Queensland Consolidated Acts

CRIME AND CORRUPTION ACT 2001 - SECT 219M

219M Appeal from QCAT exercising original jurisdiction

(1) The following persons may appeal under the QCAT Act , chapter 2 , part 8 against a decision of QCAT exercising original jurisdiction under this part—

(a) the prescribed person in relation to whom the decision was made;

(b) the public official for the unit of public administration in which the prescribed person is employed;

(c) the commission, whether or not the commission was a party to the proceeding before QCAT.

(2) Subsections (3) to (7) apply for the QCAT Act , chapter 2 , part 8 .

(3) A reference to a party to a proceeding includes a reference to a person who may appeal under subsection (1) .

(4) A reference to a decision, if the decision involves the making of a disciplinary declaration, includes the disciplinary declaration.

Note—

The decision may also involve a failure to make a disciplinary decision.

(5) If a decision set aside involved the making of, or a failure to make, a disciplinary declaration, the power to substitute another decision involving disciplinary action is limited to the making of, or the making of another, disciplinary declaration and does not include the taking of any other disciplinary action.

(6) A disciplinary declaration may only be made if the order the appeal tribunal or the Court of Appeal would have made under the QCAT Act , chapter 2 , part 8 , if the prescribed person’s employment or appointment had not ended would have been that the prescribed person—

(a) be dismissed; or

(b) be reduced in rank.

(7) A disciplinary declaration made under subsection (5) 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.