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CRIME AND CORRUPTION ACT 2001 - SECT 273G
Requirement to disclose previous history of serious disciplinary action
(1) If the chief executive officer proposes to employ a person as a
relevant commission officer, the chief executive officer may require the
person to disclose to the chief executive officer particulars of any
serious disciplinary action taken against the person.
(2) The person must
comply with the requirement before the employment takes effect and within the
time and in the way stated by the chief executive officer.
(3) The chief
executive officer may have regard to information disclosed by the person under
this section in deciding whether to employ a person as a
relevant commission officer.
(4) The chief executive officer is not required
to further consider the person for employment as a relevant commission officer
if the person— (a) fails to comply with the requirement; or
(b) gives false
or misleading information in response to the requirement.
(5) In this
section—
"disciplinary action" , for a person, means any action of a disciplinary
nature taken against the person under this Act or a
public sector disciplinary law.
"disciplinary declaration" means a disciplinary declaration within the meaning
of the Public Sector Act 2022 , schedule 2 , definition
disciplinary declaration , paragraph (a) .
"employ" , in relation to a person, includes second and engage.
"public sector disciplinary law" see the Public Sector Act 2022 , schedule 2 .
"relevant commission officer" means— (a) a senior officer; or
(b) a person
employed under section 254 or seconded under section 255 ; or
(c) a person
engaged under section 256 .
"serious disciplinary action" , in relation to a person, means— (a)
disciplinary action taken against the person, 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
(b) a disciplinary declaration that states a
disciplinary action mentioned in paragraph (a) (i) or (ii) as the
disciplinary action that would have been taken against the person if the
person’s employment had not ended.
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