sec.309Consequence of decision on appeal

sec.309 Consequence of decision on appeal

This section applies if a Magistrates Court hears and decides an appeal against the police commissioner’s decision under section 305 that information given to the chief executive about a person is investigative information. If the court sets aside the decision appealed against, the person may apply under section 304G for the negative notice, issued because of the information, to be cancelled on the grounds the decision to issue the notice was based on wrong information. If the court confirms the decision appealed against— the person who appealed the decision may apply, within 28 days after receiving the notice under section 308 (4) and as otherwise provided under the QCAT Act , to QCAT for a review of a decision of the chief executive if— the person is not a disqualified person; and the decision is a chapter 8 reviewable decision; and the notice under section 308 (4) must state how, and the period within which, the person may apply for the review. If a person applies under subsection (3) (a) to have a decision reviewed, QCAT may not— stay the operation of the decision; or grant an injunction in the proceeding for the review. s 309 ins 2010 No. 5 s 58 amd 2014 No. 28 s 55 ; 2019 No. 18 s 86 (1) sch 1 ; 2024 No. 50 s 79 (sec.309-ssec.1) This section applies if a Magistrates Court hears and decides an appeal against the police commissioner’s decision under section 305 that information given to the chief executive about a person is investigative information. (sec.309-ssec.2) If the court sets aside the decision appealed against, the person may apply under section 304G for the negative notice, issued because of the information, to be cancelled on the grounds the decision to issue the notice was based on wrong information. (sec.309-ssec.3) If the court confirms the decision appealed against— the person who appealed the decision may apply, within 28 days after receiving the notice under section 308 (4) and as otherwise provided under the QCAT Act , to QCAT for a review of a decision of the chief executive if— the person is not a disqualified person; and the decision is a chapter 8 reviewable decision; and the notice under section 308 (4) must state how, and the period within which, the person may apply for the review. (sec.309-ssec.4) If a person applies under subsection (3) (a) to have a decision reviewed, QCAT may not— stay the operation of the decision; or grant an injunction in the proceeding for the review.

• (a) the person who appealed the decision may apply, within 28 days after receiving the notice under section 308 (4) and as otherwise provided under the QCAT Act , to QCAT for a review of a decision of the chief executive if— (i) the person is not a disqualified person; and (ii) the decision is a chapter 8 reviewable decision; and
• (i) the person is not a disqualified person; and