sec.7.41Suspension of disciplinary sanctions

### sec.7.41 Suspension of disciplinary sanctions This section does not apply if the disciplinary sanction imposed on the subject officer is dismissal or probation. The prescribed officer imposing the disciplinary sanction may wholly or partly suspend the sanction for not more than 12 months— by giving the subject officer written notice of the suspension; and subject to any conditions stated in the notice. If the subject officer complies with the conditions of the suspension— the disciplinary sanction remains part of the subject officer’s disciplinary history but, to the extent it is suspended, is not to be given effect; and when the suspension ends, the disciplinary sanction is taken to have been discharged or satisfied. If the subject officer does not comply with the conditions of the suspension— as soon as reasonably practicable after becoming aware of the non-compliance, the commissioner must give the CCC a written notice stating— details of the non-compliance; and any information known to the commissioner about the reasons for the non-compliance; and a prescribed officer of at least the same rank as the officer who imposed the suspended sanction must give effect to the disciplinary sanction unless the subject officer can show cause why the conditions should be varied or cancelled. A show cause proceeding under subsection (4) (b) must be started within 12 months from the end of the period of the suspension. The prescribed officer conducting a show cause proceeding under subsection (4) (b) must decide to— give effect to the disciplinary sanction; or continue the suspension of the disciplinary sanction and vary the conditions, including by extending the period of the suspension for a further period of not more than 12 months; or continue the suspension and cancel the conditions. The prescribed officer must give the subject officer and the CCC a QCAT information notice for the decision. See the Crime and Corruption Act 2001 , chapter 5 , part 3 in relation to review by QCAT of the decision. s 7.41 ins 2019 No. 32 s 9 (sec.7.41-ssec.1) This section does not apply if the disciplinary sanction imposed on the subject officer is dismissal or probation. (sec.7.41-ssec.2) The prescribed officer imposing the disciplinary sanction may wholly or partly suspend the sanction for not more than 12 months— by giving the subject officer written notice of the suspension; and subject to any conditions stated in the notice. (sec.7.41-ssec.3) If the subject officer complies with the conditions of the suspension— the disciplinary sanction remains part of the subject officer’s disciplinary history but, to the extent it is suspended, is not to be given effect; and when the suspension ends, the disciplinary sanction is taken to have been discharged or satisfied. (sec.7.41-ssec.4) If the subject officer does not comply with the conditions of the suspension— as soon as reasonably practicable after becoming aware of the non-compliance, the commissioner must give the CCC a written notice stating— details of the non-compliance; and any information known to the commissioner about the reasons for the non-compliance; and a prescribed officer of at least the same rank as the officer who imposed the suspended sanction must give effect to the disciplinary sanction unless the subject officer can show cause why the conditions should be varied or cancelled. (sec.7.41-ssec.5) A show cause proceeding under subsection (4) (b) must be started within 12 months from the end of the period of the suspension. (sec.7.41-ssec.6) The prescribed officer conducting a show cause proceeding under subsection (4) (b) must decide to— give effect to the disciplinary sanction; or continue the suspension of the disciplinary sanction and vary the conditions, including by extending the period of the suspension for a further period of not more than 12 months; or continue the suspension and cancel the conditions. (sec.7.41-ssec.7) The prescribed officer must give the subject officer and the CCC a QCAT information notice for the decision. See the Crime and Corruption Act 2001 , chapter 5 , part 3 in relation to review by QCAT of the decision. - (a) by giving the subject officer written notice of the suspension; and - (b) subject to any conditions stated in the notice. - (a) the disciplinary sanction remains part of the subject officer’s disciplinary history but, to the extent it is suspended, is not to be given effect; and - (b) when the suspension ends, the disciplinary sanction is taken to have been discharged or satisfied. - (a) as soon as reasonably practicable after becoming aware of the non-compliance, the commissioner must give the CCC a written notice stating— (i) details of the non-compliance; and (ii) any information known to the commissioner about the reasons for the non-compliance; and - (i) details of the non-compliance; and - (ii) any information known to the commissioner about the reasons for the non-compliance; and - (b) a prescribed officer of at least the same rank as the officer who imposed the suspended sanction must give effect to the disciplinary sanction unless the subject officer can show cause why the conditions should be varied or cancelled. - (i) details of the non-compliance; and - (ii) any information known to the commissioner about the reasons for the non-compliance; and - (a) give effect to the disciplinary sanction; or - (b) continue the suspension of the disciplinary sanction and vary the conditions, including by extending the period of the suspension for a further period of not more than 12 months; or - (c) continue the suspension and cancel the conditions.