Queensland Consolidated Acts

PUBLIC SERVICE ACT 2008 - SECT 246

246 Specific provisions relating to criminal history of a person under the repealed Public Service Act

(1) The purpose of this provision is to make specific provision for matters that were dealt with under repealed part 9A.

(2) If, under repealed part 9A, the chief executive of a department had decided that it may be necessary to have regard to the criminal history of anyone engaged to perform particular duties to ensure the person so engaged is suitable to perform them, that decision continues to have effect as if it had been made under section 151.

(3) If, before the changeover day, the chief executive asked for a person’s written consent to obtain the person’s criminal history under repealed section 114C and the person had refused or not given the written consent, the chief executive’s request for the consent is taken to be a request made under section 152.

(4) If, before the changeover day, the chief executive asked the police commissioner to give a report about a person’s criminal history under repealed section 114D and the police commissioner had not given it to the chief executive, the chief executive’s request is taken to be a request under section 154 and, subject to sections 166 and 167, the police commissioner must give the report to the chief executive.

(5) Section 169 applies to a criminal history report even if it was obtained before the changeover day.

(6) If a person gained access to someone’s criminal history under repealed part 9A—

(a) the person is taken to have gained access to the criminal history under chapter 5, part 6; and

(b) if the person does not comply with section 172(2) in relation to the criminal history or a document relevant to the criminal history, the person may be prosecuted for an offence against that subsection.

(7) A directive, that was issued under repealed section 114H and in force immediately before the changeover day, is taken to be a part 6 directive.

(8) This section does not limit another provision of this part.

(9) In this section—

"repealed" , in relation to a provision, means that provision as in force under the repealed Public Service Act before its repeal.