Queensland Consolidated Acts

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PUBLIC SERVICE ACT 2008 - SECT 187A

How disciplinary action may be taken against a public service employee after the employee changes employment

187A How disciplinary action may be taken against a public service employee after the employee changes employment

(1) This section applies if—
(a) a public service employee holds an appointment with, or is employed by, a department and a disciplinary ground arises in relation to the employee; and
(b) after the disciplinary ground arises the employee changes employment from the department to another department.
(2) The previous chief executive may make a disciplinary finding about the disciplinary ground even though the employee holds an appointment with, or is employed by, the other department.
(3) The previous chief executive may not take disciplinary action about the disciplinary ground other than to the extent provided under subsection (4) .
(4) If—
(a) the previous chief executive makes a disciplinary finding about the disciplinary ground; and
(b) the previous chief executive and the current chief executive agree that disciplinary action against the employee is reasonable in the circumstances;
the current chief executive may take disciplinary action against the employee under section 188 .
(5) Despite subsection (2) and without limiting or being limited by any other power of delegation under any Act, the previous chief executive may delegate to the current chief executive the authority under subsection (2) to make a disciplinary finding about the employee.
(6) If—
(a) the previous chief executive delegates to the current chief executive the authority under subsection (2) to make a disciplinary finding about the employee; and
(b) the current chief executive makes a disciplinary finding about the employee;
the current chief executive may take disciplinary action against the employee under section 188 without the agreement of the previous chief executive.
(7) The previous chief executive may give to the current chief executive any information about a public service employee or a disciplinary ground relating to the employee to help the current chief executive to perform a function under subsection (4) or (5) in relation to the employee.



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