sec.11.50Right to review by tribunal

### sec.11.50 Right to review by tribunal 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. 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. 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. 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). 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. The giving of a QCAT information notice under subsection (2) does not affect the day the disciplinary decision has effect under section 11.46. 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. 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). s 11.50 ins 2023 No. 21 s 61 (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. (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. (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. (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). (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. (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. (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. (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). - (a) the officer applied to the tribunal for a review of the decision; and - (b) the tribunal made a decision on the application concluding the review. - (a) the subject officer is taken to be the aggrieved person; - (b) the disciplinary decision is taken to be the reviewable decision; - (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).