Queensland Consolidated Acts

PUBLIC SERVICE ACT 2008 - SECT 261

261 Particular appeals and appeal rights continue

(1) Subsection (2) applies if, at the commencement, a person has appealed to a Magistrates Court under section 161 of the unamended Act and the appeal has not been decided.

(2) The Magistrates Court must hear, or continue to hear, and decide the appeal under section 161 of the unamended Act.

(3) Subsection (4) applies if, at the commencement, a person could have but has not appealed to a Magistrates Court under section 161 of the unamended Act.

(4) The person may appeal to a Magistrates Court under section 161 of the unamended Act within the period stated in section 161(3) of the unamended Act, and the court must hear and decide the appeal under section 161 of the unamended Act.

(5) For subsections (2) and (4), subject to subsection (6), section 161 of the unamended Act continues to apply in relation to the appeal as if the amending Act had not been enacted.

(6) If, on appeal, a Magistrates Court sets aside the police commissioner’s decision that information given to the chief executive about a person is investigative information, the chief executive must—

(a) if the person is to be engaged or continue to be engaged to perform relevant duties—assess the person’s suitability to be engaged or to continue to be engaged to perform relevant duties under chapter 5, part 6, division 2; or

(b) if the person is to be engaged or continue to be engaged to perform child-related duties—apply for a prescribed notice or exemption notice about the person under the CCYPCG Act as provided in chapter 5, part 6, division 3; or

(c) if the person is to be engaged in regulated employment—apply for a prescribed notice or exemption notice under the CCYPCG Act .

Note—

A person about whom an application for a prescribed notice or exemption notice is made under the CCYPCG Act may withdraw the person’s consent to employment screening under that Act. See section 204 (for applications for a prescribed notice) or 263 (for applications for an exemption notice).

(7) In this section—

"CCYPCG Act" see section 150.

"child-related duties" see section 156.

"relevant duties" see section 151.