Queensland Consolidated Acts

POLICE SERVICE ADMINISTRATION ACT 1990 - SECT 7.13

7.13 When ground for disciplinary action arises

(1) For this part, a ground for disciplinary action against the subject officer arises on—

(a) if the ground relates to conduct involving a single act or omission—the day the conduct occurred; or

(b) if the ground relates to ongoing conduct of the same or a similar nature or arising out of the same circumstances—the latest day the conduct occurs.

(2) However, subsection (3) applies if—

(a) during a prescribed operation, the commissioner or the CCC becomes aware of a ground for disciplinary action against the subject officer; and

(b) a relevant officer overseeing all or part of the operation reasonably believes that starting disciplinary action against the subject officer may compromise the operation.

(3) The ground for disciplinary action is taken to arise on the day the operation ends.

(4) If subsection (3) applies because the CCC becomes aware of the ground for disciplinary action, the chairperson of the CCC must include the information mentioned in subsection (6) in a statutory declaration, or a report under the Crime and Corruption Act 2001 , section 49 , given to the commissioner.

(5) If subsection (3) applies because the commissioner becomes aware of the ground for disciplinary action, the commissioner must issue a notice including the information mentioned in subsection (6) .

(6) For subsections (4) and (5) , the information is—

(a) that the commissioner or the CCC, as the case may be, became aware of a ground for disciplinary action against a named officer during a prescribed operation; and

(b) the dates the operation started and ended; and

(c) that a named relevant officer had oversight of all or part of the operation; and

(d) the relevant officer reasonably believed that starting disciplinary action against the officer mentioned in paragraph (a) before the end of the operation may have compromised the operation.

(7) In this section—

"integrity agency" means a statutory body established under a law of the Commonwealth or another State, the functions of which include the investigation of matters relating to integrity or corruption in the police force or service, or the public service, of the Commonwealth or that State.

"police agency" means a police force or service of the Commonwealth or another State.

"prescribed operation" means—

(a) a controlled activity or controlled operation under the Crime and Corruption Act 2001 or the Police Powers and Responsibilities Act 2000 ; or

(b) a specific intelligence operation under the Crime and Corruption Act 2001 ; or

(c) an investigation by the CCC or an integrity agency; or

(d) an investigation carried out by the service, a police agency, the CCC or an integrity agency involving interception of telecommunications authorised by a warrant issued under the Telecommunications (Interception and Access) Act 1979 (Cwlth) ; or

(e) an investigation involving a surveillance device authorised by a surveillance device warrant issued under the Police Powers and Responsibilities Act 2000 ; or

(f) an activity, operation or investigation that—

(i) is carried out by a police agency or an integrity agency under a law of the Commonwealth or another State; and

(ii) corresponds or substantially corresponds to an activity, operation or investigation mentioned in paragraph (a) , (b) or (c) .

"relevant officer" means—

(a) the commissioner; or

(b) the chairperson of the CCC; or

(c) a delegate of the commissioner or the chairperson of the CCC.