Queensland Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]
POLICE SERVICE ADMINISTRATION ACT 1990 - SECT 4.5
Removal and suspension of commissioner
4.5 Removal 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) .
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback