QLDIn ForceAct
Police Service Administration Act 1990
sec.7.27Decision about whether disciplinary charge is proved
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### sec.7.27 Decision about whether disciplinary charge is proved
This section applies if—
either—
the required period under section 7 .26 has ended; or
a written submission has been given to the prescribed officer by the subject officer under section 7 .26(1); and
the prescribed officer has considered any written submission and other materials given to the prescribed officer by the subject officer under section 7 .26(1).
The prescribed officer must decide whether the disciplinary charge, or another ground for disciplinary action, is proved.
Subsection (4) applies if—
the prescribed officer is not reasonably satisfied the disciplinary charge, or another ground for disciplinary action, is proved; or
the prescribed officer—
is reasonably satisfied the disciplinary charge, or another ground for disciplinary action, is proved; but
does not propose to impose a disciplinary sanction or professional development strategy on the subject officer.
Within 14 days after making the decision, the prescribed officer must—
for a decision mentioned in subsection (3) (a) —
give the subject officer written notice of the decision; and
give the CCC a QCAT information notice for the decision; or
for a decision mentioned in subsection (3) (b) —give the subject officer and the CCC a QCAT information notice for the decision.
If the prescribed officer is satisfied the disciplinary charge or another ground for disciplinary action is proved, see also section 7 .31 for the requirement to give a QCAT information notice for—
the decision that the disciplinary charge, or another ground for disciplinary action, is proved
the decision to impose, or not to impose, a disciplinary sanction or professional development strategy.
See the Crime and Corruption Act 2001 , chapter 5 , part 3 in relation to review by QCAT of the decisions mentioned in subsection (3) .
s 7.27 ins 2019 No. 32 s 9
(sec.7.27-ssec.1) This section applies if— either— the required period under section 7 .26 has ended; or a written submission has been given to the prescribed officer by the subject officer under section 7 .26(1); and the prescribed officer has considered any written submission and other materials given to the prescribed officer by the subject officer under section 7 .26(1).
(sec.7.27-ssec.2) The prescribed officer must decide whether the disciplinary charge, or another ground for disciplinary action, is proved.
(sec.7.27-ssec.3) Subsection (4) applies if— the prescribed officer is not reasonably satisfied the disciplinary charge, or another ground for disciplinary action, is proved; or the prescribed officer— is reasonably satisfied the disciplinary charge, or another ground for disciplinary action, is proved; but does not propose to impose a disciplinary sanction or professional development strategy on the subject officer.
(sec.7.27-ssec.4) Within 14 days after making the decision, the prescribed officer must— for a decision mentioned in subsection (3) (a) — give the subject officer written notice of the decision; and give the CCC a QCAT information notice for the decision; or for a decision mentioned in subsection (3) (b) —give the subject officer and the CCC a QCAT information notice for the decision. If the prescribed officer is satisfied the disciplinary charge or another ground for disciplinary action is proved, see also section 7 .31 for the requirement to give a QCAT information notice for— the decision that the disciplinary charge, or another ground for disciplinary action, is proved the decision to impose, or not to impose, a disciplinary sanction or professional development strategy. See the Crime and Corruption Act 2001 , chapter 5 , part 3 in relation to review by QCAT of the decisions mentioned in subsection (3) .
- (a) either— (i) the required period under section 7 .26 has ended; or (ii) a written submission has been given to the prescribed officer by the subject officer under section 7 .26(1); and
- (i) the required period under section 7 .26 has ended; or
- (ii) a written submission has been given to the prescribed officer by the subject officer under section 7 .26(1); and
- (b) the prescribed officer has considered any written submission and other materials given to the prescribed officer by the subject officer under section 7 .26(1).
- (i) the required period under section 7 .26 has ended; or
- (ii) a written submission has been given to the prescribed officer by the subject officer under section 7 .26(1); and
- (a) the prescribed officer is not reasonably satisfied the disciplinary charge, or another ground for disciplinary action, is proved; or
- (b) the prescribed officer— (i) is reasonably satisfied the disciplinary charge, or another ground for disciplinary action, is proved; but (ii) does not propose to impose a disciplinary sanction or professional development strategy on the subject officer.
- (i) is reasonably satisfied the disciplinary charge, or another ground for disciplinary action, is proved; but
- (ii) does not propose to impose a disciplinary sanction or professional development strategy on the subject officer.
- (i) is reasonably satisfied the disciplinary charge, or another ground for disciplinary action, is proved; but
- (ii) does not propose to impose a disciplinary sanction or professional development strategy on the subject officer.
- (a) for a decision mentioned in subsection (3) (a) — (i) give the subject officer written notice of the decision; and (ii) give the CCC a QCAT information notice for the decision; or
- (i) give the subject officer written notice of the decision; and
- (ii) give the CCC a QCAT information notice for the decision; or
- (b) for a decision mentioned in subsection (3) (b) —give the subject officer and the CCC a QCAT information notice for the decision.
- (i) give the subject officer written notice of the decision; and
- (ii) give the CCC a QCAT information notice for the decision; or
- 1 If the prescribed officer is satisfied the disciplinary charge or another ground for disciplinary action is proved, see also section 7 .31 for the requirement to give a QCAT information notice for— • the decision that the disciplinary charge, or another ground for disciplinary action, is proved • the decision to impose, or not to impose, a disciplinary sanction or professional development strategy.
- • the decision that the disciplinary charge, or another ground for disciplinary action, is proved
- • the decision to impose, or not to impose, a disciplinary sanction or professional development strategy.
- 2 See the Crime and Corruption Act 2001 , chapter 5 , part 3 in relation to review by QCAT of the decisions mentioned in subsection (3) .
- • the decision that the disciplinary charge, or another ground for disciplinary action, is proved
- • the decision to impose, or not to impose, a disciplinary sanction or professional development strategy.