Queensland Numbered Acts

PUBLIC SECTOR ACT 2022 - SECT 335

335 Insertion of new pt 8, div 10

Part 8 —
insert—

Division 10 - Transitional provisions for Public Sector Act 2022

106 Definition for part In this part—

"former" , for a provision of this Act, means the provision as in force immediately before the commencement.

107 Words have meanings given by former provision Words defined under a former provision of this Act immediately before its repeal and used in this division have the same meanings as they had under the former provision.

108 Existing requirement to disclose previous history of serious disciplinary action

(1) This section applies if, before the commencement—

(a) the chief executive proposed to appoint or second a person; and

(b) the chief executive required the person, under former section 13A, to disclose to the chief executive particulars of any serious disciplinary action taken against the person; and

(c) the chief executive had not decided whether to appoint or second the person.

(2) From the commencement—

(a) former section 13A, as in force immediately before the commencement, continues to apply in relation to the requirement despite the repeal of that section by the Public Sector Act 2022 ; and

(b) the chief executive may use the information disclosed under the requirement in making an assessment about the person’s suitability for the appointment or secondment.

109 Existing disciplinary action

(1) This section applies if—

(a) before the commencement, the chief executive started to take disciplinary action against a service officer or former service officer under former part 2, division 4; and

(b) immediately before the commencement, the disciplinary action had not been completed.

(2) From the commencement, the disciplinary action continues under the Public Sector Act 2022 .

110 Existing disciplinary finding

(1) This section applies if—

(a) before the commencement, the chief executive made a disciplinary finding against a service officer or former service officer under former part 2, division 4; and

(b) immediately before the commencement, any disciplinary action in relation to the disciplinary finding had not been completed.

(2) From the commencement, the disciplinary finding is taken to be a disciplinary finding under the Public Sector Act 2022 .

111 Disciplinary ground arising before commencement The Public Sector Act 2022 , chapter 3, part 8, division 3 applies in relation to a disciplinary ground whether the disciplinary ground arises before or after the commencement.

112 Disciplinary information obtained before commencement

(1) This section applies if, before the commencement, the chief executive obtained disciplinary information about a person under former part 2, division 4.

(2) From the commencement, the disciplinary information is taken to be information obtained under the Public Sector Act 2022 , section 97.

113 Existing suspensions

(1) This section applies to a service officer who, immediately before the commencement, was subject to a suspension imposed under former part 2, division 4.

(2) From the commencement, the suspension continues under the Public Sector Act 2022 on the same terms that applied to the service officer immediately before the commencement.

114 Reason for suspension arising before commencement A suspension may be imposed on a service officer under the Public Sector Act 2022 after the commencement whether the reason for the suspension arises before or after the commencement.