sec.7.24New evidence and quashing of proceeding by QCAT

### sec.7.24 New evidence and quashing of proceeding by QCAT 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. The CCC, the commissioner or the subject officer may apply to QCAT for an order quashing the proceeding under this division. 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. 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. 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. s 7.24 ins 2019 No. 32 s 9 (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. (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. (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. (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. (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. - (a) a disciplinary sanction or professional development strategy has been imposed under this division; and - (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. - (a) the new evidence would have had a considerable effect on the disciplinary sanction or professional development strategy imposed; and - (b) it is in the interests of justice to quash the proceeding. - (a) the proceeding is taken to have never occurred; and - (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 - (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. - (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. - (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.