QLDIn ForceAct
Police Service Administration Act 1990
sec.11.21Existing disciplinary proceedings—application of new pt 7 in particular circumstances
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### sec.11.21 Existing disciplinary proceedings—application of new pt 7 in particular circumstances
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.
Previous section 7.4(2A) and (3) does not apply in relation to the finding.
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.
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.
s 11.21 ins 2019 No. 32 s 17
(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.
(sec.11.21-ssec.2) Previous section 7.4(2A) and (3) does not apply in relation to the finding.
(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.
(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.
- (a) is a police officer mentioned in section 2.2(a), (b) or (c); and
- (b) on or after the commencement, finds that misconduct or a breach of discipline is, or is not, proved against the officer.
- (a) the officer were the subject officer under new part 7; and
- (b) the allegation to which the proceeding relates were the disciplinary charge; and
- (c) the misconduct or breach of discipline the subject of the finding were a ground for disciplinary action under new section 7.4; and
- (d) the requirements under new part 7, division 2 were satisfied in relation to the disciplinary proceeding.