sec.7.36Probation

### sec.7.36 Probation This section applies if the disciplinary sanction imposed on the subject officer is probation. The prescribed officer may impose conditions on the probation. Without limiting the QCAT Act , section 157 (2) , the information notice for the decision to impose the disciplinary sanction given to the subject officer under section 7 .31(1)(b) must state— the period and any conditions of the probation; and that the subject officer may be asked to show cause as to why the officer should not be dismissed if— the subject officer breaches the probation; or the commissioner reasonably believes the subject officer is unsuitable to continue to be a police officer. The purpose of the probation is to enable— during the period of the probation, the commissioner to assess the subject officer’s suitability to continue to be a police officer; and if, during the period of the probation, the subject officer breaches the probation or the commissioner reasonably believes the subject officer is unsuitable to continue to be a police officer—the dismissal of the subject officer after conducting a show cause proceeding. For this section, the subject officer breaches the probation if, during the period of the probation, the subject officer— commits misconduct; or fails without a reasonable excuse to comply with a condition of the probation. A show cause proceeding for dismissal of the subject officer on a ground mentioned in subsection (3) (b) must— be conducted by a prescribed officer who is authorised under this division to impose a disciplinary sanction of probation; and be started within 12 months from the date of the breach; and observe the rules of natural justice. The prescribed officer who conducts the show cause proceeding must give the subject officer and the CCC a QCAT information notice for the decision to dismiss, or not to dismiss, the subject officer. See the Crime and Corruption Act 2001 , chapter 5 , part 3 in relation to review by QCAT of the decision. s 7.36 ins 2019 No. 32 s 9 (sec.7.36-ssec.1) This section applies if the disciplinary sanction imposed on the subject officer is probation. (sec.7.36-ssec.2) The prescribed officer may impose conditions on the probation. (sec.7.36-ssec.3) Without limiting the QCAT Act , section 157 (2) , the information notice for the decision to impose the disciplinary sanction given to the subject officer under section 7 .31(1)(b) must state— the period and any conditions of the probation; and that the subject officer may be asked to show cause as to why the officer should not be dismissed if— the subject officer breaches the probation; or the commissioner reasonably believes the subject officer is unsuitable to continue to be a police officer. (sec.7.36-ssec.4) The purpose of the probation is to enable— during the period of the probation, the commissioner to assess the subject officer’s suitability to continue to be a police officer; and if, during the period of the probation, the subject officer breaches the probation or the commissioner reasonably believes the subject officer is unsuitable to continue to be a police officer—the dismissal of the subject officer after conducting a show cause proceeding. (sec.7.36-ssec.5) For this section, the subject officer breaches the probation if, during the period of the probation, the subject officer— commits misconduct; or fails without a reasonable excuse to comply with a condition of the probation. (sec.7.36-ssec.6) A show cause proceeding for dismissal of the subject officer on a ground mentioned in subsection (3) (b) must— be conducted by a prescribed officer who is authorised under this division to impose a disciplinary sanction of probation; and be started within 12 months from the date of the breach; and observe the rules of natural justice. (sec.7.36-ssec.7) The prescribed officer who conducts the show cause proceeding must give the subject officer and the CCC a QCAT information notice for the decision to dismiss, or not to dismiss, the subject officer. See the Crime and Corruption Act 2001 , chapter 5 , part 3 in relation to review by QCAT of the decision. - (a) the period and any conditions of the probation; and - (b) that the subject officer may be asked to show cause as to why the officer should not be dismissed if— (i) the subject officer breaches the probation; or (ii) the commissioner reasonably believes the subject officer is unsuitable to continue to be a police officer. - (i) the subject officer breaches the probation; or - (ii) the commissioner reasonably believes the subject officer is unsuitable to continue to be a police officer. - (i) the subject officer breaches the probation; or - (ii) the commissioner reasonably believes the subject officer is unsuitable to continue to be a police officer. - (a) during the period of the probation, the commissioner to assess the subject officer’s suitability to continue to be a police officer; and - (b) if, during the period of the probation, the subject officer breaches the probation or the commissioner reasonably believes the subject officer is unsuitable to continue to be a police officer—the dismissal of the subject officer after conducting a show cause proceeding. - (a) commits misconduct; or - (b) fails without a reasonable excuse to comply with a condition of the probation. - (a) be conducted by a prescribed officer who is authorised under this division to impose a disciplinary sanction of probation; and - (b) be started within 12 months from the date of the breach; and - (c) observe the rules of natural justice.