Queensland Numbered Acts

PUBLIC SECTOR ACT 2022 - SECT 95

95 Disciplinary declaration if employment as public sector employee ends

(1) This section applies if—

(a) a person is employed in a public sector entity (the
"former entity" ); and

(b) a disciplinary ground arises in relation to the person; and

(c) after the disciplinary ground arises the person’s employment as a public sector employee ends for any reason.

(2) However, this section does not apply in relation to a person who is a former public sector employee if the person’s previous chief executive is aware—

(a) the person is a CCC employee; and

(b) the previous chief executive or the chief executive officer of the Crime and Corruption Commission has taken, is taking, or intends to take disciplinary action against the person, under the Crime and Corruption Act 2001 , chapter 6 , part 1 , division 9 , in relation to the disciplinary ground.

(3) The former public sector employee’s previous chief executive may make a disciplinary finding or take or continue to take disciplinary action against the former public sector employee in relation to the disciplinary ground.

(4) The disciplinary finding or disciplinary action must be made or taken within a period of 2 years after the end of the employee’s employment.

(5) However, subsection (4) does not stop disciplinary action being taken following an appeal or review.

(6) Subsection (4) does not affect—

(a) an investigation of a suspected criminal offence; or

(b) an investigation of a matter for the purpose of notifying the Crime and Corruption Commission of suspected corrupt conduct under the Crime and Corruption Act 2001 .

(7) In disciplining the former public sector employee, the former public sector employee’s previous chief executive may make a disciplinary declaration and may not take any other disciplinary action.

(8) The former public sector employee’s previous chief executive may only make a disciplinary declaration if the disciplinary action that would have been taken against the employee if the employee’s employment had not ended would have been—

(a) termination of employment; or

(b) reduction of classification level.

(9) The making of the disciplinary declaration does not affect the way in which the employee’s employment ended, or any benefits, rights or liabilities arising because the employment ended.

(10) In this section—

"disciplinary declaration" means a declaration of—

(a) the disciplinary finding against the former public sector employee; and

(b) the disciplinary action that would have been taken against the former public sector employee if the employee’s employment had not ended.

"previous chief executive" , of a person, means the person’s chief executive before the employment of the person as a public sector employee ends for any reason.