Queensland Consolidated Acts

PUBLIC SERVICE ACT 2008 - SECT 188A

188A Disciplinary action that may be taken against a former public service employee

(1) This section applies if—

(a) a disciplinary ground arises in relation to a public service employee; and

(b) after the disciplinary ground arises the employee’s employment as a public service employee ends for any reason.

(2) However, this section does not apply in relation to a person who is a former public service employee if the person’s previous chief executive is aware—

(a) the person is a prescribed employee; and

(b) the previous chief executive or the person’s current chief executive has taken, is taking, or intends to take disciplinary action against the person, under a relevant disciplinary law, in relation to the disciplinary ground.

(3) The former public service employee’s previous chief executive may make a disciplinary finding or take or continue to take disciplinary action against the former public service employee in relation to the disciplinary ground.

(4) The disciplinary finding or disciplinary action must be made or taken within a period of 2 years after the end of the employee’s employment.

(5) However, subsection (4) does not stop disciplinary action being taken following an appeal or review.

(6) Subsection (4) does not affect—

(a) an investigation of a suspected criminal offence; or

(b) an investigation of a matter for the purpose of notifying the Crime and Corruption Commission of suspected corrupt conduct under the Crime and Corruption Act 2001 .

(7) In disciplining the former public service employee, the former public service employee’s previous chief executive may make a disciplinary declaration and may not take any other disciplinary action.

(8) The former public service employee’s previous chief executive may only make a disciplinary declaration if the disciplinary action that would have been taken against the employee if the employee’s employment had not ended would have been—

(a) termination of employment; or

(b) reduction of classification level.

(9) The making of the disciplinary declaration does not affect the way in which the employee’s employment ended, or any benefits, rights or liabilities arising because the employment ended.

(10) In this section—

"disciplinary declaration" means a declaration of—

(a) the disciplinary finding against the former public service employee; and

(b) the disciplinary action that would have been taken against the employee if the employee’s employment had not ended.