Queensland Consolidated Acts

PUBLIC SERVICE ACT 2008 - SECT 170

170 Prosecuting authority to notify chief executive about committal, conviction etc.

(1) This section applies if the police commissioner or the director of public prosecutions (a
"prosecuting authority" ) is aware that a person is a public service employee in a department and, after the commencement of this section, the person is charged with a relevant offence.

(2) If the person is committed by a court for trial for a relevant offence, the prosecuting authority must, within 7 days after the committal, give notice to the department’s chief executive of the following—

(a) the person’s name;

(b) the court;

(c) particulars of the offence;

(d) the date of the committal;

(e) the court to which the person was committed.

(3) If the person is convicted before a court of a relevant offence, the prosecuting authority must, within 7 days after the conviction, give notice to the department’s chief executive of the following—

(a) the person’s name;

(b) the court;

(c) particulars of the offence;

(d) the date of the conviction;

(e) the sentence imposed by the court.

(4) If the person is convicted as mentioned in subsection (3) , and the person has appealed against the conviction, and the appeal is finally decided or has otherwise ended, the prosecuting authority must, within 7 days after the decision or the day the appeal otherwise ends, give notice to the department’s chief executive of the following—

(a) the person’s name;

(b) particulars of the offence;

(c) the date of the decision or other ending of the appeal;

(d) if the appeal was decided—

(i) the court in which it was decided; and

(ii) particulars of the decision.

(5) If the prosecution for the relevant offence ends without the person being convicted of the offence, the prosecuting authority must, within 7 days after the prosecution process ends, give notice to the department’s chief executive about the following—

(a) the person’s name;

(b) if relevant, the court in which the prosecution process ended;

(c) particulars of the offence;

(d) the date the prosecution process ended.

(6) For subsection (4) , the prosecution process ends if—

(a) an indictment was presented against the person but a nolle prosequi is entered on the indictment or the person is acquitted; or

(b) the prosecution process has otherwise ended.

(7) In this section—

"disqualifying offence" see the Working with Children Act , schedule 7 .

"relevant offence" means—

(a) an indictable offence; or

(b) a disqualifying offence that is not an indictable offence.