; and can not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.\n(sec.5.16C-ssec.7) The Judicial Review Act 1991 , part 5 applies to an excluded decision to the extent it is affected by jurisdictional error.\n(sec.5.16C-ssec.8) In this section— appoint , in relation to a special constable (State officer), includes employ. decision includes a decision or conduct leading up to or forming part of the process of making a decision. excluded decision means a decision that is an excluded matter.\n- (a) a decision to appoint or not to appoint a person as a special constable;\n- (b) a decision to revoke or vary a person’s appointment as a special constable;\n- (c) the terms and conditions of a person’s appointment as a special constable, including the salary, allowances and other remuneration to which a special constable is entitled;\n- (d) a decision about a matter mentioned in paragraph (c) .\n- (a) is final and conclusive; and\n- (b) can not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and\n- (c) is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.","sortOrder":60},{"sectionNumber":"sec.5.17","sectionType":"section","heading":"Authorisation of non-State police officers","content":"### sec.5.17 Authorisation of non-State police officers\n\nThis section applies if the commissioner reasonably believes—\na terrorist act has been committed or there is an imminent threat of a terrorist act; and\nthe help of a non-State police officer is urgently needed to enable the Queensland Police Service to continue to perform its functions effectively while responding to the terrorist act or threat; and\nit is impracticable in the circumstances to appoint the officer as a special constable.\nThe commissioner may authorise the non-State police officer to exercise the powers of a police officer under—\nthe police Acts specified in the authorisation; or\nall police Acts.\nThe authorisation must name the non-State police officer.\nThe authorisation—\nmay be limited to stated powers; and\nmay be limited to a stated time; and\nmay be given on conditions.\nThe authorisation may be given orally or in writing but, if given orally, must be put in writing as soon as reasonably practicable.\nA failure to put the authorisation in writing does not invalidate the authorisation or anything done under the authorisation.\nWhile the authorisation is in force, the non-State police officer may exercise the powers only—\nin accordance with the authorisation; and\nsubject to the directions of the commissioner or another State police officer.\nEach empowering Act applies to the non-State police officer, in relation to the exercise of the powers, as if the officer were a State police officer.\nThe commissioner must ensure that, as soon as practicable after the authorisation is given, the non-State police officer is given an appropriate explanation of the officer’s powers and responsibilities under each empowering Act.\nPart 10 applies to the non-State police officer as if the officer were a State police officer.\nThe commissioner must revoke the authorisation as soon as the commissioner is satisfied the non-State police officer’s help is no longer needed.\nThe revocation may be made orally or in writing but, if made orally, must be put in writing as soon as reasonably practicable.\nA failure to put the revocation in writing does not invalidate the revocation.\nThe commissioner may only delegate the commissioner’s authorisation power to a State police officer of the rank of at least assistant commissioner.\nThe commissioner must include, in the annual report for a financial year, the following information about any authorisations made under this section during the financial year relating to a terrorist act or threat—\nthe nature of the act or threat;\nthe number of non-State police officers authorised and the police force or service of which they were members;\nwhen the authorisations started and ended;\nthe empowering Acts under the authorisations;\nthe functions performed by the officers;\nthe results of the authorisations, including benefits and problems.\nThis section does not purport to confer a duty on a federal police officer to perform a function, or to exercise a power, if the conferral of the duty would be beyond the legislative power of the Parliament of the State.\nIn this section—\nauthorisation power means the power to give or revoke an authorisation under this section.\nempowering Act means—\nfor an authorisation under subsection (2) (a) —a police Act specified in the authorisation; or\nfor an authorisation under subsection (2) (b) —a police Act.\nfederal police officer means a member of the Australian Federal Police.\nnon-State police officer means a police officer of a police force or service of another State or a federal police officer.\npolice Act means a Queensland Act that confers a power on a police officer.\nState police officer means a police officer of the Queensland Police Service.\nterrorist act see the Police Powers and Responsibilities Act 2000 , section 211 .\ns 5.17 ins 2004 No. 8 s 40\namd 2005 No. 45 s 74 sch 4 ; 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 )\n(sec.5.17-ssec.1) This section applies if the commissioner reasonably believes— a terrorist act has been committed or there is an imminent threat of a terrorist act; and the help of a non-State police officer is urgently needed to enable the Queensland Police Service to continue to perform its functions effectively while responding to the terrorist act or threat; and it is impracticable in the circumstances to appoint the officer as a special constable.\n(sec.5.17-ssec.2) The commissioner may authorise the non-State police officer to exercise the powers of a police officer under— the police Acts specified in the authorisation; or all police Acts.\n(sec.5.17-ssec.3) The authorisation must name the non-State police officer.\n(sec.5.17-ssec.4) The authorisation— may be limited to stated powers; and may be limited to a stated time; and may be given on conditions.\n(sec.5.17-ssec.5) The authorisation may be given orally or in writing but, if given orally, must be put in writing as soon as reasonably practicable.\n(sec.5.17-ssec.6) A failure to put the authorisation in writing does not invalidate the authorisation or anything done under the authorisation.\n(sec.5.17-ssec.7) While the authorisation is in force, the non-State police officer may exercise the powers only— in accordance with the authorisation; and subject to the directions of the commissioner or another State police officer.\n(sec.5.17-ssec.8) Each empowering Act applies to the non-State police officer, in relation to the exercise of the powers, as if the officer were a State police officer.\n(sec.5.17-ssec.9) The commissioner must ensure that, as soon as practicable after the authorisation is given, the non-State police officer is given an appropriate explanation of the officer’s powers and responsibilities under each empowering Act.\n(sec.5.17-ssec.10) Part 10 applies to the non-State police officer as if the officer were a State police officer.\n(sec.5.17-ssec.11) The commissioner must revoke the authorisation as soon as the commissioner is satisfied the non-State police officer’s help is no longer needed.\n(sec.5.17-ssec.12) The revocation may be made orally or in writing but, if made orally, must be put in writing as soon as reasonably practicable.\n(sec.5.17-ssec.13) A failure to put the revocation in writing does not invalidate the revocation.\n(sec.5.17-ssec.14) The commissioner may only delegate the commissioner’s authorisation power to a State police officer of the rank of at least assistant commissioner.\n(sec.5.17-ssec.15) The commissioner must include, in the annual report for a financial year, the following information about any authorisations made under this section during the financial year relating to a terrorist act or threat— the nature of the act or threat; the number of non-State police officers authorised and the police force or service of which they were members; when the authorisations started and ended; the empowering Acts under the authorisations; the functions performed by the officers; the results of the authorisations, including benefits and problems.\n(sec.5.17-ssec.16) This section does not purport to confer a duty on a federal police officer to perform a function, or to exercise a power, if the conferral of the duty would be beyond the legislative power of the Parliament of the State.\n(sec.5.17-ssec.17) In this section— authorisation power means the power to give or revoke an authorisation under this section. empowering Act means— for an authorisation under subsection (2) (a) —a police Act specified in the authorisation; or for an authorisation under subsection (2) (b) —a police Act. federal police officer means a member of the Australian Federal Police. non-State police officer means a police officer of a police force or service of another State or a federal police officer. police Act means a Queensland Act that confers a power on a police officer. State police officer means a police officer of the Queensland Police Service. terrorist act see the Police Powers and Responsibilities Act 2000 , section 211 .\n- (a) a terrorist act has been committed or there is an imminent threat of a terrorist act; and\n- (b) the help of a non-State police officer is urgently needed to enable the Queensland Police Service to continue to perform its functions effectively while responding to the terrorist act or threat; and\n- (c) it is impracticable in the circumstances to appoint the officer as a special constable.\n- (a) the police Acts specified in the authorisation; or\n- (b) all police Acts.\n- (a) may be limited to stated powers; and\n- (b) may be limited to a stated time; and\n- (c) may be given on conditions.\n- (a) in accordance with the authorisation; and\n- (b) subject to the directions of the commissioner or another State police officer.\n- (a) the nature of the act or threat;\n- (b) the number of non-State police officers authorised and the police force or service of which they were members;\n- (c) when the authorisations started and ended;\n- (d) the empowering Acts under the authorisations;\n- (e) the functions performed by the officers;\n- (f) the results of the authorisations, including benefits and problems.\n- (a) for an authorisation under subsection (2) (a) —a police Act specified in the authorisation; or\n- (b) for an authorisation under subsection (2) (b) —a police Act.","sortOrder":61},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Watch-house officers","content":"## Watch-house officers","sortOrder":62},{"sectionNumber":"sec.5.18","sectionType":"section","heading":"Appointment of watch-house officers","content":"### sec.5.18 Appointment of watch-house officers\n\nThis section applies if the commissioner proposes to appoint a person who is or is to become a staff member to be a watch-house officer.\nThe commissioner may appoint the person only if the commissioner is satisfied the person has appropriate qualifications and experience for performing the functions of a watch-house officer.\nA person has appropriate qualities and experience for appointment as a watch-house officer only if the commissioner is satisfied the person—\nhas completed a course of training approved by the commissioner for the purpose; or\npossesses appropriate qualifications, standing and experience for performing the functions of a watch-house officer.\nStaff members may include persons appointed under the Public Sector Act 2022 or section 8 .3(5) but do not include police officers.\ns 5.18 ins 2006 No. 26 s 115\namd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 s 84 ); 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3 ; 2024 No. 18 s 25\n(sec.5.18-ssec.1) This section applies if the commissioner proposes to appoint a person who is or is to become a staff member to be a watch-house officer.\n(sec.5.18-ssec.2) The commissioner may appoint the person only if the commissioner is satisfied the person has appropriate qualifications and experience for performing the functions of a watch-house officer.\n(sec.5.18-ssec.3) A person has appropriate qualities and experience for appointment as a watch-house officer only if the commissioner is satisfied the person— has completed a course of training approved by the commissioner for the purpose; or possesses appropriate qualifications, standing and experience for performing the functions of a watch-house officer. Staff members may include persons appointed under the Public Sector Act 2022 or section 8 .3(5) but do not include police officers.\n- (a) has completed a course of training approved by the commissioner for the purpose; or\n- (b) possesses appropriate qualifications, standing and experience for performing the functions of a watch-house officer.","sortOrder":63},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Protective services officers","content":"## Protective services officers","sortOrder":64},{"sectionNumber":"sec.5.19","sectionType":"section","heading":"Appointment of protective services officers","content":"### sec.5.19 Appointment of protective services officers\n\nThe commissioner may appoint a person, other than a police officer, to be—\na protective services officer; or\na protective services officer (in training).\nThe commissioner may appoint the person as a protective services officer only if the commissioner is satisfied the person is appropriately qualified to perform the functions of a protective services officer.\nA person is appropriately qualified to perform the functions of a protective services officer only if the commissioner is satisfied the person—\nhas the qualifications, experience or standing appropriate to perform the functions of a protective services officer; or\nhas completed a course of training approved by the commissioner for the purpose of this section.\nProtective services officers and protective services officers (in training) are employed under the Public Sector Act 2022 and not under this Act.\ns 5.19 ins 2022 No. 9 s 36 (amd 2022 No. 34 s 365 sch 3 )\n(sec.5.19-ssec.1) The commissioner may appoint a person, other than a police officer, to be— a protective services officer; or a protective services officer (in training).\n(sec.5.19-ssec.2) The commissioner may appoint the person as a protective services officer only if the commissioner is satisfied the person is appropriately qualified to perform the functions of a protective services officer.\n(sec.5.19-ssec.3) A person is appropriately qualified to perform the functions of a protective services officer only if the commissioner is satisfied the person— has the qualifications, experience or standing appropriate to perform the functions of a protective services officer; or has completed a course of training approved by the commissioner for the purpose of this section.\n(sec.5.19-ssec.4) Protective services officers and protective services officers (in training) are employed under the Public Sector Act 2022 and not under this Act.\n- (a) a protective services officer; or\n- (b) a protective services officer (in training).\n- (a) has the qualifications, experience or standing appropriate to perform the functions of a protective services officer; or\n- (b) has completed a course of training approved by the commissioner for the purpose of this section.","sortOrder":65},{"sectionNumber":"sec.5.20","sectionType":"section","heading":"Ranks","content":"### sec.5.20 Ranks\n\nThe ranks of protective services officers are the ranks declared by regulation.\ns 5.20 ins 2022 No. 9 s 36","sortOrder":66},{"sectionNumber":"sec.5.21","sectionType":"section","heading":"Issue of identity card","content":"### sec.5.21 Issue of identity card\n\nThe commissioner must issue an identity card to each protective services officer.\nThe identity card must—\nstate the protective services officer’s name; and\ncontain a recent photograph of the protective services officer; and\nidentify the person the subject of the identity card as a protective services officer; and\nstate an expiry date for the card.\nThis section does not prevent the issue of a single identity card to a person for this Act and for other purposes.\ns 5.21 ins 2022 No. 9 s 36\n(sec.5.21-ssec.1) The commissioner must issue an identity card to each protective services officer.\n(sec.5.21-ssec.2) The identity card must— state the protective services officer’s name; and contain a recent photograph of the protective services officer; and identify the person the subject of the identity card as a protective services officer; and state an expiry date for the card.\n(sec.5.21-ssec.3) This section does not prevent the issue of a single identity card to a person for this Act and for other purposes.\n- (a) state the protective services officer’s name; and\n- (b) contain a recent photograph of the protective services officer; and\n- (c) identify the person the subject of the identity card as a protective services officer; and\n- (d) state an expiry date for the card.","sortOrder":67},{"sectionNumber":"sec.5.22","sectionType":"section","heading":"Oath of office for protective services officers","content":"### sec.5.22 Oath of office for protective services officers\n\nBefore a person begins to perform duty as a protective services officer, the person is to take, or make, and subscribe the oath or affirmation prescribed by regulation.\ns 5.22 ins 2022 No. 9 s 36","sortOrder":68},{"sectionNumber":"sec.5.23","sectionType":"section","heading":"Functions of protective services officers","content":"### sec.5.23 Functions of protective services officers\n\nThe primary function of protective services officers is to carry into effect the systems formulated for the security of state buildings, including, for example, the systems for the entry of vehicles into state buildings and the parking of the vehicles.\nAlso, the functions of protective services officers include—\nproviding services, on a commercial basis, for a building (other than a state building) under a contract entered into by the State; and\nexercising a power given to protective services officers under this Act or another Act; and\nanother function given to protective services officers under this Act or another Act.\ns 5.23 ins 2022 No. 9 s 36\n(sec.5.23-ssec.1) The primary function of protective services officers is to carry into effect the systems formulated for the security of state buildings, including, for example, the systems for the entry of vehicles into state buildings and the parking of the vehicles.\n(sec.5.23-ssec.2) Also, the functions of protective services officers include— providing services, on a commercial basis, for a building (other than a state building) under a contract entered into by the State; and exercising a power given to protective services officers under this Act or another Act; and another function given to protective services officers under this Act or another Act.\n- (a) providing services, on a commercial basis, for a building (other than a state building) under a contract entered into by the State; and\n- (b) exercising a power given to protective services officers under this Act or another Act; and\n- (c) another function given to protective services officers under this Act or another Act.","sortOrder":69},{"sectionNumber":"sec.5.24","sectionType":"section","heading":"Duties of protective services officers","content":"### sec.5.24 Duties of protective services officers\n\nA protective services officer—\nis subject to the directions and orders of the commissioner; and\nif performing functions as a duty officer—must remain on duty in the state building until—\nrelieved from duty by another protective services officer; or\nauthorised by the commissioner to leave the building.\nWithout limiting subsection (1) (a) , if directed by the commissioner, a protective services officer must take up duty promptly in an emergency, unless the officer has a reasonable excuse.\nTo remove any doubt, it is declared that subsection (1) (b) does not prevent a protective services officer leaving a building to perform a function of the officer.\ns 5.24 ins 2022 No. 9 s 36\n(sec.5.24-ssec.1) A protective services officer— is subject to the directions and orders of the commissioner; and if performing functions as a duty officer—must remain on duty in the state building until— relieved from duty by another protective services officer; or authorised by the commissioner to leave the building.\n(sec.5.24-ssec.2) Without limiting subsection (1) (a) , if directed by the commissioner, a protective services officer must take up duty promptly in an emergency, unless the officer has a reasonable excuse.\n(sec.5.24-ssec.3) To remove any doubt, it is declared that subsection (1) (b) does not prevent a protective services officer leaving a building to perform a function of the officer.\n- (a) is subject to the directions and orders of the commissioner; and\n- (b) if performing functions as a duty officer—must remain on duty in the state building until— (i) relieved from duty by another protective services officer; or (ii) authorised by the commissioner to leave the building.\n- (i) relieved from duty by another protective services officer; or\n- (ii) authorised by the commissioner to leave the building.\n- (i) relieved from duty by another protective services officer; or\n- (ii) authorised by the commissioner to leave the building.","sortOrder":70},{"sectionNumber":"pt.5A","sectionType":"part","heading":"Alcohol and drug tests","content":"# Alcohol and drug tests","sortOrder":71},{"sectionNumber":"pt.5A-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":72},{"sectionNumber":"sec.5A.1","sectionType":"section","heading":"Object of pt 5A","content":"### sec.5A.1 Object of pt 5A\n\nThe objects of this part are—\nto ensure appropriate steps are taken in the interests of the health and welfare of relevant persons; and\nto enhance the public’s confidence in the service and the integrity of the service in which relevant persons, including persons who are not members of the service, perform functions associated with, or ancillary to, the functions of the service.\ns 5A.1 ins 2003 No. 67 s 5\namd 2014 No. 17 s 120\n- (a) to ensure appropriate steps are taken in the interests of the health and welfare of relevant persons; and\n- (b) to enhance the public’s confidence in the service and the integrity of the service in which relevant persons, including persons who are not members of the service, perform functions associated with, or ancillary to, the functions of the service.","sortOrder":73},{"sectionNumber":"sec.5A.2","sectionType":"section","heading":"Definitions for pt 5A","content":"### sec.5A.2 Definitions for pt 5A\n\nIn this part—\nalcohol test means a test for deciding whether a relevant person is over the limit applying to the person when the test is conducted.\ns 5A.2 def alcohol test amd 2014 No. 17 s 121 (3) – (4)\nanalyst means a person who, under section 5A .4A, is appointed as an analyst.\ns 5A.2 def analyst ins 2006 No. 26 s 116\nauthorised person means—\nin all cases—the commissioner or deputy commissioner; or\nfor an alcohol test or a random alcohol test—\nif the person to be tested is a police recruit or staff member—a commissioned officer; or\notherwise—the assistant commissioner or a commissioned officer who holds rank above the rank of the person to be tested; or\nfor periodic testing of an operative—\nthe assistant commissioner; or\na commissioned officer who—\nis responsible for supervising operatives; and\nis above the rank of the operative to be tested; or\nfor a test to be conducted because of section 5A .8(c)—\nif the person to be tested is a police recruit or staff member—a commissioned officer; or\notherwise—the assistant commissioner or a commissioned officer who holds rank above the rank of the person to be tested; or\nfor section 5A .10 or section 5A .14—\nif the person to be tested is a police recruit or staff member—a commissioned officer; or\notherwise—the assistant commissioner or a commissioned officer who holds rank above the rank of the person to be tested.\ns 5A.2 def authorised person amd 2005 No. 17 s 24 ; 2005 No. 45 s 74 sch 4 ; 2014 No. 17 s 121 (5) ; 2021 No. 12 s 183 (2)\ncovert operative ...\ns 5A.2 def covert operative om 2005 No. 45 s 74 sch 4\ncritical area means any of the following in which a police recruit or staff member performs functions for the police service—\na communications centre;\na driver training facility;\na facility used for storing dangerous drugs under the Police Powers and Responsibilities Act 2000 , chapter 21 , part 4 ;\na magazine used for storing explosives;\na police armoury or weapons collection facility;\na property point as defined under the Police Powers and Responsibilities Act 2000 ;\na watch-house;\na weapons training facility;\nthe unit known as the police air wing;\na place prescribed under a regulation as a critical area.\ns 5A.2 def critical area amd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 ); 2014 No. 17 s 121 (6) ; 2021 No. 12 s 183 (3)\ncritical incident means any of the following—\nan incident in which an officer on duty discharges a firearm—\ninjuring a person; or\nin circumstances in which a person could be injured;\nan incident in which a person in custody dies or suffers grievous bodily harm;\na workplace incident at a police station or police establishment in which a person—\ndies or suffers grievous bodily harm; or\nsuffers injuries for which the person is admitted to hospital;\nan incident in which a person dies or suffers grievous bodily harm in the course of, or as a result of, police operations;\na vehicle pursuit\nan evacuation\na vehicle pursuit in which a person suffers injuries for which the person is admitted to hospital.\ns 5A.2 def critical incident sub 2022 No. 4 s 17 (1) – (2)\ndangerous drug means a dangerous drug under the Drugs Misuse Act 1986 .\ndeputy commissioner means the executive officer holding rank as deputy commissioner.\nevidence , of a targeted substance in a person’s urine or saliva, includes evidence of the presence of the following in the person’s urine or saliva—\na targeted substance;\na substance that is used in a targeted substance;\na metabolite of a targeted substance.\ns 5A.2 def evidence amd 2022 No. 4 s 17 (3)\nfirearm does not include a firearm loaded with a projectile that is not designed to cause death or grievous bodily harm.\nbeanbag round, 40mm impact round\ns 5A.2 def firearm ins 2022 No. 4 s 17 (2)\ngeneral alcohol limit means the general alcohol limit under section 5A .6(1)(c).\ngrievous bodily harm see the Criminal Code , section 1 .\ns 5A.2 def grievous bodily harm ins 2022 No. 4 s 17 (2)\nlow alcohol limit means the low alcohol limit under section 5A .6(1)(b).\nmedical examination includes medical assessment and test, whether physical or mental.\nno alcohol limit means the no alcohol limit under section 5A .6(1)(a).\noperative means a police officer who is—\na participant in an authorised operation under the Police Powers and Responsibilities Act 2000 , chapter 11 ; or\na covert operative for a controlled operation under the Crime and Corruption Act 2001 , chapter 3 , part 6A .\ns 5A.2 def operative ins 2005 No. 45 s 74 sch 4\namd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 ); 2014 No. 21 s 94 (2) sch 2\nover the limit , in relation to a relevant person, means the person is over the general alcohol limit, the low alcohol limit or the no alcohol limit applying to the person.\ns 5A.2 def over the limit amd 2014 No. 17 s 121 (3) – (4)\nrandom alcohol test means an alcohol test conducted under section 5A .9.\nrelevant member ...\ns 5A.2 def relevant member om 2014 No. 17 s 121 (1)\nrelevant person see section 5A .3.\ns 5A.2 def relevant person ins 2014 No. 17 s 121 (2)\nrelevant PSBA employee ...\ns 5A.2 def relevant PSBA employee ins 2014 No. 17 s 121 (2)\nom 2021 No. 12 s 183 (1)\nsaliva analysing instrument means an instrument, prescribed by regulation, for finding out whether a targeted substance is present in a person’s saliva by analysing a specimen of the person’s saliva.\ns 5A.2 def saliva analysing instrument ins 2022 No. 4 s 17 (2)\ntargeted substance means—\na dangerous drug; or\nanother substance mentioned in section 5A .4(c) or (d).\ntargeted substance test means a test for deciding whether a relevant person has evidence of a targeted substance in the person’s urine or saliva.\ns 5A.2 def target substance test amd 2014 No. 17 s 121 (3) , (7) ; 2022 No. 4 s 17 (4)\nvehicle pursuit means a police motor vehicle pursuit for the purpose of apprehending a person.\ns 5A.2 def vehicle pursuit ins 2022 No. 4 s 17 (2)\ns 5A.2 ins 2003 No. 67 s 5\n- (a) in all cases—the commissioner or deputy commissioner; or\n- (b) for an alcohol test or a random alcohol test— (i) if the person to be tested is a police recruit or staff member—a commissioned officer; or (ii) otherwise—the assistant commissioner or a commissioned officer who holds rank above the rank of the person to be tested; or\n- (i) if the person to be tested is a police recruit or staff member—a commissioned officer; or\n- (ii) otherwise—the assistant commissioner or a commissioned officer who holds rank above the rank of the person to be tested; or\n- (c) for periodic testing of an operative— (i) the assistant commissioner; or (ii) a commissioned officer who— (A) is responsible for supervising operatives; and (B) is above the rank of the operative to be tested; or\n- (i) the assistant commissioner; or\n- (ii) a commissioned officer who— (A) is responsible for supervising operatives; and (B) is above the rank of the operative to be tested; or\n- (A) is responsible for supervising operatives; and\n- (B) is above the rank of the operative to be tested; or\n- (d) for a test to be conducted because of section 5A .8(c)— (i) if the person to be tested is a police recruit or staff member—a commissioned officer; or (ii) otherwise—the assistant commissioner or a commissioned officer who holds rank above the rank of the person to be tested; or\n- (i) if the person to be tested is a police recruit or staff member—a commissioned officer; or\n- (ii) otherwise—the assistant commissioner or a commissioned officer who holds rank above the rank of the person to be tested; or\n- (e) for section 5A .10 or section 5A .14— (i) if the person to be tested is a police recruit or staff member—a commissioned officer; or (ii) otherwise—the assistant commissioner or a commissioned officer who holds rank above the rank of the person to be tested.\n- (i) if the person to be tested is a police recruit or staff member—a commissioned officer; or\n- (ii) otherwise—the assistant commissioner or a commissioned officer who holds rank above the rank of the person to be tested.\n- (i) if the person to be tested is a police recruit or staff member—a commissioned officer; or\n- (ii) otherwise—the assistant commissioner or a commissioned officer who holds rank above the rank of the person to be tested; or\n- (i) the assistant commissioner; or\n- (ii) a commissioned officer who— (A) is responsible for supervising operatives; and (B) is above the rank of the operative to be tested; or\n- (A) is responsible for supervising operatives; and\n- (B) is above the rank of the operative to be tested; or\n- (A) is responsible for supervising operatives; and\n- (B) is above the rank of the operative to be tested; or\n- (i) if the person to be tested is a police recruit or staff member—a commissioned officer; or\n- (ii) otherwise—the assistant commissioner or a commissioned officer who holds rank above the rank of the person to be tested; or\n- (i) if the person to be tested is a police recruit or staff member—a commissioned officer; or\n- (ii) otherwise—the assistant commissioner or a commissioned officer who holds rank above the rank of the person to be tested.\n- (a) a communications centre;\n- (b) a driver training facility;\n- (c) a facility used for storing dangerous drugs under the Police Powers and Responsibilities Act 2000 , chapter 21 , part 4 ;\n- (d) a magazine used for storing explosives;\n- (e) a police armoury or weapons collection facility;\n- (f) a property point as defined under the Police Powers and Responsibilities Act 2000 ;\n- (g) a watch-house;\n- (h) a weapons training facility;\n- (i) the unit known as the police air wing;\n- (j) a place prescribed under a regulation as a critical area.\n- (a) an incident in which an officer on duty discharges a firearm— (i) injuring a person; or (ii) in circumstances in which a person could be injured;\n- (i) injuring a person; or\n- (ii) in circumstances in which a person could be injured;\n- (b) an incident in which a person in custody dies or suffers grievous bodily harm;\n- (c) a workplace incident at a police station or police establishment in which a person— (i) dies or suffers grievous bodily harm; or (ii) suffers injuries for which the person is admitted to hospital;\n- (i) dies or suffers grievous bodily harm; or\n- (ii) suffers injuries for which the person is admitted to hospital;\n- (d) an incident in which a person dies or suffers grievous bodily harm in the course of, or as a result of, police operations; Examples of police operations— • a vehicle pursuit • an evacuation\n- • a vehicle pursuit\n- • an evacuation\n- (e) a vehicle pursuit in which a person suffers injuries for which the person is admitted to hospital.\n- (i) injuring a person; or\n- (ii) in circumstances in which a person could be injured;\n- (i) dies or suffers grievous bodily harm; or\n- (ii) suffers injuries for which the person is admitted to hospital;\n- • a vehicle pursuit\n- • an evacuation\n- (a) a targeted substance;\n- (b) a substance that is used in a targeted substance;\n- (c) a metabolite of a targeted substance.\n- (a) a participant in an authorised operation under the Police Powers and Responsibilities Act 2000 , chapter 11 ; or\n- (b) a covert operative for a controlled operation under the Crime and Corruption Act 2001 , chapter 3 , part 6A .\n- (a) a dangerous drug; or\n- (b) another substance mentioned in section 5A .4(c) or (d).","sortOrder":74},{"sectionNumber":"sec.5A.3","sectionType":"section","heading":"Persons to whom pt 5A applies","content":"### sec.5A.3 Persons to whom pt 5A applies\n\nThis part, other than to the extent specified in section 5A .21A, applies only to a person ( relevant person ) who is—\nan officer; or\na staff member, other than the following persons, whose duties include performing functions in a critical area—\nan MRQ volunteer;\nan SES local government employee;\nan SES volunteer; or\na watch-house officer; or\na police radio and electronics technician; or\na recruit; or\na protective services officer; or\na protective services officer (in training).\nHowever, for subsection (1) (b) , if the critical area in which the functions are performed is a driver training facility, this part applies to the staff member only if the member is a driver, instructor or mechanic at the facility.\ns 5A.3 ins 2003 No. 67 s 5\namd 2005 No. 17 s 25 ; 2007 No. 1 s 32 sch 2 ; 2014 No. 17 s 122 ; 2021 No. 12 s 184 ; 2022 No. 9 s 37 ; 2024 No. 18 s 26\n(sec.5A.3-ssec.1) This part, other than to the extent specified in section 5A .21A, applies only to a person ( relevant person ) who is— an officer; or a staff member, other than the following persons, whose duties include performing functions in a critical area— an MRQ volunteer; an SES local government employee; an SES volunteer; or a watch-house officer; or a police radio and electronics technician; or a recruit; or a protective services officer; or a protective services officer (in training).\n(sec.5A.3-ssec.2) However, for subsection (1) (b) , if the critical area in which the functions are performed is a driver training facility, this part applies to the staff member only if the member is a driver, instructor or mechanic at the facility.\n- (a) an officer; or\n- (b) a staff member, other than the following persons, whose duties include performing functions in a critical area— (i) an MRQ volunteer; (ii) an SES local government employee; (iii) an SES volunteer; or\n- (i) an MRQ volunteer;\n- (ii) an SES local government employee;\n- (iii) an SES volunteer; or\n- (c) a watch-house officer; or\n- (d) a police radio and electronics technician; or\n- (e) a recruit; or\n- (f) a protective services officer; or\n- (g) a protective services officer (in training).\n- (i) an MRQ volunteer;\n- (ii) an SES local government employee;\n- (iii) an SES volunteer; or","sortOrder":75},{"sectionNumber":"sec.5A.4","sectionType":"section","heading":"Substances to which pt 5A applies","content":"### sec.5A.4 Substances to which pt 5A applies\n\nThis part applies only in relation to the following substances—\nalcohol;\na dangerous drug;\na regulated substance under the Medicines and Poisons Act 2019 that may impair a person’s physical or mental capacity;\nanother substance that may impair a person’s physical or mental capacity.\ns 5A.4 ins 2003 No. 67 s 5\namd 2019 No. 26 s 290 sch 2\n- (a) alcohol;\n- (b) a dangerous drug;\n- (c) a regulated substance under the Medicines and Poisons Act 2019 that may impair a person’s physical or mental capacity;\n- (d) another substance that may impair a person’s physical or mental capacity.","sortOrder":76},{"sectionNumber":"sec.5A.4A","sectionType":"section","heading":"Analysts","content":"### sec.5A.4A Analysts\n\nThe Minister may, by gazette notice, appoint an appropriately qualified person as an analyst for this part.\ns 5A.4A ins 2006 No. 26 s 117\nsub 2022 No. 4 s 18","sortOrder":77},{"sectionNumber":"sec.5A.4B","sectionType":"section","heading":"Operators of saliva analysing instruments","content":"### sec.5A.4B Operators of saliva analysing instruments\n\nThe commissioner may authorise an appropriately qualified officer or staff member to operate a saliva analysing instrument under section 5A .14.\nAn authorisation may be—\ngeneral or limited; and\nAn authorisation may be limited to operating a saliva analysing instrument to analyse samples given by relevant persons of a stated class.\ngiven on the conditions the commissioner considers appropriate.\ns 5A.4B ins 2022 No. 4 s 18\n(sec.5A.4B-ssec.1) The commissioner may authorise an appropriately qualified officer or staff member to operate a saliva analysing instrument under section 5A .14.\n(sec.5A.4B-ssec.2) An authorisation may be— general or limited; and An authorisation may be limited to operating a saliva analysing instrument to analyse samples given by relevant persons of a stated class. given on the conditions the commissioner considers appropriate.\n- (a) general or limited; and Example— An authorisation may be limited to operating a saliva analysing instrument to analyse samples given by relevant persons of a stated class.\n- (b) given on the conditions the commissioner considers appropriate.","sortOrder":78},{"sectionNumber":"sec.5A.5","sectionType":"section","heading":"Part does not affect other powers","content":"### sec.5A.5 Part does not affect other powers\n\nThis part does not affect the commissioner’s powers under section 8 .3.\ns 5A.5 ins 2003 No. 67 s 5","sortOrder":79},{"sectionNumber":"pt.5A-div.2","sectionType":"division","heading":"Provisions about alcohol testing","content":"## Provisions about alcohol testing","sortOrder":80},{"sectionNumber":"sec.5A.6","sectionType":"section","heading":"When is a person over the limit","content":"### sec.5A.6 When is a person over the limit\n\nFor this part—\na person is over the no alcohol limit if the concentration of alcohol in the person’s breath is more than 0g of alcohol in 210L of breath;\na person is over the low alcohol limit if the concentration of alcohol in the person’s breath is, or is more than, 0.02g of alcohol in 210L of breath;\na person is over the general alcohol limit if the concentration of alcohol in the person’s breath is, or is more than, 0.05g of alcohol in 210L of breath.\nFor this Act, the concentration of alcohol in a person’s breath may be expressed as—\na specified number of grams of alcohol in 210L of breath; or\na specified number of grams in 210L.\nThe concentration of alcohol in a person’s breath may be expressed as 0.063g of alcohol in 210L of breath or as 0.063g/210L.\ns 5A.6 ins 2003 No. 67 s 5\n(sec.5A.6-ssec.1) For this part— a person is over the no alcohol limit if the concentration of alcohol in the person’s breath is more than 0g of alcohol in 210L of breath; a person is over the low alcohol limit if the concentration of alcohol in the person’s breath is, or is more than, 0.02g of alcohol in 210L of breath; a person is over the general alcohol limit if the concentration of alcohol in the person’s breath is, or is more than, 0.05g of alcohol in 210L of breath.\n(sec.5A.6-ssec.2) For this Act, the concentration of alcohol in a person’s breath may be expressed as— a specified number of grams of alcohol in 210L of breath; or a specified number of grams in 210L. The concentration of alcohol in a person’s breath may be expressed as 0.063g of alcohol in 210L of breath or as 0.063g/210L.\n- (a) a person is over the no alcohol limit if the concentration of alcohol in the person’s breath is more than 0g of alcohol in 210L of breath;\n- (b) a person is over the low alcohol limit if the concentration of alcohol in the person’s breath is, or is more than, 0.02g of alcohol in 210L of breath;\n- (c) a person is over the general alcohol limit if the concentration of alcohol in the person’s breath is, or is more than, 0.05g of alcohol in 210L of breath.\n- (a) a specified number of grams of alcohol in 210L of breath; or\n- (b) a specified number of grams in 210L.","sortOrder":81},{"sectionNumber":"sec.5A.7","sectionType":"section","heading":"Alcohol limits","content":"### sec.5A.7 Alcohol limits\n\nA relevant person must be under the low alcohol limit—\nwhen reporting for duty for a rostered shift; or\nwhile on duty for a rostered shift; or\nwhile on call on a rotational basis for duty.\nAlso, a relevant person must be under the general alcohol limit when not rostered for duty but permanently on call for duty in a place where there is a police station at which no more than 1 or 2 officers are permanently stationed.\nHowever, if the relevant person is a member of the special emergency response team, the person must not be over the no alcohol limit when reporting for duty, while on duty, or while on call on a rotational basis.\nThis section does not apply to a relevant person who is a police officer to the extent it prevents the person consuming alcohol while performing duties under an exemption under section 5A .9(4).\ns 5A.7 ins 2003 No. 67 s 5\namd 2014 No. 17 s 123\n(sec.5A.7-ssec.1) A relevant person must be under the low alcohol limit— when reporting for duty for a rostered shift; or while on duty for a rostered shift; or while on call on a rotational basis for duty.\n(sec.5A.7-ssec.2) Also, a relevant person must be under the general alcohol limit when not rostered for duty but permanently on call for duty in a place where there is a police station at which no more than 1 or 2 officers are permanently stationed.\n(sec.5A.7-ssec.3) However, if the relevant person is a member of the special emergency response team, the person must not be over the no alcohol limit when reporting for duty, while on duty, or while on call on a rotational basis.\n(sec.5A.7-ssec.4) This section does not apply to a relevant person who is a police officer to the extent it prevents the person consuming alcohol while performing duties under an exemption under section 5A .9(4).\n- (a) when reporting for duty for a rostered shift; or\n- (b) while on duty for a rostered shift; or\n- (c) while on call on a rotational basis for duty.","sortOrder":82},{"sectionNumber":"sec.5A.8","sectionType":"section","heading":"Circumstances for alcohol testing","content":"### sec.5A.8 Circumstances for alcohol testing\n\nAn authorised person may require a relevant person to submit to an alcohol test if—\nthe person has been involved in a critical incident; or\nthe test is authorised under section 5A .9; or\nan authorised person reasonably suspects the person is contravening or has contravened section 5A .7; or\nfor an officer who is an applicant to become an operative, the person is required to undergo a medical examination for deciding the person’s suitability to be an operative.\ns 5A.8 ins 2003 No. 67 s 5\namd 2005 No. 45 s 74 sch 4 ; 2014 No. 17 s 124\n- (a) the person has been involved in a critical incident; or\n- (b) the test is authorised under section 5A .9; or\n- (c) an authorised person reasonably suspects the person is contravening or has contravened section 5A .7; or\n- (d) for an officer who is an applicant to become an operative, the person is required to undergo a medical examination for deciding the person’s suitability to be an operative.","sortOrder":83},{"sectionNumber":"sec.5A.9","sectionType":"section","heading":"Random alcohol testing","content":"### sec.5A.9 Random alcohol testing\n\nAn authorised person may require a relevant person to submit to a random alcohol test.\nHowever, an authorised person other than the commissioner or deputy commissioner may require the relevant person to submit to the test—\nonly with the written approval of the commissioner or deputy commissioner; or\nonly if the test is conducted in accordance with criteria prescribed under a regulation for conducting random alcohol tests without the approval of the commissioner or deputy commissioner.\nFor subsection (2) (b) , a regulation may prescribe the criteria for deciding—\nwhen and where a random alcohol test may be conducted; and\nwhen a random alcohol test may be conducted without the approval of the commissioner or deputy commissioner.\nAlso, the commissioner or deputy commissioner may, in writing, exempt a relevant person or class of relevant person from random alcohol testing, either generally or in particular circumstances.\nThe relevant person may be an operative.\nThe relevant person may be required to consume alcohol at a hotel when keeping a person suspected of engaging in criminal activities under surveillance.\nThe power to approve random alcohol testing under this section can not be delegated.\ns 5A.9 ins 2003 No. 67 s 5\namd 2005 No. 45 s 74 sch 4 ; 2014 No. 17 s 125\n(sec.5A.9-ssec.1) An authorised person may require a relevant person to submit to a random alcohol test.\n(sec.5A.9-ssec.2) However, an authorised person other than the commissioner or deputy commissioner may require the relevant person to submit to the test— only with the written approval of the commissioner or deputy commissioner; or only if the test is conducted in accordance with criteria prescribed under a regulation for conducting random alcohol tests without the approval of the commissioner or deputy commissioner.\n(sec.5A.9-ssec.3) For subsection (2) (b) , a regulation may prescribe the criteria for deciding— when and where a random alcohol test may be conducted; and when a random alcohol test may be conducted without the approval of the commissioner or deputy commissioner.\n(sec.5A.9-ssec.4) Also, the commissioner or deputy commissioner may, in writing, exempt a relevant person or class of relevant person from random alcohol testing, either generally or in particular circumstances. The relevant person may be an operative. The relevant person may be required to consume alcohol at a hotel when keeping a person suspected of engaging in criminal activities under surveillance.\n(sec.5A.9-ssec.5) The power to approve random alcohol testing under this section can not be delegated.\n- (a) only with the written approval of the commissioner or deputy commissioner; or\n- (b) only if the test is conducted in accordance with criteria prescribed under a regulation for conducting random alcohol tests without the approval of the commissioner or deputy commissioner.\n- (a) when and where a random alcohol test may be conducted; and\n- (b) when a random alcohol test may be conducted without the approval of the commissioner or deputy commissioner.\n- 1 The relevant person may be an operative.\n- 2 The relevant person may be required to consume alcohol at a hotel when keeping a person suspected of engaging in criminal activities under surveillance.","sortOrder":84},{"sectionNumber":"sec.5A.10","sectionType":"section","heading":"Providing specimen of breath for alcohol test or random alcohol test","content":"### sec.5A.10 Providing specimen of breath for alcohol test or random alcohol test\n\nIf a relevant person is required to submit to an alcohol test or a random alcohol test under this part, an authorised person may require the relevant person to provide a specimen of breath for the test.\nThe authorised person may require the relevant person to provide the specimen to the authorised person’s satisfaction.\nThe relevant person must comply with a requirement under subsection (2) .\nThe authorised person must perform the test—\nusing an instrument approved by the commissioner for the purpose; and\nin accordance with the manufacturer’s instructions for use of the instrument.\ns 5A.10 ins 2003 No. 67 s 5\namd 2014 No. 17 s 126\n(sec.5A.10-ssec.1) If a relevant person is required to submit to an alcohol test or a random alcohol test under this part, an authorised person may require the relevant person to provide a specimen of breath for the test.\n(sec.5A.10-ssec.2) The authorised person may require the relevant person to provide the specimen to the authorised person’s satisfaction.\n(sec.5A.10-ssec.3) The relevant person must comply with a requirement under subsection (2) .\n(sec.5A.10-ssec.4) The authorised person must perform the test— using an instrument approved by the commissioner for the purpose; and in accordance with the manufacturer’s instructions for use of the instrument.\n- (a) using an instrument approved by the commissioner for the purpose; and\n- (b) in accordance with the manufacturer’s instructions for use of the instrument.","sortOrder":85},{"sectionNumber":"sec.5A.11","sectionType":"section","heading":"Failure to provide specimen of breath","content":"### sec.5A.11 Failure to provide specimen of breath\n\nA relevant person who fails to provide a specimen of breath as required is taken to have been tested for alcohol and to have been over the limit for alcohol applying to the person when the failure happened.\ns 5A.11 ins 2003 No. 67 s 5\namd 2014 No. 17 s 127","sortOrder":86},{"sectionNumber":"pt.5A-div.3","sectionType":"division","heading":"Provisions about drug testing","content":"## Provisions about drug testing","sortOrder":87},{"sectionNumber":"sec.5A.12","sectionType":"section","heading":"Targeted substance levels","content":"### sec.5A.12 Targeted substance levels\n\nA relevant person must not have evidence of a dangerous drug present in the person’s urine or saliva at any time.\nA relevant person, who is lawfully taking a targeted substance mentioned in section 5A .4(c) or (d), must not perform duties in or involving an operational capacity or critical area if the substance impairs the person’s capacity to perform the duties without danger to the person or someone else.\nA relevant person must not have present in the person’s urine or saliva—\nevidence of a targeted substance mentioned in section 5A .4(c) that the person may not lawfully take; or\nevidence of having taken a targeted substance mentioned in section 5A .4(c) or (d) in a way contrary to a direction of a doctor or a recommendation of the manufacturer of the substance.\ns 5A.12 ins 2003 No. 67 s 5\namd 2014 No. 17 s 128 ; 2022 No. 4 s 19\n(sec.5A.12-ssec.1) A relevant person must not have evidence of a dangerous drug present in the person’s urine or saliva at any time.\n(sec.5A.12-ssec.2) A relevant person, who is lawfully taking a targeted substance mentioned in section 5A .4(c) or (d), must not perform duties in or involving an operational capacity or critical area if the substance impairs the person’s capacity to perform the duties without danger to the person or someone else.\n(sec.5A.12-ssec.3) A relevant person must not have present in the person’s urine or saliva— evidence of a targeted substance mentioned in section 5A .4(c) that the person may not lawfully take; or evidence of having taken a targeted substance mentioned in section 5A .4(c) or (d) in a way contrary to a direction of a doctor or a recommendation of the manufacturer of the substance.\n- (a) evidence of a targeted substance mentioned in section 5A .4(c) that the person may not lawfully take; or\n- (b) evidence of having taken a targeted substance mentioned in section 5A .4(c) or (d) in a way contrary to a direction of a doctor or a recommendation of the manufacturer of the substance.","sortOrder":88},{"sectionNumber":"sec.5A.13","sectionType":"section","heading":"Circumstances for targeted substance testing","content":"### sec.5A.13 Circumstances for targeted substance testing\n\nAn authorised person may require a relevant person to submit to a targeted substance test if—\nthe relevant person—\nhas been involved in a critical incident; or\nis an operative; or\nis an officer who is an applicant to become an operative and is required to undergo a medical examination or test for deciding the person’s suitability to be a covert operative; or\nan authorised person reasonably suspects the relevant person is contravening or has contravened section 5A .12.\nAlso, an authorised person may require a person who has been notified of the person’s appointment as a recruit to submit to a targeted substance test before the person starts the training necessary to become an officer.\ns 5A.13 ins 2003 No. 67 s 5\namd 2005 No. 45 s 74 sch 4 ; 2014 No. 17 s 129\n(sec.5A.13-ssec.1) An authorised person may require a relevant person to submit to a targeted substance test if— the relevant person— has been involved in a critical incident; or is an operative; or is an officer who is an applicant to become an operative and is required to undergo a medical examination or test for deciding the person’s suitability to be a covert operative; or an authorised person reasonably suspects the relevant person is contravening or has contravened section 5A .12.\n(sec.5A.13-ssec.2) Also, an authorised person may require a person who has been notified of the person’s appointment as a recruit to submit to a targeted substance test before the person starts the training necessary to become an officer.\n- (a) the relevant person— (i) has been involved in a critical incident; or (ii) is an operative; or (iii) is an officer who is an applicant to become an operative and is required to undergo a medical examination or test for deciding the person’s suitability to be a covert operative; or\n- (i) has been involved in a critical incident; or\n- (ii) is an operative; or\n- (iii) is an officer who is an applicant to become an operative and is required to undergo a medical examination or test for deciding the person’s suitability to be a covert operative; or\n- (b) an authorised person reasonably suspects the relevant person is contravening or has contravened section 5A .12.\n- (i) has been involved in a critical incident; or\n- (ii) is an operative; or\n- (iii) is an officer who is an applicant to become an operative and is required to undergo a medical examination or test for deciding the person’s suitability to be a covert operative; or","sortOrder":89},{"sectionNumber":"sec.5A.14","sectionType":"section","heading":"Providing specimen for targeted substance test","content":"### sec.5A.14 Providing specimen for targeted substance test\n\nIf a relevant person is required to submit to a targeted substance test under this part, an authorised person may require the relevant person to provide a specimen of urine or saliva to an authorised tester, at a stated time and place, for the test.\nIf the specimen is required because of section 5A .13(1)(a)(i), the requirement must be made, and the stated time for providing the specimen must be, as soon as practicable after the critical incident happened.\nAn authorised tester may give the relevant person a direction about how the specimen is to be provided or about providing a sufficient specimen for testing.\nHowever, a direction must be—\nreasonably necessary; and\nconsistent with any requirements prescribed under subsection (6) .\nAs soon as practicable after a specimen is collected under this section, the specimen must be dealt with in the way prescribed under subsection (6) .\nA regulation may prescribe requirements about collecting and dealing with specimens under this section.\nIn this section—\nauthorised tester means—\nfor a specimen of urine given by a relevant person—a doctor or registered nurse; or\nfor a specimen of saliva given by a relevant person—an officer or staff member authorised under section 5A .4A to operate a saliva analysing instrument to analyse a sample given by the relevant person.\nregistered nurse means a person registered under the Health Practitioner Regulation National Law —\nto practise in the nursing profession, other than as a student; and\nin the registered nurses division of that profession.\ns 5A.14 ins 2003 No. 67 s 5\namd 2005 No. 17 s 26 ; 2010 No. 14 s 124 sch ; 2014 No. 17 s 130 ; 2017 No. 32 s 87 (2) s ch 1 pt 2\nsub 2022 No. 4 s 20\n(sec.5A.14-ssec.1) If a relevant person is required to submit to a targeted substance test under this part, an authorised person may require the relevant person to provide a specimen of urine or saliva to an authorised tester, at a stated time and place, for the test.\n(sec.5A.14-ssec.2) If the specimen is required because of section 5A .13(1)(a)(i), the requirement must be made, and the stated time for providing the specimen must be, as soon as practicable after the critical incident happened.\n(sec.5A.14-ssec.3) An authorised tester may give the relevant person a direction about how the specimen is to be provided or about providing a sufficient specimen for testing.\n(sec.5A.14-ssec.4) However, a direction must be— reasonably necessary; and consistent with any requirements prescribed under subsection (6) .\n(sec.5A.14-ssec.5) As soon as practicable after a specimen is collected under this section, the specimen must be dealt with in the way prescribed under subsection (6) .\n(sec.5A.14-ssec.6) A regulation may prescribe requirements about collecting and dealing with specimens under this section.\n(sec.5A.14-ssec.7) In this section— authorised tester means— for a specimen of urine given by a relevant person—a doctor or registered nurse; or for a specimen of saliva given by a relevant person—an officer or staff member authorised under section 5A .4A to operate a saliva analysing instrument to analyse a sample given by the relevant person. registered nurse means a person registered under the Health Practitioner Regulation National Law — to practise in the nursing profession, other than as a student; and in the registered nurses division of that profession.\n- (i) reasonably necessary; and\n- (ii) consistent with any requirements prescribed under subsection (6) .\n- (a) for a specimen of urine given by a relevant person—a doctor or registered nurse; or\n- (b) for a specimen of saliva given by a relevant person—an officer or staff member authorised under section 5A .4A to operate a saliva analysing instrument to analyse a sample given by the relevant person.\n- (a) to practise in the nursing profession, other than as a student; and\n- (b) in the registered nurses division of that profession.","sortOrder":90},{"sectionNumber":"sec.5A.15","sectionType":"section","heading":"Effect of failure to provide a specimen","content":"### sec.5A.15 Effect of failure to provide a specimen\n\nThis section applies to a relevant person who—\nis required to provide a specimen of urine or saliva under section 5A .14; and\nfails to provide a specimen in compliance with the requirement and any directions given by an authorised tester under that section.\nHowever, this section does not apply to a relevant person who is unable to provide the required specimen because of a medical condition.\nThe relevant person is taken to have been tested for a targeted substance and to have been found to have had evidence of a targeted substance in the person’s saliva or urine (whichever is relevant).\ns 5A.15 ins 2003 No. 67 s 5\namd 2014 No. 17 s 131\nsub 2022 No. 4 s 20\n(sec.5A.15-ssec.1) This section applies to a relevant person who— is required to provide a specimen of urine or saliva under section 5A .14; and fails to provide a specimen in compliance with the requirement and any directions given by an authorised tester under that section.\n(sec.5A.15-ssec.2) However, this section does not apply to a relevant person who is unable to provide the required specimen because of a medical condition.\n(sec.5A.15-ssec.3) The relevant person is taken to have been tested for a targeted substance and to have been found to have had evidence of a targeted substance in the person’s saliva or urine (whichever is relevant).\n- (a) is required to provide a specimen of urine or saliva under section 5A .14; and\n- (b) fails to provide a specimen in compliance with the requirement and any directions given by an authorised tester under that section.","sortOrder":91},{"sectionNumber":"pt.5A-div.4","sectionType":"division","heading":"What happens if a test result is positive","content":"## What happens if a test result is positive","sortOrder":92},{"sectionNumber":"sec.5A.16","sectionType":"section","heading":"If alcohol or targeted substance test positive","content":"### sec.5A.16 If alcohol or targeted substance test positive\n\nThis section applies if a test conducted under this part shows a relevant person, when tested—\nwas over the limit applying to the person when the test was conducted; or\nhad evidence of a targeted substance in the person’s urine or saliva.\nThe commissioner may do any 1 or more of the following—\nsuspend the relevant person from duty until the person is no longer over the relevant alcohol limit or no longer has evidence of a targeted substance in the person’s urine or saliva;\ncorrect the relevant person by way of guidance;\nrequire the relevant person to undergo counselling or rehabilitation approved by the commissioner;\nrequire the relevant person to attend a government medical officer for a medical examination of the person’s fitness to continue to perform the person’s current duties;\nafter considering a report of a government medical officer about a medical examination under paragraph (d) , direct the relevant person to perform other duties for the time the commissioner considers necessary;\ntake disciplinary or other action against the relevant person under whichever of the following is relevant—\nthis Act;\nthe Public Sector Act 2022 ;\nrequire the relevant person to submit to further testing from time to time until the commissioner is satisfied the reason for making the requirement no longer exists.\naction that may be taken under section 6 0.1\nSubsection (2) (a) , (b) , (c) and (f) do not apply to a targeted substance mentioned in section 5A .12(2).\nA relevant person directed to perform other duties under subsection (2) (e) is entitled to be paid salary and allowances at the rate at which the person would have been paid had the person not been directed to perform the other duties.\nA government medical officer who prepares a report about a medical examination of a relevant person may give the report to the commissioner.\ns 5A.16 ins 2003 No. 67 s 5\namd 2009 No. 25 s 83 sch ; 2014 No. 17 s 132 ; 2022 No. 4 s 21 ; 2022 No. 34 s 365 sch 3\n(sec.5A.16-ssec.1) This section applies if a test conducted under this part shows a relevant person, when tested— was over the limit applying to the person when the test was conducted; or had evidence of a targeted substance in the person’s urine or saliva.\n(sec.5A.16-ssec.2) The commissioner may do any 1 or more of the following— suspend the relevant person from duty until the person is no longer over the relevant alcohol limit or no longer has evidence of a targeted substance in the person’s urine or saliva; correct the relevant person by way of guidance; require the relevant person to undergo counselling or rehabilitation approved by the commissioner; require the relevant person to attend a government medical officer for a medical examination of the person’s fitness to continue to perform the person’s current duties; after considering a report of a government medical officer about a medical examination under paragraph (d) , direct the relevant person to perform other duties for the time the commissioner considers necessary; take disciplinary or other action against the relevant person under whichever of the following is relevant— this Act; the Public Sector Act 2022 ; require the relevant person to submit to further testing from time to time until the commissioner is satisfied the reason for making the requirement no longer exists. action that may be taken under section 6 0.1\n(sec.5A.16-ssec.3) Subsection (2) (a) , (b) , (c) and (f) do not apply to a targeted substance mentioned in section 5A .12(2).\n(sec.5A.16-ssec.4) A relevant person directed to perform other duties under subsection (2) (e) is entitled to be paid salary and allowances at the rate at which the person would have been paid had the person not been directed to perform the other duties.\n(sec.5A.16-ssec.5) A government medical officer who prepares a report about a medical examination of a relevant person may give the report to the commissioner.\n- (a) was over the limit applying to the person when the test was conducted; or\n- (b) had evidence of a targeted substance in the person’s urine or saliva.\n- (a) suspend the relevant person from duty until the person is no longer over the relevant alcohol limit or no longer has evidence of a targeted substance in the person’s urine or saliva;\n- (b) correct the relevant person by way of guidance;\n- (c) require the relevant person to undergo counselling or rehabilitation approved by the commissioner;\n- (d) require the relevant person to attend a government medical officer for a medical examination of the person’s fitness to continue to perform the person’s current duties;\n- (e) after considering a report of a government medical officer about a medical examination under paragraph (d) , direct the relevant person to perform other duties for the time the commissioner considers necessary;\n- (f) take disciplinary or other action against the relevant person under whichever of the following is relevant— (i) this Act; (ii) the Public Sector Act 2022 ;\n- (i) this Act;\n- (ii) the Public Sector Act 2022 ;\n- (g) require the relevant person to submit to further testing from time to time until the commissioner is satisfied the reason for making the requirement no longer exists. Example of other action for paragraph (f) — action that may be taken under section 6 0.1\n- (i) this Act;\n- (ii) the Public Sector Act 2022 ;","sortOrder":93},{"sectionNumber":"sec.5A.17","sectionType":"section","heading":"Effect of failure to comply","content":"### sec.5A.17 Effect of failure to comply\n\nThis section applies if a relevant person—\nfails to attend or complete counselling or rehabilitation under a requirement under section 5A .16(2)(c); or\nfails to attend a government medical officer for medical examination under a requirement under section 5A .16(2)(d).\nThe commissioner may take disciplinary action against the person under whichever of the following is relevant—\nthis Act;\nthe Public Sector Act 2022 .\ns 5A.17 ins 2003 No. 67 s 5\namd 2009 No. 25 s 83 sch ; 2014 No. 17 s 133 ; 2022 No. 34 s 365 sch 3\n(sec.5A.17-ssec.1) This section applies if a relevant person— fails to attend or complete counselling or rehabilitation under a requirement under section 5A .16(2)(c); or fails to attend a government medical officer for medical examination under a requirement under section 5A .16(2)(d).\n(sec.5A.17-ssec.2) The commissioner may take disciplinary action against the person under whichever of the following is relevant— this Act; the Public Sector Act 2022 .\n- (a) fails to attend or complete counselling or rehabilitation under a requirement under section 5A .16(2)(c); or\n- (b) fails to attend a government medical officer for medical examination under a requirement under section 5A .16(2)(d).\n- (a) this Act;\n- (b) the Public Sector Act 2022 .","sortOrder":94},{"sectionNumber":"pt.5A-div.5","sectionType":"division","heading":"General","content":"## General","sortOrder":95},{"sectionNumber":"sec.5A.18","sectionType":"section","heading":"Giving requirements","content":"### sec.5A.18 Giving requirements\n\nA requirement under this part may be given orally or in writing or by any form of electronic communication.\ns 5A.18 ins 2003 No. 67 s 5","sortOrder":96},{"sectionNumber":"sec.5A.19","sectionType":"section","heading":"Interfering with specimens","content":"### sec.5A.19 Interfering with specimens\n\nA person must not unlawfully interfere with a specimen of breath, urine or saliva provided under this part.\nMaximum penalty—100 penalty units.\ns 5A.19 ins 2003 No. 67 s 5\namd 2022 No. 4 s 22","sortOrder":97},{"sectionNumber":"sec.5A.20","sectionType":"section","heading":"Test result evidence generally inadmissible","content":"### sec.5A.20 Test result evidence generally inadmissible\n\nEvidence of—\nanything done under this part; and\nthe result of any test conducted under this part;\nis inadmissible in a civil or criminal proceeding before a court.\nWithout limiting subsection (1) , evidence of any of the following is inadmissible in a civil or criminal proceeding before a court—\nan approval given to conduct a random alcohol test;\na requirement made under division 2 , 3 or 4 ;\na direction given by a person under division 3 ;\na disclosure made or an agreement entered into under section 5A .21A.\nAlso, the commissioner and anyone else involved in any way in anything done under this part can not be compelled to produce to a court any document kept or to disclose to a court any information obtained because of the doing of the thing.\nThis section does not apply to—\na proceeding for a charge of an offence arising from a critical incident; or\nan inquest in a Coroners Court into the death of a person in a critical incident; or\na proceeding on an application under the Industrial Relations Act 2016 , section 317 for reinstatement because of unfair dismissal.\nAlso, this section does not prevent the commissioner giving a witness identity protection certificate under the Evidence Act 1977 , section 21F that includes matters mentioned in section 21G (1) (h) of that Act in relation to a person who has been found guilty of misconduct or another ground for disciplinary action because of the testing of the person under this part.\ns 5A.20 ins 2003 No. 67 s 5\namd 2005 No. 17 s 27 ; 2006 No. 58 s 5 ; 2016 No. 63 s 1157 sch 6 ; 2019 No. 32 s 32 sch 1\n(sec.5A.20-ssec.1) Evidence of— anything done under this part; and the result of any test conducted under this part; is inadmissible in a civil or criminal proceeding before a court.\n(sec.5A.20-ssec.2) Without limiting subsection (1) , evidence of any of the following is inadmissible in a civil or criminal proceeding before a court— an approval given to conduct a random alcohol test; a requirement made under division 2 , 3 or 4 ; a direction given by a person under division 3 ; a disclosure made or an agreement entered into under section 5A .21A.\n(sec.5A.20-ssec.3) Also, the commissioner and anyone else involved in any way in anything done under this part can not be compelled to produce to a court any document kept or to disclose to a court any information obtained because of the doing of the thing.\n(sec.5A.20-ssec.4) This section does not apply to— a proceeding for a charge of an offence arising from a critical incident; or an inquest in a Coroners Court into the death of a person in a critical incident; or a proceeding on an application under the Industrial Relations Act 2016 , section 317 for reinstatement because of unfair dismissal.\n(sec.5A.20-ssec.5) Also, this section does not prevent the commissioner giving a witness identity protection certificate under the Evidence Act 1977 , section 21F that includes matters mentioned in section 21G (1) (h) of that Act in relation to a person who has been found guilty of misconduct or another ground for disciplinary action because of the testing of the person under this part.\n- (a) anything done under this part; and\n- (b) the result of any test conducted under this part;\n- (a) an approval given to conduct a random alcohol test;\n- (b) a requirement made under division 2 , 3 or 4 ;\n- (c) a direction given by a person under division 3 ;\n- (d) a disclosure made or an agreement entered into under section 5A .21A.\n- (a) a proceeding for a charge of an offence arising from a critical incident; or\n- (b) an inquest in a Coroners Court into the death of a person in a critical incident; or\n- (c) a proceeding on an application under the Industrial Relations Act 2016 , section 317 for reinstatement because of unfair dismissal.","sortOrder":98},{"sectionNumber":"sec.5A.21","sectionType":"section","heading":"Evidentiary provision","content":"### sec.5A.21 Evidentiary provision\n\nA certificate apparently signed by an analyst and stating the following is evidence of what it states—\na specimen of urine or saliva provided by a stated person on a stated day and at a stated place was received from a stated authorised person at the analyst’s laboratory on a stated day and time;\nthe analyst made a laboratory test of the specimen on a stated day and at the stated place;\na stated targeted substance or a metabolite of a stated targeted substance was indicated by the laboratory test to be present in the person’s urine or saliva.\nA certificate apparently signed by a government medical officer and stating that the presence of a stated targeted substance in a person impairs or may impair the person’s capacity to perform the person’s duties without danger to the person or others is evidence of what it states.\nA certificate apparently signed by the commissioner and stating either of the following is evidence of what it states—\nat a stated time a stated officer performed duties in an operational capacity in a critical area;\nat a stated time a stated staff member performed duties involving a critical area.\ns 5A.21 ins 2003 No. 67 s 5\namd 2022 No. 4 s 23\n(sec.5A.21-ssec.1) A certificate apparently signed by an analyst and stating the following is evidence of what it states— a specimen of urine or saliva provided by a stated person on a stated day and at a stated place was received from a stated authorised person at the analyst’s laboratory on a stated day and time; the analyst made a laboratory test of the specimen on a stated day and at the stated place; a stated targeted substance or a metabolite of a stated targeted substance was indicated by the laboratory test to be present in the person’s urine or saliva.\n(sec.5A.21-ssec.2) A certificate apparently signed by a government medical officer and stating that the presence of a stated targeted substance in a person impairs or may impair the person’s capacity to perform the person’s duties without danger to the person or others is evidence of what it states.\n(sec.5A.21-ssec.3) A certificate apparently signed by the commissioner and stating either of the following is evidence of what it states— at a stated time a stated officer performed duties in an operational capacity in a critical area; at a stated time a stated staff member performed duties involving a critical area.\n- (a) a specimen of urine or saliva provided by a stated person on a stated day and at a stated place was received from a stated authorised person at the analyst’s laboratory on a stated day and time;\n- (b) the analyst made a laboratory test of the specimen on a stated day and at the stated place;\n- (c) a stated targeted substance or a metabolite of a stated targeted substance was indicated by the laboratory test to be present in the person’s urine or saliva.\n- (a) at a stated time a stated officer performed duties in an operational capacity in a critical area;\n- (b) at a stated time a stated staff member performed duties involving a critical area.","sortOrder":99},{"sectionNumber":"sec.5A.21A","sectionType":"section","heading":"Agreements about counselling and rehabilitation","content":"### sec.5A.21A Agreements about counselling and rehabilitation\n\nAn eligible member of the service may make a written request to a person prescribed by regulation (a prescribed person ) for the provision of counselling or rehabilitation about the member’s personal use of alcohol or a drug.\nIf a prescribed person receives a request under subsection (1) , the prescribed person must forward the written request to the eligible member who may enter into an agreement for providing counselling or rehabilitation.\nThe commissioner may enter into an agreement to provide to the eligible member the counselling or rehabilitation approved by the commissioner.\nThe commissioner must not use information disclosed by a member under this section for the purposes of disciplinary or other action against the member under this Act or the Public Sector Act 2022 .\nAlso, the commissioner must not disclose information in the possession of the commissioner because of a request or agreement made under this section other than—\nfor the purposes of the agreement; or\nto the extent the commissioner considers reasonably necessary to prevent or lessen a serious threat to the public or to health or safety of the member who disclosed the information; or\nfor the purposes of a claim for compensation under the Workers’ Compensation and Rehabilitation Act 2003 ; or\nif the information relates to a member who is an officer—for the purposes of section 6 .1(1)(c) or 8.3.\nA regulation may prescribe the matters that must be included in an agreement under this section.\nIn this section—\neligible member means a member of the service, other than—\nan MRQ volunteer; or\nan SES local government employee; or\nan SES volunteer.\ns 5A.21A ins 2005 No. 17 s 28\namd 2009 No. 25 s 83 sch\nsub 2014 No. 17 s 134\namd 2016 No. 43 s 23 ; 2021 No. 12 s 185 ; 2022 No. 34 s 365 sch 3 ; 2024 No. 18 s 27\n(sec.5A.21A-ssec.1) An eligible member of the service may make a written request to a person prescribed by regulation (a prescribed person ) for the provision of counselling or rehabilitation about the member’s personal use of alcohol or a drug.\n(sec.5A.21A-ssec.2) If a prescribed person receives a request under subsection (1) , the prescribed person must forward the written request to the eligible member who may enter into an agreement for providing counselling or rehabilitation.\n(sec.5A.21A-ssec.3) The commissioner may enter into an agreement to provide to the eligible member the counselling or rehabilitation approved by the commissioner.\n(sec.5A.21A-ssec.4) The commissioner must not use information disclosed by a member under this section for the purposes of disciplinary or other action against the member under this Act or the Public Sector Act 2022 .\n(sec.5A.21A-ssec.5) Also, the commissioner must not disclose information in the possession of the commissioner because of a request or agreement made under this section other than— for the purposes of the agreement; or to the extent the commissioner considers reasonably necessary to prevent or lessen a serious threat to the public or to health or safety of the member who disclosed the information; or for the purposes of a claim for compensation under the Workers’ Compensation and Rehabilitation Act 2003 ; or if the information relates to a member who is an officer—for the purposes of section 6 .1(1)(c) or 8.3.\n(sec.5A.21A-ssec.6) A regulation may prescribe the matters that must be included in an agreement under this section.\n(sec.5A.21A-ssec.7) In this section— eligible member means a member of the service, other than— an MRQ volunteer; or an SES local government employee; or an SES volunteer.\n- (a) for the purposes of the agreement; or\n- (b) to the extent the commissioner considers reasonably necessary to prevent or lessen a serious threat to the public or to health or safety of the member who disclosed the information; or\n- (c) for the purposes of a claim for compensation under the Workers’ Compensation and Rehabilitation Act 2003 ; or\n- (d) if the information relates to a member who is an officer—for the purposes of section 6 .1(1)(c) or 8.3.\n- (a) an MRQ volunteer; or\n- (b) an SES local government employee; or\n- (c) an SES volunteer.","sortOrder":100},{"sectionNumber":"sec.5A.22","sectionType":"section","heading":null,"content":"### Section sec.5A.22\n\ns 5A.22 ins 2003 No. 67 s 5\nom 2009 No. 13 s 213 sch 5","sortOrder":101},{"sectionNumber":"sec.5A.23","sectionType":"section","heading":"Limitation on disciplinary proceedings","content":"### sec.5A.23 Limitation on disciplinary proceedings\n\nIf 2 or more contraventions of this part by a particular relevant person arise out of the same facts or circumstances, a disciplinary proceeding against the relevant person may be started for 1 disciplinary offence only.\nIn this section—\ndisciplinary proceeding includes a proceeding against a former officer under part 7A .\ns 5A.23 ins 2003 No. 67 s 5\namd 2014 No. 17 s 135 ; 2019 No. 32 s 4\n(sec.5A.23-ssec.1) If 2 or more contraventions of this part by a particular relevant person arise out of the same facts or circumstances, a disciplinary proceeding against the relevant person may be started for 1 disciplinary offence only.\n(sec.5A.23-ssec.2) In this section— disciplinary proceeding includes a proceeding against a former officer under part 7A .","sortOrder":102},{"sectionNumber":"pt.5AA","sectionType":"part","heading":"Assessment of suitability of persons seeking to be engaged, or engaged, by the service","content":"# Assessment of suitability of persons seeking to be engaged, or engaged, by the service","sortOrder":103},{"sectionNumber":"pt.5AA-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":104},{"sectionNumber":"sec.5AA.1","sectionType":"section","heading":"Purpose of pt 5AA","content":"### sec.5AA.1 Purpose of pt 5AA\n\nThe purpose of this part is to ensure the commissioner—\nmay gather all the relevant information the commissioner needs about a person engaged or seeking to be engaged by the service; and\nmay use the information to assess the person’s suitability to be, or continue to be, engaged by the service.\ns 5AA.1 ins 2003 No. 92 s 32\n- (a) may gather all the relevant information the commissioner needs about a person engaged or seeking to be engaged by the service; and\n- (b) may use the information to assess the person’s suitability to be, or continue to be, engaged by the service.","sortOrder":105},{"sectionNumber":"sec.5AA.1A","sectionType":"section","heading":"Definition for pt 5AA","content":"### sec.5AA.1A Definition for pt 5AA\n\nIn this part—\ncriminal history , of a person—\nmeans the person’s convictions in relation to offences committed in Queensland or elsewhere; and\nincludes information about offences of any kind alleged to have been committed, in Queensland or elsewhere, by the person.\ns 5AA.1A ins 2009 No. 48 s 63\n- (a) means the person’s convictions in relation to offences committed in Queensland or elsewhere; and\n- (b) includes information about offences of any kind alleged to have been committed, in Queensland or elsewhere, by the person.","sortOrder":106},{"sectionNumber":"sec.5AA.2","sectionType":"section","heading":"Parliament’s intention","content":"### sec.5AA.2 Parliament’s intention\n\nIt is Parliament’s intention that relevant information about a person that is obtained by the commissioner under this part is to be used only for assessing the person’s suitability to be, or continue to be, engaged by the service.\nHowever, it is not Parliament’s intention to prevent the commissioner using information obtained under this part that discloses the commission of an offence, or is, or leads to, the discovery of evidence of the commission of an offence, for an investigation into the offence and any proceeding started or facilitated because of the investigation.\ns 5AA.2 ins 2003 No. 92 s 32\n(sec.5AA.2-ssec.1) It is Parliament’s intention that relevant information about a person that is obtained by the commissioner under this part is to be used only for assessing the person’s suitability to be, or continue to be, engaged by the service.\n(sec.5AA.2-ssec.2) However, it is not Parliament’s intention to prevent the commissioner using information obtained under this part that discloses the commission of an offence, or is, or leads to, the discovery of evidence of the commission of an offence, for an investigation into the offence and any proceeding started or facilitated because of the investigation.","sortOrder":107},{"sectionNumber":"sec.5AA.3","sectionType":"section","heading":"Meaning of engaged by the service","content":"### sec.5AA.3 Meaning of engaged by the service\n\nA person is engaged by the service for this part if the person is 1 of the following—\na police officer;\na staff member;\na recruit;\na special constable;\nan external service provider;\na person performing functions at a police station or police establishment under a contract for services;\na person working in the service as a volunteer under section 10 .5(6) or as a student on work experience.\ns 5AA.3 ins 2003 No. 92 s 32\namd 2014 No. 17 s 136 ; 2021 No. 12 s 186 ; 2024 No. 18 s 28\n- (a) a police officer;\n- (b) a staff member;\n- (c) a recruit;\n- (d) a special constable;\n- (e) an external service provider;\n- (f) a person performing functions at a police station or police establishment under a contract for services;\n- (g) a person working in the service as a volunteer under section 10 .5(6) or as a student on work experience.","sortOrder":108},{"sectionNumber":"sec.5AA.4","sectionType":"section","heading":"This part applies despite the Criminal Law (Rehabilitation of Offenders) Act 1986","content":"### sec.5AA.4 This part applies despite the Criminal Law (Rehabilitation of Offenders) Act 1986\n\nThis part applies to a person despite anything in the Criminal Law (Rehabilitation of Offenders) Act 1986 .\ns 5AA.4 ins 2003 No. 92 s 32","sortOrder":109},{"sectionNumber":"sec.5AA.5","sectionType":"section","heading":"Person to be advised of duties of disclosure etc.","content":"### sec.5AA.5 Person to be advised of duties of disclosure etc.\n\nBefore a person, other than an external service provider, is engaged by the service, the commissioner must, if the commissioner considers the terms of the engagement require it—\ntell the person—\nof the person’s duty to disclose relevant information under division 2 ; and\nthat the commissioner may obtain and consider relevant information about the person under divisions 3 and 4 ; and\ngive the person a copy of the guidelines for dealing with relevant information obtained by the commissioner under this part.\nSubsections (3) and (4) apply if the chief executive officer (a relevant CEO ) of another entity becomes aware a person employed or engaged by the entity is an external service provider.\nThe relevant CEO must—\ntell the person—\nthe person is or, if employed, will be engaged by the service for this part; and\nof the person’s duty to disclose relevant information under division 2 ; and\nthat the commissioner may—\nobtain and consider relevant information about the person under divisions 3 and 4 ; and\ndisclose relevant information to the relevant CEO under division 4 ; and\ngive the person a copy of the guidelines issued by the commissioner for dealing with relevant information obtained by the commissioner under this part.\nThe information required to be given to the person under subsection (3) must be given as soon as practicable after the relevant CEO becomes aware the person is an external service provider.\ns 5AA.5 ins 2003 No. 92 s 32\namd 2014 No. 17 s 137 ; 2016 No. 43 s 23 ; 2021 No. 12 s 187\n(sec.5AA.5-ssec.1) Before a person, other than an external service provider, is engaged by the service, the commissioner must, if the commissioner considers the terms of the engagement require it— tell the person— of the person’s duty to disclose relevant information under division 2 ; and that the commissioner may obtain and consider relevant information about the person under divisions 3 and 4 ; and give the person a copy of the guidelines for dealing with relevant information obtained by the commissioner under this part.\n(sec.5AA.5-ssec.2) Subsections (3) and (4) apply if the chief executive officer (a relevant CEO ) of another entity becomes aware a person employed or engaged by the entity is an external service provider.\n(sec.5AA.5-ssec.3) The relevant CEO must— tell the person— the person is or, if employed, will be engaged by the service for this part; and of the person’s duty to disclose relevant information under division 2 ; and that the commissioner may— obtain and consider relevant information about the person under divisions 3 and 4 ; and disclose relevant information to the relevant CEO under division 4 ; and give the person a copy of the guidelines issued by the commissioner for dealing with relevant information obtained by the commissioner under this part.\n(sec.5AA.5-ssec.4) The information required to be given to the person under subsection (3) must be given as soon as practicable after the relevant CEO becomes aware the person is an external service provider.\n- (a) tell the person— (i) of the person’s duty to disclose relevant information under division 2 ; and (ii) that the commissioner may obtain and consider relevant information about the person under divisions 3 and 4 ; and\n- (i) of the person’s duty to disclose relevant information under division 2 ; and\n- (ii) that the commissioner may obtain and consider relevant information about the person under divisions 3 and 4 ; and\n- (b) give the person a copy of the guidelines for dealing with relevant information obtained by the commissioner under this part.\n- (i) of the person’s duty to disclose relevant information under division 2 ; and\n- (ii) that the commissioner may obtain and consider relevant information about the person under divisions 3 and 4 ; and\n- (a) tell the person— (i) the person is or, if employed, will be engaged by the service for this part; and (ii) of the person’s duty to disclose relevant information under division 2 ; and (iii) that the commissioner may— (A) obtain and consider relevant information about the person under divisions 3 and 4 ; and (B) disclose relevant information to the relevant CEO under division 4 ; and\n- (i) the person is or, if employed, will be engaged by the service for this part; and\n- (ii) of the person’s duty to disclose relevant information under division 2 ; and\n- (iii) that the commissioner may— (A) obtain and consider relevant information about the person under divisions 3 and 4 ; and (B) disclose relevant information to the relevant CEO under division 4 ; and\n- (A) obtain and consider relevant information about the person under divisions 3 and 4 ; and\n- (B) disclose relevant information to the relevant CEO under division 4 ; and\n- (b) give the person a copy of the guidelines issued by the commissioner for dealing with relevant information obtained by the commissioner under this part.\n- (i) the person is or, if employed, will be engaged by the service for this part; and\n- (ii) of the person’s duty to disclose relevant information under division 2 ; and\n- (iii) that the commissioner may— (A) obtain and consider relevant information about the person under divisions 3 and 4 ; and (B) disclose relevant information to the relevant CEO under division 4 ; and\n- (A) obtain and consider relevant information about the person under divisions 3 and 4 ; and\n- (B) disclose relevant information to the relevant CEO under division 4 ; and\n- (A) obtain and consider relevant information about the person under divisions 3 and 4 ; and\n- (B) disclose relevant information to the relevant CEO under division 4 ; and","sortOrder":110},{"sectionNumber":"pt.5AA-div.2","sectionType":"division","heading":"Disclosure of relevant information","content":"## Disclosure of relevant information","sortOrder":111},{"sectionNumber":"sec.5AA.6","sectionType":"section","heading":"Persons engaged or seeking to be engaged by the service must disclose relevant information","content":"### sec.5AA.6 Persons engaged or seeking to be engaged by the service must disclose relevant information\n\nEach of the following must, if required by the commissioner, disclose to the commissioner in the way approved by the commissioner any relevant information known to the person that may affect the person’s suitability to be engaged by the service—\na person engaged by the service;\na person seeking to be engaged by the service.\nA person required to disclose information under subsection (1) (b) must disclose the information before being engaged by the service.\ns 5AA.6 ins 2003 No. 92 s 32\namd 2023 No. 7 s 30\n(sec.5AA.6-ssec.1) Each of the following must, if required by the commissioner, disclose to the commissioner in the way approved by the commissioner any relevant information known to the person that may affect the person’s suitability to be engaged by the service— a person engaged by the service; a person seeking to be engaged by the service.\n(sec.5AA.6-ssec.2) A person required to disclose information under subsection (1) (b) must disclose the information before being engaged by the service.\n- (a) a person engaged by the service;\n- (b) a person seeking to be engaged by the service.","sortOrder":112},{"sectionNumber":"sec.5AA.7","sectionType":"section","heading":"Persons engaged by the service must disclose changes in relevant information","content":"### sec.5AA.7 Persons engaged by the service must disclose changes in relevant information\n\nIf a person engaged by the service is aware that there is a change in relevant information about the person, the person must immediately disclose to the commissioner in the way approved by the commissioner the details of the change.\nFor some persons engaged by the service, a failure to disclose a change in relevant information of which the person is aware may become the subject of disciplinary proceedings.\ns 5AA.7 ins 2003 No. 92 s 32\namd 2023 No. 7 s 31","sortOrder":113},{"sectionNumber":"sec.5AA.8","sectionType":"section","heading":null,"content":"### Section sec.5AA.8\n\ns 5AA.8 ins 2003 No. 92 s 32\namd 2009 No. 25 s 35\nom 2023 No. 7 s 32","sortOrder":114},{"sectionNumber":"pt.5AA-div.3","sectionType":"division","heading":"Commissioner may obtain relevant information from other entities","content":"## Commissioner may obtain relevant information from other entities","sortOrder":115},{"sectionNumber":"sec.5AA.9","sectionType":"section","heading":"Commissioner may request information from other authorities","content":"### sec.5AA.9 Commissioner may request information from other authorities\n\nThis section applies to a person who—\nis engaged by the service; or\nseeks to be engaged by the service and has given the commissioner a disclosure for the purposes of division 2 .\nAlso, this section applies even though the disclosure does not state any relevant information about the person.\nThe commissioner may ask another law enforcement agency, whether a declared agency, or a law enforcement agency of another country that has an obligation under the law of that country to assess the integrity of persons employed or engaged by the government of that country, to give the commissioner a report that includes relevant information about the person.\ns 5AA.9 ins 2003 No. 92 s 32\namd 2008 No. 49 s 5\n(sec.5AA.9-ssec.1) This section applies to a person who— is engaged by the service; or seeks to be engaged by the service and has given the commissioner a disclosure for the purposes of division 2 .\n(sec.5AA.9-ssec.2) Also, this section applies even though the disclosure does not state any relevant information about the person.\n(sec.5AA.9-ssec.3) The commissioner may ask another law enforcement agency, whether a declared agency, or a law enforcement agency of another country that has an obligation under the law of that country to assess the integrity of persons employed or engaged by the government of that country, to give the commissioner a report that includes relevant information about the person.\n- (a) is engaged by the service; or\n- (b) seeks to be engaged by the service and has given the commissioner a disclosure for the purposes of division 2 .","sortOrder":116},{"sectionNumber":"sec.5AA.10","sectionType":"section","heading":"Prosecuting authority to notify commissioner about committal, conviction etc.","content":"### sec.5AA.10 Prosecuting authority to notify commissioner about committal, conviction etc.\n\nThis section applies if a person is charged with an indictable offence and the director of public prosecutions is aware that the person is engaged by the service.\nThe director of public prosecutions must give the commissioner written notice of the person’s name and the following particulars within 7 days after the director of public prosecutions becomes aware of the particulars—\nif the person is committed by a court for trial for an indictable offence—\nthe court committing the person for trial; and\nparticulars of the offence with which the person is charged; and\nthe date of the committal; and\nthe court to which the person was committed;\nif the person is convicted before the Supreme Court or the District Court of an indictable offence—\nthe court convicting the person; and\nparticulars of the offence; and\nthe date of the conviction; and\nthe sentence imposed by the court;\nif the person is convicted of an indictable offence, and has appealed the conviction, and the appeal is finally decided or has otherwise ended—\nparticulars of the offence of which the person is convicted; and\nthe date the appeal was decided or otherwise ended; and\nif the appeal was decided—\nthe court in which it was decided; and\nparticulars of the decision;\nif the prosecution process ends without the person being convicted of an indictable offence—\nif relevant—the court in which the prosecution process ended; and\nparticulars of the offence with which the person was charged; and\nthe date the prosecution process ended.\nFor subsection (2) (d) , a prosecution process ends if—\nan indictment is presented against the person and—\na nolle prosequi is entered on the indictment; or\nthe person is acquitted; or\nthe prosecution process has otherwise ended.\nA reference in this section to a conviction of an indictable offence includes a summary conviction of an indictable offence.\nSubsection (1) does not apply if the person is charged by a police officer.\nSubsection (2) (a) does not apply if the prosecutor appearing is a police officer.\nSubsection (2) (d) does not apply if the prosecution process ends while a police officer is in charge of the prosecution.\ns 5AA.10 ins 2003 No. 92 s 32\n(sec.5AA.10-ssec.1) This section applies if a person is charged with an indictable offence and the director of public prosecutions is aware that the person is engaged by the service.\n(sec.5AA.10-ssec.2) The director of public prosecutions must give the commissioner written notice of the person’s name and the following particulars within 7 days after the director of public prosecutions becomes aware of the particulars— if the person is committed by a court for trial for an indictable offence— the court committing the person for trial; and particulars of the offence with which the person is charged; and the date of the committal; and the court to which the person was committed; if the person is convicted before the Supreme Court or the District Court of an indictable offence— the court convicting the person; and particulars of the offence; and the date of the conviction; and the sentence imposed by the court; if the person is convicted of an indictable offence, and has appealed the conviction, and the appeal is finally decided or has otherwise ended— particulars of the offence of which the person is convicted; and the date the appeal was decided or otherwise ended; and if the appeal was decided— the court in which it was decided; and particulars of the decision; if the prosecution process ends without the person being convicted of an indictable offence— if relevant—the court in which the prosecution process ended; and particulars of the offence with which the person was charged; and the date the prosecution process ended.\n(sec.5AA.10-ssec.3) For subsection (2) (d) , a prosecution process ends if— an indictment is presented against the person and— a nolle prosequi is entered on the indictment; or the person is acquitted; or the prosecution process has otherwise ended.\n(sec.5AA.10-ssec.4) A reference in this section to a conviction of an indictable offence includes a summary conviction of an indictable offence.\n(sec.5AA.10-ssec.5) Subsection (1) does not apply if the person is charged by a police officer.\n(sec.5AA.10-ssec.6) Subsection (2) (a) does not apply if the prosecutor appearing is a police officer.\n(sec.5AA.10-ssec.7) Subsection (2) (d) does not apply if the prosecution process ends while a police officer is in charge of the prosecution.\n- (a) if the person is committed by a court for trial for an indictable offence— (i) the court committing the person for trial; and (ii) particulars of the offence with which the person is charged; and (iii) the date of the committal; and (iv) the court to which the person was committed;\n- (i) the court committing the person for trial; and\n- (ii) particulars of the offence with which the person is charged; and\n- (iii) the date of the committal; and\n- (iv) the court to which the person was committed;\n- (b) if the person is convicted before the Supreme Court or the District Court of an indictable offence— (i) the court convicting the person; and (ii) particulars of the offence; and (iii) the date of the conviction; and (iv) the sentence imposed by the court;\n- (i) the court convicting the person; and\n- (ii) particulars of the offence; and\n- (iii) the date of the conviction; and\n- (iv) the sentence imposed by the court;\n- (c) if the person is convicted of an indictable offence, and has appealed the conviction, and the appeal is finally decided or has otherwise ended— (i) particulars of the offence of which the person is convicted; and (ii) the date the appeal was decided or otherwise ended; and (iii) if the appeal was decided— (A) the court in which it was decided; and (B) particulars of the decision;\n- (i) particulars of the offence of which the person is convicted; and\n- (ii) the date the appeal was decided or otherwise ended; and\n- (iii) if the appeal was decided— (A) the court in which it was decided; and (B) particulars of the decision;\n- (A) the court in which it was decided; and\n- (B) particulars of the decision;\n- (d) if the prosecution process ends without the person being convicted of an indictable offence— (i) if relevant—the court in which the prosecution process ended; and (ii) particulars of the offence with which the person was charged; and (iii) the date the prosecution process ended.\n- (i) if relevant—the court in which the prosecution process ended; and\n- (ii) particulars of the offence with which the person was charged; and\n- (iii) the date the prosecution process ended.\n- (i) the court committing the person for trial; and\n- (ii) particulars of the offence with which the person is charged; and\n- (iii) the date of the committal; and\n- (iv) the court to which the person was committed;\n- (i) the court convicting the person; and\n- (ii) particulars of the offence; and\n- (iii) the date of the conviction; and\n- (iv) the sentence imposed by the court;\n- (i) particulars of the offence of which the person is convicted; and\n- (ii) the date the appeal was decided or otherwise ended; and\n- (iii) if the appeal was decided— (A) the court in which it was decided; and (B) particulars of the decision;\n- (A) the court in which it was decided; and\n- (B) particulars of the decision;\n- (A) the court in which it was decided; and\n- (B) particulars of the decision;\n- (i) if relevant—the court in which the prosecution process ended; and\n- (ii) particulars of the offence with which the person was charged; and\n- (iii) the date the prosecution process ended.\n- (a) an indictment is presented against the person and— (i) a nolle prosequi is entered on the indictment; or (ii) the person is acquitted; or\n- (i) a nolle prosequi is entered on the indictment; or\n- (ii) the person is acquitted; or\n- (b) the prosecution process has otherwise ended.\n- (i) a nolle prosequi is entered on the indictment; or\n- (ii) the person is acquitted; or","sortOrder":117},{"sectionNumber":"sec.5AA.10A","sectionType":"section","heading":"Information about disciplinary action to be given by chief executive","content":"### sec.5AA.10A Information about disciplinary action to be given by chief executive\n\nThis section applies if—\nthe commissioner asks the chief executive of another department (the chief executive ) for disciplinary information the chief executive has about a person who is or was a public service employee; and\nthe information is reasonably necessary for the commissioner to make a decision about the suitability of the person to be engaged, or continue to be engaged, by the service.\nThe other chief executive must give the disciplinary information to the commissioner unless the other chief executive is reasonably satisfied that giving the information may prejudice the investigation of a contravention or possible contravention of the law in a particular case.\nIn this section—\ndisciplinary information , in relation to a request made of a chief executive about a person, means information about the following made or taken against the person under a public sector disciplinary law by the chief executive or another entity—\na current investigation into whether the person should be disciplined;\na finding that the person should be disciplined;\npossible disciplinary action under consideration;\ndisciplinary action, including a disciplinary declaration.\ns 5AA.10A ins 2009 No. 25 s 36\namd 2024 No. 18 s 29\n(sec.5AA.10A-ssec.1) This section applies if— the commissioner asks the chief executive of another department (the chief executive ) for disciplinary information the chief executive has about a person who is or was a public service employee; and the information is reasonably necessary for the commissioner to make a decision about the suitability of the person to be engaged, or continue to be engaged, by the service.\n(sec.5AA.10A-ssec.2) The other chief executive must give the disciplinary information to the commissioner unless the other chief executive is reasonably satisfied that giving the information may prejudice the investigation of a contravention or possible contravention of the law in a particular case.\n(sec.5AA.10A-ssec.3) In this section— disciplinary information , in relation to a request made of a chief executive about a person, means information about the following made or taken against the person under a public sector disciplinary law by the chief executive or another entity— a current investigation into whether the person should be disciplined; a finding that the person should be disciplined; possible disciplinary action under consideration; disciplinary action, including a disciplinary declaration.\n- (a) the commissioner asks the chief executive of another department (the chief executive ) for disciplinary information the chief executive has about a person who is or was a public service employee; and\n- (b) the information is reasonably necessary for the commissioner to make a decision about the suitability of the person to be engaged, or continue to be engaged, by the service.\n- (a) a current investigation into whether the person should be disciplined;\n- (b) a finding that the person should be disciplined;\n- (c) possible disciplinary action under consideration;\n- (d) disciplinary action, including a disciplinary declaration.","sortOrder":118},{"sectionNumber":"pt.5AA-div.4","sectionType":"division","heading":"Controls on use of relevant information and information about particular investigations","content":"## Controls on use of relevant information and information about particular investigations","sortOrder":119},{"sectionNumber":"sec.5AA.11","sectionType":"section","heading":"Assessment of suitability","content":"### sec.5AA.11 Assessment of suitability\n\nThis section applies to the commissioner in considering the suitability of a person to be, or continue to be, engaged by the service.\nWhen making the assessment, the commissioner may have regard to all relevant information available to the commissioner, including, but not limited to—\ninformation that is disclosed to the commissioner under this part; and\ninformation that is made available by a declared agency or a law enforcement agency of another country because of a request made under this part; and\ndisciplinary information given to the commissioner by a chief executive of another department under section 5AA .10A; and\ninformation that is stored on—\na database kept by the commissioner; or\na database kept by another law enforcement agency to which the commissioner has access; and\ninformation that is otherwise available to the commissioner.\ninformation obtained from previous employment checks\nfingerprint checks\nDNA tests\nIn addition, information obtained under this part may be taken into account in deciding a question of merit under a merit provision.\nSubsection (3) is in addition to and does not limit a merit provision.\nIn this section—\nmerit provision means—\nsection 5 .2; or\nthe Public Sector Act 2022 , chapter 3 , part 3 .\ns 5AA.11 ins 2003 No. 92 s 32\namd 2008 No. 49 s 6 ; 2009 No. 25 ss 37 , 83 sch ; 2022 No. 34 s 365 sch 3 ; 2023 No. 7 s 33\n(sec.5AA.11-ssec.1) This section applies to the commissioner in considering the suitability of a person to be, or continue to be, engaged by the service.\n(sec.5AA.11-ssec.2) When making the assessment, the commissioner may have regard to all relevant information available to the commissioner, including, but not limited to— information that is disclosed to the commissioner under this part; and information that is made available by a declared agency or a law enforcement agency of another country because of a request made under this part; and disciplinary information given to the commissioner by a chief executive of another department under section 5AA .10A; and information that is stored on— a database kept by the commissioner; or a database kept by another law enforcement agency to which the commissioner has access; and information that is otherwise available to the commissioner. information obtained from previous employment checks fingerprint checks DNA tests\n(sec.5AA.11-ssec.3) In addition, information obtained under this part may be taken into account in deciding a question of merit under a merit provision.\n(sec.5AA.11-ssec.4) Subsection (3) is in addition to and does not limit a merit provision.\n(sec.5AA.11-ssec.5) In this section— merit provision means— section 5 .2; or the Public Sector Act 2022 , chapter 3 , part 3 .\n- (a) information that is disclosed to the commissioner under this part; and\n- (b) information that is made available by a declared agency or a law enforcement agency of another country because of a request made under this part; and\n- (ba) disciplinary information given to the commissioner by a chief executive of another department under section 5AA .10A; and\n- (c) information that is stored on— (i) a database kept by the commissioner; or (ii) a database kept by another law enforcement agency to which the commissioner has access; and\n- (i) a database kept by the commissioner; or\n- (ii) a database kept by another law enforcement agency to which the commissioner has access; and\n- (d) information that is otherwise available to the commissioner.\n- (i) a database kept by the commissioner; or\n- (ii) a database kept by another law enforcement agency to which the commissioner has access; and\n- 1 information obtained from previous employment checks\n- 2 fingerprint checks\n- 3 DNA tests\n- (a) section 5 .2; or\n- (b) the Public Sector Act 2022 , chapter 3 , part 3 .","sortOrder":120},{"sectionNumber":"sec.5AA.12","sectionType":"section","heading":"Particular persons to be advised if person unsuitable","content":"### sec.5AA.12 Particular persons to be advised if person unsuitable\n\nIf, because of information relied on by the commissioner under this part, the commissioner considers a person, other than an external service provider, may not be suitable to be, or continue to be, engaged by the service, the commissioner must, before deciding the person is not suitable—\ndisclose the information to the person; and\ngive reasons why the commissioner considers the person may not be suitable to be, or continue to be, engaged by the service; and\nallow the person a reasonable opportunity to make representations to the commissioner about the information.\nHowever, the commissioner is not required to disclose the information or give reasons under subsection (1) if the commissioner considers the disclosure or giving of reasons may—\nprejudice the investigation of a contravention or possible contravention of the law; or\nenable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; or\nendanger a person’s life or physical safety; or\nprejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; or\nprejudice the maintenance or enforcement of a lawful method or procedure for protecting public safety; or\nprejudice national security; or\nbe prohibited under a law of this or any other State or the Commonwealth.\nIf, after considering any representations made under subsection (1) (c) , the commissioner decides the person is not suitable to be, or continue to be, engaged by the service, the commissioner must give the person a written notice stating that the person is not suitable to be, or continue to be, engaged by the service.\nInformation relied on under this section to decide that a person is not suitable to be engaged by the service can not be used for any other purpose, unless its disclosure is authorised under section 5AA .14(3).\ns 5AA.12 ins 2003 No. 92 s 32\namd 2014 No. 17 s 138 ; 2021 No. 12 s 188 ; 2023 No. 7 s 34\n(sec.5AA.12-ssec.1) If, because of information relied on by the commissioner under this part, the commissioner considers a person, other than an external service provider, may not be suitable to be, or continue to be, engaged by the service, the commissioner must, before deciding the person is not suitable— disclose the information to the person; and give reasons why the commissioner considers the person may not be suitable to be, or continue to be, engaged by the service; and allow the person a reasonable opportunity to make representations to the commissioner about the information.\n(sec.5AA.12-ssec.2) However, the commissioner is not required to disclose the information or give reasons under subsection (1) if the commissioner considers the disclosure or giving of reasons may— prejudice the investigation of a contravention or possible contravention of the law; or enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; or endanger a person’s life or physical safety; or prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; or prejudice the maintenance or enforcement of a lawful method or procedure for protecting public safety; or prejudice national security; or be prohibited under a law of this or any other State or the Commonwealth.\n(sec.5AA.12-ssec.3) If, after considering any representations made under subsection (1) (c) , the commissioner decides the person is not suitable to be, or continue to be, engaged by the service, the commissioner must give the person a written notice stating that the person is not suitable to be, or continue to be, engaged by the service.\n(sec.5AA.12-ssec.4) Information relied on under this section to decide that a person is not suitable to be engaged by the service can not be used for any other purpose, unless its disclosure is authorised under section 5AA .14(3).\n- (a) disclose the information to the person; and\n- (b) give reasons why the commissioner considers the person may not be suitable to be, or continue to be, engaged by the service; and\n- (c) allow the person a reasonable opportunity to make representations to the commissioner about the information.\n- (a) prejudice the investigation of a contravention or possible contravention of the law; or\n- (b) enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; or\n- (c) endanger a person’s life or physical safety; or\n- (d) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; or\n- (e) prejudice the maintenance or enforcement of a lawful method or procedure for protecting public safety; or\n- (f) prejudice national security; or\n- (g) be prohibited under a law of this or any other State or the Commonwealth.","sortOrder":121},{"sectionNumber":"sec.5AA.13","sectionType":"section","heading":"External service provider to be advised if person unsuitable","content":"### sec.5AA.13 External service provider to be advised if person unsuitable\n\nIf, because of information relied on by the commissioner under this part, the commissioner considers a person who is an external service provider may not be suitable to be, or continue to be, engaged by the service, the commissioner must, before deciding the person is not suitable—\ndisclose the information to the person and the chief executive officer of the relevant entity; and\ngive reasons why the commissioner considers the person may not be suitable to be, or continue to be, engaged by the service; and\nallow the person and the chief executive officer a reasonable opportunity to make representations to the commissioner about the information; and\nallow the person a reasonable opportunity to make representations to the commissioner about any representations made to the commissioner by the chief executive officer.\nHowever, the commissioner is not required to disclose the information or give reasons under subsection (1) if the commissioner considers the disclosure or giving of reasons may—\nprejudice the investigation of a contravention or possible contravention of the law; or\nenable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; or\nendanger a person’s life or physical safety; or\nprejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; or\nprejudice the maintenance or enforcement of a lawful method or procedure for protecting public safety; or\nprejudice national security; or\nbe prohibited under a law of this or any other State or the Commonwealth.\nIf, after considering any representations made under subsection (1) (c) or (d) , the commissioner decides the person is not suitable to be, or continue to be, engaged by the service, the commissioner must give the person and the chief executive officer of the relevant entity a written notice stating that the person is not suitable to be, or continue to be, engaged by the service.\nIf the person is already employed or engaged by the entity, the chief executive officer must—\nhave regard to the commissioner’s decision that the person is not suitable to be engaged by the police service and the reasons for the decision; and\nconsider whether appropriate steps may be taken to minimise—\nthe potential adverse effects of the assessment; and\nthe person’s access to information in the possession of the commissioner; and\nadvise the commissioner of the chief executive officer’s decision.\nIf the commissioner considers the steps taken do not adequately minimise the person’s access to information in the possession of the commissioner, the commissioner may ask the chairperson of the Crime and Corruption Commission to review the chief executive officer’s decision.\nA review conducted under this section—\nmust be conducted in private; and\nmust be conducted in the way decided by the chairperson; and\nif the chairperson considers it appropriate, may be conducted on the papers, without hearing submissions from any person; and\nis not a hearing or investigation of a kind the chairperson may hold under the Crime and Corruption Act 2001 .\nThe chairperson’s decision on the review—\nis final and conclusive; and\ncan not be challenged, appealed against, reviewed, quashed, set aside, or called in question in another way, under the Judicial Review Act 1991 (whether by the Supreme Court, another court, a tribunal or another entity); and\nis not subject to any writ or order of the Supreme Court, another court, a tribunal or another entity on any ground.\nInformation disclosed to the chief executive officer of the entity under subsection (3) must not be disclosed to a member of a selection panel or to anyone else, unless this or another Act permits or requires the disclosure.\ns 5AA.13 ins 2003 No. 92 s 32\namd 2014 No. 17 s 139 ; 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1 ; 2021 No. 12 s 189 ; 2023 No. 7 s 35\n(sec.5AA.13-ssec.1) If, because of information relied on by the commissioner under this part, the commissioner considers a person who is an external service provider may not be suitable to be, or continue to be, engaged by the service, the commissioner must, before deciding the person is not suitable— disclose the information to the person and the chief executive officer of the relevant entity; and give reasons why the commissioner considers the person may not be suitable to be, or continue to be, engaged by the service; and allow the person and the chief executive officer a reasonable opportunity to make representations to the commissioner about the information; and allow the person a reasonable opportunity to make representations to the commissioner about any representations made to the commissioner by the chief executive officer.\n(sec.5AA.13-ssec.2) However, the commissioner is not required to disclose the information or give reasons under subsection (1) if the commissioner considers the disclosure or giving of reasons may— prejudice the investigation of a contravention or possible contravention of the law; or enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; or endanger a person’s life or physical safety; or prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; or prejudice the maintenance or enforcement of a lawful method or procedure for protecting public safety; or prejudice national security; or be prohibited under a law of this or any other State or the Commonwealth.\n(sec.5AA.13-ssec.3) If, after considering any representations made under subsection (1) (c) or (d) , the commissioner decides the person is not suitable to be, or continue to be, engaged by the service, the commissioner must give the person and the chief executive officer of the relevant entity a written notice stating that the person is not suitable to be, or continue to be, engaged by the service.\n(sec.5AA.13-ssec.4) If the person is already employed or engaged by the entity, the chief executive officer must— have regard to the commissioner’s decision that the person is not suitable to be engaged by the police service and the reasons for the decision; and consider whether appropriate steps may be taken to minimise— the potential adverse effects of the assessment; and the person’s access to information in the possession of the commissioner; and advise the commissioner of the chief executive officer’s decision.\n(sec.5AA.13-ssec.5) If the commissioner considers the steps taken do not adequately minimise the person’s access to information in the possession of the commissioner, the commissioner may ask the chairperson of the Crime and Corruption Commission to review the chief executive officer’s decision.\n(sec.5AA.13-ssec.6) A review conducted under this section— must be conducted in private; and must be conducted in the way decided by the chairperson; and if the chairperson considers it appropriate, may be conducted on the papers, without hearing submissions from any person; and is not a hearing or investigation of a kind the chairperson may hold under the Crime and Corruption Act 2001 .\n(sec.5AA.13-ssec.7) The chairperson’s decision on the review— is final and conclusive; and can not be challenged, appealed against, reviewed, quashed, set aside, or called in question in another way, under the Judicial Review Act 1991 (whether by the Supreme Court, another court, a tribunal or another entity); and is not subject to any writ or order of the Supreme Court, another court, a tribunal or another entity on any ground.\n(sec.5AA.13-ssec.8) Information disclosed to the chief executive officer of the entity under subsection (3) must not be disclosed to a member of a selection panel or to anyone else, unless this or another Act permits or requires the disclosure.\n- (a) disclose the information to the person and the chief executive officer of the relevant entity; and\n- (b) give reasons why the commissioner considers the person may not be suitable to be, or continue to be, engaged by the service; and\n- (c) allow the person and the chief executive officer a reasonable opportunity to make representations to the commissioner about the information; and\n- (d) allow the person a reasonable opportunity to make representations to the commissioner about any representations made to the commissioner by the chief executive officer.\n- (a) prejudice the investigation of a contravention or possible contravention of the law; or\n- (b) enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; or\n- (c) endanger a person’s life or physical safety; or\n- (d) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; or\n- (e) prejudice the maintenance or enforcement of a lawful method or procedure for protecting public safety; or\n- (f) prejudice national security; or\n- (g) be prohibited under a law of this or any other State or the Commonwealth.\n- (a) have regard to the commissioner’s decision that the person is not suitable to be engaged by the police service and the reasons for the decision; and\n- (b) consider whether appropriate steps may be taken to minimise— (i) the potential adverse effects of the assessment; and (ii) the person’s access to information in the possession of the commissioner; and\n- (i) the potential adverse effects of the assessment; and\n- (ii) the person’s access to information in the possession of the commissioner; and\n- (c) advise the commissioner of the chief executive officer’s decision.\n- (i) the potential adverse effects of the assessment; and\n- (ii) the person’s access to information in the possession of the commissioner; and\n- (a) must be conducted in private; and\n- (b) must be conducted in the way decided by the chairperson; and\n- (c) if the chairperson considers it appropriate, may be conducted on the papers, without hearing submissions from any person; and\n- (d) is not a hearing or investigation of a kind the chairperson may hold under the Crime and Corruption Act 2001 .\n- (a) is final and conclusive; and\n- (b) can not be challenged, appealed against, reviewed, quashed, set aside, or called in question in another way, under the Judicial Review Act 1991 (whether by the Supreme Court, another court, a tribunal or another entity); and\n- (c) is not subject to any writ or order of the Supreme Court, another court, a tribunal or another entity on any ground.","sortOrder":122},{"sectionNumber":"sec.5AA.14","sectionType":"section","heading":"Secrecy","content":"### sec.5AA.14 Secrecy\n\nThis section applies to a person who—\nis, or has been—\na person engaged by the service; or\na selection panel member; and\nin that capacity acquired relevant information about someone else.\nThe person must not disclose the information to anyone else.\nMaximum penalty—100 penalty units or 2 years imprisonment.\nSubsection (2) does not apply to the disclosure of information about a person, if—\nthe disclosure—\nis to a police officer, a public service employee in the service, or a selection panel member, for the purpose of assessing the person’s suitability to be, or continue to be, engaged by the service; or\nis with the person’s consent; or\nis of information that is relevant to an existing investigation of an offence; or\nis for a proceeding started because of an investigation mentioned in subparagraph (iii) ; or\nis information the person may disclose to a person who is entitled to ask for it under another Act; or\nPublic Sector Act 2022 , section 97\nthe information discloses evidence of the commission or suspected commission of an offence and an investigation is started or facilitated because of the information.\nAlso, a person involved in any way in anything done under this part can not be compelled to produce to a court any document kept, or to disclose to a court any information obtained, because of the doing of the thing.\nOther than to the extent the Police Powers and Responsibilities Act 2000 , section 803 applies to the document or information, subsection (4) does not affect the operation of the Judicial Review Act 1991 .\nIn this section—\ndisclose , in relation to information about a person, includes give access to information about a person.\nselection panel member means a member of a panel formed to make a recommendation to the commissioner about a person’s engagement by the service.\ns 5AA.14 ins 2003 No. 92 s 32\namd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 ); 2009 No. 25 s 38 ; 2014 No. 12 s 77 sch 1 ; 2022 No. 34 s 365 sch 3\n(sec.5AA.14-ssec.1) This section applies to a person who— is, or has been— a person engaged by the service; or a selection panel member; and in that capacity acquired relevant information about someone else.\n(sec.5AA.14-ssec.2) The person must not disclose the information to anyone else. Maximum penalty—100 penalty units or 2 years imprisonment.\n(sec.5AA.14-ssec.3) Subsection (2) does not apply to the disclosure of information about a person, if— the disclosure— is to a police officer, a public service employee in the service, or a selection panel member, for the purpose of assessing the person’s suitability to be, or continue to be, engaged by the service; or is with the person’s consent; or is of information that is relevant to an existing investigation of an offence; or is for a proceeding started because of an investigation mentioned in subparagraph (iii) ; or is information the person may disclose to a person who is entitled to ask for it under another Act; or Public Sector Act 2022 , section 97 the information discloses evidence of the commission or suspected commission of an offence and an investigation is started or facilitated because of the information.\n(sec.5AA.14-ssec.4) Also, a person involved in any way in anything done under this part can not be compelled to produce to a court any document kept, or to disclose to a court any information obtained, because of the doing of the thing.\n(sec.5AA.14-ssec.5) Other than to the extent the Police Powers and Responsibilities Act 2000 , section 803 applies to the document or information, subsection (4) does not affect the operation of the Judicial Review Act 1991 .\n(sec.5AA.14-ssec.6) In this section— disclose , in relation to information about a person, includes give access to information about a person. selection panel member means a member of a panel formed to make a recommendation to the commissioner about a person’s engagement by the service.\n- (a) is, or has been— (i) a person engaged by the service; or (ii) a selection panel member; and\n- (i) a person engaged by the service; or\n- (ii) a selection panel member; and\n- (b) in that capacity acquired relevant information about someone else.\n- (i) a person engaged by the service; or\n- (ii) a selection panel member; and\n- (a) the disclosure— (i) is to a police officer, a public service employee in the service, or a selection panel member, for the purpose of assessing the person’s suitability to be, or continue to be, engaged by the service; or (ii) is with the person’s consent; or (iii) is of information that is relevant to an existing investigation of an offence; or (iv) is for a proceeding started because of an investigation mentioned in subparagraph (iii) ; or (v) is information the person may disclose to a person who is entitled to ask for it under another Act; or Example for subparagraph (v) — Public Sector Act 2022 , section 97\n- (i) is to a police officer, a public service employee in the service, or a selection panel member, for the purpose of assessing the person’s suitability to be, or continue to be, engaged by the service; or\n- (ii) is with the person’s consent; or\n- (iii) is of information that is relevant to an existing investigation of an offence; or\n- (iv) is for a proceeding started because of an investigation mentioned in subparagraph (iii) ; or\n- (v) is information the person may disclose to a person who is entitled to ask for it under another Act; or Example for subparagraph (v) — Public Sector Act 2022 , section 97\n- (b) the information discloses evidence of the commission or suspected commission of an offence and an investigation is started or facilitated because of the information.\n- (i) is to a police officer, a public service employee in the service, or a selection panel member, for the purpose of assessing the person’s suitability to be, or continue to be, engaged by the service; or\n- (ii) is with the person’s consent; or\n- (iii) is of information that is relevant to an existing investigation of an offence; or\n- (iv) is for a proceeding started because of an investigation mentioned in subparagraph (iii) ; or\n- (v) is information the person may disclose to a person who is entitled to ask for it under another Act; or Example for subparagraph (v) — Public Sector Act 2022 , section 97","sortOrder":123},{"sectionNumber":"sec.5AA.15","sectionType":"section","heading":"Guidelines for dealing with relevant information","content":"### sec.5AA.15 Guidelines for dealing with relevant information\n\nThe commissioner must make guidelines, consistent with this part, for dealing with relevant information obtained by the commissioner under this part.\nThe purpose of the guidelines is to ensure—\nnatural justice is afforded to the persons about whom the information is obtained; and\nonly relevant information is used in assessing the persons’ suitability to be, or continue to be, engaged by the service; and\ndecisions about the suitability of persons, based on the information, are made in a consistent way.\nThe commissioner must give a copy of the guidelines, on request, to a person seeking to be engaged, or engaged, by the service.\ns 5AA.15 ins 2003 No. 92 s 32\n(sec.5AA.15-ssec.1) The commissioner must make guidelines, consistent with this part, for dealing with relevant information obtained by the commissioner under this part.\n(sec.5AA.15-ssec.2) The purpose of the guidelines is to ensure— natural justice is afforded to the persons about whom the information is obtained; and only relevant information is used in assessing the persons’ suitability to be, or continue to be, engaged by the service; and decisions about the suitability of persons, based on the information, are made in a consistent way.\n(sec.5AA.15-ssec.3) The commissioner must give a copy of the guidelines, on request, to a person seeking to be engaged, or engaged, by the service.\n- (a) natural justice is afforded to the persons about whom the information is obtained; and\n- (b) only relevant information is used in assessing the persons’ suitability to be, or continue to be, engaged by the service; and\n- (c) decisions about the suitability of persons, based on the information, are made in a consistent way.","sortOrder":124},{"sectionNumber":"pt.6","sectionType":"part","heading":"Standing down and suspension","content":"# Standing down and suspension","sortOrder":125},{"sectionNumber":"sec.6.1","sectionType":"section","heading":"Power to stand down and suspend","content":"### sec.6.1 Power to stand down and suspend\n\nIf—\nit appears to the commissioner, on reasonable grounds that—\nan officer is liable to be dealt with for corrupt conduct; or\nan officer is liable to disciplinary action under part 7 ; or\nthe efficient and proper discharge of the prescribed responsibility might be prejudiced, if the officer’s employment is continued; or\nan officer is charged with an indictable offence; or\nan officer is unfit for reasons of health to such an extent that the officer should not be subject to the duties of a constable;\nthe commissioner may—\nstand down the officer from duty as an officer and direct the person stood down to perform such duties as the commissioner thinks fit; or\nsuspend the officer from duty.\nThe commissioner may at any time revoke a standing down or suspension imposed under subsection (1) .\ns 6.1 amd 1993 No. 77 s 2 sch 1 ; 2014 No. 21 s 94 (2) sch 2 ; 2019 No. 32 s 32 sch 1\n(sec.6.1-ssec.1) If— it appears to the commissioner, on reasonable grounds that— an officer is liable to be dealt with for corrupt conduct; or an officer is liable to disciplinary action under part 7 ; or the efficient and proper discharge of the prescribed responsibility might be prejudiced, if the officer’s employment is continued; or an officer is charged with an indictable offence; or an officer is unfit for reasons of health to such an extent that the officer should not be subject to the duties of a constable; the commissioner may— stand down the officer from duty as an officer and direct the person stood down to perform such duties as the commissioner thinks fit; or suspend the officer from duty.\n(sec.6.1-ssec.2) The commissioner may at any time revoke a standing down or suspension imposed under subsection (1) .\n- (a) it appears to the commissioner, on reasonable grounds that— (i) an officer is liable to be dealt with for corrupt conduct; or (ii) an officer is liable to disciplinary action under part 7 ; or (iii) the efficient and proper discharge of the prescribed responsibility might be prejudiced, if the officer’s employment is continued; or\n- (i) an officer is liable to be dealt with for corrupt conduct; or\n- (ii) an officer is liable to disciplinary action under part 7 ; or\n- (iii) the efficient and proper discharge of the prescribed responsibility might be prejudiced, if the officer’s employment is continued; or\n- (b) an officer is charged with an indictable offence; or\n- (c) an officer is unfit for reasons of health to such an extent that the officer should not be subject to the duties of a constable;\n- (i) an officer is liable to be dealt with for corrupt conduct; or\n- (ii) an officer is liable to disciplinary action under part 7 ; or\n- (iii) the efficient and proper discharge of the prescribed responsibility might be prejudiced, if the officer’s employment is continued; or\n- (d) stand down the officer from duty as an officer and direct the person stood down to perform such duties as the commissioner thinks fit; or\n- (e) suspend the officer from duty.","sortOrder":126},{"sectionNumber":"sec.6.2","sectionType":"section","heading":"Salary entitlement if stood down","content":"### sec.6.2 Salary entitlement if stood down\n\nAn officer who is stood down from duty under section 6 .1 is entitled to be paid salary and allowances at the rate at which the officer would have received salary and allowances had the standing down not occurred.","sortOrder":127},{"sectionNumber":"sec.6.3","sectionType":"section","heading":"Salary entitlement if suspended","content":"### sec.6.3 Salary entitlement if suspended\n\nAn officer suspended from duty under section 6 .1 is entitled to be paid salary and allowances at the rate at which the officer would have received salary and allowances had the suspension not occurred, unless the commissioner otherwise determines in a particular case.\nExcept that an officer suspended under section 6 .1(1)(c) is to be entitled to the salary and allowances to which that officer was previously entitled.\nAn officer suspended from duty who is not entitled to be paid salary during the suspension—\nmay receive and retain salary, wages, fees or other remuneration from any lawful source during the suspension, unless the commissioner otherwise determines in a particular case; and\nif the officer resumes duty as an officer on the revocation of the suspension—is entitled to receive a sum equivalent to the amount of salary and allowances the officer would have received had the suspension not occurred, reduced by a sum equivalent to the amount of salary, wages, fees and other remuneration to which the officer became entitled from any other source during the suspension, unless the commissioner otherwise determines in a particular case.\nAn officer suspended from duty without salary who enters into employment whereby the officer will become entitled to salary, wages, fees or other remuneration is to inform the commissioner immediately of the particulars of the employment.\nAn officer suspended from duty who during the suspension becomes entitled to salary, wages, fees or other remuneration from a source incompatible with assessment of the officer as a fit and proper person to be an officer and who fails to satisfy the commissioner that there are reasonable grounds for not dismissing the officer, may be dismissed from the service.\ns 6.3 amd 1993 No. 77 s 2 sch 1\n(sec.6.3-ssec.1) An officer suspended from duty under section 6 .1 is entitled to be paid salary and allowances at the rate at which the officer would have received salary and allowances had the suspension not occurred, unless the commissioner otherwise determines in a particular case.\n(sec.6.3-ssec.1A) Except that an officer suspended under section 6 .1(1)(c) is to be entitled to the salary and allowances to which that officer was previously entitled.\n(sec.6.3-ssec.2) An officer suspended from duty who is not entitled to be paid salary during the suspension— may receive and retain salary, wages, fees or other remuneration from any lawful source during the suspension, unless the commissioner otherwise determines in a particular case; and if the officer resumes duty as an officer on the revocation of the suspension—is entitled to receive a sum equivalent to the amount of salary and allowances the officer would have received had the suspension not occurred, reduced by a sum equivalent to the amount of salary, wages, fees and other remuneration to which the officer became entitled from any other source during the suspension, unless the commissioner otherwise determines in a particular case.\n(sec.6.3-ssec.3) An officer suspended from duty without salary who enters into employment whereby the officer will become entitled to salary, wages, fees or other remuneration is to inform the commissioner immediately of the particulars of the employment.\n(sec.6.3-ssec.4) An officer suspended from duty who during the suspension becomes entitled to salary, wages, fees or other remuneration from a source incompatible with assessment of the officer as a fit and proper person to be an officer and who fails to satisfy the commissioner that there are reasonable grounds for not dismissing the officer, may be dismissed from the service.\n- (a) may receive and retain salary, wages, fees or other remuneration from any lawful source during the suspension, unless the commissioner otherwise determines in a particular case; and\n- (b) if the officer resumes duty as an officer on the revocation of the suspension—is entitled to receive a sum equivalent to the amount of salary and allowances the officer would have received had the suspension not occurred, reduced by a sum equivalent to the amount of salary, wages, fees and other remuneration to which the officer became entitled from any other source during the suspension, unless the commissioner otherwise determines in a particular case.","sortOrder":128},{"sectionNumber":"sec.6.4","sectionType":"section","heading":"Officer relieved of powers and duties while stood down or suspended","content":"### sec.6.4 Officer relieved of powers and duties while stood down or suspended\n\nWhile an officer remains stood down or suspended under section 6 .1—\nthe officer is relieved of the powers and duties of a constable at common law or under any Act or law; and\nthe officer is not bound by the oath or affirmation taken or made by the officer as prescribed by section 3 .3; and\nthe officer is not to be taken to have breached such oath or affirmation, or provisions of any Act or law relating thereto, or to be liable to disciplinary action under part 7 , by reason of the officer’s failure to exercise or perform the powers or duties required of the officer by such oath or affirmation.\ns 6.4 amd 2019 No. 32 s 32 sch 1\n- (a) the officer is relieved of the powers and duties of a constable at common law or under any Act or law; and\n- (b) the officer is not bound by the oath or affirmation taken or made by the officer as prescribed by section 3 .3; and\n- (c) the officer is not to be taken to have breached such oath or affirmation, or provisions of any Act or law relating thereto, or to be liable to disciplinary action under part 7 , by reason of the officer’s failure to exercise or perform the powers or duties required of the officer by such oath or affirmation.","sortOrder":129},{"sectionNumber":"pt.6A","sectionType":"part","heading":"Reporting obligations of officers and staff members","content":"# Reporting obligations of officers and staff members","sortOrder":130},{"sectionNumber":"sec.6A.1","sectionType":"section","heading":"Duty concerning misconduct and other grounds for disciplinary action","content":"### sec.6A.1 Duty concerning misconduct and other grounds for disciplinary action\n\nIn this section—\nconduct means conduct of an officer, wherever and whenever occurring, whether the officer whose conduct is in question is on or off duty at the time the conduct occurs.\nofficer includes a police recruit.\nIf any officer or staff member—\nknows or reasonably suspects that conduct to which this section refers has occurred; or\nis one in respect of whom it can be reasonably concluded that the officer or staff member knew or reasonably suspected that conduct to which this section refers has occurred;\nit is the duty—\nof the officer or staff member, in the case of conduct that is misconduct, to report the occurrence of the conduct, as soon as is practicable, to the commissioner and to the chairperson of the Crime and Corruption Commission; and\nof the officer, in the case of conduct that is misconduct or another ground for disciplinary action, to take all action necessary to achieve the purposes of part 7 that is—\nwarranted and reasonable in the circumstances; and\nwithin the authority of the officer.\nThe commissioner may, by written instrument, exempt stated officers or staff members who have or are likely to have knowledge of conduct that is an alleged contravention of the Anti-Discrimination Act 1991 from compliance with subsection (2) , generally or on stated conditions.\nThe commissioner may give an exemption under subsection (3) only if the commissioner is reasonably satisfied giving the exemption will not adversely affect the welfare of the officers or staff members affected by or involved in the conduct.\nHowever, if a person is given an exemption generally because the person is likely to have knowledge of an alleged contravention of the Anti-Discrimination Act 1991 and the person is the person against whom the complaint for the contravention is made, the exemption does not operate in relation to the complaint against the person.\nAlso, the commissioner may, by written instrument, exempt an officer or staff member from compliance with subsection (2) , generally or on stated conditions, if the officer or staff member—\nis appointed to provide confidential counselling services to officers and staff members; or\nis a prescribed person under section 5A .21A.\nAn exemption under subsection (6) only operates while the officer or staff member is providing professional counselling services in an official capacity.\nIf a person is not required to report misconduct under subsection (2) because of an exemption under subsection (3) , the commissioner also is not required to report the misconduct.\ns 6A.1 (prev s 7.2) amd 1998 No. 19 s 7 ; 2001 No. 69 s 378 sch 1 ; 2005 No. 17 s 29 ; 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1 ; 2019 No. 32 s 7 (1) – (2)\nreloc and renum 2019 No. 32 s 7 (3)\n(sec.6A.1-ssec.1) In this section— conduct means conduct of an officer, wherever and whenever occurring, whether the officer whose conduct is in question is on or off duty at the time the conduct occurs. officer includes a police recruit.\n(sec.6A.1-ssec.2) If any officer or staff member— knows or reasonably suspects that conduct to which this section refers has occurred; or is one in respect of whom it can be reasonably concluded that the officer or staff member knew or reasonably suspected that conduct to which this section refers has occurred; it is the duty— of the officer or staff member, in the case of conduct that is misconduct, to report the occurrence of the conduct, as soon as is practicable, to the commissioner and to the chairperson of the Crime and Corruption Commission; and of the officer, in the case of conduct that is misconduct or another ground for disciplinary action, to take all action necessary to achieve the purposes of part 7 that is— warranted and reasonable in the circumstances; and within the authority of the officer.\n(sec.6A.1-ssec.3) The commissioner may, by written instrument, exempt stated officers or staff members who have or are likely to have knowledge of conduct that is an alleged contravention of the Anti-Discrimination Act 1991 from compliance with subsection (2) , generally or on stated conditions.\n(sec.6A.1-ssec.4) The commissioner may give an exemption under subsection (3) only if the commissioner is reasonably satisfied giving the exemption will not adversely affect the welfare of the officers or staff members affected by or involved in the conduct.\n(sec.6A.1-ssec.5) However, if a person is given an exemption generally because the person is likely to have knowledge of an alleged contravention of the Anti-Discrimination Act 1991 and the person is the person against whom the complaint for the contravention is made, the exemption does not operate in relation to the complaint against the person.\n(sec.6A.1-ssec.6) Also, the commissioner may, by written instrument, exempt an officer or staff member from compliance with subsection (2) , generally or on stated conditions, if the officer or staff member— is appointed to provide confidential counselling services to officers and staff members; or is a prescribed person under section 5A .21A.\n(sec.6A.1-ssec.7) An exemption under subsection (6) only operates while the officer or staff member is providing professional counselling services in an official capacity.\n(sec.6A.1-ssec.8) If a person is not required to report misconduct under subsection (2) because of an exemption under subsection (3) , the commissioner also is not required to report the misconduct.\n- (a) knows or reasonably suspects that conduct to which this section refers has occurred; or\n- (b) is one in respect of whom it can be reasonably concluded that the officer or staff member knew or reasonably suspected that conduct to which this section refers has occurred;\n- (c) of the officer or staff member, in the case of conduct that is misconduct, to report the occurrence of the conduct, as soon as is practicable, to the commissioner and to the chairperson of the Crime and Corruption Commission; and\n- (d) of the officer, in the case of conduct that is misconduct or another ground for disciplinary action, to take all action necessary to achieve the purposes of part 7 that is— (i) warranted and reasonable in the circumstances; and (ii) within the authority of the officer.\n- (i) warranted and reasonable in the circumstances; and\n- (ii) within the authority of the officer.\n- (i) warranted and reasonable in the circumstances; and\n- (ii) within the authority of the officer.\n- (a) is appointed to provide confidential counselling services to officers and staff members; or\n- (b) is a prescribed person under section 5A .21A.","sortOrder":131},{"sectionNumber":"sec.6A.2","sectionType":"section","heading":"Offence of victimisation","content":"### sec.6A.2 Offence of victimisation\n\nA person who—\nprejudices, or threatens to prejudice, the safety or career of any person;\nintimidates or harasses, or threatens to intimidate or harass any person;\ndoes any action that is, or is likely to be, to the detriment of any person;\nbecause the person referred to in paragraph (a) , (b) or (c) , or any other person, has complied with section 6A .1 by performing the duty therein prescribed commits an offence against this Act.\nMaximum penalty—100 penalty units.\ns 6A.2 (prev s 7.3) amd 2019 No. 32 s 8 (1)\nreloc and renum 2019 No. 32 s 8 (2)\n- (a) prejudices, or threatens to prejudice, the safety or career of any person;\n- (b) intimidates or harasses, or threatens to intimidate or harass any person;\n- (c) does any action that is, or is likely to be, to the detriment of any person;","sortOrder":132},{"sectionNumber":"pt.7","sectionType":"part","heading":"Discipline process for officers","content":"# Discipline process for officers","sortOrder":133},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":134},{"sectionNumber":"sec.7.1","sectionType":"section","heading":"Main purposes of part","content":"### sec.7.1 Main purposes of part\n\nThe main purposes of this part are—\nto provide for a system of guiding, correcting, rehabilitating and, if necessary, disciplining officers; and\nto ensure appropriate standards of discipline are maintained within the service to—\nprotect the public; and\nuphold ethical standards within the service; and\npromote and maintain public confidence, and officers’ confidence, in the service.\ns 7.1 ins 2019 No. 32 s 9\n- (a) to provide for a system of guiding, correcting, rehabilitating and, if necessary, disciplining officers; and\n- (b) to ensure appropriate standards of discipline are maintained within the service to— (i) protect the public; and (ii) uphold ethical standards within the service; and (iii) promote and maintain public confidence, and officers’ confidence, in the service.\n- (i) protect the public; and\n- (ii) uphold ethical standards within the service; and\n- (iii) promote and maintain public confidence, and officers’ confidence, in the service.\n- (i) protect the public; and\n- (ii) uphold ethical standards within the service; and\n- (iii) promote and maintain public confidence, and officers’ confidence, in the service.","sortOrder":135},{"sectionNumber":"sec.7.2","sectionType":"section","heading":"Application of part","content":"### sec.7.2 Application of part\n\nThis part applies in relation to a complaint about an officer (the subject officer ) if—\nthe complaint is received by the commissioner or the CCC; and\nthe CCC has not assumed responsibility for investigating the complaint under the Crime and Corruption Act 2001 , section 47 or 48 .\nSee section 7 .7 for when the complaint is received by the commissioner or the CCC.\ns 7.2 ins 2019 No. 32 s 9\n- (a) the complaint is received by the commissioner or the CCC; and\n- (b) the CCC has not assumed responsibility for investigating the complaint under the Crime and Corruption Act 2001 , section 47 or 48 .","sortOrder":136},{"sectionNumber":"sec.7.3","sectionType":"section","heading":"Definitions for part","content":"### sec.7.3 Definitions for part\n\nIn this part—\nabbreviated process notice see section 7 .18(1).\ncomplaint , about an officer, includes a report about the officer’s conduct under section 6A .1.\ncomprehensive transfer see section 7 .37.\ndisciplinable conduct means conduct of the subject officer that may constitute a ground for disciplinary action.\ndisciplinary action means a disciplinary proceeding or the imposition of a professional development strategy under this part.\ndisciplinary charge , for division 4 , see section 7 .25(a).\ndisciplinary history , of an officer, includes—\ndisciplinary action taken against the officer; and\ncomplaints made against the officer in relation to which a disciplinary proceeding was started, if the disciplinary charge was found not to have been proved; and\ncomplaints made against the officer for which no disciplinary action has been taken.\ndisciplinary proceeding means a proceeding against the subject officer under division 3 or 4 .\ndisciplinary proceeding notice see section 7 .25.\ndisciplinary sanction see section 7 .34.\nfinally dealt with , in relation to a proceeding, means the proceeding has been withdrawn or dismissed or has otherwise ended, including—\nany review or appeal relating to the proceeding; or\nthe period for starting a review or appeal relating to the proceeding.\nground for disciplinary action means a ground for disciplining the subject officer mentioned in section 7 .4.\nlocal transfer see section 7 .38.\nofficer includes a recruit.\nprescribed officer means a police officer mentioned in section 2 .2(2)(a), (b) or (c) who holds a rank above the rank of the subject officer.\nprofessional development strategy means a requirement that the subject officer do 1 or more of the following things—\nundertake mentoring for a stated period not longer than 6 months;\nundertake closer supervision for a stated period not longer than 6 months;\ncomply with additional reporting obligations for a stated period not longer than 6 months;\ncomplete internal training;\ncomplete external training or professional development, at the expense of the service or the subject officer;\nundertake counselling, whether provided within the service or externally, at the expense of the service or the subject officer;\nreceive guidance;\nundertake a temporary reassignment of duties for a stated period not longer than 6 months;\nSee also section 7 .5(1) in relation to a temporary reassignment of duties.\nundertake or complete another program, development or strategy, at the expense of the service or the subject officer and with the subject officer’s agreement;\nanything else prescribed by regulation.\nproposed sanction notice see section 7 .28(2).\nproposed sanction or strategy —\nfor division 3 , see section 7 .18(1)(c); or\nfor division 4 , see section 7 .28(2)(c).\nrequired period , for division 3 , subdivision 3 , see section 7 .20.\nservice history , of an officer, includes—\nthe rank and positions held by the officer; and\nthe officer’s performance history, other than matters included in the officer’s disciplinary history; and\nother matters related to the officer’s service.\nsubject officer see section 7 .2.\ns 7.3 ins 2019 No. 32 s 9\n- (a) disciplinary action taken against the officer; and\n- (b) complaints made against the officer in relation to which a disciplinary proceeding was started, if the disciplinary charge was found not to have been proved; and\n- (c) complaints made against the officer for which no disciplinary action has been taken.\n- (a) any review or appeal relating to the proceeding; or\n- (b) the period for starting a review or appeal relating to the proceeding.\n- (a) undertake mentoring for a stated period not longer than 6 months;\n- (b) undertake closer supervision for a stated period not longer than 6 months;\n- (c) comply with additional reporting obligations for a stated period not longer than 6 months;\n- (d) complete internal training;\n- (e) complete external training or professional development, at the expense of the service or the subject officer;\n- (f) undertake counselling, whether provided within the service or externally, at the expense of the service or the subject officer;\n- (g) receive guidance;\n- (h) undertake a temporary reassignment of duties for a stated period not longer than 6 months; Note— See also section 7 .5(1) in relation to a temporary reassignment of duties.\n- (i) undertake or complete another program, development or strategy, at the expense of the service or the subject officer and with the subject officer’s agreement;\n- (j) anything else prescribed by regulation.\n- (a) for division 3 , see section 7 .18(1)(c); or\n- (b) for division 4 , see section 7 .28(2)(c).\n- (a) the rank and positions held by the officer; and\n- (b) the officer’s performance history, other than matters included in the officer’s disciplinary history; and\n- (c) other matters related to the officer’s service.","sortOrder":137},{"sectionNumber":"sec.7.4","sectionType":"section","heading":"Grounds for disciplinary action","content":"### sec.7.4 Grounds for disciplinary action\n\nThe subject officer may be disciplined under this part if the subject officer has—\ncommitted misconduct; or\nbeen convicted—\nin Queensland of an indictable offence; or\noutside Queensland of an offence that, if it were committed in Queensland, would be an indictable offence; or\nperformed the subject officer’s duties carelessly, incompetently or inefficiently; or\nbeen absent from duty without approved leave and without reasonable excuse; or\ncontravened, without reasonable excuse—\na provision of this Act or the Police Powers and Responsibilities Act 2000 ; or\na code of conduct that applies to the subject officer; or\na direction given to the subject officer by the commissioner under this Act or by a senior officer with authority to give the direction.\nFor subsection (1) (b) , the subject officer is convicted if a court makes a finding of guilt, or accepts a plea of guilty, whether or not a conviction is recorded.\ns 7.4 amd 1997 No. 59 s 48 sch 1 ; 2001 No. 69 s 378 sch 1 ; 2009 No. 24 s 1605 ; 2014 No. 21 s 94 (2) sch 2\nsub 2019 No. 32 s 9\n(sec.7.4-ssec.1) The subject officer may be disciplined under this part if the subject officer has— committed misconduct; or been convicted— in Queensland of an indictable offence; or outside Queensland of an offence that, if it were committed in Queensland, would be an indictable offence; or performed the subject officer’s duties carelessly, incompetently or inefficiently; or been absent from duty without approved leave and without reasonable excuse; or contravened, without reasonable excuse— a provision of this Act or the Police Powers and Responsibilities Act 2000 ; or a code of conduct that applies to the subject officer; or a direction given to the subject officer by the commissioner under this Act or by a senior officer with authority to give the direction.\n(sec.7.4-ssec.2) For subsection (1) (b) , the subject officer is convicted if a court makes a finding of guilt, or accepts a plea of guilty, whether or not a conviction is recorded.\n- (a) committed misconduct; or\n- (b) been convicted— (i) in Queensland of an indictable offence; or (ii) outside Queensland of an offence that, if it were committed in Queensland, would be an indictable offence; or\n- (i) in Queensland of an indictable offence; or\n- (ii) outside Queensland of an offence that, if it were committed in Queensland, would be an indictable offence; or\n- (c) performed the subject officer’s duties carelessly, incompetently or inefficiently; or\n- (d) been absent from duty without approved leave and without reasonable excuse; or\n- (e) contravened, without reasonable excuse— (i) a provision of this Act or the Police Powers and Responsibilities Act 2000 ; or (ii) a code of conduct that applies to the subject officer; or (iii) a direction given to the subject officer by the commissioner under this Act or by a senior officer with authority to give the direction.\n- (i) a provision of this Act or the Police Powers and Responsibilities Act 2000 ; or\n- (ii) a code of conduct that applies to the subject officer; or\n- (iii) a direction given to the subject officer by the commissioner under this Act or by a senior officer with authority to give the direction.\n- (i) in Queensland of an indictable offence; or\n- (ii) outside Queensland of an offence that, if it were committed in Queensland, would be an indictable offence; or\n- (i) a provision of this Act or the Police Powers and Responsibilities Act 2000 ; or\n- (ii) a code of conduct that applies to the subject officer; or\n- (iii) a direction given to the subject officer by the commissioner under this Act or by a senior officer with authority to give the direction.","sortOrder":138},{"sectionNumber":"sec.7.5","sectionType":"section","heading":"Imposition of professional development strategies etc.","content":"### sec.7.5 Imposition of professional development strategies etc.\n\nFor the definition professional development strategy , paragraph (h) , a temporary reassignment of duties may be imposed on the subject officer under this part only if—\nthe subject officer is not required to travel more than 40km by road from the officer’s place of residence to the location of the officer’s reassigned duties without the officer’s consent; and\nduring the reassignment, the officer’s salary, allowances and other entitlements under an industrial instrument are not less than the officer’s entitlements immediately before the reassignment.\nNothing in this part limits a senior officer—\nimposing, in a reasonable way, professional development strategies on the subject officer in relation to a ground for disciplinary action; or\ngiving the subject officer guidance in relation to inappropriate acts or omissions of the subject officer in the performance of the subject officer’s duty.\nSubsection (2) applies even if the period for starting a disciplinary proceeding against the subject officer based on the ground for disciplinary action has ended.\ns 7.5 ins 2019 No. 32 s 9\n(sec.7.5-ssec.1) For the definition professional development strategy , paragraph (h) , a temporary reassignment of duties may be imposed on the subject officer under this part only if— the subject officer is not required to travel more than 40km by road from the officer’s place of residence to the location of the officer’s reassigned duties without the officer’s consent; and during the reassignment, the officer’s salary, allowances and other entitlements under an industrial instrument are not less than the officer’s entitlements immediately before the reassignment.\n(sec.7.5-ssec.2) Nothing in this part limits a senior officer— imposing, in a reasonable way, professional development strategies on the subject officer in relation to a ground for disciplinary action; or giving the subject officer guidance in relation to inappropriate acts or omissions of the subject officer in the performance of the subject officer’s duty.\n(sec.7.5-ssec.3) Subsection (2) applies even if the period for starting a disciplinary proceeding against the subject officer based on the ground for disciplinary action has ended.\n- (a) the subject officer is not required to travel more than 40km by road from the officer’s place of residence to the location of the officer’s reassigned duties without the officer’s consent; and\n- (b) during the reassignment, the officer’s salary, allowances and other entitlements under an industrial instrument are not less than the officer’s entitlements immediately before the reassignment.\n- (a) imposing, in a reasonable way, professional development strategies on the subject officer in relation to a ground for disciplinary action; or\n- (b) giving the subject officer guidance in relation to inappropriate acts or omissions of the subject officer in the performance of the subject officer’s duty.","sortOrder":139},{"sectionNumber":"sec.7.6","sectionType":"section","heading":"Corrupt conduct","content":"### sec.7.6 Corrupt conduct\n\nNothing in this part prevents the CCC or the commissioner starting a corrupt conduct proceeding against the subject officer instead of a disciplinary proceeding.\nSubsection (3) applies if—\na corrupt conduct proceeding is started against the subject officer; and\na disciplinary proceeding relating to the corrupt conduct has been started against the subject officer but has not been finally dealt with.\nThe disciplinary proceeding is taken to have been withdrawn and is of no effect.\nIn this section—\ncorrupt conduct proceeding means a proceeding for corrupt conduct under the Crime and Corruption Act 2001 , section 219F .\ns 7.6 ins 2019 No. 32 s 9\n(sec.7.6-ssec.1) Nothing in this part prevents the CCC or the commissioner starting a corrupt conduct proceeding against the subject officer instead of a disciplinary proceeding.\n(sec.7.6-ssec.2) Subsection (3) applies if— a corrupt conduct proceeding is started against the subject officer; and a disciplinary proceeding relating to the corrupt conduct has been started against the subject officer but has not been finally dealt with.\n(sec.7.6-ssec.3) The disciplinary proceeding is taken to have been withdrawn and is of no effect.\n(sec.7.6-ssec.4) In this section— corrupt conduct proceeding means a proceeding for corrupt conduct under the Crime and Corruption Act 2001 , section 219F .\n- (a) a corrupt conduct proceeding is started against the subject officer; and\n- (b) a disciplinary proceeding relating to the corrupt conduct has been started against the subject officer but has not been finally dealt with.","sortOrder":140},{"sectionNumber":"sec.7.7","sectionType":"section","heading":"When complaints are received","content":"### sec.7.7 When complaints are received\n\nFor this part, a complaint is taken to be received by the commissioner or the CCC when the complaint is first recorded.\nHowever, if more than 1 complaint is received by the commissioner or the CCC about the same matter or substantially similar matters, each complaint is taken to be received by the commissioner or the CCC when any of the complaints is first recorded.\nThe commissioner and the chairperson of the CCC must ensure a complaint is recorded as soon as reasonably practicable after it is made.\nIn this section—\nrecorded means recorded in an electronic system for complaints management operated by the service or the CCC.\ns 7.7 ins 2019 No. 32 s 9\n(sec.7.7-ssec.1) For this part, a complaint is taken to be received by the commissioner or the CCC when the complaint is first recorded.\n(sec.7.7-ssec.2) However, if more than 1 complaint is received by the commissioner or the CCC about the same matter or substantially similar matters, each complaint is taken to be received by the commissioner or the CCC when any of the complaints is first recorded.\n(sec.7.7-ssec.3) The commissioner and the chairperson of the CCC must ensure a complaint is recorded as soon as reasonably practicable after it is made.\n(sec.7.7-ssec.4) In this section— recorded means recorded in an electronic system for complaints management operated by the service or the CCC.","sortOrder":141},{"sectionNumber":"sec.7.8","sectionType":"section","heading":"Requirement to give notices to subject officer’s lawyer","content":"### sec.7.8 Requirement to give notices to subject officer’s lawyer\n\nThis section applies if—\na provision of this part requires or permits a person to give a notice to the subject officer; and\nthe person is aware the subject officer is represented by a lawyer.\nThe person must give the subject officer’s lawyer a copy of the notice given to the subject officer.\nFailure to comply with subsection (2) does not affect—\nthe validity of the notice given to the subject officer; or\nthe person’s compliance with the provision mentioned in subsection (1) (a) .\ns 7.8 ins 2019 No. 32 s 9\n(sec.7.8-ssec.1) This section applies if— a provision of this part requires or permits a person to give a notice to the subject officer; and the person is aware the subject officer is represented by a lawyer.\n(sec.7.8-ssec.2) The person must give the subject officer’s lawyer a copy of the notice given to the subject officer.\n(sec.7.8-ssec.3) Failure to comply with subsection (2) does not affect— the validity of the notice given to the subject officer; or the person’s compliance with the provision mentioned in subsection (1) (a) .\n- (a) a provision of this part requires or permits a person to give a notice to the subject officer; and\n- (b) the person is aware the subject officer is represented by a lawyer.\n- (a) the validity of the notice given to the subject officer; or\n- (b) the person’s compliance with the provision mentioned in subsection (1) (a) .","sortOrder":142},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Preliminary provisions for starting disciplinary proceedings","content":"## Preliminary provisions for starting disciplinary proceedings","sortOrder":143},{"sectionNumber":"sec.7.9","sectionType":"section","heading":"Implementation of professional development strategies by commissioner","content":"### sec.7.9 Implementation of professional development strategies by commissioner\n\nThis section applies when the complaint mentioned in section 7 .2 is received by the commissioner, regardless of whether it was first recorded by the CCC.\nThe commissioner must consider whether to impose a professional development strategy on the subject officer.\nThe commissioner may impose a professional development strategy under this section—\nto reduce the risk of recurrence of similar conduct; or\nto improve the subject officer’s performance; or\nfor any other purpose.\nThe professional development strategy must be implemented, in a reasonable way, as soon as practicable after the ground for disciplinary action arises.\nSee also section 7 .35(3) in relation to the professional development strategy being taken into account by a prescribed officer deciding the disciplinary sanction to be imposed on the subject officer.\nIn this section—\nrecorded see section 7 .7.\ns 7.9 ins 2019 No. 32 s 9\n(sec.7.9-ssec.1) This section applies when the complaint mentioned in section 7 .2 is received by the commissioner, regardless of whether it was first recorded by the CCC.\n(sec.7.9-ssec.2) The commissioner must consider whether to impose a professional development strategy on the subject officer.\n(sec.7.9-ssec.3) The commissioner may impose a professional development strategy under this section— to reduce the risk of recurrence of similar conduct; or to improve the subject officer’s performance; or for any other purpose.\n(sec.7.9-ssec.4) The professional development strategy must be implemented, in a reasonable way, as soon as practicable after the ground for disciplinary action arises. See also section 7 .35(3) in relation to the professional development strategy being taken into account by a prescribed officer deciding the disciplinary sanction to be imposed on the subject officer.\n(sec.7.9-ssec.5) In this section— recorded see section 7 .7.\n- (a) to reduce the risk of recurrence of similar conduct; or\n- (b) to improve the subject officer’s performance; or\n- (c) for any other purpose.","sortOrder":144},{"sectionNumber":"sec.7.10","sectionType":"section","heading":"Referral of complaint to prescribed officer","content":"### sec.7.10 Referral of complaint to prescribed officer\n\nThis section applies if—\nthe complaint mentioned in section 7 .2 has been received by the commissioner; and\nthe commissioner has considered under section 7 .9 whether to impose a professional development strategy.\nThe commissioner must decide whether to refer the complaint to a prescribed officer, having regard to the following matters—\nany professional development strategy, or other management action, that has been implemented in relation to the subject officer;\nwhether implementation of any other professional development strategy would be sufficient to achieve the purposes mentioned in section 7 .1(b);\nthe subject officer’s disciplinary history and service history;\nthe seriousness of the conduct to which the complaint relates;\nwhether it is necessary to take disciplinary action against the subject officer to achieve the purposes mentioned in section 7 .1(b).\ns 7.10 ins 2019 No. 32 s 9\n(sec.7.10-ssec.1) This section applies if— the complaint mentioned in section 7 .2 has been received by the commissioner; and the commissioner has considered under section 7 .9 whether to impose a professional development strategy.\n(sec.7.10-ssec.2) The commissioner must decide whether to refer the complaint to a prescribed officer, having regard to the following matters— any professional development strategy, or other management action, that has been implemented in relation to the subject officer; whether implementation of any other professional development strategy would be sufficient to achieve the purposes mentioned in section 7 .1(b); the subject officer’s disciplinary history and service history; the seriousness of the conduct to which the complaint relates; whether it is necessary to take disciplinary action against the subject officer to achieve the purposes mentioned in section 7 .1(b).\n- (a) the complaint mentioned in section 7 .2 has been received by the commissioner; and\n- (b) the commissioner has considered under section 7 .9 whether to impose a professional development strategy.\n- (a) any professional development strategy, or other management action, that has been implemented in relation to the subject officer;\n- (b) whether implementation of any other professional development strategy would be sufficient to achieve the purposes mentioned in section 7 .1(b);\n- (c) the subject officer’s disciplinary history and service history;\n- (d) the seriousness of the conduct to which the complaint relates;\n- (e) whether it is necessary to take disciplinary action against the subject officer to achieve the purposes mentioned in section 7 .1(b).","sortOrder":145},{"sectionNumber":"sec.7.11","sectionType":"section","heading":"Requirements for starting disciplinary proceeding","content":"### sec.7.11 Requirements for starting disciplinary proceeding\n\nThis section applies if the commissioner has, under section 7 .10, referred the complaint to a prescribed officer.\nThe prescribed officer may start a disciplinary proceeding against the subject officer if the prescribed officer reasonably believes there is a ground for disciplinary action against the subject officer.\ns 7.11 ins 2019 No. 32 s 9\n(sec.7.11-ssec.1) This section applies if the commissioner has, under section 7 .10, referred the complaint to a prescribed officer.\n(sec.7.11-ssec.2) The prescribed officer may start a disciplinary proceeding against the subject officer if the prescribed officer reasonably believes there is a ground for disciplinary action against the subject officer.","sortOrder":146},{"sectionNumber":"sec.7.12","sectionType":"section","heading":"When disciplinary proceeding must be started","content":"### sec.7.12 When disciplinary proceeding must be started\n\nA disciplinary proceeding against the subject officer must start within the latest of the following periods to end—\n1 year from the date the ground for disciplinary action arises;\n6 months from the date the complaint mentioned in section 7 .2, or another complaint substantially relating to the same ground for disciplinary action, is received by the commissioner or the CCC;\nif a relevant proceeding has been started—6 months from the day the relevant proceeding is finally dealt with.\nFor this section, a period for which the subject officer is absent from duty is not counted if the commissioner can demonstrate the absence caused or contributed to a delay in starting a disciplinary proceeding.\nthe subject officer is on leave\nthe subject officer is suspended from duty\nFor this part, a disciplinary proceeding starts when an invitation under section 7 .17 or disciplinary proceeding notice for the proceeding is given to the subject officer by the prescribed officer.\nIn this section—\nrelevant proceeding means either of the following proceedings, in relation to conduct that substantially relates to the ground for disciplinary action—\na criminal proceeding started against a member of the service or a former officer within the meaning of section 7A .1(1)(b);\na proceeding for an application for a protection order under the Domestic and Family Violence Protection Act 2012 to which the subject officer is the respondent.\ns 7.12 ins 2019 No. 32 s 9\namd 2023 No. 7 s 54\n(sec.7.12-ssec.1) A disciplinary proceeding against the subject officer must start within the latest of the following periods to end— 1 year from the date the ground for disciplinary action arises; 6 months from the date the complaint mentioned in section 7 .2, or another complaint substantially relating to the same ground for disciplinary action, is received by the commissioner or the CCC; if a relevant proceeding has been started—6 months from the day the relevant proceeding is finally dealt with.\n(sec.7.12-ssec.2) For this section, a period for which the subject officer is absent from duty is not counted if the commissioner can demonstrate the absence caused or contributed to a delay in starting a disciplinary proceeding. the subject officer is on leave the subject officer is suspended from duty\n(sec.7.12-ssec.3) For this part, a disciplinary proceeding starts when an invitation under section 7 .17 or disciplinary proceeding notice for the proceeding is given to the subject officer by the prescribed officer.\n(sec.7.12-ssec.4) In this section— relevant proceeding means either of the following proceedings, in relation to conduct that substantially relates to the ground for disciplinary action— a criminal proceeding started against a member of the service or a former officer within the meaning of section 7A .1(1)(b); a proceeding for an application for a protection order under the Domestic and Family Violence Protection Act 2012 to which the subject officer is the respondent.\n- (a) 1 year from the date the ground for disciplinary action arises;\n- (b) 6 months from the date the complaint mentioned in section 7 .2, or another complaint substantially relating to the same ground for disciplinary action, is received by the commissioner or the CCC;\n- (c) if a relevant proceeding has been started—6 months from the day the relevant proceeding is finally dealt with.\n- • the subject officer is on leave\n- • the subject officer is suspended from duty\n- (a) a criminal proceeding started against a member of the service or a former officer within the meaning of section 7A .1(1)(b);\n- (b) a proceeding for an application for a protection order under the Domestic and Family Violence Protection Act 2012 to which the subject officer is the respondent.","sortOrder":147},{"sectionNumber":"sec.7.13","sectionType":"section","heading":"When ground for disciplinary action arises","content":"### sec.7.13 When ground for disciplinary action arises\n\nFor this part, a ground for disciplinary action against the subject officer arises on—\nif the ground relates to conduct involving a single act or omission—the day the conduct occurred; or\nif the ground relates to ongoing conduct of the same or a similar nature or arising out of the same circumstances—the latest day the conduct occurs.\nHowever, subsection (3) applies if—\nduring a prescribed operation, the commissioner or the CCC becomes aware of a ground for disciplinary action against the subject officer; and\na relevant officer overseeing all or part of the operation reasonably believes that starting disciplinary action against the subject officer may compromise the operation.\nThe ground for disciplinary action is taken to arise on the day the operation ends.\nIf subsection (3) applies because the CCC becomes aware of the ground for disciplinary action, the chairperson of the CCC must include the information mentioned in subsection (6) in a statutory declaration, or a report under the Crime and Corruption Act 2001 , section 49 , given to the commissioner.\nIf subsection (3) applies because the commissioner becomes aware of the ground for disciplinary action, the commissioner must issue a notice including the information mentioned in subsection (6) .\nFor subsections (4) and (5) , the information is—\nthat the commissioner or the CCC, as the case may be, became aware of a ground for disciplinary action against a named officer during a prescribed operation; and\nthe dates the operation started and ended; and\nthat a named relevant officer had oversight of all or part of the operation; and\nthe relevant officer reasonably believed that starting disciplinary action against the officer mentioned in paragraph (a) before the end of the operation may have compromised the operation.\nIn this section—\nintegrity agency means a statutory body established under a law of the Commonwealth or another State, the functions of which include the investigation of matters relating to integrity or corruption in the police force or service, or the public service, of the Commonwealth or that State.\npolice agency means a police force or service of the Commonwealth or another State.\nprescribed operation means—\na controlled activity or controlled operation under the Crime and Corruption Act 2001 or the Police Powers and Responsibilities Act 2000 ; or\na specific intelligence operation under the Crime and Corruption Act 2001 ; or\nan investigation by the CCC or an integrity agency; or\nan investigation carried out by the service, a police agency, the CCC or an integrity agency involving interception of telecommunications authorised by a warrant issued under the Telecommunications (Interception and Access) Act 1979 (Cwlth) ; or\nan investigation involving a surveillance device authorised by a surveillance device warrant issued under the Police Powers and Responsibilities Act 2000 ; or\nan activity, operation or investigation that—\nis carried out by a police agency or an integrity agency under a law of the Commonwealth or another State; and\ncorresponds or substantially corresponds to an activity, operation or investigation mentioned in paragraph (a) , (b) or (c) .\nrelevant officer means—\nthe commissioner; or\nthe chairperson of the CCC; or\na delegate of the commissioner or the chairperson of the CCC.\ns 7.13 ins 2019 No. 32 s 9\namd 2023 No. 7 s 55\n(sec.7.13-ssec.1) For this part, a ground for disciplinary action against the subject officer arises on— if the ground relates to conduct involving a single act or omission—the day the conduct occurred; or if the ground relates to ongoing conduct of the same or a similar nature or arising out of the same circumstances—the latest day the conduct occurs.\n(sec.7.13-ssec.2) However, subsection (3) applies if— during a prescribed operation, the commissioner or the CCC becomes aware of a ground for disciplinary action against the subject officer; and a relevant officer overseeing all or part of the operation reasonably believes that starting disciplinary action against the subject officer may compromise the operation.\n(sec.7.13-ssec.3) The ground for disciplinary action is taken to arise on the day the operation ends.\n(sec.7.13-ssec.4) If subsection (3) applies because the CCC becomes aware of the ground for disciplinary action, the chairperson of the CCC must include the information mentioned in subsection (6) in a statutory declaration, or a report under the Crime and Corruption Act 2001 , section 49 , given to the commissioner.\n(sec.7.13-ssec.5) If subsection (3) applies because the commissioner becomes aware of the ground for disciplinary action, the commissioner must issue a notice including the information mentioned in subsection (6) .\n(sec.7.13-ssec.6) For subsections (4) and (5) , the information is— that the commissioner or the CCC, as the case may be, became aware of a ground for disciplinary action against a named officer during a prescribed operation; and the dates the operation started and ended; and that a named relevant officer had oversight of all or part of the operation; and the relevant officer reasonably believed that starting disciplinary action against the officer mentioned in paragraph (a) before the end of the operation may have compromised the operation.\n(sec.7.13-ssec.7) In this section— integrity agency means a statutory body established under a law of the Commonwealth or another State, the functions of which include the investigation of matters relating to integrity or corruption in the police force or service, or the public service, of the Commonwealth or that State. police agency means a police force or service of the Commonwealth or another State. prescribed operation means— a controlled activity or controlled operation under the Crime and Corruption Act 2001 or the Police Powers and Responsibilities Act 2000 ; or a specific intelligence operation under the Crime and Corruption Act 2001 ; or an investigation by the CCC or an integrity agency; or an investigation carried out by the service, a police agency, the CCC or an integrity agency involving interception of telecommunications authorised by a warrant issued under the Telecommunications (Interception and Access) Act 1979 (Cwlth) ; or an investigation involving a surveillance device authorised by a surveillance device warrant issued under the Police Powers and Responsibilities Act 2000 ; or an activity, operation or investigation that— is carried out by a police agency or an integrity agency under a law of the Commonwealth or another State; and corresponds or substantially corresponds to an activity, operation or investigation mentioned in paragraph (a) , (b) or (c) . relevant officer means— the commissioner; or the chairperson of the CCC; or a delegate of the commissioner or the chairperson of the CCC.\n- (a) if the ground relates to conduct involving a single act or omission—the day the conduct occurred; or\n- (b) if the ground relates to ongoing conduct of the same or a similar nature or arising out of the same circumstances—the latest day the conduct occurs.\n- (a) during a prescribed operation, the commissioner or the CCC becomes aware of a ground for disciplinary action against the subject officer; and\n- (b) a relevant officer overseeing all or part of the operation reasonably believes that starting disciplinary action against the subject officer may compromise the operation.\n- (a) that the commissioner or the CCC, as the case may be, became aware of a ground for disciplinary action against a named officer during a prescribed operation; and\n- (b) the dates the operation started and ended; and\n- (c) that a named relevant officer had oversight of all or part of the operation; and\n- (d) the relevant officer reasonably believed that starting disciplinary action against the officer mentioned in paragraph (a) before the end of the operation may have compromised the operation.\n- (a) a controlled activity or controlled operation under the Crime and Corruption Act 2001 or the Police Powers and Responsibilities Act 2000 ; or\n- (b) a specific intelligence operation under the Crime and Corruption Act 2001 ; or\n- (c) an investigation by the CCC or an integrity agency; or\n- (d) an investigation carried out by the service, a police agency, the CCC or an integrity agency involving interception of telecommunications authorised by a warrant issued under the Telecommunications (Interception and Access) Act 1979 (Cwlth) ; or\n- (e) an investigation involving a surveillance device authorised by a surveillance device warrant issued under the Police Powers and Responsibilities Act 2000 ; or\n- (f) an activity, operation or investigation that— (i) is carried out by a police agency or an integrity agency under a law of the Commonwealth or another State; and (ii) corresponds or substantially corresponds to an activity, operation or investigation mentioned in paragraph (a) , (b) or (c) .\n- (i) is carried out by a police agency or an integrity agency under a law of the Commonwealth or another State; and\n- (ii) corresponds or substantially corresponds to an activity, operation or investigation mentioned in paragraph (a) , (b) or (c) .\n- (i) is carried out by a police agency or an integrity agency under a law of the Commonwealth or another State; and\n- (ii) corresponds or substantially corresponds to an activity, operation or investigation mentioned in paragraph (a) , (b) or (c) .\n- (a) the commissioner; or\n- (b) the chairperson of the CCC; or\n- (c) a delegate of the commissioner or the chairperson of the CCC.","sortOrder":148},{"sectionNumber":"sec.7.14","sectionType":"section","heading":"Examination by medical practitioner","content":"### sec.7.14 Examination by medical practitioner\n\nThis section applies if—\na prescribed officer is considering starting disciplinary action against the subject officer; and\nthe disciplinable conduct involves absence from duty.\nThe prescribed officer may—\nappoint a medical practitioner to examine the subject officer and give the commissioner a written report on the subject officer’s mental or physical condition; and\ndirect the subject officer to submit to the examination.\nThe report on the medical examination must include the medical practitioner’s opinion as to whether the subject officer’s mental or physical condition was a cause of the subject officer’s absence from duty.\nThe commissioner must give the subject officer a copy of the report.\ns 7.14 ins 2019 No. 32 s 9\n(sec.7.14-ssec.1) This section applies if— a prescribed officer is considering starting disciplinary action against the subject officer; and the disciplinable conduct involves absence from duty.\n(sec.7.14-ssec.2) The prescribed officer may— appoint a medical practitioner to examine the subject officer and give the commissioner a written report on the subject officer’s mental or physical condition; and direct the subject officer to submit to the examination.\n(sec.7.14-ssec.3) The report on the medical examination must include the medical practitioner’s opinion as to whether the subject officer’s mental or physical condition was a cause of the subject officer’s absence from duty.\n(sec.7.14-ssec.4) The commissioner must give the subject officer a copy of the report.\n- (a) a prescribed officer is considering starting disciplinary action against the subject officer; and\n- (b) the disciplinable conduct involves absence from duty.\n- (a) appoint a medical practitioner to examine the subject officer and give the commissioner a written report on the subject officer’s mental or physical condition; and\n- (b) direct the subject officer to submit to the examination.","sortOrder":149},{"sectionNumber":"pt.7-div.3","sectionType":"division","heading":"Abbreviated disciplinary proceedings","content":"## Abbreviated disciplinary proceedings","sortOrder":150},{"sectionNumber":"sec.7.15","sectionType":"section","heading":"Application of division","content":"### sec.7.15 Application of division\n\nThis division applies in relation to the subject officer if a disciplinary proceeding under division 4 relating to the complaint mentioned in section 7 .2—\nhas not been started; or\nhas been started but has not been finally dealt with.\nSee also the requirements in sections 7 .11 and 7.12 for starting disciplinary proceedings under this division.\ns 7.15 ins 2019 No. 32 s 9\n- (a) has not been started; or\n- (b) has been started but has not been finally dealt with.","sortOrder":151},{"sectionNumber":"sec.7.16","sectionType":"section","heading":"Offer to impose disciplinary sanction or professional development strategy","content":"### sec.7.16 Offer to impose disciplinary sanction or professional development strategy\n\nA prescribed officer may offer to impose a disciplinary sanction or professional development strategy on the subject officer under this division.\nHowever, the offer may be made only if the CCC has agreed to the making of the offer.\nThe offer may be made regardless of whether an investigation relating to the complaint has started or been finalised.\ns 7.16 ins 2019 No. 32 s 9\n(sec.7.16-ssec.1) A prescribed officer may offer to impose a disciplinary sanction or professional development strategy on the subject officer under this division.\n(sec.7.16-ssec.2) However, the offer may be made only if the CCC has agreed to the making of the offer.\n(sec.7.16-ssec.3) The offer may be made regardless of whether an investigation relating to the complaint has started or been finalised.","sortOrder":152},{"sectionNumber":"sec.7.17","sectionType":"section","heading":"Requirement to give subject officer an invitation and ability to seek further information","content":"### sec.7.17 Requirement to give subject officer an invitation and ability to seek further information\n\nBefore seeking the agreement of the CCC for section 7 .16, the prescribed officer—\nmust comply with subsections (2) and (3) ; and\nmay obtain further information from the subject officer under subsection (4) .\nThe prescribed officer must give the subject officer a written notice (an invitation ) stating the following matters—\nthe date and details of the complaint and alleged ground for disciplinary action;\nany further particulars necessary to identify the conduct alleged to constitute the ground for disciplinary action;\nthat the subject officer may give the prescribed officer a written submission and other material, within a stated period of at least 21 days, addressing—\nthe complaint; or\nwhat disciplinary sanction or professional development strategy the subject officer would accept if an offer were made under section 7 .16;\nthat the subject officer may refuse the invitation by giving the prescribed officer written notice of the refusal within the period mentioned in paragraph (c) .\nThe prescribed officer must consider any written submission or other materials given within the stated period to the prescribed officer by the subject officer.\nAfter complying with subsection (3) , the prescribed officer may, by written notice, require the subject officer to give the prescribed officer further stated information (the required information ) reasonably required by the prescribed officer to decide—\nwhether to make the subject officer an offer under section 7 .16; or\nthe disciplinary sanction or professional development strategy to be offered to the subject officer under section 7 .16.\nA notice given under subsection (4) must state the period, of at least 14 days, within which the required information must be given to the prescribed officer.\nThe prescribed officer may extend the period mentioned in subsection (5) .\ns 7.17 ins 2019 No. 32 s 9\namd 2023 No. 7 s 56\n(sec.7.17-ssec.1) Before seeking the agreement of the CCC for section 7 .16, the prescribed officer— must comply with subsections (2) and (3) ; and may obtain further information from the subject officer under subsection (4) .\n(sec.7.17-ssec.2) The prescribed officer must give the subject officer a written notice (an invitation ) stating the following matters— the date and details of the complaint and alleged ground for disciplinary action; any further particulars necessary to identify the conduct alleged to constitute the ground for disciplinary action; that the subject officer may give the prescribed officer a written submission and other material, within a stated period of at least 21 days, addressing— the complaint; or what disciplinary sanction or professional development strategy the subject officer would accept if an offer were made under section 7 .16; that the subject officer may refuse the invitation by giving the prescribed officer written notice of the refusal within the period mentioned in paragraph (c) .\n(sec.7.17-ssec.3) The prescribed officer must consider any written submission or other materials given within the stated period to the prescribed officer by the subject officer.\n(sec.7.17-ssec.4) After complying with subsection (3) , the prescribed officer may, by written notice, require the subject officer to give the prescribed officer further stated information (the required information ) reasonably required by the prescribed officer to decide— whether to make the subject officer an offer under section 7 .16; or the disciplinary sanction or professional development strategy to be offered to the subject officer under section 7 .16.\n(sec.7.17-ssec.5) A notice given under subsection (4) must state the period, of at least 14 days, within which the required information must be given to the prescribed officer.\n(sec.7.17-ssec.6) The prescribed officer may extend the period mentioned in subsection (5) .\n- (a) must comply with subsections (2) and (3) ; and\n- (b) may obtain further information from the subject officer under subsection (4) .\n- (a) the date and details of the complaint and alleged ground for disciplinary action;\n- (b) any further particulars necessary to identify the conduct alleged to constitute the ground for disciplinary action;\n- (c) that the subject officer may give the prescribed officer a written submission and other material, within a stated period of at least 21 days, addressing— (i) the complaint; or (ii) what disciplinary sanction or professional development strategy the subject officer would accept if an offer were made under section 7 .16;\n- (i) the complaint; or\n- (ii) what disciplinary sanction or professional development strategy the subject officer would accept if an offer were made under section 7 .16;\n- (d) that the subject officer may refuse the invitation by giving the prescribed officer written notice of the refusal within the period mentioned in paragraph (c) .\n- (i) the complaint; or\n- (ii) what disciplinary sanction or professional development strategy the subject officer would accept if an offer were made under section 7 .16;\n- (a) whether to make the subject officer an offer under section 7 .16; or\n- (b) the disciplinary sanction or professional development strategy to be offered to the subject officer under section 7 .16.","sortOrder":153},{"sectionNumber":"sec.7.17A","sectionType":"section","heading":"Ending of proceeding—subject officer does not accept invitation","content":"### sec.7.17A Ending of proceeding—subject officer does not accept invitation\n\nSubsection (2) applies if the subject officer—\ndoes not give the prescribed officer a written submission and other material within the stated period under section 7 .17(2)(c); or\ngives the prescribed officer a written notice refusing the invitation within the stated period under section 7 .17(2)(d); or\nfails to give the prescribed officer the required information within the period stated in section 7 .17(5) or the further period stated in section 7 .17(6).\nThe disciplinary proceeding under this division ends and a disciplinary proceeding against the subject officer may be started under division 4 .\nFor starting a disciplinary proceeding against the subject officer under division 4 , section 7 .12(1)(b) applies as if it referred to the period of 6 months from the following day—\nif the subject officer does not give the prescribed officer a written submission and other material within the stated period under section 7 .17(2)(c)—the day the stated period ends;\nif the subject officer gives the prescribed officer a written notice refusing the invitation within the stated period under section 7 .17(2)(d)—the day the notice is given;\nif the prescribed officer requires the subject officer to give the prescribed officer required information and the subject officer fails to give the information within the period stated in section 7 .17(5) or the further period stated in section 7 .17(6)—the day the period or further period ends.\ns 7.17A ins 2023 No. 7 s 57\n(sec.7.17A-ssec.1) Subsection (2) applies if the subject officer— does not give the prescribed officer a written submission and other material within the stated period under section 7 .17(2)(c); or gives the prescribed officer a written notice refusing the invitation within the stated period under section 7 .17(2)(d); or fails to give the prescribed officer the required information within the period stated in section 7 .17(5) or the further period stated in section 7 .17(6).\n(sec.7.17A-ssec.2) The disciplinary proceeding under this division ends and a disciplinary proceeding against the subject officer may be started under division 4 .\n(sec.7.17A-ssec.3) For starting a disciplinary proceeding against the subject officer under division 4 , section 7 .12(1)(b) applies as if it referred to the period of 6 months from the following day— if the subject officer does not give the prescribed officer a written submission and other material within the stated period under section 7 .17(2)(c)—the day the stated period ends; if the subject officer gives the prescribed officer a written notice refusing the invitation within the stated period under section 7 .17(2)(d)—the day the notice is given; if the prescribed officer requires the subject officer to give the prescribed officer required information and the subject officer fails to give the information within the period stated in section 7 .17(5) or the further period stated in section 7 .17(6)—the day the period or further period ends.\n- (a) does not give the prescribed officer a written submission and other material within the stated period under section 7 .17(2)(c); or\n- (b) gives the prescribed officer a written notice refusing the invitation within the stated period under section 7 .17(2)(d); or\n- (c) fails to give the prescribed officer the required information within the period stated in section 7 .17(5) or the further period stated in section 7 .17(6).\n- (a) if the subject officer does not give the prescribed officer a written submission and other material within the stated period under section 7 .17(2)(c)—the day the stated period ends;\n- (b) if the subject officer gives the prescribed officer a written notice refusing the invitation within the stated period under section 7 .17(2)(d)—the day the notice is given;\n- (c) if the prescribed officer requires the subject officer to give the prescribed officer required information and the subject officer fails to give the information within the period stated in section 7 .17(5) or the further period stated in section 7 .17(6)—the day the period or further period ends.","sortOrder":154},{"sectionNumber":"sec.7.18","sectionType":"section","heading":"Abbreviated process notice","content":"### sec.7.18 Abbreviated process notice\n\nAn offer under section 7 .16 must be made by giving the subject officer a written notice (an abbreviated process notice ) stating the following matters—\nthe date and details of the complaint and alleged ground for disciplinary action;\nany further particulars necessary to identify the conduct alleged to constitute the ground for disciplinary action;\nthe disciplinary sanction or professional development strategy (the proposed sanction or strategy ) the prescribed officer proposes to impose;\nthat the proposed sanction or strategy will be imposed only if the subject officer accepts it;\nthe period within which, and how, the subject officer may accept the proposed sanction or strategy;\nthat the subject officer’s acceptance of the proposed sanction or strategy may be accompanied by a submission or other materials about the complaint or the proposed sanction or strategy;\nthat if a disciplinary sanction or professional development strategy is imposed under this division—\nthe sanction or strategy will be part of the subject officer’s disciplinary history; and\nthere is no right of review under this Act or the Crime and Corruption Act 2001 in relation to the imposition of the disciplinary sanction or professional development strategy;\nthat the subject officer may apply to QCAT under section 7 .24 for an order quashing the disciplinary proceeding in particular circumstances.\nFor subsection (1) (e) , the stated period must be a reasonable period of at least 21 days after the subject officer is given the abbreviated process notice.\ns 7.18 ins 2019 No. 32 s 9\n(sec.7.18-ssec.1) An offer under section 7 .16 must be made by giving the subject officer a written notice (an abbreviated process notice ) stating the following matters— the date and details of the complaint and alleged ground for disciplinary action; any further particulars necessary to identify the conduct alleged to constitute the ground for disciplinary action; the disciplinary sanction or professional development strategy (the proposed sanction or strategy ) the prescribed officer proposes to impose; that the proposed sanction or strategy will be imposed only if the subject officer accepts it; the period within which, and how, the subject officer may accept the proposed sanction or strategy; that the subject officer’s acceptance of the proposed sanction or strategy may be accompanied by a submission or other materials about the complaint or the proposed sanction or strategy; that if a disciplinary sanction or professional development strategy is imposed under this division— the sanction or strategy will be part of the subject officer’s disciplinary history; and there is no right of review under this Act or the Crime and Corruption Act 2001 in relation to the imposition of the disciplinary sanction or professional development strategy; that the subject officer may apply to QCAT under section 7 .24 for an order quashing the disciplinary proceeding in particular circumstances.\n(sec.7.18-ssec.2) For subsection (1) (e) , the stated period must be a reasonable period of at least 21 days after the subject officer is given the abbreviated process notice.\n- (a) the date and details of the complaint and alleged ground for disciplinary action;\n- (b) any further particulars necessary to identify the conduct alleged to constitute the ground for disciplinary action;\n- (c) the disciplinary sanction or professional development strategy (the proposed sanction or strategy ) the prescribed officer proposes to impose;\n- (d) that the proposed sanction or strategy will be imposed only if the subject officer accepts it;\n- (e) the period within which, and how, the subject officer may accept the proposed sanction or strategy;\n- (f) that the subject officer’s acceptance of the proposed sanction or strategy may be accompanied by a submission or other materials about the complaint or the proposed sanction or strategy;\n- (g) that if a disciplinary sanction or professional development strategy is imposed under this division— (i) the sanction or strategy will be part of the subject officer’s disciplinary history; and (ii) there is no right of review under this Act or the Crime and Corruption Act 2001 in relation to the imposition of the disciplinary sanction or professional development strategy;\n- (i) the sanction or strategy will be part of the subject officer’s disciplinary history; and\n- (ii) there is no right of review under this Act or the Crime and Corruption Act 2001 in relation to the imposition of the disciplinary sanction or professional development strategy;\n- (h) that the subject officer may apply to QCAT under section 7 .24 for an order quashing the disciplinary proceeding in particular circumstances.\n- (i) the sanction or strategy will be part of the subject officer’s disciplinary history; and\n- (ii) there is no right of review under this Act or the Crime and Corruption Act 2001 in relation to the imposition of the disciplinary sanction or professional development strategy;","sortOrder":155},{"sectionNumber":"sec.7.19","sectionType":"section","heading":"Subject officer may ask commissioner to make offer","content":"### sec.7.19 Subject officer may ask commissioner to make offer\n\nThe subject officer may, at any time, ask the commissioner to consider making an offer under section 7 .16.\nThe request may be accompanied by a written submission or other materials about matters the subject officer believes the commissioner should consider in deciding—\nwhether to make the offer; or\nan appropriate disciplinary sanction or professional development strategy to be proposed.\ns 7.19 ins 2019 No. 32 s 9\n(sec.7.19-ssec.1) The subject officer may, at any time, ask the commissioner to consider making an offer under section 7 .16.\n(sec.7.19-ssec.2) The request may be accompanied by a written submission or other materials about matters the subject officer believes the commissioner should consider in deciding— whether to make the offer; or an appropriate disciplinary sanction or professional development strategy to be proposed.\n- (a) whether to make the offer; or\n- (b) an appropriate disciplinary sanction or professional development strategy to be proposed.","sortOrder":156},{"sectionNumber":"sec.7.20","sectionType":"section","heading":"Definition for subdivision","content":"### sec.7.20 Definition for subdivision\n\nIn this subdivision—\nrequired period means—\nthe period stated in the abbreviated process notice under section 7 .18(1)(e); or\nif the period mentioned in paragraph (a) is extended under section 7 .21(3)—the extended period.\ns 7.20 ins 2019 No. 32 s 9\n- (a) the period stated in the abbreviated process notice under section 7 .18(1)(e); or\n- (b) if the period mentioned in paragraph (a) is extended under section 7 .21(3)—the extended period.","sortOrder":157},{"sectionNumber":"sec.7.21","sectionType":"section","heading":"Subject officer’s acceptance of proposed sanction or strategy","content":"### sec.7.21 Subject officer’s acceptance of proposed sanction or strategy\n\nIf an abbreviated process notice is given to the subject officer, the subject officer may, by written notice that complies with subsection (2) (a) , accept the proposed sanction or strategy.\nThe subject officer’s notice—\nmust be given to the prescribed officer—\nwithin the required period; and\nin the way stated in the abbreviated process notice under section 7 .18(1)(e); and\nmay be accompanied by a submission or other materials about the complaint or the proposed sanction or strategy.\nThe prescribed officer may, by agreement with the subject officer, extend the period stated in the abbreviated process notice in which the subject officer may accept the proposed sanction or strategy.\ns 7.21 ins 2019 No. 32 s 9\n(sec.7.21-ssec.1) If an abbreviated process notice is given to the subject officer, the subject officer may, by written notice that complies with subsection (2) (a) , accept the proposed sanction or strategy.\n(sec.7.21-ssec.2) The subject officer’s notice— must be given to the prescribed officer— within the required period; and in the way stated in the abbreviated process notice under section 7 .18(1)(e); and may be accompanied by a submission or other materials about the complaint or the proposed sanction or strategy.\n(sec.7.21-ssec.3) The prescribed officer may, by agreement with the subject officer, extend the period stated in the abbreviated process notice in which the subject officer may accept the proposed sanction or strategy.\n- (a) must be given to the prescribed officer— (i) within the required period; and (ii) in the way stated in the abbreviated process notice under section 7 .18(1)(e); and\n- (i) within the required period; and\n- (ii) in the way stated in the abbreviated process notice under section 7 .18(1)(e); and\n- (b) may be accompanied by a submission or other materials about the complaint or the proposed sanction or strategy.\n- (i) within the required period; and\n- (ii) in the way stated in the abbreviated process notice under section 7 .18(1)(e); and","sortOrder":158},{"sectionNumber":"sec.7.22","sectionType":"section","heading":"Ending of proceeding—subject officer does not accept proposed sanction or strategy","content":"### sec.7.22 Ending of proceeding—subject officer does not accept proposed sanction or strategy\n\nIf the subject officer does not accept the proposed sanction or strategy within the required period—\nthe disciplinary proceeding under this division ends; and\na disciplinary proceeding against the subject officer may be started under division 4 ; and\neach of the following is not admissible against the subject officer in any proceeding, including a subsequent disciplinary proceeding—\na submission made by the subject officer in response to an invitation under section 7 .17, including any accompanying materials;\na request made by the subject officer under section 7 .19, including any accompanying submission or other materials.\nFor starting a disciplinary proceeding against the subject officer under division 4 , section 7 .12(1)(b) applies as if it referred to the period of 6 months from the following day—\nif the subject officer gives the prescribed officer a written notice refusing to accept the proposed sanction or strategy within the required period—the day the notice is given;\notherwise—the day the required period ends.\ns 7.22 ins 2019 No. 32 s 9\n(sec.7.22-ssec.1) If the subject officer does not accept the proposed sanction or strategy within the required period— the disciplinary proceeding under this division ends; and a disciplinary proceeding against the subject officer may be started under division 4 ; and each of the following is not admissible against the subject officer in any proceeding, including a subsequent disciplinary proceeding— a submission made by the subject officer in response to an invitation under section 7 .17, including any accompanying materials; a request made by the subject officer under section 7 .19, including any accompanying submission or other materials.\n(sec.7.22-ssec.2) For starting a disciplinary proceeding against the subject officer under division 4 , section 7 .12(1)(b) applies as if it referred to the period of 6 months from the following day— if the subject officer gives the prescribed officer a written notice refusing to accept the proposed sanction or strategy within the required period—the day the notice is given; otherwise—the day the required period ends.\n- (a) the disciplinary proceeding under this division ends; and\n- (b) a disciplinary proceeding against the subject officer may be started under division 4 ; and\n- (c) each of the following is not admissible against the subject officer in any proceeding, including a subsequent disciplinary proceeding— (i) a submission made by the subject officer in response to an invitation under section 7 .17, including any accompanying materials; (ii) a request made by the subject officer under section 7 .19, including any accompanying submission or other materials.\n- (i) a submission made by the subject officer in response to an invitation under section 7 .17, including any accompanying materials;\n- (ii) a request made by the subject officer under section 7 .19, including any accompanying submission or other materials.\n- (i) a submission made by the subject officer in response to an invitation under section 7 .17, including any accompanying materials;\n- (ii) a request made by the subject officer under section 7 .19, including any accompanying submission or other materials.\n- (a) if the subject officer gives the prescribed officer a written notice refusing to accept the proposed sanction or strategy within the required period—the day the notice is given;\n- (b) otherwise—the day the required period ends.","sortOrder":159},{"sectionNumber":"sec.7.23","sectionType":"section","heading":"Imposition of disciplinary sanction or professional development strategy","content":"### sec.7.23 Imposition of disciplinary sanction or professional development strategy\n\nThis section applies if the subject officer accepts the proposed sanction or strategy within the required period.\nThe prescribed officer must, after considering any written submission and other materials given to the prescribed officer by the subject officer under this division—\nimpose the proposed sanction or strategy; and\ngive the subject officer notice of the decision, including a brief statement of the reasons for the decision.\nThe subject officer is taken to have admitted the alleged ground for disciplinary action stated in the abbreviated process notice.\nThe imposition of the disciplinary sanction or professional development strategy finalises the complaint to which the proceeding relates.\nThis section applies subject to section 7 .24 and division 5 .\ns 7.23 ins 2019 No. 32 s 9\n(sec.7.23-ssec.1) This section applies if the subject officer accepts the proposed sanction or strategy within the required period.\n(sec.7.23-ssec.2) The prescribed officer must, after considering any written submission and other materials given to the prescribed officer by the subject officer under this division— impose the proposed sanction or strategy; and give the subject officer notice of the decision, including a brief statement of the reasons for the decision.\n(sec.7.23-ssec.3) The subject officer is taken to have admitted the alleged ground for disciplinary action stated in the abbreviated process notice.\n(sec.7.23-ssec.4) The imposition of the disciplinary sanction or professional development strategy finalises the complaint to which the proceeding relates.\n(sec.7.23-ssec.5) This section applies subject to section 7 .24 and division 5 .\n- (a) impose the proposed sanction or strategy; and\n- (b) give the subject officer notice of the decision, including a brief statement of the reasons for the decision.","sortOrder":160},{"sectionNumber":"sec.7.24","sectionType":"section","heading":"New evidence and quashing of proceeding by QCAT","content":"### sec.7.24 New evidence and quashing of proceeding by QCAT\n\nThis section applies if—\na disciplinary sanction or professional development strategy has been imposed under this division; and\nfresh, additional or substituted evidence ( new evidence ) later emerges that, had it been considered by the prescribed officer in deciding the disciplinary sanction or professional development strategy to be imposed, would have affected the decision.\nThe CCC, the commissioner or the subject officer may apply to QCAT for an order quashing the proceeding under this division.\nQCAT may make an order quashing the proceeding under this division if satisfied—\nthe new evidence would have had a considerable effect on the disciplinary sanction or professional development strategy imposed; and\nit is in the interests of justice to quash the proceeding.\nIf QCAT makes an order quashing the disciplinary proceeding under this division—\nthe proceeding is taken to have never occurred; and\nsubject to subsection (5) , a new disciplinary proceeding may be started against the subject officer in relation to the same matter or a substantially similar matter; and\neach of the following is inadmissible in a new disciplinary proceeding or proceeding for corrupt conduct under the Crime and Corruption Act 2001 —\nan invitation under section 7 .17, an abbreviated process notice or a request to be given an abbreviated process notice;\na submission or decision made under section 7 .17, 7.19 or 7.21;\nanything else produced by the subject officer for the proceeding.\nDespite section 7 .12, a new disciplinary proceeding mentioned in subsection (4) (b) must be started within 6 months of the making of the order by QCAT.\ns 7.24 ins 2019 No. 32 s 9\n(sec.7.24-ssec.1) This section applies if— a disciplinary sanction or professional development strategy has been imposed under this division; and fresh, additional or substituted evidence ( new evidence ) later emerges that, had it been considered by the prescribed officer in deciding the disciplinary sanction or professional development strategy to be imposed, would have affected the decision.\n(sec.7.24-ssec.2) The CCC, the commissioner or the subject officer may apply to QCAT for an order quashing the proceeding under this division.\n(sec.7.24-ssec.3) QCAT may make an order quashing the proceeding under this division if satisfied— the new evidence would have had a considerable effect on the disciplinary sanction or professional development strategy imposed; and it is in the interests of justice to quash the proceeding.\n(sec.7.24-ssec.4) If QCAT makes an order quashing the disciplinary proceeding under this division— the proceeding is taken to have never occurred; and subject to subsection (5) , a new disciplinary proceeding may be started against the subject officer in relation to the same matter or a substantially similar matter; and each of the following is inadmissible in a new disciplinary proceeding or proceeding for corrupt conduct under the Crime and Corruption Act 2001 — an invitation under section 7 .17, an abbreviated process notice or a request to be given an abbreviated process notice; a submission or decision made under section 7 .17, 7.19 or 7.21; anything else produced by the subject officer for the proceeding.\n(sec.7.24-ssec.5) Despite section 7 .12, a new disciplinary proceeding mentioned in subsection (4) (b) must be started within 6 months of the making of the order by QCAT.\n- (a) a disciplinary sanction or professional development strategy has been imposed under this division; and\n- (b) fresh, additional or substituted evidence ( new evidence ) later emerges that, had it been considered by the prescribed officer in deciding the disciplinary sanction or professional development strategy to be imposed, would have affected the decision.\n- (a) the new evidence would have had a considerable effect on the disciplinary sanction or professional development strategy imposed; and\n- (b) it is in the interests of justice to quash the proceeding.\n- (a) the proceeding is taken to have never occurred; and\n- (b) subject to subsection (5) , a new disciplinary proceeding may be started against the subject officer in relation to the same matter or a substantially similar matter; and\n- (c) each of the following is inadmissible in a new disciplinary proceeding or proceeding for corrupt conduct under the Crime and Corruption Act 2001 — (i) an invitation under section 7 .17, an abbreviated process notice or a request to be given an abbreviated process notice; (ii) a submission or decision made under section 7 .17, 7.19 or 7.21; (iii) anything else produced by the subject officer for the proceeding.\n- (i) an invitation under section 7 .17, an abbreviated process notice or a request to be given an abbreviated process notice;\n- (ii) a submission or decision made under section 7 .17, 7.19 or 7.21;\n- (iii) anything else produced by the subject officer for the proceeding.\n- (i) an invitation under section 7 .17, an abbreviated process notice or a request to be given an abbreviated process notice;\n- (ii) a submission or decision made under section 7 .17, 7.19 or 7.21;\n- (iii) anything else produced by the subject officer for the proceeding.","sortOrder":161},{"sectionNumber":"pt.7-div.4","sectionType":"division","heading":"Process for hearings by prescribed officers","content":"## Process for hearings by prescribed officers","sortOrder":162},{"sectionNumber":"sec.7.25","sectionType":"section","heading":"How disciplinary proceeding is started","content":"### sec.7.25 How disciplinary proceeding is started\n\nA prescribed officer may start a disciplinary proceeding under this division by giving the subject officer a notice (a disciplinary proceeding notice ) stating—\nparticulars of the alleged ground for disciplinary action (the disciplinary charge ); and\nthat the subject officer may, within a stated period of at least 28 days, give the prescribed officer a written submission and other materials to show why disciplinary action should not be taken in relation to the disciplinary charge.\nSee also the requirements in sections 7 .11 and 7.12 for starting disciplinary proceedings under this division.\ns 7.25 ins 2019 No. 32 s 9\n- (a) particulars of the alleged ground for disciplinary action (the disciplinary charge ); and\n- (b) that the subject officer may, within a stated period of at least 28 days, give the prescribed officer a written submission and other materials to show why disciplinary action should not be taken in relation to the disciplinary charge.","sortOrder":163},{"sectionNumber":"sec.7.26","sectionType":"section","heading":"Subject officer’s right to make written submission","content":"### sec.7.26 Subject officer’s right to make written submission\n\nThe subject officer may, within the required period, give the prescribed officer a written submission and other materials to show why disciplinary action should not be taken in relation to the disciplinary charge.\nThe prescribed officer may, by agreement with the subject officer, extend the period stated in the disciplinary proceeding notice under section 7 .25(b).\nIn this section—\nrequired period means—\nthe period mentioned in the disciplinary proceeding notice under section 7 .25; or\nif the period mentioned in paragraph (a) has been extended under subsection (2) —the extended period.\ns 7.26 ins 2019 No. 32 s 9\namd 2023 No. 7 s 68 s ch 1 pt 1\n(sec.7.26-ssec.1) The subject officer may, within the required period, give the prescribed officer a written submission and other materials to show why disciplinary action should not be taken in relation to the disciplinary charge.\n(sec.7.26-ssec.2) The prescribed officer may, by agreement with the subject officer, extend the period stated in the disciplinary proceeding notice under section 7 .25(b).\n(sec.7.26-ssec.3) In this section— required period means— the period mentioned in the disciplinary proceeding notice under section 7 .25; or if the period mentioned in paragraph (a) has been extended under subsection (2) —the extended period.\n- (a) the period mentioned in the disciplinary proceeding notice under section 7 .25; or\n- (b) if the period mentioned in paragraph (a) has been extended under subsection (2) —the extended period.","sortOrder":164},{"sectionNumber":"sec.7.27","sectionType":"section","heading":"Decision about whether disciplinary charge is proved","content":"### sec.7.27 Decision about whether disciplinary charge is proved\n\nThis section applies if—\neither—\nthe required period under section 7 .26 has ended; or\na written submission has been given to the prescribed officer by the subject officer under section 7 .26(1); and\nthe prescribed officer has considered any written submission and other materials given to the prescribed officer by the subject officer under section 7 .26(1).\nThe prescribed officer must decide whether the disciplinary charge, or another ground for disciplinary action, is proved.\nSubsection (4) applies if—\nthe prescribed officer is not reasonably satisfied the disciplinary charge, or another ground for disciplinary action, is proved; or\nthe prescribed officer—\nis reasonably satisfied the disciplinary charge, or another ground for disciplinary action, is proved; but\ndoes not propose to impose a disciplinary sanction or professional development strategy on the subject officer.\nWithin 14 days after making the decision, the prescribed officer must—\nfor a decision mentioned in subsection (3) (a) —\ngive the subject officer written notice of the decision; and\ngive the CCC a QCAT information notice for the decision; or\nfor a decision mentioned in subsection (3) (b) —give the subject officer and the CCC a QCAT information notice for the decision.\nIf the prescribed officer is satisfied the disciplinary charge or another ground for disciplinary action is proved, see also section 7 .31 for the requirement to give a QCAT information notice for—\nthe decision that the disciplinary charge, or another ground for disciplinary action, is proved\nthe decision to impose, or not to impose, a disciplinary sanction or professional development strategy.\nSee the Crime and Corruption Act 2001 , chapter 5 , part 3 in relation to review by QCAT of the decisions mentioned in subsection (3) .\ns 7.27 ins 2019 No. 32 s 9\n(sec.7.27-ssec.1) This section applies if— either— the required period under section 7 .26 has ended; or a written submission has been given to the prescribed officer by the subject officer under section 7 .26(1); and the prescribed officer has considered any written submission and other materials given to the prescribed officer by the subject officer under section 7 .26(1).\n(sec.7.27-ssec.2) The prescribed officer must decide whether the disciplinary charge, or another ground for disciplinary action, is proved.\n(sec.7.27-ssec.3) Subsection (4) applies if— the prescribed officer is not reasonably satisfied the disciplinary charge, or another ground for disciplinary action, is proved; or the prescribed officer— is reasonably satisfied the disciplinary charge, or another ground for disciplinary action, is proved; but does not propose to impose a disciplinary sanction or professional development strategy on the subject officer.\n(sec.7.27-ssec.4) Within 14 days after making the decision, the prescribed officer must— for a decision mentioned in subsection (3) (a) — give the subject officer written notice of the decision; and give the CCC a QCAT information notice for the decision; or for a decision mentioned in subsection (3) (b) —give the subject officer and the CCC a QCAT information notice for the decision. If the prescribed officer is satisfied the disciplinary charge or another ground for disciplinary action is proved, see also section 7 .31 for the requirement to give a QCAT information notice for— the decision that the disciplinary charge, or another ground for disciplinary action, is proved the decision to impose, or not to impose, a disciplinary sanction or professional development strategy. See the Crime and Corruption Act 2001 , chapter 5 , part 3 in relation to review by QCAT of the decisions mentioned in subsection (3) .\n- (a) either— (i) the required period under section 7 .26 has ended; or (ii) a written submission has been given to the prescribed officer by the subject officer under section 7 .26(1); and\n- (i) the required period under section 7 .26 has ended; or\n- (ii) a written submission has been given to the prescribed officer by the subject officer under section 7 .26(1); and\n- (b) the prescribed officer has considered any written submission and other materials given to the prescribed officer by the subject officer under section 7 .26(1).\n- (i) the required period under section 7 .26 has ended; or\n- (ii) a written submission has been given to the prescribed officer by the subject officer under section 7 .26(1); and\n- (a) the prescribed officer is not reasonably satisfied the disciplinary charge, or another ground for disciplinary action, is proved; or\n- (b) the prescribed officer— (i) is reasonably satisfied the disciplinary charge, or another ground for disciplinary action, is proved; but (ii) does not propose to impose a disciplinary sanction or professional development strategy on the subject officer.\n- (i) is reasonably satisfied the disciplinary charge, or another ground for disciplinary action, is proved; but\n- (ii) does not propose to impose a disciplinary sanction or professional development strategy on the subject officer.\n- (i) is reasonably satisfied the disciplinary charge, or another ground for disciplinary action, is proved; but\n- (ii) does not propose to impose a disciplinary sanction or professional development strategy on the subject officer.\n- (a) for a decision mentioned in subsection (3) (a) — (i) give the subject officer written notice of the decision; and (ii) give the CCC a QCAT information notice for the decision; or\n- (i) give the subject officer written notice of the decision; and\n- (ii) give the CCC a QCAT information notice for the decision; or\n- (b) for a decision mentioned in subsection (3) (b) —give the subject officer and the CCC a QCAT information notice for the decision.\n- (i) give the subject officer written notice of the decision; and\n- (ii) give the CCC a QCAT information notice for the decision; or\n- 1 If the prescribed officer is satisfied the disciplinary charge or another ground for disciplinary action is proved, see also section 7 .31 for the requirement to give a QCAT information notice for— • the decision that the disciplinary charge, or another ground for disciplinary action, is proved • the decision to impose, or not to impose, a disciplinary sanction or professional development strategy.\n- • the decision that the disciplinary charge, or another ground for disciplinary action, is proved\n- • the decision to impose, or not to impose, a disciplinary sanction or professional development strategy.\n- 2 See the Crime and Corruption Act 2001 , chapter 5 , part 3 in relation to review by QCAT of the decisions mentioned in subsection (3) .\n- • the decision that the disciplinary charge, or another ground for disciplinary action, is proved\n- • the decision to impose, or not to impose, a disciplinary sanction or professional development strategy.","sortOrder":165},{"sectionNumber":"sec.7.28","sectionType":"section","heading":"Proposed sanction notice","content":"### sec.7.28 Proposed sanction notice\n\nThis section applies if, under section 7 .27, the prescribed officer is reasonably satisfied the disciplinary charge, or another ground for disciplinary action, is proved.\nThe prescribed officer may give the subject officer a notice (a proposed sanction notice ) stating each of the following matters—\nthat the prescribed officer has decided the disciplinary charge, or another ground for disciplinary action, is proved;\nthe reasons for the decision;\nthe disciplinary sanction or professional development strategy (the proposed sanction or strategy ) the prescribed officer proposes to impose on the subject officer;\nthat the subject officer may give the prescribed officer a written submission and other materials, within a stated period of at least 21 days, to show why the proposed sanction or strategy should not be imposed.\ns 7.28 ins 2019 No. 32 s 9\n(sec.7.28-ssec.1) This section applies if, under section 7 .27, the prescribed officer is reasonably satisfied the disciplinary charge, or another ground for disciplinary action, is proved.\n(sec.7.28-ssec.2) The prescribed officer may give the subject officer a notice (a proposed sanction notice ) stating each of the following matters— that the prescribed officer has decided the disciplinary charge, or another ground for disciplinary action, is proved; the reasons for the decision; the disciplinary sanction or professional development strategy (the proposed sanction or strategy ) the prescribed officer proposes to impose on the subject officer; that the subject officer may give the prescribed officer a written submission and other materials, within a stated period of at least 21 days, to show why the proposed sanction or strategy should not be imposed.\n- (a) that the prescribed officer has decided the disciplinary charge, or another ground for disciplinary action, is proved;\n- (b) the reasons for the decision;\n- (c) the disciplinary sanction or professional development strategy (the proposed sanction or strategy ) the prescribed officer proposes to impose on the subject officer;\n- (d) that the subject officer may give the prescribed officer a written submission and other materials, within a stated period of at least 21 days, to show why the proposed sanction or strategy should not be imposed.","sortOrder":166},{"sectionNumber":"sec.7.29","sectionType":"section","heading":"Subject officer’s right to make written submission","content":"### sec.7.29 Subject officer’s right to make written submission\n\nThe subject officer may, within the required period, give the prescribed officer a written submission and other material to show why the proposed sanction or strategy should not be imposed.\nThe prescribed officer may, by agreement with the subject officer, extend the period stated in the proposed sanction notice under section 7 .28(2)(d).\nIn this section—\nrequired period means—\nthe period stated in the proposed sanction notice under section 7 .28(2)(d); or\nif the period mentioned in paragraph (a) has been extended under subsection (2) —the extended period.\ns 7.29 ins 2019 No. 32 s 9\n(sec.7.29-ssec.1) The subject officer may, within the required period, give the prescribed officer a written submission and other material to show why the proposed sanction or strategy should not be imposed.\n(sec.7.29-ssec.2) The prescribed officer may, by agreement with the subject officer, extend the period stated in the proposed sanction notice under section 7 .28(2)(d).\n(sec.7.29-ssec.3) In this section— required period means— the period stated in the proposed sanction notice under section 7 .28(2)(d); or if the period mentioned in paragraph (a) has been extended under subsection (2) —the extended period.\n- (a) the period stated in the proposed sanction notice under section 7 .28(2)(d); or\n- (b) if the period mentioned in paragraph (a) has been extended under subsection (2) —the extended period.","sortOrder":167},{"sectionNumber":"sec.7.30","sectionType":"section","heading":"Decision about imposition of disciplinary sanction or professional development strategy","content":"### sec.7.30 Decision about imposition of disciplinary sanction or professional development strategy\n\nThis section applies if—\nthe prescribed officer has given the subject officer a proposed sanction notice; and\neither—\nthe required period under section 7 .29 has ended; or\nthe subject officer has given the prescribed officer a written submission under section 7 .29(1); and\nthe prescribed officer has considered any written submission and other materials given to the prescribed officer by the subject officer under section 7 .29(1).\nThe prescribed officer must decide—\nto impose on the subject officer—\nthe proposed sanction or strategy; or\nany other disciplinary sanction or professional development strategy that is no more detrimental to the subject officer than the proposed sanction or strategy; or\nnot to impose a disciplinary sanction or professional development strategy on the subject officer.\nA decision under subsection (2) (a) takes effect on the day the subject officer is given a QCAT information notice for the decision under section 7 .31.\nThis section applies subject to division 5 .\ns 7.30 ins 2019 No. 32 s 9\n(sec.7.30-ssec.1) This section applies if— the prescribed officer has given the subject officer a proposed sanction notice; and either— the required period under section 7 .29 has ended; or the subject officer has given the prescribed officer a written submission under section 7 .29(1); and the prescribed officer has considered any written submission and other materials given to the prescribed officer by the subject officer under section 7 .29(1).\n(sec.7.30-ssec.2) The prescribed officer must decide— to impose on the subject officer— the proposed sanction or strategy; or any other disciplinary sanction or professional development strategy that is no more detrimental to the subject officer than the proposed sanction or strategy; or not to impose a disciplinary sanction or professional development strategy on the subject officer.\n(sec.7.30-ssec.3) A decision under subsection (2) (a) takes effect on the day the subject officer is given a QCAT information notice for the decision under section 7 .31.\n(sec.7.30-ssec.4) This section applies subject to division 5 .\n- (a) the prescribed officer has given the subject officer a proposed sanction notice; and\n- (b) either— (i) the required period under section 7 .29 has ended; or (ii) the subject officer has given the prescribed officer a written submission under section 7 .29(1); and\n- (i) the required period under section 7 .29 has ended; or\n- (ii) the subject officer has given the prescribed officer a written submission under section 7 .29(1); and\n- (c) the prescribed officer has considered any written submission and other materials given to the prescribed officer by the subject officer under section 7 .29(1).\n- (i) the required period under section 7 .29 has ended; or\n- (ii) the subject officer has given the prescribed officer a written submission under section 7 .29(1); and\n- (a) to impose on the subject officer— (i) the proposed sanction or strategy; or (ii) any other disciplinary sanction or professional development strategy that is no more detrimental to the subject officer than the proposed sanction or strategy; or\n- (i) the proposed sanction or strategy; or\n- (ii) any other disciplinary sanction or professional development strategy that is no more detrimental to the subject officer than the proposed sanction or strategy; or\n- (b) not to impose a disciplinary sanction or professional development strategy on the subject officer.\n- (i) the proposed sanction or strategy; or\n- (ii) any other disciplinary sanction or professional development strategy that is no more detrimental to the subject officer than the proposed sanction or strategy; or","sortOrder":168},{"sectionNumber":"sec.7.31","sectionType":"section","heading":"QCAT information notices","content":"### sec.7.31 QCAT information notices\n\nWithin 14 days after making a decision under section 7 .30(2), the prescribed officer must give the subject officer and the CCC a QCAT information notice for each of the following decisions—\nthe decision under section 7 .27(2) that the disciplinary charge, or another ground for disciplinary action, is proved;\nthe decision under section 7 .30(2) to impose, or not to impose, a disciplinary sanction or professional development strategy.\nSee the Crime and Corruption Act 2001 , chapter 5 , part 3 in relation to review by QCAT of the decisions mentioned in subsection (1) .\nA QCAT information notice for a decision to impose a disciplinary sanction or professional development strategy must state the following matters—\nthe disciplinary sanction or professional development strategy imposed;\nthe date the sanction or strategy takes effect;\nwhether the sanction or strategy is suspended under section 7 .41 and, if so, the period and any conditions of the suspension;\nthat the sanction or strategy will form part of the subject officer’s disciplinary history;\nthat the sanction or strategy may be taken into account in future disciplinary proceedings for deciding—\nwhether to start a disciplinary proceeding for any future alleged disciplinable conduct; and\nthe suitability of the subject officer to be or continue to be a police officer, including a police officer of a particular rank.\nIf the disciplinary sanction is probation, see also section 7 .36(3) for additional matters that must be stated in the QCAT information notice.\nSubsection (2) does not limit the QCAT Act , section 157 (2) .\ns 7.31 ins 2019 No. 32 s 9\n(sec.7.31-ssec.1) Within 14 days after making a decision under section 7 .30(2), the prescribed officer must give the subject officer and the CCC a QCAT information notice for each of the following decisions— the decision under section 7 .27(2) that the disciplinary charge, or another ground for disciplinary action, is proved; the decision under section 7 .30(2) to impose, or not to impose, a disciplinary sanction or professional development strategy. See the Crime and Corruption Act 2001 , chapter 5 , part 3 in relation to review by QCAT of the decisions mentioned in subsection (1) .\n(sec.7.31-ssec.2) A QCAT information notice for a decision to impose a disciplinary sanction or professional development strategy must state the following matters— the disciplinary sanction or professional development strategy imposed; the date the sanction or strategy takes effect; whether the sanction or strategy is suspended under section 7 .41 and, if so, the period and any conditions of the suspension; that the sanction or strategy will form part of the subject officer’s disciplinary history; that the sanction or strategy may be taken into account in future disciplinary proceedings for deciding— whether to start a disciplinary proceeding for any future alleged disciplinable conduct; and the suitability of the subject officer to be or continue to be a police officer, including a police officer of a particular rank. If the disciplinary sanction is probation, see also section 7 .36(3) for additional matters that must be stated in the QCAT information notice.\n(sec.7.31-ssec.3) Subsection (2) does not limit the QCAT Act , section 157 (2) .\n- (a) the decision under section 7 .27(2) that the disciplinary charge, or another ground for disciplinary action, is proved;\n- (b) the decision under section 7 .30(2) to impose, or not to impose, a disciplinary sanction or professional development strategy.\n- (a) the disciplinary sanction or professional development strategy imposed;\n- (b) the date the sanction or strategy takes effect;\n- (c) whether the sanction or strategy is suspended under section 7 .41 and, if so, the period and any conditions of the suspension;\n- (d) that the sanction or strategy will form part of the subject officer’s disciplinary history;\n- (e) that the sanction or strategy may be taken into account in future disciplinary proceedings for deciding— (i) whether to start a disciplinary proceeding for any future alleged disciplinable conduct; and (ii) the suitability of the subject officer to be or continue to be a police officer, including a police officer of a particular rank.\n- (i) whether to start a disciplinary proceeding for any future alleged disciplinable conduct; and\n- (ii) the suitability of the subject officer to be or continue to be a police officer, including a police officer of a particular rank.\n- (i) whether to start a disciplinary proceeding for any future alleged disciplinable conduct; and\n- (ii) the suitability of the subject officer to be or continue to be a police officer, including a police officer of a particular rank.","sortOrder":169},{"sectionNumber":"sec.7.32","sectionType":"section","heading":"Principles for conducting disciplinary proceeding","content":"### sec.7.32 Principles for conducting disciplinary proceeding\n\nIn conducting the disciplinary proceeding, the prescribed officer—\nmust observe the rules of natural justice; and\nmust act as quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the matters before the prescribed officer; and\nis not bound by the rules of evidence; and\nmay get information on a matter in a way the prescribed officer considers appropriate; and\nmay decide the procedures to be followed for the proceeding, subject to any guidelines made under section 7 .44.\ns 7.32 ins 2019 No. 32 s 9\n- (a) must observe the rules of natural justice; and\n- (b) must act as quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the matters before the prescribed officer; and\n- (c) is not bound by the rules of evidence; and\n- (d) may get information on a matter in a way the prescribed officer considers appropriate; and\n- (e) may decide the procedures to be followed for the proceeding, subject to any guidelines made under section 7 .44.","sortOrder":170},{"sectionNumber":"pt.7-div.5","sectionType":"division","heading":"Disciplinary sanctions","content":"## Disciplinary sanctions","sortOrder":171},{"sectionNumber":"sec.7.33","sectionType":"section","heading":"Application of division","content":"### sec.7.33 Application of division\n\nThis division applies for imposing a disciplinary sanction or professional development strategy on the subject officer under division 3 or 4 .\ns 7.33 ins 2019 No. 32 s 9","sortOrder":172},{"sectionNumber":"sec.7.34","sectionType":"section","heading":"Disciplinary sanctions","content":"### sec.7.34 Disciplinary sanctions\n\nEach of the following sanctions is a disciplinary sanction —\ndismissal;\nsuspension from duty without pay for not longer than 12 months;\nprobation for not longer than 12 months;\nSee also section 7 .36 in relation to probation.\ndemotion, whether permanently or for a stated period;\ncomprehensive transfer;\nlocal transfer;\nperformance of up to 100 hours of community service;\nSee also section 7 .39 in relation to community service.\na fine of up to 50 penalty units;\nSee also section 7 .40 in relation to fines.\na reprimand.\ns 7.34 ins 2019 No. 32 s 9\n- (a) dismissal;\n- (b) suspension from duty without pay for not longer than 12 months;\n- (c) probation for not longer than 12 months; Note— See also section 7 .36 in relation to probation.\n- (d) demotion, whether permanently or for a stated period;\n- (e) comprehensive transfer;\n- (f) local transfer;\n- (g) performance of up to 100 hours of community service; Note— See also section 7 .39 in relation to community service.\n- (h) a fine of up to 50 penalty units; Note— See also section 7 .40 in relation to fines.\n- (i) a reprimand.","sortOrder":173},{"sectionNumber":"sec.7.35","sectionType":"section","heading":"Power of prescribed officer to impose disciplinary sanction","content":"### sec.7.35 Power of prescribed officer to impose disciplinary sanction\n\nThe prescribed officer may impose a disciplinary sanction on the subject officer that—\nis mentioned in subsection (2) ; and\nthe prescribed officer considers is appropriate in the particular case.\nFor subsection (1) (a) , the following disciplinary sanctions may be imposed—\nif the prescribed officer is the commissioner—any disciplinary sanction;\nif the prescribed officer is a deputy commissioner—any disciplinary sanction;\nif the prescribed officer is an assistant commissioner—\nsuspension from duty without pay for not longer than 28 days; or\ndemotion; or\nlocal transfer; or\ncommunity service; or\na fine; or\na reprimand;\nif the prescribed officer is a commissioned officer—\ncommunity service; or\na fine; or\na reprimand.\nIn deciding the disciplinary sanction to be imposed, the prescribed officer must have regard to the following matters—\nany considerations provided for in a guideline made under section 7 .44;\nthe subject officer’s disciplinary history and service history;\nany professional development strategies imposed on, or completed by, the subject officer in relation to the ground for disciplinary action.\nFor the removal of doubt, it is declared that the prescribed officer may impose more than 1 disciplinary sanction on the subject officer.\ns 7.35 ins 2019 No. 32 s 9\n(sec.7.35-ssec.1) The prescribed officer may impose a disciplinary sanction on the subject officer that— is mentioned in subsection (2) ; and the prescribed officer considers is appropriate in the particular case.\n(sec.7.35-ssec.2) For subsection (1) (a) , the following disciplinary sanctions may be imposed— if the prescribed officer is the commissioner—any disciplinary sanction; if the prescribed officer is a deputy commissioner—any disciplinary sanction; if the prescribed officer is an assistant commissioner— suspension from duty without pay for not longer than 28 days; or demotion; or local transfer; or community service; or a fine; or a reprimand; if the prescribed officer is a commissioned officer— community service; or a fine; or a reprimand.\n(sec.7.35-ssec.3) In deciding the disciplinary sanction to be imposed, the prescribed officer must have regard to the following matters— any considerations provided for in a guideline made under section 7 .44; the subject officer’s disciplinary history and service history; any professional development strategies imposed on, or completed by, the subject officer in relation to the ground for disciplinary action.\n(sec.7.35-ssec.4) For the removal of doubt, it is declared that the prescribed officer may impose more than 1 disciplinary sanction on the subject officer.\n- (a) is mentioned in subsection (2) ; and\n- (b) the prescribed officer considers is appropriate in the particular case.\n- (a) if the prescribed officer is the commissioner—any disciplinary sanction;\n- (b) if the prescribed officer is a deputy commissioner—any disciplinary sanction;\n- (c) if the prescribed officer is an assistant commissioner— (i) suspension from duty without pay for not longer than 28 days; or (ii) demotion; or (iii) local transfer; or (iv) community service; or (v) a fine; or (vi) a reprimand;\n- (i) suspension from duty without pay for not longer than 28 days; or\n- (ii) demotion; or\n- (iii) local transfer; or\n- (iv) community service; or\n- (v) a fine; or\n- (vi) a reprimand;\n- (d) if the prescribed officer is a commissioned officer— (i) community service; or (ii) a fine; or (iii) a reprimand.\n- (i) community service; or\n- (ii) a fine; or\n- (iii) a reprimand.\n- (i) suspension from duty without pay for not longer than 28 days; or\n- (ii) demotion; or\n- (iii) local transfer; or\n- (iv) community service; or\n- (v) a fine; or\n- (vi) a reprimand;\n- (i) community service; or\n- (ii) a fine; or\n- (iii) a reprimand.\n- (a) any considerations provided for in a guideline made under section 7 .44;\n- (b) the subject officer’s disciplinary history and service history;\n- (c) any professional development strategies imposed on, or completed by, the subject officer in relation to the ground for disciplinary action.","sortOrder":174},{"sectionNumber":"sec.7.36","sectionType":"section","heading":"Probation","content":"### sec.7.36 Probation\n\nThis section applies if the disciplinary sanction imposed on the subject officer is probation.\nThe prescribed officer may impose conditions on the probation.\nWithout limiting the QCAT Act , section 157 (2) , the information notice for the decision to impose the disciplinary sanction given to the subject officer under section 7 .31(1)(b) must state—\nthe period and any conditions of the probation; and\nthat the subject officer may be asked to show cause as to why the officer should not be dismissed if—\nthe subject officer breaches the probation; or\nthe commissioner reasonably believes the subject officer is unsuitable to continue to be a police officer.\nThe purpose of the probation is to enable—\nduring the period of the probation, the commissioner to assess the subject officer’s suitability to continue to be a police officer; and\nif, during the period of the probation, the subject officer breaches the probation or the commissioner reasonably believes the subject officer is unsuitable to continue to be a police officer—the dismissal of the subject officer after conducting a show cause proceeding.\nFor this section, the subject officer breaches the probation if, during the period of the probation, the subject officer—\ncommits misconduct; or\nfails without a reasonable excuse to comply with a condition of the probation.\nA show cause proceeding for dismissal of the subject officer on a ground mentioned in subsection (3) (b) must—\nbe conducted by a prescribed officer who is authorised under this division to impose a disciplinary sanction of probation; and\nbe started within 12 months from the date of the breach; and\nobserve the rules of natural justice.\nThe prescribed officer who conducts the show cause proceeding must give the subject officer and the CCC a QCAT information notice for the decision to dismiss, or not to dismiss, the subject officer.\nSee the Crime and Corruption Act 2001 , chapter 5 , part 3 in relation to review by QCAT of the decision.\ns 7.36 ins 2019 No. 32 s 9\n(sec.7.36-ssec.1) This section applies if the disciplinary sanction imposed on the subject officer is probation.\n(sec.7.36-ssec.2) The prescribed officer may impose conditions on the probation.\n(sec.7.36-ssec.3) Without limiting the QCAT Act , section 157 (2) , the information notice for the decision to impose the disciplinary sanction given to the subject officer under section 7 .31(1)(b) must state— the period and any conditions of the probation; and that the subject officer may be asked to show cause as to why the officer should not be dismissed if— the subject officer breaches the probation; or the commissioner reasonably believes the subject officer is unsuitable to continue to be a police officer.\n(sec.7.36-ssec.4) The purpose of the probation is to enable— during the period of the probation, the commissioner to assess the subject officer’s suitability to continue to be a police officer; and if, during the period of the probation, the subject officer breaches the probation or the commissioner reasonably believes the subject officer is unsuitable to continue to be a police officer—the dismissal of the subject officer after conducting a show cause proceeding.\n(sec.7.36-ssec.5) For this section, the subject officer breaches the probation if, during the period of the probation, the subject officer— commits misconduct; or fails without a reasonable excuse to comply with a condition of the probation.\n(sec.7.36-ssec.6) A show cause proceeding for dismissal of the subject officer on a ground mentioned in subsection (3) (b) must— be conducted by a prescribed officer who is authorised under this division to impose a disciplinary sanction of probation; and be started within 12 months from the date of the breach; and observe the rules of natural justice.\n(sec.7.36-ssec.7) The prescribed officer who conducts the show cause proceeding must give the subject officer and the CCC a QCAT information notice for the decision to dismiss, or not to dismiss, the subject officer. See the Crime and Corruption Act 2001 , chapter 5 , part 3 in relation to review by QCAT of the decision.\n- (a) the period and any conditions of the probation; and\n- (b) that the subject officer may be asked to show cause as to why the officer should not be dismissed if— (i) the subject officer breaches the probation; or (ii) the commissioner reasonably believes the subject officer is unsuitable to continue to be a police officer.\n- (i) the subject officer breaches the probation; or\n- (ii) the commissioner reasonably believes the subject officer is unsuitable to continue to be a police officer.\n- (i) the subject officer breaches the probation; or\n- (ii) the commissioner reasonably believes the subject officer is unsuitable to continue to be a police officer.\n- (a) during the period of the probation, the commissioner to assess the subject officer’s suitability to continue to be a police officer; and\n- (b) if, during the period of the probation, the subject officer breaches the probation or the commissioner reasonably believes the subject officer is unsuitable to continue to be a police officer—the dismissal of the subject officer after conducting a show cause proceeding.\n- (a) commits misconduct; or\n- (b) fails without a reasonable excuse to comply with a condition of the probation.\n- (a) be conducted by a prescribed officer who is authorised under this division to impose a disciplinary sanction of probation; and\n- (b) be started within 12 months from the date of the breach; and\n- (c) observe the rules of natural justice.","sortOrder":175},{"sectionNumber":"sec.7.37","sectionType":"section","heading":"Comprehensive transfer","content":"### sec.7.37 Comprehensive transfer\n\nA comprehensive transfer is a transfer of the subject officer to a position in another location in Queensland, if—\nthe transfer reasonably requires the subject officer to—\nrelocate the subject officer’s residence; or\ntravel more than 40km by road between the subject officer’s residence and the location; and\nthe subject officer does not consent to the transfer.\ns 7.37 ins 2019 No. 32 s 9\n- (a) the transfer reasonably requires the subject officer to— (i) relocate the subject officer’s residence; or (ii) travel more than 40km by road between the subject officer’s residence and the location; and\n- (i) relocate the subject officer’s residence; or\n- (ii) travel more than 40km by road between the subject officer’s residence and the location; and\n- (b) the subject officer does not consent to the transfer.\n- (i) relocate the subject officer’s residence; or\n- (ii) travel more than 40km by road between the subject officer’s residence and the location; and","sortOrder":176},{"sectionNumber":"sec.7.38","sectionType":"section","heading":"Local transfer","content":"### sec.7.38 Local transfer\n\nA local transfer is—\na transfer to another position, at the same location in Queensland, that involves a change in the nature of the subject officer’s duties; or\na transfer of the subject officer to a position in another location in Queensland if the transfer does not reasonably require the subject officer to—\nrelocate the subject officer’s residence; or\ntravel more than 40km by road between the subject officer’s residence and the location.\nA local transfer mentioned in subsection (1) may be imposed without the consent of the subject officer.\nAlso, a transfer of the subject officer to a position in another location in Queensland is a local transfer if—\nthe transfer reasonably requires the subject officer to—\nrelocate the subject officer’s residence; or\ntravel more than 40km by road between the subject officer’s residence and the location; and\nthe subject officer consents to the transfer.\ns 7.38 ins 2019 No. 32 s 9\n(sec.7.38-ssec.1) A local transfer is— a transfer to another position, at the same location in Queensland, that involves a change in the nature of the subject officer’s duties; or a transfer of the subject officer to a position in another location in Queensland if the transfer does not reasonably require the subject officer to— relocate the subject officer’s residence; or travel more than 40km by road between the subject officer’s residence and the location.\n(sec.7.38-ssec.2) A local transfer mentioned in subsection (1) may be imposed without the consent of the subject officer.\n(sec.7.38-ssec.3) Also, a transfer of the subject officer to a position in another location in Queensland is a local transfer if— the transfer reasonably requires the subject officer to— relocate the subject officer’s residence; or travel more than 40km by road between the subject officer’s residence and the location; and the subject officer consents to the transfer.\n- (a) a transfer to another position, at the same location in Queensland, that involves a change in the nature of the subject officer’s duties; or\n- (b) a transfer of the subject officer to a position in another location in Queensland if the transfer does not reasonably require the subject officer to— (i) relocate the subject officer’s residence; or (ii) travel more than 40km by road between the subject officer’s residence and the location.\n- (i) relocate the subject officer’s residence; or\n- (ii) travel more than 40km by road between the subject officer’s residence and the location.\n- (i) relocate the subject officer’s residence; or\n- (ii) travel more than 40km by road between the subject officer’s residence and the location.\n- (a) the transfer reasonably requires the subject officer to— (i) relocate the subject officer’s residence; or (ii) travel more than 40km by road between the subject officer’s residence and the location; and\n- (i) relocate the subject officer’s residence; or\n- (ii) travel more than 40km by road between the subject officer’s residence and the location; and\n- (b) the subject officer consents to the transfer.\n- (i) relocate the subject officer’s residence; or\n- (ii) travel more than 40km by road between the subject officer’s residence and the location; and","sortOrder":177},{"sectionNumber":"sec.7.39","sectionType":"section","heading":"Community service","content":"### sec.7.39 Community service\n\nThis section applies if the disciplinary sanction imposed on the subject officer is community service.\nThe subject officer must be allowed at least 1 calendar month to complete each 10 hours, or part of 10 hours, of the community service.\nA prescribed officer of at least the same rank as the prescribed officer who imposed the disciplinary sanction of community service may, on application by the subject officer, extend the time for performing the community service, or otherwise vary the community service, on reasonable grounds.\ns 7.39 ins 2019 No. 32 s 9\n(sec.7.39-ssec.1) This section applies if the disciplinary sanction imposed on the subject officer is community service.\n(sec.7.39-ssec.2) The subject officer must be allowed at least 1 calendar month to complete each 10 hours, or part of 10 hours, of the community service.\n(sec.7.39-ssec.3) A prescribed officer of at least the same rank as the prescribed officer who imposed the disciplinary sanction of community service may, on application by the subject officer, extend the time for performing the community service, or otherwise vary the community service, on reasonable grounds.","sortOrder":178},{"sectionNumber":"sec.7.40","sectionType":"section","heading":"Fines","content":"### sec.7.40 Fines\n\nThis section applies if the disciplinary sanction imposed on the subject officer is a fine.\nThe fine must not be deducted from the subject officer’s fortnightly salary at a rate of more than 2 penalty units each fortnight, without the subject officer’s written consent.\nIf the subject officer retires, resigns or otherwise stops being an officer, any outstanding amount of the fine may be deducted in full from any allowances, salary or other entitlements owing to the subject officer.\ns 7.40 ins 2019 No. 32 s 9\n(sec.7.40-ssec.1) This section applies if the disciplinary sanction imposed on the subject officer is a fine.\n(sec.7.40-ssec.2) The fine must not be deducted from the subject officer’s fortnightly salary at a rate of more than 2 penalty units each fortnight, without the subject officer’s written consent.\n(sec.7.40-ssec.3) If the subject officer retires, resigns or otherwise stops being an officer, any outstanding amount of the fine may be deducted in full from any allowances, salary or other entitlements owing to the subject officer.","sortOrder":179},{"sectionNumber":"sec.7.41","sectionType":"section","heading":"Suspension of disciplinary sanctions","content":"### sec.7.41 Suspension of disciplinary sanctions\n\nThis section does not apply if the disciplinary sanction imposed on the subject officer is dismissal or probation.\nThe prescribed officer imposing the disciplinary sanction may wholly or partly suspend the sanction for not more than 12 months—\nby giving the subject officer written notice of the suspension; and\nsubject to any conditions stated in the notice.\nIf the subject officer complies with the conditions of the suspension—\nthe disciplinary sanction remains part of the subject officer’s disciplinary history but, to the extent it is suspended, is not to be given effect; and\nwhen the suspension ends, the disciplinary sanction is taken to have been discharged or satisfied.\nIf the subject officer does not comply with the conditions of the suspension—\nas soon as reasonably practicable after becoming aware of the non-compliance, the commissioner must give the CCC a written notice stating—\ndetails of the non-compliance; and\nany information known to the commissioner about the reasons for the non-compliance; and\na prescribed officer of at least the same rank as the officer who imposed the suspended sanction must give effect to the disciplinary sanction unless the subject officer can show cause why the conditions should be varied or cancelled.\nA show cause proceeding under subsection (4) (b) must be started within 12 months from the end of the period of the suspension.\nThe prescribed officer conducting a show cause proceeding under subsection (4) (b) must decide to—\ngive effect to the disciplinary sanction; or\ncontinue the suspension of the disciplinary sanction and vary the conditions, including by extending the period of the suspension for a further period of not more than 12 months; or\ncontinue the suspension and cancel the conditions.\nThe prescribed officer must give the subject officer and the CCC a QCAT information notice for the decision.\nSee the Crime and Corruption Act 2001 , chapter 5 , part 3 in relation to review by QCAT of the decision.\ns 7.41 ins 2019 No. 32 s 9\n(sec.7.41-ssec.1) This section does not apply if the disciplinary sanction imposed on the subject officer is dismissal or probation.\n(sec.7.41-ssec.2) The prescribed officer imposing the disciplinary sanction may wholly or partly suspend the sanction for not more than 12 months— by giving the subject officer written notice of the suspension; and subject to any conditions stated in the notice.\n(sec.7.41-ssec.3) If the subject officer complies with the conditions of the suspension— the disciplinary sanction remains part of the subject officer’s disciplinary history but, to the extent it is suspended, is not to be given effect; and when the suspension ends, the disciplinary sanction is taken to have been discharged or satisfied.\n(sec.7.41-ssec.4) If the subject officer does not comply with the conditions of the suspension— as soon as reasonably practicable after becoming aware of the non-compliance, the commissioner must give the CCC a written notice stating— details of the non-compliance; and any information known to the commissioner about the reasons for the non-compliance; and a prescribed officer of at least the same rank as the officer who imposed the suspended sanction must give effect to the disciplinary sanction unless the subject officer can show cause why the conditions should be varied or cancelled.\n(sec.7.41-ssec.5) A show cause proceeding under subsection (4) (b) must be started within 12 months from the end of the period of the suspension.\n(sec.7.41-ssec.6) The prescribed officer conducting a show cause proceeding under subsection (4) (b) must decide to— give effect to the disciplinary sanction; or continue the suspension of the disciplinary sanction and vary the conditions, including by extending the period of the suspension for a further period of not more than 12 months; or continue the suspension and cancel the conditions.\n(sec.7.41-ssec.7) The prescribed officer must give the subject officer and the CCC a QCAT information notice for the decision. See the Crime and Corruption Act 2001 , chapter 5 , part 3 in relation to review by QCAT of the decision.\n- (a) by giving the subject officer written notice of the suspension; and\n- (b) subject to any conditions stated in the notice.\n- (a) the disciplinary sanction remains part of the subject officer’s disciplinary history but, to the extent it is suspended, is not to be given effect; and\n- (b) when the suspension ends, the disciplinary sanction is taken to have been discharged or satisfied.\n- (a) as soon as reasonably practicable after becoming aware of the non-compliance, the commissioner must give the CCC a written notice stating— (i) details of the non-compliance; and (ii) any information known to the commissioner about the reasons for the non-compliance; and\n- (i) details of the non-compliance; and\n- (ii) any information known to the commissioner about the reasons for the non-compliance; and\n- (b) a prescribed officer of at least the same rank as the officer who imposed the suspended sanction must give effect to the disciplinary sanction unless the subject officer can show cause why the conditions should be varied or cancelled.\n- (i) details of the non-compliance; and\n- (ii) any information known to the commissioner about the reasons for the non-compliance; and\n- (a) give effect to the disciplinary sanction; or\n- (b) continue the suspension of the disciplinary sanction and vary the conditions, including by extending the period of the suspension for a further period of not more than 12 months; or\n- (c) continue the suspension and cancel the conditions.","sortOrder":180},{"sectionNumber":"sec.7.42","sectionType":"section","heading":"Professional development strategies","content":"### sec.7.42 Professional development strategies\n\nThe prescribed officer may decide to impose, in a reasonable way, 1 or more professional development strategies on the subject officer—\nfor achieving the purposes of this part; and\ninstead of, or as well as, a disciplinary sanction.\ns 7.42 ins 2019 No. 32 s 9\n- (a) for achieving the purposes of this part; and\n- (b) instead of, or as well as, a disciplinary sanction.","sortOrder":181},{"sectionNumber":"pt.7-div.6","sectionType":"division","heading":"Other provisions","content":"## Other provisions","sortOrder":182},{"sectionNumber":"sec.7.42A","sectionType":"section","heading":"Application of subdivision","content":"### sec.7.42A Application of subdivision\n\nThis subdivision applies if—\nthe commissioner has, under section 7 .10, referred a complaint about a subject officer to a prescribed officer (the original prescribed officer ); and\nthe original prescribed officer has started a disciplinary proceeding against the subject officer but the disciplinary proceeding has not been finally dealt with; and\nthe original prescribed officer is unable to continue to conduct the disciplinary proceeding because the prescribed officer—\ndies; or\nstops being employed as an officer; or\nis stood down or suspended from duty under section 6 .1; or\nis demoted, whether permanently or for a stated period; or\nhas a certificate issued by a medical practitioner stating that the prescribed officer is incapable of continuing to conduct the disciplinary proceeding, whether temporarily or otherwise, because of mental or physical incapacity.\ns 7.42A ins 2023 No. 7 s 58\n(sec.7.42A-ssec) This subdivision applies if— the commissioner has, under section 7 .10, referred a complaint about a subject officer to a prescribed officer (the original prescribed officer ); and the original prescribed officer has started a disciplinary proceeding against the subject officer but the disciplinary proceeding has not been finally dealt with; and the original prescribed officer is unable to continue to conduct the disciplinary proceeding because the prescribed officer— dies; or stops being employed as an officer; or is stood down or suspended from duty under section 6 .1; or is demoted, whether permanently or for a stated period; or has a certificate issued by a medical practitioner stating that the prescribed officer is incapable of continuing to conduct the disciplinary proceeding, whether temporarily or otherwise, because of mental or physical incapacity.\n- (a) the commissioner has, under section 7 .10, referred a complaint about a subject officer to a prescribed officer (the original prescribed officer ); and\n- (b) the original prescribed officer has started a disciplinary proceeding against the subject officer but the disciplinary proceeding has not been finally dealt with; and\n- (c) the original prescribed officer is unable to continue to conduct the disciplinary proceeding because the prescribed officer— (i) dies; or (ii) stops being employed as an officer; or (iii) is stood down or suspended from duty under section 6 .1; or (iv) is demoted, whether permanently or for a stated period; or (v) has a certificate issued by a medical practitioner stating that the prescribed officer is incapable of continuing to conduct the disciplinary proceeding, whether temporarily or otherwise, because of mental or physical incapacity.\n- (i) dies; or\n- (ii) stops being employed as an officer; or\n- (iii) is stood down or suspended from duty under section 6 .1; or\n- (iv) is demoted, whether permanently or for a stated period; or\n- (v) has a certificate issued by a medical practitioner stating that the prescribed officer is incapable of continuing to conduct the disciplinary proceeding, whether temporarily or otherwise, because of mental or physical incapacity.\n- (i) dies; or\n- (ii) stops being employed as an officer; or\n- (iii) is stood down or suspended from duty under section 6 .1; or\n- (iv) is demoted, whether permanently or for a stated period; or\n- (v) has a certificate issued by a medical practitioner stating that the prescribed officer is incapable of continuing to conduct the disciplinary proceeding, whether temporarily or otherwise, because of mental or physical incapacity.","sortOrder":183},{"sectionNumber":"sec.7.42B","sectionType":"section","heading":"Appointment of new prescribed officer","content":"### sec.7.42B Appointment of new prescribed officer\n\nThe commissioner must, within 28 days after the commissioner becomes aware that the original prescribed officer is unable to continue to conduct the disciplinary proceeding, ask the subject officer to give the commissioner, within 14 days after the request (the stated period ), written consent to appoint another prescribed officer (a new prescribed officer ) to conduct the disciplinary proceeding.\nIf the subject officer gives written consent within the stated period or a longer period the commissioner allows, the commissioner may appoint a new prescribed officer with the power to impose the same or a lesser disciplinary sanction under this part as the original prescribed officer.\nSee section 7 .35(2) for the disciplinary sanctions that may be imposed by particular prescribed officers.\nThe appointment of the new prescribed officer must be made within 28 days after the commissioner receives the subject officer’s consent.\nIn conducting the disciplinary proceeding, the new prescribed officer may consider only—\nany matters stated in an abbreviated process notice or the disciplinary charge stated in the disciplinary proceeding notice given to the subject officer under section 7 .18 or 7.25; and\nany submissions and materials given to the original prescribed officer or new prescribed officer under section 7 .19(2) or 7.26(1).\nIf the original prescribed officer had proposed imposing a professional development strategy on the subject officer under section 7 .18 or 7.28, the new prescribed officer may impose the same or a different professional development strategy but must not impose a disciplinary sanction on the subject officer.\nIf the original prescribed officer had proposed imposing a disciplinary sanction on the subject officer under section 7 .18 or 7.28 (the proposed sanction ), the new prescribed officer must not impose a greater disciplinary sanction on the subject officer than the proposed sanction.\ns 7.42B ins 2023 No. 7 s 58\n(sec.7.42B-ssec.1) The commissioner must, within 28 days after the commissioner becomes aware that the original prescribed officer is unable to continue to conduct the disciplinary proceeding, ask the subject officer to give the commissioner, within 14 days after the request (the stated period ), written consent to appoint another prescribed officer (a new prescribed officer ) to conduct the disciplinary proceeding.\n(sec.7.42B-ssec.2) If the subject officer gives written consent within the stated period or a longer period the commissioner allows, the commissioner may appoint a new prescribed officer with the power to impose the same or a lesser disciplinary sanction under this part as the original prescribed officer. See section 7 .35(2) for the disciplinary sanctions that may be imposed by particular prescribed officers.\n(sec.7.42B-ssec.3) The appointment of the new prescribed officer must be made within 28 days after the commissioner receives the subject officer’s consent.\n(sec.7.42B-ssec.4) In conducting the disciplinary proceeding, the new prescribed officer may consider only— any matters stated in an abbreviated process notice or the disciplinary charge stated in the disciplinary proceeding notice given to the subject officer under section 7 .18 or 7.25; and any submissions and materials given to the original prescribed officer or new prescribed officer under section 7 .19(2) or 7.26(1).\n(sec.7.42B-ssec.5) If the original prescribed officer had proposed imposing a professional development strategy on the subject officer under section 7 .18 or 7.28, the new prescribed officer may impose the same or a different professional development strategy but must not impose a disciplinary sanction on the subject officer.\n(sec.7.42B-ssec.6) If the original prescribed officer had proposed imposing a disciplinary sanction on the subject officer under section 7 .18 or 7.28 (the proposed sanction ), the new prescribed officer must not impose a greater disciplinary sanction on the subject officer than the proposed sanction.\n- (a) any matters stated in an abbreviated process notice or the disciplinary charge stated in the disciplinary proceeding notice given to the subject officer under section 7 .18 or 7.25; and\n- (b) any submissions and materials given to the original prescribed officer or new prescribed officer under section 7 .19(2) or 7.26(1).","sortOrder":184},{"sectionNumber":"sec.7.42C","sectionType":"section","heading":"Ending of proceeding—subject officer does not give consent for new prescribed officer to conduct proceeding","content":"### sec.7.42C Ending of proceeding—subject officer does not give consent for new prescribed officer to conduct proceeding\n\nThis section applies if the subject officer does not give the commissioner, within the stated period under section 7 .42B(1) or the longer period the commissioner allows, written consent to appoint a new prescribed officer to conduct the disciplinary proceeding.\nThe commissioner must appoint another prescribed officer to start a disciplinary proceeding under division 3 or 4 against the subject officer for the complaint (the new proceeding ).\nSee section 7 .35(2) for the disciplinary sanctions that may be imposed by particular prescribed officers.\nThe prescribed officer appointed under subsection (2) must have the power to impose the same or a lesser disciplinary sanction under this part as the original prescribed officer.\nUpon the new proceeding starting, the disciplinary proceeding is taken to be withdrawn and is of no effect.\nThe prescribed officer must conduct the new proceeding without regard to any submissions or material given by the subject officer for the disciplinary proceeding, unless the subject officer consents to the submissions or material being used for the new proceeding.\nDespite section 7 .12, the new proceeding must start within 28 days after the appointment of the prescribed officer under subsection (2) .\ns 7.42C ins 2023 No. 7 s 58\n(sec.7.42C-ssec.1) This section applies if the subject officer does not give the commissioner, within the stated period under section 7 .42B(1) or the longer period the commissioner allows, written consent to appoint a new prescribed officer to conduct the disciplinary proceeding.\n(sec.7.42C-ssec.2) The commissioner must appoint another prescribed officer to start a disciplinary proceeding under division 3 or 4 against the subject officer for the complaint (the new proceeding ). See section 7 .35(2) for the disciplinary sanctions that may be imposed by particular prescribed officers.\n(sec.7.42C-ssec.3) The prescribed officer appointed under subsection (2) must have the power to impose the same or a lesser disciplinary sanction under this part as the original prescribed officer.\n(sec.7.42C-ssec.4) Upon the new proceeding starting, the disciplinary proceeding is taken to be withdrawn and is of no effect.\n(sec.7.42C-ssec.5) The prescribed officer must conduct the new proceeding without regard to any submissions or material given by the subject officer for the disciplinary proceeding, unless the subject officer consents to the submissions or material being used for the new proceeding.\n(sec.7.42C-ssec.6) Despite section 7 .12, the new proceeding must start within 28 days after the appointment of the prescribed officer under subsection (2) .","sortOrder":185},{"sectionNumber":"sec.7.43","sectionType":"section","heading":"Central disciplinary unit","content":"### sec.7.43 Central disciplinary unit\n\nThe commissioner may establish a central unit (the central unit ) that is responsible for conducting disciplinary proceedings.\nThe central unit must be separate and distinct from the unit involved in investigating complaints for this part.\nThe executive officer responsible for investigating complaints for this part must not be responsible for the operation, supervision or command of the central unit.\nAn officer, while performing duties as an assistant commissioner within the central unit, is taken to have the same powers to impose disciplinary sanctions under this part as a deputy commissioner.\nAn officer, while performing duties as a chief superintendent within the central unit, has the same powers to impose disciplinary sanctions under this part as an assistant commissioner.\ns 7.43 ins 2019 No. 32 s 9\n(sec.7.43-ssec.1) The commissioner may establish a central unit (the central unit ) that is responsible for conducting disciplinary proceedings.\n(sec.7.43-ssec.2) The central unit must be separate and distinct from the unit involved in investigating complaints for this part.\n(sec.7.43-ssec.3) The executive officer responsible for investigating complaints for this part must not be responsible for the operation, supervision or command of the central unit.\n(sec.7.43-ssec.4) An officer, while performing duties as an assistant commissioner within the central unit, is taken to have the same powers to impose disciplinary sanctions under this part as a deputy commissioner.\n(sec.7.43-ssec.5) An officer, while performing duties as a chief superintendent within the central unit, has the same powers to impose disciplinary sanctions under this part as an assistant commissioner.","sortOrder":186},{"sectionNumber":"sec.7.44","sectionType":"section","heading":"Guidelines","content":"### sec.7.44 Guidelines\n\nThe commissioner may make guidelines relating to the disciplinary process, including—\nthe way investigations of complaints are to be conducted; and\nthe way disciplinary proceedings are to be conducted, including matters to which a prescribed officer must have regard when imposing a disciplinary sanction.\nBefore making guidelines under this section, the commissioner must actively consult with, and have regard to the views of—\nthe chairperson of the CCC; and\neach union that represents officers and recruits.\ns 7.44 ins 2019 No. 32 s 9\n(sec.7.44-ssec.1) The commissioner may make guidelines relating to the disciplinary process, including— the way investigations of complaints are to be conducted; and the way disciplinary proceedings are to be conducted, including matters to which a prescribed officer must have regard when imposing a disciplinary sanction.\n(sec.7.44-ssec.2) Before making guidelines under this section, the commissioner must actively consult with, and have regard to the views of— the chairperson of the CCC; and each union that represents officers and recruits.\n- (a) the way investigations of complaints are to be conducted; and\n- (b) the way disciplinary proceedings are to be conducted, including matters to which a prescribed officer must have regard when imposing a disciplinary sanction.\n- (a) the chairperson of the CCC; and\n- (b) each union that represents officers and recruits.","sortOrder":187},{"sectionNumber":"sec.7.45","sectionType":"section","heading":"Record-keeping","content":"### sec.7.45 Record-keeping\n\nThe commissioner must ensure a record is kept of—\neach complaint made about an officer; and\ndisciplinary action taken against an officer; and\nany other matter prescribed by regulation for this section.\ns 7.45 ins 2019 No. 32 s 9\n- (a) each complaint made about an officer; and\n- (b) disciplinary action taken against an officer; and\n- (c) any other matter prescribed by regulation for this section.","sortOrder":188},{"sectionNumber":"sec.7.46","sectionType":"section","heading":"Commissioner’s powers not to be delegated","content":"### sec.7.46 Commissioner’s powers not to be delegated\n\nDespite section 4 .10, the commissioner may not delegate the commissioner’s powers as a prescribed officer under this part.\ns 7.46 ins 2019 No. 32 s 9","sortOrder":189},{"sectionNumber":"pt.7A","sectionType":"part","heading":"Disciplinary declarations against former officers","content":"# Disciplinary declarations against former officers","sortOrder":190},{"sectionNumber":"sec.7A.1","sectionType":"section","heading":"Power to conduct disciplinary investigation against a former officer","content":"### sec.7A.1 Power to conduct disciplinary investigation against a former officer\n\nThis section applies if—\na ground for disciplinary action arises in relation to a police officer; and\nafter the ground for disciplinary action arises the employment of the person (the former officer ) as a police officer ends for any reason.\nA ground for disciplinary action arises when the conduct constituting the ground happens.\nThe commissioner may continue or start an investigation to decide whether the former officer is liable to disciplinary action in relation to the former officer’s conduct at any time when he or she was a police officer.\nUnder section 4 .10 the commissioner may delegate powers under this part.\nFor deciding whether to continue or start an investigation, the commissioner may consider the following matters—\nthe seriousness of the ground for disciplinary action;\nhow far advanced the investigation is;\nthe cost of continuing the investigation;\naccess to the former officer;\nthe former officer’s disciplinary history;\nany benefit to the service in proceeding or not proceeding with the investigation;\nwhether the matter is being considered or investigated by the CCC or any other authority;\nany offence substantially related to the ground for disciplinary action;\nthe likelihood of the former officer engaging in future employment for which the officer would be required to disclose the making of a disciplinary declaration;\nany other matter the commissioner considers relevant.\nThe investigation and disciplinary action must be taken within a period of 2 years after the end of the former officer’s employment mentioned in subsection (1) (b) .\nHowever, subsection (4) does not stop disciplinary action being taken following an appeal or review.\nSubsection (4) does not affect—\nan investigation of a suspected criminal offence; or\nan investigation of a matter for the purpose of notifying the Crime and Corruption Commission of suspected corrupt conduct under the Crime and Corruption Act 2001 .\nIn deciding whether to continue or start a disciplinary investigation the commissioner may have regard to the matters the commissioner reasonably considers to be relevant including matters prescribed under a regulation.\ns 7A.1 ins 2009 No. 25 s 39\namd 2014 No. 21 s 94 (2) sch 2 ; 2019 No. 32 ss 10 , 32 sch 1\n(sec.7A.1-ssec.1) This section applies if— a ground for disciplinary action arises in relation to a police officer; and after the ground for disciplinary action arises the employment of the person (the former officer ) as a police officer ends for any reason.\n(sec.7A.1-ssec.2) A ground for disciplinary action arises when the conduct constituting the ground happens.\n(sec.7A.1-ssec.3) The commissioner may continue or start an investigation to decide whether the former officer is liable to disciplinary action in relation to the former officer’s conduct at any time when he or she was a police officer. Under section 4 .10 the commissioner may delegate powers under this part.\n(sec.7A.1-ssec.3A) For deciding whether to continue or start an investigation, the commissioner may consider the following matters— the seriousness of the ground for disciplinary action; how far advanced the investigation is; the cost of continuing the investigation; access to the former officer; the former officer’s disciplinary history; any benefit to the service in proceeding or not proceeding with the investigation; whether the matter is being considered or investigated by the CCC or any other authority; any offence substantially related to the ground for disciplinary action; the likelihood of the former officer engaging in future employment for which the officer would be required to disclose the making of a disciplinary declaration; any other matter the commissioner considers relevant.\n(sec.7A.1-ssec.4) The investigation and disciplinary action must be taken within a period of 2 years after the end of the former officer’s employment mentioned in subsection (1) (b) .\n(sec.7A.1-ssec.5) However, subsection (4) does not stop disciplinary action being taken following an appeal or review.\n(sec.7A.1-ssec.6) Subsection (4) does not affect— an investigation of a suspected criminal offence; or an investigation of a matter for the purpose of notifying the Crime and Corruption Commission of suspected corrupt conduct under the Crime and Corruption Act 2001 .\n(sec.7A.1-ssec.7) In deciding whether to continue or start a disciplinary investigation the commissioner may have regard to the matters the commissioner reasonably considers to be relevant including matters prescribed under a regulation.\n- (a) a ground for disciplinary action arises in relation to a police officer; and\n- (b) after the ground for disciplinary action arises the employment of the person (the former officer ) as a police officer ends for any reason.\n- (a) the seriousness of the ground for disciplinary action;\n- (b) how far advanced the investigation is;\n- (c) the cost of continuing the investigation;\n- (d) access to the former officer;\n- (e) the former officer’s disciplinary history;\n- (f) any benefit to the service in proceeding or not proceeding with the investigation;\n- (g) whether the matter is being considered or investigated by the CCC or any other authority;\n- (h) any offence substantially related to the ground for disciplinary action;\n- (i) the likelihood of the former officer engaging in future employment for which the officer would be required to disclose the making of a disciplinary declaration;\n- (j) any other matter the commissioner considers relevant.\n- (a) an investigation of a suspected criminal offence; or\n- (b) an investigation of a matter for the purpose of notifying the Crime and Corruption Commission of suspected corrupt conduct under the Crime and Corruption Act 2001 .","sortOrder":191},{"sectionNumber":"sec.7A.2","sectionType":"section","heading":"Disciplinary action that may be taken against a former officer","content":"### sec.7A.2 Disciplinary action that may be taken against a former officer\n\nThe commissioner may make a disciplinary finding and take disciplinary action against the former officer.\nIn disciplining the former officer, the commissioner may make a disciplinary declaration and may not take any other disciplinary action.\nThe commissioner may only make a disciplinary declaration if the disciplinary action that would have been taken against the former officer if the former officer’s employment had not ended would have been—\ndismissal; or\nsuspension from duty without pay for at least 3 months; or\nprobation; or\ndemotion, whether permanently or for a stated period.\nThe making of a disciplinary declaration against a former officer does not affect the way in which the former officer’s employment ends, or any benefits, rights or liabilities arising because the employment ends.\nIn this section—\ndisciplinary declaration means a declaration of—\na disciplinary finding against the former officer; and\nthe disciplinary action that would have been taken against the officer under part 7 if the former officer’s employment had not ended.\ns 7A.2 ins 2009 No. 25 s 39\namd 2019 No. 32 ss 11 , 32 sch 1\n(sec.7A.2-ssec.1) The commissioner may make a disciplinary finding and take disciplinary action against the former officer.\n(sec.7A.2-ssec.2) In disciplining the former officer, the commissioner may make a disciplinary declaration and may not take any other disciplinary action.\n(sec.7A.2-ssec.3) The commissioner may only make a disciplinary declaration if the disciplinary action that would have been taken against the former officer if the former officer’s employment had not ended would have been— dismissal; or suspension from duty without pay for at least 3 months; or probation; or demotion, whether permanently or for a stated period.\n(sec.7A.2-ssec.4) The making of a disciplinary declaration against a former officer does not affect the way in which the former officer’s employment ends, or any benefits, rights or liabilities arising because the employment ends.\n(sec.7A.2-ssec.5) In this section— disciplinary declaration means a declaration of— a disciplinary finding against the former officer; and the disciplinary action that would have been taken against the officer under part 7 if the former officer’s employment had not ended.\n- (a) dismissal; or\n- (b) suspension from duty without pay for at least 3 months; or\n- (c) probation; or\n- (d) demotion, whether permanently or for a stated period.\n- (a) a disciplinary finding against the former officer; and\n- (b) the disciplinary action that would have been taken against the officer under part 7 if the former officer’s employment had not ended.","sortOrder":192},{"sectionNumber":"sec.7A.3","sectionType":"section","heading":"Procedure","content":"### sec.7A.3 Procedure\n\nBefore making a disciplinary declaration against a former officer, the commissioner must do 1 or both of the following—\ngive the former officer a written notice stating the alleged ground for disciplinary action and asking the former officer to respond in writing within 28 days;\nhold a disciplinary hearing in relation to the ground for disciplinary action after giving the former officer a notice asking the former officer to attend the hearing.\nA notice under subsection (1) (b) must be given at least 28 days before the hearing.\nThe commissioner may take disciplinary action against the former officer after complying with subsection (1) whether or not the former officer responds in writing to the commissioner’s notice or attends the disciplinary hearing.\ns 7A.3 ins 2009 No. 25 s 39\namd 2019 No. 32 s 12\n(sec.7A.3-ssec.1) Before making a disciplinary declaration against a former officer, the commissioner must do 1 or both of the following— give the former officer a written notice stating the alleged ground for disciplinary action and asking the former officer to respond in writing within 28 days; hold a disciplinary hearing in relation to the ground for disciplinary action after giving the former officer a notice asking the former officer to attend the hearing.\n(sec.7A.3-ssec.2) A notice under subsection (1) (b) must be given at least 28 days before the hearing.\n(sec.7A.3-ssec.3) The commissioner may take disciplinary action against the former officer after complying with subsection (1) whether or not the former officer responds in writing to the commissioner’s notice or attends the disciplinary hearing.\n- (a) give the former officer a written notice stating the alleged ground for disciplinary action and asking the former officer to respond in writing within 28 days;\n- (b) hold a disciplinary hearing in relation to the ground for disciplinary action after giving the former officer a notice asking the former officer to attend the hearing.","sortOrder":193},{"sectionNumber":"sec.7A.4","sectionType":"section","heading":"Commissioner to give former officer and the CCC a QCAT information notice","content":"### sec.7A.4 Commissioner to give former officer and the CCC a QCAT information notice\n\nThis section applies if the commissioner makes a disciplinary finding or a disciplinary declaration against a former officer.\nWithin 14 days after making the decision, the commissioner must give the former officer and the CCC a QCAT information notice for the decision.\ns 7A.4 ins 2009 No. 25 s 39\namd 2009 No. 25 s 44 (3)\nsub 2019 No. 32 s 13\n(sec.7A.4-ssec.1) This section applies if the commissioner makes a disciplinary finding or a disciplinary declaration against a former officer.\n(sec.7A.4-ssec.2) Within 14 days after making the decision, the commissioner must give the former officer and the CCC a QCAT information notice for the decision.","sortOrder":194},{"sectionNumber":"sec.7A.5","sectionType":"section","heading":null,"content":"### Section sec.7A.5\n\ns 7A.5 ins 2009 No. 25 s 39\nsub 2009 No. 25 s 44 (4)\namd 2014 No. 21 s 94 (2) sch 2\nom 2019 No. 32 s 14","sortOrder":195},{"sectionNumber":"pt.8","sectionType":"part","heading":"Resignation, retirement, change in status and summary dismissal","content":"# Resignation, retirement, change in status and summary dismissal","sortOrder":196},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Resignation, retirement and change of status","content":"## Resignation, retirement and change of status","sortOrder":197},{"sectionNumber":"sec.8.1","sectionType":"section","heading":"Resignation","content":"### sec.8.1 Resignation\n\nResignation from the service of an officer who holds a position on the basis of a contract that provides for the manner of the officer’s resignation must be effected in accordance with the contract.\nAn officer, other than one referred to in subsection (1) , may resign from the service at any time in the manner prescribed by the regulations.\n(sec.8.1-ssec.1) Resignation from the service of an officer who holds a position on the basis of a contract that provides for the manner of the officer’s resignation must be effected in accordance with the contract.\n(sec.8.1-ssec.2) An officer, other than one referred to in subsection (1) , may resign from the service at any time in the manner prescribed by the regulations.","sortOrder":198},{"sectionNumber":"sec.8.2","sectionType":"section","heading":"Retirement","content":"### sec.8.2 Retirement\n\nAn officer—\nmay retire from employment in the service upon, or at any time after, attaining the age prescribed by the regulations in relation to officers of the class to which that officer belongs;\nmay retire from employment in the service when called upon under section 8 .3 to retire from the service;\nis to retire from employment in the service upon attaining the age of 60 years.\nSubsection (1) does not apply to—\nan officer who holds a position on a contract basis; or\na special constable (State officer).\ns 8.2 amd 1993 No. 77 s 2 sch 1 ; 2023 No. 10 s 32H\n(sec.8.2-ssec.1) An officer— may retire from employment in the service upon, or at any time after, attaining the age prescribed by the regulations in relation to officers of the class to which that officer belongs; may retire from employment in the service when called upon under section 8 .3 to retire from the service; is to retire from employment in the service upon attaining the age of 60 years.\n(sec.8.2-ssec.2) Subsection (1) does not apply to— an officer who holds a position on a contract basis; or a special constable (State officer).\n- (a) may retire from employment in the service upon, or at any time after, attaining the age prescribed by the regulations in relation to officers of the class to which that officer belongs;\n- (b) may retire from employment in the service when called upon under section 8 .3 to retire from the service;\n- (c) is to retire from employment in the service upon attaining the age of 60 years.\n- (a) an officer who holds a position on a contract basis; or\n- (b) a special constable (State officer).","sortOrder":199},{"sectionNumber":"sec.8.3","sectionType":"section","heading":"Unfitness for duty on medical grounds","content":"### sec.8.3 Unfitness for duty on medical grounds\n\nIf the commissioner suspects on reasonable grounds that an officer—\nby reason of physical or mental infirmity is incapable of; or\nfor any other reason pertaining to the officer’s health or condition, is unfit for the purpose of;\nperforming the duties of office, or any other duties as an officer that the commissioner might reasonably direct the officer to perform, the commissioner is to advise the officer, in writing, of the suspicion and if upon receipt of such advice the officer does not accept the truth of the commissioner’s suspicion, the commissioner is to obtain medical opinion on the matter.\nFor the purposes of subsection (1) , the commissioner—\nmay nominate any medical practitioner or medical practitioners to examine the officer concerned and report to the commissioner on the physical or mental health or other relevant condition of the officer, as the case may require; and\nmay direct the officer concerned to submit to examination by the nominated medical practitioner or medical practitioners.\nIf the officer concerned fails without reasonable cause to comply in all respects with a direction given by the commissioner, it is to be conclusively presumed that the commissioner’s suspicion is true.\nIf, having regard to any medical opinions expressed by medical practitioners (including any such opinions furnished by the officer) on the health or condition of the officer concerned, or because of the presumption prescribed by subsection (2A) , the prescribed authority is satisfied that the officer should not continue to be required to perform the duties of office, then, unless the commissioner takes action authorised by subsection (5) , the prescribed authority may call upon the officer to retire from the service within a time specified by the prescribed authority.\nIf the officer called upon to retire does not retire within the time specified, the prescribed authority may dismiss the officer from the service.\nIf the commissioner believes the officer referred to in subsection (3) is sufficiently fit to perform duties as a staff member, then in lieu of the action authorised by subsections (3) and (4) and without limiting the commissioner’s powers in relation to the officer, the commissioner may—\nin writing, appoint the officer to a position as a staff member, at a rate of salary not less than that of the officer immediately before such appointment; and\ndirect the officer to report for and perform duty in the position to which the officer is so appointed.\nThe person appointed to a position under subsection (5) —\nstops being an officer and is relieved of all powers and duties of a constable at common law or under any Act or law; and\nbecomes a public service employee under the Public Sector Act 2022 .\nIn subsections (3) and (4) —\nprescribed authority means—\nthe Governor in Council, in respect of an officer appointed to office by the Governor in Council;\nthe commissioner, in respect of an officer appointed to office by the commissioner.\ns 8.3 amd 1993 No. 77 s 2 sch 1 ; 2014 No. 17 s 140 ; 2016 No. 43 s 23 ; 2021 No. 12 s 190 ; 2022 No. 34 s 365 sch 3 (amdt 9 could not be given effect); 2023 No. 7 s 38 ; 2024 No. 18 s 39 sch 1\n(sec.8.3-ssec.1) If the commissioner suspects on reasonable grounds that an officer— by reason of physical or mental infirmity is incapable of; or for any other reason pertaining to the officer’s health or condition, is unfit for the purpose of; performing the duties of office, or any other duties as an officer that the commissioner might reasonably direct the officer to perform, the commissioner is to advise the officer, in writing, of the suspicion and if upon receipt of such advice the officer does not accept the truth of the commissioner’s suspicion, the commissioner is to obtain medical opinion on the matter.\n(sec.8.3-ssec.2) For the purposes of subsection (1) , the commissioner— may nominate any medical practitioner or medical practitioners to examine the officer concerned and report to the commissioner on the physical or mental health or other relevant condition of the officer, as the case may require; and may direct the officer concerned to submit to examination by the nominated medical practitioner or medical practitioners.\n(sec.8.3-ssec.2A) If the officer concerned fails without reasonable cause to comply in all respects with a direction given by the commissioner, it is to be conclusively presumed that the commissioner’s suspicion is true.\n(sec.8.3-ssec.3) If, having regard to any medical opinions expressed by medical practitioners (including any such opinions furnished by the officer) on the health or condition of the officer concerned, or because of the presumption prescribed by subsection (2A) , the prescribed authority is satisfied that the officer should not continue to be required to perform the duties of office, then, unless the commissioner takes action authorised by subsection (5) , the prescribed authority may call upon the officer to retire from the service within a time specified by the prescribed authority.\n(sec.8.3-ssec.4) If the officer called upon to retire does not retire within the time specified, the prescribed authority may dismiss the officer from the service.\n(sec.8.3-ssec.5) If the commissioner believes the officer referred to in subsection (3) is sufficiently fit to perform duties as a staff member, then in lieu of the action authorised by subsections (3) and (4) and without limiting the commissioner’s powers in relation to the officer, the commissioner may— in writing, appoint the officer to a position as a staff member, at a rate of salary not less than that of the officer immediately before such appointment; and direct the officer to report for and perform duty in the position to which the officer is so appointed.\n(sec.8.3-ssec.6) The person appointed to a position under subsection (5) — stops being an officer and is relieved of all powers and duties of a constable at common law or under any Act or law; and becomes a public service employee under the Public Sector Act 2022 .\n(sec.8.3-ssec.7) In subsections (3) and (4) — prescribed authority means— the Governor in Council, in respect of an officer appointed to office by the Governor in Council; the commissioner, in respect of an officer appointed to office by the commissioner.\n- (a) by reason of physical or mental infirmity is incapable of; or\n- (b) for any other reason pertaining to the officer’s health or condition, is unfit for the purpose of;\n- (a) may nominate any medical practitioner or medical practitioners to examine the officer concerned and report to the commissioner on the physical or mental health or other relevant condition of the officer, as the case may require; and\n- (b) may direct the officer concerned to submit to examination by the nominated medical practitioner or medical practitioners.\n- (a) in writing, appoint the officer to a position as a staff member, at a rate of salary not less than that of the officer immediately before such appointment; and\n- (b) direct the officer to report for and perform duty in the position to which the officer is so appointed.\n- (a) stops being an officer and is relieved of all powers and duties of a constable at common law or under any Act or law; and\n- (b) becomes a public service employee under the Public Sector Act 2022 .\n- (a) the Governor in Council, in respect of an officer appointed to office by the Governor in Council;\n- (b) the commissioner, in respect of an officer appointed to office by the commissioner.","sortOrder":200},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Summary dismissal if sentenced to imprisonment","content":"## Summary dismissal if sentenced to imprisonment","sortOrder":201},{"sectionNumber":"sec.8.4","sectionType":"section","heading":"Application of division","content":"### sec.8.4 Application of division\n\nThis division applies to a person who—\nis a police officer or police recruit; and\nis sentenced by an Australian court to a period of imprisonment for an offence.\ns 8.4 ins 2023 No. 7 s 39\n(sec.8.4-ssec) This division applies to a person who— is a police officer or police recruit; and is sentenced by an Australian court to a period of imprisonment for an offence.\n- (a) is a police officer or police recruit; and\n- (b) is sentenced by an Australian court to a period of imprisonment for an offence.","sortOrder":202},{"sectionNumber":"sec.8.5","sectionType":"section","heading":"References to sentence of imprisonment","content":"### sec.8.5 References to sentence of imprisonment\n\nA reference in this division to a sentence of imprisonment includes a reference to a suspended sentence of imprisonment.\ns 8.5 ins 2023 No. 7 s 39","sortOrder":203},{"sectionNumber":"sec.8.6","sectionType":"section","heading":"Dismissal","content":"### sec.8.6 Dismissal\n\nOn being sentenced for the offence, the person is dismissed from the service.\nSubsection (1) applies despite any other provision of this Act or another Act.\ns 8.6 ins 2023 No. 7 s 39\n(sec.8.6-ssec.1) On being sentenced for the offence, the person is dismissed from the service.\n(sec.8.6-ssec.2) Subsection (1) applies despite any other provision of this Act or another Act.","sortOrder":204},{"sectionNumber":"sec.8.7","sectionType":"section","heading":"Application of subdivision","content":"### sec.8.7 Application of subdivision\n\nThis subdivision applies if, on appeal, the conviction for the offence is overturned or the sentence is changed to a sentence other than a sentence of imprisonment.\ns 8.7 ins 2023 No. 7 s 39\n(sec.8.7-ssec) This subdivision applies if, on appeal, the conviction for the offence is overturned or the sentence is changed to a sentence other than a sentence of imprisonment.","sortOrder":205},{"sectionNumber":"sec.8.8","sectionType":"section","heading":"Reappointment","content":"### sec.8.8 Reappointment\n\nIf the commissioner had appointed the person, the commissioner must within 5 business days after the appeal is decided reappoint the person to, and employ the person in, the same position or a similar position at the same classification level or rank the person held before the person was dismissed.\nIf the Governor in Council had appointed the person, the Governor in Council must reappoint the person to the same position at the same classification level or rank the person held before the person was dismissed.\nIf the commissioner reappoints the person under subsection (1) , the position must be in the same location as the person was employed before the person was dismissed, unless the person consents to employment in a position in a different location in Queensland.\nThe person is taken never to have been dismissed under section 8 .6.\ns 8.8 ins 2023 No. 7 s 39\n(sec.8.8-ssec.1) If the commissioner had appointed the person, the commissioner must within 5 business days after the appeal is decided reappoint the person to, and employ the person in, the same position or a similar position at the same classification level or rank the person held before the person was dismissed.\n(sec.8.8-ssec.2) If the Governor in Council had appointed the person, the Governor in Council must reappoint the person to the same position at the same classification level or rank the person held before the person was dismissed.\n(sec.8.8-ssec.3) If the commissioner reappoints the person under subsection (1) , the position must be in the same location as the person was employed before the person was dismissed, unless the person consents to employment in a position in a different location in Queensland.\n(sec.8.8-ssec.4) The person is taken never to have been dismissed under section 8 .6.","sortOrder":206},{"sectionNumber":"sec.8.9","sectionType":"section","heading":"Standing down or suspension after reappointment","content":"### sec.8.9 Standing down or suspension after reappointment\n\nUpon the person being reappointed, the person is subject to any standing down or suspension from duty under section 6 .1, including any conditions of the standing down or suspension, that was in effect immediately before the person was dismissed.\nIf the person was stood down or suspended from duty under section 6 .1 before the person was dismissed, the commissioner must, within 14 days after the person is reappointed, decide whether to revoke the standing down or suspension or again stand down or suspend the person from duty under section 6 .1.\nIf the commissioner does not act under subsection (2) , the standing down or suspension is revoked at the end of the 14 days after the person is reappointed.\ns 8.9 ins 2023 No. 7 s 39\n(sec.8.9-ssec.1) Upon the person being reappointed, the person is subject to any standing down or suspension from duty under section 6 .1, including any conditions of the standing down or suspension, that was in effect immediately before the person was dismissed.\n(sec.8.9-ssec.2) If the person was stood down or suspended from duty under section 6 .1 before the person was dismissed, the commissioner must, within 14 days after the person is reappointed, decide whether to revoke the standing down or suspension or again stand down or suspend the person from duty under section 6 .1.\n(sec.8.9-ssec.3) If the commissioner does not act under subsection (2) , the standing down or suspension is revoked at the end of the 14 days after the person is reappointed.","sortOrder":207},{"sectionNumber":"sec.8.10","sectionType":"section","heading":"Salary entitlement, continuous service and service history","content":"### sec.8.10 Salary entitlement, continuous service and service history\n\nThe period from dismissal to reappointment of the person is taken to be a period of suspension from duty without an entitlement to be paid salary during the suspension for calculating the person’s entitlement to salary and allowances under section 6 .3(2)(b) for the period.\nSubsection (1) applies regardless of whether the person resumes duty as an officer after reappointment.\nTo remove any doubt, it is declared that section 8 .8(4) applies—\nfor calculating continuous service of the person; and\nfor the person’s service history.\ns 8.10 ins 2023 No. 7 s 39\n(sec.8.10-ssec.1) The period from dismissal to reappointment of the person is taken to be a period of suspension from duty without an entitlement to be paid salary during the suspension for calculating the person’s entitlement to salary and allowances under section 6 .3(2)(b) for the period.\n(sec.8.10-ssec.2) Subsection (1) applies regardless of whether the person resumes duty as an officer after reappointment.\n(sec.8.10-ssec.3) To remove any doubt, it is declared that section 8 .8(4) applies— for calculating continuous service of the person; and for the person’s service history.\n- (a) for calculating continuous service of the person; and\n- (b) for the person’s service history.","sortOrder":208},{"sectionNumber":"sec.8.11","sectionType":"section","heading":"Interaction between division and pt 7","content":"### sec.8.11 Interaction between division and pt 7\n\nTo remove any doubt, it is declared that—\nany action taken under this division is not part of a disciplinary process under part 7 ; and\nnothing in this division limits the operation of part 7 .\ns 8.11 ins 2023 No. 7 s 39\n(sec.8.11-ssec) To remove any doubt, it is declared that— any action taken under this division is not part of a disciplinary process under part 7 ; and nothing in this division limits the operation of part 7 .\n- (a) any action taken under this division is not part of a disciplinary process under part 7 ; and\n- (b) nothing in this division limits the operation of part 7 .","sortOrder":209},{"sectionNumber":"pt.9","sectionType":"part","heading":"Review of decisions","content":"# Review of decisions","sortOrder":210},{"sectionNumber":"sec.9.1","sectionType":"section","heading":null,"content":"### Section sec.9.1\n\ns 9.1 amd 2000 No. 46 s 3 sch ; 2009 No. 24 s 1606 ; 2014 No. 21 s 94 (2) sch 2\nom 2019 No. 32 s 15","sortOrder":211},{"sectionNumber":"sec.9.1A","sectionType":"section","heading":"Relationship with Industrial Relations Act 2016","content":"### sec.9.1A Relationship with Industrial Relations Act 2016\n\nThe Industrial Court and the Industrial Relations Commission do not have jurisdiction in relation to a matter that has been, is being, or may be reviewed under this part even though it may be, or be about, or arise out of, an industrial matter within the meaning of the Industrial Relations Act 2016 .\ns 9.1A ins 2001 No. 34 s 3\namd 2016 No. 63 s 1157 sch 6","sortOrder":212},{"sectionNumber":"sec.9.2","sectionType":"section","heading":"Review does not stay decision","content":"### sec.9.2 Review does not stay decision\n\nAn application for review of a decision under this part—\ndoes not affect the operation and effect of the decision pending disposal of the application; and\ndoes not have the effect of deferring the liability of the applicant to implementation of the decision.\n- (a) does not affect the operation and effect of the decision pending disposal of the application; and\n- (b) does not have the effect of deferring the liability of the applicant to implementation of the decision.","sortOrder":213},{"sectionNumber":"sec.9.2A","sectionType":"section","heading":"Commissioner for police service reviews","content":"### sec.9.2A Commissioner for police service reviews\n\nA person is a commissioner for police service reviews—\nif the person is nominated under subsection (2) (a) —without further appointment; or\nif the person is nominated under subsection (2) (b) to (d) —on appointment by the Governor in Council under subsection (3) .\nThe chairperson of the Crime and Corruption Commission may nominate any of the following persons to be a commissioner for police service reviews—\na commissioner or former commissioner of the Crime and Corruption Commission;\na former member of the Criminal Justice Commission;\na person qualified for appointment as chairperson of the Crime and Corruption Commission;\na person who has community service experience, or experience of community standards and expectations, relating to public sector officials and public sector administration.\nThe Governor in Council may appoint as a commissioner for police service reviews a person who—\nis nominated for appointment under subsection (2) (b) to (d) ; and\nis not an ineligible person under the Crime and Corruption Act 2001 .\nThe person’s appointment must be notified by gazette notice.\nThe appointment is for the term, not longer than 3 years, and on the conditions, including conditions of remuneration, stated in the instrument of appointment.\nMore than 1 person may hold office as a commissioner for police service reviews at any time.\ns 9.2A ins 1993 No. 77 s 2 sch 1\nsub 1997 No. 31 s 3\namd 2001 No. 69 s 378 sch 1 ; 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1\n(sec.9.2A-ssec.1) A person is a commissioner for police service reviews— if the person is nominated under subsection (2) (a) —without further appointment; or if the person is nominated under subsection (2) (b) to (d) —on appointment by the Governor in Council under subsection (3) .\n(sec.9.2A-ssec.2) The chairperson of the Crime and Corruption Commission may nominate any of the following persons to be a commissioner for police service reviews— a commissioner or former commissioner of the Crime and Corruption Commission; a former member of the Criminal Justice Commission; a person qualified for appointment as chairperson of the Crime and Corruption Commission; a person who has community service experience, or experience of community standards and expectations, relating to public sector officials and public sector administration.\n(sec.9.2A-ssec.3) The Governor in Council may appoint as a commissioner for police service reviews a person who— is nominated for appointment under subsection (2) (b) to (d) ; and is not an ineligible person under the Crime and Corruption Act 2001 .\n(sec.9.2A-ssec.4) The person’s appointment must be notified by gazette notice.\n(sec.9.2A-ssec.5) The appointment is for the term, not longer than 3 years, and on the conditions, including conditions of remuneration, stated in the instrument of appointment.\n(sec.9.2A-ssec.6) More than 1 person may hold office as a commissioner for police service reviews at any time.\n- (a) if the person is nominated under subsection (2) (a) —without further appointment; or\n- (b) if the person is nominated under subsection (2) (b) to (d) —on appointment by the Governor in Council under subsection (3) .\n- (a) a commissioner or former commissioner of the Crime and Corruption Commission;\n- (b) a former member of the Criminal Justice Commission;\n- (c) a person qualified for appointment as chairperson of the Crime and Corruption Commission;\n- (d) a person who has community service experience, or experience of community standards and expectations, relating to public sector officials and public sector administration.\n- (a) is nominated for appointment under subsection (2) (b) to (d) ; and\n- (b) is not an ineligible person under the Crime and Corruption Act 2001 .","sortOrder":214},{"sectionNumber":"sec.9.3","sectionType":"section","heading":"Application for review","content":"### sec.9.3 Application for review\n\nA police officer who is aggrieved by a decision about—\nthe selection of an officer for appointment to a police officer position, whether on promotion or transfer, if the selection procedures mentioned in section 5 .2(2)(a) were required to be complied with; or\nthe selection of an officer for transfer to a police officer position, if the selection procedures mentioned in section 5 .2(2)(a) were not required to be complied with; or\nsuspension or standing down of the officer under section 6 .1; or\nanother decision prescribed by regulation as open to review under this part;\nmay apply to have the decision reviewed by a commissioner for police service reviews.\nSee the Crime and Corruption Act 2001 , chapter 5 , part 3 for review provisions relating to disciplinary decisions made under part 7 or 7A .\nAn application for the review of a decision mentioned in subsection (1) (a) may only be made by a person who properly applied for appointment to the position concerned and was unsuccessful.\nAn application for the review of a decision mentioned in subsection (1) (b) may only be made by a police officer who was transferred to the position concerned without applying for the transfer.\nAuthority is hereby conferred on a commissioner for police service reviews—\nto hear and consider all applications for review under this part duly made;\nto make recommendations relating to any matters relevant to a review under this part.\ns 9.3 amd 1993 No. 77 s 5 ; 2009 No. 25 s 40 ; 2019 No. 32 s 16\n(sec.9.3-ssec.1) A police officer who is aggrieved by a decision about— the selection of an officer for appointment to a police officer position, whether on promotion or transfer, if the selection procedures mentioned in section 5 .2(2)(a) were required to be complied with; or the selection of an officer for transfer to a police officer position, if the selection procedures mentioned in section 5 .2(2)(a) were not required to be complied with; or suspension or standing down of the officer under section 6 .1; or another decision prescribed by regulation as open to review under this part; may apply to have the decision reviewed by a commissioner for police service reviews. See the Crime and Corruption Act 2001 , chapter 5 , part 3 for review provisions relating to disciplinary decisions made under part 7 or 7A .\n(sec.9.3-ssec.2) An application for the review of a decision mentioned in subsection (1) (a) may only be made by a person who properly applied for appointment to the position concerned and was unsuccessful.\n(sec.9.3-ssec.3) An application for the review of a decision mentioned in subsection (1) (b) may only be made by a police officer who was transferred to the position concerned without applying for the transfer.\n(sec.9.3-ssec.4) Authority is hereby conferred on a commissioner for police service reviews— to hear and consider all applications for review under this part duly made; to make recommendations relating to any matters relevant to a review under this part.\n- (a) the selection of an officer for appointment to a police officer position, whether on promotion or transfer, if the selection procedures mentioned in section 5 .2(2)(a) were required to be complied with; or\n- (b) the selection of an officer for transfer to a police officer position, if the selection procedures mentioned in section 5 .2(2)(a) were not required to be complied with; or\n- (c) suspension or standing down of the officer under section 6 .1; or\n- (d) another decision prescribed by regulation as open to review under this part;\n- (a) to hear and consider all applications for review under this part duly made;\n- (b) to make recommendations relating to any matters relevant to a review under this part.","sortOrder":215},{"sectionNumber":"sec.9.4","sectionType":"section","heading":"Procedures","content":"### sec.9.4 Procedures\n\nAn application for review under this part must be made as prescribed by the regulations or, where the regulations do not make any or sufficient provision, in accordance with directions of a commissioner for police service reviews.\nA review under this part is to be conducted as prescribed by the regulations or, where the regulations do not make any or sufficient provision, as determined by a commissioner for police service reviews, having regard to the following principles—\na review is an administrative proceeding of a non-adversarial nature;\nproceedings on a review should be informal and simple;\nlegal representation is not permitted to any person concerned in a review.\ns 9.4 amd 1993 No. 77 s 2 sch 1\n(sec.9.4-ssec.1) An application for review under this part must be made as prescribed by the regulations or, where the regulations do not make any or sufficient provision, in accordance with directions of a commissioner for police service reviews.\n(sec.9.4-ssec.2) A review under this part is to be conducted as prescribed by the regulations or, where the regulations do not make any or sufficient provision, as determined by a commissioner for police service reviews, having regard to the following principles— a review is an administrative proceeding of a non-adversarial nature; proceedings on a review should be informal and simple; legal representation is not permitted to any person concerned in a review.\n- (a) a review is an administrative proceeding of a non-adversarial nature;\n- (b) proceedings on a review should be informal and simple;\n- (c) legal representation is not permitted to any person concerned in a review.","sortOrder":216},{"sectionNumber":"sec.9.5","sectionType":"section","heading":"Result of review","content":"### sec.9.5 Result of review\n\nUpon conclusion of a review under this part, a commissioner for police service reviews is to make such recommendations as that commissioner considers appropriate to the matter under review to the commissioner of the police service.\nThe commissioner of the police service, upon consideration of the matter reviewed and having regard to the recommendations made, is to take such action as appears to the commissioner of the police service to be just and fair.\ns 9.5 amd 1993 No. 77 s 2 sch 1\n(sec.9.5-ssec.1) Upon conclusion of a review under this part, a commissioner for police service reviews is to make such recommendations as that commissioner considers appropriate to the matter under review to the commissioner of the police service.\n(sec.9.5-ssec.2) The commissioner of the police service, upon consideration of the matter reviewed and having regard to the recommendations made, is to take such action as appears to the commissioner of the police service to be just and fair.","sortOrder":217},{"sectionNumber":"sec.9.6","sectionType":"section","heading":"Effect of rescission of decision","content":"### sec.9.6 Effect of rescission of decision\n\nIf, following a review of a decision under this part, the decision is rescinded, it is to be taken that the decision was never made or implemented, whether or not any decision is substituted in its stead.","sortOrder":218},{"sectionNumber":"sec.9.7","sectionType":"section","heading":"Protection of commissioners for police service reviews from liability","content":"### sec.9.7 Protection of commissioners for police service reviews from liability\n\nThis section applies to each of the following persons (each a protected person )—\na commissioner for police service reviews;\na person acting under the direction of a commissioner for police service reviews;\na person who was a person of a type mentioned in paragraph (a) or (b) at the time the person engaged in conduct in an official capacity.\nA protected person does not incur civil liability for engaging, or for the result of engaging, in conduct in an official capacity.\nIf subsection (2) prevents liability attaching to a protected person, the liability attaches instead to the State.\nIf liability attaches to the State under subsection (3) , the State may recover contribution from the protected person but only if the conduct was engaged in—\nother than in good faith; and\nwith gross negligence.\nIn a proceeding under subsection (4) to recover contribution, the amount of contribution recoverable is the amount found by the court to be just and equitable in the circumstances.\nIn this section—\ncivil liability , of a protected person for engaging, or for the result of engaging, in conduct in an official capacity, means liability of any type for the payment of an amount by the protected person because of—\na claim based in tort, contract or another form of action in relation to the conduct or result, including, for example, breach of statutory duty or defamation and, for a fatal injury, includes a claim for the deceased’s dependants or estate; or\na complaint made under a law that provides a person may complain about the conduct or result to an entity established under the law, other than a complaint to start criminal proceedings, including, for example, a complaint under the Justices Act 1886 ; or\nan order of a court to pay costs relating to a proceeding for an offence against a law in relation to the conduct or result, unless the proceeding was for an offence by the protected person.\na liability because of an agreement or an order under the Anti-Discrimination Act 1991 or the Australian Human Rights Commission Act 1986 (Cwlth) requiring payment of an amount to a complainant (however described) under the Act\na liability because of an obligation under an agreement to settle a proceeding, or an order of a court or tribunal, to do something that involves paying an amount, including an obligation to rectify damage to a building or to publish an apology in a newspaper\nconduct means an act or an omission to perform an act.\nengage in conduct in an official capacity means engage in conduct as part of, or otherwise in connection with, a person’s role as a protected person, including, for example, engaging in conduct under or purportedly under this Act.\ns 9.7 ins 2015 No. 27 s 6\nsub 2018 No. 29 s 81\n(sec.9.7-ssec.1) This section applies to each of the following persons (each a protected person )— a commissioner for police service reviews; a person acting under the direction of a commissioner for police service reviews; a person who was a person of a type mentioned in paragraph (a) or (b) at the time the person engaged in conduct in an official capacity.\n(sec.9.7-ssec.2) A protected person does not incur civil liability for engaging, or for the result of engaging, in conduct in an official capacity.\n(sec.9.7-ssec.3) If subsection (2) prevents liability attaching to a protected person, the liability attaches instead to the State.\n(sec.9.7-ssec.4) If liability attaches to the State under subsection (3) , the State may recover contribution from the protected person but only if the conduct was engaged in— other than in good faith; and with gross negligence.\n(sec.9.7-ssec.5) In a proceeding under subsection (4) to recover contribution, the amount of contribution recoverable is the amount found by the court to be just and equitable in the circumstances.\n(sec.9.7-ssec.6) In this section— civil liability , of a protected person for engaging, or for the result of engaging, in conduct in an official capacity, means liability of any type for the payment of an amount by the protected person because of— a claim based in tort, contract or another form of action in relation to the conduct or result, including, for example, breach of statutory duty or defamation and, for a fatal injury, includes a claim for the deceased’s dependants or estate; or a complaint made under a law that provides a person may complain about the conduct or result to an entity established under the law, other than a complaint to start criminal proceedings, including, for example, a complaint under the Justices Act 1886 ; or an order of a court to pay costs relating to a proceeding for an offence against a law in relation to the conduct or result, unless the proceeding was for an offence by the protected person. a liability because of an agreement or an order under the Anti-Discrimination Act 1991 or the Australian Human Rights Commission Act 1986 (Cwlth) requiring payment of an amount to a complainant (however described) under the Act a liability because of an obligation under an agreement to settle a proceeding, or an order of a court or tribunal, to do something that involves paying an amount, including an obligation to rectify damage to a building or to publish an apology in a newspaper conduct means an act or an omission to perform an act. engage in conduct in an official capacity means engage in conduct as part of, or otherwise in connection with, a person’s role as a protected person, including, for example, engaging in conduct under or purportedly under this Act.\n- (a) a commissioner for police service reviews;\n- (b) a person acting under the direction of a commissioner for police service reviews;\n- (c) a person who was a person of a type mentioned in paragraph (a) or (b) at the time the person engaged in conduct in an official capacity.\n- (a) other than in good faith; and\n- (b) with gross negligence.\n- (a) a claim based in tort, contract or another form of action in relation to the conduct or result, including, for example, breach of statutory duty or defamation and, for a fatal injury, includes a claim for the deceased’s dependants or estate; or\n- (b) a complaint made under a law that provides a person may complain about the conduct or result to an entity established under the law, other than a complaint to start criminal proceedings, including, for example, a complaint under the Justices Act 1886 ; or\n- (c) an order of a court to pay costs relating to a proceeding for an offence against a law in relation to the conduct or result, unless the proceeding was for an offence by the protected person.\n- • a liability because of an agreement or an order under the Anti-Discrimination Act 1991 or the Australian Human Rights Commission Act 1986 (Cwlth) requiring payment of an amount to a complainant (however described) under the Act\n- • a liability because of an obligation under an agreement to settle a proceeding, or an order of a court or tribunal, to do something that involves paying an amount, including an obligation to rectify damage to a building or to publish an apology in a newspaper","sortOrder":219},{"sectionNumber":"sec.9.8","sectionType":"section","heading":"Other protection from liability for a review","content":"### sec.9.8 Other protection from liability for a review\n\nA person does not incur civil liability for engaging, or for the result of engaging, in any of the following conduct in good faith and without negligence—\napplying for or otherwise being involved in a review of a decision under this part;\ngiving oral, written or other matter to a commissioner for police service reviews, or a person acting at the direction of a commissioner for police service reviews, for a review of a decision under this part.\nIn this section—\ncivil claim , in relation to conduct or the result of engaging in conduct—\nmeans a claim based in tort, contract or another form of action in relation to the conduct or result, including, for example, breach of statutory duty or defamation; and\nfor a fatal injury, includes a claim for the deceased’s dependants or estate.\ncivil liability , in relation to a person, means liability of any type for the payment of an amount by the person because of a civil claim.\ns 9.8 ins 2015 No. 27 s 6\n(sec.9.8-ssec.1) A person does not incur civil liability for engaging, or for the result of engaging, in any of the following conduct in good faith and without negligence— applying for or otherwise being involved in a review of a decision under this part; giving oral, written or other matter to a commissioner for police service reviews, or a person acting at the direction of a commissioner for police service reviews, for a review of a decision under this part.\n(sec.9.8-ssec.2) In this section— civil claim , in relation to conduct or the result of engaging in conduct— means a claim based in tort, contract or another form of action in relation to the conduct or result, including, for example, breach of statutory duty or defamation; and for a fatal injury, includes a claim for the deceased’s dependants or estate. civil liability , in relation to a person, means liability of any type for the payment of an amount by the person because of a civil claim.\n- (a) applying for or otherwise being involved in a review of a decision under this part;\n- (b) giving oral, written or other matter to a commissioner for police service reviews, or a person acting at the direction of a commissioner for police service reviews, for a review of a decision under this part.\n- (a) means a claim based in tort, contract or another form of action in relation to the conduct or result, including, for example, breach of statutory duty or defamation; and\n- (b) for a fatal injury, includes a claim for the deceased’s dependants or estate.","sortOrder":220},{"sectionNumber":"pt.9A","sectionType":"part","heading":null,"content":"","sortOrder":221},{"sectionNumber":"sec.9A.1","sectionType":"section","heading":null,"content":"### Section sec.9A.1\n\ns 9A.1 ins 1998 No. 19 s 8\nom 2023 No. 7 s 40","sortOrder":222},{"sectionNumber":"sec.9A.2","sectionType":"section","heading":null,"content":"### Section sec.9A.2\n\ns 9A.2 ins 1998 No. 19 s 8\nom 2023 No. 7 s 40","sortOrder":223},{"sectionNumber":"sec.9A.3","sectionType":"section","heading":null,"content":"### Section sec.9A.3\n\ns 9A.3 ins 1998 No. 19 s 8\nom 2023 No. 7 s 40","sortOrder":224},{"sectionNumber":"sec.9A.4","sectionType":"section","heading":null,"content":"### Section sec.9A.4\n\ns 9A.4 ins 1998 No. 19 s 8\nom 2023 No. 7 s 40","sortOrder":225},{"sectionNumber":"pt.10","sectionType":"part","heading":"Miscellaneous provisions","content":"# Miscellaneous provisions","sortOrder":226},{"sectionNumber":"pt.10-div.1","sectionType":"division","heading":"Provisions about use or disclosure of information","content":"## Provisions about use or disclosure of information","sortOrder":227},{"sectionNumber":"sec.10.1","sectionType":"section","heading":"Unauthorised use of confidential information","content":"### sec.10.1 Unauthorised use of confidential information\n\nThis section applies to a person who—\nis or has been—\na member of the service performing functions under or relating to the administration of this Act; or\nanother individual engaged to perform functions under or relating to the administration of this Act; or\nan individual engaged by an entity that is engaged to perform functions under or relating to the administration of this Act; and\nin that capacity, acquired confidential information or has access to, or custody of, confidential information.\nThis section also applies to a person who has acquired or has access to confidential information—\nwhether directly or indirectly, from a person mentioned in subsection (1) ; or\nas authorised under an Act, another law or an arrangement with the service.\nThe person must not use the confidential information other than under this section.\nMaximum penalty—100 penalty units or 2 years imprisonment.\nThe person may use the confidential information—\nto the extent the use is required or permitted under this Act or another Act or to perform the person’s functions under this Act or another Act; or\nwith the consent of the person to whom the information relates if the information would normally be made available to any member of the public on request; or\nin compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or\nif the use is otherwise required or permitted under another law.\nIn this section—\nconfidential information —\nmeans personal information about an individual or other information of a confidential nature; but\ndoes not include—\ninformation that is publicly available; or\nstatistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates.\npersonal information see the Information Privacy Act 2009 , section 12 .\nuse , in relation to information, see section 10 .2G.\ns 10.1 amd 1993 No. 77 s 2 sch 1 ; 2000 No. 22 s 38 ; 2005 No. 17 s 30 ; 2005 No. 45 s 74 sch 4 ; 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 ); 2019 No. 26 s 290 sch 2\nsub 2023 No. 7 s 43\namd 2023 No. 11 s 34 s ch 1 pt 2 (amdt could not be given effect)\n(sec.10.1-ssec.1) This section applies to a person who— is or has been— a member of the service performing functions under or relating to the administration of this Act; or another individual engaged to perform functions under or relating to the administration of this Act; or an individual engaged by an entity that is engaged to perform functions under or relating to the administration of this Act; and in that capacity, acquired confidential information or has access to, or custody of, confidential information.\n(sec.10.1-ssec.2) This section also applies to a person who has acquired or has access to confidential information— whether directly or indirectly, from a person mentioned in subsection (1) ; or as authorised under an Act, another law or an arrangement with the service.\n(sec.10.1-ssec.3) The person must not use the confidential information other than under this section. Maximum penalty—100 penalty units or 2 years imprisonment.\n(sec.10.1-ssec.4) The person may use the confidential information— to the extent the use is required or permitted under this Act or another Act or to perform the person’s functions under this Act or another Act; or with the consent of the person to whom the information relates if the information would normally be made available to any member of the public on request; or in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or if the use is otherwise required or permitted under another law.\n(sec.10.1-ssec.5) In this section— confidential information — means personal information about an individual or other information of a confidential nature; but does not include— information that is publicly available; or statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates. personal information see the Information Privacy Act 2009 , section 12 . use , in relation to information, see section 10 .2G.\n- (a) is or has been— (i) a member of the service performing functions under or relating to the administration of this Act; or (ii) another individual engaged to perform functions under or relating to the administration of this Act; or (iii) an individual engaged by an entity that is engaged to perform functions under or relating to the administration of this Act; and\n- (i) a member of the service performing functions under or relating to the administration of this Act; or\n- (ii) another individual engaged to perform functions under or relating to the administration of this Act; or\n- (iii) an individual engaged by an entity that is engaged to perform functions under or relating to the administration of this Act; and\n- (b) in that capacity, acquired confidential information or has access to, or custody of, confidential information.\n- (i) a member of the service performing functions under or relating to the administration of this Act; or\n- (ii) another individual engaged to perform functions under or relating to the administration of this Act; or\n- (iii) an individual engaged by an entity that is engaged to perform functions under or relating to the administration of this Act; and\n- (a) whether directly or indirectly, from a person mentioned in subsection (1) ; or\n- (b) as authorised under an Act, another law or an arrangement with the service.\n- (a) to the extent the use is required or permitted under this Act or another Act or to perform the person’s functions under this Act or another Act; or\n- (b) with the consent of the person to whom the information relates if the information would normally be made available to any member of the public on request; or\n- (c) in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or\n- (d) if the use is otherwise required or permitted under another law.\n- (a) means personal information about an individual or other information of a confidential nature; but\n- (b) does not include— (i) information that is publicly available; or (ii) statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates.\n- (i) information that is publicly available; or\n- (ii) statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates.\n- (i) information that is publicly available; or\n- (ii) statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates.","sortOrder":228},{"sectionNumber":"sec.10.2","sectionType":"section","heading":"Authorisation of disclosure","content":"### sec.10.2 Authorisation of disclosure\n\nThe commissioner may, in writing, authorise disclosure of information that is in the possession of the police service.\nSubsection (1) does not apply if section 5A .20(4), 5A.21A(4), 5AA.14(3), 10.2A, 10.2B or 10.2D, or a provision of division 1AA , applies to the information.\nAuthorisation under subsection (1) must accord with any regulations made in relation to disclosure of such information, and any such authorisation is to be taken as authorising disclosure in accordance with any such regulations.\nAlso, subject to any regulation made under subsection (3) , the commissioner may impose conditions on the disclosure of information under this section.\nA person to whom the information is disclosed must not contravene a condition imposed under subsection (4) .\nMaximum penalty—40 penalty units.\nNeither the Crown nor any person incurs any liability in law on account of a disclosure of information made under and in accordance with the commissioner’s authorisation.\ns 10.2 amd 1998 No. 19 s 9 ; 2005 No. 17 s 31 ; 2006 No. 58 s 7 ; 2018 No. 2 s 16 ; 2021 No. 12 s 191 ; 2023 No. 7 s 68 s ch 1 pt 1\n(sec.10.2-ssec.1) The commissioner may, in writing, authorise disclosure of information that is in the possession of the police service.\n(sec.10.2-ssec.2) Subsection (1) does not apply if section 5A .20(4), 5A.21A(4), 5AA.14(3), 10.2A, 10.2B or 10.2D, or a provision of division 1AA , applies to the information.\n(sec.10.2-ssec.3) Authorisation under subsection (1) must accord with any regulations made in relation to disclosure of such information, and any such authorisation is to be taken as authorising disclosure in accordance with any such regulations.\n(sec.10.2-ssec.4) Also, subject to any regulation made under subsection (3) , the commissioner may impose conditions on the disclosure of information under this section.\n(sec.10.2-ssec.5) A person to whom the information is disclosed must not contravene a condition imposed under subsection (4) . Maximum penalty—40 penalty units.\n(sec.10.2-ssec.6) Neither the Crown nor any person incurs any liability in law on account of a disclosure of information made under and in accordance with the commissioner’s authorisation.","sortOrder":229},{"sectionNumber":"sec.10.2AAA","sectionType":"section","heading":null,"content":"### Section sec.10.2AAA\n\ns 10.2AAA ins 2013 No. 64 s 123\nom 2016 No. 62 s 331","sortOrder":230},{"sectionNumber":"sec.10.2AAB","sectionType":"section","heading":null,"content":"### Section sec.10.2AAB\n\ns 10.2AAB ins 2013 No. 64 s 123\nom 2016 No. 62 s 331","sortOrder":231},{"sectionNumber":"sec.10.2AAC","sectionType":"section","heading":null,"content":"### Section sec.10.2AAC\n\ns 10.2AAC ins 2013 No. 64 s 123\nom 2016 No. 62 s 331","sortOrder":232},{"sectionNumber":"sec.10.2AAD","sectionType":"section","heading":null,"content":"### Section sec.10.2AAD\n\ns 10.2AAD ins 2013 No. 64 s 123\nom 2016 No. 62 s 331","sortOrder":233},{"sectionNumber":"sec.10.2AA","sectionType":"section","heading":"Definitions for sdiv 2","content":"### sec.10.2AA Definitions for sdiv 2\n\nIn this subdivision—\ncriminal history has the meaning given by the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 3 .\nrelevant agency means the ACC or the police force or service of another jurisdiction.\ns 10.2AA def relevant agency ins 2010 No. 45 s 5 (2)\namd 2016 No. 48 s 18 sch 1 (retro)\ns 10.2AA ins 2009 No. 48 s 64\namd 2010 No. 45 s 5 (1)","sortOrder":234},{"sectionNumber":"sec.10.2A","sectionType":"section","heading":"Disclosure of criminal history for employment screening under commercial or other arrangement","content":"### sec.10.2A Disclosure of criminal history for employment screening under commercial or other arrangement\n\nThis section applies in relation to the disclosure of the criminal history of a person ( relevant person ) if—\nthe disclosure is to be made to a relevant agency; and\nthe purpose of the disclosure is to facilitate the release of the relevant person’s criminal history by the relevant agency to someone else (the third party ) under an arrangement; and\nthe arrangement provides for the use of the relevant person’s criminal history only for employment screening purposes.\nThe commissioner may disclose the relevant person’s criminal history to the relevant agency as a function of the service.\nHowever, the commissioner may disclose the relevant person’s criminal history to the relevant agency for disclosure to the third party only with the person’s written consent and only if the commissioner is satisfied the disclosure—\nis for a national criminal history check for employment screening purposes under a service provided by the relevant agency; and\nis, or is likely to be, of benefit to the community or a section of the community.\nIn this section—\narrangement includes an intergovernmental arrangement and a commercial arrangement.\nemployment includes engagement on a voluntary basis.\ns 10.2A ins 2006 No. 58 s 8\namd 2008 No. 49 s 7 ; 2010 No. 45 s 6\n(sec.10.2A-ssec.1) This section applies in relation to the disclosure of the criminal history of a person ( relevant person ) if— the disclosure is to be made to a relevant agency; and the purpose of the disclosure is to facilitate the release of the relevant person’s criminal history by the relevant agency to someone else (the third party ) under an arrangement; and the arrangement provides for the use of the relevant person’s criminal history only for employment screening purposes.\n(sec.10.2A-ssec.2) The commissioner may disclose the relevant person’s criminal history to the relevant agency as a function of the service.\n(sec.10.2A-ssec.3) However, the commissioner may disclose the relevant person’s criminal history to the relevant agency for disclosure to the third party only with the person’s written consent and only if the commissioner is satisfied the disclosure— is for a national criminal history check for employment screening purposes under a service provided by the relevant agency; and is, or is likely to be, of benefit to the community or a section of the community.\n(sec.10.2A-ssec.4) In this section— arrangement includes an intergovernmental arrangement and a commercial arrangement. employment includes engagement on a voluntary basis.\n- (a) the disclosure is to be made to a relevant agency; and\n- (b) the purpose of the disclosure is to facilitate the release of the relevant person’s criminal history by the relevant agency to someone else (the third party ) under an arrangement; and\n- (c) the arrangement provides for the use of the relevant person’s criminal history only for employment screening purposes.\n- (a) is for a national criminal history check for employment screening purposes under a service provided by the relevant agency; and\n- (b) is, or is likely to be, of benefit to the community or a section of the community.","sortOrder":235},{"sectionNumber":"sec.10.2BA","sectionType":"section","heading":"Disclosure of criminal history to assess suitability of records for s 10 .2A purposes","content":"### sec.10.2BA Disclosure of criminal history to assess suitability of records for s 10 .2A purposes\n\nFor the purpose of enabling disclosure under section 10 .2A, the commissioner may disclose a person’s criminal history to a relevant agency if—\nthe criminal history has been given to the ACC under section 10 .2I; and\nthe disclosure is for the purpose of assessing the suitability of records for release under section 10 .2A.\nTo remove any doubt, it is declared that there is no requirement to comply with section 10 .2A(3) before the commissioner can disclose a person’s criminal history under subsection (1) .\nIn this section—\ncriminal history has the meaning given by section 10 .2G.\ns 10.2BA ins 2010 No. 45 s 7\namd 2016 No. 48 s 18 sch 1 (retro)\n(sec.10.2BA-ssec.1) For the purpose of enabling disclosure under section 10 .2A, the commissioner may disclose a person’s criminal history to a relevant agency if— the criminal history has been given to the ACC under section 10 .2I; and the disclosure is for the purpose of assessing the suitability of records for release under section 10 .2A.\n(sec.10.2BA-ssec.2) To remove any doubt, it is declared that there is no requirement to comply with section 10 .2A(3) before the commissioner can disclose a person’s criminal history under subsection (1) .\n(sec.10.2BA-ssec.3) In this section— criminal history has the meaning given by section 10 .2G.\n- (a) the criminal history has been given to the ACC under section 10 .2I; and\n- (b) the disclosure is for the purpose of assessing the suitability of records for release under section 10 .2A.","sortOrder":236},{"sectionNumber":"sec.10.2B","sectionType":"section","heading":"Disclosure of criminal history for assessing suitability for diversion program","content":"### sec.10.2B Disclosure of criminal history for assessing suitability for diversion program\n\nThis section applies for helping a person (the decision-maker ) decide whether another person is suitable to take part in a diversion program.\nThe commissioner may, for the purpose of assessing the person’s suitability for the program and with the person’s written consent, disclose the person’s criminal history to the chief executive officer of the entity responsible for assessing the person’s suitability.\nThe commissioner may disclose the person’s criminal history as a function of the service and the relevant chief executive officer may use the information for the purpose of the assessment and, if required, in any report given to a decision-maker on the person’s suitability.\nIn this section—\ndiversion program means a government-sponsored program for diverting alleged offenders from court proceedings that is prescribed under a regulation under this Act or a regulation under the Bail Act 1980 , section 11 (9) .\ngovernment-sponsored program means a program that is funded, or partly funded, by the State or Commonwealth government or is otherwise endorsed by the State government.\ns 10.2B ins 2006 No. 58 s 8\namd 2010 No. 51 s 57 sch\n(sec.10.2B-ssec.1) This section applies for helping a person (the decision-maker ) decide whether another person is suitable to take part in a diversion program.\n(sec.10.2B-ssec.2) The commissioner may, for the purpose of assessing the person’s suitability for the program and with the person’s written consent, disclose the person’s criminal history to the chief executive officer of the entity responsible for assessing the person’s suitability.\n(sec.10.2B-ssec.3) The commissioner may disclose the person’s criminal history as a function of the service and the relevant chief executive officer may use the information for the purpose of the assessment and, if required, in any report given to a decision-maker on the person’s suitability.\n(sec.10.2B-ssec.4) In this section— diversion program means a government-sponsored program for diverting alleged offenders from court proceedings that is prescribed under a regulation under this Act or a regulation under the Bail Act 1980 , section 11 (9) . government-sponsored program means a program that is funded, or partly funded, by the State or Commonwealth government or is otherwise endorsed by the State government. s 10.2B ins 2006 No. 58 s 8 amd 2010 No. 51 s 57 sch","sortOrder":237},{"sectionNumber":"sec.10.2C","sectionType":"section","heading":null,"content":"### Section sec.10.2C\n\ns 10.2C ins 2006 No. 58 s 8\namd 2010 No. 45 s 8\nom 2023 No. 7 s 44","sortOrder":238},{"sectionNumber":"sec.10.2CA","sectionType":"section","heading":"Information about disciplinary action to be given by commissioner","content":"### sec.10.2CA Information about disciplinary action to be given by commissioner\n\nThis section applies if—\nthe chief executive of a department asks the commissioner for disciplinary information the commissioner has about a person who is or was a member of the service; and\nthe information is reasonably necessary for the chief executive to make a decision about an appointment or continued employment of the person to the chief executive’s department.\nThe commissioner must give the disciplinary information to the chief executive unless the commissioner is reasonably satisfied that giving the information may prejudice the investigation of a suspected contravention of the law in a particular case.\nIn this section—\ndisciplinary information , in relation to a request made of the commissioner about a person who is or was a member of the service, includes the following made or taken against the person—\na disciplinary finding;\ndisciplinary action, including a disciplinary declaration.\ns 10.2CA ins 2009 No. 25 s 41\n(sec.10.2CA-ssec.1) This section applies if— the chief executive of a department asks the commissioner for disciplinary information the commissioner has about a person who is or was a member of the service; and the information is reasonably necessary for the chief executive to make a decision about an appointment or continued employment of the person to the chief executive’s department.\n(sec.10.2CA-ssec.2) The commissioner must give the disciplinary information to the chief executive unless the commissioner is reasonably satisfied that giving the information may prejudice the investigation of a suspected contravention of the law in a particular case.\n(sec.10.2CA-ssec.3) In this section— disciplinary information , in relation to a request made of the commissioner about a person who is or was a member of the service, includes the following made or taken against the person— a disciplinary finding; disciplinary action, including a disciplinary declaration.\n- (a) the chief executive of a department asks the commissioner for disciplinary information the commissioner has about a person who is or was a member of the service; and\n- (b) the information is reasonably necessary for the chief executive to make a decision about an appointment or continued employment of the person to the chief executive’s department.\n- (a) a disciplinary finding;\n- (b) disciplinary action, including a disciplinary declaration.","sortOrder":239},{"sectionNumber":"sec.10.2D","sectionType":"section","heading":"Disclosure of information to the media by direct data feed","content":"### sec.10.2D Disclosure of information to the media by direct data feed\n\nThis section applies in relation to information about particular incidents involving a response by an officer or officers as part of operational activities of the service.\nHowever, this section applies to the information only if—\nthe commissioner is satisfied disclosing the information while officers are responding to the incident or soon after the response will not adversely affect operational activities undertaken as part of the response; and\nthe commissioner considers it is appropriate to disclose the information to electronic or print media organisations (the media ) or a section of the media by direct data feed.\nThe commissioner may, as a function of the service, disclose the information to the media by direct data feed, on the conditions and subject to the restrictions the commissioner considers appropriate.\nWithout limiting subsection (3) , the restrictions the commissioner may impose on the disclosure of the information include restrictions about the nature of the information that is to be disclosed and when it is to be disclosed.\nThe commissioner discloses the information by direct data feed by giving the media organisation electronic access to operational information about the police service.\ns 10.2D ins 2006 No. 58 s 8\n(sec.10.2D-ssec.1) This section applies in relation to information about particular incidents involving a response by an officer or officers as part of operational activities of the service.\n(sec.10.2D-ssec.2) However, this section applies to the information only if— the commissioner is satisfied disclosing the information while officers are responding to the incident or soon after the response will not adversely affect operational activities undertaken as part of the response; and the commissioner considers it is appropriate to disclose the information to electronic or print media organisations (the media ) or a section of the media by direct data feed.\n(sec.10.2D-ssec.3) The commissioner may, as a function of the service, disclose the information to the media by direct data feed, on the conditions and subject to the restrictions the commissioner considers appropriate.\n(sec.10.2D-ssec.4) Without limiting subsection (3) , the restrictions the commissioner may impose on the disclosure of the information include restrictions about the nature of the information that is to be disclosed and when it is to be disclosed.\n(sec.10.2D-ssec.5) The commissioner discloses the information by direct data feed by giving the media organisation electronic access to operational information about the police service.\n- (a) the commissioner is satisfied disclosing the information while officers are responding to the incident or soon after the response will not adversely affect operational activities undertaken as part of the response; and\n- (b) the commissioner considers it is appropriate to disclose the information to electronic or print media organisations (the media ) or a section of the media by direct data feed.","sortOrder":240},{"sectionNumber":"sec.10.2E","sectionType":"section","heading":"Relationship to other laws","content":"### sec.10.2E Relationship to other laws\n\nTo remove any doubt, it is declared that this division is subject to any other Act that—\nrequires or permits the commissioner to disclose information in the possession of the service about a person; or\nprevents or restricts the commissioner from disclosing information in the possession of the service about a person.\nHowever, subsection (1) (b) does not apply to a disclosure made to a relevant agency under section 10 .2BA.\ns 10.2E ins 2006 No. 58 s 8\namd 2010 No. 45 s 9 ; 2013 No. 64 s 125 ; 2016 No. 62 s 333\n(sec.10.2E-ssec.1) To remove any doubt, it is declared that this division is subject to any other Act that— requires or permits the commissioner to disclose information in the possession of the service about a person; or prevents or restricts the commissioner from disclosing information in the possession of the service about a person.\n(sec.10.2E-ssec.2) However, subsection (1) (b) does not apply to a disclosure made to a relevant agency under section 10 .2BA.\n- (a) requires or permits the commissioner to disclose information in the possession of the service about a person; or\n- (b) prevents or restricts the commissioner from disclosing information in the possession of the service about a person.","sortOrder":241},{"sectionNumber":"sec.10.2F","sectionType":"section","heading":"Declarations about particular information disclosures","content":"### sec.10.2F Declarations about particular information disclosures\n\nThis section applies to a disclosure, made by the commissioner before the commencement of this section, of information of a kind mentioned in section 10 .2, 10.2A or 10.2D in the circumstances mentioned in the section.\nThe disclosure is and always was lawfully made.\ns 10.2F ins 2006 No. 58 s 8\n(sec.10.2F-ssec.1) This section applies to a disclosure, made by the commissioner before the commencement of this section, of information of a kind mentioned in section 10 .2, 10.2A or 10.2D in the circumstances mentioned in the section.\n(sec.10.2F-ssec.2) The disclosure is and always was lawfully made.","sortOrder":242},{"sectionNumber":"pt.10-div.1AA","sectionType":"division","heading":"National identity matching services","content":"## National identity matching services","sortOrder":243},{"sectionNumber":"sec.10.2FA","sectionType":"section","heading":"Definitions for division","content":"### sec.10.2FA Definitions for division\n\nIn this division—\nface matching services means the following services involving facial biometric matching—\nthe service (known as the face verification service) enabling the comparison of a facial image associated with an individual against a facial image held on a specific government record associated with the individual to verify the individual’s identity;\nthe service (known as the face identification service) enabling the comparison of a facial image against multiple images held on a database of government records to establish an individual’s identity;\nthe service (known as the one person one licence service) enabling the comparison of an individual’s facial image against other facial images used on driver licences and other identity documents to identify whether the individual holds multiple licences, in the same or a different identity, in 1 or more jurisdictions.\nhost agency , for an identity matching service, means the Commonwealth agency responsible for maintaining the service under an agreement between the Commonwealth and the States.\nidentity document means a document that—\ncontains or incorporates identity information; and\nis capable of being used as evidence of identity.\nidentity information means information relating to an individual, whether living, dead, real or fictitious, that is capable of being used, alone or in conjunction with other information, to identify or purportedly identify the individual.\na photo of, or other information about, an individual on a drivers licence, passport or other identity document\nother information about an individual submitted to verify the individual’s identity\nidentity matching services means the following services administered by the Commonwealth under an agreement entered into by the Commonwealth and the States—\nthe service (known as the document verification service) enabling biographical information on identity documents to be verified against corresponding records held by a participating entity for the service;\nthe service (known as the identity data sharing service) enabling the sharing of identity information between the Commonwealth and the States to ensure the accuracy and integrity of identity-based records;\nthe face matching services;\nany other service prescribed by regulation, to the extent the operation of the service relates only to a permitted purpose within the meaning of section 10 .2FF(2).\ninformation includes a document.\nparticipating entity , in relation to an identity matching service, means an entity—\nparticipating in the service; and\nwith whom the commissioner has entered into an agreement in relation to the use of the service.\ns 10.2FA ins 2018 No. 2 s 17\n- (a) the service (known as the face verification service) enabling the comparison of a facial image associated with an individual against a facial image held on a specific government record associated with the individual to verify the individual’s identity;\n- (b) the service (known as the face identification service) enabling the comparison of a facial image against multiple images held on a database of government records to establish an individual’s identity;\n- (c) the service (known as the one person one licence service) enabling the comparison of an individual’s facial image against other facial images used on driver licences and other identity documents to identify whether the individual holds multiple licences, in the same or a different identity, in 1 or more jurisdictions.\n- (a) contains or incorporates identity information; and\n- (b) is capable of being used as evidence of identity.\n- • a photo of, or other information about, an individual on a drivers licence, passport or other identity document\n- • other information about an individual submitted to verify the individual’s identity\n- (a) the service (known as the document verification service) enabling biographical information on identity documents to be verified against corresponding records held by a participating entity for the service;\n- (b) the service (known as the identity data sharing service) enabling the sharing of identity information between the Commonwealth and the States to ensure the accuracy and integrity of identity-based records;\n- (c) the face matching services;\n- (d) any other service prescribed by regulation, to the extent the operation of the service relates only to a permitted purpose within the meaning of section 10 .2FF(2).\n- (a) participating in the service; and\n- (b) with whom the commissioner has entered into an agreement in relation to the use of the service.","sortOrder":244},{"sectionNumber":"sec.10.2FB","sectionType":"section","heading":"Division binds all persons","content":"### sec.10.2FB Division binds all persons\n\nThis division binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.\ns 10.2FB ins 2018 No. 2 s 17","sortOrder":245},{"sectionNumber":"sec.10.2FC","sectionType":"section","heading":"Disclosure of identity information by commissioner","content":"### sec.10.2FC Disclosure of identity information by commissioner\n\nFor a purpose related to the operation of an identity matching service, the commissioner may disclose identity information lawfully in the commissioner’s possession to—\nthe host agency for the service; or\na participating entity for the service.\ns 10.2FC ins 2018 No. 2 s 17\n- (a) the host agency for the service; or\n- (b) a participating entity for the service.","sortOrder":246},{"sectionNumber":"sec.10.2FD","sectionType":"section","heading":"Collection and use of identity information by commissioner","content":"### sec.10.2FD Collection and use of identity information by commissioner\n\nThe commissioner may collect and use identity information, by the operation of an identity matching service, from—\nthe host agency for the service; or\na participating entity for the service.\ns 10.2FD ins 2018 No. 2 s 17\n- (a) the host agency for the service; or\n- (b) a participating entity for the service.","sortOrder":247},{"sectionNumber":"sec.10.2FE","sectionType":"section","heading":"Collection, use and disclosure by host agency","content":"### sec.10.2FE Collection, use and disclosure by host agency\n\nThe host agency may, for a purpose related to the operation of an identity matching service—\ncollect or use identity information disclosed to it under this division; or\ndisclose the identity information to the commissioner or a participating entity for the service.\ns 10.2FE ins 2018 No. 2 s 17\n- (a) collect or use identity information disclosed to it under this division; or\n- (b) disclose the identity information to the commissioner or a participating entity for the service.","sortOrder":248},{"sectionNumber":"sec.10.2FF","sectionType":"section","heading":"Disclosure, use or collection must be for permitted purpose","content":"### sec.10.2FF Disclosure, use or collection must be for permitted purpose\n\nDespite sections 10 .2FC, 10.2FD and 10.2FE, identity information may be disclosed, collected or used under this division only for a permitted purpose.\nEach of the following purposes is a permitted purpose —\npreventing, detecting, investigating or prosecuting crimes involving fabricated, manipulated, stolen or otherwise assumed identities;\npreventing, detecting, investigating or prosecuting other offences against Commonwealth or State laws;\nconducting investigations or gathering intelligence for purposes related to national security within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004 (Cwlth) ;\npromoting the security of a participating entity’s assets, facilities or personnel;\nprotecting and managing legally assumed identities\nsecurity or background checking\nidentifying individuals who are at risk of, or have experienced, physical harm;\ninvestigating individuals reported as missing\nidentifying individuals reported as dead, or unidentified human remains\nidentifying individuals when addressing significant risks to public health or safety\nidentifying individuals in relation to disaster events or major events\nimproving road safety, including the detection of unlicensed and disqualified drivers and individuals who hold multiple licences;\nverifying an individual’s identity with the individual’s consent or as authorised or required by law.\ns 10.2FF ins 2018 No. 2 s 17\n(sec.10.2FF-ssec.1) Despite sections 10 .2FC, 10.2FD and 10.2FE, identity information may be disclosed, collected or used under this division only for a permitted purpose.\n(sec.10.2FF-ssec.2) Each of the following purposes is a permitted purpose — preventing, detecting, investigating or prosecuting crimes involving fabricated, manipulated, stolen or otherwise assumed identities; preventing, detecting, investigating or prosecuting other offences against Commonwealth or State laws; conducting investigations or gathering intelligence for purposes related to national security within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004 (Cwlth) ; promoting the security of a participating entity’s assets, facilities or personnel; protecting and managing legally assumed identities security or background checking identifying individuals who are at risk of, or have experienced, physical harm; investigating individuals reported as missing identifying individuals reported as dead, or unidentified human remains identifying individuals when addressing significant risks to public health or safety identifying individuals in relation to disaster events or major events improving road safety, including the detection of unlicensed and disqualified drivers and individuals who hold multiple licences; verifying an individual’s identity with the individual’s consent or as authorised or required by law. s 10.2FF ins 2018 No. 2 s 17\n- (a) preventing, detecting, investigating or prosecuting crimes involving fabricated, manipulated, stolen or otherwise assumed identities;\n- (b) preventing, detecting, investigating or prosecuting other offences against Commonwealth or State laws;\n- (c) conducting investigations or gathering intelligence for purposes related to national security within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004 (Cwlth) ;\n- (d) promoting the security of a participating entity’s assets, facilities or personnel; Examples— • protecting and managing legally assumed identities • security or background checking\n- • protecting and managing legally assumed identities\n- • security or background checking\n- (e) identifying individuals who are at risk of, or have experienced, physical harm; Examples— • investigating individuals reported as missing • identifying individuals reported as dead, or unidentified human remains • identifying individuals when addressing significant risks to public health or safety • identifying individuals in relation to disaster events or major events\n- • investigating individuals reported as missing\n- • identifying individuals reported as dead, or unidentified human remains\n- • identifying individuals when addressing significant risks to public health or safety\n- • identifying individuals in relation to disaster events or major events\n- (f) improving road safety, including the detection of unlicensed and disqualified drivers and individuals who hold multiple licences;\n- (g) verifying an individual’s identity with the individual’s consent or as authorised or required by law.\n- • protecting and managing legally assumed identities\n- • security or background checking\n- • investigating individuals reported as missing\n- • identifying individuals reported as dead, or unidentified human remains\n- • identifying individuals when addressing significant risks to public health or safety\n- • identifying individuals in relation to disaster events or major events","sortOrder":249},{"sectionNumber":"sec.10.2FG","sectionType":"section","heading":"Inconsistency with other laws","content":"### sec.10.2FG Inconsistency with other laws\n\nTo the extent this division is inconsistent with another law, this division prevails to the extent of the inconsistency.\ns 10.2FG ins 2018 No. 2 s 17","sortOrder":250},{"sectionNumber":"pt.10-div.1A","sectionType":"division","heading":"Provisions about exchange of policing information","content":"## Provisions about exchange of policing information","sortOrder":251},{"sectionNumber":"sec.10.2G","sectionType":"section","heading":"Definitions for division","content":"### sec.10.2G Definitions for division\n\nIn this division—\napproved agency means an entity established, or continued in existence, under the law of the Commonwealth or a State prescribed under a regulation as an approved agency.\ns 10.2G def approved agency amd 2026 No. 4 s 119 sch 1\napproved information means information in a QPS database of a kind that is prescribed under a regulation.\ncondition includes prohibition or restriction.\ncriminal history , of a person—\nmeans the person’s convictions in relation to offences committed in Queensland or elsewhere; and\nincludes information about—\noffences of any kind alleged to have been committed, in Queensland or elsewhere, by the person; and\ncautions administered to the person under the Youth Justice Act 1992 , part 2 , division 2 ; and\nreferrals of offences to the chief executive of the department in which the Youth Justice Act 1992 is administered for restorative justice processes under that Act.\ns 10.2G def criminal history ins 2009 No. 48 s 65\namd 2013 No. 64 s 126 ; 2016 No. 39 s 37 sch 1\nend user means the following entities—\nan approved agency;\na law enforcement agency;\na police force or service of the Commonwealth or another State.\nhead , of an entity, means—\nfor an approved agency or a law enforcement agency—the chief executive officer, however called, of the agency; or\nfor an IPSP—the chief executive officer of the IPSP; or\nfor a police force or service of the Commonwealth or another State—the commissioner of the police force or service; or\nfor Queensland Transport—the chief executive of Queensland Transport; or\nfor any other entity established under the law of the Commonwealth or a State—the chief executive officer of the entity.\ns 10.2G def head amd 2026 No. 4 s 119 sch 1\nIPSP means—\nthe ACC; or\nan entity established under the law of the Commonwealth or a State prescribed under a regulation as an information processing service provider.\ns 10.2G def IPSP amd 2016 No. 48 s 18 sch 1 (retro)\nlaw enforcement agency means an entity established under the law of the Commonwealth or a State prescribed under a regulation as a law enforcement agency.\nlaw enforcement purpose , in relation to the use of information by an approved agency or law enforcement agency, means a purpose for which the agency is authorised to use the information under a law of the Commonwealth or a State.\nmember , of an entity, includes a person employed or engaged by the entity.\nMINDA ...\ns 10.2G def MINDA om 2023 No. 7 s 45 (2)\npolicing purpose , in relation to the use of information by a police force or service of the Commonwealth or another State, means a purpose substantially similar to a purpose for which the Queensland Police Service is authorised to use the information under an Act.\nuse , in relation to information, includes the following—\ndisclose;\ngive;\ngive access to;\nmake available;\npublish;\nrecord.\ns 10.2G ins 2008 No. 49 s 8\namd 2023 No. 7 s 45 (1)\n- (a) means the person’s convictions in relation to offences committed in Queensland or elsewhere; and\n- (b) includes information about— (i) offences of any kind alleged to have been committed, in Queensland or elsewhere, by the person; and (ii) cautions administered to the person under the Youth Justice Act 1992 , part 2 , division 2 ; and (iii) referrals of offences to the chief executive of the department in which the Youth Justice Act 1992 is administered for restorative justice processes under that Act.\n- (i) offences of any kind alleged to have been committed, in Queensland or elsewhere, by the person; and\n- (ii) cautions administered to the person under the Youth Justice Act 1992 , part 2 , division 2 ; and\n- (iii) referrals of offences to the chief executive of the department in which the Youth Justice Act 1992 is administered for restorative justice processes under that Act.\n- (i) offences of any kind alleged to have been committed, in Queensland or elsewhere, by the person; and\n- (ii) cautions administered to the person under the Youth Justice Act 1992 , part 2 , division 2 ; and\n- (iii) referrals of offences to the chief executive of the department in which the Youth Justice Act 1992 is administered for restorative justice processes under that Act.\n- (a) an approved agency;\n- (b) a law enforcement agency;\n- (c) a police force or service of the Commonwealth or another State.\n- (a) for an approved agency or a law enforcement agency—the chief executive officer, however called, of the agency; or\n- (b) for an IPSP—the chief executive officer of the IPSP; or\n- (c) for a police force or service of the Commonwealth or another State—the commissioner of the police force or service; or\n- (d) for Queensland Transport—the chief executive of Queensland Transport; or\n- (e) for any other entity established under the law of the Commonwealth or a State—the chief executive officer of the entity.\n- (a) the ACC; or\n- (b) an entity established under the law of the Commonwealth or a State prescribed under a regulation as an information processing service provider.\n- (a) disclose;\n- (b) give;\n- (c) give access to;\n- (d) make available;\n- (e) publish;\n- (f) record.","sortOrder":252},{"sectionNumber":"sec.10.2H","sectionType":"section","heading":null,"content":"### Section sec.10.2H\n\ns 10.2H ins 2008 No. 49 s 8\nom 2016 No. 48 s 18 sch 1 (retro)","sortOrder":253},{"sectionNumber":"sec.10.2I","sectionType":"section","heading":"Giving information to an IPSP to enable use of approved information by police services and law enforcement agencies for particular purposes","content":"### sec.10.2I Giving information to an IPSP to enable use of approved information by police services and law enforcement agencies for particular purposes\n\nThe commissioner may give to the head of an IPSP all or any information in a QPS database for inclusion in a database administered by the IPSP for the purpose of the IPSP giving approved information to—\nthe head of a police force or service of the Commonwealth or another State to enable the police force or service to use the approved information for a policing purpose; or\nthe head of a law enforcement agency to enable the law enforcement agency to use the approved information for a law enforcement purpose.\nThe commissioner may use information given under this section to the head of an IPSP for a purpose for which the information may be used under an Act whether or not the purpose is the same purpose for which the information was given under this section to the head of the IPSP.\nThe head of an IPSP may transfer information from the database mentioned in subsection (1) administered by the head of the IPSP to another database administered by the head of the IPSP for a purpose permitted under an Act.\nTo remove any doubt, it is declared that this section does not limit section 10 .2J.\ns 10.2I ins 2008 No. 49 s 8\namd 2010 No. 45 s 10\n(sec.10.2I-ssec.1) The commissioner may give to the head of an IPSP all or any information in a QPS database for inclusion in a database administered by the IPSP for the purpose of the IPSP giving approved information to— the head of a police force or service of the Commonwealth or another State to enable the police force or service to use the approved information for a policing purpose; or the head of a law enforcement agency to enable the law enforcement agency to use the approved information for a law enforcement purpose.\n(sec.10.2I-ssec.1A) The commissioner may use information given under this section to the head of an IPSP for a purpose for which the information may be used under an Act whether or not the purpose is the same purpose for which the information was given under this section to the head of the IPSP.\n(sec.10.2I-ssec.1B) The head of an IPSP may transfer information from the database mentioned in subsection (1) administered by the head of the IPSP to another database administered by the head of the IPSP for a purpose permitted under an Act.\n(sec.10.2I-ssec.2) To remove any doubt, it is declared that this section does not limit section 10 .2J.\n- (a) the head of a police force or service of the Commonwealth or another State to enable the police force or service to use the approved information for a policing purpose; or\n- (b) the head of a law enforcement agency to enable the law enforcement agency to use the approved information for a law enforcement purpose.","sortOrder":254},{"sectionNumber":"sec.10.2J","sectionType":"section","heading":"Giving approved information to police services and law enforcement agencies to enable use of approved information for particular purposes","content":"### sec.10.2J Giving approved information to police services and law enforcement agencies to enable use of approved information for particular purposes\n\nThe commissioner may give approved information in a QPS database to—\nthe head of a police force or service of the Commonwealth or another State to enable the police force or service to use the approved information for a policing purpose; or\nthe head of a law enforcement agency to enable the law enforcement agency to use the approved information for a law enforcement purpose.\ns 10.2J ins 2008 No. 49 s 8\n- (a) the head of a police force or service of the Commonwealth or another State to enable the police force or service to use the approved information for a policing purpose; or\n- (b) the head of a law enforcement agency to enable the law enforcement agency to use the approved information for a law enforcement purpose.","sortOrder":255},{"sectionNumber":"sec.10.2K","sectionType":"section","heading":null,"content":"### Section sec.10.2K\n\ns 10.2K ins 2008 No. 49 s 8\nom 2023 No. 7 s 46","sortOrder":256},{"sectionNumber":"sec.10.2L","sectionType":"section","heading":"Giving information to approved agencies to enable use of information for particular purposes","content":"### sec.10.2L Giving information to approved agencies to enable use of information for particular purposes\n\nThe commissioner may give the head of an approved agency all or any information in a QPS database to enable the approved agency to use the information for a law enforcement purpose.\nWithout limiting subsection (1) , the commissioner may give the information to the head of the approved agency by allowing an authorised member of the approved agency to have direct access to a QPS database.\nIn this section—\nauthorised member , of an approved agency, means a member of the approved agency authorised in writing by the commissioner to have direct access to a QPS database.\ns 10.2L ins 2008 No. 49 s 8\n(sec.10.2L-ssec.1) The commissioner may give the head of an approved agency all or any information in a QPS database to enable the approved agency to use the information for a law enforcement purpose.\n(sec.10.2L-ssec.2) Without limiting subsection (1) , the commissioner may give the information to the head of the approved agency by allowing an authorised member of the approved agency to have direct access to a QPS database.\n(sec.10.2L-ssec.3) In this section— authorised member , of an approved agency, means a member of the approved agency authorised in writing by the commissioner to have direct access to a QPS database.","sortOrder":257},{"sectionNumber":"sec.10.2M","sectionType":"section","heading":"Commissioner may impose conditions","content":"### sec.10.2M Commissioner may impose conditions\n\nThe commissioner may give information to the head of an entity under this subdivision on the conditions the commissioner considers appropriate.\ns 10.2M ins 2008 No. 49 s 8","sortOrder":258},{"sectionNumber":"sec.10.2N","sectionType":"section","heading":"Use of information permitted despite other provisions","content":"### sec.10.2N Use of information permitted despite other provisions\n\nInformation may be given to the head of an entity by the commissioner or an IPSP as mentioned in subdivision 2 despite a prescribed provision.\nDespite a prescribed provision—\nthe police force or service of the Commonwealth or another State may use, for a policing purpose, information given to the commissioner of the police force or service by the commissioner or an IPSP as mentioned in subdivision 2 ; and\nthe law enforcement agency or an approved agency may use, for a law enforcement purpose, information given to the chief executive officer of the agency by the commissioner or an IPSP as mentioned in subdivision 2 .\nIn this section—\nprescribed provision means—\npart 5A ; or\npart 5AA ; or\npart 10 , division 1 ; or\nany other Act imposing a condition on the use of information.\ns 10.2N ins 2008 No. 49 s 8\n(sec.10.2N-ssec.1) Information may be given to the head of an entity by the commissioner or an IPSP as mentioned in subdivision 2 despite a prescribed provision.\n(sec.10.2N-ssec.2) Despite a prescribed provision— the police force or service of the Commonwealth or another State may use, for a policing purpose, information given to the commissioner of the police force or service by the commissioner or an IPSP as mentioned in subdivision 2 ; and the law enforcement agency or an approved agency may use, for a law enforcement purpose, information given to the chief executive officer of the agency by the commissioner or an IPSP as mentioned in subdivision 2 .\n(sec.10.2N-ssec.3) In this section— prescribed provision means— part 5A ; or part 5AA ; or part 10 , division 1 ; or any other Act imposing a condition on the use of information.\n- (a) the police force or service of the Commonwealth or another State may use, for a policing purpose, information given to the commissioner of the police force or service by the commissioner or an IPSP as mentioned in subdivision 2 ; and\n- (b) the law enforcement agency or an approved agency may use, for a law enforcement purpose, information given to the chief executive officer of the agency by the commissioner or an IPSP as mentioned in subdivision 2 .\n- (a) part 5A ; or\n- (b) part 5AA ; or\n- (c) part 10 , division 1 ; or\n- (d) any other Act imposing a condition on the use of information.","sortOrder":259},{"sectionNumber":"sec.10.2O","sectionType":"section","heading":"Condition imposed under another Act may apply","content":"### sec.10.2O Condition imposed under another Act may apply\n\nThis section applies in relation to information a member of an end user has because it has been given to the head of the end user by the commissioner or an IPSP as mentioned in subdivision 2 .\nIf the information is subject to a condition on use imposed under another Act when in the possession of the Queensland Police Service, the same condition or a condition of the same kind applies to the information when in the possession of the member.\nYouth Justice Act 1992 , section 289 (Recording, use or disclosure for authorised purpose)\nYouth Justice Act 1992 , section 295 (Disclosure by police of information about cautions and restorative justice processes and restorative justice agreements)\nCriminal Law (Rehabilitation of Offenders) Act 1986 , section 6 (Non-disclosure of convictions upon expiration of rehabilitation period)\nCriminal Law (Rehabilitation of Offenders) Act 1986 , section 7 ( Section 6 not applicable in certain cases)\ns 10.2O ins 2008 No. 49 s 8\namd 2009 No. 34 s 45 (1) sch pt 1 amdt 29; 2016 No. 39 s 37 sch 1\n(sec.10.2O-ssec.1) This section applies in relation to information a member of an end user has because it has been given to the head of the end user by the commissioner or an IPSP as mentioned in subdivision 2 .\n(sec.10.2O-ssec.2) If the information is subject to a condition on use imposed under another Act when in the possession of the Queensland Police Service, the same condition or a condition of the same kind applies to the information when in the possession of the member. Youth Justice Act 1992 , section 289 (Recording, use or disclosure for authorised purpose) Youth Justice Act 1992 , section 295 (Disclosure by police of information about cautions and restorative justice processes and restorative justice agreements) Criminal Law (Rehabilitation of Offenders) Act 1986 , section 6 (Non-disclosure of convictions upon expiration of rehabilitation period) Criminal Law (Rehabilitation of Offenders) Act 1986 , section 7 ( Section 6 not applicable in certain cases)\n- • Youth Justice Act 1992 , section 289 (Recording, use or disclosure for authorised purpose)\n- • Youth Justice Act 1992 , section 295 (Disclosure by police of information about cautions and restorative justice processes and restorative justice agreements)\n- • Criminal Law (Rehabilitation of Offenders) Act 1986 , section 6 (Non-disclosure of convictions upon expiration of rehabilitation period)\n- • Criminal Law (Rehabilitation of Offenders) Act 1986 , section 7 ( Section 6 not applicable in certain cases)","sortOrder":260},{"sectionNumber":"sec.10.2P","sectionType":"section","heading":"Misuse of information given under this division","content":"### sec.10.2P Misuse of information given under this division\n\nThis section applies in relation to information a member of an entity has because it has been given to the head of the entity by the commissioner or an IPSP as mentioned in subdivision 2 .\nThe member must not use the information—\nfor a purpose other than—\nthe purpose mentioned in subdivision 2 for which the information has been given to the head of the entity by the commissioner or the IPSP; or\na purpose that is authorised or permitted under an Act; or\nSee the Acts Interpretation Act 1954 , section 6 (References to Act ).\nin contravention of a condition, if any, imposed by the commissioner under section 10 .2M.\nMaximum penalty—100 penalty units.\nAlso, if the member has the information because it has been given to the head of an end user by the commissioner or an IPSP as mentioned in subdivision 2 , the member must not use the information in contravention of a condition mentioned in section 10 .2O(2).\nMaximum penalty—100 penalty units.\ns 10.2P ins 2008 No. 49 s 8\n(sec.10.2P-ssec.1) This section applies in relation to information a member of an entity has because it has been given to the head of the entity by the commissioner or an IPSP as mentioned in subdivision 2 .\n(sec.10.2P-ssec.2) The member must not use the information— for a purpose other than— the purpose mentioned in subdivision 2 for which the information has been given to the head of the entity by the commissioner or the IPSP; or a purpose that is authorised or permitted under an Act; or See the Acts Interpretation Act 1954 , section 6 (References to Act ). in contravention of a condition, if any, imposed by the commissioner under section 10 .2M. Maximum penalty—100 penalty units.\n(sec.10.2P-ssec.3) Also, if the member has the information because it has been given to the head of an end user by the commissioner or an IPSP as mentioned in subdivision 2 , the member must not use the information in contravention of a condition mentioned in section 10 .2O(2). Maximum penalty—100 penalty units.\n- (a) for a purpose other than— (i) the purpose mentioned in subdivision 2 for which the information has been given to the head of the entity by the commissioner or the IPSP; or (ii) a purpose that is authorised or permitted under an Act; or Note— See the Acts Interpretation Act 1954 , section 6 (References to Act ).\n- (i) the purpose mentioned in subdivision 2 for which the information has been given to the head of the entity by the commissioner or the IPSP; or\n- (ii) a purpose that is authorised or permitted under an Act; or Note— See the Acts Interpretation Act 1954 , section 6 (References to Act ).\n- (b) in contravention of a condition, if any, imposed by the commissioner under section 10 .2M.\n- (i) the purpose mentioned in subdivision 2 for which the information has been given to the head of the entity by the commissioner or the IPSP; or\n- (ii) a purpose that is authorised or permitted under an Act; or Note— See the Acts Interpretation Act 1954 , section 6 (References to Act ).","sortOrder":261},{"sectionNumber":"sec.10.2Q","sectionType":"section","heading":"Extra-territorial application of offence provision","content":"### sec.10.2Q Extra-territorial application of offence provision\n\nA person commits an offence against section 10 .2P(2) or (3) even if the person uses the information mentioned in section 10 .2P(1) outside the State.\ns 10.2Q ins 2008 No. 49 s 8","sortOrder":262},{"sectionNumber":"sec.10.2R","sectionType":"section","heading":"Protection from liability","content":"### sec.10.2R Protection from liability\n\nThis section applies if a person, acting honestly and without negligence, gives information under this division.\nThe person is not liable, civilly, criminally or under an administrative process, for giving the information.\nAlso, merely because the person gives the information, the person can not be held to have—\nbreached any code of professional etiquette or ethics; or\ndeparted from accepted standards of professional conduct.\nWithout limiting subsections (2) and (3) —\nin a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and\nif the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person—\ndoes not contravene the Act , oath or rule of law or practice by giving the information; and\nis not liable to disciplinary action for giving the information.\ns 10.2R ins 2008 No. 49 s 8\n(sec.10.2R-ssec.1) This section applies if a person, acting honestly and without negligence, gives information under this division.\n(sec.10.2R-ssec.2) The person is not liable, civilly, criminally or under an administrative process, for giving the information.\n(sec.10.2R-ssec.3) Also, merely because the person gives the information, the person can not be held to have— breached any code of professional etiquette or ethics; or departed from accepted standards of professional conduct.\n(sec.10.2R-ssec.4) Without limiting subsections (2) and (3) — in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and if the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person— does not contravene the Act , oath or rule of law or practice by giving the information; and is not liable to disciplinary action for giving the information.\n- (a) breached any code of professional etiquette or ethics; or\n- (b) departed from accepted standards of professional conduct.\n- (a) in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and\n- (b) if the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person— (i) does not contravene the Act , oath or rule of law or practice by giving the information; and (ii) is not liable to disciplinary action for giving the information.\n- (i) does not contravene the Act , oath or rule of law or practice by giving the information; and\n- (ii) is not liable to disciplinary action for giving the information.\n- (i) does not contravene the Act , oath or rule of law or practice by giving the information; and\n- (ii) is not liable to disciplinary action for giving the information.","sortOrder":263},{"sectionNumber":"pt.10-div.1B","sectionType":"division","heading":"Provisions about exchange of criminal history for particular employment screening","content":"## Provisions about exchange of criminal history for particular employment screening","sortOrder":264},{"sectionNumber":"sec.10.2S","sectionType":"section","heading":"Definitions for div 1B","content":"### sec.10.2S Definitions for div 1B\n\nIn this division—\napproved agency means—\nthe ACC; or\na police force or service of the Commonwealth or another State.\ns 10.2S def approved agency amd 2016 No. 48 s 18 sch 1 (retro)\nchild-related employment screening means using information about a person in a way that is authorised or required under a law of another State or the Commonwealth that relates to assessing whether a person poses a risk of harm to children.\ncriminal history , of a person, means—\nthe person’s convictions for offences committed in Queensland or elsewhere; and\ncharges against the person for offences alleged to have been committed in Queensland or elsewhere; and\ninformation about a conviction mentioned in paragraph (a) or a charge mentioned in paragraph (b) , including, for example, a brief description of the circumstances of the conviction or charge.\ndisability-related employment screening means using information about a person in a way that is authorised or required under a law of another State or the Commonwealth that relates to assessing whether a person poses a risk of harm to people with a disability.\ns 10.2S def disability-related employment screening ins 2018 No. 19 s 38\ninterstate screening unit means an entity, established under a law of another State or the Commonwealth, that is—\nprescribed under a regulation; or\nprescribed under the Crimes Act 1914 (Cwlth) , section 85ZZGB , 85ZZGC or 85ZZGD .\ns 10.2S ins 2009 No. 48 s 66\n- (a) the ACC; or\n- (b) a police force or service of the Commonwealth or another State.\n- (a) the person’s convictions for offences committed in Queensland or elsewhere; and\n- (b) charges against the person for offences alleged to have been committed in Queensland or elsewhere; and\n- (c) information about a conviction mentioned in paragraph (a) or a charge mentioned in paragraph (b) , including, for example, a brief description of the circumstances of the conviction or charge.\n- (a) prescribed under a regulation; or\n- (b) prescribed under the Crimes Act 1914 (Cwlth) , section 85ZZGB , 85ZZGC or 85ZZGD .","sortOrder":265},{"sectionNumber":"sec.10.2T","sectionType":"section","heading":"Giving criminal history to interstate screening unit or approved agency for employment screening","content":"### sec.10.2T Giving criminal history to interstate screening unit or approved agency for employment screening\n\nThe commissioner may give a person’s criminal history to—\nan interstate screening unit to enable the unit to use the history for child-related employment screening or disability-related employment screening; or\nan approved agency for the purpose of the approved agency giving the history to an interstate screening unit to enable the unit to use the history for child-related employment screening or disability-related employment screening.\ns 10.2T ins 2009 No. 48 s 66\namd 2018 No. 19 s 39\n- (a) an interstate screening unit to enable the unit to use the history for child-related employment screening or disability-related employment screening; or\n- (b) an approved agency for the purpose of the approved agency giving the history to an interstate screening unit to enable the unit to use the history for child-related employment screening or disability-related employment screening.","sortOrder":266},{"sectionNumber":"sec.10.2U","sectionType":"section","heading":"Use of criminal history permitted despite other provisions","content":"### sec.10.2U Use of criminal history permitted despite other provisions\n\nThe commissioner may give a person’s criminal history to an interstate screening unit or an approved agency as mentioned in section 10 .2T despite a prescribed provision.\nIn this section—\nprescribed provision means—\npart 5A ; or\npart 5AA ; or\npart 10 , division 1 or 1A ; or\nthe Criminal Law (Rehabilitation of Offenders) Act 1986 ; or\nthe Youth Justice Act 1992 , part 9 .\ns 10.2U ins 2009 No. 48 s 66\n(sec.10.2U-ssec.1) The commissioner may give a person’s criminal history to an interstate screening unit or an approved agency as mentioned in section 10 .2T despite a prescribed provision.\n(sec.10.2U-ssec.2) In this section— prescribed provision means— part 5A ; or part 5AA ; or part 10 , division 1 or 1A ; or the Criminal Law (Rehabilitation of Offenders) Act 1986 ; or the Youth Justice Act 1992 , part 9 .\n- (a) part 5A ; or\n- (b) part 5AA ; or\n- (c) part 10 , division 1 or 1A ; or\n- (d) the Criminal Law (Rehabilitation of Offenders) Act 1986 ; or\n- (e) the Youth Justice Act 1992 , part 9 .","sortOrder":267},{"sectionNumber":"sec.10.2V","sectionType":"section","heading":"Protection from liability","content":"### sec.10.2V Protection from liability\n\nThis section applies if a person, acting honestly and without negligence, uses a person’s criminal history under this division.\nThe person is not liable, civilly, criminally or under an administrative process, for using the history.\nAlso, merely because the person uses the history, the person can not be held to have—\nbreached any code of professional etiquette or ethics; or\ndeparted from accepted standards of professional conduct.\nWithout limiting subsections (2) and (3) —\nin a proceeding for defamation, the person has a defence of absolute privilege for publishing the history; and\nif the person would otherwise be required to maintain confidentiality about the history under an Act, oath or rule of law or practice, the person—\ndoes not contravene the Act , oath or rule of law or practice by using the history; and\nis not liable to disciplinary action for using the history.\ns 10.2V ins 2009 No. 48 s 66\n(sec.10.2V-ssec.1) This section applies if a person, acting honestly and without negligence, uses a person’s criminal history under this division.\n(sec.10.2V-ssec.2) The person is not liable, civilly, criminally or under an administrative process, for using the history.\n(sec.10.2V-ssec.3) Also, merely because the person uses the history, the person can not be held to have— breached any code of professional etiquette or ethics; or departed from accepted standards of professional conduct.\n(sec.10.2V-ssec.4) Without limiting subsections (2) and (3) — in a proceeding for defamation, the person has a defence of absolute privilege for publishing the history; and if the person would otherwise be required to maintain confidentiality about the history under an Act, oath or rule of law or practice, the person— does not contravene the Act , oath or rule of law or practice by using the history; and is not liable to disciplinary action for using the history. s 10.2V ins 2009 No. 48 s 66\n- (a) breached any code of professional etiquette or ethics; or\n- (b) departed from accepted standards of professional conduct.\n- (a) in a proceeding for defamation, the person has a defence of absolute privilege for publishing the history; and\n- (b) if the person would otherwise be required to maintain confidentiality about the history under an Act, oath or rule of law or practice, the person— (i) does not contravene the Act , oath or rule of law or practice by using the history; and (ii) is not liable to disciplinary action for using the history.\n- (i) does not contravene the Act , oath or rule of law or practice by using the history; and\n- (ii) is not liable to disciplinary action for using the history.\n- (i) does not contravene the Act , oath or rule of law or practice by using the history; and\n- (ii) is not liable to disciplinary action for using the history.","sortOrder":268},{"sectionNumber":"pt.10-div.2","sectionType":"division","heading":"Other miscellaneous provisions","content":"## Other miscellaneous provisions","sortOrder":269},{"sectionNumber":"sec.10.3","sectionType":"section","heading":"Protection from liability for reports","content":"### sec.10.3 Protection from liability for reports\n\nIt is lawful for any officer or staff member to express in a report made in good faith in the execution of duty, matters of opinion, judgment or recommendation (of the person making the report or other person) in addition to matters of fact.\nA report is one made in the execution of duty if the person making the report reasonably believes the person to whom it is made to have the duty or authority to receive the report.\nNeither the Crown nor any person incurs liability in law on account of a report made in good faith in the execution of duty concerning efficiency, conduct or character of any officer or staff member.\nA report, such as is referred to in subsection (3) containing matter that is false, or grossly misleading in a material particular is not one made in good faith unless the defendant proves that the person who made the report reasonably believed the report to be true, and could not have discovered by exercise of reasonable diligence, the falsity or misleading nature of the matter.\nExcept as prescribed by subsection (4) , the burden of proving absence of good faith is upon the person who alleges such absence.\n(sec.10.3-ssec.1) It is lawful for any officer or staff member to express in a report made in good faith in the execution of duty, matters of opinion, judgment or recommendation (of the person making the report or other person) in addition to matters of fact.\n(sec.10.3-ssec.2) A report is one made in the execution of duty if the person making the report reasonably believes the person to whom it is made to have the duty or authority to receive the report.\n(sec.10.3-ssec.3) Neither the Crown nor any person incurs liability in law on account of a report made in good faith in the execution of duty concerning efficiency, conduct or character of any officer or staff member.\n(sec.10.3-ssec.4) A report, such as is referred to in subsection (3) containing matter that is false, or grossly misleading in a material particular is not one made in good faith unless the defendant proves that the person who made the report reasonably believed the report to be true, and could not have discovered by exercise of reasonable diligence, the falsity or misleading nature of the matter.\n(sec.10.3-ssec.5) Except as prescribed by subsection (4) , the burden of proving absence of good faith is upon the person who alleges such absence.","sortOrder":270},{"sectionNumber":"sec.10.4","sectionType":"section","heading":"Rejection of frivolous complaints","content":"### sec.10.4 Rejection of frivolous complaints\n\nThis section relates only to a report, complaint or information concerning conduct of an officer that does not amount to misconduct.\nThe commissioner may reject, and direct that no action be taken in relation to, a report or complaint made, or information furnished, that appears to the commissioner to have been made, or furnished, frivolously or vexatiously.\nA person who has been notified in writing by or on behalf of the commissioner that a report or complaint made, or information furnished, by the person—\nappears to concern frivolous matter; or\nappears to have been made or furnished vexatiously;\nand who again makes a report or complaint, or furnishes information, to the same effect commits an offence against this Act.\nMaximum penalty—100 penalty units.\nIt is a defence to a charge of an offence defined in subsection (3) to prove—\nthat the report, complaint or information does not concern frivolous matter; or\nthat the report, complaint or information was not made or furnished vexatiously.\ns 10.4 amd 1993 No. 77 s 2 sch 1\n(sec.10.4-ssec.1) This section relates only to a report, complaint or information concerning conduct of an officer that does not amount to misconduct.\n(sec.10.4-ssec.2) The commissioner may reject, and direct that no action be taken in relation to, a report or complaint made, or information furnished, that appears to the commissioner to have been made, or furnished, frivolously or vexatiously.\n(sec.10.4-ssec.3) A person who has been notified in writing by or on behalf of the commissioner that a report or complaint made, or information furnished, by the person— appears to concern frivolous matter; or appears to have been made or furnished vexatiously; and who again makes a report or complaint, or furnishes information, to the same effect commits an offence against this Act. Maximum penalty—100 penalty units.\n(sec.10.4-ssec.4) It is a defence to a charge of an offence defined in subsection (3) to prove— that the report, complaint or information does not concern frivolous matter; or that the report, complaint or information was not made or furnished vexatiously. s 10.4 amd 1993 No. 77 s 2 sch 1\n- (a) appears to concern frivolous matter; or\n- (b) appears to have been made or furnished vexatiously;\n- (a) that the report, complaint or information does not concern frivolous matter; or\n- (b) that the report, complaint or information was not made or furnished vexatiously.","sortOrder":271},{"sectionNumber":"sec.10.5","sectionType":"section","heading":"Civil liability of police officers and others for engaging in conduct in official capacity","content":"### sec.10.5 Civil liability of police officers and others for engaging in conduct in official capacity\n\nThis section applies to each of the following—\nan officer;\na staff member;\na recruit;\na volunteer;\na person who, at the time the person engaged in conduct in an official capacity, was a person mentioned in any of paragraphs (a) to (d) .\nA person to whom this section applies does not incur civil liability for engaging, or the result of engaging, in conduct in an official capacity.\nIf subsection (2) prevents liability attaching to a person, the liability attaches instead to the Crown.\nIf liability attaches to the Crown under subsection (3) , the Crown may recover contribution from the officer, staff member or recruit or former officer, staff member or recruit who engaged in the conduct, but only if the conduct was engaged in—\nother than in good faith; and\nwith gross negligence.\nThere is to be no contribution from a volunteer or former volunteer.\nIn a proceeding under subsection (4) to recover contribution, the amount of contribution recoverable is the amount found by the court to be just and equitable in the circumstances.\nIn this section—\ncivil liability , of a person to whom this section applies for engaging, or for the result of engaging, in conduct in an official capacity, means liability of any type for the payment of an amount by the person because of—\na claim based in tort, contract or another form of action in relation to the conduct or result, including, for example, breach of statutory duty or defamation and, for a fatal injury, includes a claim for the deceased’s dependants or estate; or\na complaint made under a law that provides a person may complain about the conduct or result to an entity established under the law, other than a complaint to start criminal proceedings, including, for example, a complaint under the Justices Act 1886 ; or\nan order of a court to pay costs relating to a proceeding for an offence against a law in relation to the conduct or result, unless the proceeding was for an offence by the person.\na liability because of an agreement or an order under the Anti-Discrimination Act 1991 or the Australian Human Rights Commission Act 1986 (Cwlth) requiring payment of an amount to a complainant (however described) under the Act\na liability because of an obligation under an agreement to settle a proceeding, or an order of a court or tribunal, to do something that involves paying an amount, including an obligation to publish an apology in a newspaper\nconduct means an act or an omission to perform an act.\nengage in conduct in an official capacity , by a person to whom this section applies, means engage in conduct as part of, or otherwise in connection with, the person’s role as an officer, a staff member, a recruit or a volunteer (as is applicable), including, for example, engaging in conduct under or purportedly under an Act.\nvolunteer means a person appointed by the commissioner to perform duties for the service on an unpaid voluntary basis on conditions decided by the commissioner but does not include an MRQ volunteer or SES volunteer.\ns 10.5 amd 1998 No. 19 s 10 ; 2004 No. 43 s 89\nsub 2014 No. 2 s 13\namd 2024 No. 18 s 30\n(sec.10.5-ssec.1) This section applies to each of the following— an officer; a staff member; a recruit; a volunteer; a person who, at the time the person engaged in conduct in an official capacity, was a person mentioned in any of paragraphs (a) to (d) .\n(sec.10.5-ssec.2) A person to whom this section applies does not incur civil liability for engaging, or the result of engaging, in conduct in an official capacity.\n(sec.10.5-ssec.3) If subsection (2) prevents liability attaching to a person, the liability attaches instead to the Crown.\n(sec.10.5-ssec.4) If liability attaches to the Crown under subsection (3) , the Crown may recover contribution from the officer, staff member or recruit or former officer, staff member or recruit who engaged in the conduct, but only if the conduct was engaged in— other than in good faith; and with gross negligence. There is to be no contribution from a volunteer or former volunteer.\n(sec.10.5-ssec.5) In a proceeding under subsection (4) to recover contribution, the amount of contribution recoverable is the amount found by the court to be just and equitable in the circumstances.\n(sec.10.5-ssec.6) In this section— civil liability , of a person to whom this section applies for engaging, or for the result of engaging, in conduct in an official capacity, means liability of any type for the payment of an amount by the person because of— a claim based in tort, contract or another form of action in relation to the conduct or result, including, for example, breach of statutory duty or defamation and, for a fatal injury, includes a claim for the deceased’s dependants or estate; or a complaint made under a law that provides a person may complain about the conduct or result to an entity established under the law, other than a complaint to start criminal proceedings, including, for example, a complaint under the Justices Act 1886 ; or an order of a court to pay costs relating to a proceeding for an offence against a law in relation to the conduct or result, unless the proceeding was for an offence by the person. a liability because of an agreement or an order under the Anti-Discrimination Act 1991 or the Australian Human Rights Commission Act 1986 (Cwlth) requiring payment of an amount to a complainant (however described) under the Act a liability because of an obligation under an agreement to settle a proceeding, or an order of a court or tribunal, to do something that involves paying an amount, including an obligation to publish an apology in a newspaper conduct means an act or an omission to perform an act. engage in conduct in an official capacity , by a person to whom this section applies, means engage in conduct as part of, or otherwise in connection with, the person’s role as an officer, a staff member, a recruit or a volunteer (as is applicable), including, for example, engaging in conduct under or purportedly under an Act. volunteer means a person appointed by the commissioner to perform duties for the service on an unpaid voluntary basis on conditions decided by the commissioner but does not include an MRQ volunteer or SES volunteer. s 10.5 amd 1998 No. 19 s 10 ; 2004 No. 43 s 89 sub 2014 No. 2 s 13 amd 2024 No. 18 s 30\n- (a) an officer;\n- (b) a staff member;\n- (c) a recruit;\n- (d) a volunteer;\n- (e) a person who, at the time the person engaged in conduct in an official capacity, was a person mentioned in any of paragraphs (a) to (d) .\n- (a) other than in good faith; and\n- (b) with gross negligence.\n- (a) a claim based in tort, contract or another form of action in relation to the conduct or result, including, for example, breach of statutory duty or defamation and, for a fatal injury, includes a claim for the deceased’s dependants or estate; or\n- (b) a complaint made under a law that provides a person may complain about the conduct or result to an entity established under the law, other than a complaint to start criminal proceedings, including, for example, a complaint under the Justices Act 1886 ; or\n- (c) an order of a court to pay costs relating to a proceeding for an offence against a law in relation to the conduct or result, unless the proceeding was for an offence by the person.\n- • a liability because of an agreement or an order under the Anti-Discrimination Act 1991 or the Australian Human Rights Commission Act 1986 (Cwlth) requiring payment of an amount to a complainant (however described) under the Act\n- • a liability because of an obligation under an agreement to settle a proceeding, or an order of a court or tribunal, to do something that involves paying an amount, including an obligation to publish an apology in a newspaper","sortOrder":272},{"sectionNumber":"sec.10.6","sectionType":"section","heading":null,"content":"### Section sec.10.6\n\ns 10.6 om 2014 No. 2 s 13","sortOrder":273},{"sectionNumber":"sec.10.7","sectionType":"section","heading":"Provision of legal representation","content":"### sec.10.7 Provision of legal representation\n\nThe commissioner may provide legal representation on behalf of any officer, staff member or recruit against whom any action, claim or demand or proceeding in respect of an offence is brought or made otherwise than by or on behalf of the Crown in any of its capacities on account of any action done or omission made by the officer, staff member or recruit acting, or purporting to act, in the execution of duty.\nIf it is found, or conceded, in relation to any such action, claim, demand or proceeding that the officer, staff member or recruit, was not acting in the execution of duty in doing the action or making the omission on which the action, claim, demand or proceeding is based, the commissioner may recover from the officer, staff member or recruit the amount of costs and expenses incurred by the commissioner in providing legal representation under subsection (1) in any court of competent jurisdiction as a debt due and payable by the officer, staff member or recruit to the commissioner and unpaid.\n(sec.10.7-ssec.1) The commissioner may provide legal representation on behalf of any officer, staff member or recruit against whom any action, claim or demand or proceeding in respect of an offence is brought or made otherwise than by or on behalf of the Crown in any of its capacities on account of any action done or omission made by the officer, staff member or recruit acting, or purporting to act, in the execution of duty.\n(sec.10.7-ssec.2) If it is found, or conceded, in relation to any such action, claim, demand or proceeding that the officer, staff member or recruit, was not acting in the execution of duty in doing the action or making the omission on which the action, claim, demand or proceeding is based, the commissioner may recover from the officer, staff member or recruit the amount of costs and expenses incurred by the commissioner in providing legal representation under subsection (1) in any court of competent jurisdiction as a debt due and payable by the officer, staff member or recruit to the commissioner and unpaid.","sortOrder":274},{"sectionNumber":"sec.10.8","sectionType":"section","heading":"Compensation for injury or death","content":"### sec.10.8 Compensation for injury or death\n\nIf an officer or recruit suffers injury or death in circumstances such that, had the injury or death occurred to a worker employed elsewhere than in the police service, compensation or expenses would have been payable under the Workers’ Compensation and Rehabilitation Act 2003 to or on account of the worker or the worker’s dependants, the Crown is to indemnify the officer or recruit and, if the case requires, the dependants of the officer or recruit as if the officer or recruit were a worker covered by a policy under that Act.\ns 10.8 amd 1993 No. 77 s 2 sch 1 ; 1996 No. 75 s 535 sch 2 ; 2003 No. 27 s 622 sch 5","sortOrder":275},{"sectionNumber":"sec.10.9","sectionType":"section","heading":"Service and production of documents","content":"### sec.10.9 Service and production of documents\n\nAny document that an Act requires or authorises to be given to or served on the commissioner is taken to have been duly so given or served if it is given to the holder of an office nominated by the commissioner for this section.\nThe commissioner must, from time to time, notify in the gazette the offices and positions so nominated.\nAny member of the service may, with the leave of the court or tribunal concerned, represent the commissioner in that court or tribunal to produce to that court or tribunal any document or thing required to be produced in response to the document referred to in subsection (1) and given or served as prescribed.\ns 10.9 amd 1998 No. 19 s 11 ; 2014 No. 17 s 141 ; 2021 No. 12 s 192\n(sec.10.9-ssec.1) Any document that an Act requires or authorises to be given to or served on the commissioner is taken to have been duly so given or served if it is given to the holder of an office nominated by the commissioner for this section.\n(sec.10.9-ssec.1A) The commissioner must, from time to time, notify in the gazette the offices and positions so nominated.\n(sec.10.9-ssec.2) Any member of the service may, with the leave of the court or tribunal concerned, represent the commissioner in that court or tribunal to produce to that court or tribunal any document or thing required to be produced in response to the document referred to in subsection (1) and given or served as prescribed.","sortOrder":276},{"sectionNumber":"sec.10.10","sectionType":"section","heading":"Police establishments","content":"### sec.10.10 Police establishments\n\nThe commissioner may, by gazette notice—\ndeclare any place to be a police establishment or police station;\ndeclare any place to be part of a police establishment or police station;\ndeclare the cessation of any place as a police establishment or police station or as a part thereof;\nassign a name to a police establishment or police station and change a name so assigned;\ndefine the limits of a police establishment or police station as the commissioner thinks fit.\nIn subsection (1) —\nplace means a place appropriated to the use of, or used by, the police service for the purpose of performing functions of the service.\ns 10.10 amd 1993 No. 77 s 2 sch 1\n(sec.10.10-ssec.1) The commissioner may, by gazette notice— declare any place to be a police establishment or police station; declare any place to be part of a police establishment or police station; declare the cessation of any place as a police establishment or police station or as a part thereof; assign a name to a police establishment or police station and change a name so assigned; define the limits of a police establishment or police station as the commissioner thinks fit.\n(sec.10.10-ssec.2) In subsection (1) — place means a place appropriated to the use of, or used by, the police service for the purpose of performing functions of the service.\n- (a) declare any place to be a police establishment or police station;\n- (b) declare any place to be part of a police establishment or police station;\n- (c) declare the cessation of any place as a police establishment or police station or as a part thereof;\n- (d) assign a name to a police establishment or police station and change a name so assigned;\n- (e) define the limits of a police establishment or police station as the commissioner thinks fit.","sortOrder":277},{"sectionNumber":"sec.10.11","sectionType":"section","heading":"Ownership of official property","content":"### sec.10.11 Ownership of official property\n\nFor the purpose of any legal proceedings—\nevery police establishment or police station; or\nanything (animate or inanimate), which is not the private property of any person, that is appropriated to the use of, or is used by, the police service or any officer or staff member in the capacity as such;\nis taken to be the property of the commissioner for the time being, and may be sufficiently described as the property of the commissioner of the police service.\n- (a) every police establishment or police station; or\n- (b) anything (animate or inanimate), which is not the private property of any person, that is appropriated to the use of, or is used by, the police service or any officer or staff member in the capacity as such;","sortOrder":278},{"sectionNumber":"sec.10.12","sectionType":"section","heading":"Legal proceedings","content":"### sec.10.12 Legal proceedings\n\nAny proceedings or any action, claim or demand to which the commissioner for the time being is a party does not abate or terminate by reason that such party has ceased to be the commissioner, but may continue in the name of the successor in office.\nIn a proceeding, an allegation or statement, in a complaint or another initiating process, or in a pleading or affidavit, of any of the following things is evidence of the thing alleged or stated—\na stated place is a police establishment or police station;\na stated thing is appropriated to the use of, or is used by, the police service or any officer or staff member in the officer’s or member’s official capacity;\na stated act, omission, conduct or breach of duty has not been authorised or consented to by the commissioner in relation to anything mentioned in paragraph (a) or (b) ;\nstated property is the property of the commissioner under this Act.\nIn a proceeding, a document signed by the commissioner and stating any of the following is evidence of the thing stated—\nat a stated time or during a stated period a stated person was a police dog handler or mounted police officer;\nat a stated time or during a stated period a dog or horse identified in the document was a police dog or police horse;\nat a stated time or during a stated period—\na stated officer or staff member was authorised under section 5A .4B to operate a saliva analysing instrument; and\nthe authorisation was subject to a stated limitation or condition.\ns 10.12 amd 1993 No. 77 s 2 sch 1 ; 1998 No. 19 s 12 ; 2018 No. 20 s 54 ; 2022 No. 4 s 24\n(sec.10.12-ssec.1) Any proceedings or any action, claim or demand to which the commissioner for the time being is a party does not abate or terminate by reason that such party has ceased to be the commissioner, but may continue in the name of the successor in office.\n(sec.10.12-ssec.2) In a proceeding, an allegation or statement, in a complaint or another initiating process, or in a pleading or affidavit, of any of the following things is evidence of the thing alleged or stated— a stated place is a police establishment or police station; a stated thing is appropriated to the use of, or is used by, the police service or any officer or staff member in the officer’s or member’s official capacity; a stated act, omission, conduct or breach of duty has not been authorised or consented to by the commissioner in relation to anything mentioned in paragraph (a) or (b) ; stated property is the property of the commissioner under this Act.\n(sec.10.12-ssec.3) In a proceeding, a document signed by the commissioner and stating any of the following is evidence of the thing stated— at a stated time or during a stated period a stated person was a police dog handler or mounted police officer; at a stated time or during a stated period a dog or horse identified in the document was a police dog or police horse; at a stated time or during a stated period— a stated officer or staff member was authorised under section 5A .4B to operate a saliva analysing instrument; and the authorisation was subject to a stated limitation or condition.\n- (a) a stated place is a police establishment or police station;\n- (b) a stated thing is appropriated to the use of, or is used by, the police service or any officer or staff member in the officer’s or member’s official capacity;\n- (c) a stated act, omission, conduct or breach of duty has not been authorised or consented to by the commissioner in relation to anything mentioned in paragraph (a) or (b) ;\n- (d) stated property is the property of the commissioner under this Act.\n- (a) at a stated time or during a stated period a stated person was a police dog handler or mounted police officer;\n- (b) at a stated time or during a stated period a dog or horse identified in the document was a police dog or police horse;\n- (c) at a stated time or during a stated period— (i) a stated officer or staff member was authorised under section 5A .4B to operate a saliva analysing instrument; and (ii) the authorisation was subject to a stated limitation or condition.\n- (i) a stated officer or staff member was authorised under section 5A .4B to operate a saliva analysing instrument; and\n- (ii) the authorisation was subject to a stated limitation or condition.\n- (i) a stated officer or staff member was authorised under section 5A .4B to operate a saliva analysing instrument; and\n- (ii) the authorisation was subject to a stated limitation or condition.","sortOrder":279},{"sectionNumber":"sec.10.13","sectionType":"section","heading":"Surrender of equipment","content":"### sec.10.13 Surrender of equipment\n\nUpon a person ceasing to be an officer or a protective services officer, it is lawful for the person to retain all items of equipment, gear or accoutrements issued to the person as an officer or a protective services officer, except such items as the person is directed in writing by the commissioner to surrender.\nIf the commissioner gives such a direction, the commissioner may specify therein a date by which the items are to be surrendered and the person to whom the direction is given is to comply with the direction.\nThe person must comply with a direction given to the person under subsection (1) .\nMaximum penalty—100 penalty units.\ns 10.13 amd 1993 No. 77 s 2 sch 1 ; 2022 No. 9 s 38 ; 2023 No. 7 s 47\n(sec.10.13-ssec.1) Upon a person ceasing to be an officer or a protective services officer, it is lawful for the person to retain all items of equipment, gear or accoutrements issued to the person as an officer or a protective services officer, except such items as the person is directed in writing by the commissioner to surrender.\n(sec.10.13-ssec.1A) If the commissioner gives such a direction, the commissioner may specify therein a date by which the items are to be surrendered and the person to whom the direction is given is to comply with the direction.\n(sec.10.13-ssec.2) The person must comply with a direction given to the person under subsection (1) . Maximum penalty—100 penalty units.","sortOrder":280},{"sectionNumber":"sec.10.14","sectionType":"section","heading":null,"content":"### Section sec.10.14\n\ns 10.14 amd 1993 No. 77 s 2 sch 1\nom 2023 No. 7 s 48","sortOrder":281},{"sectionNumber":"sec.10.15","sectionType":"section","heading":null,"content":"### Section sec.10.15\n\ns 10.15 amd 1993 No. 77 s 2 sch 1\nom 2000 No. 5 s 461 sch 3 (amd 2000 No. 22 s 28 (6) )","sortOrder":282},{"sectionNumber":"sec.10.16","sectionType":"section","heading":"Charges for police services","content":"### sec.10.16 Charges for police services\n\nA person for whom prescribed police services are provided is liable for payment to the commissioner of charges for those services in an amount determined by the commissioner.\nCharges for provision of prescribed police services may be declared by regulation in which event the commissioner is not entitled to payment for the provision of particular services of any amount in excess of the charge so declared for the time being in relation to services of that description.\nIn a proceeding for the recovery of a service charge for the provision of a prescribed police service, a certificate purporting to be signed by the commissioner and stating that a specified amount is payable to the commissioner by a specified person for a specified police service is evidence of the matter stated.\ns 10.16 amd 1993 No. 77 s 2 sch 1\n(sec.10.16-ssec.1) A person for whom prescribed police services are provided is liable for payment to the commissioner of charges for those services in an amount determined by the commissioner.\n(sec.10.16-ssec.2) Charges for provision of prescribed police services may be declared by regulation in which event the commissioner is not entitled to payment for the provision of particular services of any amount in excess of the charge so declared for the time being in relation to services of that description.\n(sec.10.16-ssec.3) In a proceeding for the recovery of a service charge for the provision of a prescribed police service, a certificate purporting to be signed by the commissioner and stating that a specified amount is payable to the commissioner by a specified person for a specified police service is evidence of the matter stated.","sortOrder":283},{"sectionNumber":"sec.10.17","sectionType":"section","heading":"Exemption from tolls","content":"### sec.10.17 Exemption from tolls\n\nOfficers who are engaged in the actual performance of duty as officers are exempt from liability for payment of any toll, levy or other charge whatsoever upon—\npassing through or over any tollgate, turnpike or road;\ncrossing any bridge;\nusing any ferry;\nnotwithstanding any other Act or law.\nThe exemption prescribed by subsection (1) extends to—\nall prisoners under the officers’ charge;\nall vehicles, vessels, carriages or horses used on the occasion in question solely for carrying officers, their prisoners and baggage;\na return journey to the officers’ operational base undertaken as soon as practicable after the actual performance of duty that has taken the officers away from such base.\nA person engaged in the collection of tolls, levies or other charges who has reasonable grounds for believing that an exemption from payment thereof exists under subsection (1) or (2) and who receives payment in disregard of such exemption commits an offence against this Act.\nMaximum penalty—4 penalty units.\n(sec.10.17-ssec.1) Officers who are engaged in the actual performance of duty as officers are exempt from liability for payment of any toll, levy or other charge whatsoever upon— passing through or over any tollgate, turnpike or road; crossing any bridge; using any ferry; notwithstanding any other Act or law.\n(sec.10.17-ssec.2) The exemption prescribed by subsection (1) extends to— all prisoners under the officers’ charge; all vehicles, vessels, carriages or horses used on the occasion in question solely for carrying officers, their prisoners and baggage; a return journey to the officers’ operational base undertaken as soon as practicable after the actual performance of duty that has taken the officers away from such base.\n(sec.10.17-ssec.3) A person engaged in the collection of tolls, levies or other charges who has reasonable grounds for believing that an exemption from payment thereof exists under subsection (1) or (2) and who receives payment in disregard of such exemption commits an offence against this Act. Maximum penalty—4 penalty units.\n- (a) passing through or over any tollgate, turnpike or road;\n- (b) crossing any bridge;\n- (c) using any ferry;\n- (a) all prisoners under the officers’ charge;\n- (b) all vehicles, vessels, carriages or horses used on the occasion in question solely for carrying officers, their prisoners and baggage;\n- (c) a return journey to the officers’ operational base undertaken as soon as practicable after the actual performance of duty that has taken the officers away from such base.","sortOrder":284},{"sectionNumber":"sec.10.18","sectionType":"section","heading":"Prohibited use of words suggesting association with police","content":"### sec.10.18 Prohibited use of words suggesting association with police\n\nExcept with the commissioner’s consent thereto first obtained, a body or association of persons (whether incorporated or not) must not—\nhave a prescribed expression as, or as part of, its name;\nuse a prescribed expression in conjunction with its name, in any context.\nExcept with the commissioner’s consent thereto first obtained, a person must not—\nhave a prescribed expression as, or as part of, a name under which the person conducts business;\nuse a prescribed expression in conjunction with a name under which the person conducts business, in any context.\nIn this section a prescribed expression is any of the following—\ncommissioner of police;\ncommissioner of the police service;\nmember of the police service;\npolice;\npolice force;\npolice officer;\nany expression that resembles any of the expressions mentioned in paragraphs (a) to (f) , or that includes words taken from 2 or more of the expressions.\nA person who contravenes, or is taken to have contravened subsection (1) or (2) commits an offence against this Act.\nMaximum penalty—100 penalty units.\nIf a contravention of subsection (1) occurs each member of the governing body of the body or association concerned is taken to have committed the contravention and is liable to the prescribed penalty for an offence against this Act.\n(sec.10.18-ssec.1) Except with the commissioner’s consent thereto first obtained, a body or association of persons (whether incorporated or not) must not— have a prescribed expression as, or as part of, its name; use a prescribed expression in conjunction with its name, in any context.\n(sec.10.18-ssec.2) Except with the commissioner’s consent thereto first obtained, a person must not— have a prescribed expression as, or as part of, a name under which the person conducts business; use a prescribed expression in conjunction with a name under which the person conducts business, in any context.\n(sec.10.18-ssec.3) In this section a prescribed expression is any of the following— commissioner of police; commissioner of the police service; member of the police service; police; police force; police officer; any expression that resembles any of the expressions mentioned in paragraphs (a) to (f) , or that includes words taken from 2 or more of the expressions.\n(sec.10.18-ssec.4) A person who contravenes, or is taken to have contravened subsection (1) or (2) commits an offence against this Act. Maximum penalty—100 penalty units.\n(sec.10.18-ssec.5) If a contravention of subsection (1) occurs each member of the governing body of the body or association concerned is taken to have committed the contravention and is liable to the prescribed penalty for an offence against this Act.\n- (a) have a prescribed expression as, or as part of, its name;\n- (b) use a prescribed expression in conjunction with its name, in any context.\n- (a) have a prescribed expression as, or as part of, a name under which the person conducts business;\n- (b) use a prescribed expression in conjunction with a name under which the person conducts business, in any context.\n- (a) commissioner of police;\n- (b) commissioner of the police service;\n- (c) member of the police service;\n- (d) police;\n- (e) police force;\n- (f) police officer;\n- (g) any expression that resembles any of the expressions mentioned in paragraphs (a) to (f) , or that includes words taken from 2 or more of the expressions.","sortOrder":285},{"sectionNumber":"sec.10.19","sectionType":"section","heading":"Offences relating to police officers","content":"### sec.10.19 Offences relating to police officers\n\nA person—\nwho has in possession—\na document of a confidential nature brought into existence for the purposes of the police service; or\nanything (animate or inanimate) appropriated to the use of the police service; or\nanything (animate or inanimate) on issue to an officer or to a person who was an officer;\nunless the person has a lawful excuse for such possession; or\nwho assumes the name of an officer with intent to mislead; or\nwho, being other than an officer lawfully entitled to do so—\nassumes the designation or description of an officer or of a class of officer; or\nwears the uniform of an officer, or a colourable imitation thereof;\nexcept in either such case—\nwith the consent of the commissioner; or\nfor the purposes of a theatrical, circus or similar entertainment; or\nfor the purposes of a ball, carnival or similar occasion for wearing fancy dress; or\nwho, being other than an officer lawfully entitled to do so, for the purposes of, or in connection with, any business, occupation or employment—\nassumes or uses the designation ‘detective’, ‘private detective’ or other designation that includes the word ‘detective’ or the name, designation, rank or description of any officer or any class of officer; or\nbeing a person who was an officer, or a member of the police force, uses the designation, rank or description that was the person’s while an officer or such a member; or\nwho is found on, or having just left, any place appropriated to the use of, or used for the time being by, the police service, unless the person has a lawful excuse for being or having been in or on that place;\ncommits an offence against this Act.\nMaximum penalty—100 penalty units.\ns 10.19 amd 1993 No. 77 s 2 sch 1 ; 2003 No. 19 s 3 sch ; 2022 No. 9 s 39 ; 2023 No. 7 s 49\n- (a) who has in possession— (i) a document of a confidential nature brought into existence for the purposes of the police service; or (ii) anything (animate or inanimate) appropriated to the use of the police service; or (iii) anything (animate or inanimate) on issue to an officer or to a person who was an officer; unless the person has a lawful excuse for such possession; or\n- (i) a document of a confidential nature brought into existence for the purposes of the police service; or\n- (ii) anything (animate or inanimate) appropriated to the use of the police service; or\n- (iii) anything (animate or inanimate) on issue to an officer or to a person who was an officer;\n- (b) who assumes the name of an officer with intent to mislead; or\n- (c) who, being other than an officer lawfully entitled to do so— (i) assumes the designation or description of an officer or of a class of officer; or (ii) wears the uniform of an officer, or a colourable imitation thereof; except in either such case— (iii) with the consent of the commissioner; or (iv) for the purposes of a theatrical, circus or similar entertainment; or (v) for the purposes of a ball, carnival or similar occasion for wearing fancy dress; or\n- (i) assumes the designation or description of an officer or of a class of officer; or\n- (ii) wears the uniform of an officer, or a colourable imitation thereof;\n- (iii) with the consent of the commissioner; or\n- (iv) for the purposes of a theatrical, circus or similar entertainment; or\n- (v) for the purposes of a ball, carnival or similar occasion for wearing fancy dress; or\n- (d) who, being other than an officer lawfully entitled to do so, for the purposes of, or in connection with, any business, occupation or employment— (i) assumes or uses the designation ‘detective’, ‘private detective’ or other designation that includes the word ‘detective’ or the name, designation, rank or description of any officer or any class of officer; or (ii) being a person who was an officer, or a member of the police force, uses the designation, rank or description that was the person’s while an officer or such a member; or\n- (i) assumes or uses the designation ‘detective’, ‘private detective’ or other designation that includes the word ‘detective’ or the name, designation, rank or description of any officer or any class of officer; or\n- (ii) being a person who was an officer, or a member of the police force, uses the designation, rank or description that was the person’s while an officer or such a member; or\n- (e) who is found on, or having just left, any place appropriated to the use of, or used for the time being by, the police service, unless the person has a lawful excuse for being or having been in or on that place;\n- (i) a document of a confidential nature brought into existence for the purposes of the police service; or\n- (ii) anything (animate or inanimate) appropriated to the use of the police service; or\n- (iii) anything (animate or inanimate) on issue to an officer or to a person who was an officer;\n- (i) assumes the designation or description of an officer or of a class of officer; or\n- (ii) wears the uniform of an officer, or a colourable imitation thereof;\n- (iii) with the consent of the commissioner; or\n- (iv) for the purposes of a theatrical, circus or similar entertainment; or\n- (v) for the purposes of a ball, carnival or similar occasion for wearing fancy dress; or\n- (i) assumes or uses the designation ‘detective’, ‘private detective’ or other designation that includes the word ‘detective’ or the name, designation, rank or description of any officer or any class of officer; or\n- (ii) being a person who was an officer, or a member of the police force, uses the designation, rank or description that was the person’s while an officer or such a member; or","sortOrder":286},{"sectionNumber":"sec.10.20","sectionType":"section","heading":"Bribery or corruption of officers or staff members","content":"### sec.10.20 Bribery or corruption of officers or staff members\n\nA person who corruptly gives to, confers on, or procures for any officer or staff member property or a benefit of any kind, or offers, promises or agrees to do so with a view to—\nthe officer or staff member neglecting the officer’s or member’s duty; or\ninfluencing the officer or staff member in performance of the officer’s or member’s duty or exercise of the officer’s powers; or\nthe officer or staff member using or taking advantage of the officer’s or member’s position in the police service to facilitate commission of an offence, or to provide the person with any information, service or advantage whether or not the person would otherwise be entitled thereto;\ncommits an offence against this Act.\nMaximum penalty—100 penalty units.\nLiability of a person to be dealt with for an offence under subsection (1) does not affect the person’s liability to be dealt with under the Criminal Code for an offence defined therein, which is constituted by the person’s conduct.\nHowever, the person is not to be dealt with under both subsection (1) and the Criminal Code in respect of the same conduct.\ns 10.20 amd 1993 No. 77 s 2 sch 1\n(sec.10.20-ssec.1) A person who corruptly gives to, confers on, or procures for any officer or staff member property or a benefit of any kind, or offers, promises or agrees to do so with a view to— the officer or staff member neglecting the officer’s or member’s duty; or influencing the officer or staff member in performance of the officer’s or member’s duty or exercise of the officer’s powers; or the officer or staff member using or taking advantage of the officer’s or member’s position in the police service to facilitate commission of an offence, or to provide the person with any information, service or advantage whether or not the person would otherwise be entitled thereto; commits an offence against this Act. Maximum penalty—100 penalty units.\n(sec.10.20-ssec.2) Liability of a person to be dealt with for an offence under subsection (1) does not affect the person’s liability to be dealt with under the Criminal Code for an offence defined therein, which is constituted by the person’s conduct.\n(sec.10.20-ssec.3) However, the person is not to be dealt with under both subsection (1) and the Criminal Code in respect of the same conduct. s 10.20 amd 1993 No. 77 s 2 sch 1\n- (a) the officer or staff member neglecting the officer’s or member’s duty; or\n- (b) influencing the officer or staff member in performance of the officer’s or member’s duty or exercise of the officer’s powers; or\n- (c) the officer or staff member using or taking advantage of the officer’s or member’s position in the police service to facilitate commission of an offence, or to provide the person with any information, service or advantage whether or not the person would otherwise be entitled thereto;","sortOrder":287},{"sectionNumber":"sec.10.20A","sectionType":"section","heading":null,"content":"### Section sec.10.20A\n\ns 10.20A ins 1993 No. 77 s 2 sch 1\nom 1997 No. 67 s 139 sch 2","sortOrder":288},{"sectionNumber":"sec.10.21","sectionType":"section","heading":"False representation causing police investigations","content":"### sec.10.21 False representation causing police investigations\n\nA person who by conduct, by statements (oral or written), or by conduct and statements (oral or written), falsely and with knowledge of the falsity represents that an action has been done or circumstances exist, which action or circumstances, as represented, is or are such as reasonably calls, or call, for investigation by an officer commits an offence against this Act.\nMaximum penalty—100 penalty units.\nIf statements alleged to have been made by a person relate to the conduct of an officer the person can not be convicted in respect thereof on the uncorroborated evidence of an officer, or of officers.\nA court by which a person has been found guilty, or before which a person has pleaded guilty, of an offence defined in subsection (1) , whether or not it imposes a penalty in respect thereof, may order the person to pay to the Crown a reasonable sum for the expenses of or incidental to any investigation made by an officer as a result of the false representation.\nThis section does not apply to a representation relating to an offence, or the circumstances of an offence that has actually been committed.\n(sec.10.21-ssec.1) A person who by conduct, by statements (oral or written), or by conduct and statements (oral or written), falsely and with knowledge of the falsity represents that an action has been done or circumstances exist, which action or circumstances, as represented, is or are such as reasonably calls, or call, for investigation by an officer commits an offence against this Act. Maximum penalty—100 penalty units.\n(sec.10.21-ssec.2) If statements alleged to have been made by a person relate to the conduct of an officer the person can not be convicted in respect thereof on the uncorroborated evidence of an officer, or of officers.\n(sec.10.21-ssec.3) A court by which a person has been found guilty, or before which a person has pleaded guilty, of an offence defined in subsection (1) , whether or not it imposes a penalty in respect thereof, may order the person to pay to the Crown a reasonable sum for the expenses of or incidental to any investigation made by an officer as a result of the false representation.\n(sec.10.21-ssec.4) This section does not apply to a representation relating to an offence, or the circumstances of an offence that has actually been committed.","sortOrder":289},{"sectionNumber":"sec.10.21A","sectionType":"section","heading":"Unlawful possession of prescribed articles","content":"### sec.10.21A Unlawful possession of prescribed articles\n\nA person must not unlawfully possess a prescribed article.\nMaximum penalty—40 penalty units.\nA person must not unlawfully supply to someone else a prescribed article that is evidence of the commission of an offence.\nMaximum penalty—40 penalty units.\nSubsection (2) does not prevent a person supplying a print, an audio recording, or a transcript of an audio or video recording, to a person charged with an offence of which the article is evidence or the person’s lawyer, for the purpose of enabling the person to defend the charge.\nA person must not possess a print, an audio recording, or a transcript of an audio or video recording supplied under subsection (3) after the time allowed for any appeal against a conviction for an offence of which the relevant article is evidence ends, unless the article is kept as part of court records or the records of a lawyer acting for the person charged with the offence.\nMaximum penalty—40 penalty units.\nIn this section—\nprescribed article means any of the following that is the property of the commissioner—\na print;\na video recording;\na transcript of an audio or video recording.\ns 10.21A ins 1998 No. 19 s 13\n(sec.10.21A-ssec.1) A person must not unlawfully possess a prescribed article. Maximum penalty—40 penalty units.\n(sec.10.21A-ssec.2) A person must not unlawfully supply to someone else a prescribed article that is evidence of the commission of an offence. Maximum penalty—40 penalty units.\n(sec.10.21A-ssec.3) Subsection (2) does not prevent a person supplying a print, an audio recording, or a transcript of an audio or video recording, to a person charged with an offence of which the article is evidence or the person’s lawyer, for the purpose of enabling the person to defend the charge.\n(sec.10.21A-ssec.4) A person must not possess a print, an audio recording, or a transcript of an audio or video recording supplied under subsection (3) after the time allowed for any appeal against a conviction for an offence of which the relevant article is evidence ends, unless the article is kept as part of court records or the records of a lawyer acting for the person charged with the offence. Maximum penalty—40 penalty units.\n(sec.10.21A-ssec.5) In this section— prescribed article means any of the following that is the property of the commissioner— a print; a video recording; a transcript of an audio or video recording. s 10.21A ins 1998 No. 19 s 13\n- (a) a print;\n- (b) a video recording;\n- (c) a transcript of an audio or video recording.","sortOrder":290},{"sectionNumber":"sec.10.21B","sectionType":"section","heading":"Unlawfully killing or injuring police dog or police horse","content":"### sec.10.21B Unlawfully killing or injuring police dog or police horse\n\nA person must not unlawfully—\nkill, maim, wound or otherwise injure a police dog or police horse; or\nattempt to kill, maim, wound or otherwise injure a police dog or police horse.\nMaximum penalty—40 penalty units or 2 years imprisonment.\nA court that finds a person guilty of an offence against subsection (1) may, in addition to any penalty that may be imposed, order the person to pay to the commissioner a reasonable amount for—\nthe treatment, care, rehabilitation and retraining of the police dog or police horse concerned; or\nif it is necessary to replace the police dog or police horse—buying and training its replacement.\ns 10.21B ins 1998 No. 19 s 13\namd 2001 No. 64 s 231 (2) – (3) ; 2021 No. 24 s 48 ; 2023 No. 7 s 68 s ch 1 pt 1\n(sec.10.21B-ssec.1) A person must not unlawfully— kill, maim, wound or otherwise injure a police dog or police horse; or attempt to kill, maim, wound or otherwise injure a police dog or police horse. Maximum penalty—40 penalty units or 2 years imprisonment.\n(sec.10.21B-ssec.2) A court that finds a person guilty of an offence against subsection (1) may, in addition to any penalty that may be imposed, order the person to pay to the commissioner a reasonable amount for— the treatment, care, rehabilitation and retraining of the police dog or police horse concerned; or if it is necessary to replace the police dog or police horse—buying and training its replacement. s 10.21B ins 1998 No. 19 s 13 amd 2001 No. 64 s 231 (2) – (3) ; 2021 No. 24 s 48 ; 2023 No. 7 s 68 s ch 1 pt 1\n- (a) kill, maim, wound or otherwise injure a police dog or police horse; or\n- (b) attempt to kill, maim, wound or otherwise injure a police dog or police horse.\n- (a) the treatment, care, rehabilitation and retraining of the police dog or police horse concerned; or\n- (b) if it is necessary to replace the police dog or police horse—buying and training its replacement.","sortOrder":291},{"sectionNumber":"sec.10.21BA","sectionType":"section","heading":"Wilfully and unlawfully killing or seriously injuring police dog or police horse","content":"### sec.10.21BA Wilfully and unlawfully killing or seriously injuring police dog or police horse\n\nA person must not wilfully and unlawfully kill or cause serious injury to a police dog or police horse—\nthat is being used by a police officer in the performance of the officer’s duties; or\nbecause of, or in retaliation for, its use by a police officer in the performance of the officer’s duties.\nMaximum penalty—5 years imprisonment.\nA person must not attempt to commit an offence against subsection (1) .\nMaximum penalty—5 years imprisonment.\nAn offence against subsection (1) or (2) is a crime.\nA court that finds a person guilty of an offence against subsection (1) or (2) may, in addition to any penalty that may be imposed, order the person to pay to the commissioner a reasonable amount for—\nthe treatment, care, rehabilitation and retraining of the police dog or police horse concerned; or\nif it is necessary to replace the police dog or police horse—buying and training its replacement.\nIn this section—\nserious injury see the Criminal Code , section 242 (3) .\ns 10.21BA ins 2021 No. 24 s 49\n(sec.10.21BA-ssec.1) A person must not wilfully and unlawfully kill or cause serious injury to a police dog or police horse— that is being used by a police officer in the performance of the officer’s duties; or because of, or in retaliation for, its use by a police officer in the performance of the officer’s duties. Maximum penalty—5 years imprisonment.\n(sec.10.21BA-ssec.2) A person must not attempt to commit an offence against subsection (1) . Maximum penalty—5 years imprisonment.\n(sec.10.21BA-ssec.3) An offence against subsection (1) or (2) is a crime.\n(sec.10.21BA-ssec.4) A court that finds a person guilty of an offence against subsection (1) or (2) may, in addition to any penalty that may be imposed, order the person to pay to the commissioner a reasonable amount for— the treatment, care, rehabilitation and retraining of the police dog or police horse concerned; or if it is necessary to replace the police dog or police horse—buying and training its replacement.\n(sec.10.21BA-ssec.5) In this section— serious injury see the Criminal Code , section 242 (3) .\n- (a) that is being used by a police officer in the performance of the officer’s duties; or\n- (b) because of, or in retaliation for, its use by a police officer in the performance of the officer’s duties.\n- (a) the treatment, care, rehabilitation and retraining of the police dog or police horse concerned; or\n- (b) if it is necessary to replace the police dog or police horse—buying and training its replacement.","sortOrder":292},{"sectionNumber":"sec.10.21C","sectionType":"section","heading":"Local laws do not apply in relation to police dogs or police horses etc.","content":"### sec.10.21C Local laws do not apply in relation to police dogs or police horses etc.\n\nA local law does not apply in relation to—\na police dog or police horse; or\na police dog handler in connection with the keeping, maintenance or use of any police dog for discharging a function under this Act; or\nan officer in connection with the keeping, maintenance or use of any police horse for discharging a function under this Act.\ns 10.21C ins 2000 No. 5 s 461 sch 3\namd 2003 No. 19 s 3 sch ; 2023 No. 7 s 68 s ch 1 pt 1\n- (a) a police dog or police horse; or\n- (b) a police dog handler in connection with the keeping, maintenance or use of any police dog for discharging a function under this Act; or\n- (c) an officer in connection with the keeping, maintenance or use of any police horse for discharging a function under this Act.","sortOrder":293},{"sectionNumber":"sec.10.22","sectionType":"section","heading":"Impersonating protective services officer","content":"### sec.10.22 Impersonating protective services officer\n\nA person must not impersonate a protective services officer.\nMaximum penalty—100 penalty units.\ns 10.22 prev s 10.22 amd 1993 No. 77 s 2 sch 1 ; 1998 No. 19 s 14\nom 2000 No. 5 s 461 sch 3\npres s 10.22 ins 2022 No. 9 s 40","sortOrder":294},{"sectionNumber":"sec.10.23","sectionType":"section","heading":"Proceedings for offences—general","content":"### sec.10.23 Proceedings for offences—general\n\nSubject to section 10 .23A, proceedings for prosecution in respect of an offence against this Act are to be taken in a summary manner under the Justices Act 1886 on the complaint of any officer.\nAn allegation or statement in a complaint that the complainant is an officer is sufficient proof of the matter alleged or stated in the absence of evidence to the contrary.\nA proceeding for an offence against this Act, other than section 10 .1 or 10.21BA, must start within the later of the following periods to end—\n1 year after the commission of the offence;\n1 month after the offence comes to the complainant’s knowledge.\nA proceeding for an offence against section 10 .1 must start within the later of the following periods to end—\n1 year after the commission of the offence;\n6 months after the offence comes to the complainant’s knowledge.\ns 10.23 amd 1993 No. 77 s 2 sch 1 ; 2000 No. 5 s 461 sch 3 ; 2021 No. 24 s 50 ; 2022 No. 9 s 41 ; 2023 No. 7 s 50\n(sec.10.23-ssec.1) Subject to section 10 .23A, proceedings for prosecution in respect of an offence against this Act are to be taken in a summary manner under the Justices Act 1886 on the complaint of any officer.\n(sec.10.23-ssec.2) An allegation or statement in a complaint that the complainant is an officer is sufficient proof of the matter alleged or stated in the absence of evidence to the contrary.\n(sec.10.23-ssec.3) A proceeding for an offence against this Act, other than section 10 .1 or 10.21BA, must start within the later of the following periods to end— 1 year after the commission of the offence; 1 month after the offence comes to the complainant’s knowledge.\n(sec.10.23-ssec.4) A proceeding for an offence against section 10 .1 must start within the later of the following periods to end— 1 year after the commission of the offence; 6 months after the offence comes to the complainant’s knowledge.\n- (a) 1 year after the commission of the offence;\n- (b) 1 month after the offence comes to the complainant’s knowledge.\n- (a) 1 year after the commission of the offence;\n- (b) 6 months after the offence comes to the complainant’s knowledge.","sortOrder":295},{"sectionNumber":"sec.10.23A","sectionType":"section","heading":"Proceeding for offence against s 10 .21BA","content":"### sec.10.23A Proceeding for offence against s 10 .21BA\n\nA charge of an offence against section 10 .21BA must be heard and decided summarily if the prosecution elects to have the offence heard and decided summarily.\nA Magistrates Court that summarily deals with the charge for the offence—\nmust be constituted by a magistrate; and\nhas jurisdiction despite the time that has elapsed from the time when the matter of complaint of the charge arose; and\nmay hear and decide the charge at any place appointed for holding a Magistrates Court within the district in which the accused person was arrested on the charge or served with the summons for the charge under the Justices Act 1886 .\nHowever, a Magistrates Court must abstain from dealing summarily with the charge if satisfied, on an application made by the prosecution and the defence, that because of the nature or seriousness of the offence or any other relevant consideration the defendant, if convicted, may not be adequately punished on summary conviction.\nIf the Magistrates Court abstains from jurisdiction—\nthe court must stop treating the proceeding as a proceeding to hear and decide the charge summarily; and\nthe proceeding for the charge must be conducted as a committal proceeding; and\na plea of the defendant at the start of the hearing must be disregarded; and\nthe evidence already heard by the court is taken to be evidence in the committal proceeding; and\nthe Justices Act 1886 , section 104 must be complied with for the committal proceeding.\ns 10.23A ins 2021 No. 24 s 51\n(sec.10.23A-ssec.1) A charge of an offence against section 10 .21BA must be heard and decided summarily if the prosecution elects to have the offence heard and decided summarily.\n(sec.10.23A-ssec.2) A Magistrates Court that summarily deals with the charge for the offence— must be constituted by a magistrate; and has jurisdiction despite the time that has elapsed from the time when the matter of complaint of the charge arose; and may hear and decide the charge at any place appointed for holding a Magistrates Court within the district in which the accused person was arrested on the charge or served with the summons for the charge under the Justices Act 1886 .\n(sec.10.23A-ssec.3) However, a Magistrates Court must abstain from dealing summarily with the charge if satisfied, on an application made by the prosecution and the defence, that because of the nature or seriousness of the offence or any other relevant consideration the defendant, if convicted, may not be adequately punished on summary conviction.\n(sec.10.23A-ssec.4) If the Magistrates Court abstains from jurisdiction— the court must stop treating the proceeding as a proceeding to hear and decide the charge summarily; and the proceeding for the charge must be conducted as a committal proceeding; and a plea of the defendant at the start of the hearing must be disregarded; and the evidence already heard by the court is taken to be evidence in the committal proceeding; and the Justices Act 1886 , section 104 must be complied with for the committal proceeding.\n- (a) must be constituted by a magistrate; and\n- (b) has jurisdiction despite the time that has elapsed from the time when the matter of complaint of the charge arose; and\n- (c) may hear and decide the charge at any place appointed for holding a Magistrates Court within the district in which the accused person was arrested on the charge or served with the summons for the charge under the Justices Act 1886 .\n- (a) the court must stop treating the proceeding as a proceeding to hear and decide the charge summarily; and\n- (b) the proceeding for the charge must be conducted as a committal proceeding; and\n- (c) a plea of the defendant at the start of the hearing must be disregarded; and\n- (d) the evidence already heard by the court is taken to be evidence in the committal proceeding; and\n- (e) the Justices Act 1886 , section 104 must be complied with for the committal proceeding.","sortOrder":296},{"sectionNumber":"sec.10.23B","sectionType":"section","heading":"Maximum penalty for offence against s 10 .21BA dealt with summarily","content":"### sec.10.23B Maximum penalty for offence against s 10 .21BA dealt with summarily\n\nThe maximum penalty that may be imposed on a summary conviction for an offence against section 10 .23A is—\nif the Magistrates Court is a court constituted by a magistrate imposing a drug and alcohol treatment order under the Penalties and Sentences Act 1992 , part 8A —100 penalty units or 4 years imprisonment; or\notherwise—100 penalty units or 3 years imprisonment.\ns 10.23B ins 2021 No. 24 s 51\n- (a) if the Magistrates Court is a court constituted by a magistrate imposing a drug and alcohol treatment order under the Penalties and Sentences Act 1992 , part 8A —100 penalty units or 4 years imprisonment; or\n- (b) otherwise—100 penalty units or 3 years imprisonment.","sortOrder":297},{"sectionNumber":"sec.10.23C","sectionType":"section","heading":"Appeal against decision to decide charge against s 10 .21BA summarily","content":"### sec.10.23C Appeal against decision to decide charge against s 10 .21BA summarily\n\nThis section applies if a person is summarily convicted or sentenced for an offence against section 10 .21BA.\nThe grounds on which the person may appeal include that the Magistrates Court erred by deciding the conviction or sentence summarily.\nThe grounds on which the Attorney-General may appeal against the sentence include that the Magistrates Court erred by deciding the sentence summarily.\nOn an appeal against the sentence relying on a ground that the Magistrates Court erred by proceeding summarily, the court deciding the appeal may, if it decides to vary the sentence, impose the sentence the court considers appropriate up to the maximum sentence that could have been imposed if the matter had been dealt with on indictment.\ns 10.23C ins 2021 No. 24 s 51\n(sec.10.23C-ssec.1) This section applies if a person is summarily convicted or sentenced for an offence against section 10 .21BA.\n(sec.10.23C-ssec.2) The grounds on which the person may appeal include that the Magistrates Court erred by deciding the conviction or sentence summarily.\n(sec.10.23C-ssec.3) The grounds on which the Attorney-General may appeal against the sentence include that the Magistrates Court erred by deciding the sentence summarily.\n(sec.10.23C-ssec.4) On an appeal against the sentence relying on a ground that the Magistrates Court erred by proceeding summarily, the court deciding the appeal may, if it decides to vary the sentence, impose the sentence the court considers appropriate up to the maximum sentence that could have been imposed if the matter had been dealt with on indictment.","sortOrder":298},{"sectionNumber":"sec.10.24","sectionType":"section","heading":"Representation in court","content":"### sec.10.24 Representation in court\n\nAny officer or service legal officer may appear for and represent an officer involved in any of the following proceedings in a Magistrates Court or a Childrens Court—\na proceeding for an application made by an officer in the performance of duty under any Act;\na proceeding in which an officer is involved in the performance of duty otherwise than only as a witness;\na proceeding in which the commissioner is involved or of which the commissioner or another officer is required to be given notice.\nan application for a post-search approval order under the Police Powers and Responsibilities Act 2000\nAlso, any officer or service legal officer may appear and act for the prosecution in a proceeding—\nin a Magistrates Court or the Childrens Court for a charge of an offence, even though the officer is not the informant or complainant; or\nin a Magistrates Court, brought by a fire officer under the Disaster Management Act 2003 or a fire service officer under the Fire Services Act 1990 , for an offence against the Act under which the prosecution is brought.\nIn this section—\nfire officer see the Disaster Management Act 2003 , schedule.\nservice legal officer means a government legal officer, within the meaning of the Legal Profession Act 2007 , who is a staff member.\ns 10.24 amd 1993 No. 77 s 2 sch 1\nsub 2000 No. 5 s 461 sch 3\namd 2005 No. 17 s 32 ; 2007 No. 24 s 770 sch 1 ; 2014 No. 17 s 142 ; 2016 No. 43 s 22 ; 2024 No. 22 s 92 sch 1\n(sec.10.24-ssec.1) Any officer or service legal officer may appear for and represent an officer involved in any of the following proceedings in a Magistrates Court or a Childrens Court— a proceeding for an application made by an officer in the performance of duty under any Act; a proceeding in which an officer is involved in the performance of duty otherwise than only as a witness; a proceeding in which the commissioner is involved or of which the commissioner or another officer is required to be given notice. an application for a post-search approval order under the Police Powers and Responsibilities Act 2000\n(sec.10.24-ssec.2) Also, any officer or service legal officer may appear and act for the prosecution in a proceeding— in a Magistrates Court or the Childrens Court for a charge of an offence, even though the officer is not the informant or complainant; or in a Magistrates Court, brought by a fire officer under the Disaster Management Act 2003 or a fire service officer under the Fire Services Act 1990 , for an offence against the Act under which the prosecution is brought.\n(sec.10.24-ssec.3) In this section— fire officer see the Disaster Management Act 2003 , schedule. service legal officer means a government legal officer, within the meaning of the Legal Profession Act 2007 , who is a staff member. s 10.24 amd 1993 No. 77 s 2 sch 1 sub 2000 No. 5 s 461 sch 3 amd 2005 No. 17 s 32 ; 2007 No. 24 s 770 sch 1 ; 2014 No. 17 s 142 ; 2016 No. 43 s 22 ; 2024 No. 22 s 92 sch 1\n- (a) a proceeding for an application made by an officer in the performance of duty under any Act;\n- (b) a proceeding in which an officer is involved in the performance of duty otherwise than only as a witness;\n- (c) a proceeding in which the commissioner is involved or of which the commissioner or another officer is required to be given notice.\n- (a) in a Magistrates Court or the Childrens Court for a charge of an offence, even though the officer is not the informant or complainant; or\n- (b) in a Magistrates Court, brought by a fire officer under the Disaster Management Act 2003 or a fire service officer under the Fire Services Act 1990 , for an offence against the Act under which the prosecution is brought.","sortOrder":299},{"sectionNumber":"sec.10.26","sectionType":"section","heading":null,"content":"### Section sec.10.26\n\ns 10.26 om 2023 No. 7 s 51","sortOrder":300},{"sectionNumber":"sec.10.27","sectionType":"section","heading":null,"content":"### Section sec.10.27\n\ns 10.27 om 2023 No. 7 s 51","sortOrder":301},{"sectionNumber":"sec.10.28","sectionType":"section","heading":"Regulation-making power","content":"### sec.10.28 Regulation-making power\n\nThe Governor in Council may make regulations for the purposes of this Act.\nA regulation may provide with respect to—\nmanagement and control of the affairs of the police service; and\nthe responsibilities of the commissioner; and\npowers, duties, entitlements, obligations and liabilities of officers and recruits; and\npowers and duties of staff members; and\nthe institution and conduct of appeals or reviews about appointments, disciplinary action or related action within the police service.\nThe regulations may prescribe with respect to any matter, other than duties, obligations or liabilities of members of the police service, by reference to—\ndeterminations or rulings to be made from time to time by the commissioner;\nstandards to be set or adopted from time to time by the commissioner.\nThe regulations may provide for offences against the regulations and in respect thereof impose a fine not exceeding 100 penalty units.\ns 10.28 (prev s 10.25) amd 1993 No. 77 s 2 sch 1\nrenum 1993 No. 77 s 2 sch 1\namd 2007 No. 1 s 32 sch 2 ; 2014 No. 17 s 143\n(sec.10.28-ssec.1) The Governor in Council may make regulations for the purposes of this Act.\n(sec.10.28-ssec.1A) A regulation may provide with respect to— management and control of the affairs of the police service; and the responsibilities of the commissioner; and powers, duties, entitlements, obligations and liabilities of officers and recruits; and powers and duties of staff members; and the institution and conduct of appeals or reviews about appointments, disciplinary action or related action within the police service.\n(sec.10.28-ssec.2) The regulations may prescribe with respect to any matter, other than duties, obligations or liabilities of members of the police service, by reference to— determinations or rulings to be made from time to time by the commissioner; standards to be set or adopted from time to time by the commissioner.\n(sec.10.28-ssec.3) The regulations may provide for offences against the regulations and in respect thereof impose a fine not exceeding 100 penalty units.\n- (a) management and control of the affairs of the police service; and\n- (b) the responsibilities of the commissioner; and\n- (c) powers, duties, entitlements, obligations and liabilities of officers and recruits; and\n- (d) powers and duties of staff members; and\n- (e) the institution and conduct of appeals or reviews about appointments, disciplinary action or related action within the police service.\n- (a) determinations or rulings to be made from time to time by the commissioner;\n- (b) standards to be set or adopted from time to time by the commissioner.","sortOrder":302},{"sectionNumber":"pt.11","sectionType":"part","heading":"Transitional, declaratory and validating provisions","content":"# Transitional, declaratory and validating provisions","sortOrder":303},{"sectionNumber":"pt.11-div.1","sectionType":"division","heading":"Transitional provisions for Police Service Administration Act 1990","content":"## Transitional provisions for Police Service Administration Act 1990","sortOrder":304},{"sectionNumber":"sec.11.1","sectionType":"section","heading":"Interpretation of certain references","content":"### sec.11.1 Interpretation of certain references\n\nA reference in any Act or document to—\nthe Police Force is taken to be a reference to the Police Service; and\nthe Commissioner of Police is taken to be a reference to the Commissioner of the Police Service; and\na member of the police force, a police officer or a constable is taken to be a reference to an officer; and\na member of the police force, a police officer or a constable holding a rank that does not exist in the Police Service, but did exist in the Police Force, is taken to be a reference to an officer holding a corresponding rank in the Police Service.\nA regulation may prescribe a rank in the Police Service to be a corresponding rank to a rank in the Police Force.\ns 11.1 sub 1993 No. 77 s 2 sch 1\namd 1994 No. 87 s 3 sch 2\n(sec.11.1-ssec.1) A reference in any Act or document to— the Police Force is taken to be a reference to the Police Service; and the Commissioner of Police is taken to be a reference to the Commissioner of the Police Service; and a member of the police force, a police officer or a constable is taken to be a reference to an officer; and a member of the police force, a police officer or a constable holding a rank that does not exist in the Police Service, but did exist in the Police Force, is taken to be a reference to an officer holding a corresponding rank in the Police Service.\n(sec.11.1-ssec.2) A regulation may prescribe a rank in the Police Service to be a corresponding rank to a rank in the Police Force.\n- (a) the Police Force is taken to be a reference to the Police Service; and\n- (b) the Commissioner of Police is taken to be a reference to the Commissioner of the Police Service; and\n- (c) a member of the police force, a police officer or a constable is taken to be a reference to an officer; and\n- (d) a member of the police force, a police officer or a constable holding a rank that does not exist in the Police Service, but did exist in the Police Force, is taken to be a reference to an officer holding a corresponding rank in the Police Service.","sortOrder":305},{"sectionNumber":"sec.11.2","sectionType":"section","heading":"References to repealed Act","content":"### sec.11.2 References to repealed Act\n\nA reference in an Act or document to the Police Act 1937 is taken to be a reference to this Act.\ns 11.2 prev s 11.2 om 1993 No. 77 s 2 sch 1\npres s 11.2 ins 1994 No. 87 s 3 sch 2","sortOrder":306},{"sectionNumber":"pt.11-div.2","sectionType":"division","heading":"Transitional provision to assist in interpretation","content":"## Transitional provision to assist in interpretation","sortOrder":307},{"sectionNumber":"sec.11.3","sectionType":"section","heading":"Relevant information","content":"### sec.11.3 Relevant information\n\nThe commissioner is taken always to have had power to inquire into a person’s criminal history and to take into account relevant information for deciding whether the person is suitable to be engaged, or to continue to be engaged, by the service.\ns 11.3 prev s 11.3 om 1993 No. 77 s 2 sch 1\npres s 11.3 ins 2003 No. 92 s 34","sortOrder":308},{"sectionNumber":"sec.11.4","sectionType":"section","heading":null,"content":"### Section sec.11.4\n\ns 11.4 ins 2003 No. 92 s 34\nom 2013 No. 39 s 109 sch 2","sortOrder":309},{"sectionNumber":"sec.11.5","sectionType":"section","heading":"Declaration about s 5.17","content":"### sec.11.5 Declaration about s 5.17\n\nTo remove doubt it is declared that section 5.17 of this Act is, and always has been, part of part 5 of this Act.\nAlso, in the first reprint under the Reprints Act 1992 of this Act as amended by the Police and Other Legislation Amendment Act 2005 , section 5.17 must be relocated to part 5.\ns 11.5 prev s 11.5 om 1993 No. 77 s 2 sch 1\npres s 11.5 ins 2005 No. 17 s 33\n(sec.11.5-ssec.1) To remove doubt it is declared that section 5.17 of this Act is, and always has been, part of part 5 of this Act.\n(sec.11.5-ssec.2) Also, in the first reprint under the Reprints Act 1992 of this Act as amended by the Police and Other Legislation Amendment Act 2005 , section 5.17 must be relocated to part 5.","sortOrder":310},{"sectionNumber":"pt.11-div.3","sectionType":"division","heading":null,"content":"","sortOrder":311},{"sectionNumber":"sec.11.6","sectionType":"section","heading":null,"content":"### Section sec.11.6\n\ns 11.6 orig s 11.6 om 1993 No. 77 s 2 sch 1\nprev s 11.6 ins 2008 No. 49 s 10\nom 2013 No. 39 s 109 sch 2","sortOrder":312},{"sectionNumber":"pt.11-div.4","sectionType":"division","heading":"Transitional and declaratory provisions for the Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector Ethics) Amendment Act 2009","content":"## Transitional and declaratory provisions for the Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector Ethics) Amendment Act 2009","sortOrder":313},{"sectionNumber":"sec.11.7","sectionType":"section","heading":null,"content":"### Section sec.11.7\n\ns 11.7 orig s 11.7 om 1993 No. 77 s 2 sch 1\nprev s 11.7 ins 2009 No. 25 s 42\nom 2013 No. 39 s 109 sch 2","sortOrder":314},{"sectionNumber":"sec.11.8","sectionType":"section","heading":"Former officer","content":"### sec.11.8 Former officer\n\nFor part 7A, a person is a former officer only if the person’s employment ends after the commencement of the part.\ns 11.8 prev s 11.8 om 1993 No. 77 s 2 sch 1\npres s 11.8 ins 2009 No. 25 s 42","sortOrder":315},{"sectionNumber":"pt.11-div.5","sectionType":"division","heading":"Transitional provisions for the State Penalties Enforcement and Other Legislation Amendment Act 2009","content":"## Transitional provisions for the State Penalties Enforcement and Other Legislation Amendment Act 2009","sortOrder":316},{"sectionNumber":"sec.11.9","sectionType":"section","heading":"Definition for div 5","content":"### sec.11.9 Definition for div 5\n\nIn this division—\ncommencement means the commencement of the State Penalties Enforcement and Other Legislation Amendment Act 2009 , chapter 3 .\ns 11.9 prev s 11.9 om 1993 No. 77 s 2 sch 1\npres s 11.9 ins 2009 No. 48 s 67","sortOrder":317},{"sectionNumber":"sec.11.10","sectionType":"section","heading":null,"content":"### Section sec.11.10\n\ns 11.10 orig s 11.10 om 1993 No. 77 s 2 sch 1\nprev s 11.10 ins 2009 No. 48 s 67\nom 2013 No. 39 s 109 sch 2","sortOrder":318},{"sectionNumber":"sec.11.11","sectionType":"section","heading":"Exchange of criminal history for child-related employment screening","content":"### sec.11.11 Exchange of criminal history for child-related employment screening\n\nTo remove any doubt, it is declared that for section 10.2S, definition criminal history , a reference to a charge against a person for an offence includes a charge for an offence alleged to have been committed by the person before the commencement.\ns 11.11 prev s 11.11 om 1993 No. 77 s 2 sch 1\npres s 11.11 ins 2009 No. 48 s 67","sortOrder":319},{"sectionNumber":"pt.11-div.6","sectionType":"division","heading":"Transitional provisions for Public Service and Other Legislation (Civil Liability) Amendment Act 2014","content":"## Transitional provisions for Public Service and Other Legislation (Civil Liability) Amendment Act 2014","sortOrder":320},{"sectionNumber":"sec.11.12","sectionType":"section","heading":"Definitions","content":"### sec.11.12 Definitions\n\nIn this division—\ncivil liability see new section 10.5(6).\ncommencement means the commencement of this section.\nconduct see new section 10.5(6).\nengage in conduct in an official capacity see new section 10.5(6).\nnew section 10.5 means section 10.5 as in force immediately after the commencement.\nprevious sections 10.5 and 10.6 means sections 10.5 and 10.6 as in force immediately before the commencement.\nvolunteer see new section 10.5(6).\ns 11.12 ins 2014 No. 2 s 14","sortOrder":321},{"sectionNumber":"sec.11.13","sectionType":"section","heading":"Application of ss 10.5 and 10.6 to acts and omissions before commencement","content":"### sec.11.13 Application of ss 10.5 and 10.6 to acts and omissions before commencement\n\nIf, immediately before the commencement, previous sections 10.5 and 10.6 applied to a tort committed, act done or omission made by an officer, staff member, recruit or volunteer before the commencement, those provisions as in force at the time the tort was committed, act was done or omission was made continue to apply in relation to the tort, act or omission.\nIf an officer, staff member, recruit or volunteer engaged in conduct in an official capacity after the commencement and the conduct is part of a course of conduct that also includes torts committed, acts done or omissions made before the commencement, new section 10.5 applies to all the conduct forming the course of conduct.\nSubsection (1) is subject to subsection (2).\ns 11.13 ins 2014 No. 2 s 14\n(sec.11.13-ssec.1) If, immediately before the commencement, previous sections 10.5 and 10.6 applied to a tort committed, act done or omission made by an officer, staff member, recruit or volunteer before the commencement, those provisions as in force at the time the tort was committed, act was done or omission was made continue to apply in relation to the tort, act or omission.\n(sec.11.13-ssec.2) If an officer, staff member, recruit or volunteer engaged in conduct in an official capacity after the commencement and the conduct is part of a course of conduct that also includes torts committed, acts done or omissions made before the commencement, new section 10.5 applies to all the conduct forming the course of conduct.\n(sec.11.13-ssec.3) Subsection (1) is subject to subsection (2).","sortOrder":322},{"sectionNumber":"sec.11.14","sectionType":"section","heading":"Relationship of s 10.5 if civil liability dealt with by another Act or provision of this Act","content":"### sec.11.14 Relationship of s 10.5 if civil liability dealt with by another Act or provision of this Act\n\nThis section applies if—\nanother Act, or another provision of this Act other than new section 10.5, states a person does not incur civil liability for conduct or the result of conduct (however expressed), including, for example, if the person acts honestly and without negligence; and\nthe result of the application of the other Act or other provision to conduct, or the result of conduct, engaged in by the person after the commencement is that the person would not be protected from civil liability under the other Act or other provision for the conduct or result; and\nthe person would not, under new section 10.5, incur civil liability for the conduct or the result of the conduct but the Crown would be liable in relation to the conduct or result.\nNew section 10.5 applies in relation to the conduct, or the result of the conduct, despite the other Act or other provision but does not limit the application of the other Act or other provision in relation to any other liability of the person.\ns 11.14 ins 2014 No. 2 s 14\n(sec.11.14-ssec.1) This section applies if— another Act, or another provision of this Act other than new section 10.5, states a person does not incur civil liability for conduct or the result of conduct (however expressed), including, for example, if the person acts honestly and without negligence; and the result of the application of the other Act or other provision to conduct, or the result of conduct, engaged in by the person after the commencement is that the person would not be protected from civil liability under the other Act or other provision for the conduct or result; and the person would not, under new section 10.5, incur civil liability for the conduct or the result of the conduct but the Crown would be liable in relation to the conduct or result.\n(sec.11.14-ssec.2) New section 10.5 applies in relation to the conduct, or the result of the conduct, despite the other Act or other provision but does not limit the application of the other Act or other provision in relation to any other liability of the person.\n- (a) another Act, or another provision of this Act other than new section 10.5, states a person does not incur civil liability for conduct or the result of conduct (however expressed), including, for example, if the person acts honestly and without negligence; and\n- (b) the result of the application of the other Act or other provision to conduct, or the result of conduct, engaged in by the person after the commencement is that the person would not be protected from civil liability under the other Act or other provision for the conduct or result; and\n- (c) the person would not, under new section 10.5, incur civil liability for the conduct or the result of the conduct but the Crown would be liable in relation to the conduct or result.","sortOrder":323},{"sectionNumber":"pt.11-div.7","sectionType":"division","heading":"Transitional provision for Public Safety Business Agency Act 2014","content":"## Transitional provision for Public Safety Business Agency Act 2014","sortOrder":324},{"sectionNumber":"sec.11.15","sectionType":"section","heading":"Application of pt 5AA to particular current employees","content":"### sec.11.15 Application of pt 5AA to particular current employees\n\nThis section applies in relation to a person who—\nimmediately before the commencement, was employed as a public service employee by the department known as the Public Safety Business Agency; and\nis a PSBA employee immediately after the commencement.\nThe relevant sections apply to or in relation to the person as if a requirement in the relevant sections for the person or the relevant CEO to do something before the person is engaged in the service were a reference to the person or relevant CEO being required to do the thing as soon as practicable after the commencement.\nIn this section—\ncommencement means the commencement of this section.\nrelevant section means sections 5AA.5(2) and 5AA.6(2).\ns 11.15 ins 2014 No. 17 s 144\n(sec.11.15-ssec.1) This section applies in relation to a person who— immediately before the commencement, was employed as a public service employee by the department known as the Public Safety Business Agency; and is a PSBA employee immediately after the commencement.\n(sec.11.15-ssec.2) The relevant sections apply to or in relation to the person as if a requirement in the relevant sections for the person or the relevant CEO to do something before the person is engaged in the service were a reference to the person or relevant CEO being required to do the thing as soon as practicable after the commencement.\n(sec.11.15-ssec.3) In this section— commencement means the commencement of this section. relevant section means sections 5AA.5(2) and 5AA.6(2).\n- (a) immediately before the commencement, was employed as a public service employee by the department known as the Public Safety Business Agency; and\n- (b) is a PSBA employee immediately after the commencement.","sortOrder":325},{"sectionNumber":"pt.11-div.8","sectionType":"division","heading":"Transitional provision for Counter-Terrorism and Other Legislation Amendment Act 2015","content":"## Transitional provision for Counter-Terrorism and Other Legislation Amendment Act 2015","sortOrder":326},{"sectionNumber":"sec.11.16","sectionType":"section","heading":"Approved agency and law enforcement agency during interim period","content":"### sec.11.16 Approved agency and law enforcement agency during interim period\n\nThe immigration and border protection department is taken, during the interim period, to have been—\nan approved agency under part 10, division 1A; and\na law enforcement agency under part 10, division 1A.\nIn this section—\nimmigration and border protection department means the Commonwealth department in which the following laws are administered—\nthe Australian Border Force Act 2015 (Cwlth);\nthe Customs Act 1901 (Cwlth), other than parts XVB and XVC;\nthe Migration Act 1958 (Cwlth).\ninterim period means the period starting on 1 July 2015 and ending on the commencement of the Police Legislation Amendment Regulation (No. 1) 2015 .\ns 11.16 ins 2015 No. 27 s 7\n(sec.11.16-ssec.1) The immigration and border protection department is taken, during the interim period, to have been— an approved agency under part 10, division 1A; and a law enforcement agency under part 10, division 1A.\n(sec.11.16-ssec.2) In this section— immigration and border protection department means the Commonwealth department in which the following laws are administered— the Australian Border Force Act 2015 (Cwlth); the Customs Act 1901 (Cwlth), other than parts XVB and XVC; the Migration Act 1958 (Cwlth). interim period means the period starting on 1 July 2015 and ending on the commencement of the Police Legislation Amendment Regulation (No. 1) 2015 . s 11.16 ins 2015 No. 27 s 7\n- (a) an approved agency under part 10, division 1A; and\n- (b) a law enforcement agency under part 10, division 1A.\n- (a) the Australian Border Force Act 2015 (Cwlth);\n- (b) the Customs Act 1901 (Cwlth), other than parts XVB and XVC;\n- (c) the Migration Act 1958 (Cwlth).","sortOrder":327},{"sectionNumber":"pt.11-div.9","sectionType":"division","heading":null,"content":"","sortOrder":328},{"sectionNumber":"sec.11.17","sectionType":"section","heading":null,"content":"### Section sec.11.17\n\ns 11.17 ins 2018 No. 2 s 18\nexp 16 March 2021 (see s 11.17(5))","sortOrder":329},{"sectionNumber":"pt.11-div.9A","sectionType":"division","heading":"Transitional provision for Crime and Corruption and Other Legislation Amendment Act 2018","content":"## Transitional provision for Crime and Corruption and Other Legislation Amendment Act 2018","sortOrder":330},{"sectionNumber":"sec.11.17A","sectionType":"section","heading":"Liability of commissioners for police service reviews","content":"### sec.11.17A Liability of commissioners for police service reviews\n\nCurrent section 9.7 does not apply to conduct, or the result of conduct, engaged in by a protected person before the commencement.\nPrevious section 9.7 continues to apply to an act done or omitted to be done by a protected person before the commencement.\nAlso, the Public Service Act 2008 , section 26C continues to apply to conduct engaged in by a commissioner for police reviews before the commencement.\nHowever, if a protected person engages in conduct to which current section 9.7 applies after the commencement and the conduct is a part of a course of conduct that also includes conduct engaged in before the commencement, current section 9.7 applies to all of the conduct as if it was all engaged in after the commencement.\nA term used in this section in relation to current section 9.7 or previous section 9.7 has the meaning it has under that section.\nIn this section—\ncurrent section 9.7 means section 9.7 as in force from the commencement.\nprevious section 9.7 means section 9.7 as in force before the commencement.\ns 11.17A (prev s 11.17) ins 2018 No. 29 s 82\nrenum 2019 No. 32 s 32 sch 1\n(sec.11.17A-ssec.1) Current section 9.7 does not apply to conduct, or the result of conduct, engaged in by a protected person before the commencement.\n(sec.11.17A-ssec.2) Previous section 9.7 continues to apply to an act done or omitted to be done by a protected person before the commencement.\n(sec.11.17A-ssec.3) Also, the Public Service Act 2008 , section 26C continues to apply to conduct engaged in by a commissioner for police reviews before the commencement.\n(sec.11.17A-ssec.4) However, if a protected person engages in conduct to which current section 9.7 applies after the commencement and the conduct is a part of a course of conduct that also includes conduct engaged in before the commencement, current section 9.7 applies to all of the conduct as if it was all engaged in after the commencement.\n(sec.11.17A-ssec.5) A term used in this section in relation to current section 9.7 or previous section 9.7 has the meaning it has under that section.\n(sec.11.17A-ssec.6) In this section— current section 9.7 means section 9.7 as in force from the commencement. previous section 9.7 means section 9.7 as in force before the commencement.","sortOrder":331},{"sectionNumber":"pt.11-div.10","sectionType":"division","heading":"Repeal and transitional provisions for Police Service Administration (Discipline Reform) and Other Legislation Amendment Act 2019","content":"## Repeal and transitional provisions for Police Service Administration (Discipline Reform) and Other Legislation Amendment Act 2019","sortOrder":332},{"sectionNumber":"sec.11.18","sectionType":"section","heading":"Definitions for division","content":"### sec.11.18 Definitions for division\n\nIn this division—\namending Act means the Police Service Administration (Discipline Reform) and Other Legislation Amendment Act 2019 .\nbreach of discipline means a breach of discipline within the meaning of previous section 1.4.\nnew , in relation to a provision of this Act, means as in force on the commencement.\nprevious , in relation to a provision of this Act or the repealed regulations, means as in force from time to time before the commencement.\nrepealed regulations means the repealed Police Service (Discipline) Regulations 1990 .\nFor this division, a disciplinary proceeding against an officer under previous section 7.4 started when the officer was given a notice stating details of the alleged breach of discipline or misconduct.\ns 11.18 ins 2019 No. 32 s 17\n(sec.11.18-ssec.1) In this division— amending Act means the Police Service Administration (Discipline Reform) and Other Legislation Amendment Act 2019 . breach of discipline means a breach of discipline within the meaning of previous section 1.4. new , in relation to a provision of this Act, means as in force on the commencement. previous , in relation to a provision of this Act or the repealed regulations, means as in force from time to time before the commencement. repealed regulations means the repealed Police Service (Discipline) Regulations 1990 .\n(sec.11.18-ssec.2) For this division, a disciplinary proceeding against an officer under previous section 7.4 started when the officer was given a notice stating details of the alleged breach of discipline or misconduct.","sortOrder":333},{"sectionNumber":"sec.11.19","sectionType":"section","heading":"Repeal of Police Service (Discipline) Regulations 1990","content":"### sec.11.19 Repeal of Police Service (Discipline) Regulations 1990\n\nThe Police Service (Discipline) Regulations 1990 are repealed.\ns 11.19 ins 2019 No. 32 s 17","sortOrder":334},{"sectionNumber":"sec.11.20","sectionType":"section","heading":"Existing disciplinary proceedings—saving of previous s 7.4 and repealed regulations","content":"### sec.11.20 Existing disciplinary proceedings—saving of previous s 7.4 and repealed regulations\n\nThis section applies if—\nbefore the commencement, a disciplinary proceeding against an officer was started; and\nimmediately before the commencement, the proceeding had not been finally dealt with.\nHowever, this section does not apply if the disciplinary proceeding is withdrawn with the officer’s consent.\nPrevious section 7.4 and the repealed regulations continue to apply, despite their repeal, for the completion of the disciplinary proceeding.\nThis section applies subject to section 11.21.\ns 11.20 ins 2019 No. 32 s 17\n(sec.11.20-ssec.1) This section applies if— before the commencement, a disciplinary proceeding against an officer was started; and immediately before the commencement, the proceeding had not been finally dealt with.\n(sec.11.20-ssec.2) However, this section does not apply if the disciplinary proceeding is withdrawn with the officer’s consent.\n(sec.11.20-ssec.3) Previous section 7.4 and the repealed regulations continue to apply, despite their repeal, for the completion of the disciplinary proceeding.\n(sec.11.20-ssec.4) This section applies subject to section 11.21.\n- (a) before the commencement, a disciplinary proceeding against an officer was started; and\n- (b) immediately before the commencement, the proceeding had not been finally dealt with.","sortOrder":335},{"sectionNumber":"sec.11.21","sectionType":"section","heading":"Existing disciplinary proceedings—application of new pt 7 in particular circumstances","content":"### sec.11.21 Existing disciplinary proceedings—application of new pt 7 in particular circumstances\n\nThis section applies if the prescribed officer conducting a disciplinary proceeding to which section 11.20 applies—\nis a police officer mentioned in section 2.2(a), (b) or (c); and\non or after the commencement, finds that misconduct or a breach of discipline is, or is not, proved against the officer.\nPrevious section 7.4(2A) and (3) does not apply in relation to the finding.\nThe finding is taken to be a decision made under new section 7.27(2) about whether the disciplinary charge, or another ground for disciplinary action, is proved.\nFor subsection (3), new part 7 and the Crime and Corruption Act 2001 , chapter 5, part 3, apply in relation to the finding as if—\nthe officer were the subject officer under new part 7; and\nthe allegation to which the proceeding relates were the disciplinary charge; and\nthe misconduct or breach of discipline the subject of the finding were a ground for disciplinary action under new section 7.4; and\nthe requirements under new part 7, division 2 were satisfied in relation to the disciplinary proceeding.\ns 11.21 ins 2019 No. 32 s 17\n(sec.11.21-ssec.1) This section applies if the prescribed officer conducting a disciplinary proceeding to which section 11.20 applies— is a police officer mentioned in section 2.2(a), (b) or (c); and on or after the commencement, finds that misconduct or a breach of discipline is, or is not, proved against the officer.\n(sec.11.21-ssec.2) Previous section 7.4(2A) and (3) does not apply in relation to the finding.\n(sec.11.21-ssec.3) The finding is taken to be a decision made under new section 7.27(2) about whether the disciplinary charge, or another ground for disciplinary action, is proved.\n(sec.11.21-ssec.4) For subsection (3), new part 7 and the Crime and Corruption Act 2001 , chapter 5, part 3, apply in relation to the finding as if— the officer were the subject officer under new part 7; and the allegation to which the proceeding relates were the disciplinary charge; and the misconduct or breach of discipline the subject of the finding were a ground for disciplinary action under new section 7.4; and the requirements under new part 7, division 2 were satisfied in relation to the disciplinary proceeding.\n- (a) is a police officer mentioned in section 2.2(a), (b) or (c); and\n- (b) on or after the commencement, finds that misconduct or a breach of discipline is, or is not, proved against the officer.\n- (a) the officer were the subject officer under new part 7; and\n- (b) the allegation to which the proceeding relates were the disciplinary charge; and\n- (c) the misconduct or breach of discipline the subject of the finding were a ground for disciplinary action under new section 7.4; and\n- (d) the requirements under new part 7, division 2 were satisfied in relation to the disciplinary proceeding.","sortOrder":336},{"sectionNumber":"sec.11.22","sectionType":"section","heading":"Alleged misconduct or breaches of discipline occurring before commencement","content":"### sec.11.22 Alleged misconduct or breaches of discipline occurring before commencement\n\nThis section applies if—\nmisconduct or a breach of discipline is alleged to have occurred before the commencement; and\na disciplinary proceeding for the alleged misconduct or breach of discipline—\nhas not been started before the commencement; or\nwas started before the commencement but has been or is withdrawn with the officer’s consent.\nA disciplinary proceeding in relation to the alleged misconduct or breach of discipline may be started under new part 7 as if the misconduct or breach of discipline were a ground for disciplinary action under that part.\nThe disciplinary proceeding must be started within the later of the following periods to end—\nthe period mentioned in new section 7.12;\n6 months from the commencement.\ns 11.22 ins 2019 No. 32 s 17\n(sec.11.22-ssec.1) This section applies if— misconduct or a breach of discipline is alleged to have occurred before the commencement; and a disciplinary proceeding for the alleged misconduct or breach of discipline— has not been started before the commencement; or was started before the commencement but has been or is withdrawn with the officer’s consent.\n(sec.11.22-ssec.2) A disciplinary proceeding in relation to the alleged misconduct or breach of discipline may be started under new part 7 as if the misconduct or breach of discipline were a ground for disciplinary action under that part.\n(sec.11.22-ssec.3) The disciplinary proceeding must be started within the later of the following periods to end— the period mentioned in new section 7.12; 6 months from the commencement.\n- (a) misconduct or a breach of discipline is alleged to have occurred before the commencement; and\n- (b) a disciplinary proceeding for the alleged misconduct or breach of discipline— (i) has not been started before the commencement; or (ii) was started before the commencement but has been or is withdrawn with the officer’s consent.\n- (i) has not been started before the commencement; or\n- (ii) was started before the commencement but has been or is withdrawn with the officer’s consent.\n- (i) has not been started before the commencement; or\n- (ii) was started before the commencement but has been or is withdrawn with the officer’s consent.\n- (a) the period mentioned in new section 7.12;\n- (b) 6 months from the commencement.","sortOrder":337},{"sectionNumber":"sec.11.23","sectionType":"section","heading":"Existing reviews of disciplinary decisions—breaches of discipline","content":"### sec.11.23 Existing reviews of disciplinary decisions—breaches of discipline\n\nThis section applies if—\nunder previous section 9.3 a review of either of the following was started before the commencement—\naction taken under previous section 7.4 or the repealed regulations against an officer for a breach of discipline;\na disciplinary declaration made against a former officer under previous section 7A.2(2) for a breach of discipline; and\nthe review was not finally dealt with before the commencement.\nPrevious section 9.3 continues to apply for the completion of the review of the action or declaration.\nFor reviews started before the commencement in relation to action taken under previous section 7.4 for misconduct, see the Crime and Corruption Act 2001 , section 452.\ns 11.23 ins 2019 No. 32 s 17\n(sec.11.23-ssec.1) This section applies if— under previous section 9.3 a review of either of the following was started before the commencement— action taken under previous section 7.4 or the repealed regulations against an officer for a breach of discipline; a disciplinary declaration made against a former officer under previous section 7A.2(2) for a breach of discipline; and the review was not finally dealt with before the commencement.\n(sec.11.23-ssec.2) Previous section 9.3 continues to apply for the completion of the review of the action or declaration. For reviews started before the commencement in relation to action taken under previous section 7.4 for misconduct, see the Crime and Corruption Act 2001 , section 452.\n- (a) under previous section 9.3 a review of either of the following was started before the commencement— (i) action taken under previous section 7.4 or the repealed regulations against an officer for a breach of discipline; (ii) a disciplinary declaration made against a former officer under previous section 7A.2(2) for a breach of discipline; and\n- (i) action taken under previous section 7.4 or the repealed regulations against an officer for a breach of discipline;\n- (ii) a disciplinary declaration made against a former officer under previous section 7A.2(2) for a breach of discipline; and\n- (b) the review was not finally dealt with before the commencement.\n- (i) action taken under previous section 7.4 or the repealed regulations against an officer for a breach of discipline;\n- (ii) a disciplinary declaration made against a former officer under previous section 7A.2(2) for a breach of discipline; and","sortOrder":338},{"sectionNumber":"sec.11.24","sectionType":"section","heading":"Review of particular disciplinary decisions about breaches of discipline","content":"### sec.11.24 Review of particular disciplinary decisions about breaches of discipline\n\nThis section applies if—\neither—\na decision was made under previous section 7.4 about an allegation of a breach of discipline; or\na disciplinary declaration was made under previous section 7A.2(2) for a breach of discipline; and\nthe period for applying for a review of the decision or declaration under previous section 9.3 had not ended immediately before the commencement.\nAlso, this section applies if a decision is made under previous section 7.4, as applied by section 11.20, about an allegation of a breach of discipline, except if section 11.21 applies in relation to the decision.\nThe officer or former officer to whom the decision or declaration relates may apply for review of the decision or declaration under previous section 9.3 as if the amending Act had not commenced.\nFor reviews in relation to action taken under previous section 7.4 for misconduct, see the Crime and Corruption Act 2001 , section 452.\ns 11.24 ins 2019 No. 32 s 17\n(sec.11.24-ssec.1) This section applies if— either— a decision was made under previous section 7.4 about an allegation of a breach of discipline; or a disciplinary declaration was made under previous section 7A.2(2) for a breach of discipline; and the period for applying for a review of the decision or declaration under previous section 9.3 had not ended immediately before the commencement.\n(sec.11.24-ssec.2) Also, this section applies if a decision is made under previous section 7.4, as applied by section 11.20, about an allegation of a breach of discipline, except if section 11.21 applies in relation to the decision.\n(sec.11.24-ssec.3) The officer or former officer to whom the decision or declaration relates may apply for review of the decision or declaration under previous section 9.3 as if the amending Act had not commenced. For reviews in relation to action taken under previous section 7.4 for misconduct, see the Crime and Corruption Act 2001 , section 452.\n- (a) either— (i) a decision was made under previous section 7.4 about an allegation of a breach of discipline; or (ii) a disciplinary declaration was made under previous section 7A.2(2) for a breach of discipline; and\n- (i) a decision was made under previous section 7.4 about an allegation of a breach of discipline; or\n- (ii) a disciplinary declaration was made under previous section 7A.2(2) for a breach of discipline; and\n- (b) the period for applying for a review of the decision or declaration under previous section 9.3 had not ended immediately before the commencement.\n- (i) a decision was made under previous section 7.4 about an allegation of a breach of discipline; or\n- (ii) a disciplinary declaration was made under previous section 7A.2(2) for a breach of discipline; and","sortOrder":339},{"sectionNumber":"sec.11.25","sectionType":"section","heading":"Existing discipline history","content":"### sec.11.25 Existing discipline history\n\nA disciplinary sanction imposed under previous section 7.4 or the repealed regulations continues to have effect as if the amending Act had not commenced.\nAn entry made in an officer’s discipline history under the repealed regulations is taken to be part of the officer’s disciplinary history for new part 7.\nThe giving of managerial guidance, whether in writing or not, before the commencement forms part of an officer’s disciplinary history only if, when the guidance was given, the officer was advised in writing that the guidance would form part of the officer’s discipline history.\ns 11.25 ins 2019 No. 32 s 17\n(sec.11.25-ssec.1) A disciplinary sanction imposed under previous section 7.4 or the repealed regulations continues to have effect as if the amending Act had not commenced.\n(sec.11.25-ssec.2) An entry made in an officer’s discipline history under the repealed regulations is taken to be part of the officer’s disciplinary history for new part 7.\n(sec.11.25-ssec.3) The giving of managerial guidance, whether in writing or not, before the commencement forms part of an officer’s disciplinary history only if, when the guidance was given, the officer was advised in writing that the guidance would form part of the officer’s discipline history.","sortOrder":340},{"sectionNumber":"sec.11.26","sectionType":"section","heading":"Continued application of previous pt 7A","content":"### sec.11.26 Continued application of previous pt 7A\n\nPrevious part 7A continues to apply in relation to a disciplinary ground that arose before the commencement.\ns 11.26 ins 2019 No. 32 s 17","sortOrder":341},{"sectionNumber":"pt.11-div.11","sectionType":"division","heading":"Transitional provision for Disability Services and Other Legislation (Worker Screening) Amendment Act 2018","content":"## Transitional provision for Disability Services and Other Legislation (Worker Screening) Amendment Act 2018","sortOrder":342},{"sectionNumber":"sec.11.19-oc.2","sectionType":"section","heading":"Exchange of criminal history for disability-related employment screening","content":"### sec.11.19-oc.2 Exchange of criminal history for disability-related employment screening\n\nThis section applies in relation to the commissioner giving a person’s criminal history to an interstate screening unit or an approved agency as mentioned in section 10.2T for the purpose of disability-related employment screening of the person.\nTo remove any doubt, it is declared that for section 10.2S, definition criminal history , a reference to a charge against the person for an offence includes a charge for an offence alleged to have been committed by the person before the commencement.\ns 11.19 ins 2018 No. 19 s 40\n(sec.11.19-oc.2-ssec.1) This section applies in relation to the commissioner giving a person’s criminal history to an interstate screening unit or an approved agency as mentioned in section 10.2T for the purpose of disability-related employment screening of the person.\n(sec.11.19-oc.2-ssec.2) To remove any doubt, it is declared that for section 10.2S, definition criminal history , a reference to a charge against the person for an offence includes a charge for an offence alleged to have been committed by the person before the commencement.","sortOrder":343},{"sectionNumber":"pt.11-div.12","sectionType":"division","heading":"Repeal and transitional provisions for the Queensland Future Fund (Titles Registry) Act 2021","content":"## Repeal and transitional provisions for the Queensland Future Fund (Titles Registry) Act 2021","sortOrder":344},{"sectionNumber":"sec.11.20-oc.2","sectionType":"section","heading":"Repeal","content":"### sec.11.20-oc.2 Repeal\n\nThe Public Safety Business Agency Act 2014, No. 17 is repealed.\ns 11.20 ins 2021 No. 12 s 193","sortOrder":345},{"sectionNumber":"sec.11.21-oc.2","sectionType":"section","heading":"Definitions for subdivision","content":"### sec.11.21-oc.2 Definitions for subdivision\n\nIn this subdivision—\nPSBA means the Public Safety Business Agency in existence under the repealed Act immediately before the commencement.\nrepealed Act means the repealed Public Safety Business Agency Act 2014 as in force immediately before the commencement.\ns 11.21 ins 2021 No. 12 s 193","sortOrder":346},{"sectionNumber":"sec.11.22-oc.2","sectionType":"section","heading":"Particular terms have meaning given under repealed Act","content":"### sec.11.22-oc.2 Particular terms have meaning given under repealed Act\n\nIn this subdivision, a term defined under the repealed Act but not under this Act has the same meanings as it had under the repealed Act.\ns 11.22 ins 2021 No. 12 s 193","sortOrder":347},{"sectionNumber":"sec.11.23-oc.2","sectionType":"section","heading":"Matters relating to PSBA board","content":"### sec.11.23-oc.2 Matters relating to PSBA board\n\nThe PSBA is dissolved.\nEach board member ceases to be a member of the board.\nNo compensation is payable to a person because of subsections (1) and (2).\nTo remove any doubt, it is declared that subsection (2) does not limit or otherwise affect a person’s right to a benefit or entitlement that had accrued before the commencement.\ns 11.23 ins 2021 No. 12 s 193\n(sec.11.23-oc.2-ssec.1) The PSBA is dissolved.\n(sec.11.23-oc.2-ssec.2) Each board member ceases to be a member of the board.\n(sec.11.23-oc.2-ssec.3) No compensation is payable to a person because of subsections (1) and (2).\n(sec.11.23-oc.2-ssec.4) To remove any doubt, it is declared that subsection (2) does not limit or otherwise affect a person’s right to a benefit or entitlement that had accrued before the commencement.","sortOrder":348},{"sectionNumber":"sec.11.24-oc.2","sectionType":"section","heading":"Matters relating to chief operating officer","content":"### sec.11.24-oc.2 Matters relating to chief operating officer\n\nThe appointment of the acting chief operating officer ends.\nNo compensation is payable to the acting chief operating officer because of subsection (1).\nTo remove any doubt, it is declared that subsection (2) does not limit or otherwise affect the acting chief operating officer’s right to a benefit or entitlement that had accrued before the commencement.\ns 11.24 ins 2021 No. 12 s 193\n(sec.11.24-oc.2-ssec.1) The appointment of the acting chief operating officer ends.\n(sec.11.24-oc.2-ssec.2) No compensation is payable to the acting chief operating officer because of subsection (1).\n(sec.11.24-oc.2-ssec.3) To remove any doubt, it is declared that subsection (2) does not limit or otherwise affect the acting chief operating officer’s right to a benefit or entitlement that had accrued before the commencement.","sortOrder":349},{"sectionNumber":"sec.11.25-oc.2","sectionType":"section","heading":"Matters relating to PSBA staff","content":"### sec.11.25-oc.2 Matters relating to PSBA staff\n\nThis section applies to—\na person who, immediately before the commencement, is employed by the PSBA on a permanent full-time or permanent part-time basis; and\na person who, immediately before the commencement, is seconded to the PSBA on a permanent full-time or permanent part-time basis.\nOn the commencement—\nfor a person mentioned in subsection (1)(a)—the person ceases to be an employee of the PSBA and is employed by the notified department; and\nfor a person mentioned in subsection (1)(b)— the secondment ends.\nNothing in subsection (2)—\ninterrupts a person’s continuity of service; or\nprejudices a person’s existing or accruing right to long service leave; or\nconstitutes a termination of employment by the PSBA, retrenchment or redundancy; or\nentitles a person to a payment or other benefit merely because the person is no longer employed by the PSBA; or\nlimits or otherwise affect the person’s right to a benefit or entitlement that had accrued before the commencement.\nIn this section—\nnotified department means the department that, before the commencement, the person was notified by the chief operating officer as the department in which the person would be employed in after the commencement.\ns 11.25 ins 2021 No. 12 s 193\n(sec.11.25-oc.2-ssec.1) This section applies to— a person who, immediately before the commencement, is employed by the PSBA on a permanent full-time or permanent part-time basis; and a person who, immediately before the commencement, is seconded to the PSBA on a permanent full-time or permanent part-time basis.\n(sec.11.25-oc.2-ssec.2) On the commencement— for a person mentioned in subsection (1)(a)—the person ceases to be an employee of the PSBA and is employed by the notified department; and for a person mentioned in subsection (1)(b)— the secondment ends.\n(sec.11.25-oc.2-ssec.3) Nothing in subsection (2)— interrupts a person’s continuity of service; or prejudices a person’s existing or accruing right to long service leave; or constitutes a termination of employment by the PSBA, retrenchment or redundancy; or entitles a person to a payment or other benefit merely because the person is no longer employed by the PSBA; or limits or otherwise affect the person’s right to a benefit or entitlement that had accrued before the commencement.\n(sec.11.25-oc.2-ssec.4) In this section— notified department means the department that, before the commencement, the person was notified by the chief operating officer as the department in which the person would be employed in after the commencement.\n- (a) a person who, immediately before the commencement, is employed by the PSBA on a permanent full-time or permanent part-time basis; and\n- (b) a person who, immediately before the commencement, is seconded to the PSBA on a permanent full-time or permanent part-time basis.\n- (a) for a person mentioned in subsection (1)(a)—the person ceases to be an employee of the PSBA and is employed by the notified department; and\n- (b) for a person mentioned in subsection (1)(b)— the secondment ends.\n- (a) interrupts a person’s continuity of service; or\n- (b) prejudices a person’s existing or accruing right to long service leave; or\n- (c) constitutes a termination of employment by the PSBA, retrenchment or redundancy; or\n- (d) entitles a person to a payment or other benefit merely because the person is no longer employed by the PSBA; or\n- (e) limits or otherwise affect the person’s right to a benefit or entitlement that had accrued before the commencement.","sortOrder":350},{"sectionNumber":"sec.11.26-oc.2","sectionType":"section","heading":"State is successor in law of PSBA","content":"### sec.11.26-oc.2 State is successor in law of PSBA\n\nThe State is the successor in law of the PSBA.\nSubsection (1) is not limited by another provision of this subdivision.\ns 11.26 ins 2021 No. 12 s 193\n(sec.11.26-oc.2-ssec.1) The State is the successor in law of the PSBA.\n(sec.11.26-oc.2-ssec.2) Subsection (1) is not limited by another provision of this subdivision.","sortOrder":351},{"sectionNumber":"sec.11.27","sectionType":"section","heading":"Assets and liabilities","content":"### sec.11.27 Assets and liabilities\n\nThe assets and liabilities of the PSBA immediately before the commencement become assets and liabilities of the State.\ns 11.27 ins 2021 No. 12 s 193","sortOrder":352},{"sectionNumber":"sec.11.28","sectionType":"section","heading":"Records and documents","content":"### sec.11.28 Records and documents\n\nThe PSBA’s records and other documents held by the PSBA immediately before the commencement become records and other documents of the State.\ns 11.28 ins 2021 No. 12 s 193","sortOrder":353},{"sectionNumber":"sec.11.29","sectionType":"section","heading":"Contracts, agreements, undertakings, other arrangements and instruments","content":"### sec.11.29 Contracts, agreements, undertakings, other arrangements and instruments\n\nThis section applies to a contract, agreement, undertaking or other arrangement (a current instrument ) to which the PSBA was a party, or an instrument (also a current instrument ) that applied to the PSBA, immediately before the commencement.\nOn the commencement, the State becomes a party to the current instrument and the instrument applies to the State, in place of the PSBA.\nWithout limiting subsection (2)—\nany right, title, interest or liability of the PSBA arising under or relating to a current instrument is a right, title, interest or liability of the State; and\na current instrument, including a benefit or right provided by a current instrument, given to, by or in favour of the PSBA before the commencement is taken to have been given to, by or in favour of the State; and\nan application relating to a current instrument made in the name of the PSBA before the commencement is taken to have been made in the name of the State; and\na current instrument under which an amount is, or may become, payable to or by the PSBA is taken to be an instrument under which the amount is, or may become, payable to or by the State in the way the amount was, or might have become, payable to or by the PSBA; and\na current instrument under which property, other than money, is or may become liable to be transferred, conveyed or assigned to or by the PSBA is taken to be an instrument under which property is, or may become liable to be, transferred, conveyed or assigned to or by the State in the way the property was, or might have become, liable to be transferred, conveyed or assigned to or by the PSBA.\ns 11.29 ins 2021 No. 12 s 193\n(sec.11.29-ssec.1) This section applies to a contract, agreement, undertaking or other arrangement (a current instrument ) to which the PSBA was a party, or an instrument (also a current instrument ) that applied to the PSBA, immediately before the commencement.\n(sec.11.29-ssec.2) On the commencement, the State becomes a party to the current instrument and the instrument applies to the State, in place of the PSBA.\n(sec.11.29-ssec.3) Without limiting subsection (2)— any right, title, interest or liability of the PSBA arising under or relating to a current instrument is a right, title, interest or liability of the State; and a current instrument, including a benefit or right provided by a current instrument, given to, by or in favour of the PSBA before the commencement is taken to have been given to, by or in favour of the State; and an application relating to a current instrument made in the name of the PSBA before the commencement is taken to have been made in the name of the State; and a current instrument under which an amount is, or may become, payable to or by the PSBA is taken to be an instrument under which the amount is, or may become, payable to or by the State in the way the amount was, or might have become, payable to or by the PSBA; and a current instrument under which property, other than money, is or may become liable to be transferred, conveyed or assigned to or by the PSBA is taken to be an instrument under which property is, or may become liable to be, transferred, conveyed or assigned to or by the State in the way the property was, or might have become, liable to be transferred, conveyed or assigned to or by the PSBA.\n- (a) any right, title, interest or liability of the PSBA arising under or relating to a current instrument is a right, title, interest or liability of the State; and\n- (b) a current instrument, including a benefit or right provided by a current instrument, given to, by or in favour of the PSBA before the commencement is taken to have been given to, by or in favour of the State; and\n- (c) an application relating to a current instrument made in the name of the PSBA before the commencement is taken to have been made in the name of the State; and\n- (d) a current instrument under which an amount is, or may become, payable to or by the PSBA is taken to be an instrument under which the amount is, or may become, payable to or by the State in the way the amount was, or might have become, payable to or by the PSBA; and\n- (e) a current instrument under which property, other than money, is or may become liable to be transferred, conveyed or assigned to or by the PSBA is taken to be an instrument under which property is, or may become liable to be, transferred, conveyed or assigned to or by the State in the way the property was, or might have become, liable to be transferred, conveyed or assigned to or by the PSBA.","sortOrder":354},{"sectionNumber":"sec.11.30","sectionType":"section","heading":"Current proceedings","content":"### sec.11.30 Current proceedings\n\nThis section applies to a proceeding that, immediately before the commencement, had not ended and to which the PSBA was a party.\nOn the commencement, the State becomes a party to the proceeding in place of the PSBA.\ns 11.30 ins 2021 No. 12 s 193\n(sec.11.30-ssec.1) This section applies to a proceeding that, immediately before the commencement, had not ended and to which the PSBA was a party.\n(sec.11.30-ssec.2) On the commencement, the State becomes a party to the proceeding in place of the PSBA.","sortOrder":355},{"sectionNumber":"sec.11.31","sectionType":"section","heading":"Proceedings not yet started","content":"### sec.11.31 Proceedings not yet started\n\nThis section applies if, immediately before the commencement, a proceeding could have been started by or against the PSBA within a particular period.\nThe proceeding may be started by or against the State within the period.\ns 11.31 ins 2021 No. 12 s 193\n(sec.11.31-ssec.1) This section applies if, immediately before the commencement, a proceeding could have been started by or against the PSBA within a particular period.\n(sec.11.31-ssec.2) The proceeding may be started by or against the State within the period.","sortOrder":356},{"sectionNumber":"sec.11.32","sectionType":"section","heading":"Registering authority to note transfer or other dealing","content":"### sec.11.32 Registering authority to note transfer or other dealing\n\nA registering authority must, on written application by the commissioner or the fire commissioner and without charge, register or record in the appropriate way a transfer of, or other dealing affecting, an asset, liability or instrument under this subdivision.\nThe commissioner, or fire commissioner, must comply with any relevant procedures required by the registering authority for the purpose of registering or recording the transfer or other dealing.\nIn this section—\nfire commissioner means the person appointed as commissioner under the Fire and Emergency Services Act 1990 , section 5.\nregistering authority means the registrar of titles or another entity required or authorised by law to register or record transactions affecting assets, liabilities or instruments.\ns 11.32 ins 2021 No. 12 s 193\n(sec.11.32-ssec.1) A registering authority must, on written application by the commissioner or the fire commissioner and without charge, register or record in the appropriate way a transfer of, or other dealing affecting, an asset, liability or instrument under this subdivision.\n(sec.11.32-ssec.2) The commissioner, or fire commissioner, must comply with any relevant procedures required by the registering authority for the purpose of registering or recording the transfer or other dealing.\n(sec.11.32-ssec.3) In this section— fire commissioner means the person appointed as commissioner under the Fire and Emergency Services Act 1990 , section 5. registering authority means the registrar of titles or another entity required or authorised by law to register or record transactions affecting assets, liabilities or instruments.","sortOrder":357},{"sectionNumber":"sec.11.33","sectionType":"section","heading":"Effect on legal relationships","content":"### sec.11.33 Effect on legal relationships\n\nA thing done under this subdivision—\ndoes not make the State liable for a civil wrong or a contravention of a law or for a breach of a contract or confidence; and\ndoes not make the State in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; and\ndoes not fulfil a condition that—\nterminates, or allows a person to terminate, an instrument or obligation; or\nmodifies, or allows a person to modify, the operation or effect of an instrument or obligation; or\nallows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or\nrequires any money to be paid before its stated maturity.\nIf, apart from this subsection, the advice, consent or approval of a person would be necessary to do something under this subdivision, the advice is taken to have been obtained or the consent or approval is taken to have been given unconditionally.\nIf giving notice to a person would be necessary to do something under this subdivision, the notice is taken to have been given.\nA reference in this section to the State includes an employee or agent of the State.\ns 11.33 ins 2021 No. 12 s 193\n(sec.11.33-ssec.1) A thing done under this subdivision— does not make the State liable for a civil wrong or a contravention of a law or for a breach of a contract or confidence; and does not make the State in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; and does not fulfil a condition that— terminates, or allows a person to terminate, an instrument or obligation; or modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or requires any money to be paid before its stated maturity.\n(sec.11.33-ssec.2) If, apart from this subsection, the advice, consent or approval of a person would be necessary to do something under this subdivision, the advice is taken to have been obtained or the consent or approval is taken to have been given unconditionally.\n(sec.11.33-ssec.3) If giving notice to a person would be necessary to do something under this subdivision, the notice is taken to have been given.\n(sec.11.33-ssec.4) A reference in this section to the State includes an employee or agent of the State.\n- (a) does not make the State liable for a civil wrong or a contravention of a law or for a breach of a contract or confidence; and\n- (b) does not make the State in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; and\n- (c) does not fulfil a condition that— (i) terminates, or allows a person to terminate, an instrument or obligation; or (ii) modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or (iii) allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or (iv) requires any money to be paid before its stated maturity.\n- (i) terminates, or allows a person to terminate, an instrument or obligation; or\n- (ii) modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or\n- (iii) allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or\n- (iv) requires any money to be paid before its stated maturity.\n- (i) terminates, or allows a person to terminate, an instrument or obligation; or\n- (ii) modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or\n- (iii) allows a person to avoid or enforce an obligation or liability contained in an instrument or requires a person to perform an obligation contained in an instrument; or\n- (iv) requires any money to be paid before its stated maturity.","sortOrder":358},{"sectionNumber":"sec.11.34","sectionType":"section","heading":"References to the PSBA","content":"### sec.11.34 References to the PSBA\n\nIn an Act or document, a reference to the PSBA is, if the context permits, taken to be a reference to the State.\ns 11.34 ins 2021 No. 12 s 193","sortOrder":359},{"sectionNumber":"pt.11-div.13","sectionType":"division","heading":"Transitional provisions for Police Service Administration and Other Legislation Amendment Act 2022","content":"## Transitional provisions for Police Service Administration and Other Legislation Amendment Act 2022","sortOrder":360},{"sectionNumber":"sec.11.35","sectionType":"section","heading":"Definitions for division","content":"### sec.11.35 Definitions for division\n\nIn this division—\nformer , for a provision of the repealed Act, means the provision as in force from time to time before the commencement.\nrepealed Act means the repealed State Buildings Protective Security Act 1983 as in force from time to time before the commencement.\ns 11.35 ins 2022 No. 9 s 42","sortOrder":361},{"sectionNumber":"sec.11.36","sectionType":"section","heading":"Protective security officer","content":"### sec.11.36 Protective security officer\n\nThis section applies if, immediately before the commencement, a person held an appointment under former section 7(1)(a) of the repealed Act as a protective security officer.\nFrom the commencement, the person holds an appointment under section 5.19 as a protective services officer with the rank under section 5.20 of protective services officer.\nThe appointment under section 5.19 is—\non the same terms of appointment that applied to the person immediately before the commencement; and\nfor the remaining term of the appointment under former section 7(1)(a) of the repealed Act.\nIf the person took an oath under former section 13 of the repealed Act, the officer is taken to have taken and subscribed to an oath, relating to a protective services officer, under section 5.22.\nA reference in an Act or other document to a protective security officer under the repealed Act may, if the context permits, be taken to be a reference to a protective services officer with the rank under section 5.20 of protective services officer.\ns 11.36 ins 2022 No. 9 s 42\n(sec.11.36-ssec.1) This section applies if, immediately before the commencement, a person held an appointment under former section 7(1)(a) of the repealed Act as a protective security officer.\n(sec.11.36-ssec.2) From the commencement, the person holds an appointment under section 5.19 as a protective services officer with the rank under section 5.20 of protective services officer.\n(sec.11.36-ssec.3) The appointment under section 5.19 is— on the same terms of appointment that applied to the person immediately before the commencement; and for the remaining term of the appointment under former section 7(1)(a) of the repealed Act.\n(sec.11.36-ssec.4) If the person took an oath under former section 13 of the repealed Act, the officer is taken to have taken and subscribed to an oath, relating to a protective services officer, under section 5.22.\n(sec.11.36-ssec.5) A reference in an Act or other document to a protective security officer under the repealed Act may, if the context permits, be taken to be a reference to a protective services officer with the rank under section 5.20 of protective services officer.\n- (a) on the same terms of appointment that applied to the person immediately before the commencement; and\n- (b) for the remaining term of the appointment under former section 7(1)(a) of the repealed Act.","sortOrder":362},{"sectionNumber":"sec.11.37","sectionType":"section","heading":"Senior protective security officer (in training)","content":"### sec.11.37 Senior protective security officer (in training)\n\nThis section applies if, immediately before the commencement, a person held an appointment under former section 7(1)(b) of the repealed Act as a senior protective security officer (in training).\nFrom the commencement, the person holds an appointment under section 5.19 as a protective services officer (in training).\nThe appointment under section 5.19 is—\non the same terms of appointment that applied to the person immediately before the commencement; and\nfor the remaining term of the appointment under former section 7(1)(b) of the repealed Act.\nA reference in an Act or other document to a senior protective security officer (in training) under the repealed Act may, if the context permits, be taken to be a reference to a protective services officer (in training).\ns 11.37 ins 2022 No. 9 s 42\n(sec.11.37-ssec.1) This section applies if, immediately before the commencement, a person held an appointment under former section 7(1)(b) of the repealed Act as a senior protective security officer (in training).\n(sec.11.37-ssec.2) From the commencement, the person holds an appointment under section 5.19 as a protective services officer (in training).\n(sec.11.37-ssec.3) The appointment under section 5.19 is— on the same terms of appointment that applied to the person immediately before the commencement; and for the remaining term of the appointment under former section 7(1)(b) of the repealed Act.\n(sec.11.37-ssec.4) A reference in an Act or other document to a senior protective security officer (in training) under the repealed Act may, if the context permits, be taken to be a reference to a protective services officer (in training).\n- (a) on the same terms of appointment that applied to the person immediately before the commencement; and\n- (b) for the remaining term of the appointment under former section 7(1)(b) of the repealed Act.","sortOrder":363},{"sectionNumber":"sec.11.38","sectionType":"section","heading":"Senior protective security officer","content":"### sec.11.38 Senior protective security officer\n\nThis section applies if, immediately before the commencement, a person held an appointment under former section 8 of the repealed Act as a senior protective security officer.\nFrom the commencement, the person holds an appointment under section 5.19 as a protective services officer with the rank under section 5.20 of senior protective services officer.\nThe appointment under section 5.19 is—\non the same terms of appointment that applied to the person immediately before the commencement; and\nfor the remaining term of the appointment under former section 8 of the repealed Act.\nIf the person took an oath under former section 14 of the repealed Act, the officer is taken to have taken and subscribed to an oath, relating to a senior protective services officer, under section 5.22.\nA reference in an Act or other document to a senior protective security officer under the repealed Act may, if the context permits, be taken to be a reference to a protective services officer with the rank under section 5.20 of senior protective services officer.\ns 11.38 ins 2022 No. 9 s 42\n(sec.11.38-ssec.1) This section applies if, immediately before the commencement, a person held an appointment under former section 8 of the repealed Act as a senior protective security officer.\n(sec.11.38-ssec.2) From the commencement, the person holds an appointment under section 5.19 as a protective services officer with the rank under section 5.20 of senior protective services officer.\n(sec.11.38-ssec.3) The appointment under section 5.19 is— on the same terms of appointment that applied to the person immediately before the commencement; and for the remaining term of the appointment under former section 8 of the repealed Act.\n(sec.11.38-ssec.4) If the person took an oath under former section 14 of the repealed Act, the officer is taken to have taken and subscribed to an oath, relating to a senior protective services officer, under section 5.22.\n(sec.11.38-ssec.5) A reference in an Act or other document to a senior protective security officer under the repealed Act may, if the context permits, be taken to be a reference to a protective services officer with the rank under section 5.20 of senior protective services officer.\n- (a) on the same terms of appointment that applied to the person immediately before the commencement; and\n- (b) for the remaining term of the appointment under former section 8 of the repealed Act.","sortOrder":364},{"sectionNumber":"sec.11.39","sectionType":"section","heading":"References to repealed Act","content":"### sec.11.39 References to repealed Act\n\nA reference in an Act or other document to the repealed Act may, if the context permits, be taken to be a reference to this Act.\ns 11.39 ins 2022 No. 9 s 42","sortOrder":365},{"sectionNumber":"pt.11-div.14","sectionType":"division","heading":"Transitional provisions for Police Service Administration and Other Legislation Amendment Act 2023","content":"## Transitional provisions for Police Service Administration and Other Legislation Amendment Act 2023","sortOrder":366},{"sectionNumber":"sec.11.40","sectionType":"section","heading":"Staff members appointed under section 8.3(5) before commencement","content":"### sec.11.40 Staff members appointed under section 8.3(5) before commencement\n\nThis section applies to a person who—\nbefore the commencement, was appointed as a staff member under section 8.3(5); and\nimmediately before the commencement, was employed under this Act.\nDespite section 2.5A, from the commencement—\nthe person continues to be employed under this Act and not the Public Service Act 2008 ; and\nthe terms that apply to the person’s employment are the same terms that applied to the person immediately before the commencement.\ns 11.40 ins 2023 No. 7 s 52\n(sec.11.40-ssec.1) This section applies to a person who— before the commencement, was appointed as a staff member under section 8.3(5); and immediately before the commencement, was employed under this Act.\n(sec.11.40-ssec.2) Despite section 2.5A, from the commencement— the person continues to be employed under this Act and not the Public Service Act 2008 ; and the terms that apply to the person’s employment are the same terms that applied to the person immediately before the commencement.\n- (a) before the commencement, was appointed as a staff member under section 8.3(5); and\n- (b) immediately before the commencement, was employed under this Act.\n- (a) the person continues to be employed under this Act and not the Public Service Act 2008 ; and\n- (b) the terms that apply to the person’s employment are the same terms that applied to the person immediately before the commencement.","sortOrder":367},{"sectionNumber":"sec.11.41","sectionType":"section","heading":"Application of s 10.1 relating to confidential information acquired or gained before commencement","content":"### sec.11.41 Application of s 10.1 relating to confidential information acquired or gained before commencement\n\nSection 10.1 applies to a person who acquired confidential information or had access to, or custody of, confidential information under that section whether before or after the commencement.\ns 11.41 ins 2023 No. 7 s 52\n(sec.11.41-ssec) Section 10.1 applies to a person who acquired confidential information or had access to, or custody of, confidential information under that section whether before or after the commencement.","sortOrder":368},{"sectionNumber":"sec.11.42","sectionType":"section","heading":"Application of pt 7, div 6, sdiv 1 to disciplinary proceedings started before commencement","content":"### sec.11.42 Application of pt 7, div 6, sdiv 1 to disciplinary proceedings started before commencement\n\nPart 7, division 6, subdivision 1 does not apply in relation to a disciplinary proceeding started before the commencement.\ns 11.42 ins 2023 No. 7 s 59\n(sec.11.42-ssec) Part 7, division 6, subdivision 1 does not apply in relation to a disciplinary proceeding started before the commencement.","sortOrder":369},{"sectionNumber":"pt.11-div.15","sectionType":"division","heading":"Transitional provision for Police Powers and Responsibilities and Other Legislation Amendment Act (No. 1) 2023","content":"## Transitional provision for Police Powers and Responsibilities and Other Legislation Amendment Act (No. 1) 2023","sortOrder":370},{"sectionNumber":"sec.11.43","sectionType":"section","heading":"Current appointments as special constable","content":"### sec.11.43 Current appointments as special constable\n\nThis section applies to an appointment under section 5.16 in effect immediately before the commencement.\nFrom the commencement, the appointment is taken to be an appointment as a special constable (associate).\ns 11.43 ins 2023 No. 10 s 32I\n(sec.11.43-ssec.1) This section applies to an appointment under section 5.16 in effect immediately before the commencement.\n(sec.11.43-ssec.2) From the commencement, the appointment is taken to be an appointment as a special constable (associate).","sortOrder":371},{"sectionNumber":"pt.11-div.16","sectionType":"division","heading":"Transitional and validation provisions inserted under Child Protection (Offender Reporting and Offender Prohibition Order) and Other Legislation Amendment Act 2023","content":"## Transitional and validation provisions inserted under Child Protection (Offender Reporting and Offender Prohibition Order) and Other Legislation Amendment Act 2023","sortOrder":372},{"sectionNumber":"sec.11.44","sectionType":"section","heading":"Definitions for division","content":"### sec.11.44 Definitions for division\n\nIn this division—\naffected referral means a referral to which this division applies under section 11.45.\ndisciplinary sanction see section 7.34.\nprofessional development strategy see section 7.3.\nsubject officer see section 11.45(1)(a).\ns 11.44 ins 2023 No. 21 s 61","sortOrder":373},{"sectionNumber":"sec.11.45","sectionType":"section","heading":"Application of division","content":"### sec.11.45 Application of division\n\nThis division applies if—\nthe commissioner referred a complaint about a police officer (the subject officer ) under section 7.10 on or after 30 October 2019 but before 8 March 2023; and\nthe referral mentioned in paragraph (a) was not properly made.\nFor this division, a referral was not properly made if—\nthe referral did not specify a particular prescribed officer as the entity to whom the referral was made; or\nthe referral specified a particular prescribed officer as the entity to whom the referral was made but another officer purported to act as the prescribed officer; or\nthe referral did not specify a particular prescribed officer by name and rank.\nA reference in subsection (1) to having referred a complaint about a police officer under section 7.10 includes a reference to purportedly having done so.\ns 11.45 ins 2023 No. 21 s 61\n(sec.11.45-ssec.1) This division applies if— the commissioner referred a complaint about a police officer (the subject officer ) under section 7.10 on or after 30 October 2019 but before 8 March 2023; and the referral mentioned in paragraph (a) was not properly made.\n(sec.11.45-ssec.2) For this division, a referral was not properly made if— the referral did not specify a particular prescribed officer as the entity to whom the referral was made; or the referral specified a particular prescribed officer as the entity to whom the referral was made but another officer purported to act as the prescribed officer; or the referral did not specify a particular prescribed officer by name and rank.\n(sec.11.45-ssec.3) A reference in subsection (1) to having referred a complaint about a police officer under section 7.10 includes a reference to purportedly having done so.\n- (a) the commissioner referred a complaint about a police officer (the subject officer ) under section 7.10 on or after 30 October 2019 but before 8 March 2023; and\n- (b) the referral mentioned in paragraph (a) was not properly made.\n- (a) the referral did not specify a particular prescribed officer as the entity to whom the referral was made; or\n- (b) the referral specified a particular prescribed officer as the entity to whom the referral was made but another officer purported to act as the prescribed officer; or\n- (c) the referral did not specify a particular prescribed officer by name and rank.","sortOrder":374},{"sectionNumber":"sec.11.46","sectionType":"section","heading":"Validation of affected referrals and subsequent action","content":"### sec.11.46 Validation of affected referrals and subsequent action\n\nAn affected referral, and anything else done under this Act or another law in relation to the referral ( subsequent action ), is, and is taken to have always been, as valid as it would be or would have been if the referral had been properly made.\nstarting a disciplinary proceeding\naccepting a proposed disciplinary sanction under section 7.21\nimposing a disciplinary sanction or professional development strategy\nSubsection (1) applies for all purposes, including a legal proceeding started before the commencement.\nTo remove any doubt, it is declared that—\nan affected referral and subsequent action is taken to have had effect from the day the referral or action would have had effect if the referral had been properly made; and\nsubject to this division, a disciplinary proceeding related to the affected referral may be commenced, continued or concluded under part 7; and\na disciplinary sanction, or professional development strategy, imposed on the subject officer because of the affected referral is, and is taken to have always been, as valid as it would be or would have been if the referral had been properly made.\nNo compensation is payable to a person because of the operation of this section.\ns 11.46 ins 2023 No. 21 s 61\n(sec.11.46-ssec.1) An affected referral, and anything else done under this Act or another law in relation to the referral ( subsequent action ), is, and is taken to have always been, as valid as it would be or would have been if the referral had been properly made. starting a disciplinary proceeding accepting a proposed disciplinary sanction under section 7.21 imposing a disciplinary sanction or professional development strategy\n(sec.11.46-ssec.2) Subsection (1) applies for all purposes, including a legal proceeding started before the commencement.\n(sec.11.46-ssec.3) To remove any doubt, it is declared that— an affected referral and subsequent action is taken to have had effect from the day the referral or action would have had effect if the referral had been properly made; and subject to this division, a disciplinary proceeding related to the affected referral may be commenced, continued or concluded under part 7; and a disciplinary sanction, or professional development strategy, imposed on the subject officer because of the affected referral is, and is taken to have always been, as valid as it would be or would have been if the referral had been properly made.\n(sec.11.46-ssec.4) No compensation is payable to a person because of the operation of this section.\n- • starting a disciplinary proceeding\n- • accepting a proposed disciplinary sanction under section 7.21\n- • imposing a disciplinary sanction or professional development strategy\n- (a) an affected referral and subsequent action is taken to have had effect from the day the referral or action would have had effect if the referral had been properly made; and\n- (b) subject to this division, a disciplinary proceeding related to the affected referral may be commenced, continued or concluded under part 7; and\n- (c) a disciplinary sanction, or professional development strategy, imposed on the subject officer because of the affected referral is, and is taken to have always been, as valid as it would be or would have been if the referral had been properly made.","sortOrder":375},{"sectionNumber":"sec.11.47","sectionType":"section","heading":"Demotions and suspensions affected by validation","content":"### sec.11.47 Demotions and suspensions affected by validation\n\nThis section applies if—\nthe imposition of a disciplinary sanction on the subject officer is, as subsequent action, validated under section 11.46; and\nthe disciplinary sanction is the demotion or suspension of the subject officer.\nThe performance of duties by the subject officer during the period of the demotion or suspension, and anything else done under this Act or another law in relation to the officer’s performance of those duties has the same effect, and is taken to have always had the same effect, as it would have had if the officer had not been demoted or suspended at the relevant time.\nSubsection (2) applies for all purposes, including a legal proceeding started before the commencement.\nA reference in subsection (2) to the performance of duties includes a reference to the purported performance of duties.\nIn this section—\nduties includes—\nhigher duties performed by an officer; and\nthe exercise of a power, or authorisation of an action, by an officer under the Police Powers and Responsibilities Act 2000 or another law.\nhigher duties , performed by an officer, means the duties performed by the officer because of a rank held by the officer on a temporary basis.\ns 11.47 ins 2023 No. 21 s 61\n(sec.11.47-ssec.1) This section applies if— the imposition of a disciplinary sanction on the subject officer is, as subsequent action, validated under section 11.46; and the disciplinary sanction is the demotion or suspension of the subject officer.\n(sec.11.47-ssec.2) The performance of duties by the subject officer during the period of the demotion or suspension, and anything else done under this Act or another law in relation to the officer’s performance of those duties has the same effect, and is taken to have always had the same effect, as it would have had if the officer had not been demoted or suspended at the relevant time.\n(sec.11.47-ssec.3) Subsection (2) applies for all purposes, including a legal proceeding started before the commencement.\n(sec.11.47-ssec.4) A reference in subsection (2) to the performance of duties includes a reference to the purported performance of duties.\n(sec.11.47-ssec.5) In this section— duties includes— higher duties performed by an officer; and the exercise of a power, or authorisation of an action, by an officer under the Police Powers and Responsibilities Act 2000 or another law. higher duties , performed by an officer, means the duties performed by the officer because of a rank held by the officer on a temporary basis.\n- (a) the imposition of a disciplinary sanction on the subject officer is, as subsequent action, validated under section 11.46; and\n- (b) the disciplinary sanction is the demotion or suspension of the subject officer.\n- (a) higher duties performed by an officer; and\n- (b) the exercise of a power, or authorisation of an action, by an officer under the Police Powers and Responsibilities Act 2000 or another law.","sortOrder":376},{"sectionNumber":"sec.11.48","sectionType":"section","heading":"New period for starting disciplinary proceedings","content":"### sec.11.48 New period for starting disciplinary proceedings\n\nThis section applies if—\na disciplinary proceeding related to an affected referral had not been started under part 7 before the commencement; and\nthe disciplinary proceeding can not be started because of a time restriction under section 7.12.\nDespite section 7.12, the disciplinary proceeding may be started within 28 days after the commencement.\nBefore starting the disciplinary proceeding, the commissioner may specify a new prescribed officer as the entity to whom the affected referral was made, regardless of whether a prescribed officer was properly specified for the referral when first made.\ns 11.48 ins 2023 No. 21 s 61\n(sec.11.48-ssec.1) This section applies if— a disciplinary proceeding related to an affected referral had not been started under part 7 before the commencement; and the disciplinary proceeding can not be started because of a time restriction under section 7.12.\n(sec.11.48-ssec.2) Despite section 7.12, the disciplinary proceeding may be started within 28 days after the commencement.\n(sec.11.48-ssec.3) Before starting the disciplinary proceeding, the commissioner may specify a new prescribed officer as the entity to whom the affected referral was made, regardless of whether a prescribed officer was properly specified for the referral when first made.\n- (a) a disciplinary proceeding related to an affected referral had not been started under part 7 before the commencement; and\n- (b) the disciplinary proceeding can not be started because of a time restriction under section 7.12.","sortOrder":377},{"sectionNumber":"sec.11.49","sectionType":"section","heading":"Continuation of interrupted disciplinary proceedings","content":"### sec.11.49 Continuation of interrupted disciplinary proceedings\n\nThis section applies if, before the commencement, a disciplinary proceeding related to an affected referral was started, but not finally dealt with, under part 7.\nThe disciplinary proceeding may be continued by the prescribed officer repeating the last action taken by the officer under part 7, division 3 or 4.\nIf the last action taken by the prescribed officer was to give the subject officer a proposed sanction notice under section 7.28(2), the disciplinary proceeding may be continued by the prescribed officer giving the subject officer a new proposed sanction notice under section 7.28(2).\nFor subsection (2), a reference to the last action taken by the prescribed officer includes a reference to the last action taken by the officer who purported to be the prescribed officer for the disciplinary proceeding.\nBefore continuing the disciplinary proceeding, the commissioner may specify a new officer as the prescribed officer to whom the affected referral was made, regardless of whether a prescribed officer was properly specified for the referral when first made.\ns 11.49 ins 2023 No. 21 s 61\n(sec.11.49-ssec.1) This section applies if, before the commencement, a disciplinary proceeding related to an affected referral was started, but not finally dealt with, under part 7.\n(sec.11.49-ssec.2) The disciplinary proceeding may be continued by the prescribed officer repeating the last action taken by the officer under part 7, division 3 or 4. If the last action taken by the prescribed officer was to give the subject officer a proposed sanction notice under section 7.28(2), the disciplinary proceeding may be continued by the prescribed officer giving the subject officer a new proposed sanction notice under section 7.28(2).\n(sec.11.49-ssec.3) For subsection (2), a reference to the last action taken by the prescribed officer includes a reference to the last action taken by the officer who purported to be the prescribed officer for the disciplinary proceeding.\n(sec.11.49-ssec.4) Before continuing the disciplinary proceeding, the commissioner may specify a new officer as the prescribed officer to whom the affected referral was made, regardless of whether a prescribed officer was properly specified for the referral when first made.","sortOrder":378},{"sectionNumber":"sec.11.50","sectionType":"section","heading":"Right to review by tribunal","content":"### sec.11.50 Right to review by tribunal\n\nThis section applies if, on or after 15 June 2022, a subject officer was given a QCAT information notice for a disciplinary decision relating to an affected referral, unless—\nthe officer applied to the tribunal for a review of the decision; and\nthe tribunal made a decision on the application concluding the review.\nWithin 14 days after the commencement, the commissioner must give the subject officer and the CCC a new QCAT information notice for the disciplinary decision.\nSubsection (4) applies if, after receiving the new QCAT information notice, the subject officer applies to the tribunal for a review of the disciplinary decision.\nFor the purpose of the tribunal reviewing the disciplinary decision, the Crime and Corruption Act 2001 , chapter 5 , part 3 applies with the following changes—\nthe subject officer is taken to be the aggrieved person;\nthe disciplinary decision is taken to be the reviewable decision;\nthe application for the review must be made within 28 days after the subject officer is given the QCAT information notice under subsection (2).\nAlso, the tribunal must have regard to the action, if any, taken by the commissioner under section 11.51(2) or (7) in relation to the disciplinary decision.\nThe giving of a QCAT information notice under subsection (2) does not affect the day the disciplinary decision has effect under section 11.46.\nNo application fee is payable by the subject officer if, before the commencement, the officer paid an application fee for a review by the tribunal of the same disciplinary decision.\nIn this section—\napplication fee means the fee payable under the QCAT Act , section 38 for an application for review by the tribunal of a disciplinary decision.\ndisciplinary decision means a decision made under section 7.27(2) or 7.30(2).\ns 11.50 ins 2023 No. 21 s 61\n(sec.11.50-ssec.1) This section applies if, on or after 15 June 2022, a subject officer was given a QCAT information notice for a disciplinary decision relating to an affected referral, unless— the officer applied to the tribunal for a review of the decision; and the tribunal made a decision on the application concluding the review.\n(sec.11.50-ssec.2) Within 14 days after the commencement, the commissioner must give the subject officer and the CCC a new QCAT information notice for the disciplinary decision.\n(sec.11.50-ssec.3) Subsection (4) applies if, after receiving the new QCAT information notice, the subject officer applies to the tribunal for a review of the disciplinary decision.\n(sec.11.50-ssec.4) For the purpose of the tribunal reviewing the disciplinary decision, the Crime and Corruption Act 2001 , chapter 5 , part 3 applies with the following changes— the subject officer is taken to be the aggrieved person; the disciplinary decision is taken to be the reviewable decision; the application for the review must be made within 28 days after the subject officer is given the QCAT information notice under subsection (2).\n(sec.11.50-ssec.5) Also, the tribunal must have regard to the action, if any, taken by the commissioner under section 11.51(2) or (7) in relation to the disciplinary decision.\n(sec.11.50-ssec.6) The giving of a QCAT information notice under subsection (2) does not affect the day the disciplinary decision has effect under section 11.46.\n(sec.11.50-ssec.7) No application fee is payable by the subject officer if, before the commencement, the officer paid an application fee for a review by the tribunal of the same disciplinary decision.\n(sec.11.50-ssec.8) In this section— application fee means the fee payable under the QCAT Act , section 38 for an application for review by the tribunal of a disciplinary decision. disciplinary decision means a decision made under section 7.27(2) or 7.30(2).\n- (a) the officer applied to the tribunal for a review of the decision; and\n- (b) the tribunal made a decision on the application concluding the review.\n- (a) the subject officer is taken to be the aggrieved person;\n- (b) the disciplinary decision is taken to be the reviewable decision;\n- (c) the application for the review must be made within 28 days after the subject officer is given the QCAT information notice under subsection (2).","sortOrder":379},{"sectionNumber":"sec.11.51","sectionType":"section","heading":"Remedial action by commissioner","content":"### sec.11.51 Remedial action by commissioner\n\nThis section applies if the imposition of a disciplinary sanction or professional development strategy on a subject officer is, as subsequent action, validated under section 11.46.\nThe commissioner must take all action ( remedial action ) necessary to impose the disciplinary sanction or professional development strategy from the day it has effect under section 11.46.\nWithout limiting subsection (2), the commissioner may take the following remedial action—\nrecover an amount paid to the subject officer that would not have been paid had the disciplinary sanction had effect before the commencement;\nexercise the powers of a prescribed officer in imposing the disciplinary sanction under part 7, division 5, including, for example, imposing conditions on probation;\nif the disciplinary sanction imposed on the subject officer is a fine—recover the fine in accordance with section 7.40.\nAn amount may be recovered under subsection (3)(a) by—\ndeducting the amount from the subject officer’s fortnightly salary; or\nrecovering the amount from the subject officer as a debt payable to the State.\nA deduction mentioned in subsection (4)(a) must not be made at a rate of more than 2 penalty units each fortnight without the written consent of the subject officer.\nSubsection (3)(a) does not apply to amounts paid to the subject officer for duties actually performed by the officer.\namounts paid to the subject officer for performing the duties of a sergeant during a period after the officer is taken to have been demoted to a senior constable\namounts paid to the subject officer for working during the period for which the officer is taken to have been suspended\nDespite subsection (2), the commissioner may refrain from taking any or all remedial action if the commissioner is satisfied—\ntaking the action would cause excessive hardship to the subject officer; and\nrefraining from taking the action because of the excessive hardship is in the public interest.\nThe commissioner may only delegate the commissioner’s power under subsection (7) to a police officer of the rank of deputy commissioner.\nTo remove any doubt, it is declared that the commissioner may act under subsection (7) even if that action would, in effect, negate the imposition of the disciplinary sanction.\ns 11.51 ins 2023 No. 21 s 61\n(sec.11.51-ssec.1) This section applies if the imposition of a disciplinary sanction or professional development strategy on a subject officer is, as subsequent action, validated under section 11.46.\n(sec.11.51-ssec.2) The commissioner must take all action ( remedial action ) necessary to impose the disciplinary sanction or professional development strategy from the day it has effect under section 11.46.\n(sec.11.51-ssec.3) Without limiting subsection (2), the commissioner may take the following remedial action— recover an amount paid to the subject officer that would not have been paid had the disciplinary sanction had effect before the commencement; exercise the powers of a prescribed officer in imposing the disciplinary sanction under part 7, division 5, including, for example, imposing conditions on probation; if the disciplinary sanction imposed on the subject officer is a fine—recover the fine in accordance with section 7.40.\n(sec.11.51-ssec.4) An amount may be recovered under subsection (3)(a) by— deducting the amount from the subject officer’s fortnightly salary; or recovering the amount from the subject officer as a debt payable to the State.\n(sec.11.51-ssec.5) A deduction mentioned in subsection (4)(a) must not be made at a rate of more than 2 penalty units each fortnight without the written consent of the subject officer.\n(sec.11.51-ssec.6) Subsection (3)(a) does not apply to amounts paid to the subject officer for duties actually performed by the officer. amounts paid to the subject officer for performing the duties of a sergeant during a period after the officer is taken to have been demoted to a senior constable amounts paid to the subject officer for working during the period for which the officer is taken to have been suspended\n(sec.11.51-ssec.7) Despite subsection (2), the commissioner may refrain from taking any or all remedial action if the commissioner is satisfied— taking the action would cause excessive hardship to the subject officer; and refraining from taking the action because of the excessive hardship is in the public interest.\n(sec.11.51-ssec.8) The commissioner may only delegate the commissioner’s power under subsection (7) to a police officer of the rank of deputy commissioner.\n(sec.11.51-ssec.9) To remove any doubt, it is declared that the commissioner may act under subsection (7) even if that action would, in effect, negate the imposition of the disciplinary sanction.\n- (a) recover an amount paid to the subject officer that would not have been paid had the disciplinary sanction had effect before the commencement;\n- (b) exercise the powers of a prescribed officer in imposing the disciplinary sanction under part 7, division 5, including, for example, imposing conditions on probation;\n- (c) if the disciplinary sanction imposed on the subject officer is a fine—recover the fine in accordance with section 7.40.\n- (a) deducting the amount from the subject officer’s fortnightly salary; or\n- (b) recovering the amount from the subject officer as a debt payable to the State.\n- • amounts paid to the subject officer for performing the duties of a sergeant during a period after the officer is taken to have been demoted to a senior constable\n- • amounts paid to the subject officer for working during the period for which the officer is taken to have been suspended\n- (a) taking the action would cause excessive hardship to the subject officer; and\n- (b) refraining from taking the action because of the excessive hardship is in the public interest.","sortOrder":380},{"sectionNumber":"sec.11.52","sectionType":"section","heading":"Notice before taking remedial action","content":"### sec.11.52 Notice before taking remedial action\n\nThis section applies if the commissioner proposes to take remedial action in relation to the subject officer under section 11.51.\nBefore taking the remedial action, the commissioner must give the subject officer a written notice stating the following information—\nthe remedial action proposed to be taken;\nthe day the remedial action is proposed to begin;\nthat, if the officer believes the remedial action would cause the officer excessive hardship, the officer may, within the response period, give the commissioner a written submission about the hardship.\nIf the subject officer makes a written submission mentioned in subsection (2)(c) within the response period, the commissioner must consider the submission before taking the remedial action.\nIn this section—\nresponse period , for a written notice given to a subject officer under subsection (2), means the period of 21 days after the notice is given to the officer.\ns 11.52 ins 2023 No. 21 s 61\n(sec.11.52-ssec.1) This section applies if the commissioner proposes to take remedial action in relation to the subject officer under section 11.51.\n(sec.11.52-ssec.2) Before taking the remedial action, the commissioner must give the subject officer a written notice stating the following information— the remedial action proposed to be taken; the day the remedial action is proposed to begin; that, if the officer believes the remedial action would cause the officer excessive hardship, the officer may, within the response period, give the commissioner a written submission about the hardship.\n(sec.11.52-ssec.3) If the subject officer makes a written submission mentioned in subsection (2)(c) within the response period, the commissioner must consider the submission before taking the remedial action.\n(sec.11.52-ssec.4) In this section— response period , for a written notice given to a subject officer under subsection (2), means the period of 21 days after the notice is given to the officer.\n- (a) the remedial action proposed to be taken;\n- (b) the day the remedial action is proposed to begin;\n- (c) that, if the officer believes the remedial action would cause the officer excessive hardship, the officer may, within the response period, give the commissioner a written submission about the hardship.","sortOrder":381},{"sectionNumber":"sec.11.53","sectionType":"section","heading":"Division not affected by other action","content":"### sec.11.53 Division not affected by other action\n\nThis division applies regardless of—\nany direction given by the commissioner to the subject officer before the commencement because of the complaint for the affected referral; or\nany action taken against the subject officer before the commencement, under this Act or another Act, because of the complaint for the affected referral.\nAny of the following notices given to the subject officer by the commissioner or a superior officer before the commencement is of no effect—\na notice stating that the affected referral is invalid (however described);\na notice stating that a disciplinary proceeding related to the affected referral is concluded (however described).\ns 11.53 ins 2023 No. 21 s 61\n(sec.11.53-ssec.1) This division applies regardless of— any direction given by the commissioner to the subject officer before the commencement because of the complaint for the affected referral; or any action taken against the subject officer before the commencement, under this Act or another Act, because of the complaint for the affected referral.\n(sec.11.53-ssec.2) Any of the following notices given to the subject officer by the commissioner or a superior officer before the commencement is of no effect— a notice stating that the affected referral is invalid (however described); a notice stating that a disciplinary proceeding related to the affected referral is concluded (however described).\n- (a) any direction given by the commissioner to the subject officer before the commencement because of the complaint for the affected referral; or\n- (b) any action taken against the subject officer before the commencement, under this Act or another Act, because of the complaint for the affected referral.\n- (a) a notice stating that the affected referral is invalid (however described);\n- (b) a notice stating that a disciplinary proceeding related to the affected referral is concluded (however described).","sortOrder":382},{"sectionNumber":"sec.11.54","sectionType":"section","heading":"Judicial review","content":"### sec.11.54 Judicial review\n\nUnless the Supreme Court decides a decision made under this division is affected by jurisdictional error, the decision—\nis final and conclusive; and\ncan not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and\nis not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.\nThe Judicial Review Act 1991 , part 5 applies to a decision made under this division to the extent it is affected by jurisdictional error.\ns 11.54 ins 2023 No. 21 s 61\n(sec.11.54-ssec.1) Unless the Supreme Court decides a decision made under this division is affected by jurisdictional error, the decision— is final and conclusive; and can not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.\n(sec.11.54-ssec.2) The Judicial Review Act 1991 , part 5 applies to a decision made under this division to the extent it is affected by jurisdictional error.\n- (a) is final and conclusive; and\n- (b) can not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and\n- (c) is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.","sortOrder":383},{"sectionNumber":"pt.11-div.17","sectionType":"division","heading":"Transitional provision for Emergency Services Reform Amendment Act 2024","content":"## Transitional provision for Emergency Services Reform Amendment Act 2024","sortOrder":384},{"sectionNumber":"sec.11.55","sectionType":"section","heading":"Advising MRQ and SES members engaged by service of duties of disclosure etc.","content":"### sec.11.55 Advising MRQ and SES members engaged by service of duties of disclosure etc.\n\nThis section applies in relation to a person who, on the commencement, is—\nan MRQ member or SES member; and\na staff member engaged by the service within the meaning of section 5AA.3.\nThe commissioner must tell the person the things mentioned in section 5AA.5(1)(a)(i) and (ii) and give the person the guidelines mentioned in section 5AA.5(1)(b) as soon as practicable after the commencement.\nHowever, subsection (2) applies only if the commissioner considers that the terms of the person’s engagement by the service require the commissioner to comply with subsection (2).\nSection 5AA.5(1) does not apply to the commissioner in relation to the person other than to the extent mentioned in subsection (2).\ns 11.55 ins 2024 No. 18 s 31\n(sec.11.55-ssec.1) This section applies in relation to a person who, on the commencement, is— an MRQ member or SES member; and a staff member engaged by the service within the meaning of section 5AA.3.\n(sec.11.55-ssec.2) The commissioner must tell the person the things mentioned in section 5AA.5(1)(a)(i) and (ii) and give the person the guidelines mentioned in section 5AA.5(1)(b) as soon as practicable after the commencement.\n(sec.11.55-ssec.3) However, subsection (2) applies only if the commissioner considers that the terms of the person’s engagement by the service require the commissioner to comply with subsection (2).\n(sec.11.55-ssec.4) Section 5AA.5(1) does not apply to the commissioner in relation to the person other than to the extent mentioned in subsection (2).\n- (a) an MRQ member or SES member; and\n- (b) a staff member engaged by the service within the meaning of section 5AA.3.","sortOrder":385}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":922},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 1990 scope. Major additions include: Part 5A (alcohol and drug testing, 2003), Part 5AA (integrity checking, 2003), Part 7A (disciplinary declarations against former officers, 2009), and a complete rewrite of Part 7 (discipline process, 2019). The 2019 changes transformed discipline from a relatively simple system to a complex two-track process with CCC oversight. Recent amendments also added protective services officers (2022) and expanded commissioner responsibilities to include Marine Rescue Queensland and State Emergency Service (2024)."},"complexity_factors":["Multiple overlapping employment categories (police officers, staff members, special constables, protective services officers, recruits) with different legal statuses","Extensive cross-referencing to other Acts including Crime and Corruption Act 2001, Public Sector Act 2022, Police Powers and Responsibilities Act 2000, and Industrial Relations Act 2016","Nested conditional logic in disciplinary proceedings with two parallel tracks (abbreviated vs full hearings), multiple time limits, and suspension/revocation mechanisms","Detailed procedural requirements for alcohol/drug testing with tiered limits (no alcohol/low alcohol/general alcohol) and different rules for different roles","Complex delegation framework with restrictions (e.g., commissioner's disciplinary powers cannot be delegated)","Multiple definitions sections with recursive references (e.g., 'relevant person' defined by reference to other defined terms)","Extensive amendment history showing piecemeal evolution (sections with 10+ amendment notes)","Special provisions for covert operatives, critical incidents, and prescribed operations with delayed disciplinary timelines"],"plain_english_summary":"**What this legislation does:**\n\nThis is the **Police Service Administration Act 1990** (Queensland), which establishes and governs the **Queensland Police Service (QPS)**. It covers everything from who can be a police officer to how they're disciplined.\n\n**Key areas:**\n\n- **Establishing the police service** — Creates the QPS as a permanent body, defines its functions (keeping peace, preventing crime, protecting communities), and sets out who belongs to it: police officers (from commissioner down to constables), recruits, and staff members.\n\n- **The Commissioner** — Establishes this top job, how they're appointed (by the Governor in Council with Crime and Corruption Commission input), their 3–5 year term, grounds for removal (corruption, incompetence, criminal conviction), and their extensive powers to run the service.\n\n- **Appointments and ranks** — Sets rules for becoming a police officer: merit-based selection, probation periods, different employment conditions for executive officers vs regular officers, and special categories like \"special constables\" (limited powers) and \"protective services officers\" (building security).\n\n- **Alcohol and drug testing** — Part 5A requires officers and certain staff to submit to testing, with strict limits: no alcohol above 0.02g/210L breath when on duty (0.00g for special emergency response team), and zero tolerance for dangerous drugs. Tests can be random, after critical incidents, or if suspected of being over the limit.\n\n- **Discipline** — Creates a two-track system: \"abbreviated proceedings\" (offers to accept sanctions without full hearing) and full hearings by \"prescribed officers.\" Sanctions range from reprimands and fines to dismissal, demotion, or transfer. The Crime and Corruption Commission oversees and can review decisions.\n\n- **Integrity checks** — Part 5AA lets the commissioner gather criminal history, employment records, and other information to assess if someone is suitable to join or stay in the service.\n\n**Who it affects:**\nAnyone working for or seeking to work for Queensland Police — officers, recruits, staff members, special constables, and even external contractors. It also affects people interacting with police, since it governs police powers and conduct standards.\n\n**Why it matters:**\nThis is the foundational law that keeps Queensland's police accountable, professional, and properly organised. The 2019 overhaul of the discipline system (Part 7) was particularly significant, creating clearer processes for handling misconduct while protecting officers' rights to natural justice."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Originally a straightforward police administration act, it has been expanded significantly to include comprehensive alcohol and drug testing regimes (Part 5A), detailed suitability assessments for all persons engaged by the service (Part 5AA), disciplinary declarations against former officers (Part 7A), extensive information-sharing provisions with other jurisdictions and agencies (Part 10 Divisions 1A, 1B, 1AA), and numerous transitional provisions reflecting ongoing expansion. The Act now governs areas well beyond basic police service administration, such as national identity matching and employment screening for non-police roles."},"complexity_factors":["Over 140 sections plus extensive schedules and transitional provisions","Definitions are in a separate dictionary (schedule 2) with amendment history","Multiple parts with nested subdivisions (e.g., Part 5AA has divisions, Part 7 has subdivisions)","Frequent cross-references to other Queensland Acts (Crime and Corruption Act, Public Sector Act, Police Powers and Responsibilities Act)","Conditional language throughout (e.g., 'if the commissioner reasonably believes', 'subject to section X')","Many exceptions and exemptions (e.g., probation periods, objection to transfers, exemptions from testing)","Long definitions in Part 5A (alcohol and drug testing) with numerous sub-definitions","Extensive transitional provisions covering multiple amendment acts (Part 11 has 17 divisions)","Complex disciplinary process with two pathways (abbreviated and full hearing)","Many amendment notes indicating frequent changes over decades"],"plain_english_summary":"This Act establishes the Queensland Police Service and sets out how it is run. It defines who is in the service (police officers, recruits, and staff like protective services officers and watch-house officers), and what the service does—mainly keeping the peace, preventing crime, and upholding the law. The Act creates the role of Commissioner, who is in charge and can give directions, and covers how officers are appointed, promoted, and disciplined. It includes rules for alcohol and drug testing of officers and staff in certain situations, and a system for checking whether someone is suitable to work for the service. The Act also allows the Commissioner to share police information with other agencies for law enforcement and employment screening, and to use identity-matching services. It makes it an offence to impersonate a police officer, bribe an officer, or misuse police property. Over time, the Act has grown well beyond its original purpose—for example, adding detailed drug testing, background checks for all staff, and information-sharing with other states and countries—so it now covers much more than just the basic running of the police force."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's original 1990 scope was focused on police officers, the Commissioner, and basic service administration. Over time, its scope significantly expanded to include administration of Marine Rescue Queensland, the State Emergency Service, protective services officers, two distinct categories of special constables, and delegation powers extending to fire and emergency management agencies. The Commissioner's responsibilities now formally extend well beyond policing into emergency management coordination, representing a meaningful broadening from the original intent."},"complexity_factors":["Multiple interlocking parts covering appointment, conditions, discipline, transfers, probation, and delegation — each with its own sub-rules and exceptions","Numerous cross-references between sections (e.g., transfer review sections refer back and forth between ss 5.13, 5.13A, 5.13B, 9.3, 9.5) making it difficult to read any section in isolation","Several categories of personnel with different legal statuses and conditions (commissioner, executive officers, commissioned officers, noncommissioned officers, constables, recruits, special constables (two types), staff members, protective services officers, MRQ and SES members)","Multiple external Acts interact with this legislation (Public Sector Act 2022, Crime and Corruption Act 2001, Industrial Relations Act 2016, Disaster Management Act 2003, Fire Services Act 1990, Marine Rescue Queensland Act 2024, State Emergency Service Act 2024, Weapons Act 1990)","Extensive amendment history since 1990 creates interpretive complexity — provisions have been substituted, omitted, relocated and renumbered across more than 15 amending Acts","Layered accountability structure (Minister → Commissioner → officers; plus Crime and Corruption Commission oversight; plus Parliamentary Committee reporting) creates complexity in understanding who can direct whom and under what conditions","Employment conditions for different officer classes are governed by a mix of contracts, industrial instruments, regulations, and this Act — with different rules about which instrument prevails for each class","Probation rules have different timeframes and consequences depending on whether the appointment is new, a promotion, or on a contract basis"],"plain_english_summary":"## What is this law?\n\nThe **Police Service Administration Act 1990** is Queensland's foundational law governing how the Queensland Police Service (QPS) is structured, run, and held accountable. Think of it as the rulebook for the organisation itself — not the rules police use to arrest people, but the rules about who can be a police officer, how they're hired, how the Police Commissioner is appointed and can be removed, and how the whole organisation is managed.\n\n## Who does it affect?\n\n- **Queensland Police Officers** — their ranks, how they're hired, promoted, transferred, disciplined, and what powers they hold\n- **The Police Commissioner** — how they're appointed, their powers, and the grounds on which they can be removed from the job\n- **Government Ministers** — the law defines what directions the Minister responsible for police can give to the Commissioner\n- **The general public** — indirectly, as the law defines what the police are supposed to do (preserve peace, prevent crime, protect communities, respond to emergencies)\n- **Staff members and volunteers** — including civilian staff, protective services officers, Marine Rescue Queensland members, and State Emergency Service members, who are all part of the broader QPS structure\n\n## Key things the law does\n\n1. **Establishes the QPS** — the law formally creates and maintains the Queensland Police Service as a permanent institution\n2. **Defines police functions** — crime prevention, law enforcement, community protection, emergency response, and security of government buildings\n3. **Commissioner's role** — the Commissioner is appointed by the Governor in Council (the Governor acting on cabinet advice), must serve between 3–5 years, and can only be removed on specific grounds (e.g., misconduct, incapacity, criminal conviction)\n4. **Accountability chains** — the Commissioner must report to the Minister, and the Minister can give written directions on policy and staffing. All directions and reports must be recorded in a register that is eventually tabled in Parliament\n5. **Independent oversight** — the Crime and Corruption Commission (an independent anti-corruption body) has a formal role in approving the Commissioner's appointment and removal, adding a check on political interference\n6. **Hiring and promotion rules** — appointments must be merit-based and free from unjust discrimination. There are detailed rules about probation periods, transfers, contracts, and what happens when fixed-term contracts end\n7. **Special constables** — the law creates two types of special constables: 'State officers' (employed in a casual-like capacity) and 'associates' (volunteers or non-employees with limited powers)\n8. **Community partnership** — the law explicitly notes that policing doesn't replace community responsibility for law and order; the QPS is meant to work *with* the community\n\n## Why does it matter?\n\nThis law is the backbone of how Queensland is policed. It determines who has police powers, who oversees the police, and what happens when something goes wrong. For ordinary Queenslanders, it matters because it sets the rules that are supposed to keep police accountable, transparent, and professional."},"issue_detection":{"absurdities":[{"type":"other","section":"sec.4.5(3)(e) and sec.4.5(3)(d)","severity":"medium","reasoning":"Section 4.5(3)(d) lists conviction of an indictable offence and section 4.5(3)(e) lists imprisonment for any offence. A person can be imprisoned for a summary offence. This means the commissioner could be removed for a very minor offence resulting in a short custodial sentence, while a serious but non-imprisonable conviction might not trigger subsection (e). The breadth of 'any offence' in (e) compared to the specificity of 'indictable offence' in (d) creates an internal inconsistency in severity calibration.","confidence":0.72,"description":"Imprisonment for 'any offence' is a ground for removal, but conviction of an indictable offence is separately listed as a ground. Since imprisonment typically follows conviction, these grounds substantially overlap, and imprisonment for a minor summary offence (e.g., a traffic matter) is grounds for removal of the commissioner, creating a disproportionate outcome."},{"type":"other","section":"sec.4.5(5) and sec.4.5(3)(d)","severity":"medium","reasoning":"Section 4.5(6) provides for reinstatement unless removal action is 'pursued diligently to its conclusion'. If a charge is withdrawn or results in acquittal, there is no express provision requiring reinstatement — only the implied entitlement under s4.5(6). The condition for reinstatement hinges on whether removal action was pursued, which may not be initiated if the charge collapses, creating a practical gap.","confidence":0.65,"description":"The commissioner may be suspended if 'charged with' an indictable offence under s4.5(3)(d), but the suspension trigger in s4.5(5) references 'charged with corrupt conduct or an offence referred to in subsection (3)(d)'. This means mere charge (not conviction) triggers suspension, yet the removal ground under s4.5(3)(d) requires actual conviction. The commissioner can thus be suspended indefinitely on a charge that never results in conviction without any clear mechanism compelling their reinstatement if removal proceedings are not 'pursued diligently'."},{"type":"impossible_compliance","section":"sec.2.3(g)(ii)","severity":"low","reasoning":"The standard of 'reasonably sought' is subjective and unbounded. While the word 'reasonably' provides some limitation, the provision as drafted imposes an aspirational duty that cannot be fully performed in practice and creates no clear legal threshold for when the duty is discharged.","confidence":0.6,"description":"The police service's functions include providing services 'reasonably sought of officers by members of the community'. This is an effectively unlimited and open-ended obligation with no boundary, making full compliance impossible — officers could be required to perform any task any community member reasonably seeks."},{"type":"self_contradicting","section":"sec.5.16A(1)","severity":"medium","reasoning":"Salary is a characteristic of an employment relationship. By defining the appointment as neither full-time nor part-time employment, the Act appears to contemplate something akin to casual or voluntary engagement, yet then grants salary entitlements. This creates tension with ordinary employment law concepts and may generate uncertainty about the legal nature of the relationship.","confidence":0.68,"description":"Special constables (State officers) are appointed 'on the basis of employment other than full-time or part-time employment', yet s5.16A(3) provides they are entitled to 'salary, allowances and other remuneration'. Employment that is neither full-time nor part-time is not a recognised employment category under Queensland law, yet the provision simultaneously grants salary entitlements, creating a conceptual contradiction between the employment characterisation and the entitlement to remuneration normally associated with employment."},{"type":"other","section":"sec.5.13B(2)","severity":"low","reasoning":"The objection procedure is housed in s5.13A, not s5.13. Section 5.13B(2)(a) says 'the officer objects to the transfer under s5.13' which is technically incorrect. While a purposive reading would cure this, the literal text misdirects the reader.","confidence":0.82,"description":"Section 5.13B(2) references 'the officer objects to the transfer under section 5.13' but section 5.13 does not contain the objection mechanism — that is in section 5.13A. Section 5.13 merely states the officer must accept the transfer but may object under 5.13A. This is an incorrect cross-reference that could cause compliance uncertainty."},{"type":"self_contradicting","section":"sec.4.8(4)(a) and sec.4.3(1)(c) / sec.5.4(2)(c) / sec.5.7(3)(c) / sec.5.11(1)(c)","severity":"medium","reasoning":"This creates a two-tiered regime where the commissioner must follow industrial instruments for some staff but the most senior personnel are contractually exempt. While this may be a deliberate policy choice, the obligation in s4.8(4)(a) to 'comply with all relevant industrial instruments' sits in tension with the deliberate exclusion of key personnel classes from those instruments.","confidence":0.7,"description":"The commissioner is required under s4.8(4)(a) to 'comply with all relevant industrial instruments', yet the commissioner's own conditions of employment (s4.3(1)(c)), executive officers' conditions (s5.4(2)(c)), commissioned officers on contract (s5.7(3)(c)), and police recruits' conditions (s5.11(1)(c)) are all expressly stated to be 'not subject to any industrial instrument'. The commissioner is thus obliged to comply with industrial instruments in managing the service but is personally and structurally exempt from them."},{"type":"circular_definition","section":"sec.4.12(2)","severity":"low","reasoning":"The judicial notice provision is intended to assist in authenticating documents without requiring proof of the commissioner's signature. However, as drafted, the condition triggering judicial notice is that the signature 'appears' on the document — which requires prior identification of the signature as genuine, defeating the purpose of the provision.","confidence":0.55,"description":"Section 4.12(2) requires courts to take judicial notice of the commissioner's signature 'if the signature or seal appears on a document made for the purposes of judicial proceedings'. The provision lists items (a), (b), and (c) but the conditional 'if' clause at the end of the subsection is grammatically connected to the entire list, making the judicial notice obligation contingent on the signature appearing — yet the notice is meant to authenticate the signature itself. This creates a circularity: you must already recognise the signature to trigger the obligation to recognise it."},{"type":"impossible_compliance","section":"sec.5.13A(5) and sec.5.13A(6) and sec.5.13A(7)","severity":"medium","reasoning":"If an officer prematurely applies for a transfer review before receiving written reasons of rejection, they lose the objection right under s5.13A(7) but the review clock under s5.13A(6) has not started. The Act provides no remedy for this scenario and does not prevent early filing of a review application.","confidence":0.73,"description":"Section 5.13A creates a mutually exclusive but poorly sequenced interplay between the objection mechanism and the transfer review. Under s5.13A(7), once an officer applies for a transfer review they cannot proceed with an objection. Under s5.13A(6), the time for a transfer review application does not start until the commissioner gives written reasons rejecting the objection. But under s5.13A(5)(b), the right to object is limited once the officer applies for a transfer review. This means the two procedures are designed to be sequential, yet the Act does not prevent an officer from applying for a review before receiving written reasons, creating a procedural trap where the review clock may not have started but the objection right is extinguished."}],"contradictions":[{"severity":"medium","section_a":"sec.3.2(2)","section_b":"sec.5.8(3)","confidence":0.78,"description":"Section 3.2(2) provides that a noncommissioned officer or constable 'has and is to perform the duties of a constable at common law or under any other Act or law'. Section 5.8(3) provides that while a person acts as a commissioned officer, 'the person is relieved of the duties of a constable at common law or under any Act or law'. If a constable or noncommissioned officer is appointed to act as a commissioned officer under s5.8, these provisions directly conflict — s3.2(2) imposes the duty and s5.8(3) relieves it. Section 5.8(3) would prevail as the more specific provision, but the conflict is not expressly resolved."},{"severity":"medium","section_a":"sec.4.8(4)(a)","section_b":"sec.4.3(1)(c)","confidence":0.75,"description":"Section 4.8(4)(a) requires the commissioner to 'comply with all relevant industrial instruments and determinations and rules made by an industrial authority' in discharging the prescribed responsibility. Section 4.3(1)(c) expressly provides that the commissioner's conditions of employment 'are not subject to any industrial instrument or any determination or rule of an industrial authority'. This creates a direct contradiction: the commissioner must follow industrial instruments in performing the role but is personally exempt from them."},{"severity":"low","section_a":"sec.2.5A","section_b":"sec.2.5(1)(a)","confidence":0.55,"description":"Section 2.5A states that police officers, police recruits and special constables are employed under this Act and not the Public Sector Act 2022. Section 2.5(1)(a) includes as staff members 'officers of the public service assigned to perform duties in the police service', who are employed under the Public Sector Act 2022. The boundary is clear in principle, but s2.2(1) defines the Queensland Police Service as consisting of police officers, police recruits and staff members — meaning public service officers assigned to the QPS are members of the service but employed under different legislation. While not directly contradictory, the combined effect of these provisions means staff members subject to the commissioner's directions (s2.5(2)) have different statutory bases for their employment, which may create inconsistency in how disciplinary and conduct provisions of this Act apply to them."},{"severity":"low","section_a":"sec.5.13(1)","section_b":"sec.5.13B(1)","confidence":0.6,"description":"Section 5.13(1) states a police officer 'must accept the transfer, even if the officer has not applied for it', imposing an immediate obligation. Section 5.13B(1) prohibits the commissioner from directing the officer to attend for duty until after objection and review periods have elapsed. While the Act intends these to coexist, the obligation to 'accept' the transfer under s5.13(1) is in practical tension with the delay in duty attendance mandated by s5.13B(1), since acceptance of a transfer ordinarily connotes attending for duty."},{"severity":"high","section_a":"sec.4.6(2)","section_b":"sec.4.8(1)","confidence":0.82,"description":"Section 4.6(2) allows the Minister to give directions to the commissioner concerning the 'overall administration, management, and superintendence' of the police service, and section 4.8(1) makes the commissioner 'responsible for the efficient and proper administration, management and functioning of the police service in accordance with law'. If the commissioner follows a ministerial direction that results in inefficient or improper administration, the commissioner remains legally responsible under s4.8(1) despite being compelled to comply under s4.6(3). The Act does not provide the commissioner any protection from this responsibility when following ministerial directions."},{"severity":"medium","section_a":"sec.5.16A(5)(a)","section_b":"sec.5.16A(5)(b)","confidence":0.7,"description":"Section 5.16A(5) establishes a seniority hierarchy for special constables (State officers): (a) a special constable (State officer) is senior to a constable on probation, and (b) an officer other than a constable on probation is senior to a special constable (State officer). This means the special constable (State officer) ranks between a constable on probation and a confirmed constable. However, under s2.2(2)(f) a special constable (State officer) is listed as a police officer alongside constables under (e), with no rank ordering between them expressed in s2.2. The rank ordering implied by s5.16A(5) contradicts the flat listing in s2.2(2), potentially creating confusion about command authority under s2.3AA."}]}},"importantCases":[],"_links":{"self":"/api/acts/police-service-administration-act-1990","history":"/api/acts/police-service-administration-act-1990/history","analysis":"/api/acts/police-service-administration-act-1990/analysis","conflicts":"/api/acts/police-service-administration-act-1990/conflicts","importantCases":"/api/acts/police-service-administration-act-1990/important-cases","documents":"/api/acts/police-service-administration-act-1990/documents"}}