Queensland Numbered Acts

PUBLIC SECTOR ACT 2022 - SECT 349

349 Insertion of new ch 5, pt 5, div 10

Chapter 5 , part 5 —
insert—

Division 10 - Transitional provisions for Public Sector Act 2022

211 Definition for division In this division—

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

212 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.

213 Existing disciplinary action

(1) This section applies if—

(a) before the commencement, the commissioner started to take disciplinary action against a fire service officer or former fire service officer under former chapter 3, part 4, division 3; 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 .

214 Existing disciplinary finding

(1) This section applies if—

(a) before the commencement, the commissioner made a disciplinary finding against a fire service officer or former fire service officer under former chapter 3, part 4, division 3; 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 .

215 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.

216 Existing requirement to disclose previous history of serious disciplinary action

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

(a) the commissioner proposed to employ or second a person; and

(b) the commissioner required the person, under former section 25B or 25C, to disclose to the commissioner particulars of any serious disciplinary action taken against the person; and

(c) the commissioner had not decided whether to employ or second the person.

(2) From the commencement—

(a) former section 25B or 25C, 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 commissioner may use the information disclosed under the requirement in making an assessment about the person’s suitability for the employment or secondment.

217 Disciplinary information obtained before commencement

(1) This section applies if, before the commencement, the commissioner obtained disciplinary information about a person under former chapter 3, part 4, division 3, subdivision 4.

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

218 Existing suspensions

(1) This section applies to a fire service officer who, immediately before the commencement, was subject to a suspension imposed under former section 32.

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

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

220 Existing requirement to attend medical examination

(1) This section applies if, before the commencement, the commissioner formed a suspicion mentioned in former section 28(2) and was required to obtain medical opinion on a fire service officer’s condition.

(2) Former section 28 continues to apply in relation to the commissioner and the fire service officer despite the commencement of the Public Sector Act 2022 .