Queensland Numbered Acts

PUBLIC SECTOR ACT 2022 - SECT 74

74 Prosecuting authority must disclose to chief executive committals, convictions and other information

(1) This section applies if the police commissioner or the director of public prosecutions (a
"prosecuting authority" ) becomes aware that a person—

(a) is a public sector employee in a public sector entity; and

(b) has been charged with a relevant offence.

(2) If the person is committed by a court for trial for a relevant offence, the prosecuting authority must, within 7 days after the committal, give the person’s chief executive a notice including the following information—

(a) the person’s name;

(b) the court;

(c) particulars of the alleged relevant offence;

(d) the date of the committal;

(e) the court to which the person was committed.

(3) If the person is convicted before a court of a relevant offence, the prosecuting authority must, within 7 days after the conviction, give a notice to the person’s chief executive including the following information—

(a) the person’s name;

(b) the court;

(c) particulars of the relevant offence;

(d) the date of the conviction;

(e) the sentence imposed by the court.

(4) If the person is convicted as mentioned in subsection (3) , and the person has appealed against the conviction, and the appeal is finally decided or has otherwise ended, the prosecuting authority must, within 7 days after the decision or the day the appeal otherwise ends, give a notice to the person’s chief executive including the following information—

(a) the person’s name;

(b) particulars of the relevant offence;

(c) the date of the decision or other ending of the appeal;

(d) if the appeal was decided—

(i) the court in which it was decided; and

(ii) particulars of the decision.

(5) If the prosecution for the relevant offence ends without the person being convicted of the offence, the prosecuting authority must, within 7 days after the prosecution process ends, give a notice to the person’s chief executive including the following information—

(a) the person’s name;

(b) if relevant, the court in which the prosecution process ended;

(c) particulars of the relevant offence;

(d) the date the prosecution process ended.

(6) For subsection (5) , the prosecution process ends if—

(a) an indictment was presented against the person but a nolle prosequi is entered on the indictment or the person is acquitted; or

(b) the prosecution process otherwise ends.

(7) In this section—

"disqualifying offence" see the Working with Children (Risk Management and Screening) Act 2000 , section 16 .

"relevant offence" means—

(a) an indictable offence; or

(b) a disqualifying offence that is not an indictable offence.