Queensland Consolidated Acts

TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 - SECT 111I

111I Particular persons to be advised if person unsuitable

(1) If, because of information relied on by the chief executive under this subdivision, the chief executive considers a person may not be suitable to be, or continue to be, a transit officer, the chief executive must, before deciding the person is not suitable—

(a) disclose the information to the person; and

(b) allow the person a reasonable opportunity to make representations to the chief executive about the information.

(2) The chief executive must give reasons why the chief executive considers the person may not be suitable to be, or continue to be, a transit officer unless the chief executive considers the giving of the reasons may—

(a) prejudice the investigation of a contravention or possible contravention of the law; or

(b) enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; or

(c) endanger a person’s life or physical safety; or

(d) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; or

(e) prejudice the maintenance or enforcement of a lawful method or procedure for protecting public safety; or

(f) prejudice national security; or

(g) be prohibited under a law of this or any other State or the Commonwealth.

(3) In deciding, under subsection (2) , whether or not to give reasons why the chief executive considers the person may not be suitable to be, or continue to be, a transit officer, the chief executive must have regard to any advice given to the chief executive by the commissioner of the police service in relation to the disclosure of information given by the commissioner.

(4) If, after considering any representations made under subsection (1) (b) , the chief executive decides the person is not suitable to be, or continue to be, a transit officer, the chief executive must give the person a written notice stating that the person is not suitable to be, or continue to be, a transit officer.

(5) Information relied on under this section to decide that a person is not suitable to be a transit officer can not be used for any other purpose, unless its disclosure is authorised under section 111J (3) .