Queensland Consolidated Acts

CRIME AND CORRUPTION ACT 2001 - SECT 219J

219J Additional power for particular reviewable decisions

(1) This section applies if, after reviewing a reviewable decision mentioned in section 219BA (1) (a) or (b) , QCAT—

(a) finds that the following has been proved against the prescribed person—

(i) if the prescribed person is a former officer—a ground for disciplinary action under the Police Service Administration Act 1990 ;

(ii) otherwise—corruption; and

(b) sets aside the decision and substitutes another decision.

(2) QCAT may impose on the person any discipline provided for on a finding mentioned in subsection (1) (a) , even though the original decision-maker’s power to impose the discipline may have been restricted.

(3) Subject to subsection (4) , if the reviewable decision involved the making of, or failure to make, a disciplinary declaration, the discipline that QCAT may impose under subsection (2) includes making a disciplinary declaration.

(4) No action may be taken to enforce a penalty or fine mentioned in a disciplinary declaration made under subsection (2) .

(5) A disciplinary declaration may only be made under subsection (2) if the order QCAT would have made under subsection (2) , if the prescribed person’s employment or appointment had not ended, would have been that the prescribed person—

(a) if the prescribed person is a former officer—

(i) be dismissed; or

(ii) be suspended from duty without pay for at least 3 months; or

(iii) be placed on probation; or

(iv) be demoted, whether permanently or for a particular period; or

(b) otherwise—

(i) be dismissed; or

(ii) be reduced in rank.

(6) A disciplinary declaration made under subsection (2) does not affect the way in which the prescribed person’s employment or appointment ended or the benefits, rights and liabilities arising because the employment ended.

(7) In this section—

"disciplinary declaration" means—

(a) for a reviewable decision, a disciplinary declaration as defined under section 219BA (2) ; or

(b) for a decision substituted by QCAT on review, a declaration of—

(i) the disciplinary finding against the prescribed person; and

(ii) the discipline that would have been imposed by QCAT under subsection (2) if the prescribed person’s employment or appointment had not ended.