Police Service Administration Act 1990

An Act to provide for the Queensland Police Service and its administration

1.1Short title

This Act may be cited as the Police Service Administration Act 1990.

1.2Commencement

(1)Section 1.1 and this section commence on the day this Act is assented to for and on behalf of Her Majesty.

(2)Except as provided in subsection (1), the provisions of this Act, or such of them as are specified in the proclamation, commence on the day or days appointed by proclamation for commencement of those provisions.

1.3Objects

The objects of this Act are to provide for the following—

(a)the maintenance of the Queensland Police Service;

(b)the membership of the service;

(c)the development and administration of the service.

1.4Definitions

The dictionary in schedule 2 defines particular words used in this Act.

s 1.4 amd 1992 No. 36 s 2 sch 1

sub 1993 No. 77 s 2 sch 1; 2023 No. 7 s 28 (1)–(2)

amd 2023 No. 7 s 53 (1), (5)

Note—s 1.4 contained definitions for this Act. Definitions are now located in schedule 2 (Dictionary). History notes for definitions contained in s 1.4 are located in the history notes for sch 2.

1.5Meaning of tenure not limited by time

A person is appointed to a position on a tenure not limited by time if the appointment does not specify an appointment period.

s 1.5 ins 1993 No. 77 s 2 sch 1

2.1Maintenance of service

There is to be maintained at all times in the State a body of persons under the name and style ‘Queensland Police Service’.

2.2Membership of service

(1)The Queensland Police Service consists of police officers, police recruits and staff members.

(2)Police officers are—

(a)the commissioner of the police service;

(b)the persons holding appointment as an executive police officer;

(c)the persons holding appointment as a commissioned police officer;

(d)the persons holding appointment as a noncommissioned police officer;

(e)the persons holding appointment as a constable;

(f)the persons holding appointment as a special constable (State officer).

s 2.2 amd 1993 No. 77 s 2 sch 1; 2023 No. 10 s 32C

2.3Functions of service

The functions of the police service are the following—

(a)the preservation of peace and good order—

(i)in all areas of the State; and

(ii)in all areas outside the State where the laws of the State may lawfully be applied, when occasion demands;

(b)the protection of all communities in the State and all members thereof—

(i)from unlawful disruption of peace and good order that results, or is likely to result, from—

(A)actions of criminal offenders;

(B)actions or omissions of other persons;

(ii)from commission of offences against the law generally;

(c)the prevention of crime;

(d)the detection of offenders and bringing of offenders to justice;

(e)the upholding of the law generally;

(f)the administration, in a responsible, fair and efficient manner and subject to due process of law and directions of the commissioner, of—

(i)the provisions of the Criminal Code;

(ii)the provisions of all other Acts or laws for the time being committed to the responsibility of the service;

(iii)the powers, duties and discretions prescribed for officers by any Act;

(g)the provision of the services, and the rendering of help reasonably sought, in an emergency or otherwise, as are—

(i)required of officers under any Act or law or the reasonable expectations of the community; or

(ii)reasonably sought of officers by members of the community;

(h)the provision of services for the security of state buildings.

s 2.3 amd 2000 No. 5 s 461 sch 3; 2022 No. 9 s 33

2.3APresence of police officers at fire or chemical incident

(1)On receiving information of the occurrence of an incident requiring the attendance of fire authority officers, the commissioner or the police officer in charge, at the time, of the police station nearest to the location of the incident must immediately send as many police officers as are considered necessary to preserve order and to help at the incident.

(2)In this section—

fire authority officer means a fire service officer under the Fire and Emergency Services Act 1990.

incident means—

(a)a fire; or

(b)a chemical incident under the Fire and Emergency Services Act 1990.

s 2.3A ins 2000 No. 5 s 461 sch 3

amd 2003 No. 19 s 3 sch; 2014 No. 17 s 116

2.3AAResponsibility for command

At any incident—

(a)that calls for action by police; and

(b)at which officers are present;

the officer who is responsible for taking such action, and for action taken, is the senior officer who is present.

s 2.3AA (prev s 7.1) amd 1998 No. 19 s 6; 2019 No. 32 s 6 (1)–(2)

reloc and renum 2019 No. 32 s 6 (3)

2.4Community responsibility preserved

(1)The prescription of any function as one of the functions of the police service does not relieve or derogate from the responsibility and functions appropriately had by the community at large and the members thereof in relation to—

(a)the preservation of peace and good order; and

(b)the prevention, detection and punishment of breaches of the law.

(2)In performance of the functions of the police service, members of the service are to act in partnership with the community at large to the extent compatible with efficient and proper performance of those functions.

2.5Administration of staff members

(1)Staff members are—

(a)officers of the public service assigned to perform duties in the police service; and

(b)persons appointed as staff members by the commissioner under—

(i)section 8.3(5); or

(ii)the Public Sector Act 2022, chapter 4, part 2; and

(c)protective services officers and protective services officers (in training).

(2)While performing duties in the service, a staff member is subject to the commissioner’s directions.

s 2.5 sub 1993 No. 77 s 2 sch 1

amd 1996 No. 37 s 147 sch 2; 2009 No. 25 s 83 sch; 2022 No. 34 s 365 sch 3; 2022 No. 9 s 34

2.5A Officers etc. employed under this Act

Police officers, police recruits and special constables are employed under this Act and not the Public Service Act 2008.

s 2.5A ins 1996 No. 37 s 147 sch 2

amd 2009 No. 25 s 83 sch; 2022 No. 34 s 365 sch 3

sub 2023 No. 7 s 29

3.1Meaning of officer in part

In this part—

officer includes a special constable (associate).

s 3.1 sub 1993 No. 77 s 2 sch 1

amd 2023 No. 10 s 32D

3.2Relation to office of constable

(1)Subject to section 2.3AA where it applies, in performance of the duties of office, an officer is subject to the directions and orders of the commissioner and to the orders of any superior officer.

(2)A noncommissioned officer or a constable has and may exercise the powers, and has and is to perform the duties of a constable at common law or under any other Act or law.

(3)An officer other than one referred to in subsection (2) has and may exercise the powers of a constable at common law or under any other Act or law.

(4)Except as prescribed by this section and section 6.4, this Act does not, in relation to any officer, derogate from the powers, obligations and liabilities of a constable at common law or under any other Act or law.

(5)This section—

(a)applies to a special constable (State officer) subject to section 5.16A(4); and

(b)applies to a special constable (associate) subject to section 5.16B(1)(c).

s 3.2 amd 2019 No. 32 s 32 sch 1; 2023 No. 10 s 32E

3.3Oath of office

Before a person begins to perform duty as an officer, the person is to take, or make, and subscribe the oath or affirmation prescribed by regulation.

s 3.3 amd 1993 No. 77 s 2 sch 1

3.4Proof of office

If a question arises as to a person’s identity as an officer, or to a person’s entitlement to exercise the powers or to perform the duties of an officer—

(a)the general reputation of a person, who is an officer, as being an officer is evidence of that identity and entitlement; and

(b)the absence of, or failure to produce, any written appointment or other documentary proof to establish that identity or entitlement does not prejudice or otherwise affect the exercise of the powers or the performance of the duties by a person who is an officer.

3.7Termination of powers

Powers had by a person as an officer terminate immediately on the person ceasing, by whatever means, to be an officer.

4.1Establishment of office

There is hereby established the office of the commissioner of the police service.

4.2Appointment

(1)The Governor in Council may, on a recommendation agreed to by the chairperson of the Crime and Corruption Commission, appoint an appropriate person as commissioner of the police service.

(2)The appointment is to be made by gazette notice.

s 4.2 sub 1993 No. 77 s 2 sch 1

amd 2001 No. 69 s 378 sch 1; 2014 No. 21 s 94 (2) sch 2; 2016 No. 19 s 46 sch 1

4.3Conditions of appointment

(1)The conditions on which an appointment as commissioner is held—

(a)are such as are for the time being agreed by the Minister and the chairperson of the Crime and Corruption Commission, approved by the Governor in Council, and accepted by the person who is to be, or is, the commissioner; and

(b)are to be governed by a contract of employment made, or taken to be made, between the Crown and the commissioner; and

(c)are not subject to any industrial instrument or any determination or rule of an industrial authority.

(2)If an offer of a contract of employment as commissioner on conditions in writing agreed to by the chairperson of the Crime and Corruption Commission and approved by the Governor in Council in relation to the appointment, is made to a person before that person’s appointment as commissioner, the person, on accepting appointment as commissioner, is taken to have made with the Crown (and the Crown is taken to have made with the appointee) a contract of employment that accords with the contract last offered to the person before the appointment was made.

s 4.3 amd 1993 No. 77 s 2 sch 1; 2001 No. 69 s 378 sch 1; 2014 No. 21 s 94 (2) sch 2; 2016 No. 19 s 46 sch 1; 2016 No. 63 s 1157 sch 6

4.4Term of appointment

The commissioner is to be appointed for a term not less than 3 years or more than 5 years.

s 4.4 sub 1993 No. 77 s 2 sch 1

4.5Removal and suspension of commissioner

(1)The office of the commissioner becomes vacant if the commissioner—

(a)dies; or

(b)resigns the office by writing signed by the commissioner and accepted by the Governor in Council; or

(c)is removed from office in accordance with this section.

(2)The commissioner may be removed from office pursuant to the contract that governs the commissioner’s employment or if the commissioner has breached the contract of employment.

(3)Additional grounds on which the commissioner may be removed from office are the following—

(a)incapacity, because of physical or mental infirmity, to properly perform the duties of office, or other unfitness to hold office;

(b)incompetence in performing, or neglect of the duties of office;

(c)a finding by QCAT of corrupt conduct being proved against the commissioner if QCAT orders the commissioner’s dismissal;

(d)conviction in the State of an indictable offence (whether on indictment or summarily);

(e)imprisonment for any offence.

(4)If 1 or more of the grounds prescribed by subsection (3) exists, the commissioner may be removed from office by—

(a)the Governor in Council, on a recommendation in which the chairperson of the Crime and Corruption Commission concurs; or

(b)in default of exercise of the authority conferred by paragraph (a), the Governor, on an address from the Legislative Assembly praying for the commissioner’s removal from office.

(5)If satisfied that 1 or more of the grounds prescribed by subsection (3) exists, or that the commissioner is charged with corrupt conduct or an offence referred to in subsection (3)(d), the Governor in Council may suspend the commissioner from office.

(6)If the commissioner is suspended from office, the commissioner is entitled to be reinstated in office, unless, upon action taken forthwith following the suspension and pursued diligently to its conclusion, the commissioner is removed from office in accordance with subsection (4).

s 4.5 amd 1993 No. 77 s 2 sch 1; 1997 No. 59 s 48 sch 1; 2001 No. 69 s 378 sch 1; 2009 No. 24 s 1604; 2014 No. 21 s 94 (2) sch 2; 2016 No. 19 s 46 sch 1

4.6Communications between Minister and commissioner

(1)The commissioner—

(a)is to furnish to the Minister reports and recommendations in relation to the administration and functioning of the police service, when required by the Minister to do so; and

(b)may at any time furnish to the Minister such reports and recommendations as the commissioner thinks fit with a view to the efficient and proper administration, management and functioning of the police service.

(2)The Minister, having regard to advice of the commissioner first obtained, may give, in writing, directions to the commissioner concerning—

(a)the overall administration, management, and superintendence of, or in the police service; and

(b)policy and priorities to be pursued in performing the functions of the police service; and

(c)the number and deployment of officers and staff members and the number and location of police establishments and police stations.

(3)The commissioner is to comply with all directions duly given under subsection (2).

4.7Recording and publication of communications

(1)The commissioner is to keep a register in which are to be recorded—

(a)all reports and recommendations made to the Minister under section 4.6(1)(a); and

(b)all directions given in writing to the commissioner under section 4.6(2); and

(c)all reasons tabled by the Minister under the Crime and Corruption Act 2001, section 64.

(2)Within 28 days following 31 December in each year, the commissioner is to have prepared a copy of the register, which copy, being certified by the commissioner as a true copy of the register, is to be furnished forthwith to the chairperson of the Crime and Corruption Commission, with or without comment of the commissioner.

(3)Within 28 days following receipt of the certified copy of the register, the chairperson is to give the copy together with comments of the commissioner relating thereto, and with or without further comment of the chairperson, to the chairperson of the Parliamentary Crime and Corruption Committee of the Legislative Assembly.

(4)The chairperson of the Parliamentary Crime and Corruption Committee of the Legislative Assembly is to table in the Legislative Assembly—

(a)the certified copy of the register; and

(b)all comment relating thereto;

within 14 sitting days after the chairperson’s receipt thereof.

s 4.7 amd 1993 No. 77 s 2 sch 1; 2001 No. 69 s 378 sch 1; 2014 No. 21 s 94 (2) sch 2; 2014 No. 21 s 94 (2) sch 2; 2016 No. 19 s 46 sch 1

4.8Commissioner’s responsibility

(1)The commissioner is responsible for the efficient and proper administration, management and functioning of the police service in accordance with law.

(2)Without limiting subsection (1), a regulation may prescribe—

(a)particular matters within the scope of the prescribed responsibility; or

(b)additional responsibilities of the commissioner.

(3)The commissioner is authorised to do, or cause to be done, all such lawful acts and things as the commissioner considers to be necessary or convenient for the efficient and proper discharge of the prescribed responsibility.

(4)In discharging the prescribed responsibility, the commissioner—

(a)is to comply with all relevant industrial instruments and determinations and rules made by an industrial authority; and

(b)subject to this Act, is to ensure compliance with the requirements of all Acts and laws binding on members of the police service, and directions of the commissioner; and

(c)is to have regard to section 4.6 and ministerial directions duly given thereunder; and

(d)is to discharge the responsibility in relation to such matters as are prescribed for the time being.

s 4.8 amd 1993 No. 77 s 2 sch 1; 1998 No. 19 s 5; 2010 No. 26 s 110; 2014 No. 17 s 117; 2016 No. 63 s 1157 sch 6

4.9Commissioner’s directions

(1)In discharging the prescribed responsibility, the commissioner may give, and cause to be issued, to officers, staff members or police recruits, such directions, written or oral, general or particular as the commissioner considers necessary or convenient for the efficient and proper functioning of the police service.

(2)A direction of the commissioner is of no effect to the extent that it is inconsistent with this Act.

(3)Subject to subsection (2), every officer or staff member to whom a direction of the commissioner is addressed is to comply in all respects with the direction.

(4)A direction issued under subsection (1) to officers about functions, powers or responsibilities that are also functions, powers or responsibilities of watch-house officers is taken to be also issued to watch-house officers.

(5)In all proceedings—

(a)a document purporting to be certified by the commissioner to be a true copy of a direction under subsection (1) is admissible as evidence of the direction; and

(b)a direction under subsection (1) is to be taken as effectual until the contrary is proved.

s 4.9 amd 1993 No. 77 s 2 sch 1; 2006 No. 26 s 113; 2023 No. 7 s 68 sch 1 pt 1

4.10Delegation

(1)The commissioner may delegate powers of the commissioner under this Act or any other Act to any of the following—

(a)a police officer;

(b)a staff member;

(c)the Inspector-General of Emergency Management under the Disaster Management Act 2003;

(d)the commissioner of the Queensland Fire and Emergency Service;

(e)an appropriately qualified person employed in—

(i)the Office of the Inspector-General of Emergency Management under the Disaster Management Act 2003; or

(ii)the Queensland Fire and Emergency Service.

(2)Without limiting subsection (1), the commissioner may also, under subsection (1), delegate powers of the commissioner to discharge the prescribed responsibility.

(3)A delegation of a power of the commissioner may permit the subdelegation of the power to another person mentioned in subsection (1).

(4)Proof of a delegation by the commissioner under subsection (1) is not required in a proceeding unless the defendant gives the entity responsible for prosecuting the proceeding a notice of intention to challenge the delegation at least 10 business days before the hearing date.

(5)The notice must be in the approved form.

s 4.10 sub 1993 No. 77 s 2 sch 1

amd 2014 No. 17 s 118; 2016 No. 43 s 23; 2018 No. 20 s 53; 2021 No. 12 s 181

4.11Acting as commissioner

(1)The Minister may appoint an appropriate person to act as commissioner—

(a)whenever there is a vacancy in the office of commissioner; or

(b)during a period when the commissioner is suspended from office or can not perform the duties of office because of physical or mental incapacity.

(2)The commissioner may appoint an appropriate person to act as commissioner during another period when the commissioner is absent from duty or can not perform the duties of the office.

(3)The remuneration payable to a person who acts as commissioner must not be more than the remuneration payable to the commissioner.

s 4.11 sub 1993 No. 77 s 2 sch 1

4.12Commissioner’s official seal

(1)The commissioner has an official seal.

(2)All courts and persons acting judicially are to take judicial notice of the following—

(a)the signature of the commissioner or any person who at any time was the commissioner;

(b)the fact that the commissioner has, or any such person had, an official seal;

(c)the official seal of the commissioner or any such person;

if the signature or seal appears on a document made for the purposes of judicial proceedings or on a document purporting, or seeming, to have been made for the purposes of this Act.

pt 5 div 1 hdg ins 2006 No. 26 s 114

5.1Ranks

The ranks of officers are the ranks declared by regulation.

s 5.1 ins 2022 No. 9 s 35

5.2Appointment to be on merit on impartial procedures

(1)In this section—

transfer of a police officer to a position means the appointment of a police officer to a position in which the police officer will hold the same rank and be entitled to at least the same level of salary.

(2)A decision to appoint a person, other than an executive officer, as a police recruit or to a police officer position, or to appoint an executive officer to a police officer position or rank, must be made by fair and equitable procedures that—

(a)include inviting applications and selection on the basis of the merit of applicants; and

(b)prevent unjust discrimination, whether in favour of or against a person.

(3)However, if a decision is made to transfer a police officer on a basis prescribed by regulation, the decision need not involve the procedures mentioned in subsection (2)(a).

(4)Written notice to a police officer of a transfer because of a decision under subsection (3) must specify the prescribed basis used for the transfer.

(5)For the purposes of this section merit of an officer comprises—

(a)the integrity, diligence and good conduct of the officer; and

(b)the potential of the officer to discharge the duties of the position or rank in question; and

(c)the industry shown by the officer in performance of the duties of office in the course of the officer’s career; and

(d)the physical and mental fitness of the officer to perform the duties of the position or rank in question.

(6)For the purpose of determining the potential of an officer to discharge the duties of a position or rank the following factors must be taken into account—

(a)the performance of duties of office in the course of the officer’s career;

(b)the range of practical experience of the officer in the service or outside the service;

(c)the ability, aptitude, skill, knowledge and experience determined by the commissioner to be necessary for the proper performance of the duties of the position or rank in question;

(d)any relevant academic, professional or trade qualifications of the officer.

s 5.2 amd 1993 No. 77 s 3; 2023 No. 11 s 30

5.3Executive officers

(1)The Governor in Council may appoint as executive officers such persons as are recommended by the commissioner for appointment.

(2)The number of positions as executive officer is to be such as is, for the time being, necessary for the effectual administration of this Act and the efficient and proper discharge of the prescribed responsibility and is recommended by the commissioner.

5.4Conditions of employment

(1)An appointment to a position as executive officer, including by way of promotion, is to be on the basis of full-time employment.

(2)The conditions on which an appointment as executive officer is held—

(a)are such as are for the time being approved by the commissioner and accepted by the person who is, or is to be, the executive officer; and

(b)are to be governed by a contract of employment made, or taken to be made, between the Crown and the executive officer; and

(c)are not subject to any industrial instrument or any determination or rule of an industrial authority.

(3)If an offer of a contract of employment as an executive officer, on conditions in writing approved by the commissioner in relation to the appointment, is made to a person before that person’s appointment as executive officer, the person, on accepting appointment as executive officer, is taken to have made with the Crown (and the Crown is taken to have made with the appointee) a contract of employment that accords with the contract last offered to the person before the appointment was made.

s 5.4 amd 1993 No. 77 s 2 sch 1; 2016 No. 63 s 1157 sch 6

5.5Acting as executive officer

(1)The commissioner may appoint an appropriate person to act as executive officer during—

(a)any vacancy, or all vacancies, in the office of executive officer; or

(b)any period, or all periods, when the executive officer is absent from duty or, for another reason, can not perform the duties of the office.

(2)The remuneration payable to a person who acts as an executive officer must not be more than the remuneration payable to the executive officer.

s 5.5 sub 1993 No. 77 s 2 sch 1

5.6Other appointments

The commissioner may appoint such number of persons to be commissioned officers, noncommissioned officers, constables or police recruits as is necessary for the effectual administration of this Act and the efficient and proper discharge of the prescribed responsibility.

5.7Conditions of employment of commissioned officers

(1)Appointment to a position as a commissioned officer, including by way of promotion—

(a)if the position is prescribed as one open to appointment on a part-time basis—may be on the basis of part-time employment; or

(b)in the case of any other position—is to be on the basis of full-time employment.

(2)A person—

(a)is to be appointed to, and employed in, a position as a commissioned officer on salary upon a tenure not limited by time, if the position is not one referred to in paragraph (b) or (c);

(b)if a position of commissioned officer is prescribed as one open to appointment upon a limited duration of tenure—may be appointed to and employed in the position upon a limited duration of tenure;

(c)if a position of commissioned officer is prescribed as one open to appointment on a contract basis—may be appointed to and employed in the position on a contract basis—

(i)upon a tenure not limited by time; or

(ii)for a limited duration of tenure.

(3)The conditions of employment from time to time of a commissioned officer duly appointed on a contract basis—

(a)are such as are for the time being approved by the commissioner and accepted by the person who is, or is to be, the commissioned officer; and

(b)are to be governed by a contract of employment made, or taken to be made, between the Crown and the commissioned officer; and

(c)are not subject to any industrial instrument or any determination or rule of an industrial authority.

(4)If an offer of a contract of employment as a commissioned officer, on conditions in writing approved by the commissioner in relation to the appointment, is made to a person before that person’s appointment as commissioned officer, the person, on accepting appointment as commissioned officer, is taken to have made with the Crown (and the Crown is taken to have made with the appointee) a contract of employment that accords with the contract last offered to the person before the appointment was made.

s 5.7 amd 1992 No. 36 s 2 sch 1; 1993 No. 77 s 2 sch 1; 2016 No. 63 s 1157 sch 6; 2023 No. 7 s 68 sch 1 pt 1

5.8Acting as commissioned officer

(1)The commissioner may appoint an appropriate person to act as a commissioned officer during—

(a)any vacancy, or all vacancies, in the office of commissioned officer; or

(b)any period, or all periods, when a commissioned officer is absent from duty or, for another reason, can not perform the duties of the office.

(2)The remuneration payable to a person who acts as a commissioned officer must not be more than the remuneration payable to a person appointed to the office.

(3)While a person acts as a commissioned officer, the person is relieved of the duties of a constable at common law or under any Act or law.

s 5.8 sub 1993 No. 77 s 2 sch 1

5.9Conditions of employment of noncommissioned officers and constables

(1)Appointment to a position as a noncommissioned officer or constable, including by way of promotion—

(a)is to be on the basis of full-time employment, if the position is not one referred to in paragraph (b);

(b)if the position is prescribed as one, or one of a class, open to appointment on a part-time basis—may be on the basis of part-time employment.

(2)A person—

(a)is to be appointed to and employed in a position as a noncommissioned officer or constable upon a tenure not limited by time, if the position is not one referred to in paragraph (b);

(b)if the position is prescribed as one, or one of a class, open to appointment upon a limited duration of tenure—may be appointed and employed in a position as a noncommissioned officer or constable upon a limited duration of tenure.

s 5.9 amd 2023 No. 7 s 68 sch 1 pt 1

5.10Officer’s election on termination of certain appointments

(1)If an officer who holds a position in the service on a contract basis or for a limited duration of tenure ceases to hold the position because—

(a)the contract or tenure has expired and has not been renewed; or

(b)the contract or tenure is terminated otherwise than by reason of—

(i)the officer’s resignation from the service or retirement from the service; or

(ii)disciplinary action against the officer;

and before accepting the position that person was an officer in employment that satisfies the requirements of subsection (2) that person is entitled to elect to continue as an officer in accordance with this section.

(2)The requirements referred to in subsection (1) are—

(a)the employment in the service before acceptance of the position referred to in subsection (1) must have been on a tenure not limited by time;

(b)the employment in the service before acceptance of the position referred to in subsection (1) must have been, or be taken to have been, continuous.

(3)If a person makes an election under subsection (1), the commissioner may appoint the person at a rank determined by the commissioner—being a rank not lower than that at which the person was employed in the service immediately before the person first accepted employment in the position referred to in subsection (1), or a rank prescribed for the time being to be equivalent to that rank.

(4)If a person makes an election under subsection (1), the person thereby renounces all entitlements secured to the person by the contract of employment in the event of its termination as referred to in subsection (1).

(5)An election made under subsection (1)—

(a)must be made in writing signed by the elector and given to the commissioner within 14 days following—

(i)expiry of the contract or tenure in question; or

(ii)notice of termination of the contract or tenure being given to the holder of the position in question; and

(b)when duly made, has the effect that the elector’s service as an officer is taken not to have been terminated by the expiry or termination of the contract or tenure in question, but to have continued in accordance with the foregoing provisions of this section.

(6)If the regulations prescribe requirements to be met, if service as an officer is to be taken as continuous, service of an officer referred to in this section is not continuous unless it accords with the requirements of the regulations, and subsection (5)(b) has operation subject to this subsection.

5.11Conditions of employment of police recruits

(1)The conditions of employment of a police recruit—

(a)are as approved by the commissioner and accepted by the person who is, or is to be, the recruit; and

(b)are to be governed by a contract of employment made, or taken to be made, between the Crown and the recruit; and

(c)are not subject to any industrial instrument or any determination or rule of an industrial authority.

(2)If an offer of a contract of employment as a police recruit on conditions in writing approved by the commissioner in relation to the appointment, including the grounds on which the employment may be continued and discontinued, is made to a person before that person’s appointment as a recruit, the person, on accepting appointment as a recruit, is taken to have made with the Crown (and the Crown is taken to have made with the appointee) a contract of employment that accords with the contract last offered to the person before the appointment was made.

s 5.11 amd 1993 No. 77 s 2 sch 1; 2016 No. 63 s 1157 sch 6

5.12Appointment on probation

(1)This section does not apply in relation to an appointment as an officer made on a contract basis.

(2)An appointment as an officer of a person who was not an officer immediately before the appointment is an appointment on probation—

(a)for a period not less than 12 months determined by the commissioner; or

(b)in the absence of such a determination, for a period of 12 months.

(3)Unless the position as an officer is advertised in the Queensland Police Gazette as one to which appointment is to be made without a period of probation, an appointment of an officer to a position on promotion is an appointment on probation—

(a)for a period not less than 6 months determined by the commissioner; or

(b)in the absence of such a determination—for a period of 6 months.

(4)The commissioner may—

(a)in respect of an appointee referred to in subsection (2)—

(i)at any time during the initial period of probation or during any extension of a period of probation, terminate the employment of the appointee; or

(ii)at the end of any period of probation, confirm the appointment, extend or further extend the period of probation or terminate the employment of the appointee; or

(b)in respect of an appointee referred to in subsection (3) whose appointment is on probation—

(i)at any time during the initial period of probation or during any extension of a period of probation, terminate that appointment; or

(ii)at the end of any period of probation, confirm the appointment, extend or further extend the period of probation or terminate that appointment.

(5)If an appointment is terminated under subsection (4)(b), the person who was the appointee is to be retained in employment as an officer at a level of salary not less than the level of salary of the person immediately before the appointment that is terminated until—

(a)the person is appointed to another position in the service; or

(b)the person is otherwise dealt with under this Act.

5.13Officer not to refuse transfer, but may object

(1)A police officer who is transferred to a position must accept the transfer, even if the officer has not applied for it.

(2)However, if the officer did not apply for the transfer, the officer may—

(a)object to the transfer under section 5.13A; or

(b)apply for a review of the transfer under section 9.3.

s 5.13 sub 1993 No. 77 s 4

5.13AObjection to transfer

(1)If a police officer is transferred to a position without applying for the transfer, the officer may object to the transfer by giving the commissioner written reasons for the objection within 14 days of receiving written notice of the transfer.

(2)The commissioner may allow or reject the objection.

(3)If the commissioner allows the objection, the transfer stops having effect.

(4)If the commissioner rejects the objection, the commissioner must give the officer written reasons for the rejection.

(5)This section—

(a)does not limit the right of an officer to apply to a commissioner for police service reviews for a review of the transfer (a transfer review); but

(b)does limit the right of an officer to object to a transfer under this section once the officer has applied for a transfer review.

(6)If an officer objects to a transfer under this section, the time allowed by regulation for an application for a transfer review does not start to be counted until the day the commissioner gives the officer written reasons under subsection (4).

(7)If an officer applies for a transfer review, the officer can not start or proceed further with an objection under this section.

s 5.13A ins 1993 No. 77 s 4

5.13BDelay in attendance for duty on directed transfer to allow for objection and review

(1)If a police officer is transferred to a position, the commissioner can not direct the officer to attend for duty in the position until—

(a)after the time allowed for an objection under section 5.13A(1) has ended; and

(b)if the officer objects to the transfer—the commissioner decides the objection.

(2)If—

(a)the officer objects to the transfer under section 5.13; and

(b)the commissioner rejects the objection;

the commissioner can not direct the police officer to attend for duty until after the time allowed by regulation for an application to a commissioner for police service reviews for a review of the transfer has ended.

(3)Despite section 9.2, if the officer applies to a commissioner for police service reviews for a review of the transfer, the commissioner can not direct the officer to attend for duty—

(a)if the officer then withdraws the application—until at least 14 days after the withdrawal; or

(b)if the officer does not withdraw the application and the commissioner decides under section 9.5 to proceed with the transfer—until at least 14 days after the day the officer receives written notice of the commissioner’s decision.

(4)This section does not limit the commissioner’s powers to direct an officer to attend for duty in a position in circumstances the commissioner considers are urgent.

s 5.13B ins 1993 No. 77 s 4

5.14Calculation of continuous service as officer

(1)For the purpose of calculating continuous service of an officer, continuous service had by a person—

(a)as an officer; and

(b)as the holder of any prescribed office, offices or class of office under the Crown in any of its capacities;

where the service had as an officer and the service had as such holder are themselves continuous, are to be taken to constitute continuous service as an officer.

(2)A person who has continuous service as an officer pursuant to subsection (1), while the person continues as an officer, retains and may claim against the Crown in right of the State in respect of all benefits and entitlements that have accrued to the person throughout the continuous service.

(3)If the regulations prescribe requirements to be met, if service of an officer is to be taken as continuous, service or services referred to in this section is, or are, not continuous unless it accords, or they accord, with the regulations, and subsection (1) has operation subject to this subsection.

(4)For the purpose of calculating continuous service of an officer, a period of service as a special constable (State officer) is to be disregarded.

s 5.14 amd 2023 No. 10 s 32F

5.15Officer as employee of Crown

An officer, other than one who holds appointment on a contract basis, is taken—

(a)to be an employee of the Crown; and

(b)to be within the application of the Industrial Relations Act 2016 to employees of the Crown as provided by that Act.

s 5.15 amd 1993 No. 77 s 2 sch 1; 1999 No. 33 s 747 sch 3; 2003 No. 19 s 3 sch; 2016 No. 63 s 1157 sch 6

5.16 Appointment of special constables

(1)The commissioner may make as many appointments of special constables as, in the commissioner’s opinion, are necessary for the effectual administration of this Act and the efficient and proper discharge of the prescribed responsibility.

(2)The commissioner may, in writing, appoint a person as a special constable on the terms and conditions the commissioner considers appropriate.

(3)An appointment must be as—

(a)a special constable (State officer); or

(b)a special constable (associate).

s 5.16 amd 2022 No. 4 s 15

sub 2023 No. 10 s 32G

5.16A Special constables (State officer)

(1)Appointment as a special constable (State officer) is to be on the basis of employment other than full-time or part-time employment.

(2)The commissioner may at any time, by written notice given to a special constable (State officer), revoke or vary the special constable’s appointment.

(3)A special constable (State officer) is entitled to the salary, allowances and other remuneration that are—

(a)provided for in the special constable’s instrument of appointment; or

(b)prescribed by regulation.

(4)The powers of a special constable (State officer) may be limited by the special constable’s instrument of appointment.

(5)Despite section 1.4, definition senior officer—

(a)a special constable (State officer) is the senior officer in relation to a constable on probation; and

(b)an officer other than a constable on probation is the senior officer in relation to a special constable (State officer).

(6)In this section—

constable on probation means a constable whose appointment is on probation under section 5.12.

s 5.16A ins 2023 No. 10 s 32G

5.16B Special constables (associate)

(1)A special constable (associate)—

(a)is not an employee of the State or of the commissioner; and

(b)is not entitled to salary, allowances or other remuneration, except as provided for in the special constable’s instrument of appointment; and

(c)has the powers and duties of an officer, under this Act or another Act, as specified in the special constable’s instrument of appointment, and no other.

(2)Subject to subsection (1), relevant provisions and other Acts apply to a special constable (associate) as if the special constable were an officer.

(3)In this section—

relevant provision means a provision of this Act relating to an officer that may be reasonably applied to a special constable (associate).

s 5.16B ins 2023 No. 10 s 32G

5.16C Exclusion of matters about special constables from review under other Acts

(1)This section applies to the following matters (each an excluded matter)—

(a)a decision to appoint or not to appoint a person as a special constable;

(b)a decision to revoke or vary a person’s appointment as a special constable;

(c)the terms and conditions of a person’s appointment as a special constable, including the salary, allowances and other remuneration to which a special constable is entitled;

(d)a decision about a matter mentioned in paragraph (c).

(2)An excluded matter, or a matter affecting or relating to an excluded matter, is not an industrial matter for the Industrial Relations Act 2016.

(3)Without limiting subsection (2), an industrial instrument does not apply to a person appointed as a special constable.

(4)Subsections (2) and (3) apply despite section 5.15(b).

(5)However, subsection (2) does not affect the Industrial Relations Act 2016, section 471.

(6)Unless the Supreme Court decides an excluded decision is affected by jurisdictional error, the decision—

(a)is final and conclusive; and

(b)can not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and

(c)is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.

(7)The Judicial Review Act 1991, part 5 applies to an excluded decision to the extent it is affected by jurisdictional error.

(8)In this section—

appoint, in relation to a special constable (State officer), includes employ.

decision includes a decision or conduct leading up to or forming part of the process of making a decision.

excluded decision means a decision that is an excluded matter.

s 5.16C ins 2023 No. 10 s 32G

5.17Authorisation of non-State police officers

(1)This section applies if the commissioner reasonably believes—

(a)a terrorist act has been committed or there is an imminent threat of a terrorist act; and

(b)the help of a non-State police officer is urgently needed to enable the Queensland Police Service to continue to perform its functions effectively while responding to the terrorist act or threat; and

(c)it is impracticable in the circumstances to appoint the officer as a special constable.

(2)The commissioner may authorise the non-State police officer to exercise the powers of a police officer under—

(a)the police Acts specified in the authorisation; or

(b)all police Acts.

(3)The authorisation must name the non-State police officer.

(4)The authorisation—

(a)may be limited to stated powers; and

(b)may be limited to a stated time; and

(c)may be given on conditions.

(5)The authorisation may be given orally or in writing but, if given orally, must be put in writing as soon as reasonably practicable.

(6)A failure to put the authorisation in writing does not invalidate the authorisation or anything done under the authorisation.

(7)While the authorisation is in force, the non-State police officer may exercise the powers only—

(a)in accordance with the authorisation; and

(b)subject to the directions of the commissioner or another State police officer.

(8)Each empowering Act applies to the non-State police officer, in relation to the exercise of the powers, as if the officer were a State police officer.

(9)The commissioner must ensure that, as soon as practicable after the authorisation is given, the non-State police officer is given an appropriate explanation of the officer’s powers and responsibilities under each empowering Act.

(10)Part 10 applies to the non-State police officer as if the officer were a State police officer.

(11)The commissioner must revoke the authorisation as soon as the commissioner is satisfied the non-State police officer’s help is no longer needed.

(12)The revocation may be made orally or in writing but, if made orally, must be put in writing as soon as reasonably practicable.

(13)A failure to put the revocation in writing does not invalidate the revocation.

(14)The commissioner may only delegate the commissioner’s authorisation power to a State police officer of the rank of at least assistant commissioner.

(15)The commissioner must include, in the annual report for a financial year, the following information about any authorisations made under this section during the financial year relating to a terrorist act or threat—

(a)the nature of the act or threat;

(b)the number of non-State police officers authorised and the police force or service of which they were members;

(c)when the authorisations started and ended;

(d)the empowering Acts under the authorisations;

(e)the functions performed by the officers;

(f)the results of the authorisations, including benefits and problems.

(16)This section does not purport to confer a duty on a federal police officer to perform a function, or to exercise a power, if the conferral of the duty would be beyond the legislative power of the Parliament of the State.

(17)In this section—

authorisation power means the power to give or revoke an authorisation under this section.

empowering Act means—

(a)for an authorisation under subsection (2)(a)—a police Act specified in the authorisation; or

(b)for an authorisation under subsection (2)(b)—a police Act.

federal police officer means a member of the Australian Federal Police.

non-State police officer means a police officer of a police force or service of another State or a federal police officer.

police Act means a Queensland Act that confers a power on a police officer.

State police officer means a police officer of the Queensland Police Service.

terrorist act see the Police Powers and Responsibilities Act 2000, section 211.

s 5.17 ins 2004 No. 8 s 40

amd 2005 No. 45 s 74 sch 4; 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84, 86)

pt 5 div 2 hdg ins 2006 No. 26 s 115

5.18Appointment of watch-house officers

(1)This section applies if the commissioner proposes to appoint a person who is or is to become a staff member to be a watch-house officer.

(2)The commissioner may appoint the person only if the commissioner is satisfied the person has appropriate qualifications and experience for performing the functions of a watch-house officer.

(3)A person has appropriate qualities and experience for appointment as a watch-house officer only if the commissioner is satisfied the person—

(a)has completed a course of training approved by the commissioner for the purpose; or

(b)possesses appropriate qualifications, standing and experience for performing the functions of a watch-house officer.

Note—

Staff members are appointed under the Public Sector Act 2022 or section 8.3(5) and are not police officers. Also, this section does not affect the powers of the commissioner to appoint watch-house managers. For the definition watch-house manager, see the Police Powers and Responsibilities Act 2000, schedule 6.

s 5.18 ins 2006 No. 26 s 115

amd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 s 84); 2009 No. 25 s 83 sch; 2022 No. 34 s 365 sch 3

pt 5 div 3 hdg ins 2022 No. 9 s 36

5.19 Appointment of protective services officers

(1)The commissioner may appoint a person, other than a police officer, to be—

(a)a protective services officer; or

(b)a protective services officer (in training).

(2)The commissioner may appoint the person as a protective services officer only if the commissioner is satisfied the person is appropriately qualified to perform the functions of a protective services officer.

(3)A person is appropriately qualified to perform the functions of a protective services officer only if the commissioner is satisfied the person—

(a)has the qualifications, experience or standing appropriate to perform the functions of a protective services officer; or

(b)has completed a course of training approved by the commissioner for the purpose of this section.

(4)Protective services officers and protective services officers (in training) are employed under the Public Sector Act 2022 and not under this Act.

s 5.19 ins 2022 No. 9 s 36 (amd 2022 No. 34 s 365 sch 3)

5.20 Ranks

The ranks of protective services officers are the ranks declared by regulation.

s 5.20 ins 2022 No. 9 s 36

5.21 Issue of identity card

(1)The commissioner must issue an identity card to each protective services officer.

(2)The identity card must—

(a)state the protective services officer’s name; and

(b)contain a recent photograph of the protective services officer; and

(c)identify the person the subject of the identity card as a protective services officer; and

(d)state an expiry date for the card.

(3)This section does not prevent the issue of a single identity card to a person for this Act and for other purposes.

s 5.21 ins 2022 No. 9 s 36

5.22 Oath of office for protective services officers

Before a person begins to perform duty as a protective services officer, the person is to take, or make, and subscribe the oath or affirmation prescribed by regulation.

s 5.22 ins 2022 No. 9 s 36

5.23Functions of protective services officers

(1)The primary function of protective services officers is to carry into effect the systems formulated for the security of state buildings, including, for example, the systems for the entry of vehicles into state buildings and the parking of the vehicles.

(2)Also, the functions of protective services officers include—

(a)providing services, on a commercial basis, for a building (other than a state building) under a contract entered into by the State; and

(b)exercising a power given to protective services officers under this Act or another Act; and

(c)another function given to protective services officers under this Act or another Act.

s 5.23 ins 2022 No. 9 s 36

5.24Duties of protective services officers

(1)A protective services officer—

(a)is subject to the directions and orders of the commissioner; and

(b)if performing functions as a duty officer—must remain on duty in the state building until—

(i)relieved from duty by another protective services officer; or

(ii)authorised by the commissioner to leave the building.

(2)Without limiting subsection (1)(a), if directed by the commissioner, a protective services officer must take up duty promptly in an emergency, unless the officer has a reasonable excuse.

(3)To remove any doubt, it is declared that subsection (1)(b) does not prevent a protective services officer leaving a building to perform a function of the officer.

s 5.24 ins 2022 No. 9 s 36

pt 5A hdg ins 2003 No. 67 s 5

pt 5A div 1 hdg ins 2003 No. 67 s 5

5A.1Object of pt 5A

The objects of this part are—

(a)to ensure appropriate steps are taken in the interests of the health and welfare of relevant persons; and

(b)to enhance the public’s confidence in the service and the integrity of the service in which relevant persons, including persons who are not members of the service, perform functions associated with, or ancillary to, the functions of the service.

s 5A.1 ins 2003 No. 67 s 5

amd 2014 No. 17 s 120

5A.2Definitions for pt 5A

In this part—

alcohol test means a test for deciding whether a relevant person is over the limit applying to the person when the test is conducted.

s 5A.2 def alcohol test amd 2014 No. 17 s 121 (3)–(4)

analyst means a person who, under section 5A.4A, is appointed as an analyst.

s 5A.2 def analyst ins 2006 No. 26 s 116

authorised person means—

(a)in all cases—the commissioner or deputy commissioner; or

(b)for an alcohol test or a random alcohol test—

(i)if the person to be tested is a police recruit or staff member—a commissioned officer; or

(ii)otherwise—the assistant commissioner or a commissioned officer who holds rank above the rank of the person to be tested; or

(c)for periodic testing of an operative—

(i)the assistant commissioner; or

(ii)a commissioned officer who—

(A)is responsible for supervising operatives; and

(B)is above the rank of the operative to be tested; or

(d)for a test to be conducted because of section 5A.8(c)—

(i)if the person to be tested is a police recruit or staff member—a commissioned officer; or

(ii)otherwise—the assistant commissioner or a commissioned officer who holds rank above the rank of the person to be tested; or

(e)for section 5A.10 or section 5A.14—

(i)if the person to be tested is a police recruit or staff member—a commissioned officer; or

(ii)otherwise—the assistant commissioner or a commissioned officer who holds rank above the rank of the person to be tested.

s 5A.2 def authorised person amd 2005 No. 17 s 24; 2005 No. 45 s 74 sch 4; 2014 No. 17 s 121 (5); 2021 No. 12 s 183 (2)

covert operative...

s 5A.2 def covert operative om 2005 No. 45 s 74 sch 4

critical area means any of the following in which a police recruit or staff member performs functions for the police service—

(a)a communications centre;

(b)a driver training facility;

(c)a facility used for storing dangerous drugs under the Police Powers and Responsibilities Act 2000, chapter 21, part 4;

(d)a magazine used for storing explosives;

(e)a police armoury or weapons collection facility;

(f)a property point as defined under the Police Powers and Responsibilities Act 2000;

(g)a watch-house;

(h)a weapons training facility;

(i)the unit known as the police air wing;

(j)a place prescribed under a regulation as a critical area.

s 5A.2 def critical area amd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84, 86); 2014 No. 17 s 121 (6); 2021 No. 12 s 183 (3)

critical incident means any of the following—

(a)an incident in which an officer on duty discharges a firearm—

(i)injuring a person; or

(ii)in circumstances in which a person could be injured;

(b)an incident in which a person in custody dies or suffers grievous bodily harm;

(c)a workplace incident at a police station or police establishment in which a person—

(i)dies or suffers grievous bodily harm; or

(ii)suffers injuries for which the person is admitted to hospital;

(d)an incident in which a person dies or suffers grievous bodily harm in the course of, or as a result of, police operations;

Examples of police operations—

•a vehicle pursuit

•an evacuation

(e)a vehicle pursuit in which a person suffers injuries for which the person is admitted to hospital.

s 5A.2 def critical incident sub 2022 No. 4 s 17 (1)–(2)

dangerous drug means a dangerous drug under the Drugs Misuse Act 1986.

deputy commissioner means the executive officer holding rank as deputy commissioner.

evidence, of a targeted substance in a person’s urine or saliva, includes evidence of the presence of the following in the person’s urine or saliva—

(a)a targeted substance;

(b)a substance that is used in a targeted substance;

(c)a metabolite of a targeted substance.

s 5A.2 def evidence amd 2022 No. 4 s 17 (3)

firearm does not include a firearm loaded with a projectile that is not designed to cause death or grievous bodily harm.

Examples of a projectile that is not designed to cause death or grievous bodily harm—

beanbag round, 40mm impact round

s 5A.2 def firearm ins 2022 No. 4 s 17 (2)

general alcohol limit means the general alcohol limit under section 5A.6(1)(c).

grievous bodily harm see the Criminal Code, section 1.

s 5A.2 def grievous bodily harm ins 2022 No. 4 s 17 (2)

low alcohol limit means the low alcohol limit under section 5A.6(1)(b).

medical examination includes medical assessment and test, whether physical or mental.

no alcohol limit means the no alcohol limit under section 5A.6(1)(a).

operative means a police officer who is—

(a)a participant in an authorised operation under the Police Powers and Responsibilities Act 2000, chapter 11; or

(b)a covert operative for a controlled operation under the Crime and Corruption Act 2001, chapter 3, part 6A.

s 5A.2 def operative ins 2005 No. 45 s 74 sch 4

amd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84, 86); 2014 No. 21 s 94 (2) sch 2

over the limit, in relation to a relevant person, means the person is over the general alcohol limit, the low alcohol limit or the no alcohol limit applying to the person.

s 5A.2 def over the limit amd 2014 No. 17 s 121 (3)–(4)

random alcohol test means an alcohol test conducted under section 5A.9.

relevant member...

s 5A.2 def relevant member om 2014 No. 17 s 121 (1)

relevant person see section 5A.3.

s 5A.2 def relevant person ins 2014 No. 17 s 121 (2)

relevant PSBA employee ...

s 5A.2 def relevant PSBA employee ins 2014 No. 17 s 121 (2)

om 2021 No. 12 s 183 (1)

saliva analysing instrument means an instrument, prescribed by regulation, for finding out whether a targeted substance is present in a person’s saliva by analysing a specimen of the person’s saliva.

s 5A.2 def saliva analysing instrument ins 2022 No. 4 s 17 (2)

targeted substance means—

(a)a dangerous drug; or

(b)another substance mentioned in section 5A.4(c) or (d).

targeted substance test means a test for deciding whether a relevant person has evidence of a targeted substance in the person’s urine or saliva.

s 5A.2 def target substance test amd 2014 No. 17 s 121 (3), (7); 2022 No. 4 s 17 (4)

vehicle pursuit means a police motor vehicle pursuit for the purpose of apprehending a person.

s 5A.2 def vehicle pursuit ins 2022 No. 4 s 17 (2)

s 5A.2 ins 2003 No. 67 s 5

5A.3Persons to whom pt 5A applies

(1)This part, other than to the extent specified in section 5A.21A, applies only to a person (relevant person) who is—

(a)an officer; or

(b)a staff member whose duties include performing functions in a critical area; or

(c)a watch-house officer; or

(d)a police radio and electronics technician; or

(e)a recruit; or

(f)a protective services officer; or

(g)a protective services officer (in training).

(2)However, for subsection (1)(b), if the critical area in which the functions are performed is a driver training facility, this part applies to the staff member only if the member is a driver, instructor or mechanic at the facility.

s 5A.3 ins 2003 No. 67 s 5

amd 2005 No. 17 s 25; 2007 No. 1 s 32 sch 2; 2014 No. 17 s 122; 2021 No. 12 s 184; 2022 No. 9 s 37

5A.4Substances to which pt 5A applies

This part applies only in relation to the following substances—

(a)alcohol;

(b)a dangerous drug;

(c)a regulated substance under the Medicines and Poisons Act 2019 that may impair a person’s physical or mental capacity;

(d)another substance that may impair a person’s physical or mental capacity.

s 5A.4 ins 2003 No. 67 s 5

amd 2019 No. 26 s 290 sch 2

5A.4AAnalysts

The Minister may, by gazette notice, appoint an appropriately qualified person as an analyst for this part.

s 5A.4A ins 2006 No. 26 s 117

sub 2022 No. 4 s 18

5A.4B Operators of saliva analysing instruments

(1)The commissioner may authorise an appropriately qualified officer or staff member to operate a saliva analysing instrument under section 5A.14.

(2)An authorisation may be—

(a)general or limited; and

Example—

An authorisation may be limited to operating a saliva analysing instrument to analyse samples given by relevant persons of a stated class.

(b)given on the conditions the commissioner considers appropriate.

s 5A.4B ins 2022 No. 4 s 18

5A.5Part does not affect other powers

This part does not affect the commissioner’s powers under section 8.3.

s 5A.5 ins 2003 No. 67 s 5

pt 5A div 2 hdg ins 2003 No. 67 s 5

5A.6When is a person over the limit

(1)For this part—

(a)a person is over the no alcohol limit if the concentration of alcohol in the person’s breath is more than 0g of alcohol in 210L of breath;

(b)a person is over the low alcohol limit if the concentration of alcohol in the person’s breath is, or is more than, 0.02g of alcohol in 210L of breath;

(c)a person is over the general alcohol limit if the concentration of alcohol in the person’s breath is, or is more than, 0.05g of alcohol in 210L of breath.

(2)For this Act, the concentration of alcohol in a person’s breath may be expressed as—

(a)a specified number of grams of alcohol in 210L of breath; or

(b)a specified number of grams in 210L.

Example for subsection (2)—

The concentration of alcohol in a person’s breath may be expressed as 0.063g of alcohol in 210L of breath or as 0.063g/210L.

s 5A.6 ins 2003 No. 67 s 5

5A.7Alcohol limits

(1)A relevant person must be under the low alcohol limit—

(a)when reporting for duty for a rostered shift; or

(b)while on duty for a rostered shift; or

(c)while on call on a rotational basis for duty.

(2)Also, a relevant person must be under the general alcohol limit when not rostered for duty but permanently on call for duty in a place where there is a police station at which no more than 1 or 2 officers are permanently stationed.

(3)However, if the relevant person is a member of the special emergency response team, the person must not be over the no alcohol limit when reporting for duty, while on duty, or while on call on a rotational basis.

(4)This section does not apply to a relevant person who is a police officer to the extent it prevents the person consuming alcohol while performing duties under an exemption under section 5A.9(4).

s 5A.7 ins 2003 No. 67 s 5

amd 2014 No. 17 s 123

5A.8Circumstances for alcohol testing

An authorised person may require a relevant person to submit to an alcohol test if—

(a)the person has been involved in a critical incident; or

(b)the test is authorised under section 5A.9; or

(c)an authorised person reasonably suspects the person is contravening or has contravened section 5A.7; or

(d)for an officer who is an applicant to become an operative, the person is required to undergo a medical examination for deciding the person’s suitability to be an operative.

s 5A.8 ins 2003 No. 67 s 5

amd 2005 No. 45 s 74 sch 4; 2014 No. 17 s 124

5A.9Random alcohol testing

(1)An authorised person may require a relevant person to submit to a random alcohol test.

(2)However, an authorised person other than the commissioner or deputy commissioner may require the relevant person to submit to the test—

(a)only with the written approval of the commissioner or deputy commissioner; or

(b)only if the test is conducted in accordance with criteria prescribed under a regulation for conducting random alcohol tests without the approval of the commissioner or deputy commissioner.

(3)For subsection (2)(b), a regulation may prescribe the criteria for deciding—

(a)when and where a random alcohol test may be conducted; and

(b)when a random alcohol test may be conducted without the approval of the commissioner or deputy commissioner.

(4)Also, the commissioner or deputy commissioner may, in writing, exempt a relevant person or class of relevant person from random alcohol testing, either generally or in particular circumstances.

Examples—

1The relevant person may be an operative.

2The relevant person may be required to consume alcohol at a hotel when keeping a person suspected of engaging in criminal activities under surveillance.

(5)The power to approve random alcohol testing under this section can not be delegated.

s 5A.9 ins 2003 No. 67 s 5

amd 2005 No. 45 s 74 sch 4; 2014 No. 17 s 125

5A.10Providing specimen of breath for alcohol test or random alcohol test

(1)If a relevant person is required to submit to an alcohol test or a random alcohol test under this part, an authorised person may require the relevant person to provide a specimen of breath for the test.

(2)The authorised person may require the relevant person to provide the specimen to the authorised person’s satisfaction.

(3)The relevant person must comply with a requirement under subsection (2).

(4)The authorised person must perform the test—

(a)using an instrument approved by the commissioner for the purpose; and

(b)in accordance with the manufacturer’s instructions for use of the instrument.

s 5A.10 ins 2003 No. 67 s 5

amd 2014 No. 17 s 126

5A.11Failure to provide specimen of breath

A relevant person who fails to provide a specimen of breath as required is taken to have been tested for alcohol and to have been over the limit for alcohol applying to the person when the failure happened.

s 5A.11 ins 2003 No. 67 s 5

amd 2014 No. 17 s 127

pt 5A div 3 hdg ins 2003 No. 67 s 5

5A.12Targeted substance levels

(1)A relevant person must not have evidence of a dangerous drug present in the person’s urine or saliva at any time.

(2)A relevant person, who is lawfully taking a targeted substance mentioned in section 5A.4(c) or (d), must not perform duties in or involving an operational capacity or critical area if the substance impairs the person’s capacity to perform the duties without danger to the person or someone else.

(3)A relevant person must not have present in the person’s urine or saliva—

(a)evidence of a targeted substance mentioned in section 5A.4(c) that the person may not lawfully take; or

(b)evidence of having taken a targeted substance mentioned in section 5A.4(c) or (d) in a way contrary to a direction of a doctor or a recommendation of the manufacturer of the substance.

s 5A.12 ins 2003 No. 67 s 5

amd 2014 No. 17 s 128; 2022 No. 4 s 19

5A.13Circumstances for targeted substance testing

(1)An authorised person may require a relevant person to submit to a targeted substance test if—

(a)the relevant person—

(i)has been involved in a critical incident; or

(ii)is an operative; or

(iii)is an officer who is an applicant to become an operative and is required to undergo a medical examination or test for deciding the person’s suitability to be a covert operative; or

(b)an authorised person reasonably suspects the relevant person is contravening or has contravened section 5A.12.

(2)Also, an authorised person may require a person who has been notified of the person’s appointment as a recruit to submit to a targeted substance test before the person starts the training necessary to become an officer.

s 5A.13 ins 2003 No. 67 s 5

amd 2005 No. 45 s 74 sch 4; 2014 No. 17 s 129

5A.14Providing specimen for targeted substance test

(1)If a relevant person is required to submit to a targeted substance test under this part, an authorised person may require the relevant person to provide a specimen of urine or saliva to an authorised tester, at a stated time and place, for the test.

(2)If the specimen is required because of section 5A.13(1)(a)(i), the requirement must be made, and the stated time for providing the specimen must be, as soon as practicable after the critical incident happened.

(3)An authorised tester may give the relevant person a direction about how the specimen is to be provided or about providing a sufficient specimen for testing.

(4)However, a direction must be—

(i)reasonably necessary; and

(ii)consistent with any requirements prescribed under subsection (6).

(5)As soon as practicable after a specimen is collected under this section, the specimen must be dealt with in the way prescribed under subsection (6).

(6)A regulation may prescribe requirements about collecting and dealing with specimens under this section.

(7)In this section—

authorised tester means—

(a)for a specimen of urine given by a relevant person—a doctor or registered nurse; or

(b)for a specimen of saliva given by a relevant person—an officer or staff member authorised under section 5A.4A to operate a saliva analysing instrument to analyse a sample given by the relevant person.

registered nurse means a person registered under the Health Practitioner Regulation National Law—

(a)to practise in the nursing profession, other than as a student; and

(b)in the registered nurses division of that profession.

s 5A.14 ins 2003 No. 67 s 5

amd 2005 No. 17 s 26; 2010 No. 14 s 124 sch; 2014 No. 17 s 130; 2017 No. 32 s 87 (2) sch 1 pt 2

sub 2022 No. 4 s 20

5A.15Effect of failure to provide a specimen

(1)This section applies to a relevant person who—

(a)is required to provide a specimen of urine or saliva under section 5A.14; and

(b)fails to provide a specimen in compliance with the requirement and any directions given by an authorised tester under that section.

(2)However, this section does not apply to a relevant person who is unable to provide the required specimen because of a medical condition.

(3)The relevant person is taken to have been tested for a targeted substance and to have been found to have had evidence of a targeted substance in the person’s saliva or urine (whichever is relevant).

s 5A.15 ins 2003 No. 67 s 5

amd 2014 No. 17 s 131

sub 2022 No. 4 s 20

pt 5A div 4 hdg ins 2003 No. 67 s 5

5A.16If alcohol or targeted substance test positive

(1)This section applies if a test conducted under this part shows a relevant person, when tested—

(a)was over the limit applying to the person when the test was conducted; or

(b)had evidence of a targeted substance in the person’s urine or saliva.

(2)The commissioner may do any 1 or more of the following—

(a)suspend the relevant person from duty until the person is no longer over the relevant alcohol limit or no longer has evidence of a targeted substance in the person’s urine or saliva;

(b)correct the relevant person by way of guidance;

(c)require the relevant person to undergo counselling or rehabilitation approved by the commissioner;

(d)require the relevant person to attend a government medical officer for a medical examination of the person’s fitness to continue to perform the person’s current duties;

(e)after considering a report of a government medical officer about a medical examination under paragraph (d), direct the relevant person to perform other duties for the time the commissioner considers necessary;

(f)take disciplinary or other action against the relevant person under whichever of the following is relevant—

(i)this Act;

(ii)the Public Sector Act 2022;

(g)require the relevant person to submit to further testing from time to time until the commissioner is satisfied the reason for making the requirement no longer exists.

Example of other action for paragraph (f)—

action that may be taken under section 6.1

(3)Subsection (2)(a), (b), (c) and (f) do not apply to a targeted substance mentioned in section 5A.12(2).

(4)A relevant person directed to perform other duties under subsection (2)(e) is entitled to be paid salary and allowances at the rate at which the person would have been paid had the person not been directed to perform the other duties.

(5)A government medical officer who prepares a report about a medical examination of a relevant person may give the report to the commissioner.

s 5A.16 ins 2003 No. 67 s 5

amd 2009 No. 25 s 83 sch; 2014 No. 17 s 132; 2022 No. 4 s 21; 2022 No. 34 s 365 sch 3

5A.17Effect of failure to comply

(1)This section applies if a relevant person—

(a)fails to attend or complete counselling or rehabilitation under a requirement under section 5A.16(2)(c); or

(b)fails to attend a government medical officer for medical examination under a requirement under section 5A.16(2)(d).

(2)The commissioner may take disciplinary action against the person under whichever of the following is relevant—

(a)this Act;

(b)the Public Sector Act 2022.

s 5A.17 ins 2003 No. 67 s 5

amd 2009 No. 25 s 83 sch; 2014 No. 17 s 133; 2022 No. 34 s 365 sch 3

pt 5A div 5 hdg ins 2003 No. 67 s 5

5A.18Giving requirements

A requirement under this part may be given orally or in writing or by any form of electronic communication.

s 5A.18 ins 2003 No. 67 s 5

5A.19Interfering with specimens

A person must not unlawfully interfere with a specimen of breath, urine or saliva provided under this part.

Maximum penalty—100 penalty units.

s 5A.19 ins 2003 No. 67 s 5

amd 2022 No. 4 s 22

5A.20Test result evidence generally inadmissible

(1)Evidence of—

(a)anything done under this part; and

(b)the result of any test conducted under this part;

is inadmissible in a civil or criminal proceeding before a court.

(2)Without limiting subsection (1), evidence of any of the following is inadmissible in a civil or criminal proceeding before a court—

(a)an approval given to conduct a random alcohol test;

(b)a requirement made under division 2, 3 or 4;

(c)a direction given by a person under division 3;

(d)a disclosure made or an agreement entered into under section 5A.21A.

(3)Also, the commissioner and anyone else involved in any way in anything done under this part can not be compelled to produce to a court any document kept or to disclose to a court any information obtained because of the doing of the thing.

(4)This section does not apply to—

(a)a proceeding for a charge of an offence arising from a critical incident; or

(b)an inquest in a Coroners Court into the death of a person in a critical incident; or

(c)a proceeding on an application under the Industrial Relations Act 2016, section 317 for reinstatement because of unfair dismissal.

(5)Also, this section does not prevent the commissioner giving a witness identity protection certificate under the Evidence Act 1977, section 21F that includes matters mentioned in section 21G(1)(h) of that Act in relation to a person who has been found guilty of misconduct or another ground for disciplinary action because of the testing of the person under this part.

s 5A.20 ins 2003 No. 67 s 5

amd 2005 No. 17 s 27; 2006 No. 58 s 5; 2016 No. 63 s 1157 sch 6; 2019 No. 32 s 32 sch 1

5A.21Evidentiary provision

(1)A certificate apparently signed by an analyst and stating the following is evidence of what it states—

(a)a specimen of urine or saliva provided by a stated person on a stated day and at a stated place was received from a stated authorised person at the analyst’s laboratory on a stated day and time;

(b)the analyst made a laboratory test of the specimen on a stated day and at the stated place;

(c)a stated targeted substance or a metabolite of a stated targeted substance was indicated by the laboratory test to be present in the person’s urine or saliva.

(2)A certificate apparently signed by a government medical officer and stating that the presence of a stated targeted substance in a person impairs or may impair the person’s capacity to perform the person’s duties without danger to the person or others is evidence of what it states.

(3)A certificate apparently signed by the commissioner and stating either of the following is evidence of what it states—

(a)at a stated time a stated officer performed duties in an operational capacity in a critical area;

(b)at a stated time a stated staff member performed duties involving a critical area.

s 5A.21 ins 2003 No. 67 s 5

amd 2022 No. 4 s 23

5A.21A Agreements about counselling and rehabilitation

(1)Any member of the service, whether or not the member is a relevant person, may make a written request to the prescribed person for the provision of counselling or rehabilitation about the member’s personal use of alcohol or a drug.

(2)If a prescribed person receives a request under subsection (1), the prescribed person must forward the written request to the member who may enter into an agreement for providing counselling or rehabilitation.

(3)The commissioner may enter into an agreement to provide to the member the counselling or rehabilitation approved by the commissioner.

(4)The commissioner must not use information disclosed by a member under this section for the purposes of disciplinary or other action against the member under this Act or the Public Sector Act 2022.

(5)Also, the commissioner must not disclose information in the possession of the commissioner because of a request or agreement made under this section other than—

(a)for the purposes of the agreement; or

(b)to the extent the commissioner considers reasonably necessary to prevent or lessen a serious threat to the public or to health or safety of the member who disclosed the information; or

(c)for the purposes of a claim for compensation under the Workers’ Compensation and Rehabilitation Act 2003; or

(d)if the information relates to a member who is an officer—for the purposes of section 6.1(1)(c) or 8.3.

(6)A regulation may prescribe the matters that must be included in an agreement under this section.

(7)In this section—

prescribed person means a person to whom, under a regulation, a member of the service may make a request for the provision of counselling or rehabilitation about the member’s personal use of alcohol or a drug.

s 5A.21A ins 2005 No. 17 s 28

amd 2009 No. 25 s 83 sch

sub 2014 No. 17 s 134

amd 2016 No. 43 s 23; 2021 No. 12 s 185; 2022 No. 34 s 365 sch 3

5A.23Limitation on disciplinary proceedings

(1)If 2 or more contraventions of this part by a particular relevant person arise out of the same facts or circumstances, a disciplinary proceeding against the relevant person may be started for 1 disciplinary offence only.

(2)In this section—

disciplinary proceeding includes a proceeding against a former officer under part 7A.

s 5A.23 ins 2003 No. 67 s 5

amd 2014 No. 17 s 135; 2019 No. 32 s 4

pt 5AA hdg ins 2003 No. 92 s 32

pt 5AA div 1 hdg ins 2003 No. 92 s 32

5AA.1Purpose of pt 5AA

The purpose of this part is to ensure the commissioner—

(a)may gather all the relevant information the commissioner needs about a person engaged or seeking to be engaged by the service; and

(b)may use the information to assess the person’s suitability to be, or continue to be, engaged by the service.

s 5AA.1 ins 2003 No. 92 s 32

5AA.1A Definition for pt 5AA

In this part—

criminal history, of a person—

(a)means the person’s convictions in relation to offences committed in Queensland or elsewhere; and

(b)includes information about offences of any kind alleged to have been committed, in Queensland or elsewhere, by the person.

s 5AA.1A ins 2009 No. 48 s 63

5AA.2Parliament’s intention

(1)It is Parliament’s intention that relevant information about a person that is obtained by the commissioner under this part is to be used only for assessing the person’s suitability to be, or continue to be, engaged by the service.

(2)However, it is not Parliament’s intention to prevent the commissioner using information obtained under this part that discloses the commission of an offence, or is, or leads to, the discovery of evidence of the commission of an offence, for an investigation into the offence and any proceeding started or facilitated because of the investigation.

s 5AA.2 ins 2003 No. 92 s 32

5AA.3Meaning of engaged by the service

A person is engaged by the service for this part if the person is 1 of the following—

(a)a police officer;

(b)a staff member;

(c)a recruit;

(d)a special constable;

(e)an external service provider;

(f)a person performing functions at a police station or police establishment under a contract for services;

(g)a person working in the service as a volunteer or as a student on work experience.

s 5AA.3 ins 2003 No. 92 s 32

amd 2014 No. 17 s 136; 2021 No. 12 s 186

5AA.4This part applies despite the Criminal Law (Rehabilitation of Offenders) Act 1986

This part applies to a person despite anything in the Criminal Law (Rehabilitation of Offenders) Act 1986.

s 5AA.4 ins 2003 No. 92 s 32

5AA.5Person to be advised of duties of disclosure etc.

(1)Before a person, other than an external service provider, is engaged by the service, the commissioner must, if the commissioner considers the terms of the engagement require it—

(a)tell the person—

(i)of the person’s duty to disclose relevant information under division 2; and

(ii)that the commissioner may obtain and consider relevant information about the person under divisions 3 and 4; and

(b)give the person a copy of the guidelines for dealing with relevant information obtained by the commissioner under this part.

(2)Subsections (3) and (4) apply if the chief executive officer (a relevant CEO) of another entity becomes aware a person employed or engaged by the entity is an external service provider.

(3)The relevant CEO must—

(a)tell the person—

(i)the person is or, if employed, will be engaged by the service for this part; and

(ii)of the person’s duty to disclose relevant information under division 2; and

(iii)that the commissioner may—

(A)obtain and consider relevant information about the person under divisions 3 and 4; and

(B)disclose relevant information to the relevant CEO under division 4; and

(b)give the person a copy of the guidelines issued by the commissioner for dealing with relevant information obtained by the commissioner under this part.

(4)The information required to be given to the person under subsection (3) must be given as soon as practicable after the relevant CEO becomes aware the person is an external service provider.

s 5AA.5 ins 2003 No. 92 s 32

amd 2014 No. 17 s 137; 2016 No. 43 s 23; 2021 No. 12 s 187

pt 5AA div 2 hdg ins 2003 No. 92 s 32

5AA.6Persons engaged or seeking to be engaged by the service must disclose relevant information

(1)Each of the following must, if required by the commissioner, disclose to the commissioner in the way approved by the commissioner any relevant information known to the person that may affect the person’s suitability to be engaged by the service—

(a)a person engaged by the service;

(b)a person seeking to be engaged by the service.

(2)A person required to disclose information under subsection (1)(b) must disclose the information before being engaged by the service.

s 5AA.6 ins 2003 No. 92 s 32

amd 2023 No. 7 s 30

5AA.7Persons engaged by the service must disclose changes in relevant information

If a person engaged by the service is aware that there is a change in relevant information about the person, the person must immediately disclose to the commissioner in the way approved by the commissioner the details of the change.

Note—

For some persons engaged by the service, a failure to disclose a change in relevant information of which the person is aware may become the subject of disciplinary proceedings.

s 5AA.7 ins 2003 No. 92 s 32

amd 2023 No. 7 s 31

pt 5AA div 3 hdg ins 2003 No. 92 s 32

5AA.9Commissioner may request information from other authorities

(1)This section applies to a person who—

(a)is engaged by the service; or

(b)seeks to be engaged by the service and has given the commissioner a disclosure for the purposes of division 2.

(2)Also, this section applies even though the disclosure does not state any relevant information about the person.

(3)The commissioner may ask another law enforcement agency, whether a declared agency, or a law enforcement agency of another country that has an obligation under the law of that country to assess the integrity of persons employed or engaged by the government of that country, to give the commissioner a report that includes relevant information about the person.

s 5AA.9 ins 2003 No. 92 s 32

amd 2008 No. 49 s 5

5AA.10 Prosecuting authority to notify commissioner about committal, conviction etc.

(1)This section applies if a person is charged with an indictable offence and the director of public prosecutions is aware that the person is engaged by the service.

(2)The director of public prosecutions must give the commissioner written notice of the person’s name and the following particulars within 7 days after the director of public prosecutions becomes aware of the particulars—

(a)if the person is committed by a court for trial for an indictable offence—

(i)the court committing the person for trial; and

(ii)particulars of the offence with which the person is charged; and

(iii)the date of the committal; and

(iv)the court to which the person was committed;

(b)if the person is convicted before the Supreme Court or the District Court of an indictable offence—

(i)the court convicting the person; and

(ii)particulars of the offence; and

(iii)the date of the conviction; and

(iv)the sentence imposed by the court;

(c)if the person is convicted of an indictable offence, and has appealed the conviction, and the appeal is finally decided or has otherwise ended—

(i)particulars of the offence of which the person is convicted; and

(ii)the date the appeal was decided or otherwise ended; and

(iii)if the appeal was decided—

(A)the court in which it was decided; and

(B)particulars of the decision;

(d)if the prosecution process ends without the person being convicted of an indictable offence—

(i)if relevant—the court in which the prosecution process ended; and

(ii)particulars of the offence with which the person was charged; and

(iii)the date the prosecution process ended.

(3)For subsection (2)(d), a prosecution process ends if—

(a)an indictment is presented against the person and—

(i)a nolle prosequi is entered on the indictment; or

(ii)the person is acquitted; or

(b)the prosecution process has otherwise ended.

(4)A reference in this section to a conviction of an indictable offence includes a summary conviction of an indictable offence.

(5)Subsection (1) does not apply if the person is charged by a police officer.

(6)Subsection (2)(a) does not apply if the prosecutor appearing is a police officer.

(7)Subsection (2)(d) does not apply if the prosecution process ends while a police officer is in charge of the prosecution.

s 5AA.10 ins 2003 No. 92 s 32

5AA.10A Information about disciplinary action to be given by chief executive

(1)This section applies if—

(a)the commissioner asks the chief executive of another department (the chief executive) for disciplinary information the chief executive has about a person who is or was a public service employee; and

(b)the information is reasonably necessary for the commissioner to make a decision about the suitability of the person to be engaged, or continue to be engaged, as a member of the service.

(2)The other chief executive must give the disciplinary information to the commissioner unless the other chief executive is reasonably satisfied that giving the information may prejudice the investigation of a contravention or possible contravention of the law in a particular case.

(3)In this section—

disciplinary information, in relation to a request made of a chief executive about a person, means information about the following made or taken against the person under a public sector disciplinary law by the chief executive or another entity—

(a)a current investigation into whether the person should be disciplined;

(b)a finding that the person should be disciplined;

(c)possible disciplinary action under consideration;

(d)disciplinary action, including a disciplinary declaration.

s 5AA.10A ins 2009 No. 25 s 36

pt 5AA div 4 hdg ins 2003 No. 92 s 32

5AA.11 Assessment of suitability

(1)This section applies to the commissioner in considering the suitability of a person to be, or continue to be, engaged by the service.

(2)When making the assessment, the commissioner may have regard to all relevant information available to the commissioner, including, but not limited to—

(a)information that is disclosed to the commissioner under this part; and

(b)information that is made available by a declared agency or a law enforcement agency of another country because of a request made under this part; and

(ba)disciplinary information given to the commissioner by a chief executive of another department under section 5AA.10A; and

(c)information that is stored on—

(i)a database kept by the commissioner; or

(ii)a database kept by another law enforcement agency to which the commissioner has access; and

(d)information that is otherwise available to the commissioner.

Examples for subsection (2)—

1information obtained from previous employment checks

2fingerprint checks

3DNA tests

(3)In addition, information obtained under this part may be taken into account in deciding a question of merit under a merit provision.

(4)Subsection (3) is in addition to and does not limit a merit provision.

(5)In this section—

merit provision means—

(a)section 5.2; or

(b)the Public Sector Act 2022, chapter 3, part 3.

s 5AA.11 ins 2003 No. 92 s 32

amd 2008 No. 49 s 6; 2009 No. 25 ss 37, 83 sch; 2022 No. 34 s 365 sch 3; 2023 No. 7 s 33

5AA.12 Particular persons to be advised if person unsuitable

(1)If, because of information relied on by the commissioner under this part, the commissioner considers a person, other than an external service provider, may not be suitable to be, or continue to be, engaged by the service, the commissioner must, before deciding the person is not suitable—

(a)disclose the information to the person; and

(b)give reasons why the commissioner considers the person may not be suitable to be, or continue to be, engaged by the service; and

(c)allow the person a reasonable opportunity to make representations to the commissioner about the information.

(2)However, the commissioner is not required to disclose the information or give reasons under subsection (1) if the commissioner considers the disclosure or giving of reasons may—

(a)prejudice the investigation of a contravention or possible contravention of the law; or

(b)enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; or

(c)endanger a person’s life or physical safety; or

(d)prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; or

(e)prejudice the maintenance or enforcement of a lawful method or procedure for protecting public safety; or

(f)prejudice national security; or

(g)be prohibited under a law of this or any other State or the Commonwealth.

(3)If, after considering any representations made under subsection (1)(c), the commissioner decides the person is not suitable to be, or continue to be, engaged by the service, the commissioner must give the person a written notice stating that the person is not suitable to be, or continue to be, engaged by the service.

(4)Information relied on under this section to decide that a person is not suitable to be engaged by the service can not be used for any other purpose, unless its disclosure is authorised under section 5AA.14(3).

s 5AA.12 ins 2003 No. 92 s 32

amd 2014 No. 17 s 138; 2021 No. 12 s 188; 2023 No. 7 s 34

5AA.13 External service provider to be advised if person unsuitable

(1)If, because of information relied on by the commissioner under this part, the commissioner considers a person who is an external service provider may not be suitable to be, or continue to be, engaged by the service, the commissioner must, before deciding the person is not suitable—

(a)disclose the information to the person and the chief executive officer of the relevant entity; and

(b)give reasons why the commissioner considers the person may not be suitable to be, or continue to be, engaged by the service; and

(c)allow the person and the chief executive officer a reasonable opportunity to make representations to the commissioner about the information; and

(d)allow the person a reasonable opportunity to make representations to the commissioner about any representations made to the commissioner by the chief executive officer.

(2)However, the commissioner is not required to disclose the information or give reasons under subsection (1) if the commissioner considers the disclosure or giving of reasons may—

(a)prejudice the investigation of a contravention or possible contravention of the law; or

(b)enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; or

(c)endanger a person’s life or physical safety; or

(d)prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; or

(e)prejudice the maintenance or enforcement of a lawful method or procedure for protecting public safety; or

(f)prejudice national security; or

(g)be prohibited under a law of this or any other State or the Commonwealth.

(3)If, after considering any representations made under subsection (1)(c) or (d), the commissioner decides the person is not suitable to be, or continue to be, engaged by the service, the commissioner must give the person and the chief executive officer of the relevant entity a written notice stating that the person is not suitable to be, or continue to be, engaged by the service.

(4)If the person is already employed or engaged by the entity, the chief executive officer must—

(a)have regard to the commissioner’s decision that the person is not suitable to be engaged by the police service and the reasons for the decision; and

(b)consider whether appropriate steps may be taken to minimise—

(i)the potential adverse effects of the assessment; and

(ii)the person’s access to information in the possession of the commissioner; and

(c)advise the commissioner of the chief executive officer’s decision.

(5)If the commissioner considers the steps taken do not adequately minimise the person’s access to information in the possession of the commissioner, the commissioner may ask the chairperson of the Crime and Corruption Commission to review the chief executive officer’s decision.

(6)A review conducted under this section—

(a)must be conducted in private; and

(b)must be conducted in the way decided by the chairperson; and

(c)if the chairperson considers it appropriate, may be conducted on the papers, without hearing submissions from any person; and

(d)is not a hearing or investigation of a kind the chairperson may hold under the Crime and Corruption Act 2001.

(7)The chairperson’s decision on the review—

(a)is final and conclusive; and

(b)can not be challenged, appealed against, reviewed, quashed, set aside, or called in question in another way, under the Judicial Review Act 1991 (whether by the Supreme Court, another court, a tribunal or another entity); and

(c)is not subject to any writ or order of the Supreme Court, another court, a tribunal or another entity on any ground.

(8)Information disclosed to the chief executive officer of the entity under subsection (3) must not be disclosed to a member of a selection panel or to anyone else, unless this or another Act permits or requires the disclosure.

s 5AA.13 ins 2003 No. 92 s 32

amd 2014 No. 17 s 139; 2014 No. 21 s 94 (2) sch 2; 2016 No. 19 s 46 sch 1; 2021 No. 12 s 189; 2023 No. 7 s 35

5AA.14 Secrecy

(1)This section applies to a person who—

(a)is, or has been—

(i)a person engaged by the service; or

(ii)a selection panel member; and

(b)in that capacity acquired relevant information about someone else.

(2)The person must not disclose the information to anyone else.

Maximum penalty—100 penalty units or 2 years imprisonment.

(3)Subsection (2) does not apply to the disclosure of information about a person, if—

(a)the disclosure—

(i)is to a police officer, a public service employee in the service, or a selection panel member, for the purpose of assessing the person’s suitability to be, or continue to be, engaged by the service; or

(ii)is with the person’s consent; or

(iii)is of information that is relevant to an existing investigation of an offence; or

(iv)is for a proceeding started because of an investigation mentioned in subparagraph (iii); or

(v)is information the person may disclose to a person who is entitled to ask for it under another Act; or

Example for subparagraph (v)—

Public Sector Act 2022, section 97

(b)the information discloses evidence of the commission or suspected commission of an offence and an investigation is started or facilitated because of the information.

(4)Also, a person involved in any way in anything done under this part can not be compelled to produce to a court any document kept, or to disclose to a court any information obtained, because of the doing of the thing.

(5)Other than to the extent the Police Powers and Responsibilities Act 2000, section 803 applies to the document or information, subsection (4) does not affect the operation of the Judicial Review Act 1991.

(6)In this section—

disclose, in relation to information about a person, includes give access to information about a person.

selection panel member means a member of a panel formed to make a recommendation to the commissioner about a person’s engagement by the service.

s 5AA.14 ins 2003 No. 92 s 32

amd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84, 86); 2009 No. 25 s 38; 2014 No. 12 s 77 sch 1; 2022 No. 34 s 365 sch 3

5AA.15 Guidelines for dealing with relevant information

(1)The commissioner must make guidelines, consistent with this part, for dealing with relevant information obtained by the commissioner under this part.

(2)The purpose of the guidelines is to ensure—

(a)natural justice is afforded to the persons about whom the information is obtained; and

(b)only relevant information is used in assessing the persons’ suitability to be, or continue to be, engaged by the service; and

(c)decisions about the suitability of persons, based on the information, are made in a consistent way.

(3)The commissioner must give a copy of the guidelines, on request, to a person seeking to be engaged, or engaged, by the service.

s 5AA.15 ins 2003 No. 92 s 32

6.1Power to stand down and suspend

(1)If—

(a)it appears to the commissioner, on reasonable grounds that—

(i)an officer is liable to be dealt with for corrupt conduct; or

(ii)an officer is liable to disciplinary action under part 7; or

(iii)the efficient and proper discharge of the prescribed responsibility might be prejudiced, if the officer’s employment is continued; or

(b)an officer is charged with an indictable offence; or

(c)an officer is unfit for reasons of health to such an extent that the officer should not be subject to the duties of a constable;

the commissioner may—

(d)stand down the officer from duty as an officer and direct the person stood down to perform such duties as the commissioner thinks fit; or

(e)suspend the officer from duty.

(2)The commissioner may at any time revoke a standing down or suspension imposed under subsection (1).

s 6.1 amd 1993 No. 77 s 2 sch 1; 2014 No. 21 s 94 (2) sch 2; 2019 No. 32 s 32 sch 1

6.2Salary entitlement if stood down

An officer who is stood down from duty under section 6.1 is entitled to be paid salary and allowances at the rate at which the officer would have received salary and allowances had the standing down not occurred.

6.3Salary entitlement if suspended

(1)An officer suspended from duty under section 6.1 is entitled to be paid salary and allowances at the rate at which the officer would have received salary and allowances had the suspension not occurred, unless the commissioner otherwise determines in a particular case.

(1A)Except that an officer suspended under section 6.1(1)(c) is to be entitled to the salary and allowances to which that officer was previously entitled.

(2)An officer suspended from duty who is not entitled to be paid salary during the suspension—

(a)may receive and retain salary, wages, fees or other remuneration from any lawful source during the suspension, unless the commissioner otherwise determines in a particular case; and

(b)if the officer resumes duty as an officer on the revocation of the suspension—is entitled to receive a sum equivalent to the amount of salary and allowances the officer would have received had the suspension not occurred, reduced by a sum equivalent to the amount of salary, wages, fees and other remuneration to which the officer became entitled from any other source during the suspension, unless the commissioner otherwise determines in a particular case.

(3)An officer suspended from duty without salary who enters into employment whereby the officer will become entitled to salary, wages, fees or other remuneration is to inform the commissioner immediately of the particulars of the employment.

(4)An officer suspended from duty who during the suspension becomes entitled to salary, wages, fees or other remuneration from a source incompatible with assessment of the officer as a fit and proper person to be an officer and who fails to satisfy the commissioner that there are reasonable grounds for not dismissing the officer, may be dismissed from the service.

s 6.3 amd 1993 No. 77 s 2 sch 1

6.4Officer relieved of powers and duties while stood down or suspended

While an officer remains stood down or suspended under section 6.1—

(a)the officer is relieved of the powers and duties of a constable at common law or under any Act or law; and

(b)the officer is not bound by the oath or affirmation taken or made by the officer as prescribed by section 3.3; and

(c)the officer is not to be taken to have breached such oath or affirmation, or provisions of any Act or law relating thereto, or to be liable to disciplinary action under part 7, by reason of the officer’s failure to exercise or perform the powers or duties required of the officer by such oath or affirmation.

s 6.4 amd 2019 No. 32 s 32 sch 1

pt 6A hdg ins 2019 No. 32 s 5

6A.1Duty concerning misconduct and other grounds for disciplinary action

(1)In this section—

conduct means conduct of an officer, wherever and whenever occurring, whether the officer whose conduct is in question is on or off duty at the time the conduct occurs.

officer includes a police recruit.

(2)If any officer or staff member—

(a)knows or reasonably suspects that conduct to which this section refers has occurred; or

(b)is one in respect of whom it can be reasonably concluded that the officer or staff member knew or reasonably suspected that conduct to which this section refers has occurred;

it is the duty—

(c)of the officer or staff member, in the case of conduct that is misconduct, to report the occurrence of the conduct, as soon as is practicable, to the commissioner and to the chairperson of the Crime and Corruption Commission; and

(d)of the officer, in the case of conduct that is misconduct or another ground for disciplinary action, to take all action necessary to achieve the purposes of part 7 that is—

(i)warranted and reasonable in the circumstances; and

(ii)within the authority of the officer.

(3)The commissioner may, by written instrument, exempt stated officers or staff members who have or are likely to have knowledge of conduct that is an alleged contravention of the Anti-Discrimination Act 1991 from compliance with subsection (2), generally or on stated conditions.

(4)The commissioner may give an exemption under subsection (3) only if the commissioner is reasonably satisfied giving the exemption will not adversely affect the welfare of the officers or staff members affected by or involved in the conduct.

(5)However, if a person is given an exemption generally because the person is likely to have knowledge of an alleged contravention of the Anti-Discrimination Act 1991 and the person is the person against whom the complaint for the contravention is made, the exemption does not operate in relation to the complaint against the person.

(6)Also, the commissioner may, by written instrument, exempt an officer or staff member from compliance with subsection (2), generally or on stated conditions, if the officer or staff member—

(a)is appointed to provide confidential counselling services to officers and staff members; or

(b)is a prescribed person under section 5A.21A.

(7)An exemption under subsection (6) only operates while the officer or staff member is providing professional counselling services in an official capacity.

(8)If a person is not required to report misconduct under subsection (2) because of an exemption under subsection (3), the commissioner also is not required to report the misconduct.

s 6A.1 (prev s 7.2) amd 1998 No. 19 s 7; 2001 No. 69 s 378 sch 1; 2005 No. 17 s 29; 2014 No. 21 s 94 (2) sch 2; 2016 No. 19 s 46 sch 1; 2019 No. 32 s 7 (1)–(2)

reloc and renum 2019 No. 32 s 7 (3)

6A.2Offence of victimisation

A person who—

(a)prejudices, or threatens to prejudice, the safety or career of any person;

(b)intimidates or harasses, or threatens to intimidate or harass any person;

(c)does any action that is, or is likely to be, to the detriment of any person;

because the person referred to in paragraph (a), (b) or (c), or any other person, has complied with section 6A.1 by performing the duty therein prescribed commits an offence against this Act.

Maximum penalty—100 penalty units.

s 6A.2 (prev s 7.3) amd 2019 No. 32 s 8 (1)

reloc and renum 2019 No. 32 s 8 (2)

pt 7 hdg sub 2019 No. 32 s 9

pt 7 div 1 hdg ins 2019 No. 32 s 9

7.1Main purposes of part

The main purposes of this part are—

(a)to provide for a system of guiding, correcting, rehabilitating and, if necessary, disciplining officers; and

(b)to ensure appropriate standards of discipline are maintained within the service to—

(i)protect the public; and

(ii)uphold ethical standards within the service; and

(iii)promote and maintain public confidence, and officers’ confidence, in the service.

s 7.1 ins 2019 No. 32 s 9

7.2Application of part

This part applies in relation to a complaint about an officer (the subject officer) if—

(a)the complaint is received by the commissioner or the CCC; and

(b)the CCC has not assumed responsibility for investigating the complaint under the Crime and Corruption Act 2001, section 47 or 48.

Note—

See section 7.7 for when the complaint is received by the commissioner or the CCC.

s 7.2 ins 2019 No. 32 s 9

7.3Definitions for part

In this part—

abbreviated process notice see section 7.18(1).

complaint, about an officer, includes a report about the officer’s conduct under section 6A.1.

comprehensive transfer see section 7.37.

disciplinable conduct means conduct of the subject officer that may constitute a ground for disciplinary action.

disciplinary action means a disciplinary proceeding or the imposition of a professional development strategy under this part.

disciplinary charge, for division 4, see section 7.25(a).

disciplinary history, of an officer, includes—

(a)disciplinary action taken against the officer; and

(b)complaints made against the officer in relation to which a disciplinary proceeding was started, if the disciplinary charge was found not to have been proved; and

(c)complaints made against the officer for which no disciplinary action has been taken.

disciplinary proceeding means a proceeding against the subject officer under division 3 or 4.

disciplinary proceeding notice see section 7.25.

disciplinary sanction see section 7.34.

finally dealt with, in relation to a proceeding, means the proceeding has been withdrawn or dismissed or has otherwise ended, including—

(a)any review or appeal relating to the proceeding; or

(b)the period for starting a review or appeal relating to the proceeding.

ground for disciplinary action means a ground for disciplining the subject officer mentioned in section 7.4.

local transfer see section 7.38.

officer includes a recruit.

prescribed officer means a police officer mentioned in section 2.2(2)(a), (b) or (c) who holds a rank above the rank of the subject officer.

professional development strategy means a requirement that the subject officer do 1 or more of the following things—

(a)undertake mentoring for a stated period not longer than 6 months;

(b)undertake closer supervision for a stated period not longer than 6 months;

(c)comply with additional reporting obligations for a stated period not longer than 6 months;

(d)complete internal training;

(e)complete external training or professional development, at the expense of the service or the subject officer;

(f)undertake counselling, whether provided within the service or externally, at the expense of the service or the subject officer;

(g)receive guidance;

(h)undertake a temporary reassignment of duties for a stated period not longer than 6 months;

Note—

See also section 7.5(1) in relation to a temporary reassignment of duties.

(i)undertake or complete another program, development or strategy, at the expense of the service or the subject officer and with the subject officer’s agreement;

(j)anything else prescribed by regulation.

proposed sanction notice see section 7.28(2).

proposed sanction or strategy—

(a)for division 3, see section 7.18(1)(c); or

(b)for division 4, see section 7.28(2)(c).

required period, for division 3, subdivision 3, see section 7.20.

service history, of an officer, includes—

(a)the rank and positions held by the officer; and

(b)the officer’s performance history, other than matters included in the officer’s disciplinary history; and

(c)other matters related to the officer’s service.

subject officer see section 7.2.

s 7.3 ins 2019 No. 32 s 9

7.4Grounds for disciplinary action

(1)The subject officer may be disciplined under this part if the subject officer has—

(a)committed misconduct; or

(b)been convicted—

(i)in Queensland of an indictable offence; or

(ii)outside Queensland of an offence that, if it were committed in Queensland, would be an indictable offence; or

(c)performed the subject officer’s duties carelessly, incompetently or inefficiently; or

(d)been absent from duty without approved leave and without reasonable excuse; or

(e)contravened, without reasonable excuse—

(i)a provision of this Act or the Police Powers and Responsibilities Act 2000; or

(ii)a code of conduct that applies to the subject officer; or

(iii)a direction given to the subject officer by the commissioner under this Act or by a senior officer with authority to give the direction.

(2)For subsection (1)(b), the subject officer is convicted if a court makes a finding of guilt, or accepts a plea of guilty, whether or not a conviction is recorded.

s 7.4 amd 1997 No. 59 s 48 sch 1; 2001 No. 69 s 378 sch 1; 2009 No. 24 s 1605; 2014 No. 21 s 94 (2) sch 2

sub 2019 No. 32 s 9

7.5Imposition of professional development strategies etc.

(1)For the definition professional development strategy, paragraph (h), a temporary reassignment of duties may be imposed on the subject officer under this part only if—

(a)the subject officer is not required to travel more than 40km by road from the officer’s place of residence to the location of the officer’s reassigned duties without the officer’s consent; and

(b)during the reassignment, the officer’s salary, allowances and other entitlements under an industrial instrument are not less than the officer’s entitlements immediately before the reassignment.

(2)Nothing in this part limits a senior officer—

(a)imposing, in a reasonable way, professional development strategies on the subject officer in relation to a ground for disciplinary action; or

(b)giving the subject officer guidance in relation to inappropriate acts or omissions of the subject officer in the performance of the subject officer’s duty.

(3)Subsection (2) applies even if the period for starting a disciplinary proceeding against the subject officer based on the ground for disciplinary action has ended.

s 7.5 ins 2019 No. 32 s 9

7.6Corrupt conduct

(1)Nothing in this part prevents the CCC or the commissioner starting a corrupt conduct proceeding against the subject officer instead of a disciplinary proceeding.

(2)Subsection (3) applies if—

(a)a corrupt conduct proceeding is started against the subject officer; and

(b)a disciplinary proceeding relating to the corrupt conduct has been started against the subject officer but has not been finally dealt with.

(3)The disciplinary proceeding is taken to have been withdrawn and is of no effect.

(4)In this section—

corrupt conduct proceeding means a proceeding for corrupt conduct under the Crime and Corruption Act 2001, section 219F.

s 7.6 ins 2019 No. 32 s 9

7.7When complaints are received

(1)For this part, a complaint is taken to be received by the commissioner or the CCC when the complaint is first recorded.

(2)However, if more than 1 complaint is received by the commissioner or the CCC about the same matter or substantially similar matters, each complaint is taken to be received by the commissioner or the CCC when any of the complaints is first recorded.

(3)The commissioner and the chairperson of the CCC must ensure a complaint is recorded as soon as reasonably practicable after it is made.

(4)In this section—

recorded means recorded in an electronic system for complaints management operated by the service or the CCC.

s 7.7 ins 2019 No. 32 s 9

7.8Requirement to give notices to subject officer’s lawyer

(1)This section applies if—

(a)a provision of this part requires or permits a person to give a notice to the subject officer; and

(b)the person is aware the subject officer is represented by a lawyer.

(2)The person must give the subject officer’s lawyer a copy of the notice given to the subject officer.

(3)Failure to comply with subsection (2) does not affect—

(a)the validity of the notice given to the subject officer; or

(b)the person’s compliance with the provision mentioned in subsection (1)(a).

s 7.8 ins 2019 No. 32 s 9

pt 7 div 2 hdg ins 2019 No. 32 s 9

7.9Implementation of professional development strategies by commissioner

(1)This section applies when the complaint mentioned in section 7.2 is received by the commissioner, regardless of whether it was first recorded by the CCC.

(2)The commissioner must consider whether to impose a professional development strategy on the subject officer.

(3)The commissioner may impose a professional development strategy under this section—

(a)to reduce the risk of recurrence of similar conduct; or

(b)to improve the subject officer’s performance; or

(c)for any other purpose.

(4)The professional development strategy must be implemented, in a reasonable way, as soon as practicable after the ground for disciplinary action arises.

Note—

See also section 7.35(3) in relation to the professional development strategy being taken into account by a prescribed officer deciding the disciplinary sanction to be imposed on the subject officer.

(5)In this section—

recorded see section 7.7.

s 7.9 ins 2019 No. 32 s 9

7.10Referral of complaint to prescribed officer

(1)This section applies if—

(a)the complaint mentioned in section 7.2 has been received by the commissioner; and

(b)the commissioner has considered under section 7.9 whether to impose a professional development strategy.

(2)The commissioner must decide whether to refer the complaint to a prescribed officer, having regard to the following matters—

(a)any professional development strategy, or other management action, that has been implemented in relation to the subject officer;

(b)whether implementation of any other professional development strategy would be sufficient to achieve the purposes mentioned in section 7.1(b);

(c)the subject officer’s disciplinary history and service history;

(d)the seriousness of the conduct to which the complaint relates;

(e)whether it is necessary to take disciplinary action against the subject officer to achieve the purposes mentioned in section 7.1(b).

s 7.10 ins 2019 No. 32 s 9

7.11Requirements for starting disciplinary proceeding

(1)This section applies if the commissioner has, under section 7.10, referred the complaint to a prescribed officer.

(2)The prescribed officer may start a disciplinary proceeding against the subject officer if the prescribed officer reasonably believes there is a ground for disciplinary action against the subject officer.

s 7.11 ins 2019 No. 32 s 9

7.12When disciplinary proceeding must be started

(1)A disciplinary proceeding against the subject officer must start within the latest of the following periods to end—

(a)1 year from the date the ground for disciplinary action arises;

(b)6 months from the date the complaint mentioned in section 7.2, or another complaint substantially relating to the same ground for disciplinary action, is received by the commissioner or the CCC;

(c)if a relevant proceeding has been started—6 months from the day the relevant proceeding is finally dealt with.

(2)For this section, a period for which the subject officer is absent from duty is not counted if the commissioner can demonstrate the absence caused or contributed to a delay in starting a disciplinary proceeding.

Examples of the subject officer being absent from duty—

•the subject officer is on leave

•the subject officer is suspended from duty

(3)For this part, a disciplinary proceeding starts when an invitation under section 7.17 or disciplinary proceeding notice for the proceeding is given to the subject officer by the prescribed officer.

(4)In this section—

relevant proceeding means either of the following proceedings, in relation to conduct that substantially relates to the ground for disciplinary action—

(a)a criminal proceeding started against a member of the service or a former officer within the meaning of section 7A.1(1)(b);

(b)a proceeding for an application for a protection order under the Domestic and Family Violence Protection Act 2012 to which the subject officer is the respondent.

s 7.12 ins 2019 No. 32 s 9

amd 2023 No. 7 s 54

7.13When ground for disciplinary action arises

(1)For this part, a ground for disciplinary action against the subject officer arises on—

(a)if the ground relates to conduct involving a single act or omission—the day the conduct occurred; or

(b)if the ground relates to ongoing conduct of the same or a similar nature or arising out of the same circumstances—the latest day the conduct occurs.

(2)However, subsection (3) applies if—

(a)during a prescribed operation, the commissioner or the CCC becomes aware of a ground for disciplinary action against the subject officer; and

(b)a relevant officer overseeing all or part of the operation reasonably believes that starting disciplinary action against the subject officer may compromise the operation.

(3)The ground for disciplinary action is taken to arise on the day the operation ends.

(4)If subsection (3) applies because the CCC becomes aware of the ground for disciplinary action, the chairperson of the CCC must include the information mentioned in subsection (6) in a statutory declaration, or a report under the Crime and Corruption Act 2001, section 49, given to the commissioner.

(5)If subsection (3) applies because the commissioner becomes aware of the ground for disciplinary action, the commissioner must issue a notice including the information mentioned in subsection (6).

(6)For subsections (4) and (5), the information is—

(a)that the commissioner or the CCC, as the case may be, became aware of a ground for disciplinary action against a named officer during a prescribed operation; and

(b)the dates the operation started and ended; and

(c)that a named relevant officer had oversight of all or part of the operation; and

(d)the relevant officer reasonably believed that starting disciplinary action against the officer mentioned in paragraph (a) before the end of the operation may have compromised the operation.

(7)In this section—

integrity agency means a statutory body established under a law of the Commonwealth or another State, the functions of which include the investigation of matters relating to integrity or corruption in the police force or service, or the public service, of the Commonwealth or that State.

police agency means a police force or service of the Commonwealth or another State.

prescribed operation means—

(a)a controlled activity or controlled operation under the Crime and Corruption Act 2001 or the Police Powers and Responsibilities Act 2000; or

(b)a specific intelligence operation under the Crime and Corruption Act 2001; or

(c)an investigation by the CCC or an integrity agency; or

(d)an investigation carried out by the service, a police agency, the CCC or an integrity agency involving interception of telecommunications authorised by a warrant issued under the Telecommunications (Interception and Access) Act 1979 (Cwlth); or

(e)an investigation involving a surveillance device authorised by a surveillance device warrant issued under the Police Powers and Responsibilities Act 2000; or

(f)an activity, operation or investigation that—

(i)is carried out by a police agency or an integrity agency under a law of the Commonwealth or another State; and

(ii)corresponds or substantially corresponds to an activity, operation or investigation mentioned in paragraph (a), (b) or (c).

relevant officer means—

(a)the commissioner; or

(b)the chairperson of the CCC; or

(c)a delegate of the commissioner or the chairperson of the CCC.

s 7.13 ins 2019 No. 32 s 9

amd 2023 No. 7 s 55

7.14Examination by medical practitioner

(1)This section applies if—

(a)a prescribed officer is considering starting disciplinary action against the subject officer; and

(b)the disciplinable conduct involves absence from duty.

(2)The prescribed officer may—

(a)appoint a medical practitioner to examine the subject officer and give the commissioner a written report on the subject officer’s mental or physical condition; and

(b)direct the subject officer to submit to the examination.

(3)The report on the medical examination must include the medical practitioner’s opinion as to whether the subject officer’s mental or physical condition was a cause of the subject officer’s absence from duty.

(4)The commissioner must give the subject officer a copy of the report.

s 7.14 ins 2019 No. 32 s 9

pt 7 div 3 hdg ins 2019 No. 32 s 9

pt 7 div 3 sdiv 1 hdg ins 2019 No. 32 s 9

7.15Application of division

This division applies in relation to the subject officer if a disciplinary proceeding under division 4 relating to the complaint mentioned in section 7.2—

(a)has not been started; or

(b)has been started but has not been finally dealt with.

Note—

See also the requirements in sections 7.11 and 7.12 for starting disciplinary proceedings under this division.

s 7.15 ins 2019 No. 32 s 9

pt 7 div 3 sdiv 2 hdg ins 2019 No. 32 s 9

7.16 Offer to impose disciplinary sanction or professional development strategy

(1)A prescribed officer may offer to impose a disciplinary sanction or professional development strategy on the subject officer under this division.

(2)However, the offer may be made only if the CCC has agreed to the making of the offer.

(3)The offer may be made regardless of whether an investigation relating to the complaint has started or been finalised.

s 7.16 ins 2019 No. 32 s 9

7.17Requirement to give subject officer an invitation and ability to seek further information

(1)Before seeking the agreement of the CCC for section 7.16, the prescribed officer—

(a)must comply with subsections (2) and (3); and

(b)may obtain further information from the subject officer under subsection (4).

(2)The prescribed officer must give the subject officer a written notice (an invitation) stating the following matters—

(a)the date and details of the complaint and alleged ground for disciplinary action;

(b)any further particulars necessary to identify the conduct alleged to constitute the ground for disciplinary action;

(c)that the subject officer may give the prescribed officer a written submission and other material, within a stated period of at least 21 days, addressing—

(i)the complaint; or

(ii)what disciplinary sanction or professional development strategy the subject officer would accept if an offer were made under section 7.16;

(d)that the subject officer may refuse the invitation by giving the prescribed officer written notice of the refusal within the period mentioned in paragraph (c).

(3)The prescribed officer must consider any written submission or other materials given within the stated period to the prescribed officer by the subject officer.

(4)After complying with subsection (3), the prescribed officer may, by written notice, require the subject officer to give the prescribed officer further stated information (the required information) reasonably required by the prescribed officer to decide—

(a)whether to make the subject officer an offer under section 7.16; or

(b)the disciplinary sanction or professional development strategy to be offered to the subject officer under section 7.16.

(5)A notice given under subsection (4) must state the period, of at least 14 days, within which the required information must be given to the prescribed officer.

(6)The prescribed officer may extend the period mentioned in subsection (5).

s 7.17 ins 2019 No. 32 s 9

amd 2023 No. 7 s 56

7.17A Ending of proceeding—subject officer does not accept invitation

(1)Subsection (2) applies if the subject officer—

(a)does not give the prescribed officer a written submission and other material within the stated period under section 7.17(2)(c); or

(b)gives the prescribed officer a written notice refusing the invitation within the stated period under section 7.17(2)(d); or

(c)fails to give the prescribed officer the required information within the period stated in section 7.17(5) or the further period stated in section 7.17(6).

(2)The disciplinary proceeding under this division ends and a disciplinary proceeding against the subject officer may be started under division 4.

(3)For starting a disciplinary proceeding against the subject officer under division 4, section 7.12(1)(b) applies as if it referred to the period of 6 months from the following day—

(a)if the subject officer does not give the prescribed officer a written submission and other material within the stated period under section 7.17(2)(c)—the day the stated period ends;

(b)if the subject officer gives the prescribed officer a written notice refusing the invitation within the stated period under section 7.17(2)(d)—the day the notice is given;

(c)if the prescribed officer requires the subject officer to give the prescribed officer required information and the subject officer fails to give the information within the period stated in section 7.17(5) or the further period stated in section 7.17(6)—the day the period or further period ends.

s 7.17A ins 2023 No. 7 s 57

7.18Abbreviated process notice

(1)An offer under section 7.16 must be made by giving the subject officer a written notice (an abbreviated process notice) stating the following matters—

(a)the date and details of the complaint and alleged ground for disciplinary action;

(b)any further particulars necessary to identify the conduct alleged to constitute the ground for disciplinary action;

(c)the disciplinary sanction or professional development strategy (the proposed sanction or strategy) the prescribed officer proposes to impose;

(d)that the proposed sanction or strategy will be imposed only if the subject officer accepts it;

(e)the period within which, and how, the subject officer may accept the proposed sanction or strategy;

(f)that the subject officer’s acceptance of the proposed sanction or strategy may be accompanied by a submission or other materials about the complaint or the proposed sanction or strategy;

(g)that if a disciplinary sanction or professional development strategy is imposed under this division—

(i)the sanction or strategy will be part of the subject officer’s disciplinary history; and

(ii)there is no right of review under this Act or the Crime and Corruption Act 2001 in relation to the imposition of the disciplinary sanction or professional development strategy;

(h)that the subject officer may apply to QCAT under section 7.24 for an order quashing the disciplinary proceeding in particular circumstances.

(2)For subsection (1)(e), the stated period must be a reasonable period of at least 21 days after the subject officer is given the abbreviated process notice.

s 7.18 ins 2019 No. 32 s 9

7.19Subject officer may ask commissioner to make offer

(1)The subject officer may, at any time, ask the commissioner to consider making an offer under section 7.16.

(2) The request may be accompanied by a written submission or other materials about matters the subject officer believes the commissioner should consider in deciding—

(a)whether to make the offer; or

(b)an appropriate disciplinary sanction or professional development strategy to be proposed.

s 7.19 ins 2019 No. 32 s 9

pt 7 div 3 sdiv 3 hdg ins 2019 No. 32 s 9

7.20Definition for subdivision

In this subdivision—

required period means—

(a)the period stated in the abbreviated process notice under section 7.18(1)(e); or

(b)if the period mentioned in paragraph (a) is extended under section 7.21(3)—the extended period.

s 7.20 ins 2019 No. 32 s 9

7.21 Subject officer’s acceptance of proposed sanction or strategy

(1)If an abbreviated process notice is given to the subject officer, the subject officer may, by written notice that complies with subsection (2)(a), accept the proposed sanction or strategy.

(2)The subject officer’s notice—

(a)must be given to the prescribed officer—

(i)within the required period; and

(ii)in the way stated in the abbreviated process notice under section 7.18(1)(e); and

(b)may be accompanied by a submission or other materials about the complaint or the proposed sanction or strategy.

(3)The prescribed officer may, by agreement with the subject officer, extend the period stated in the abbreviated process notice in which the subject officer may accept the proposed sanction or strategy.

s 7.21 ins 2019 No. 32 s 9

7.22Ending of proceeding—subject officer does not accept proposed sanction or strategy

(1) If the subject officer does not accept the proposed sanction or strategy within the required period—

(a)the disciplinary proceeding under this division ends; and

(b)a disciplinary proceeding against the subject officer may be started under division 4; and

(c)each of the following is not admissible against the subject officer in any proceeding, including a subsequent disciplinary proceeding—

(i)a submission made by the subject officer in response to an invitation under section 7.17, including any accompanying materials;

(ii)a request made by the subject officer under section 7.19, including any accompanying submission or other materials.

(2)For starting a disciplinary proceeding against the subject officer under division 4, section 7.12(1)(b) applies as if it referred to the period of 6 months from the following day—

(a)if the subject officer gives the prescribed officer a written notice refusing to accept the proposed sanction or strategy within the required period—the day the notice is given;

(b)otherwise—the day the required period ends.

s 7.22 ins 2019 No. 32 s 9

7.23Imposition of disciplinary sanction or professional development strategy

(1)This section applies if the subject officer accepts the proposed sanction or strategy within the required period.

(2)The prescribed officer must, after considering any written submission and other materials given to the prescribed officer by the subject officer under this division—

(a)impose the proposed sanction or strategy; and

(b)give the subject officer notice of the decision, including a brief statement of the reasons for the decision.

(3)The subject officer is taken to have admitted the alleged ground for disciplinary action stated in the abbreviated process notice.

(4)The imposition of the disciplinary sanction or professional development strategy finalises the complaint to which the proceeding relates.

(5)This section applies subject to section 7.24 and division 5.

s 7.23 ins 2019 No. 32 s 9

pt 7 div 3 sdiv 4 hdg ins 2019 No. 32 s 9

7.24New evidence and quashing of proceeding by QCAT

(1)This section applies if—

(a)a disciplinary sanction or professional development strategy has been imposed under this division; and

(b)fresh, additional or substituted evidence (new evidence) later emerges that, had it been considered by the prescribed officer in deciding the disciplinary sanction or professional development strategy to be imposed, would have affected the decision.

(2)The CCC, the commissioner or the subject officer may apply to QCAT for an order quashing the proceeding under this division.

(3)QCAT may make an order quashing the proceeding under this division if satisfied—

(a)the new evidence would have had a considerable effect on the disciplinary sanction or professional development strategy imposed; and

(b)it is in the interests of justice to quash the proceeding.

(4)If QCAT makes an order quashing the disciplinary proceeding under this division—

(a)the proceeding is taken to have never occurred; and

(b)subject to subsection (5), a new disciplinary proceeding may be started against the subject officer in relation to the same matter or a substantially similar matter; and

(c)each of the following is inadmissible in a new disciplinary proceeding or proceeding for corrupt conduct under the Crime and Corruption Act 2001—

(i)an invitation under section 7.17, an abbreviated process notice or a request to be given an abbreviated process notice;

(ii)a submission or decision made under section 7.17, 7.19 or 7.21;

(iii)anything else produced by the subject officer for the proceeding.

(5)Despite section 7.12, a new disciplinary proceeding mentioned in subsection (4)(b) must be started within 6 months of the making of the order by QCAT.

s 7.24 ins 2019 No. 32 s 9

pt 7 div 4 hdg ins 2019 No. 32 s 9

pt 7 div 4 sdiv 1 hdg ins 2019 No. 32 s 9

7.25 How disciplinary proceeding is started

A prescribed officer may start a disciplinary proceeding under this division by giving the subject officer a notice (a disciplinary proceeding notice) stating—

(a)particulars of the alleged ground for disciplinary action (the disciplinary charge); and

(b)that the subject officer may, within a stated period of at least 28 days, give the prescribed officer a written submission and other materials to show why disciplinary action should not be taken in relation to the disciplinary charge.

Note—

See also the requirements in sections 7.11 and 7.12 for starting disciplinary proceedings under this division.

s 7.25 ins 2019 No. 32 s 9

7.26Subject officer’s right to make written submission

(1)The subject officer may, within the required period, give the prescribed officer a written submission and other materials to show why disciplinary action should not be taken in relation to the disciplinary charge.

(2)The prescribed officer may, by agreement with the subject officer, extend the period stated in the disciplinary proceeding notice under section 7.25(b).

(3)In this section—

required period means—

(a)the period mentioned in the disciplinary proceeding notice under section 7.25; or

(b)if the period mentioned in paragraph (a) has been extended under subsection (2)—the extended period.

s 7.26 ins 2019 No. 32 s 9

amd 2023 No. 7 s 68 sch 1 pt 1

7.27Decision about whether disciplinary charge is proved

(1)This section applies if—

(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

(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).

(2)The prescribed officer must decide whether the disciplinary charge, or another ground for disciplinary action, is proved.

(3)Subsection (4) applies if—

(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.

(4)Within 14 days after making the decision, the prescribed officer must—

(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

(b)for a decision mentioned in subsection (3)(b)—give the subject officer and the CCC a QCAT information notice for the decision.

Notes—

1If 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.

2See 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

pt 7 div 4 sdiv 2 hdg ins 2019 No. 32 s 9

7.28Proposed sanction notice

(1)This section applies if, under section 7.27, the prescribed officer is reasonably satisfied the disciplinary charge, or another ground for disciplinary action, is proved.

(2)The prescribed officer may give the subject officer a notice (a proposed sanction notice) stating each of the following matters—

(a)that the prescribed officer has decided the disciplinary charge, or another ground for disciplinary action, is proved;

(b)the reasons for the decision;

(c)the disciplinary sanction or professional development strategy (the proposed sanction or strategy) the prescribed officer proposes to impose on the subject officer;

(d)that the subject officer may give the prescribed officer a written submission and other materials, within a stated period of at least 21 days, to show why the proposed sanction or strategy should not be imposed.

s 7.28 ins 2019 No. 32 s 9

7.29Subject officer’s right to make written submission

(1)The subject officer may, within the required period, give the prescribed officer a written submission and other material to show why the proposed sanction or strategy should not be imposed.

(2)The prescribed officer may, by agreement with the subject officer, extend the period stated in the proposed sanction notice under section 7.28(2)(d).

(3)In this section—

required period means—

(a)the period stated in the proposed sanction notice under section 7.28(2)(d); or

(b)if the period mentioned in paragraph (a) has been extended under subsection (2)—the extended period.

s 7.29 ins 2019 No. 32 s 9

7.30Decision about imposition of disciplinary sanction or professional development strategy

(1)This section applies if—

(a)the prescribed officer has given the subject officer a proposed sanction notice; and

(b)either—

(i)the required period under section 7.29 has ended; or

(ii)the subject officer has given the prescribed officer a written submission under section 7.29(1); and

(c)the prescribed officer has considered any written submission and other materials given to the prescribed officer by the subject officer under section 7.29(1).

(2)The prescribed officer must decide—

(a)to impose on the subject officer—

(i)the proposed sanction or strategy; or

(ii)any other disciplinary sanction or professional development strategy that is no more detrimental to the subject officer than the proposed sanction or strategy; or

(b)not to impose a disciplinary sanction or professional development strategy on the subject officer.

(3)A decision under subsection (2)(a) takes effect on the day the subject officer is given a QCAT information notice for the decision under section 7.31.

(4)This section applies subject to division 5.

s 7.30 ins 2019 No. 32 s 9

7.31QCAT information notices

(1)Within 14 days after making a decision under section 7.30(2), the prescribed officer must give the subject officer and the CCC a QCAT information notice for each of the following decisions—

(a)the decision under section 7.27(2) that the disciplinary charge, or another ground for disciplinary action, is proved;

(b)the decision under section 7.30(2) to impose, or not to impose, a disciplinary sanction or professional development strategy.

Note—

See the Crime and Corruption Act 2001, chapter 5, part 3 in relation to review by QCAT of the decisions mentioned in subsection (1).

(2)A QCAT information notice for a decision to impose a disciplinary sanction or professional development strategy must state the following matters—

(a)the disciplinary sanction or professional development strategy imposed;

(b)the date the sanction or strategy takes effect;

(c)whether the sanction or strategy is suspended under section 7.41 and, if so, the period and any conditions of the suspension;

(d)that the sanction or strategy will form part of the subject officer’s disciplinary history;

(e)that the sanction or strategy may be taken into account in future disciplinary proceedings for deciding—

(i)whether to start a disciplinary proceeding for any future alleged disciplinable conduct; and

(ii)the suitability of the subject officer to be or continue to be a police officer, including a police officer of a particular rank.

Note—

If the disciplinary sanction is probation, see also section 7.36(3) for additional matters that must be stated in the QCAT information notice.

(3)Subsection (2) does not limit the QCAT Act, section 157(2).

s 7.31 ins 2019 No. 32 s 9

pt 7 div 4 sdiv 3 hdg ins 2019 No. 32 s 9

7.32Principles for conducting disciplinary proceeding

In conducting the disciplinary proceeding, the prescribed officer—

(a)must observe the rules of natural justice; and

(b)must act as quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the matters before the prescribed officer; and

(c)is not bound by the rules of evidence; and

(d)may get information on a matter in a way the prescribed officer considers appropriate; and

(e)may decide the procedures to be followed for the proceeding, subject to any guidelines made under section 7.44.

s 7.32 ins 2019 No. 32 s 9

pt 7 div 5 hdg ins 2019 No. 32 s 9

7.33Application of division

This division applies for imposing a disciplinary sanction or professional development strategy on the subject officer under division 3 or 4.

s 7.33 ins 2019 No. 32 s 9

7.34Disciplinary sanctions

Each of the following sanctions is a disciplinary sanction—

(a)dismissal;

(b)suspension from duty without pay for not longer than 12 months;

(c)probation for not longer than 12 months;

Note—

See also section 7.36 in relation to probation.

(d)demotion, whether permanently or for a stated period;

(e)comprehensive transfer;

(f)local transfer;

(g)performance of up to 100 hours of community service;

Note—

See also section 7.39 in relation to community service.

(h)a fine of up to 50 penalty units;

Note—

See also section 7.40 in relation to fines.

(i)a reprimand.

s 7.34 ins 2019 No. 32 s 9

7.35Power of prescribed officer to impose disciplinary sanction

(1)The prescribed officer may impose a disciplinary sanction on the subject officer that—

(a)is mentioned in subsection (2); and

(b)the prescribed officer considers is appropriate in the particular case.

(2)For subsection (1)(a), the following disciplinary sanctions may be imposed—

(a)if the prescribed officer is the commissioner—any disciplinary sanction;

(b)if the prescribed officer is a deputy commissioner—any disciplinary sanction;

(c)if the prescribed officer is an assistant commissioner—

(i)suspension from duty without pay for not longer than 28 days; or

(ii)demotion; or

(iii)local transfer; or

(iv)community service; or

(v)a fine; or

(vi)a reprimand;

(d)if the prescribed officer is a commissioned officer—

(i)community service; or

(ii)a fine; or

(iii)a reprimand.

(3)In deciding the disciplinary sanction to be imposed, the prescribed officer must have regard to the following matters—

(a)any considerations provided for in a guideline made under section 7.44;

(b)the subject officer’s disciplinary history and service history;

(c)any professional development strategies imposed on, or completed by, the subject officer in relation to the ground for disciplinary action.

(4)For the removal of doubt, it is declared that the prescribed officer may impose more than 1 disciplinary sanction on the subject officer.

s 7.35 ins 2019 No. 32 s 9

7.36 Probation

(1)This section applies if the disciplinary sanction imposed on the subject officer is probation.

(2)The prescribed officer may impose conditions on the probation.

(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—

(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.

(4)The purpose of the probation is to enable—

(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.

(5)For this section, the subject officer breaches the probation if, during the period of the probation, the subject officer—

(a)commits misconduct; or

(b)fails without a reasonable excuse to comply with a condition of the probation.

(6)A show cause proceeding for dismissal of the subject officer on a ground mentioned in subsection (3)(b) must—

(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.

(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.

Note—

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

7.37Comprehensive transfer

A comprehensive transfer is a transfer of the subject officer to a position in another location in Queensland, if—

(a)the transfer reasonably requires the subject officer to—

(i)relocate the subject officer’s residence; or

(ii)travel more than 40km by road between the subject officer’s residence and the location; and

(b)the subject officer does not consent to the transfer.

s 7.37 ins 2019 No. 32 s 9

7.38Local transfer

(1)A local transfer is—

(a)a transfer to another position, at the same location in Queensland, that involves a change in the nature of the subject officer’s duties; or

(b)a transfer of the subject officer to a position in another location in Queensland if the transfer does not reasonably require the subject officer to—

(i)relocate the subject officer’s residence; or

(ii)travel more than 40km by road between the subject officer’s residence and the location.

(2)A local transfer mentioned in subsection (1) may be imposed without the consent of the subject officer.

(3)Also, a transfer of the subject officer to a position in another location in Queensland is a local transfer if—

(a)the transfer reasonably requires the subject officer to—

(i)relocate the subject officer’s residence; or

(ii)travel more than 40km by road between the subject officer’s residence and the location; and

(b)the subject officer consents to the transfer.

s 7.38 ins 2019 No. 32 s 9

7.39Community service

(1)This section applies if the disciplinary sanction imposed on the subject officer is community service.

(2)The subject officer must be allowed at least 1 calendar month to complete each 10 hours, or part of 10 hours, of the community service.

(3)A prescribed officer of at least the same rank as the prescribed officer who imposed the disciplinary sanction of community service may, on application by the subject officer, extend the time for performing the community service, or otherwise vary the community service, on reasonable grounds.

s 7.39 ins 2019 No. 32 s 9

7.40Fines

(1)This section applies if the disciplinary sanction imposed on the subject officer is a fine.

(2)The fine must not be deducted from the subject officer’s fortnightly salary at a rate of more than 2 penalty units each fortnight, without the subject officer’s written consent.

(3)If the subject officer retires, resigns or otherwise stops being an officer, any outstanding amount of the fine may be deducted in full from any allowances, salary or other entitlements owing to the subject officer.

s 7.40 ins 2019 No. 32 s 9

7.41Suspension of disciplinary sanctions

(1)This section does not apply if the disciplinary sanction imposed on the subject officer is dismissal or probation.

(2)The prescribed officer imposing the disciplinary sanction may wholly or partly suspend the sanction for not more than 12 months—

(a)by giving the subject officer written notice of the suspension; and

(b)subject to any conditions stated in the notice.

(3)If the subject officer complies with the conditions of the suspension—

(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.

(4)If the subject officer does not comply with the conditions of the suspension—

(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

(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.

(5)A show cause proceeding under subsection (4)(b) must be started within 12 months from the end of the period of the suspension.

(6)The prescribed officer conducting a show cause proceeding under subsection (4)(b) must decide to—

(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.

(7)The prescribed officer must give the subject officer and the CCC a QCAT information notice for the decision.

Note—

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

7.42Professional development strategies

The prescribed officer may decide to impose, in a reasonable way, 1 or more professional development strategies on the subject officer—

(a)for achieving the purposes of this part; and

(b)instead of, or as well as, a disciplinary sanction.

s 7.42 ins 2019 No. 32 s 9

pt 7 div 6 hdg ins 2019 No. 32 s 9

pt 7 div 6 sdiv 1 hdg ins 2023 No. 7 s 58

7.42A Application of subdivision

This subdivision applies if—

(a)the commissioner has, under section 7.10, referred a complaint about a subject officer to a prescribed officer (the original prescribed officer); and

(b)the original prescribed officer has started a disciplinary proceeding against the subject officer but the disciplinary proceeding has not been finally dealt with; and

(c)the original prescribed officer is unable to continue to conduct the disciplinary proceeding because the prescribed officer—

(i)dies; or

(ii)stops being employed as an officer; or

(iii)is stood down or suspended from duty under section 6.1; or

(iv)is demoted, whether permanently or for a stated period; or

(v)has a certificate issued by a medical practitioner stating that the prescribed officer is incapable of continuing to conduct the disciplinary proceeding, whether temporarily or otherwise, because of mental or physical incapacity.

s 7.42A ins 2023 No. 7 s 58

7.42B Appointment of new prescribed officer

(1)The commissioner must, within 28 days after the commissioner becomes aware that the original prescribed officer is unable to continue to conduct the disciplinary proceeding, ask the subject officer to give the commissioner, within 14 days after the request (the stated period), written consent to appoint another prescribed officer (a new prescribed officer) to conduct the disciplinary proceeding.

(2)If the subject officer gives written consent within the stated period or a longer period the commissioner allows, the commissioner may appoint a new prescribed officer with the power to impose the same or a lesser disciplinary sanction under this part as the original prescribed officer.

Note—

See section 7.35(2) for the disciplinary sanctions that may be imposed by particular prescribed officers.

(3)The appointment of the new prescribed officer must be made within 28 days after the commissioner receives the subject officer’s consent.

(4)In conducting the disciplinary proceeding, the new prescribed officer may consider only—

(a)any matters stated in an abbreviated process notice or the disciplinary charge stated in the disciplinary proceeding notice given to the subject officer under section 7.18 or 7.25; and

(b)any submissions and materials given to the original prescribed officer or new prescribed officer under section 7.19(2) or 7.26(1).

(5)If the original prescribed officer had proposed imposing a professional development strategy on the subject officer under section 7.18 or 7.28, the new prescribed officer may impose the same or a different professional development strategy but must not impose a disciplinary sanction on the subject officer.

(6)If the original prescribed officer had proposed imposing a disciplinary sanction on the subject officer under section 7.18 or 7.28 (the proposed sanction), the new prescribed officer must not impose a greater disciplinary sanction on the subject officer than the proposed sanction.

s 7.42B ins 2023 No. 7 s 58

7.42C Ending of proceeding—subject officer does not give consent for new prescribed officer to conduct proceeding

(1)This section applies if the subject officer does not give the commissioner, within the stated period under section 7.42B(1) or the longer period the commissioner allows, written consent to appoint a new prescribed officer to conduct the disciplinary proceeding.

(2)The commissioner must appoint another prescribed officer to start a disciplinary proceeding under division 3 or 4 against the subject officer for the complaint (the new proceeding).

Note—

See section 7.35(2) for the disciplinary sanctions that may be imposed by particular prescribed officers.

(3)The prescribed officer appointed under subsection (2) must have the power to impose the same or a lesser disciplinary sanction under this part as the original prescribed officer.

(4)Upon the new proceeding starting, the disciplinary proceeding is taken to be withdrawn and is of no effect.

(5)The prescribed officer must conduct the new proceeding without regard to any submissions or material given by the subject officer for the disciplinary proceeding, unless the subject officer consents to the submissions or material being used for the new proceeding.

(6)Despite section 7.12, the new proceeding must start within 28 days after the appointment of the prescribed officer under subsection (2).

s 7.42C ins 2023 No. 7 s 58

pt 7 div 6 sdiv 2 hdg ins 2023 No. 7 s 58

7.43Central disciplinary unit

(1)The commissioner may establish a central unit (the central unit) that is responsible for conducting disciplinary proceedings.

(2)The central unit must be separate and distinct from the unit involved in investigating complaints for this part.

(3)The executive officer responsible for investigating complaints for this part must not be responsible for the operation, supervision or command of the central unit.

(4)An officer, while performing duties as an assistant commissioner within the central unit, is taken to have the same powers to impose disciplinary sanctions under this part as a deputy commissioner.

(5)An officer, while performing duties as a chief superintendent within the central unit, has the same powers to impose disciplinary sanctions under this part as an assistant commissioner.

s 7.43 ins 2019 No. 32 s 9

7.44Guidelines

(1)The commissioner may make guidelines relating to the disciplinary process, including—

(a)the way investigations of complaints are to be conducted; and

(b)the way disciplinary proceedings are to be conducted, including matters to which a prescribed officer must have regard when imposing a disciplinary sanction.

(2)Before making guidelines under this section, the commissioner must actively consult with, and have regard to the views of—

(a)the chairperson of the CCC; and

(b)each union that represents officers and recruits.

s 7.44 ins 2019 No. 32 s 9

7.45Record-keeping

The commissioner must ensure a record is kept of—

(a)each complaint made about an officer; and

(b)disciplinary action taken against an officer; and

(c)any other matter prescribed by regulation for this section.

s 7.45 ins 2019 No. 32 s 9

7.46Commissioner’s powers not to be delegated

Despite section 4.10, the commissioner may not delegate the commissioner’s powers as a prescribed officer under this part.

s 7.46 ins 2019 No. 32 s 9

pt 7A hdg ins 2009 No. 25 s 39

7A.1Power to conduct disciplinary investigation against a former officer

(1)This section applies if—

(a)a ground for disciplinary action arises in relation to a police officer; and

(b)after the ground for disciplinary action arises the employment of the person (the former officer) as a police officer ends for any reason.

(2)A ground for disciplinary action arises when the conduct constituting the ground happens.

(3)The commissioner may continue or start an investigation to decide whether the former officer is liable to disciplinary action in relation to the former officer’s conduct at any time when he or she was a police officer.

Note—

Under section 4.10 the commissioner may delegate powers under this part.

(3A)For deciding whether to continue or start an investigation, the commissioner may consider the following matters—

(a)the seriousness of the ground for disciplinary action;

(b)how far advanced the investigation is;

(c)the cost of continuing the investigation;

(d)access to the former officer;

(e)the former officer’s disciplinary history;

(f)any benefit to the service in proceeding or not proceeding with the investigation;

(g)whether the matter is being considered or investigated by the CCC or any other authority;

(h)any offence substantially related to the ground for disciplinary action;

(i)the likelihood of the former officer engaging in future employment for which the officer would be required to disclose the making of a disciplinary declaration;

(j)any other matter the commissioner considers relevant.

(4)The investigation and disciplinary action must be taken within a period of 2 years after the end of the former officer’s employment mentioned in subsection (1)(b).

(5)However, subsection (4) does not stop disciplinary action being taken following an appeal or review.

(6)Subsection (4) does not affect—

(a)an investigation of a suspected criminal offence; or

(b)an investigation of a matter for the purpose of notifying the Crime and Corruption Commission of suspected corrupt conduct under the Crime and Corruption Act 2001.

(7)In deciding whether to continue or start a disciplinary investigation the commissioner may have regard to the matters the commissioner reasonably considers to be relevant including matters prescribed under a regulation.

s 7A.1 ins 2009 No. 25 s 39

amd 2014 No. 21 s 94 (2) sch 2; 2019 No. 32 ss 10, 32 sch 1

7A.2Disciplinary action that may be taken against a former officer

(1)The commissioner may make a disciplinary finding and take disciplinary action against the former officer.

(2)In disciplining the former officer, the commissioner may make a disciplinary declaration and may not take any other disciplinary action.

(3)The commissioner may only make a disciplinary declaration if the disciplinary action that would have been taken against the former officer if the former officer’s employment had not ended would have been—

(a)dismissal; or

(b)suspension from duty without pay for at least 3 months; or

(c)probation; or

(d)demotion, whether permanently or for a stated period.

(4)The making of a disciplinary declaration against a former officer does not affect the way in which the former officer’s employment ends, or any benefits, rights or liabilities arising because the employment ends.

(5)In this section—

disciplinary declaration means a declaration of—

(a)a disciplinary finding against the former officer; and

(b)the disciplinary action that would have been taken against the officer under part 7 if the former officer’s employment had not ended.

s 7A.2 ins 2009 No. 25 s 39

amd 2019 No. 32 ss 11, 32 sch 1

7A.3Procedure

(1)Before making a disciplinary declaration against a former officer, the commissioner must do 1 or both of the following—

(a)give the former officer a written notice stating the alleged ground for disciplinary action and asking the former officer to respond in writing within 28 days;

(b)hold a disciplinary hearing in relation to the ground for disciplinary action after giving the former officer a notice asking the former officer to attend the hearing.

(2)A notice under subsection (1)(b) must be given at least 28 days before the hearing.

(3)The commissioner may take disciplinary action against the former officer after complying with subsection (1) whether or not the former officer responds in writing to the commissioner’s notice or attends the disciplinary hearing.

s 7A.3 ins 2009 No. 25 s 39

amd 2019 No. 32 s 12

7A.4Commissioner to give former officer and the CCC a QCAT information notice

(1)This section applies if the commissioner makes a disciplinary finding or a disciplinary declaration against a former officer.

(2)Within 14 days after making the decision, the commissioner must give the former officer and the CCC a QCAT information notice for the decision.

s 7A.4 ins 2009 No. 25 s 39

amd 2009 No. 25 s 44 (3)

sub 2019 No. 32 s 13

pt 8 hdg amd 2023 No. 7 s 36

pt 8 div 1 hdg ins 2023 No. 7 s 37

8.1Resignation

(1)Resignation from the service of an officer who holds a position on the basis of a contract that provides for the manner of the officer’s resignation must be effected in accordance with the contract.

(2)An officer, other than one referred to in subsection (1), may resign from the service at any time in the manner prescribed by the regulations.

8.2Retirement

(1)An officer—

(a)may retire from employment in the service upon, or at any time after, attaining the age prescribed by the regulations in relation to officers of the class to which that officer belongs;

(b)may retire from employment in the service when called upon under section 8.3 to retire from the service;

(c)is to retire from employment in the service upon attaining the age of 60 years.

(2)Subsection (1) does not apply to—

(a)an officer who holds a position on a contract basis; or

(b)a special constable (State officer).

s 8.2 amd 1993 No. 77 s 2 sch 1; 2023 No. 10 s 32H

8.3Unfitness for duty on medical grounds

(1)If the commissioner suspects on reasonable grounds that an officer—

(a)by reason of physical or mental infirmity is incapable of; or

(b)for any other reason pertaining to the officer’s health or condition, is unfit for the purpose of;

performing the duties of office, or any other duties as an officer that the commissioner might reasonably direct the officer to perform, the commissioner is to advise the officer, in writing, of the suspicion and if upon receipt of such advice the officer does not accept the truth of the commissioner’s suspicion, the commissioner is to obtain medical opinion on the matter.

(2)For the purposes of subsection (1), the commissioner—

(a)may nominate any medical practitioner or medical practitioners to examine the officer concerned and report to the commissioner on the physical or mental health or other relevant condition of the officer, as the case may require; and

(b)may direct the officer concerned to submit to examination by the nominated medical practitioner or medical practitioners.

(2A)If the officer concerned fails without reasonable cause to comply in all respects with a direction given by the commissioner, it is to be conclusively presumed that the commissioner’s suspicion is true.

(3)If, having regard to any medical opinions expressed by medical practitioners (including any such opinions furnished by the officer) on the health or condition of the officer concerned, or because of the presumption prescribed by subsection (2A), the prescribed authority is satisfied that the officer should not continue to be required to perform the duties of office, then, unless the commissioner takes action authorised by subsection (5), the prescribed authority may call upon the officer to retire from the service within a time specified by the prescribed authority.

(4)If the officer called upon to retire does not retire within the time specified, the prescribed authority may dismiss the officer from the service.

(5)If the commissioner believes the officer referred to in subsection (3) is sufficiently fit to perform duties as a staff member, then in lieu of the action authorised by subsections (3) and (4) and without limiting the commissioner’s powers in relation to the officer, the commissioner may—

(a)in writing, appoint the officer to a position as a staff member, at a rate of salary not less than that of the officer immediately before such appointment; and

(b)direct the officer to report for and perform duty in the position to which the officer is so appointed.

(6)The person appointed to a position under subsection (5)—

(a)stops being an officer and is relieved of all powers and duties of a constable at common law or under any Act or law; and

(b)becomes a public service employee under the Public Service Act 2008.

(7)In subsections (3) and (4)—

prescribed authority means—

(a)the Governor in Council, in respect of an officer appointed to office by the Governor in Council;

(b)the commissioner, in respect of an officer appointed to office by the commissioner.

s 8.3 amd 1993 No. 77 s 2 sch 1; 2014 No. 17 s 140; 2016 No. 43 s 23; 2021 No. 12 s 190; 2022 No. 34 s 365 sch 3 (amdt 9 could not be given effect); 2023 No. 7 s 38

pt 8 div 2 hdg ins 2023 No. 7 s 39

pt 8 div 2 sdiv 1 hdg ins 2023 No. 7 s 39

8.4Application of division

This division applies to a person who—

(a)is a police officer or police recruit; and

(b)is sentenced by an Australian court to a period of imprisonment for an offence.

s 8.4 ins 2023 No. 7 s 39

8.5References to sentence of imprisonment

A reference in this division to a sentence of imprisonment includes a reference to a suspended sentence of imprisonment.

s 8.5 ins 2023 No. 7 s 39

pt 8 div 2 sdiv 2 hdg ins 2023 No. 7 s 39

8.6Dismissal

(1)On being sentenced for the offence, the person is dismissed from the service.

(2)Subsection (1) applies despite any other provision of this Act or another Act.

s 8.6 ins 2023 No. 7 s 39

pt 8 div 2 sdiv 3 hdg ins 2023 No. 7 s 39

8.7Application of subdivision

This subdivision applies if, on appeal, the conviction for the offence is overturned or the sentence is changed to a sentence other than a sentence of imprisonment.

s 8.7 ins 2023 No. 7 s 39

8.8Reappointment

(1)If the commissioner had appointed the person, the commissioner must within 5 business days after the appeal is decided reappoint the person to, and employ the person in, the same position or a similar position at the same classification level or rank the person held before the person was dismissed.

(2)If the Governor in Council had appointed the person, the Governor in Council must reappoint the person to the same position at the same classification level or rank the person held before the person was dismissed.

(3)If the commissioner reappoints the person under subsection (1), the position must be in the same location as the person was employed before the person was dismissed, unless the person consents to employment in a position in a different location in Queensland.

(4)The person is taken never to have been dismissed under section 8.6.

s 8.8 ins 2023 No. 7 s 39

8.9Standing down or suspension after reappointment

(1)Upon the person being reappointed, the person is subject to any standing down or suspension from duty under section 6.1, including any conditions of the standing down or suspension, that was in effect immediately before the person was dismissed.

(2)If the person was stood down or suspended from duty under section 6.1 before the person was dismissed, the commissioner must, within 14 days after the person is reappointed, decide whether to revoke the standing down or suspension or again stand down or suspend the person from duty under section 6.1.

(3)If the commissioner does not act under subsection (2), the standing down or suspension is revoked at the end of the 14 days after the person is reappointed.

s 8.9 ins 2023 No. 7 s 39

8.10 Salary entitlement, continuous service and service history

(1)The period from dismissal to reappointment of the person is taken to be a period of suspension from duty without an entitlement to be paid salary during the suspension for calculating the person’s entitlement to salary and allowances under section 6.3(2)(b) for the period.

(2)Subsection (1) applies regardless of whether the person resumes duty as an officer after reappointment.

(3)To remove any doubt, it is declared that section 8.8(4) applies—

(a)for calculating continuous service of the person; and

(b)for the person’s service history.

s 8.10 ins 2023 No. 7 s 39

pt 8 div 2 sdiv 4 hdg ins 2023 No. 7 s 39

8.11 Interaction between division and pt 7

To remove any doubt, it is declared that—

(a)any action taken under this division is not part of a disciplinary process under part 7; and

(b)nothing in this division limits the operation of part 7.

s 8.11 ins 2023 No. 7 s 39

9.1ARelationship with Industrial Relations Act 2016

The Industrial Court and the Industrial Relations Commission do not have jurisdiction in relation to a matter that has been, is being, or may be reviewed under this part even though it may be, or be about, or arise out of, an industrial matter within the meaning of the Industrial Relations Act 2016.

s 9.1A ins 2001 No. 34 s 3

amd 2016 No. 63 s 1157 sch 6

9.2Review does not stay decision

An application for review of a decision under this part—

(a)does not affect the operation and effect of the decision pending disposal of the application; and

(b)does not have the effect of deferring the liability of the applicant to implementation of the decision.

9.2ACommissioner for police service reviews

(1)A person is a commissioner for police service reviews—

(a)if the person is nominated under subsection (2)(a)—without further appointment; or

(b)if the person is nominated under subsection (2)(b) to (d)—on appointment by the Governor in Council under subsection (3).

(2)The chairperson of the Crime and Corruption Commission may nominate any of the following persons to be a commissioner for police service reviews—

(a)a commissioner or former commissioner of the Crime and Corruption Commission;

(b)a former member of the Criminal Justice Commission;

(c)a person qualified for appointment as chairperson of the Crime and Corruption Commission;

(d)a person who has community service experience, or experience of community standards and expectations, relating to public sector officials and public sector administration.

(3)The Governor in Council may appoint as a commissioner for police service reviews a person who—

(a)is nominated for appointment under subsection (2)(b) to (d); and

(b)is not an ineligible person under the Crime and Corruption Act 2001.

(4)The person’s appointment must be notified by gazette notice.

(5)The appointment is for the term, not longer than 3 years, and on the conditions, including conditions of remuneration, stated in the instrument of appointment.

(6)More than 1 person may hold office as a commissioner for police service reviews at any time.

s 9.2A ins 1993 No. 77 s 2 sch 1

sub 1997 No. 31 s 3

amd 2001 No. 69 s 378 sch 1; 2014 No. 21 s 94 (2) sch 2; 2016 No. 19 s 46 sch 1

9.3Application for review

(1)A police officer who is aggrieved by a decision about—

(a)the selection of an officer for appointment to a police officer position, whether on promotion or transfer, if the selection procedures mentioned in section 5.2(2)(a) were required to be complied with; or

(b)the selection of an officer for transfer to a police officer position, if the selection procedures mentioned in section 5.2(2)(a) were not required to be complied with; or

(c)suspension or standing down of the officer under section 6.1; or

(d)another decision prescribed by regulation as open to review under this part;

may apply to have the decision reviewed by a commissioner for police service reviews.

Note—

See the Crime and Corruption Act 2001, chapter 5, part 3 for review provisions relating to disciplinary decisions made under part 7 or 7A.

(2)An application for the review of a decision mentioned in subsection (1)(a) may only be made by a person who properly applied for appointment to the position concerned and was unsuccessful.

(3)An application for the review of a decision mentioned in subsection (1)(b) may only be made by a police officer who was transferred to the position concerned without applying for the transfer.

(4)Authority is hereby conferred on a commissioner for police service reviews—

(a)to hear and consider all applications for review under this part duly made;

(b)to make recommendations relating to any matters relevant to a review under this part.

s 9.3 amd 1993 No. 77 s 5; 2009 No. 25 s 40; 2019 No. 32 s 16

9.4Procedures

(1)An application for review under this part must be made as prescribed by the regulations or, where the regulations do not make any or sufficient provision, in accordance with directions of a commissioner for police service reviews.

(2)A review under this part is to be conducted as prescribed by the regulations or, where the regulations do not make any or sufficient provision, as determined by a commissioner for police service reviews, having regard to the following principles—

(a)a review is an administrative proceeding of a non-adversarial nature;

(b)proceedings on a review should be informal and simple;

(c)legal representation is not permitted to any person concerned in a review.

s 9.4 amd 1993 No. 77 s 2 sch 1

9.5Result of review

(1)Upon conclusion of a review under this part, a commissioner for police service reviews is to make such recommendations as that commissioner considers appropriate to the matter under review to the commissioner of the police service.

(2)The commissioner of the police service, upon consideration of the matter reviewed and having regard to the recommendations made, is to take such action as appears to the commissioner of the police service to be just and fair.

s 9.5 amd 1993 No. 77 s 2 sch 1

9.6Effect of rescission of decision

If, following a review of a decision under this part, the decision is rescinded, it is to be taken that the decision was never made or implemented, whether or not any decision is substituted in its stead.

9.7Protection of commissioners for police service reviews from liability

(1)This section applies to each of the following persons (each a protected person)—

(a)a commissioner for police service reviews;

(b)a person acting under the direction of a commissioner for police service reviews;

(c)a person who was a person of a type mentioned in paragraph (a) or (b) at the time the person engaged in conduct in an official capacity.

(2)A protected person does not incur civil liability for engaging, or for the result of engaging, in conduct in an official capacity.

(3)If subsection (2) prevents liability attaching to a protected person, the liability attaches instead to the State.

(4)If liability attaches to the State under subsection (3), the State may recover contribution from the protected person but only if the conduct was engaged in—

(a)other than in good faith; and

(b)with gross negligence.

(5)In a proceeding under subsection (4) to recover contribution, the amount of contribution recoverable is the amount found by the court to be just and equitable in the circumstances.

(6)In this section—

civil liability, of a protected person for engaging, or for the result of engaging, in conduct in an official capacity, means liability of any type for the payment of an amount by the protected person because of—

(a)a claim based in tort, contract or another form of action in relation to the conduct or result, including, for example, breach of statutory duty or defamation and, for a fatal injury, includes a claim for the deceased’s dependants or estate; or

(b)a complaint made under a law that provides a person may complain about the conduct or result to an entity established under the law, other than a complaint to start criminal proceedings, including, for example, a complaint under the Justices Act 1886; or

(c)an order of a court to pay costs relating to a proceeding for an offence against a law in relation to the conduct or result, unless the proceeding was for an offence by the protected person.

Examples of types of liability—

•a liability because of an agreement or an order under the Anti-Discrimination Act 1991 or the Australian Human Rights Commission Act 1986 (Cwlth) requiring payment of an amount to a complainant (however described) under the Act

•a liability because of an obligation under an agreement to settle a proceeding, or an order of a court or tribunal, to do something that involves paying an amount, including an obligation to rectify damage to a building or to publish an apology in a newspaper

conduct means an act or an omission to perform an act.

engage in conduct in an official capacity means engage in conduct as part of, or otherwise in connection with, a person’s role as a protected person, including, for example, engaging in conduct under or purportedly under this Act.

s 9.7 ins 2015 No. 27 s 6

sub 2018 No. 29 s 81

9.8Other protection from liability for a review

(1)A person does not incur civil liability for engaging, or for the result of engaging, in any of the following conduct in good faith and without negligence—

(a)applying for or otherwise being involved in a review of a decision under this part;

(b)giving oral, written or other matter to a commissioner for police service reviews, or a person acting at the direction of a commissioner for police service reviews, for a review of a decision under this part.

(2)In this section—

civil claim, in relation to conduct or the result of engaging in conduct—

(a)means a claim based in tort, contract or another form of action in relation to the conduct or result, including, for example, breach of statutory duty or defamation; and

(b)for a fatal injury, includes a claim for the deceased’s dependants or estate.

civil liability, in relation to a person, means liability of any type for the payment of an amount by the person because of a civil claim.

s 9.8 ins 2015 No. 27 s 6

pt 10 div 1 hdg ins 2006 No. 58 s 6

amd 2023 No. 7 s 41

pt 10 div 1 sdiv 1 hdg ins 2006 No. 58 s 6

amd 2023 No. 7 s 42

10.1 Unauthorised use of confidential information

(1)This section applies to a person who—

(a)is or has been—

(i)a member of the service performing functions under or relating to the administration of this Act; or

(ii)another individual engaged to perform functions under or relating to the administration of this Act; or

(iii)an individual engaged by an entity that is engaged to perform functions under or relating to the administration of this Act; and

(b)in that capacity, acquired confidential information or has access to, or custody of, confidential information.

(2)This section also applies to a person who has acquired or has access to confidential information—

(a)whether directly or indirectly, from a person mentioned in subsection (1); or

(b)as authorised under an Act, another law or an arrangement with the service.

(3)The person must not use the confidential information other than under this section.

Maximum penalty—100 penalty units or 2 years imprisonment.

(4)The person may use the confidential information—

(a)to the extent the use is required or permitted under this Act or another Act or to perform the person’s functions under this Act or another Act; or

(b)with the consent of the person to whom the information relates if the information would normally be made available to any member of the public on request; or

(c)in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or

(d)if the use is otherwise required or permitted under another law.

(5)In this section—

confidential information—

(a)means personal information about an individual or other information of a confidential nature; but

(b)does not include—

(i)information that is publicly available; or

(ii)statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates.

personal information see the Information Privacy Act 2009, section 12.

use, in relation to information, see section 10.2G.

s 10.1 amd 1993 No. 77 s 2 sch 1; 2000 No. 22 s 38; 2005 No. 17 s 30; 2005 No. 45 s 74 sch 4; 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84, 86); 2019 No. 26 s 290 sch 2

sub 2023 No. 7 s 43

10.2Authorisation of disclosure

(1)The commissioner may, in writing, authorise disclosure of information that is in the possession of the police service.

(2)Subsection (1) does not apply if section 5A.20(4), 5A.21A(4), 5AA.14(3), 10.2A, 10.2B or 10.2D, or a provision of division 1AA, applies to the information.

(3)Authorisation under subsection (1) must accord with any regulations made in relation to disclosure of such information, and any such authorisation is to be taken as authorising disclosure in accordance with any such regulations.

(4)Also, subject to any regulation made under subsection (3), the commissioner may impose conditions on the disclosure of information under this section.

(5)A person to whom the information is disclosed must not contravene a condition imposed under subsection (4).

Maximum penalty—40 penalty units.

(6)Neither the Crown nor any person incurs any liability in law on account of a disclosure of information made under and in accordance with the commissioner’s authorisation.

s 10.2 amd 1998 No. 19 s 9; 2005 No. 17 s 31; 2006 No. 58 s 7; 2018 No. 2 s 16; 2021 No. 12 s 191; 2023 No. 7 s 68 sch 1 pt 1

pt 10 div 1 sdiv 2 hdg ins 2006 No. 58 s 8

amd 2013 No. 64 s 124; 2016 No. 62 s 332

10.2AA Definitions for sdiv 2

In this subdivision—

criminal history has the meaning given by the Criminal Law (Rehabilitation of Offenders) Act 1986, section 3.

relevant agency means the ACC or the police force or service of another jurisdiction.

s 10.2AA def relevant agency ins 2010 No. 45 s 5 (2)

amd 2016 No. 48 s 18 sch 1 (retro)

s 10.2AA ins 2009 No. 48 s 64

amd 2010 No. 45 s 5 (1)

10.2ADisclosure of criminal history for employment screening under commercial or other arrangement

(1)This section applies in relation to the disclosure of the criminal history of a person (relevant person) if—

(a)the disclosure is to be made to a relevant agency; and

(b)the purpose of the disclosure is to facilitate the release of the relevant person’s criminal history by the relevant agency to someone else (the third party) under an arrangement; and

(c)the arrangement provides for the use of the relevant person’s criminal history only for employment screening purposes.

(2)The commissioner may disclose the relevant person’s criminal history to the relevant agency as a function of the service.

(3)However, the commissioner may disclose the relevant person’s criminal history to the relevant agency for disclosure to the third party only with the person’s written consent and only if the commissioner is satisfied the disclosure—

(a)is for a national criminal history check for employment screening purposes under a service provided by the relevant agency; and

(b)is, or is likely to be, of benefit to the community or a section of the community.

(4)In this section—

arrangement includes an intergovernmental arrangement and a commercial arrangement.

employment includes engagement on a voluntary basis.

s 10.2A ins 2006 No. 58 s 8

amd 2008 No. 49 s 7; 2010 No. 45 s 6

10.2BA Disclosure of criminal history to assess suitability of records for s 10.2A purposes

(1)For the purpose of enabling disclosure under section 10.2A, the commissioner may disclose a person’s criminal history to a relevant agency if—

(a)the criminal history has been given to the ACC under section 10.2I; and

(b)the disclosure is for the purpose of assessing the suitability of records for release under section 10.2A.

(2)To remove any doubt, it is declared that there is no requirement to comply with section 10.2A(3) before the commissioner can disclose a person’s criminal history under subsection (1).

(3)In this section—

criminal history has the meaning given by section 10.2G.

s 10.2BA ins 2010 No. 45 s 7

amd 2016 No. 48 s 18 sch 1 (retro)

10.2BDisclosure of criminal history for assessing suitability for diversion program

(1)This section applies for helping a person (the decision-maker) decide whether another person is suitable to take part in a diversion program.

(2)The commissioner may, for the purpose of assessing the person’s suitability for the program and with the person’s written consent, disclose the person’s criminal history to the chief executive officer of the entity responsible for assessing the person’s suitability.

(3)The commissioner may disclose the person’s criminal history as a function of the service and the relevant chief executive officer may use the information for the purpose of the assessment and, if required, in any report given to a decision-maker on the person’s suitability.

(4)In this section—

diversion program means a government-sponsored program for diverting alleged offenders from court proceedings that is prescribed under a regulation under this Act or a regulation under the Bail Act 1980, section 11(9).

government-sponsored program means a program that is funded, or partly funded, by the State or Commonwealth government or is otherwise endorsed by the State government.

s 10.2B ins 2006 No. 58 s 8

amd 2010 No. 51 s 57 sch

pt 10 div 1 sdiv 2A hdg ins 2009 No. 25 s 41

10.2CA Information about disciplinary action to be given by commissioner

(1)This section applies if—

(a)the chief executive of a department asks the commissioner for disciplinary information the commissioner has about a person who is or was a member of the service; and

(b)the information is reasonably necessary for the chief executive to make a decision about an appointment or continued employment of the person to the chief executive’s department.

(2)The commissioner must give the disciplinary information to the chief executive unless the commissioner is reasonably satisfied that giving the information may prejudice the investigation of a suspected contravention of the law in a particular case.

(3)In this section—

disciplinary information, in relation to a request made of the commissioner about a person who is or was a member of the service, includes the following made or taken against the person—

(a)a disciplinary finding;

(b)disciplinary action, including a disciplinary declaration.

s 10.2CA ins 2009 No. 25 s 41

pt 10 div 1 sdiv 3 hdg ins 2006 No. 58 s 8

10.2DDisclosure of information to the media by direct data feed

(1)This section applies in relation to information about particular incidents involving a response by an officer or officers as part of operational activities of the service.

(2)However, this section applies to the information only if—

(a)the commissioner is satisfied disclosing the information while officers are responding to the incident or soon after the response will not adversely affect operational activities undertaken as part of the response; and

(b)the commissioner considers it is appropriate to disclose the information to electronic or print media organisations (the media) or a section of the media by direct data feed.

(3)The commissioner may, as a function of the service, disclose the information to the media by direct data feed, on the conditions and subject to the restrictions the commissioner considers appropriate.

(4)Without limiting subsection (3), the restrictions the commissioner may impose on the disclosure of the information include restrictions about the nature of the information that is to be disclosed and when it is to be disclosed.

(5)The commissioner discloses the information by direct data feed by giving the media organisation electronic access to operational information about the police service.

s 10.2D ins 2006 No. 58 s 8

pt 10 div 1 sdiv 4 hdg ins 2006 No. 58 s 8

10.2ERelationship to other laws

(1)To remove any doubt, it is declared that this division is subject to any other Act that—

(a)requires or permits the commissioner to disclose information in the possession of the service about a person; or

(b)prevents or restricts the commissioner from disclosing information in the possession of the service about a person.

(2)However, subsection (1)(b) does not apply to a disclosure made to a relevant agency under section 10.2BA.

s 10.2E ins 2006 No. 58 s 8

amd 2010 No. 45 s 9; 2013 No. 64 s 125; 2016 No. 62 s 333

10.2FDeclarations about particular information disclosures

(1)This section applies to a disclosure, made by the commissioner before the commencement of this section, of information of a kind mentioned in section 10.2, 10.2A or 10.2D in the circumstances mentioned in the section.

(2)The disclosure is and always was lawfully made.

s 10.2F ins 2006 No. 58 s 8

pt 10 div 1AA hdg ins 2018 No. 2 s 17

10.2FA Definitions for division

In this division—

face matching services means the following services involving facial biometric matching—

(a)the service (known as the face verification service) enabling the comparison of a facial image associated with an individual against a facial image held on a specific government record associated with the individual to verify the individual’s identity;

(b)the service (known as the face identification service) enabling the comparison of a facial image against multiple images held on a database of government records to establish an individual’s identity;

(c)the service (known as the one person one licence service) enabling the comparison of an individual’s facial image against other facial images used on driver licences and other identity documents to identify whether the individual holds multiple licences, in the same or a different identity, in 1 or more jurisdictions.

host agency, for an identity matching service, means the Commonwealth agency responsible for maintaining the service under an agreement between the Commonwealth and the States.

identity document means a document that—

(a)contains or incorporates identity information; and

(b)is capable of being used as evidence of identity.

identity information means information relating to an individual, whether living, dead, real or fictitious, that is capable of being used, alone or in conjunction with other information, to identify or purportedly identify the individual.

Examples—

•a photo of, or other information about, an individual on a drivers licence, passport or other identity document

•other information about an individual submitted to verify the individual’s identity

identity matching services means the following services administered by the Commonwealth under an agreement entered into by the Commonwealth and the States—

(a)the service (known as the document verification service) enabling biographical information on identity documents to be verified against corresponding records held by a participating entity for the service;

(b)the service (known as the identity data sharing service) enabling the sharing of identity information between the Commonwealth and the States to ensure the accuracy and integrity of identity-based records;

(c)the face matching services;

(d)any other service prescribed by regulation, to the extent the operation of the service relates only to a permitted purpose within the meaning of section 10.2FF(2).

information includes a document.

participating entity, in relation to an identity matching service, means an entity—

(a)participating in the service; and

(b)with whom the commissioner has entered into an agreement in relation to the use of the service.

s 10.2FA ins 2018 No. 2 s 17

10.2FB Division binds all persons

This division binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.

s 10.2FB ins 2018 No. 2 s 17

10.2FC Disclosure of identity information by commissioner

For a purpose related to the operation of an identity matching service, the commissioner may disclose identity information lawfully in the commissioner’s possession to—

(a)the host agency for the service; or

(b)a participating entity for the service.

s 10.2FC ins 2018 No. 2 s 17

10.2FD Collection and use of identity information by commissioner

The commissioner may collect and use identity information, by the operation of an identity matching service, from—

(a)the host agency for the service; or

(b)a participating entity for the service.

s 10.2FD ins 2018 No. 2 s 17

10.2FECollection, use and disclosure by host agency

The host agency may, for a purpose related to the operation of an identity matching service—

(a)collect or use identity information disclosed to it under this division; or

(b)disclose the identity information to the commissioner or a participating entity for the service.

s 10.2FE ins 2018 No. 2 s 17

10.2FFDisclosure, use or collection must be for permitted purpose

(1)Despite sections 10.2FC, 10.2FD and 10.2FE, identity information may be disclosed, collected or used under this division only for a permitted purpose.

(2)Each of the following purposes is a permitted purpose—

(a)preventing, detecting, investigating or prosecuting crimes involving fabricated, manipulated, stolen or otherwise assumed identities;

(b)preventing, detecting, investigating or prosecuting other offences against Commonwealth or State laws;

(c)conducting investigations or gathering intelligence for purposes related to national security within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004 (Cwlth);

(d)promoting the security of a participating entity’s assets, facilities or personnel;

Examples—

•protecting and managing legally assumed identities

•security or background checking

(e)identifying individuals who are at risk of, or have experienced, physical harm;

Examples—

•investigating individuals reported as missing

•identifying individuals reported as dead, or unidentified human remains

•identifying individuals when addressing significant risks to public health or safety

•identifying individuals in relation to disaster events or major events

(f)improving road safety, including the detection of unlicensed and disqualified drivers and individuals who hold multiple licences;

(g)verifying an individual’s identity with the individual’s consent or as authorised or required by law.

s 10.2FF ins 2018 No. 2 s 17

10.2FG Inconsistency with other laws

To the extent this division is inconsistent with another law, this division prevails to the extent of the inconsistency.

s 10.2FG ins 2018 No. 2 s 17

pt 10 div 1A hdg ins 2008 No. 49 s 8

pt 10 div 1A sdiv 1 hdg ins 2008 No. 49 s 8

10.2GDefinitions for division

In this division—

approved agency means an entity established under the law of the Commonwealth or a State prescribed under a regulation as an approved agency.

approved information means information in a QPS database of a kind that is prescribed under a regulation.

condition includes prohibition or restriction.

criminal history, of a person—

(a)means the person’s convictions in relation to offences committed in Queensland or elsewhere; and

(b)includes information about—

(i)offences of any kind alleged to have been committed, in Queensland or elsewhere, by the person; and

(ii)cautions administered to the person under the Youth Justice Act 1992, part 2, division 2; and

(iii)referrals of offences to the chief executive of the department in which the Youth Justice Act 1992 is administered for restorative justice processes under that Act.

s 10.2G def criminal history ins 2009 No. 48 s 65

amd 2013 No. 64 s 126; 2016 No. 39 s 37 sch 1

end user means the following entities—

(a)an approved agency;

(b)a law enforcement agency;

(c)a police force or service of the Commonwealth or another State.

head, of an entity, means—

(a)for an approved agency or a law enforcement agency—the chief executive officer of the agency; or

(b)for an IPSP—the chief executive officer of the IPSP; or

(c)for a police force or service of the Commonwealth or another State—the commissioner of the police force or service; or

(d)for Queensland Transport—the chief executive of Queensland Transport; or

(e)for any other entity established under the law of the Commonwealth or a State—the chief executive officer of the entity.

IPSP means—

(a)the ACC; or

(b)an entity established under the law of the Commonwealth or a State prescribed under a regulation as an information processing service provider.

s 10.2G def IPSP amd 2016 No. 48 s 18 sch 1 (retro)

law enforcement agency means an entity established under the law of the Commonwealth or a State prescribed under a regulation as a law enforcement agency.

law enforcement purpose, in relation to the use of information by an approved agency or law enforcement agency, means a purpose for which the agency is authorised to use the information under a law of the Commonwealth or a State.

member, of an entity, includes a person employed or engaged by the entity.

MINDA ...

s 10.2G def MINDA om 2023 No. 7 s 45 (2)

policing purpose, in relation to the use of information by a police force or service of the Commonwealth or another State, means a purpose substantially similar to a purpose for which the Queensland Police Service is authorised to use the information under an Act.

use, in relation to information, includes the following—

(a)disclose;

(b)give;

(c)give access to;

(d)make available;

(e)publish;

(f)record.

s 10.2G ins 2008 No. 49 s 8

amd 2023 No. 7 s 45 (1)

pt 10 div 1A sdiv 2 hdg ins 2008 No. 49 s 8

10.2IGiving information to an IPSP to enable use of approved information by police services and law enforcement agencies for particular purposes

(1)The commissioner may give to the head of an IPSP all or any information in a QPS database for inclusion in a database administered by the IPSP for the purpose of the IPSP giving approved information to—

(a)the head of a police force or service of the Commonwealth or another State to enable the police force or service to use the approved information for a policing purpose; or

(b)the head of a law enforcement agency to enable the law enforcement agency to use the approved information for a law enforcement purpose.

(1A)The commissioner may use information given under this section to the head of an IPSP for a purpose for which the information may be used under an Act whether or not the purpose is the same purpose for which the information was given under this section to the head of the IPSP.

(1B)The head of an IPSP may transfer information from the database mentioned in subsection (1) administered by the head of the IPSP to another database administered by the head of the IPSP for a purpose permitted under an Act.

(2)To remove any doubt, it is declared that this section does not limit section 10.2J.

s 10.2I ins 2008 No. 49 s 8

amd 2010 No. 45 s 10

10.2JGiving approved information to police services and law enforcement agencies to enable use of approved information for particular purposes

The commissioner may give approved information in a QPS database to—

(a)the head of a police force or service of the Commonwealth or another State to enable the police force or service to use the approved information for a policing purpose; or

(b)the head of a law enforcement agency to enable the law enforcement agency to use the approved information for a law enforcement purpose.

s 10.2J ins 2008 No. 49 s 8

10.2LGiving information to approved agencies to enable use of information for particular purposes

(1)The commissioner may give the head of an approved agency all or any information in a QPS database to enable the approved agency to use the information for a law enforcement purpose.

(2)Without limiting subsection (1), the commissioner may give the information to the head of the approved agency by allowing an authorised member of the approved agency to have direct access to a QPS database.

(3)In this section—

authorised member, of an approved agency, means a member of the approved agency authorised in writing by the commissioner to have direct access to a QPS database.

s 10.2L ins 2008 No. 49 s 8

10.2MCommissioner may impose conditions

The commissioner may give information to the head of an entity under this subdivision on the conditions the commissioner considers appropriate.

s 10.2M ins 2008 No. 49 s 8

pt 10 div 1A sdiv 3 hdg ins 2008 No. 49 s 8

10.2NUse of information permitted despite other provisions

(1)Information may be given to the head of an entity by the commissioner or an IPSP as mentioned in subdivision 2 despite a prescribed provision.

(2)Despite a prescribed provision—

(a)the police force or service of the Commonwealth or another State may use, for a policing purpose, information given to the commissioner of the police force or service by the commissioner or an IPSP as mentioned in subdivision 2; and

(b)the law enforcement agency or an approved agency may use, for a law enforcement purpose, information given to the chief executive officer of the agency by the commissioner or an IPSP as mentioned in subdivision 2.

(3)In this section—

prescribed provision means—

(a)part 5A; or

(b)part 5AA; or

(c)part 10, division 1; or

(d)any other Act imposing a condition on the use of information.

s 10.2N ins 2008 No. 49 s 8

10.2OCondition imposed under another Act may apply

(1)This section applies in relation to information a member of an end user has because it has been given to the head of the end user by the commissioner or an IPSP as mentioned in subdivision 2.

(2)If the information is subject to a condition on use imposed under another Act when in the possession of the Queensland Police Service, the same condition or a condition of the same kind applies to the information when in the possession of the member.

Examples of conditions on use imposed under another Act—

•Youth Justice Act 1992, section 289 (Recording, use or disclosure for authorised purpose)

•Youth Justice Act 1992, section 295 (Disclosure by police of information about cautions and restorative justice processes and restorative justice agreements)

•Criminal Law (Rehabilitation of Offenders) Act 1986, section 6 (Non-disclosure of convictions upon expiration of rehabilitation period)

•Criminal Law (Rehabilitation of Offenders) Act 1986, section 7 (Section 6 not applicable in certain cases)

s 10.2O ins 2008 No. 49 s 8

amd 2009 No. 34 s 45 (1) sch pt 1 amdt 29; 2016 No. 39 s 37 sch 1

pt 10 div 1A sdiv 4 hdg ins 2008 No. 49 s 8

10.2PMisuse of information given under this division

(1)This section applies in relation to information a member of an entity has because it has been given to the head of the entity by the commissioner or an IPSP as mentioned in subdivision 2.

(2)The member must not use the information—

(a)for a purpose other than—

(i)the purpose mentioned in subdivision 2 for which the information has been given to the head of the entity by the commissioner or the IPSP; or

(ii)a purpose that is authorised or permitted under an Act; or

Note—

See the Acts Interpretation Act 1954, section 6 (References to Act).

(b)in contravention of a condition, if any, imposed by the commissioner under section 10.2M.

Maximum penalty—100 penalty units.

(3)Also, if the member has the information because it has been given to the head of an end user by the commissioner or an IPSP as mentioned in subdivision 2, the member must not use the information in contravention of a condition mentioned in section 10.2O(2).

Maximum penalty—100 penalty units.

s 10.2P ins 2008 No. 49 s 8

10.2QExtra-territorial application of offence provision

A person commits an offence against section 10.2P(2) or (3) even if the person uses the information mentioned in section 10.2P(1) outside the State.

s 10.2Q ins 2008 No. 49 s 8

10.2RProtection from liability

(1)This section applies if a person, acting honestly and without negligence, gives information under this division.

(2)The person is not liable, civilly, criminally or under an administrative process, for giving the information.

(3)Also, merely because the person gives the information, the person can not be held to have—

(a)breached any code of professional etiquette or ethics; or

(b)departed from accepted standards of professional conduct.

(4)Without limiting subsections (2) and (3)—

(a)in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and

(b)if the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person—

(i)does not contravene the Act, oath or rule of law or practice by giving the information; and

(ii)is not liable to disciplinary action for giving the information.

s 10.2R ins 2008 No. 49 s 8

pt 10 div 1B hdg ins 2009 No. 48 s 66

amd 2018 No. 19 s 37

10.2SDefinitions for div 1B

In this division—

approved agency means—

(a)the ACC; or

(b)a police force or service of the Commonwealth or another State.

s 10.2S def approved agency amd 2016 No. 48 s 18 sch 1 (retro)

child-related employment screening means using information about a person in a way that is authorised or required under a law of another State or the Commonwealth that relates to assessing whether a person poses a risk of harm to children.

criminal history, of a person, means—

(a)the person’s convictions for offences committed in Queensland or elsewhere; and

(b)charges against the person for offences alleged to have been committed in Queensland or elsewhere; and

(c)information about a conviction mentioned in paragraph (a) or a charge mentioned in paragraph (b), including, for example, a brief description of the circumstances of the conviction or charge.

disability-related employment screening means using information about a person in a way that is authorised or required under a law of another State or the Commonwealth that relates to assessing whether a person poses a risk of harm to people with a disability.

s 10.2S def disability-related employment screening ins 2018 No. 19 s 38

interstate screening unit means an entity, established under a law of another State or the Commonwealth, that is—

(a)prescribed under a regulation; or

(b)prescribed under the Crimes Act 1914 (Cwlth), section 85ZZGB, 85ZZGC or 85ZZGD.

s 10.2S ins 2009 No. 48 s 66

10.2TGiving criminal history to interstate screening unit or approved agency for employment screening

The commissioner may give a person’s criminal history to—

(a)an interstate screening unit to enable the unit to use the history for child-related employment screening or disability-related employment screening; or

(b)an approved agency for the purpose of the approved agency giving the history to an interstate screening unit to enable the unit to use the history for child-related employment screening or disability-related employment screening.

s 10.2T ins 2009 No. 48 s 66

amd 2018 No. 19 s 39

10.2UUse of criminal history permitted despite other provisions

(1)The commissioner may give a person’s criminal history to an interstate screening unit or an approved agency as mentioned in section 10.2T despite a prescribed provision.

(2)In this section—

prescribed provision means—

(a)part 5A; or

(b)part 5AA; or

(c)part 10, division 1 or 1A; or

(d)the Criminal Law (Rehabilitation of Offenders) Act 1986; or

(e)the Youth Justice Act 1992, part 9.

s 10.2U ins 2009 No. 48 s 66

10.2VProtection from liability

(1)This section applies if a person, acting honestly and without negligence, uses a person’s criminal history under this division.

(2)The person is not liable, civilly, criminally or under an administrative process, for using the history.

(3)Also, merely because the person uses the history, the person can not be held to have—

(a)breached any code of professional etiquette or ethics; or

(b)departed from accepted standards of professional conduct.

(4)Without limiting subsections (2) and (3)—

(a)in a proceeding for defamation, the person has a defence of absolute privilege for publishing the history; and

(b)if the person would otherwise be required to maintain confidentiality about the history under an Act, oath or rule of law or practice, the person—

(i)does not contravene the Act, oath or rule of law or practice by using the history; and

(ii)is not liable to disciplinary action for using the history.

s 10.2V ins 2009 No. 48 s 66

pt 10 div 2 hdg ins 2006 No. 58 s 8

10.3Protection from liability for reports