Education (Queensland College of Teachers) Act 2005
sec.80Requirement for prosecuting authority to notify college about committal, conviction etc.
Start here
Get a plain-English read of sec.80
Turn the raw legal text into a practical explanation grounded in Education (Queensland College of Teachers) Act 2005.
sec.80 Requirement for prosecuting authority to notify college about committal, conviction etc.
This section applies if— a person is charged with an indictable offence; and the commissioner of police or the director of public prosecutions (a prosecuting authority ) believes, on reasonable grounds, that the person is an approved teacher or was, at the time the offence is alleged to have been committed, an approved teacher. If the person is committed for trial for an indictable offence, the prosecuting authority must, within 7 days after the committal, give notice to the college stating the following— the name of the person; the court in which the person was committed; the offence of which the person was committed and particulars of the offence; the date of the committal. If the person is convicted of the indictable offence, the prosecuting authority must, within 7 days after the conviction, give notice to the college stating the following— the name of the person; the court in which the person was convicted; the offence of which the person was convicted and particulars of the offence; the date of the conviction; the penalty imposed by the court. If the prosecution process ends without the person being convicted of the indictable offence for which the person was charged, the prosecuting authority must, within 7 days after the prosecution process ending, give notice to the college stating each of the following— the name of the person; if relevant—the court in which the prosecution process ended; the offence of which the person was charged and particulars of the offence; the date the prosecution process ended; the way in which the prosecution process ended under subsection (5) . For subsection (4) , a prosecution process ends if— the person is acquitted; or there is a mistrial; or the prosecuting authority decides not to continue the prosecution; or the prosecuting authority offers no evidence and the person is not committed for trial a no true bill is presented to a court a nolle prosequi is presented to a court the prosecution process has otherwise ended. A prosecuting authority must give a notice under subsection (3) or (4) even though a notice was given under subsection (2) . s 80 amd 2009 No. 40 s 25 ; 2011 No. 39 s 26 ; 2016 No. 46 s 47 (sec.80-ssec.1) This section applies if— a person is charged with an indictable offence; and the commissioner of police or the director of public prosecutions (a prosecuting authority ) believes, on reasonable grounds, that the person is an approved teacher or was, at the time the offence is alleged to have been committed, an approved teacher. (sec.80-ssec.2) If the person is committed for trial for an indictable offence, the prosecuting authority must, within 7 days after the committal, give notice to the college stating the following— the name of the person; the court in which the person was committed; the offence of which the person was committed and particulars of the offence; the date of the committal. (sec.80-ssec.3) If the person is convicted of the indictable offence, the prosecuting authority must, within 7 days after the conviction, give notice to the college stating the following— the name of the person; the court in which the person was convicted; the offence of which the person was convicted and particulars of the offence; the date of the conviction; the penalty imposed by the court. (sec.80-ssec.4) If the prosecution process ends without the person being convicted of the indictable offence for which the person was charged, the prosecuting authority must, within 7 days after the prosecution process ending, give notice to the college stating each of the following— the name of the person; if relevant—the court in which the prosecution process ended; the offence of which the person was charged and particulars of the offence; the date the prosecution process ended; the way in which the prosecution process ended under subsection (5) . (sec.80-ssec.5) For subsection (4) , a prosecution process ends if— the person is acquitted; or there is a mistrial; or the prosecuting authority decides not to continue the prosecution; or the prosecuting authority offers no evidence and the person is not committed for trial a no true bill is presented to a court a nolle prosequi is presented to a court the prosecution process has otherwise ended. (sec.80-ssec.6) A prosecuting authority must give a notice under subsection (3) or (4) even though a notice was given under subsection (2) .