Queensland Numbered Acts

POLICE SERVICE ADMINISTRATION AND OTHER LEGISLATION AMENDMENT ACT 2023 - SECT 39

39 Insertion of new pt 8, div 2

Part 8 —
insert—

Division 2 - Summary dismissal if sentenced to imprisonment

Subdivision 1 - Preliminary

8.4 Application of division

This division applies to a person who—

(a) is a police officer or police recruit; and

(b) is sentenced by an Australian court to a period of imprisonment for an offence.

8.5 References to sentence of imprisonment A reference in this division to a sentence of imprisonment includes a reference to a suspended sentence of imprisonment.

Subdivision 2 - Summary dismissal on sentencing

8.6 Dismissal

(1) On being sentenced for the offence, the person is dismissed from the service.

(2) Subsection (1) applies despite any other provision of this Act or another Act.

Subdivision 3 - Appeal after summary dismissal

8.7 Application of subdivision

This subdivision applies if, on appeal, the conviction for the offence is overturned or the sentence is changed to a sentence other than a sentence of imprisonment.

8.8 Reappointment

(1) If the commissioner had appointed the person, the commissioner must within 5 business days after the appeal is decided reappoint the person to, and employ the person in, the same position or a similar position at the same classification level or rank the person held before the person was dismissed.

(2) If the Governor in Council had appointed the person, the Governor in Council must reappoint the person to the same position at the same classification level or rank the person held before the person was dismissed.

(3) If the commissioner reappoints the person under subsection (1), the position must be in the same location as the person was employed before the person was dismissed, unless the person consents to employment in a position in a different location in Queensland.

(4) The person is taken never to have been dismissed under section 8.6.

8.9 Standing down or suspension after reappointment

(1) Upon the person being reappointed, the person is subject to any standing down or suspension from duty under section 6.1, including any conditions of the standing down or suspension, that was in effect immediately before the person was dismissed.

(2) If the person was stood down or suspended from duty under section 6.1 before the person was dismissed, the commissioner must, within 14 days after the person is reappointed, decide whether to revoke the standing down or suspension or again stand down or suspend the person from duty under section 6.1.

(3) If the commissioner does not act under subsection (2), the standing down or suspension is revoked at the end of the 14 days after the person is reappointed.

8.10 Salary entitlement, continuous service and service history

(1) The period from dismissal to reappointment of the person is taken to be a period of suspension from duty without an entitlement to be paid salary during the suspension for calculating the person’s entitlement to salary and allowances under section 6.3(2)(b) for the period.

(2) Subsection (1) applies regardless of whether the person resumes duty as an officer after reappointment.

(3) To remove any doubt, it is declared that section 8.8(4) applies—

(a) for calculating continuous service of the person; and

(b) for the person’s service history.

Subdivision 4 - Operation of division

8.11 Interaction between division and pt 7

To remove any doubt, it is declared that—

(a) any action taken under this division is not part of a disciplinary process under part 7; and

(b) nothing in this division limits the operation of part 7.