sec.17Promotion—complaint against officer

sec.17 Promotion—complaint against officer

If an officer applies for appointment to a position in the service on promotion, the commissioner may ask the chairman of the Crime and Corruption Commission to comment on the integrity of the officer before the commissioner considers the officer for promotion. Subsection (4) applies if, on a request under subsection (1) , the chairman informs the commissioner there is a current complaint made or referred to the Crime and Corruption Commission under the Crime and Corruption Act 2001 against the officer and the complaint has— credibility; and a proper basis for belief; and a degree of seriousness that would debar the officer from promotion to the position if it were true. It does not matter if the complaint is against more than 1 person. The commissioner must presume the officer does not have the integrity required for promotion to the position. The presumption continues until— the Crime and Corruption Commission— decides to take no action against the officer on the complaint; or decides that action, to deal with the complaint, against the officer be discontinued; or the complaint, so far as it is against the officer, is finalised by— taking disciplinary action against the officer; or QCAT deciding under the Crime and Corruption Act 2001 whether corrupt conduct has been proved against the officer; or starting a prosecution against the officer for an offence relating wholly or partly to the subject matter of the complaint. An entity (for example, a court, tribunal or professional body), other than the commissioner, can not draw an adverse inference about an officer because of a presumption under subsection (4) about the officer. (sec.17-ssec.1) If an officer applies for appointment to a position in the service on promotion, the commissioner may ask the chairman of the Crime and Corruption Commission to comment on the integrity of the officer before the commissioner considers the officer for promotion. (sec.17-ssec.2) Subsection (4) applies if, on a request under subsection (1) , the chairman informs the commissioner there is a current complaint made or referred to the Crime and Corruption Commission under the Crime and Corruption Act 2001 against the officer and the complaint has— credibility; and a proper basis for belief; and a degree of seriousness that would debar the officer from promotion to the position if it were true. (sec.17-ssec.3) It does not matter if the complaint is against more than 1 person. (sec.17-ssec.4) The commissioner must presume the officer does not have the integrity required for promotion to the position. (sec.17-ssec.5) The presumption continues until— the Crime and Corruption Commission— decides to take no action against the officer on the complaint; or decides that action, to deal with the complaint, against the officer be discontinued; or the complaint, so far as it is against the officer, is finalised by— taking disciplinary action against the officer; or QCAT deciding under the Crime and Corruption Act 2001 whether corrupt conduct has been proved against the officer; or starting a prosecution against the officer for an offence relating wholly or partly to the subject matter of the complaint. (sec.17-ssec.6) An entity (for example, a court, tribunal or professional body), other than the commissioner, can not draw an adverse inference about an officer because of a presumption under subsection (4) about the officer.