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

In this Act—

abbreviated process notice, for part 7, see section 7.18(1).

s 1.4 def abbreviated process notice ins 2019 No. 32s 3(2)

ACC means the Australian Crime Commission established under the Australian Crime Commission Act 2002 (Cwlth), section 7.

s 1.4 def ACC ins 2016 No. 48s 18sch 1 (retro)

alcohol test, for part 5A, see section 5A.2.

s 1.4 def alcohol test ins 2003 No. 67s 4

approved agency—

(a)for part 10, division 1A—see section 10.2G; or

(b)for part 10, division 1B—see section 10.2S.

s 1.4 def approved agency ins 2008 No. 49s 4(2)

sub 2009 No. 48s 62(1)

approved form means a form approved by the commissioner for use under this Act.

approved information, for part 10, division 1A, see section 10.2G.

s 1.4 def approved information ins 2008 No. 49s 4(2)

assistant commissioner means the executive officer holding the rank of assistant commissioner.

s 1.4 def assistant commissioner ins 2005 No. 17s 23

authorised person, for part 5A, see section 5A.2.

s 1.4 def authorised person ins 2003 No. 67s 4

award ...

s 1.4 def award amd 1999 No. 33s 747sch 3

om 2016 No. 63s 1157sch 6

breach of discipline ...

s 1.4 def breach of discipline amd 1997 No. 67s 139sch 2; 2000 No. 5s 461sch 3

om 2019 No. 32s 3(1)

CCC means the Crime and Corruption Commission under the Crime and Corruption Act 2001.

s 1.4 def CCC ins 2019 No. 32s 3(2)

child-related employment screening, for part 10, division 1B, see section 10.2S.

s 1.4 def child-related employment screening ins 2009 No. 48s 62(2)

commissioned officer means a person who holds a position in the police service as a commissioned officer.

commissioner means the commissioner of the police service.

commissioner for police service reviews means a commissioner for police service reviews under section 9.2A.

complaint, for part 7, see section 7.3.

s 1.4 def complaint ins 2019 No. 32s 3(2)

comprehensive transfer, for part 7, division 5, see section 7.37.

s 1.4 def comprehensive transfer ins 2019 No. 32s 3(2)

condition, for part 10, division 1A, see section 10.2G.

s 1.4 def condition ins 2008 No. 49s 4(2)

constable means a person who holds a position in the police service as a constable.

conviction, for a provision of part 5AA or part 10, division 1B, means a finding of guilt, or the acceptance of a plea of guilty, by a court for an offence—

(a)whether or not a conviction is recorded; and

(b)whether in Queensland or elsewhere; and

(c)whether before or after the commencement of the provision.

s 1.4 def conviction ins 2003 No. 92s 30

sub 2009 No. 48s 62(1)

corrupt conduct see the Crime and Corruption Act 2001, section 15.

s 1.4 def corrupt conduct ins 2014 No. 21s 94(2)sch 2

covert operative ...

s 1.4 def covert operative ins 2003 No. 67s 4

om 2005 No. 45s 74sch 4

criminal history, of a person—

(a)for part 5AA and the schedule—see section 5AA.1A; or

(b)for part 10, division 1, subdivision 2—see section 10.2AA; or

(c)for part 10, division 1A—see section 10.2G; or

(d)for part 10, division 1B—see section 10.2S.

s 1.4 def criminal history ins 2003 No. 92s 30

sub 2006 No. 58s 4

amd 2008 No. 49s 4(3)

sub 2009 No. 48s 62(1)

amd 2009 No. 34s 45(1)schpt 1 amdt 29 (amdt could not be given effect)

CrimTrac ...

s 1.4 def CrimTrac ins 2008 No. 49s 4(2)

om 2016 No. 48s 18sch 1 (retro)

CrimTrac Agency ...

s 1.4 def CrimTrac Agency ins 2003 No. 92s 30

om 2008 No. 49s 4(1)

critical area, for part 5A, see section 5A.2.

s 1.4 def critical area ins 2003 No. 67s 4

critical incident, for part 5A, see section 5A.2.

s 1.4 def critical incident ins 2003 No. 67s 4

dangerous drug, for part 5A, see section 5A.2.

s 1.4 def dangerous drug ins 2003 No. 67s 4

declared agency see the Police Powers and Responsibilities Act 2000, schedule 6.

s 1.4 def declared agency ins 2008 No. 49s 4(2)

declared law enforcement agency ...

s 1.4 def declared law enforcement agency ins 2003 No. 92s 30

om 2008 No. 49s 4(1)

deputy commissioner, for part 5A, see section 5A.2.

s 1.4 def deputy commissioner ins 2003 No. 67s 4

disability-related employment screening, for part 10, division 1B, see section 10.2S.

s 1.4 def disability-related employment screening ins 2018 No. 19s 36

disciplinable conduct, for part 7, see section 7.3.

s 1.4 def disciplinable conduct ins 2019 No. 32s 3(2)

disciplinary action see section 7.3.

s 1.4 def disciplinary action amd 2014 No. 21s 94(2)sch 2

sub 2019 No. 32s 3

disciplinary charge, for part 7, division 4, see section 7.25(a).

s 1.4 def disciplinary charge ins 2019 No. 32s 3(2)

disciplinary declaration—

(a)for a disciplinary declaration made under a public sector disciplinary law, means—

(i)a disciplinary declaration made under—

(A)section 7A.2(2); or

(B)the Public Service Act 2008, section 188A(6); or

(C)the Misconduct Tribunals Act 1997 or QCAT Act; or

(ii)a declaration under another public sector disciplinary law that states the disciplinary action that would have been taken against the person if the person’s employment had not ended; or

(b)otherwise, means a disciplinary declaration made under section 7A.2(2).

s 1.4 def disciplinary declaration ins 2009 No. 25s 34

amd 2009 No. 25s 44(2)

disciplinary finding means a finding that a ground for disciplinary action exists.

s 1.4 def disciplinary finding ins 2009 No. 25s 34

amd 2019 No. 32s 32sch 1

disciplinary ground ...

s 1.4 def disciplinary ground ins 2009 No. 25s 34

om 2019 No. 32s 3(1)

disciplinary history, of an officer, for part 7, see section 7.3.

s 1.4 def disciplinary history ins 2019 No. 32s 3(2)

disciplinary proceeding see section 7.3.

s 1.4 def disciplinary proceeding ins 2019 No. 32s 3(2)

disciplinary proceeding notice, for part 7, see section 7.25.

s 1.4 def disciplinary proceeding notice ins 2019 No. 32s 3(2)

disciplinary sanction, for part 7, see section 7.34.

s 1.4 def disciplinary sanction ins 2019 No. 32s 3(2)

end user, for part 10, division 1A, see section 10.2G.

s 1.4 def end user ins 2008 No. 49s 4(2)

engaged by the service see section 5AA.3.

s 1.4 def engaged by the service ins 2003 No. 92s 30

evidence, for part 5A, see section 5A.2.

s 1.4 def evidence ins 2003 No. 67s 4

executive officer means a person who holds a position in the police service as an executive officer.

external service provider, for part 5AA, means a public service employee, or class of public service employee—

(a)who is employed or engaged in an entity other than the service; and

(b)whose functions include, or may include, performing direct corporate service support for the service that allows the person access to corporate or operational information in the possession of the commissioner; and

(c)who is declared by regulation to be an external service provider for this part.

s 1.4 def external service provider ins 2003 No. 92s 30

face matching services, for part 10, division 1AA, see section 10.2FA.

s 1.4 def face matching services ins 2018 No. 2s 15

finally dealt with, for part 7, see section 7.3.

s 1.4 def finally dealt with ins 2019 No. 32s 3(2)

former officer, for part 7A and any reference to a disciplinary declaration, see section 7A.1(1)(b).

s 1.4 def former officer ins 2009 No. 25s 34

general alcohol limit, for part 5A, see section 5A.2.

s 1.4 def general alcohol limit ins 2003 No. 67s 4

ground for disciplinary action see section 7.3.

s 1.4 def ground for disciplinary action ins 2019 No. 32s 3(2)

handler, of a police dog, means an officer whose duties include handling a police dog.

s 1.4 def handler ins 1998 No. 19s 4

head, for part 10, division 1A, see section10.2G.

s 1.4 def head ins 2008 No. 49s 4(2)

host agency, for an identity matching service, for part 10, division 1AA, see section 10.2FA.

s 1.4 def host agency ins 2018 No. 2s 15

identity document, for part 10, division 1AA, see section 10.2FA.

s 1.4 def identity document ins 2018 No. 2s 15

identity information, for part 10, division 1AA, see section 10.2FA.

s 1.4 def identity information ins 2018 No. 2s 15

identity matching services, for part 10, division 1AA, see section 10.2FA.

s 1.4 def identity matching services ins 2018 No. 2s 15

industrial agreement ...

s 1.4 def industrial agreement sub 1999 No. 33s 747sch 3

om 2016 No. 63s 1157sch 6

industrial authority means the industrial commission or Industrial Court.

industrial instrument means an industrial instrument under the Industrial Relations Act 2016.

s 1.4 def industrial instrument ins 2016 No. 63s 1157sch 6

information, for part 10, division 1AA, see section 10.2FA.

s 1.4 def information ins 2018 No. 2s 15

interstate screening unit, for part 10, division 1B, see section 10.2S.

s 1.4 def interstate screening unit ins 2009 No. 48s 62(2)

IPSP, for part 10, division 1A, see section 10.2G.

s 1.4 def IPSP ins 2008 No. 49s 4(2)

law enforcement agency, for part 10, division 1A, see section 10.2G.

s 1.4 def law enforcement agency ins 2008 No. 49s 4(2)

law enforcement purpose, for part 10, division 1A, see section 10.2G.

s 1.4 def law enforcement purpose ins 2008 No. 49s 4(2)

local transfer, for part 7, division 5, see section 7.38.

s 1.4 def local transfer ins 2019 No. 32s 3(2)

low alcohol limit, for part 5A, see section 5A.2.

s 1.4 def low alcohol limit ins 2003 No. 67s 4

marked print means a print of a photograph, marked in a way that highlights—

(a)features or aspects of the subject of the print; or

(b)points of similarity between the subject of the print and the subject of another print.

s 1.4 def marked print ins 1998 No. 19s 4

medical examination, for part 5A, see section 5A.2.

s 1.4 def medical examination ins 2003 No. 67s 4

member, for part 10, division 1A, see section10.2G.

s 1.4 def member ins 2008 No. 49s 4(2)

member of the service see section 2.2.

s 1.4 def member of the service ins 1998 No. 19s 4

MINDA, for part 10, division 1A, see section 10.2G.

s 1.4 def MINDA ins 2008 No. 49s 4(2)

misconduct means conduct that—

(a)is disgraceful, improper or unbecoming an officer; or

(b)shows unfitness to be or continue as an officer; or

(c)does not meet the standard of conduct the community reasonably expects of a police officer.

no alcohol limit, for part 5A, see section 5A.2.

s 1.4 def no alcohol limit ins 2003 No. 67s 4

noncommissioned officer means a person who holds a position in the police service as a noncommissioned officer.

officer—

(a)generally, means a police officer; and

(b)for part 7, see section 7.3.

s 1.4 def officer sub 2019 No. 32s 3

official misconduct ...

s 1.4 def official misconduct amd 1997 No. 59s 48sch 1

sub 2001 No. 69s 378sch 1

om 2014 No. 21s 94(2)sch 2

operative see section 5A.2.

s 1.4 def operative ins 2005 No. 45s 74sch 4

over the limit, for part 5A, see section 5A.2.

s 1.4 def over the limit ins 2003 No. 67s 4

participating entity, in relation to an identity matching service, for part 10, division 1AA, see section 10.2FA.

s 1.4 def participating entity ins 2018 No. 2s 15

place means any, or any part of any, land, water, building, structure, vehicle, vessel, aircraft or carriage.

police dog means a dog kept by the commissioner for helping police officers perform the duties of police officers.

Example—

a dog trained as a sniffer dog to help find illegal drugs

s 1.4 def police dog ins 1998 No. 19s 4

police horse means a horse kept by the commissioner for use by officers when performing the duties of police officers.

s 1.4 def police horse ins 1998 No. 19s 4

police officer means a person declared under section 2.2(2) to be a police officer.

police recruit means a person who holds a position in the police service as a police recruit.

policing purpose, for part 10, division 1A, see section 10.2G.

s 1.4 def policing purpose ins 2008 No. 49s 4(2)

prescribed officer, for part 7, see section 7.3.

s 1.4 def prescribed officer ins 2019 No. 32s 3(2)

prescribed person ...

s 1.4 def prescribed person ins 2005 No. 17s 23

om 2014 No. 17s 115(1)

prescribed responsibility means the responsibility of the commissioner under section 4.8(1).

s 1.4 def prescribed responsibility sub 2014 No. 17s 115

print means a print of a photograph or part of a photograph, and includes a marked print and an audio recording of an interview.

s 1.4 def print ins 1998 No. 19s 4

professional development strategy, for part 7, see section 7.3.

s 1.4 def professional development strategy ins 2019 No. 32s 3(2)

proposed sanction notice, for part 7, see section 7.28(2).

s 1.4 def proposed sanction notice ins 2019 No. 32s 3(2)

proposed sanction or strategy—

(a)for part 7, division 3, see section 7.18(1)(c); or

(b)for part 7, division 4, see section 7.28(2)(c).

s 1.4 def proposed sanction or strategy ins 2019 No. 32s 3(2)

PSBA ...

s 1.4 def PSBA ins 2014 No. 17s 115(2)

om 2021 No. 12s 180

PSBA chief operating officer ...

s 1.4 def PSBA chief operating officer (prev def PSBA chief executive officer) ins 2014 No. 17s 115(2)

amd 2016 No. 43s 21

om 2021 No. 12s 180

PSBA employee ...

s 1.4 def PSBA employee ins 2014 No. 17s 115(2)

om 2021 No. 12s 180

public sector disciplinary law means—

(a)this Act or any repealed Act regulating police; or

(b)the Public Service Act 2008 or any repealed Act regulating the public service; or

(c)the Misconduct Tribunals Act 1997 or QCAT Act; or

(d)a disciplinary provision of an industrial instrument under the Industrial Relations Act 2016; or

(e)another Act prescribed under a regulation.

s 1.4 def public sector disciplinary law ins 2009 No. 25s 34

amd 2009 No. 25s 44(1); 2016 No. 63s 1157sch 6

public service employee see the Public Service Act 2008, schedule 4.

s 1.4 def public service employee ins 2009 No. 25s 34

QCAT information notice, for a decision, means a notice complying with the QCAT Act, section 157(2) for the decision.

s 1.4 def QCAT information notice ins 2019 No. 32s 3(2)

QPS database means any of the following—

(a)the database known as QPRIME;

(b)the register of enforcement acts kept under the Police Powers and Responsibilities Act 2000;

(c)another database kept by or on behalf of the commissioner.

s 1.4 def QPS database ins 2003 No. 92s 30

sub 2007 No. 27s 16

amd 2008 No. 49s 4(4)

sub 2014 No. 17s 115

Queensland Transport means the department in which the Transport Operations (Road Use Management) Act 1995 is administered.

s 1.4 def Queensland Transport ins 2008 No. 49s 4(2)

random alcohol test, for part 5A, see section 5A.2.

s 1.4 def random alcohol test ins 2003 No. 67s 4

recruit means a police recruit.

relevant information, about a person, for part 5AA, means information about the person of a kind mentioned in the schedule for the person.

s 1.4 def relevant information ins 2003 No. 92s 30

relevant member ...

s 1.4 def relevant member ins 2003 No. 67s 4

om 2014 No. 17s 115(1)

relevant person, for part 5A, see section 5A.3.

s 1.4 def relevant person ins 2014 No. 17s 115(2)

relevant PSBA employee ...

s 1.4 def relevant PSBA employee ins 2014 No. 17s 115(2)

om 2021 No. 12s 180

required period, for part 7, division 3, subdivision 3, see section 7.20.

s 1.4 def required period ins 2019 No. 32s 3(2)

seconded officer ...

s 1.4 def seconded officer ins 2014 No. 17s 115(2)

om 2021 No. 12s 180

senior officer, in relation to another officer (the subordinate), means—

(a)an officer designated as the subordinate’s senior officer in accordance with established administrative arrangements or policies; or

(b)if there is no officer mentioned in paragraph (a)—

(i)an officer holding a higher rank than the subordinate as prescribed by regulation; or

(ii)an officer holding the same rank as the subordinate but who has held that rank for a longer period; or

(iii)an officer holding the same rank as the subordinate for the same period but who has the longer period of continuous service as an officer.

s 1.4 def senior officer ins 2019 No. 32s 3(2)

service means the police service.

service history, of an officer, for part 7, see section 7.3.

s 1.4 def service history ins 2019 No. 32s 3(2)

special constable means a person who holds a position as a special constable.

staff member means a person who is a staff member of the police service under section 2.5(1).

subject officer, for part 7, see section 7.2.

s 1.4 def subject officer ins 2019 No. 32s 3(2)

targeted substance, for part 5A, see section 5A.2.

s 1.4 def targeted substance ins 2003 No. 67s 4

targeted substance test, for part 5A, see section 5A.2.

s 1.4 def targeted substance test ins 2003 No. 67s 4

transfer of a police officer to a position has the meaning given by section 5.2(1).

unlawfully means without authorisation, justification or excuse by law.

use, for part 10, division 1A, see section10.2G.

s 1.4 def use ins 2008 No. 49s 4(2)

watch-house officer see section 4.9(6).

s 1.4 def watch-house officer ins 2006 No. 26s 112

s 1.4 amd 1992 No. 36s 2sch 1

sub 1993 No. 77s 2sch 1

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. 77s 2sch 1

1.6Notes in text

A note in the text of this Act is part of the Act.

s 1.6 ins 2003 No. 92s 31

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.

s 2.2 amd 1993 No. 77s 2sch 1

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.

s 2.3 amd 2000 No. 5s 461sch 3

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. 5s 461sch 3

amd 2003 No. 19s 3sch; 2014 No. 17s 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. 19s 6; 2019 No. 32s 6(1)–(2)

reloc and renum 2019 No. 32s 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 Service Act 2008, chapter 5, part 5.

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

s 2.5 sub 1993 No. 77s 2sch 1

amd 1996 No. 37s 147sch 2; 2009 No. 25s 83sch

2.5AOfficers etc. employed under this Act

The following persons are to be employed under this Act, and not under the Public Service Act 2008—

(a)a police officer, police recruit or special constable; or

(b)a staff member mentioned in section 8.3(5).

s 2.5A ins 1996 No. 37s 147sch 2

amd 2009 No. 25s 83sch

3.1Meaning of officer in part

In this part—

officer includes a special constable.

s 3.1 sub 1993 No. 77s 2sch 1

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.

s 3.2 amd 2019 No. 32s 32sch 1

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. 77s 2sch 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. 77s 2sch 1

amd 2001 No. 69s 378sch 1; 2014 No. 21s 94(2)sch 2; 2016 No. 19s 46sch 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. 77s 2sch 1; 2001 No. 69s 378sch 1; 2014 No. 21s 94(2)sch 2; 2016 No. 19s 46sch 1; 2016 No. 63s 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. 77s 2sch 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. 77s 2sch 1; 1997 No. 59s 48sch 1; 2001 No. 69s 378sch 1; 2009 No. 24s 1604; 2014 No. 21s 94(2)sch 2; 2016 No. 19s 46sch 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. 77s 2sch 1; 2001 No. 69s 378sch 1; 2014 No. 21s 94(2)sch 2; 2014 No. 21s 94(2)sch 2; 2016 No. 19s 46sch 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. 77s 2sch 1; 1998 No. 19s 5; 2010 No. 26s 110; 2014 No. 17s 117; 2016 No. 63s 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.

(6)In this section—

watch-house officer means a staff member who is appointed by the commissioner to be a watch-house officer.

s 4.9 amd 1993 No. 77s 2sch 1; 2006 No. 26s 113

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. 77s 2sch 1

amd 2014 No. 17s 118; 2016 No. 43s 23; 2018 No. 20s 53; 2021 No. 12s 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. 77s 2sch 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. 26s 114

5.1Ranks

The ranks of officers are those declared for the time being by the regulations.

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 as a police recruit or to a police officer position 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 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 in question.

(6)For the purpose of determining the potential of an officer to discharge the duties of a position 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 in question;

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

s 5.2 amd 1993 No. 77s 3

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. 77s 2sch 1; 2016 No. 63s 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. 77s 2sch 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 that is 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 that is 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. 36s 2sch 1; 1993 No. 77s 2sch 1; 2016 No. 63s 1157 sch 6

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. 77s 2sch 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 that is 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.

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. 77s 2sch 1; 2016 No. 63s 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. 77s 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. 77s 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. 77s 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.

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

5.16Special constables

(1)The commissioner may, in writing, appoint on such terms and conditions as the commissioner thinks fit such number of persons to be special constables as, in the commissioner’s opinion, is necessary for the effectual administration of this Act and the efficient and proper discharge of the prescribed responsibility.

(2)A special constable—

(a)is not an employee of the Crown in right of the State or of the commissioner;

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

(c)has, during the continuance of the appointment as such, the powers and duties of an officer as specified in the special constable’s instrument of appointment, and no other.

(3)Subject to subsection (2), such of the provisions of this Act relating to officers as may be reasonably applied to special constables so apply, as if a special constable were an officer.

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 the Police Powers and Responsibilities Act 2000 (the Police Act).

(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)The Police 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 the Police 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 functions performed by the officers;

(e)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.

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.

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. 8s 40

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

pt 5 div 2 hdg ins 2006 No. 26s 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 Service Act 2008 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. 26s 115

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

pt 5A hdg ins 2003 No. 67s 5

pt 5A div 1 hdg ins 2003 No. 67s 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. 67s 5

amd 2014 No. 17s 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. 17s 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. 26s 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. 17s 24; 2005 No. 45s 74sch 4; 2014 No. 17s 121(5); 2021 No. 12s 183(2)

covert operative...

s 5A.2 def covert operative om 2005 No. 45s 74sch 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. 5s 810sch 4 (amd 2006 No. 26ss 84, 86); 2014 No. 17s 121(6); 2021 No. 12s 183(3)

critical incident means—

(a)an incident in which it was necessary for an officer on duty to discharge a firearm in circumstances that caused or could have caused injury to a person; or

(b)a death of a person in custody; or

(c)either of the following in which a person dies or because of which a person is admitted to hospital for treatment of injuries—

(i)a vehicle pursuit;

(ii)a workplace incident at a police station or police establishment.

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, includes evidence of the presence of the following in the person’s urine—

(a)a targeted substance;

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

(c)a metabolite of a targeted substance.

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

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. 45s 74sch 4

amd 2000 No. 5s 810sch 4 (amd 2006 No. 26ss 84, 86); 2014 No. 21s 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. 17s 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. 17s 121(1)

relevant person see section 5A.3.

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

relevant PSBA employee ...

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

om 2021 No. 12s 183(1)

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.

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

s 5A.2 ins 2003 No. 67s 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.

(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. 67s 5

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

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;

(c)a substance that is a controlled drug, a restricted drug or a poison under the Health Act 1937 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. 67s 5

Editor’s note—

Section 5A.4 incorporates an uncommenced amendment—see 2019 Act No. 26sch 2.

5A.4AAnalysts

The Minister may, by gazette notice, appoint as an analyst for this part, a person the Minister is satisfied has appropriate qualifications, standing and experience to be an analyst for this part.

s 5A.4A ins 2006 No. 26s 117

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. 67s 5

pt 5A div 2 hdg ins 2003 No. 67s 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. 67s 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. 67s 5

amd 2014 No. 17s 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. 67s 5

amd 2005 No. 45s 74sch 4; 2014 No. 17s 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. 67s 5

amd 2005 No. 45s 74sch 4; 2014 No. 17s 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. 67s 5

amd 2014 No. 17s 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. 67s 5

amd 2014 No. 17s 127

pt 5A div 3 hdg ins 2003 No. 67s 5

5A.12Targeted substance levels

(1)A relevant person must not have evidence of a dangerous drug present in the person’s urine 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—

(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. 67s 5

amd 2014 No. 17s 128

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. 67s 5

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

5A.14Providing specimen for targeted substance test

(1)An authorised person may require a relevant person to provide a specimen of urine to a doctor or registered nurse for a targeted substance test at a place and time specified by the authorised person.

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

(3)A doctor or registered nurse may give reasonably necessary directions to the relevant person about how the specimen is to be provided and providing a sufficient specimen for testing.

(4)However, a direction given under subsection (3) must not be inconsistent with any requirements about the collection of urine specimens prescribed under a regulation for this section.

(5)Subject to subsection (4), the relevant person must provide the specimen in accordance with the directions of a doctor or a registered nurse.

(6)If the relevant person acts in accordance with the directions of the doctor or registered nurse but has a reasonable excuse, because of a medical condition, for being unable to provide a specimen of urine—

(a)the person does not contravene subsection (5); and

(b)the failure to provide the specimen is not to be taken as a positive test for this part.

(7)As soon as practicable after a specimen of urine has been obtained under this section, the specimen must be dealt with in the way prescribed under a regulation for this section.

(8)In this section—

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. 67s 5

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

5A.15Effect of failure to provide specimen of urine

A relevant person who fails to provide a specimen of urine is taken, unless section 5A.14(6) applies to the person, 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 urine.

s 5A.15 ins 2003 No. 67s 5

amd 2014 No. 17s 131

pt 5A div 4 hdg ins 2003 No. 67s 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.

(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;

(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 Service Act 2008;

(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. 67s 5

amd 2009 No. 25s 83sch; 2014 No. 17s 132

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 Service Act 2008.

s 5A.17 ins 2003 No. 67s 5

amd 2009 No. 25s 83sch; 2014 No. 17s 133

pt 5A div 5 hdg ins 2003 No. 67s 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. 67s 5

5A.19Interfering with specimens

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

Maximum penalty—100 penalty units.

s 5A.19 ins 2003 No. 67s 5

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. 67s 5

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

(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. 67s 5

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 Service Act 2008.

(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. 17s 28

amd 2009 No. 25s 83sch

sub 2014 No. 17s 134

amd 2016 No. 43s 23; 2021 No. 12s 185

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. 67s 5

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

pt 5AA hdg ins 2003 No. 92s 32

pt 5AA div 1 hdg ins 2003 No. 92s 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. 92s 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. 48s 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. 92s 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. 92s 32

amd 2014 No. 17s 136; 2021 No. 12s 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. 92s 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. 92s 32

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

pt 5AA div 2 hdg ins 2003 No. 92s 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 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. 92s 32

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 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. 92s 32

5AA.8Requirements for disclosure

(1)To comply with section 5AA.6 or 5AA.7, a person must give the commissioner a disclosure in the approved form.

(2)Without limiting subsection (1), the approved form must make provision for the disclosure of the following relevant information—

(a)the existence of a conviction or charge;

(b)when an offence was committed or alleged to have been committed;

(c)details of an offence or alleged offence;

(d)for a conviction—whether or not a conviction was recorded and other details of the sentence;

(e)disciplinary action under a public sector disciplinary law involving—

(i)termination of employment; or

(ii)reduction of classification level or rank; or

(iii)transfer or redeployment to other employment; or

(iv)reduction of remuneration level; or

(v)a disciplinary declaration that states a disciplinary action mentioned in subparagraph (i) or (ii) as the disciplinary action that would have been taken against the person if the person’s employment had not ended.

s 5AA.8 ins 2003 No. 92s 32

amd 2009 No. 25s 35

pt 5AA div 3 hdg ins 2003 No. 92s 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. 92s 32

amd 2008 No. 49s 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. 92s 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. 25s 36

pt 5AA div 4 hdg ins 2003 No. 92s 32

5AA.11 Assessment of suitability

(1)This section applies to the commissioner in considering relevant information about a person under this part.

(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 Service Act 2008, chapter 1, part 4.

s 5AA.11 ins 2003 No. 92s 32

amd 2008 No. 49s 6; 2009 No. 25ss 37, 83sch

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

(2)The commissioner must give reasons why the commissioner considers the person may not be suitable to be, or continue to be, engaged by the service unless the commissioner considers the disclosure of the information 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)(b), 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. 92s 32

amd 2014 No. 17s 138; 2021 No. 12s 188

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

(c)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)The commissioner must give reasons why the commissioner considers the person may not be suitable to be, or continue to be, engaged by the service unless the commissioner considers the disclosure of the information 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)(b) or (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 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. 92s 32

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

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 Service Act 2008, section 188B

(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. 92s 32

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

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. 92s 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. 77s 2sch 1; 2014 No. 21s 94(2)sch 2; 2019 No. 32s 32sch 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. 77s 2sch 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. 32s 32sch 1

pt 6A hdg ins 2019 No. 32s 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. 19s 7; 2001 No. 69s 378sch 1; 2005 No. 17s 29; 2014 No. 21s 94(2)sch 2; 2016 No. 19s 46sch 1; 2019 No. 32s 7(1)–(2)

reloc and renum 2019 No. 32s 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. 32s 8(1)

reloc and renum 2019 No. 32s 8(2)

pt 7 hdg sub 2019 No. 32s 9

pt 7 div 1 hdg ins 2019 No. 32s 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. 32s 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. 32s 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. 32s 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. 59s 48sch 1; 2001 No. 69s 378sch 1; 2009 No. 24s 1605; 2014 No. 21s 94(2)sch 2

sub 2019 No. 32s 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. 32s 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. 32s 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. 32s 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. 32s 9

pt 7 div 2 hdg ins 2019 No. 32s 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. 32s 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. 32s 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. 32s 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 criminal proceeding has been started—6 months from the day the criminal 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 abbreviated process notice or disciplinary proceeding notice for the proceeding is given to the subject officer by the prescribed officer.

(4)In this section—

relevant criminal proceeding means a criminal proceeding, started against a member of the service or a former officer within the meaning of section 7A.1(1)(b), in relation to conduct that substantially relates to the ground for disciplinary action.

s 7.12 ins 2019 No. 32s 9

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—

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.

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. 32s 9

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. 32s 9

pt 7 div 3 hdg ins 2019 No. 32s 9

pt 7 div 3 sdiv 1 hdg ins 2019 No. 32s 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. 32s 9

pt 7 div 3 sdiv 2 hdg ins 2019 No. 32s 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. 32s 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.

(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. 32s 9

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. 32s 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. 32s 9

pt 7 div 3 sdiv 3 hdg ins 2019 No. 32s 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. 32s 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. 32s 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. 32s 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. 32s 9

pt 7 div 3 sdiv 4 hdg ins 2019 No. 32s 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. 32s 9

pt 7 div 4 hdg ins 2019 No. 32s 9

pt 7 div 4 sdiv 1 hdg ins 2019 No. 32s 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. 32s 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 process 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. 32s 9

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. 32s 9

pt 7 div 4 sdiv 2 hdg ins 2019 No. 32s 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. 32s 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. 32s 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. 32s 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. 32s 9

pt 7 div 4 sdiv 3 hdg ins 2019 No. 32s 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. 32s 9

pt 7 div 5 hdg ins 2019 No. 32s 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. 32s 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. 32s 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. 32s 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. 32s 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. 32s 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. 32s 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. 32s 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. 32s 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. 32s 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. 32s 9

pt 7 div 6 hdg ins 2019 No. 32s 9

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. 32s 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. 32s 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. 32s 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. 32s 9

pt 7A hdg ins 2009 No. 25s 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. 25s 39

amd 2014 No. 21s 94(2)sch 2; 2019 No. 32ss 10, 32sch 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. 25s 39

amd 2019 No. 32ss 11, 32sch 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. 25s 39

amd 2019 No. 32s 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. 25s 39

amd 2009 No. 25s 44(3)

sub 2019 No. 32s 13

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

An officer, other than one who holds a position on a contract basis—

(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.

s 8.2 amd 1993 No. 77s 2sch 1

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) thereby ceases to be an officer and is relieved of all powers and duties of a constable at common law or under any Act or law.

(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. 77s 2sch 1; 2014 No. 17s 140; 2016 No. 43s 23; 2021 No. 12s 190

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. 34s 3

amd 2016 No. 63s 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. 77s 2sch 1

sub 1997 No. 31s 3

amd 2001 No. 69s 378sch 1; 2014 No. 21s 94(2)sch 2; 2016 No. 19s 46sch 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. 77s 5; 2009 No. 25s 40; 2019 No. 32s 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. 77s 2sch 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. 77s 2sch 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. 27s 6

sub 2018 No. 29s 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. 27s 6

pt 9A hdg ins 1998 No. 19s 8

9A.1Payment for prints

(1)A person for whom a print is made by or at the request of a police officer in the performance of the police officer’s duty under this Act or otherwise, must pay to the commissioner a reasonable amount for printing and supplying the print.

(2)If the person requires a marked print, the person must also pay to the commissioner a reasonable amount for marking the print.

(3)However, the commissioner may, in a particular case, decide not to charge an amount under subsection (1) or (2).

(4)In this section—

reasonable amount, for printing and supplying or marking a print, means a reasonable amount fixed by the commissioner, not more than the actual cost of producing and supplying, or marking, the print.

s 9A.1 ins 1998 No. 19s 8

9A.2Entitlement to prints

(1)This section applies if the State or a police officer performing the police officer’s duties tenders a print as an exhibit in a proceeding before a court or tribunal.

(2)A person who satisfies the person who has custody of the print that the person requires a print identical to the print tendered for a prescribed purpose is entitled to a print identical to the print tendered.

Note—

See section 9A.4.

(3)This section does not entitle a person to a print the person requires for a proceeding started in a court or tribunal because of something alleged to have been done or not done by a police officer or a State employee in the performance of his or her duties, unless a print identical to the print required has been tendered as an exhibit in the proceeding.

s 9A.2 ins 1998 No. 19s 8

9A.3Procedure to obtain print for prescribed purpose

(1)A person who requires a print mentioned in section 9A.2 (the tendered print) for a prescribed purpose may, in writing, ask the person who has custody of the print or, if it is a photograph, the negative of the print, to give to the person a print identical to the tendered print.

(2)The request must indicate the purpose for which the person requires the print.

(3)However, it is not necessary to supply the print unless the person asking for it pays any amount fixed for the print under section 9A.1.

(4)If the person who has custody of the negative is satisfied that the person making the request is entitled to the print and has paid any amount fixed for supplying the print, the person must cause the print to be made and supplied.

(5)A person does not incur any liability at law merely because of the printing, marking or supply of a print under this part.

s 9A.3 ins 1998 No. 19s 8

9A.4What is a prescribed purpose

For this part, each of the following is a prescribed purpose—

(a)to answer a charge of an offence, the subject matter of or arising out of a proceeding in which a print identical to the print required is an exhibit;

(b)for a proceeding started in a court or tribunal, whether it is the proceeding in which a print identical to the print required is an exhibit or another proceeding;

(c)for deciding whether to start a proceeding in a court or tribunal or to make a particular claim in the proceeding;

(d)for deciding whether to defend a proceeding that may be started in a court or tribunal or to make or resist a particular claim in the proceeding.

s 9A.4 ins 1998 No. 19s 8

pt 10 div 1 hdg ins 2006 No. 58s 6

pt 10 div 1 sdiv 1 hdg ins 2006 No. 58s 6

10.1Improper disclosure of information

(1)Any officer or staff member or person who has been an officer or a staff member who, except for the purposes of the police service, discloses information that—

(a)has come to the knowledge of, or has been confirmed by, the officer or staff member or person through exercise, performance or use of any power, authority, duty or access had by the officer or staff member or person because of employment in the service; or

(b)has come to the knowledge of the officer or staff member or person because of employment in the service;

commits an offence against this Act, unless—

(c)the disclosure is authorised or permitted under this or another Act; or

(d)the information is about a person offered an opportunity to attend a drug diversion assessment program under the Police Powers and Responsibilities Act 2000, section 379 and the disclosure is made to the chief executive of the department withinin which the Health Act 1937Medicines and Poisons Act 2019 is administered; or

(e)the disclosure is made under due process of law; or

(f)the information is not of a confidential or privileged nature; or

(g)the information would normally be made available to any member of the public on request.

Maximum penalty—100 penalty units.

(2)In prosecution proceedings for an offence defined in subsection (1), it is irrelevant that information of the nature of that disclosed had also come to the defendant’s knowledge otherwise than in a manner prescribed by subsection (1).

s 10.1 amd 1993 No. 77s 2sch 1; 2000 No. 22s 38; 2005 No. 17s 30; 2005 No. 45s 74sch 4; 2000 No. 5s 810sch 4 (amd 2006 No. 26ss 84, 86)

Editor’s note—

Section 10.1 incorporates an uncommenced amendment—see 2019 Act No. 26sch 2.

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, 10.2C 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. 19s 9; 2005 No. 17s 31; 2006 No. 58s 7; 2018 No. 2s 16; 2021 No. 12s 191

pt 10 div 1 sdiv 2 hdg ins 2006 No. 58s 8

amd 2013 No. 64s 124; 2016 No. 62s 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. 45s 5(2)

amd 2016 No. 48s 18sch 1 (retro)

s 10.2AA ins 2009 No. 48s 64

amd 2010 No. 45s 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. 58s 8

amd 2008 No. 49s 7; 2010 No. 45s 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. 45s 7

amd 2016 No. 48s 18sch 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. 58s 8

amd 2010 No. 51s 57sch

10.2CMisuse of information obtained under ss 10.2A–10.2B

(1)Subsection (2) applies in relation to a disclosure of information made to a person under section 10.2A or 10.2B (a relevant disclosure).

(2)A person to whom a relevant disclosure is made must not—

(a)use the information for a purpose other than the purpose for which the information is disclosed; or

(b)disclose the information to someone other than the person to whom the information relates without that person’s written consent.

Maximum penalty—100 penalty units.

(3)Subsection (4) applies in relation to a disclosure of information made to a relevant agency under section 10.2BA.

(4)The relevant agency must not use the information for a purpose other than the purpose for which the information is disclosed.

Maximum penalty—100 penalty units.

s 10.2C ins 2006 No. 58s 8

amd 2010 No. 45s 8

pt 10 div 1 sdiv 2A hdg ins 2009 No. 25s 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. 25s 41

pt 10 div 1 sdiv 3 hdg ins 2006 No. 58s 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. 58s 8

pt 10 div 1 sdiv 4 hdg ins 2006 No. 58s 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. 58s 8

amd 2010 No. 45s 9; 2013 No. 64s 125; 2016 No. 62s 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. 58s 8

pt 10 div 1AA hdg ins 2018 No. 2s 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. 2s 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. 2s 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. 2s 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. 2s 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. 2s 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. 2s 17