Queensland Numbered Acts

POLICE SERVICE ADMINISTRATION AND OTHER LEGISLATION AMENDMENT ACT 2023 - SECT 58

58 Insertion of new pt 7, div 6, sdiv 1 and sdiv 2, hdg

Part 7 , division 6 —
insert—

Subdivision 1 - Conduct of disciplinary proceeding if prescribed officer unable to continue

7.42A Application of subdivision

This subdivision applies if—

(a) the commissioner has, under section 7.10, referred a complaint about a subject officer to a prescribed officer (the
"original prescribed officer" ); and

(b) the original prescribed officer has started a disciplinary proceeding against the subject officer but the disciplinary proceeding has not been finally dealt with; and

(c) the original prescribed officer is unable to continue to conduct the disciplinary proceeding because the prescribed officer—

(i) dies; or

(ii) stops being employed as an officer; or

(iii) is stood down or suspended from duty under section 6.1; or

(iv) is demoted, whether permanently or for a stated period; or

(v) has a certificate issued by a medical practitioner stating that the prescribed officer is incapable of continuing to conduct the disciplinary proceeding, whether temporarily or otherwise, because of mental or physical incapacity.

7.42B Appointment of new prescribed officer

(1) The commissioner must, within 28 days after the commissioner becomes aware that the original prescribed officer is unable to continue to conduct the disciplinary proceeding, ask the subject officer to give the commissioner, within 14 days after the request (the
"stated period" ), written consent to appoint another prescribed officer (a
"new prescribed officer" ) to conduct the disciplinary proceeding.

(2) If the subject officer gives written consent within the stated period or a longer period the commissioner allows, the commissioner may appoint a new prescribed officer with the power to impose the same or a lesser disciplinary sanction under this part as the original prescribed officer.

Note—

See section 7.35(2) for the disciplinary sanctions that may be imposed by particular prescribed officers.

(3) The appointment of the new prescribed officer must be made within 28 days after the commissioner receives the subject officer’s consent.

(4) In conducting the disciplinary proceeding, the new prescribed officer may consider only—

(a) any matters stated in an abbreviated process notice or the disciplinary charge stated in the disciplinary proceeding notice given to the subject officer under section 7.18 or 7.25; and

(b) any submissions and materials given to the original prescribed officer or new prescribed officer under section 7.19(2) or 7.26(1).

(5) If the original prescribed officer had proposed imposing a professional development strategy on the subject officer under section 7.18 or 7.28, the new prescribed officer may impose the same or a different professional development strategy but must not impose a disciplinary sanction on the subject officer.

(6) If the original prescribed officer had proposed imposing a disciplinary sanction on the subject officer under section 7.18 or 7.28 (the
"proposed sanction" ), the new prescribed officer must not impose a greater disciplinary sanction on the subject officer than the proposed sanction.

7.42C Ending of proceeding—subject officer does not give consent for new prescribed officer to conduct proceeding

(1) This section applies if the subject officer does not give the commissioner, within the stated period under section 7.42B(1) or the longer period the commissioner allows, written consent to appoint a new prescribed officer to conduct the disciplinary proceeding.

(2) The commissioner must appoint another prescribed officer to start a disciplinary proceeding under division 3 or 4 against the subject officer for the complaint (the
"new proceeding" ).

Note—

See section 7.35(2) for the disciplinary sanctions that may be imposed by particular prescribed officers.

(3) The prescribed officer appointed under subsection (2) must have the power to impose the same or a lesser disciplinary sanction under this part as the original prescribed officer.

(4) Upon the new proceeding starting, the disciplinary proceeding is taken to be withdrawn and is of no effect.

(5) The prescribed officer must conduct the new proceeding without regard to any submissions or material given by the subject officer for the disciplinary proceeding, unless the subject officer consents to the submissions or material being used for the new proceeding.

(6) Despite section 7.12, the new proceeding must start within 28 days after the appointment of the prescribed officer under subsection (2).

Subdivision 2 - Miscellaneous provisions