Queensland Consolidated Acts

CRIME AND CORRUPTION ACT 2001 - SECT 273D

273D Disciplinary action that may be taken against a former relevant commission officer

(1) This section applies if—

(a) a disciplinary ground arises in relation to a relevant commission officer (the
"former relevant commission officer" ); and

(b) after the disciplinary ground arises, the officer’s employment as a relevant commission officer ends for any reason.

(2) However, this section does not apply in relation to a person who is a former relevant commission officer if the chief executive officer is aware—

(a) the person is a relevant employee; and

(b) the person’s current or previous chief executive has taken, is taking, or intends to take disciplinary action against the person, under a relevant disciplinary law, in relation to the disciplinary ground.

(3) The chief executive officer may make a disciplinary finding, or take disciplinary action under this section, against the former relevant commission officer in relation to the disciplinary ground.

(4) The disciplinary finding or disciplinary action must be made or taken within a period of 2 years after the end of the relevant commission officer’s employment.

(5) For subsections (3) and (4) , the chief executive officer takes disciplinary action against a former relevant commission officer by making a disciplinary declaration against the officer.

(6) The chief executive officer may only make a disciplinary declaration if the disciplinary action that would have been taken against the former relevant commission officer if the officer’s employment had not ended would have been—

(a) dismissal; or

(b) reduction of classification level.

(7) The making of the disciplinary declaration does not affect the way in which the relevant commission officer’s employment ended, or any benefits, rights or liabilities arising because the employment ended.

(8) In this section—

"disciplinary declaration" means a declaration of—

(a) the disciplinary finding against the former relevant commission officer; and

(b) the disciplinary action that would have been taken against the relevant commission officer if the officer’s employment had not ended.