QLDIn ForceAct
Crime and Corruption Act 2001
sec.219IAQCAT powers for prescribed persons whose employment or appointment ends
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### sec.219IA QCAT powers for prescribed persons whose employment or appointment ends
This section applies to a prescribed person defined in section 50 (3) , definition prescribed person , paragraph (a) (ii) or (b)(ii).
QCAT may, on a finding of corrupt conduct being proved against a prescribed person, make a disciplinary declaration and may not take any other disciplinary action.
QCAT may only make a disciplinary declaration if the order QCAT would have made under section 219I (4) if the prescribed person’s employment or appointment had not ended would have been—
if the prescribed person is a former officer, that the prescribed person—
be dismissed; or
be suspended from duty without pay for at least 3 months; or
be placed on probation; or
be demoted, whether permanently or for a particular period; or
otherwise, that the prescribed person—
be dismissed; or
be reduced in rank.
A disciplinary declaration made under this section does not affect the way in which the prescribed person’s employment or appointment ended or the benefits, rights and liabilities arising because the employment ended.
In this section—
disciplinary declaration means a declaration of—
the disciplinary finding against the prescribed person; and
the order QCAT would have made under section 219I (1) if the prescribed person’s employment or appointment had not ended.
s 219IA ins 2009 No. 25 s 62
amd 2014 No. 21 s 94 (1) sch 1 ; 2018 No. 29 s 23 ; 2019 No. 32 s 25
(sec.219IA-ssec.1) This section applies to a prescribed person defined in section 50 (3) , definition prescribed person , paragraph (a) (ii) or (b)(ii).
(sec.219IA-ssec.2) QCAT may, on a finding of corrupt conduct being proved against a prescribed person, make a disciplinary declaration and may not take any other disciplinary action.
(sec.219IA-ssec.3) QCAT may only make a disciplinary declaration if the order QCAT would have made under section 219I (4) if the prescribed person’s employment or appointment had not ended would have been— if the prescribed person is a former officer, that the prescribed person— be dismissed; or be suspended from duty without pay for at least 3 months; or be placed on probation; or be demoted, whether permanently or for a particular period; or otherwise, that the prescribed person— be dismissed; or be reduced in rank.
(sec.219IA-ssec.4) A disciplinary declaration made under this section does not affect the way in which the prescribed person’s employment or appointment ended or the benefits, rights and liabilities arising because the employment ended.
(sec.219IA-ssec.5) In this section— disciplinary declaration means a declaration of— the disciplinary finding against the prescribed person; and the order QCAT would have made under section 219I (1) if the prescribed person’s employment or appointment had not ended.
- (a) if the prescribed person is a former officer, that the prescribed person— (i) be dismissed; or (ii) be suspended from duty without pay for at least 3 months; or (iii) be placed on probation; or (iv) be demoted, whether permanently or for a particular period; or
- (i) be dismissed; or
- (ii) be suspended from duty without pay for at least 3 months; or
- (iii) be placed on probation; or
- (iv) be demoted, whether permanently or for a particular period; or
- (b) otherwise, that the prescribed person— (i) be dismissed; or (ii) be reduced in rank.
- (i) be dismissed; or
- (ii) be reduced in rank.
- (i) be dismissed; or
- (ii) be suspended from duty without pay for at least 3 months; or
- (iii) be placed on probation; or
- (iv) be demoted, whether permanently or for a particular period; or
- (i) be dismissed; or
- (ii) be reduced in rank.
- (a) the disciplinary finding against the prescribed person; and
- (b) the order QCAT would have made under section 219I (1) if the prescribed person’s employment or appointment had not ended.