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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Criminal Code and Other
Legislation (Misconduct,
Breaches of Discipline and
Public Sector Ethics)
Amendment Bill 2009
Queensland
Criminal Code and Other Legislation
(Misconduct, Breaches of Discipline and
Public Sector Ethics) Amendment Bill
2009
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Part 2 Amendment of Criminal Code
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
4 Insertion of new s 92A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
92A Misconduct in relation to public office. . . . . . . . . . . . . 12
Part 3 Amendment of Public Service Act 2008
5 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
6 Amendment of s 12 (Application of Act to various types of
employees etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
7 Amendment of s 47 (Types of ruling) . . . . . . . . . . . . . . . . . . . . . . 14
8 Amendment of s 53 (Rulings by commission chief executive) . . . 14
9 Amendment of s 65 (Disclosure of interests) . . . . . . . . . . . . . . . . 14
10 Amendment of s 101 (Declaration of interests) . . . . . . . . . . . . . . 15
11 Amendment of s 102 (Conflicts of interest) . . . . . . . . . . . . . . . . . 15
12 Insertion of new s 179A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
179A Requirement to disclose previous history of serious
disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
13 Amendment of s 185 (Declaration of interests) . . . . . . . . . . . . . . 16
14 Amendment of s 186 (Conflicts of interest) . . . . . . . . . . . . . . . . . 16
15 Amendment of ch 6, hdg (Disciplinary action for public service
officers) ..................................... 17
16 Insertion of new ch 6, pt 1 and new pt 2 hdg . . . . . . . . . . . . . . . . 17
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Contents
Part 1 Preliminary
186A Definitions for ch 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
17 Amendment of s 187 (Grounds for discipline) . . . . . . . . . . . . . . . 18
18 Insertion of new s 187A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
187A How disciplinary action may be taken against a
public service officer after the officer changes
employment ......................... 19
19 Amendment of s 188 (Disciplinary action that may be taken) . . . 20
20 Insertion of new ss 188A188B . . . . . . . . . . . . . . . . . . . . . . . . . . 20
188A Disciplinary action that may be taken against a
former public service officer . . . . . . . . . . . . . . . . . . . . 20
188B Information about disciplinary action to be given by
chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
21 Amendment of s 190 (Procedure for disciplinary action) . . . . . . . 23
22 Amendment of s 194 (Decisions against which appeals may be
made) ...................................... 23
23 Amendment of s 196 (Who may appeal) . . . . . . . . . . . . . . . . . . . 23
24 Amendment of s 207 (Lapse of appeal) . . . . . . . . . . . . . . . . . . . . 23
25 Amendment of s 211 (Attendance at an appeal is part of an
employee's duties) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
26 Amendment of s 212 (Public service employee's entitlements for
attending appeal as part of duties) . . . . . . . . . . . . . . . . . . . . . . . . 24
27 Amendment of s 213 (Entitlement of non-public service
employees) .................................... 24
28 Amendment of ch 9, pt 2, hdg (Transitional provisions) . . . . . . . . 24
29 Insertion of new ch 9, pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Part 3 Transitional provisions for the Criminal Code
and Other Legislation (Misconduct, Breaches
of Discipline and Public Sector Ethics)
Amendment Act 2009
252 Definition for pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
253 Disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
254 Former public service officer . . . . . . . . . . . . . . . . . . . 25
30 Amendment of sch 2 (Statutory office holders who are not term
appointees). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
31 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 26
32 Amendment relating to the operation of QCAT. . . . . . . . . . . . . . . 27
Part 4 Amendment of Police Service Administration Act 1990
33 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
34 Amendment of s 1.4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . 28
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Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
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Contents
35 Amendment of s 5AA.8 (Requirements for disclosure) . . . . . . . . 29
36 Insertion of new s 5AA.10A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
5AA.10A Information about disciplinary action to be given by
chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
37 Amendment of s 5AA.11 (Assessment of suitability) . . . . . . . . . . 30
38 Amendment of s 5AA.14 (Secrecy) . . . . . . . . . . . . . . . . . . . . . . . 30
39 Insertion of new pt 7A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Part 7A Disciplinary declarations against former
officers
7A.1 Power to conduct disciplinary investigation against a
former officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
7A.2 Disciplinary action that may be taken against a
former officer ......................... 32
7A.3 Procedure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
7A.4 Commissioner to notify former officer of decision . . . 33
7A.5 Notice of misconduct finding to Crime and
Misconduct Commission . . . . . . . . . . . . . . . . . . . . . . 34
40 Amendment of s 9.3 (Application for review) . . . . . . . . . . . . . . . . 34
41 Insertion of new pt 10, div 1, sdiv 2A . . . . . . . . . . . . . . . . . . . . . . 34
Subdivision 2A Disclosure provisions about disciplinary
information
10.2CA Information about disciplinary action to be given by
commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
42 Insertion of new pt 11, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Division 4 Transitional and declaratory provisions for the
Criminal Code and Other Legislation
(Misconduct, Breaches of Discipline and
Public Sector Ethics) Amendment Act 2009
11.7 Amendment of regulations by Governor in Council
unaffected. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
11.8 Former officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
43 Amendment of schedule (Relevant information) . . . . . . . . . . . . . 36
44 Amendment relating to the operation of QCAT. . . . . . . . . . . . . . . 37
Part 5 Amendment of Police Service (Discipline) Regulations 1990
45 Regulations amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
46 Amendment of s 9 (Grounds for disciplinary action) . . . . . . . . . . 38
47 Insertion of new s 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
13 Matters for disciplinary investigation of a former
officer ................................ 39
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Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
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Contents
Part 6 Amendment of Police Service Administration (Review of
Decisions) Regulation 1990
48 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
49 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 39
50 Amendment of s 6A (Application for review). . . . . . . . . . . . . . . . . 40
51 Amendment of s 11 (Withdrawal of application for review). . . . . . 40
Part 7 Amendment of Crime and Misconduct Act 2001
Division 1 Act amended
52 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Division 2 Amendments having effect before the operation of QCAT
53 Amendment of s 50 (Commission may prosecute official
misconduct) ................................... 41
54 Insertion of new ch 8, pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Part 8 Criminal Code and Other Legislation
(Misconduct, Breaches of Discipline and
Public Sector Ethics) Amendment Act 2009
392 Transitional provision for prescribed person . . . . . . . . 43
55 Potential repeal before commencement . . . . . . . . . . . . . . . . . . . . 43
Division 3 Amendments relating to the operation of QCAT
56 Amendment of s 50 (Commission may prosecute official
misconduct) ................................... 43
57 Amendment of s 219B (Definitions for pt 2) . . . . . . . . . . . . . . . . . 45
58 Insertion of new s 219BA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
219BA Meaning of reviewable decision . . . . . . . . . . . . . . . . . 45
59 Insertion of new s 219DA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
219DA QCAT hearing in relation to prescribed person whose
employment or appointment has ended . . . . . . . . . . . 46
60 Amendment of s 219G (Proceedings relating to reviewable
decisions) ................................... 47
61 Amendment of s 219I (Powers for official misconduct). . . . . . . . . 47
62 Insertion of new s 219IA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
219IA QCAT powers for prescribed persons whose
employment or appointment ends . . . . . . . . . . . . . . . 47
63 Amendment of s 219J (Additional power for reviewable
decisions) ..................................... 48
64 Amendment of s 219L (QCAT's power to suspend orders) . . . . . 49
65 Amendment of s 219M (Appeal from QCAT exercising original
jurisdiction) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
66 Insertion of new ch 8, pt 8 and potential repeal . . . . . . . . . . . . . . 50
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Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
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Contents
Part 8 Criminal Code and Other Legislation
(Misconduct, Breaches of Discipline and
Public Sector Ethics) Amendment Act 2009
392 Transitional provision for prescribed person and
potential repeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Part 8 Amendment of Misconduct Tribunals Act 1997
67 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
68 Insertion of new s 14A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
14A Tribunal hearing in relation to a prescribed person
whose employment or appointment has ended . . . . . 51
69 Amendment of s 15 (What is a reviewable decision) . . . . . . . . . . 52
70 Amendment of s 18 (Proceedings--appellate jurisdiction). . . . . . 53
71 Amendment of s 25 (Misconduct tribunal decisions--original
jurisdiction) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
72 Insertion of new s 25A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
25A Misconduct tribunal decisions for prescribed persons
whose employment or appointment has ended . . . . . 53
73 Amendment of s 26 (Misconduct tribunal decisions--appellate
jurisdiction) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
74 Amendment of s 28 (Misconduct tribunal's power to suspend
punishment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
75 Amendment of s 37 (Appeal from misconduct tribunal in original
jurisdiction) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
76 Insertion of new pt 7, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Division 3 Provisions for the Criminal Code and Other
Legislation (Misconduct, Breaches of
Discipline and Public Sector Ethics)
Amendment Act 2009
49 Original jurisdiction unaffected . . . . . . . . . . . . . . . . . . 57
77 Potential repeal before commencement . . . . . . . . . . . . . . . . . . . . 58
Part 9 Amendment of Public Sector Ethics Act 1994
78 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
79 Amendment of s 27 (Who are designated persons). . . . . . . . . . . 58
80 Amendment of s 34 (Authorisation of particular
disclosures--conflict of interest issue) . . . . . . . . . . . . . . . . . . . . . 58
81 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 59
Part 10 Amendments of Acts in schedule
82 Acts amended in schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Schedule Consequential amendments of other Acts . . . . . . . . . . . . . . . 60
Aboriginal Land Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
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Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
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Contents
Agent-General for Queensland Act 1975 . . . . . . . . . . . . . . . . . . . 60
Agricultural College Act 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
Ambulance Service Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Anti-Discrimination Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Architects Act 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Body Corporate and Community Management Act 1997. . . . . . . 62
Building and Construction Industry (Portable Long Service
Leave) Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
Building Units and Group Titles Act 1980. . . . . . . . . . . . . . . . . . . 62
Business Names Act 1962 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
Chemical Usage (Agricultural and Veterinary) Control Act 1988 . 63
Child Protection Act 1999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Child Protection (Offender Prohibition Order) Act 2008 . . . . . . . . 63
Child Protection (Offender Reporting) Act 2004. . . . . . . . . . . . . . 64
Children Services Tribunal Act 2000 . . . . . . . . . . . . . . . . . . . . . . 64
Classification of Computer Games and Images Act 1995 . . . . . . 64
Coal Mining Safety and Health Act 1999 . . . . . . . . . . . . . . . . . . . 65
Collections Act 1966. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Commercial and Consumer Tribunal Act 2003 . . . . . . . . . . . . . . . 65
Commission for Children and Young People and Child Guardian
Act 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Cooperatives Act 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Coroners Act 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Corrective Services Act 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Crime and Misconduct Act 2001 . . . . . . . . . . . . . . . . . . . . . . . . . 67
Director of Public Prosecutions Act 1984 . . . . . . . . . . . . . . . . . . . 67
Disability Services Act 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Disaster Management Act 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Dispute Resolution Centres Act 1990 . . . . . . . . . . . . . . . . . . . . . 68
Education (Queensland College of Teachers) Act 2005. . . . . . . . 68
Education (Queensland Studies Authority) Act 2002 . . . . . . . . . . 68
Electoral Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
Electrical Safety Act 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
Energy Ombudsman Act 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
Fair Trading Act 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
Family Responsibilities Commission Act 2008 . . . . . . . . . . . . . . . 70
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Fire and Rescue Service Act 1990. . . . . . . . . . . . . . . . . . . . . . . . 70
Food Production (Safety) Act 2000 . . . . . . . . . . . . . . . . . . . . . . . 70
Forestry Act 1959 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Forestry Plantations Queensland Act 2006 . . . . . . . . . . . . . . . . . 71
Freedom of Information Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . 72
Gene Technology Act 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Guardianship and Administration Act 2000 . . . . . . . . . . . . . . . . . 72
Health Practitioner Registration Boards (Administration) Act
1999 ........................................ 73
Health Quality and Complaints Commission Act 2006. . . . . . . . . 73
Health Services Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
Hire-purchase Act 1959 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
Judicial Review Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
Justices of the Peace and Commissioners for Declarations Act
1991 ....................................... 75
Juvenile Justice Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
Land and Resources Tribunal Act 1999 . . . . . . . . . . . . . . . . . . . . 75
Land Court Act 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
Land Tax Act 1915 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
Land Title Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
Law Reform Commission Act 1968 . . . . . . . . . . . . . . . . . . . . . . . 76
Legal Aid Queensland Act 1997. . . . . . . . . . . . . . . . . . . . . . . . . . 76
Legislative Standards Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . 77
Libraries Act 1988 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
Local Government Act 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
Local Government (Community Government Areas) Act 2004 . . 78
Magistrates Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
Maintenance Act 1965 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
Major Sports Facilities Act 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . 78
Marine Parks Act 2004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
Maritime Safety Queensland Act 2002 . . . . . . . . . . . . . . . . . . . . . 79
Medical Board (Administration) Act 2006 . . . . . . . . . . . . . . . . . . . 79
Mental Health Act 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
Mineral Resources Act 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
Mining and Quarrying Safety and Health Act 1999 . . . . . . . . . . . 80
Misconduct Tribunals Act 1997. . . . . . . . . . . . . . . . . . . . . . . . . . . 80
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Motor Accident Insurance Act 1994 . . . . . . . . . . . . . . . . . . . . . . . 81
Nursing Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
Parliamentary Service Act 1988 . . . . . . . . . . . . . . . . . . . . . . . . . . 81
Plant Protection Act 1989. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
Police Powers and Responsibilities Act 2000 . . . . . . . . . . . . . . . . 82
Police Service Administration Act 1990 . . . . . . . . . . . . . . . . . . . . 82
Professional Engineers Act 2002 . . . . . . . . . . . . . . . . . . . . . . . . . 83
Prostitution Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
Public Health Act 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
Public Records Act 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
Public Sector Ethics Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
Public Trustee Act 1978 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
Queensland Art Gallery Act 1987. . . . . . . . . . . . . . . . . . . . . . . . . 85
Queensland Building Services Authority Act 1991 . . . . . . . . . . . . 86
Queensland Competition Authority Act 1997 . . . . . . . . . . . . . . . . 86
Queensland Heritage Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . 86
Queensland Museum Act 1970 . . . . . . . . . . . . . . . . . . . . . . . . . . 87
Queensland Performing Arts Trust Act 1977 . . . . . . . . . . . . . . . . 87
Queensland Theatre Company Act 1970 . . . . . . . . . . . . . . . . . . . 87
Queensland Treasury Corporation Act 1988 . . . . . . . . . . . . . . . . 88
Security Providers Act 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
Small Claims Tribunals Act 1973 . . . . . . . . . . . . . . . . . . . . . . . . . 88
Solicitor-General Act 1985 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
South Bank Corporation Act 1989 . . . . . . . . . . . . . . . . . . . . . . . . 89
South East Queensland Water (Restructuring) Act 2007 . . . . . . . 89
State Buildings Protective Security Act 1983 . . . . . . . . . . . . . . . . 90
State Penalties Enforcement Act 1999 . . . . . . . . . . . . . . . . . . . . . 90
Stock Act 1915 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
Superannuation (State Public Sector) Act 1990 . . . . . . . . . . . . . . 90
Supreme Court of Queensland Act 1991 . . . . . . . . . . . . . . . . . . . 91
Survey and Mapping Infrastructure Act 2003 . . . . . . . . . . . . . . . . 91
Taxation Administration Act 2001 . . . . . . . . . . . . . . . . . . . . . . . . . 91
Terrorism (Preventative Detention) Act 2005 . . . . . . . . . . . . . . . . 91
Torres Strait Islander Land Act 1991 . . . . . . . . . . . . . . . . . . . . . . 92
Tourism Queensland Act 1979 . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
Trade Measurement Administration Act 1990. . . . . . . . . . . . . . . . 92
Page 8
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Contents
Transport Operations (Marine Safety) Act 1994 . . . . . . . . . . . . . . 93
Transport Operations (TransLink Transit Authority) Act 2008 . . . . 93
Transport Planning and Coordination Act 1994 . . . . . . . . . . . . . . 93
Trust Accounts Act 1973. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
Urban Land Development Authority Act 2007 . . . . . . . . . . . . . . . 94
Valuers Registration Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
Veterinary Surgeons Act 1936 . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
Vocational Education, Training and Employment Act 2000 . . . . . 95
Water Act 2000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
Wet Tropics World Heritage Protection and Management Act
1993 ....................................... 96
Workers' Accommodation Act 1952 . . . . . . . . . . . . . . . . . . . . . . . 96
Page 9
2009
A Bill
for
An Act to amend the Criminal Code, the Public Service Act
2008, the Police Service Administration Act 1990 and
regulations under that Act, the Crime and Misconduct Act 2001,
the Misconduct Tribunals Act 1997 and the Public Sector Ethics
Act 1994 for particular purposes and to amend other Acts
mentioned in the schedule to update references to the Public
Service Act 2008
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Criminal Code and Other 4
Legislation (Misconduct, Breaches of Discipline and Public 5
Sector Ethics) Amendment Act 2009. 6
Clause 2 Commencement 7
Subject to sections 55(2) and 77(2), this Act commences on a 8
day to be fixed by proclamation. 9
Part 2 Amendment of Criminal Code 10
Clause 3 Act amended 11
This part amends the Criminal Code. 12
Clause 4 Insertion of new s 92A 13
After section 92-- 14
insert-- 15
`92A Misconduct in relation to public office 16
`(1) A public officer who, with intent to dishonestly gain a benefit 17
for the officer or another person or to dishonestly cause a 18
detriment to another person-- 19
(a) deals with information gained because of office; or 20
(b) performs or fails to perform a function of office; or 21
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Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Part 2 Amendment of Criminal Code
[s 4]
(c) without limiting paragraphs (a) and (b), does an act or 1
makes an omission in abuse of the authority of office; 2
is guilty of a crime. 3
Maximum penalty--7 years imprisonment. 4
`(2) A person who ceases to be a public officer in a particular 5
capacity is guilty of a crime if, with intent to dishonestly gain 6
a benefit for the person or another person or to dishonestly 7
cause a detriment to another person, the person deals with 8
information gained because of the capacity. 9
Maximum penalty--7 years imprisonment. 10
`(3) Subsection (2) applies whether or not the person continues to 11
be a public officer in some other capacity. 12
`(4) A reference in subsections (1) and (2) to information gained 13
because of office or a particular capacity includes information 14
gained because of an opportunity provided by the office or 15
capacity. 16
`(5) In this section-- 17
authority, of office, includes the trust imposed by office and 18
the influence relating to office. 19
deals with includes the following-- 20
(a) uses; 21
(b) supplies; 22
(c) copies; 23
(d) publishes. 24
function includes power. 25
information includes knowledge. 26
office, in relation to a person who is a public officer, means 27
the position, role or circumstance that makes the person a 28
public officer. 29
performs includes purportedly performs and in relation to a 30
power, exercises and purportedly exercises.'. 31
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Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Part 3 Amendment of Public Service Act 2008
[s 5]
Part 3 Amendment of Public Service 1
Act 2008 2
Clause 5 Act amended 3
This part amends the Public Service Act 2008. 4
Clause 6 Amendment of s 12 (Application of Act to various types 5
of employees etc.) 6
Section 12-- 7
insert-- 8
`(4) Also, chapters 6 and 7 have provisions relating to the 9
discipline of former public service officers.'. 10
Clause 7 Amendment of s 47 (Types of ruling) 11
Section 47(1), after `become,'-- 12
insert-- 13
`or were,'. 14
Clause 8 Amendment of s 53 (Rulings by commission chief 15
executive) 16
Section 53-- 17
insert-- 18
`(ba) a matter relating to the application of chapter 6 or 7 to a 19
former public service officer; or'. 20
Clause 9 Amendment of s 65 (Disclosure of interests) 21
(1) Section 65(1)(a), `a direct or indirect'-- 22
omit, insert-- 23
`an'. 24
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Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Part 3 Amendment of Public Service Act 2008
[s 10]
(2) Section 65-- 1
insert-- 2
`(4) A reference to an interest or to a conflict of interest is a 3
reference to those matters within their ordinary meaning 4
under the general law, and, in relation to an interest, the 5
definition in the Acts Interpretation Act 1954, section 36, does 6
not apply.'. 7
Clause 10 Amendment of s 101 (Declaration of interests) 8
Section 101-- 9
insert-- 10
`(7) For the interpretation of a reference to an interest, see section 11
65(4).'. 12
Clause 11 Amendment of s 102 (Conflicts of interest) 13
Section 102-- 14
insert-- 15
`(3) For the interpretation of a reference to an interest or a conflict 16
of interest, see section 65(4).'. 17
Clause 12 Insertion of new s 179A 18
Chapter 5, part 8, before section 180-- 19
insert-- 20
`179A Requirement to disclose previous history of serious 21
disciplinary action 22
`(1) If a chief executive of a department proposes to appoint or 23
second a person to the department, the chief executive, under 24
a directive, may require the person to disclose to the chief 25
executive particulars of any serious disciplinary action taken 26
against the person. 27
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Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Part 3 Amendment of Public Service Act 2008
[s 13]
`(2) The person must comply with the requirement before the 1
appointment or secondment takes effect and within the time 2
and in the way stated by the chief executive. 3
`(3) The chief executive is not required to further consider the 4
person for appointment or secondment if the person-- 5
(a) fails to comply with the requirement; or 6
(b) gives false or misleading information in response to the 7
requirement. 8
`(4) In this section-- 9
serious disciplinary action means-- 10
(a) disciplinary action under a public sector disciplinary law 11
involving-- 12
(i) termination of employment; or 13
(ii) reduction of classification level or rank; or 14
(iii) transfer or redeployment to other employment; or 15
(iv) reduction of remuneration level; or 16
(b) a disciplinary declaration under a public sector 17
disciplinary law that states a disciplinary action 18
mentioned in paragraph (a)(i) or (ii) as the disciplinary 19
action that would have been taken against the person if 20
the person's employment had not ended.'. 21
Clause 13 Amendment of s 185 (Declaration of interests) 22
Section 185-- 23
insert-- 24
`(7) For the interpretation of a reference to an interest, see section 25
65(4).'. 26
Clause 14 Amendment of s 186 (Conflicts of interest) 27
Section 186-- 28
insert-- 29
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Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Part 3 Amendment of Public Service Act 2008
[s 15]
`(3) For the interpretation of a reference to an interest or a conflict 1
of interest, see section 65(4).'. 2
Clause 15 Amendment of ch 6, hdg (Disciplinary action for public 3
service officers) 4
Chapter 6, heading, after `officers'-- 5
insert-- 6
`and former public service officers'. 7
Clause 16 Insertion of new ch 6, pt 1 and new pt 2 hdg 8
Chapter 6, before section 187-- 9
insert-- 10
`Part 1 Preliminary 11
`186A Definitions for ch 6 12
`In this chapter-- 13
changes employment includes changes employment by 14
promotion, transfer, redeployment or secondment. 15
employing chief executive, for a public service officer, means 16
the chief executive of the department in which the officer 17
holds an appointment after the officer changes employment 18
from one department to another department. 19
former public service officer means a public service officer 20
whose employment ends for any reason after a disciplinary 21
ground arises. 22
previous chief executive, for a public service officer, means 23
the chief executive of the department in which the public 24
service officer holds an appointment before-- 25
(a) the officer changes employment from the department to 26
another department; or 27
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Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Part 3 Amendment of Public Service Act 2008
[s 17]
(b) the employment of the officer as a public service officer 1
ends for any reason. 2
`Part 2 Disciplinary action'. 3
Clause 17 Amendment of s 187 (Grounds for discipline) 4
(1) Section 187(1)-- 5
insert-- 6
`(ea) contravened, without reasonable excuse, a requirement 7
of the chief executive under section 179A(1) in relation 8
to the officer's appointment or secondment by, in 9
response to the requirement-- 10
(i) failing to disclose a serious disciplinary action; or 11
(ii) giving false or misleading information; or'. 12
(2) Section 187-- 13
insert-- 14
`(1A) A disciplinary ground arises when the act or omission 15
constituting the ground is done or made. 16
`(1B) Also, a chief executive may discipline, on the same grounds 17
mentioned in subsection (1)-- 18
(a) a public service officer under section 187A; or 19
(b) a former public service officer under section 188A.'. 20
(3) Section 187(1A) to (2)-- 21
renumber as section 187(2) to (4). 22
Clause 18 Insertion of new s 187A 23
After section 187-- 24
insert-- 25
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Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Part 3 Amendment of Public Service Act 2008
[s 18]
`187A How disciplinary action may be taken against a 1
public service officer after the officer changes 2
employment 3
`(1) This section applies if-- 4
(a) a public service officer holds an appointment with a 5
department and a disciplinary ground arises in relation 6
to the officer; and 7
(b) after the disciplinary ground arises the officer changes 8
employment from the department to another 9
department. 10
`(2) The previous chief executive may make a disciplinary finding 11
about the disciplinary ground even though the officer holds an 12
appointment with the other department. 13
`(3) The previous chief executive may not take disciplinary action 14
about the disciplinary ground other than to the extent provided 15
under subsection (4). 16
`(4) If-- 17
(a) the previous chief executive makes a disciplinary 18
finding about the disciplinary ground; and 19
(b) the previous chief executive and the employing chief 20
executive agree that disciplinary action against the 21
officer is reasonable in the circumstances; 22
the employing chief executive may take disciplinary action 23
against the officer under section 188. 24
`(5) Despite subsection (2) and without limiting or being limited 25
by any other power of delegation under any Act, the previous 26
chief executive may delegate to the employing chief executive 27
the authority under subsection (2) to make a disciplinary 28
finding about the officer. 29
`(6) If-- 30
(a) the previous chief executive delegates to the employing 31
chief executive the authority under subsection (2) to 32
make a disciplinary finding about the officer; and 33
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Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Part 3 Amendment of Public Service Act 2008
[s 19]
(b) the employing chief executive makes a disciplinary 1
finding about the officer; 2
the employing chief executive may take disciplinary action 3
against the officer under section 188 without the agreement of 4
the previous chief executive. 5
`(7) The previous chief executive may give to the employing chief 6
executive any information about a public service officer or a 7
disciplinary ground relating to the officer to help the 8
employing chief executive to perform a function under 9
subsection (4) or (5) in relation to the officer.'. 10
Clause 19 Amendment of s 188 (Disciplinary action that may be 11
taken) 12
(1) Section 188, heading, after `taken'-- 13
insert-- 14
`against a public service officer'. 15
(2) Section 188-- 16
insert-- 17
`(1A) If the disciplinary action is taken following an agreement 18
under section 187A(4) between the previous chief executive 19
and the employing chief executive mentioned in the section, 20
the chief executives must agree on the disciplinary action.'. 21
Clause 20 Insertion of new ss 188A188B 22
After section 188-- 23
insert-- 24
`188A Disciplinary action that may be taken against a 25
former public service officer 26
`(1) This section applies if-- 27
(a) a disciplinary ground arises in relation to a public 28
service officer; and 29
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Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Part 3 Amendment of Public Service Act 2008
[s 20]
(b) after the disciplinary ground arises the officer's 1
employment as a public service officer ends for any 2
reason. 3
`(2) The previous chief executive may make a disciplinary finding 4
or take or continue to take disciplinary action against the 5
former public service officer in relation to the disciplinary 6
ground. 7
`(3) The disciplinary finding or disciplinary action must be made 8
or taken within a period of 2 years after the end of the officer's 9
employment. 10
`(4) However, subsection (3) does not stop disciplinary action 11
being taken following an appeal or review. 12
`(5) Subsection (3) does not affect-- 13
(a) an investigation of a suspected criminal offence; or 14
(b) an investigation of a matter for the purpose of notifying 15
the Crime and Misconduct Commission of suspected 16
official misconduct under the Crime and Misconduct 17
Act 2001. 18
`(6) In disciplining the former public service officer, the previous 19
chief executive may make a disciplinary declaration and may 20
not take any other disciplinary action. 21
`(7) The previous chief executive may only make a disciplinary 22
declaration if the disciplinary action that would have been 23
taken against the officer if the officer's employment had not 24
ended would have been-- 25
(a) termination of employment; or 26
(b) reduction of classification level. 27
`(8) The making of the disciplinary declaration does not affect the 28
way in which the officer's employment ended, or any benefits, 29
rights or liabilities arising because the employment ended. 30
`(9) In this section-- 31
disciplinary declaration means a declaration of-- 32
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Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Part 3 Amendment of Public Service Act 2008
[s 20]
(a) the disciplinary finding against the former public service 1
officer; and 2
(b) the disciplinary action that would have been taken 3
against the officer if the officer's employment had not 4
ended. 5
`188B Information about disciplinary action to be given by 6
chief executive 7
`(1) This section applies if-- 8
(a) the chief executive of a department asks the chief 9
executive of another department (the other chief 10
executive) for disciplinary information that the other 11
chief executive has about a person who is or was a 12
public service employee; and 13
(b) the information is reasonably necessary for the chief 14
executive to make a decision about-- 15
(i) an appointment or continued appointment of the 16
person to the chief executive's department; or 17
(ii) a disciplinary finding, disciplinary action or 18
disciplinary declaration the chief executive is 19
considering in relation to the person. 20
`(2) The other chief executive must give the disciplinary 21
information to the chief executive unless the other chief 22
executive is reasonably satisfied that giving the information 23
may prejudice the investigation of a suspected contravention 24
of the law in a particular case. 25
`(3) In this section-- 26
disciplinary information, in relation to a request made of a 27
chief executive about a person, means information about the 28
following made or taken against the person under a public 29
sector disciplinary law by the chief executive or another 30
entity-- 31
(a) a current investigation into whether the person should be 32
disciplined; 33
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Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
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Part 3 Amendment of Public Service Act 2008
[s 21]
(b) a finding that the person should be disciplined; 1
(c) possible disciplinary action under consideration; 2
(d) disciplinary action, including a disciplinary 3
declaration.'. 4
Clause 21 Amendment of s 190 (Procedure for disciplinary action) 5
Section 190(1), after `disciplining'-- 6
insert-- 7
`a public service officer or former public service officer'. 8
Clause 22 Amendment of s 194 (Decisions against which appeals 9
may be made) 10
Section 194(1)(b), after `to'-- 11
omit, insert-- 12
`discipline-- 13
(i) a person (other than by termination of 14
employment), including the action taken in 15
disciplining the person; or 16
(ii) a former public service officer by way of a 17
disciplinary declaration made under section 188A, 18
including if the disciplinary action that would have 19
been taken was termination of employment;'. 20
Clause 23 Amendment of s 196 (Who may appeal) 21
Section 196(b), after `a public service officer'-- 22
insert-- 23
`or former public service officer'. 24
Clause 24 Amendment of s 207 (Lapse of appeal) 25
Section 207-- 26
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Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Part 3 Amendment of Public Service Act 2008
[s 25]
insert-- 1
`Note-- 2
This section has no relevance to an appeal against a disciplinary 3
declaration.'. 4
Clause 25 Amendment of s 211 (Attendance at an appeal is part of 5
an employee's duties) 6
Section 211-- 7
insert-- 8
`Note-- 9
This section has no relevance to an appeal against a disciplinary 10
declaration.'. 11
Clause 26 Amendment of s 212 (Public service employee's 12
entitlements for attending appeal as part of duties) 13
Section 212, at the end-- 14
insert-- 15
`Note-- 16
This section has no relevance to an appeal against a disciplinary 17
declaration.'. 18
Clause 27 Amendment of s 213 (Entitlement of non-public service 19
employees) 20
Section 213-- 21
insert-- 22
`(4) This section does not apply to a person who is appealing 23
against a disciplinary declaration.'. 24
Clause 28 Amendment of ch 9, pt 2, hdg (Transitional provisions) 25
Chapter 9, part 2, heading, after `provisions'-- 26
Page 24
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Part 3 Amendment of Public Service Act 2008
[s 29]
insert-- 1
`for Public Service Act 2008'. 2
Clause 29 Insertion of new ch 9, pt 3 3
Chapter 9-- 4
insert-- 5
`Part 3 Transitional provisions for the 6
Criminal Code and Other 7
Legislation (Misconduct, 8
Breaches of Discipline and 9
Public Sector Ethics) 10
Amendment Act 2009 11
`252 Definition for pt 3 12
`In this part-- 13
commencement means the commencement of this part. 14
`253 Disciplinary action 15
`Section 187A only applies to a public service officer who 16
changes from a department to another department after the 17
commencement. 18
`254 Former public service officer 19
`For section 188A, a person is a former public service officer 20
only if the person's employment as a public service officer 21
ends after the commencement.'. 22
Clause 30 Amendment of sch 2 (Statutory office holders who are 23
not term appointees) 24
Schedule 2-- 25
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Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Part 3 Amendment of Public Service Act 2008
[s 31]
insert-- 1
`Public Sector Ethics Act 1994 2
· the Queensland Integrity Commissioner'. 3
Clause 31 Amendment of sch 4 (Dictionary) 4
(1) Schedule 4-- 5
insert-- 6
`disciplinary declaration-- 7
(a) for a disciplinary declaration made under a public sector 8
disciplinary law, means-- 9
(i) a disciplinary declaration made under-- 10
(A) section 188A(6); or 11
(B) the Police Service Administration Act 1990, 12
section 7A.2(2); or 13
(C) the Misconduct Tribunals Act 1997; or 14
(ii) a declaration under another public sector 15
disciplinary law that states the disciplinary action 16
that would have been taken against the person if 17
the person's employment had not ended; or 18
(b) otherwise, means a disciplinary declaration made under 19
section 188A(6). 20
disciplinary finding means a finding that a disciplinary 21
ground exists. 22
disciplinary ground means a ground for disciplining a public 23
service officer under section 187. 24
disciplinary information see section 188B(3). 25
former public service officer, for chapter 6 or 7, see section 26
186A. 27
previous chief executive, for chapter 6, see section 186A. 28
public sector disciplinary law means-- 29
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Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Part 4 Amendment of Police Service Administration Act 1990
[s 32]
(a) this Act or any repealed Act regulating the public 1
service; or 2
(b) the Police Service Administration Act 1990 or any 3
repealed Act regulating police; or 4
(c) the Misconduct Tribunals Act 1997; or 5
(d) a disciplinary provision of an award or industrial 6
agreement; or 7
(e) another Act prescribed under a regulation. 8
serious disciplinary action see section 179A(4).'. 9
(2) Schedule 4, definition interest-- 10
omit. 11
Clause 32 Amendment relating to the operation of QCAT 12
(1) Schedule 4, definition public sector disciplinary law, 13
paragraph (c), after `1997'-- 14
insert-- 15
`or QCAT Act'. 16
(2) Schedule 4, definition disciplinary declaration, paragraph 17
(a)(i)(C), after `1997'-- 18
insert-- 19
`or QCAT Act'. 20
Part 4 Amendment of Police Service 21
Administration Act 1990 22
Clause 33 Act amended 23
This part amends the Police Service Administration Act 1990. 24
Page 27
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Part 4 Amendment of Police Service Administration Act 1990
[s 34]
Clause 34 Amendment of s 1.4 (Definitions) 1
Section 1.4-- 2
insert-- 3
`disciplinary declaration-- 4
(a) for a disciplinary declaration made under a public sector 5
disciplinary law, means-- 6
(i) a disciplinary declaration made under-- 7
(A) section 7A.2(2); or 8
(B) the Public Service Act 2008, section 9
188A(6); or 10
(C) the Misconduct Tribunals Act 1997; or 11
(ii) a declaration under another public sector 12
disciplinary law that states the disciplinary action 13
that would have been taken against the person if 14
the person's employment had not ended; or 15
(b) otherwise, means a disciplinary declaration made under 16
section 7A.2(2). 17
disciplinary finding means a finding that a disciplinary 18
ground exists. 19
disciplinary ground means a ground for disciplinary action 20
prescribed under a regulation. 21
former officer, for part 7A and any reference to a disciplinary 22
declaration, see section 7A.1(1)(b). 23
public sector disciplinary law means-- 24
(a) this Act or any repealed Act regulating police; or 25
(b the Public Service Act 2008 or any repealed Act 26
regulating the public service; or 27
(c) the Misconduct Tribunals Act 1997; or 28
(d) a disciplinary provision of an award, industrial 29
agreement or certified agreement under the Industrial 30
Relations Act 1999; or 31
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Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Part 4 Amendment of Police Service Administration Act 1990
[s 35]
(e) another Act prescribed under a regulation. 1
public service employee see the Public Service Act 2008, 2
schedule 4.'. 3
Clause 35 Amendment of s 5AA.8 (Requirements for disclosure) 4
Section 5AA.8(2)-- 5
insert-- 6
`(e) disciplinary action under a public sector disciplinary law 7
involving-- 8
(i) termination of employment; or 9
(ii) reduction of classification level or rank; or 10
(iii) transfer or redeployment to other employment; or 11
(iv) reduction of remuneration level; or 12
(v) a disciplinary declaration that states a disciplinary 13
action mentioned in subparagraph (i) or (ii) as the 14
disciplinary action that would have been taken 15
against the person if the person's employment had 16
not ended.'. 17
Clause 36 Insertion of new s 5AA.10A 18
After section 5AA.10-- 19
insert-- 20
`5AA.10A Information about disciplinary action to be given by 21
chief executive 22
`(1) This section applies if-- 23
(a) the commissioner asks the chief executive of another 24
department (the chief executive) for disciplinary 25
information the chief executive has about a person who 26
is or was a public service employee; and 27
(b) the information is reasonably necessary for the 28
commissioner to make a decision about the suitability of 29
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Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Part 4 Amendment of Police Service Administration Act 1990
[s 37]
the person to be engaged, or continue to be engaged, as 1
a member of the service. 2
`(2) The other chief executive must give the disciplinary 3
information to the commissioner unless the other chief 4
executive is reasonably satisfied that giving the information 5
may prejudice the investigation of a contravention or possible 6
contravention of the law in a particular case. 7
`(3) In this section-- 8
disciplinary information, in relation to a request made of a 9
chief executive about a person, means information about the 10
following made or taken against the person under a public 11
sector disciplinary law by the chief executive or another 12
entity-- 13
(a) a current investigation into whether the person should be 14
disciplined; 15
(b) a finding that the person should be disciplined; 16
(c) possible disciplinary action under consideration; 17
(d) disciplinary action, including a disciplinary 18
declaration.'. 19
Clause 37 Amendment of s 5AA.11 (Assessment of suitability) 20
Section 5AA.11(2)-- 21
insert-- 22
`(ba) disciplinary information given to the commissioner by a 23
chief executive of another department under section 24
5AA.10A; and'. 25
Clause 38 Amendment of s 5AA.14 (Secrecy) 26
Section 5AA.14(3)(a)(v), example-- 27
omit, insert-- 28
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Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Part 4 Amendment of Police Service Administration Act 1990
[s 39]
`Examples for subparagraph (v)-- 1
· Family Services Act 1987, part 4 2
· Public Service Act 2008, section 188B'. 3
Clause 39 Insertion of new pt 7A 4
After section 7.4-- 5
insert-- 6
`Part 7A Disciplinary declarations 7
against former officers 8
`7A.1 Power to conduct disciplinary investigation against a 9
former officer 10
`(1) This section applies if-- 11
(a) a disciplinary ground arises in relation to a police 12
officer; and 13
(b) after the disciplinary ground arises the employment of 14
the person (the former officer) as a police officer ends 15
for any reason. 16
`(2) A disciplinary ground arises when the conduct constituting 17
the ground happens. 18
`(3) The commissioner may continue or start an investigation to 19
decide whether the former officer is liable to disciplinary 20
action in relation to the former officer's conduct at any time 21
when he or she was a police officer. 22
Note-- 23
Under section 4.10 the commissioner may delegate powers under this 24
part. 25
`(4) The investigation and disciplinary action must be taken within 26
a period of 2 years after the end of the former officer's 27
employment mentioned in subsection (1)(b). 28
`(5) However, subsection (4) does not stop disciplinary action 29
being taken following an appeal or review. 30
Page 31
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
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Part 4 Amendment of Police Service Administration Act 1990
[s 39]
`(6) Subsection (4) does not affect-- 1
(a) an investigation of a suspected criminal offence; or 2
(b) an investigation of a matter for the purpose of notifying 3
the Crime and Misconduct Commission of suspected 4
official misconduct under the Crime and Misconduct 5
Act 2001. 6
`(7) In deciding whether to continue or start a disciplinary 7
investigation the commissioner may have regard to the matters 8
the commissioner reasonably considers to be relevant 9
including matters prescribed under a regulation. 10
`7A.2 Disciplinary action that may be taken against a 11
former officer 12
`(1) The commissioner may make a disciplinary finding and take 13
disciplinary action against the former officer. 14
`(2) In disciplining the former officer, the commissioner may 15
make a disciplinary declaration and may not take any other 16
disciplinary action. 17
`(3) The commissioner may only make a disciplinary declaration 18
if the disciplinary action that would have been taken against 19
the former officer if the former officer's employment had not 20
ended would have been-- 21
(a) termination of employment; or 22
(b) reduction of rank. 23
`(4) The making of a disciplinary declaration against a former 24
officer does not affect the way in which the former officer's 25
employment ends, or any benefits, rights or liabilities arising 26
because the employment ends. 27
`(5) In this section-- 28
disciplinary declaration means a declaration of-- 29
(a) a disciplinary finding against the former officer; and 30
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Part 4 Amendment of Police Service Administration Act 1990
[s 39]
(b) the disciplinary action that would have been taken 1
against the officer under section 7.4(3) if the former 2
officer's employment had not ended. 3
`7A.3 Procedure 4
`(1) Before making a disciplinary declaration against a former 5
officer, the commissioner must do 1 or both of the 6
following-- 7
(a) give the former officer a notice in relation to the 8
disciplinary ground asking the former officer to respond 9
in writing within 28 days; 10
(b) hold a disciplinary hearing in relation to the disciplinary 11
ground after giving the former officer a notice asking the 12
former officer to attend the hearing. 13
`(2) A notice under subsection (1) must be in the form approved 14
by the commissioner and include a statement of the 15
disciplinary ground alleged. 16
`(3) A notice under subsection (1)(b) must be given at least 28 17
days before the hearing. 18
`(4) The commissioner may take disciplinary action against the 19
former officer after complying with subsection (1) whether or 20
not the former officer responds in writing to the 21
commissioner's notice or attends the disciplinary hearing. 22
`7A.4 Commissioner to notify former officer of decision 23
`(1) This section applies if-- 24
(a) the commissioner makes a disciplinary declaration 25
against a former officer; or 26
(b) otherwise makes a decision in relation to the 27
disciplinary matter after giving notice under section 28
7A.3. 29
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Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
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Part 4 Amendment of Police Service Administration Act 1990
[s 40]
`(2) The commissioner must give written notice of the disciplinary 1
declaration or decision to the former officer. 2
`(3) The notice must be in a form approved by the commissioner. 3
`7A.5 Notice of misconduct finding to Crime and 4
Misconduct Commission 5
`(1) This section applies if the commissioner-- 6
(a) decides a disciplinary charge of misconduct brought 7
against a former officer; or 8
(b) when deciding a charge of breach of discipline brought 9
against a former officer, finds the former officer is guilty 10
of misconduct. 11
`(2) The commissioner must give written notice of the decision, 12
including any disciplinary declaration made against the 13
officer, to the Crime and Misconduct Commission within 14 14
days after making the decision.'. 15
Clause 40 Amendment of s 9.3 (Application for review) 16
Section 9.3-- 17
insert-- 18
`(1C) Also, a former officer who is aggrieved by a disciplinary 19
declaration made against the former officer under section 20
7A.2(2) for a breach of discipline may apply to have the 21
disciplinary decision reviewed by a commissioner for police 22
service reviews.'. 23
Clause 41 Insertion of new pt 10, div 1, sdiv 2A 24
After section 10.2C-- 25
insert-- 26
`Subdivision 2A Disclosure provisions about 27
disciplinary information 28
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Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
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Part 4 Amendment of Police Service Administration Act 1990
[s 42]
`10.2CA Information about disciplinary action to be given by 1
commissioner 2
`(1) This section applies if-- 3
(a) the chief executive of a department asks the 4
commissioner for disciplinary information the 5
commissioner has about a person who is or was a 6
member of the service; and 7
(b) the information is reasonably necessary for the chief 8
executive to make a decision about an appointment or 9
continued employment of the person to the chief 10
executive's department. 11
`(2) The commissioner must give the disciplinary information to 12
the chief executive unless the commissioner is reasonably 13
satisfied that giving the information may prejudice the 14
investigation of a suspected contravention of the law in a 15
particular case. 16
`(3) In this section-- 17
disciplinary information, in relation to a request made of the 18
commissioner about a person who is or was a member of the 19
service, includes the following made or taken against the 20
person-- 21
(a) a disciplinary finding; 22
(b) disciplinary action, including a disciplinary 23
declaration.'. 24
Clause 42 Insertion of new pt 11, div 4 25
Part 11-- 26
insert-- 27
Page 35
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Part 4 Amendment of Police Service Administration Act 1990
[s 43]
`Division 4 Transitional and declaratory 1
provisions for the Criminal Code 2
and Other Legislation (Misconduct, 3
Breaches of Discipline and Public 4
Sector Ethics) Amendment Act 2009 5
`11.7 Amendment of regulations by Governor in Council 6
unaffected 7
`The amendment of any regulation by the Criminal Code and 8
Other Legislation (Misconduct, Breaches of Discipline and 9
Public Sector Ethics) Amendment Act 2009 does not affect the 10
power of the Governor in Council to further amend the 11
regulation or to repeal it. 12
`11.8 Former officer 13
`For part 7A, a person is a former officer only if the person's 14
employment ends after the commencement of the part.'. 15
Clause 43 Amendment of schedule (Relevant information) 16
(1) Schedule, entry for information about police officers, recruits 17
and applicants to become police officers or recruits-- 18
insert-- 19
`13 Information about the person supplied to the commissioner by 20
a chief executive of a department if the person is or was a 21
public service employee about-- 22
· any disciplinary finding made against the person 23
· disciplinary action taken against the person, including a 24
disciplinary declaration under the Public Service Act 25
2008, section 188A.'. 26
(2) Schedule, entry for information about staff members, 27
applicants to become staff members, volunteers and students 28
on work experience-- 29
insert-- 30
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Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Part 4 Amendment of Police Service Administration Act 1990
[s 44]
`9 Information about the person supplied to the commissioner by 1
a chief executive of a department if the person is or was a 2
public service employee about-- 3
· any disciplinary finding made in relation to the person 4
· disciplinary action taken against the person, including a 5
disciplinary declaration made under the Public Service 6
Act 2008, section 188A.'. 7
Clause 44 Amendment relating to the operation of QCAT 8
(1) Section 1.4 (of the Police Service Administration Act 1990), 9
definition public sector disciplinary law, paragraph (c), after 10
`1997'-- 11
insert-- 12
`or QCAT Act'. 13
(2) Section 1.4 (of the Police Service Administration Act 1990), 14
definition disciplinary declaration, paragraph (a)(i)(C), after 15
`1997'-- 16
insert-- 17
`or QCAT Act'. 18
(3) Section 7A.4(3) (of the Police Service Administration Act 19
1990) as inserted by section 39-- 20
omit, insert-- 21
`(3) The notice must be-- 22
(a) if the allegation is of misconduct or there is a finding of 23
misconduct--a QCAT information notice; or 24
(b) otherwise--in a form approved by the commissioner.'. 25
(4) Section 7A.5 (of the Police Service Administration Act 1990) 26
as inserted by section 39-- 27
omit, insert-- 28
Page 37
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Part 5 Amendment of Police Service (Discipline) Regulations 1990
[s 45]
`7A.5 Notice of misconduct finding to Crime and Misconduct 1
Commission 2
`(1) This section applies if the commissioner-- 3
(a) decides an allegation of misconduct brought against a 4
former officer; or 5
(b) when deciding an allegation of a breach of discipline 6
brought against a former officer, finds the former officer 7
is guilty of misconduct. 8
`(2) The commissioner must give a QCAT information notice for 9
the decision, including any disciplinary declaration made 10
against the officer, to the Crime and Misconduct Commission 11
within 14 days after making the decision.'. 12
Part 5 Amendment of Police Service 13
(Discipline) Regulations 1990 14
Clause 45 Regulations amended 15
This part amends the Police Service (Discipline) Regulations 16
1990. 17
Clause 46 Amendment of s 9 (Grounds for disciplinary action) 18
Section 9(1), after `7.4'-- 19
insert-- 20
`or part 7A'. 21
Clause 47 Insertion of new s 13 22
After section 12-- 23
insert-- 24
Page 38
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Part 6 Amendment of Police Service Administration (Review of Decisions) Regulation 1990
[s 48]
`13 Matters for disciplinary investigation of a former 1
officer 2
`For deciding whether to continue or start an investigation 3
under section 7A.1 of the Act against a former officer 4
mentioned in the section, the commissioner may consider the 5
following matters-- 6
(a) the seriousness of the grounds for disciplinary action; 7
(b) how far advanced the investigation is; 8
(c) the cost implications of continuing the investigation; 9
(d) access to the former officer; 10
(e) the former officer's previous disciplinary history; 11
(f) any benefit to the service in proceeding or not 12
proceeding with an investigation; 13
(g) whether the matter is being considered or investigated 14
by the Crime and Misconduct Commission or any other 15
authority; 16
(h) any associated criminal offence; 17
(i) any other relevant matter.'. 18
Part 6 Amendment of Police Service 19
Administration (Review of 20
Decisions) Regulation 1990 21
Clause 48 Regulation amended 22
This part amends the Police Service Administration (Review of 23
Decisions) Regulation 1990. 24
Clause 49 Amendment of s 4 (Definitions) 25
(1) Section 4-- 26
Page 39
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Part 6 Amendment of Police Service Administration (Review of Decisions) Regulation 1990
[s 50]
insert-- 1
`former officer means a former officer under part 7A of the 2
Act.'. 3
(2) Section 4, definition party to a review, before paragraph (a)-- 4
insert-- 5
`(aa) the former officer who applied for the review; or'. 6
(3) Section 4, definition party to a review, paragraphs (aa) to 7
(e)-- 8
renumber as paragraphs (a) to (f). 9
Clause 50 Amendment of s 6A (Application for review) 10
Section 6A-- 11
insert-- 12
`(4) In this section-- 13
officer includes a former officer.'. 14
Clause 51 Amendment of s 11 (Withdrawal of application for review) 15
Section 11-- 16
insert-- 17
`(3) In this section-- 18
police officer includes a former officer.'. 19
Page 40
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
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Part 7 Amendment of Crime and Misconduct Act 2001
[s 52]
Part 7 Amendment of Crime and 1
Misconduct Act 2001 2
Division 1 Act amended 3
Clause 52 Act amended 4
This part amends the Crime and Misconduct Act 2001. 5
Division 2 Amendments having effect before 6
the operation of QCAT 7
Clause 53 Amendment of s 50 (Commission may prosecute official 8
misconduct) 9
(1) This section only has effect if the Misconduct Tribunals Act 10
1997 is not repealed by the Queensland Civil and 11
Administrative Tribunal Act 2009 before this division is 12
commenced. 13
(2) Section 50(4)-- 14
omit, insert-- 15
`(4) For the definition prescribed person, paragraph (b)-- 16
(a) a regulation may not declare a court or the police service 17
to be a unit of public administration that is subject to the 18
jurisdiction of a misconduct tribunal; and 19
(b) for subparagraph (ii), a regulation may declare an 20
appointment, or unit of public administration in which 21
an appointment is or was, to be subject to the 22
jurisdiction of a misconduct tribunal before or after the 23
appointment ends as mentioned in the subparagraph. 24
Example-- 25
The commission is notified by the chief executive of a unit of public 26
administration about possible official misconduct by A. The 27
commission assumes responsibility for the investigation. A resigns 28
before the investigation is finalised but the commission's investigation 29
Page 41
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
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Part 7 Amendment of Crime and Misconduct Act 2001
[s 54]
continues. The investigation later establishes that A's conduct is so 1
serious that proceedings should be taken against A for official 2
misconduct. At that time, a regulation is made prescribing A's 3
appointment.'. 4
(3) Section 50(5), definition prescribed person-- 5
omit, insert-- 6
`prescribed appointment means an appointment in a unit of 7
public administration, which appointment or unit is declared 8
by regulation to be subject to the jurisdiction of a misconduct 9
tribunal. 10
prescribed person means-- 11
(a) a person-- 12
(i) who is a member of the police service; or 13
(ii) being a member of the police service, whose 14
employment as a member of the police service 15
ends after the official misconduct happens, 16
regardless of whether the employment ends before 17
or after a charge is laid; or 18
(b) a person (other than a judge or holder of judicial office, 19
or a member of the police service)-- 20
(i) who holds a prescribed appointment; or 21
(ii) being the holder of a prescribed appointment, 22
whose appointment ends after the official 23
misconduct happens, regardless of whether the 24
appointment ends before or after a charge is laid.'. 25
Clause 54 Insertion of new ch 8, pt 8 26
Chapter 8-- 27
insert-- 28
Page 42
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Part 7 Amendment of Crime and Misconduct Act 2001
[s 55]
`Part 8 Criminal Code and Other 1
Legislation (Misconduct, 2
Breaches of Discipline and 3
Public Sector Ethics) 4
Amendment Act 2009 5
`392 Transitional provision for prescribed person 6
`For section 50(5), definition prescribed person, paragraph 7
(a)(ii) or (b)(ii) of the definition only applies to a person 8
whose employment or appointment ends after the 9
commencement of this section.'. 10
Clause 55 Potential repeal before commencement 11
(1) This section applies if the Misconduct Tribunals Act 1997 is 12
repealed by the Queensland Civil and Administrative Tribunal 13
Act 2009 before this division is commenced. 14
(2) This division is repealed. 15
Division 3 Amendments relating to the 16
operation of QCAT 17
Clause 56 Amendment of s 50 (Commission may prosecute official 18
misconduct) 19
(1) Subsections (2) and (3) only have effect if, before this section 20
commences, the Misconduct Tribunals Act 1997 is repealed 21
by the Queensland Civil and Administrative Tribunal Act 22
2009 and the amendments to section 50 (of the Crime and 23
Misconduct Act 2001) under division 2 have not commenced. 24
(2) Section 50(3)-- 25
omit, insert-- 26
`(3) For the definition prescribed person, paragraph (b)-- 27
Page 43
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
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Part 7 Amendment of Crime and Misconduct Act 2001
[s 56]
(a) a regulation may not declare a court or the police service 1
to be a unit of public administration that is subject to 2
QCAT's jurisdiction; and 3
(b) for subparagraph (ii), a regulation may declare an 4
appointment, or unit of public administration in which 5
an appointment is or was, to be subject to QCAT's 6
jurisdiction before or after the appointment ends as 7
mentioned in the subparagraph. 8
Example-- 9
The commission is notified by the chief executive of a unit of public 10
administration about possible official misconduct by A. The 11
commission assumes responsibility for the investigation. A resigns 12
before the investigation is finalised but the commission's investigation 13
continues. The investigation later establishes that A's conduct is so 14
serious that proceedings should be taken against A for official 15
misconduct. At that time, a regulation is made prescribing A's 16
appointment.'. 17
(3) Section 50(4), definition prescribed person-- 18
omit, insert-- 19
`prescribed appointment means an appointment in a unit of 20
public administration, which appointment or unit is declared 21
by regulation to be subject to QCAT's jurisdiction. 22
prescribed person means-- 23
(a) a person-- 24
(i) who is a member of the police service; or 25
(ii) being a member of the police service, whose 26
employment as a member of the police service 27
ends after the official misconduct happens, 28
regardless of whether the employment ends before 29
or after the start of a disciplinary proceeding for 30
the official misconduct; or 31
(b) a person (other than a judge or holder of judicial office, 32
or a member of the police service)-- 33
(i) who holds a prescribed appointment; or 34
(ii) being the holder of a prescribed appointment, 35
whose appointment ends after the official 36
Page 44
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Part 7 Amendment of Crime and Misconduct Act 2001
[s 57]
misconduct happens, regardless of whether the 1
appointment ends before or after the start of a 2
disciplinary proceeding for the official 3
misconduct.'. 4
(4) Subsections (2) and (3) are repealed on the commencement of 5
this section if the Misconduct Tribunals Act 1997 is not 6
repealed by the Queensland Civil and Administrative Tribunal 7
Act 2009 before this section is commenced or the amendments 8
of section 50 (of the Crime and Misconduct Act 2001) under 9
division 2 have been commenced before this section is 10
commenced. 11
Clause 57 Amendment of s 219B (Definitions for pt 2) 12
Section 219B, definition reviewable decision-- 13
omit, insert-- 14
`reviewable decision see section 219BA.'. 15
Clause 58 Insertion of new s 219BA 16
After section 219B-- 17
insert-- 18
`219BA Meaning of reviewable decision 19
`(1) A reviewable decision means-- 20
(a) a decision made in relation to an allegation of 21
misconduct against a prescribed person, other than a 22
decision made by a court or QCAT; or 23
(b) a finding mentioned in the Police Service 24
Administration Act 1990, section 7.4(2A)(b) or 25
7A.5(1)(b) that misconduct is proved against an officer. 26
`(2) In this section-- 27
decision, made in relation to a disciplinary allegation of 28
misconduct, if a disciplinary declaration is made, includes the 29
disciplinary declaration. 30
Page 45
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Part 7 Amendment of Crime and Misconduct Act 2001
[s 59]
Note-- 1
A reviewable decision may also involve a failure to make a disciplinary 2
declaration. 3
disciplinary declaration means a disciplinary declaration 4
made under-- 5
(a) the Public Service Act 2008, section 188A; or 6
(b) the Police Service Administration Act 1990, section 7
7A.2(2). 8
prescribed person, in relation to a prescribed person 9
mentioned in section 50(4), definition prescribed person, 10
paragraphs (a)(ii) and (b)(ii), means-- 11
(a) a prescribed person against whom a disciplinary 12
declaration has been made; or 13
(b) in relation to an appeal started by the commission under 14
section 219G-- 15
(i) a prescribed person mentioned in paragraph (a); or 16
(ii) a prescribed person against whom a disciplinary 17
declaration has not been made if a ground of 18
appeal states that a disciplinary declaration should 19
have been made.'. 20
Clause 59 Insertion of new s 219DA 21
After section 219D-- 22
insert-- 23
`219DA QCAT hearing in relation to prescribed person whose 24
employment or appointment has ended 25
`To remove any doubt, it is declared that QCAT may hear and 26
decide, or continue to hear and decide, an allegation of official 27
misconduct brought against a prescribed person defined in 28
section 50(4), definition prescribed person, paragraph (a)(ii) 29
or (b)(ii), despite the person's employment or appointment 30
having ended-- 31
Page 46
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Part 7 Amendment of Crime and Misconduct Act 2001
[s 60]
(a) before or during the QCAT hearing; or 1
(b) after the hearing and before QCAT makes its decision.'. 2
Clause 60 Amendment of s 219G (Proceedings relating to 3
reviewable decisions) 4
Section 219G(2)(a), after `section 7.4(2A)'-- 5
insert-- 6
`, 7A.4 or 7A.5'. 7
Clause 61 Amendment of s 219I (Powers for official misconduct) 8
Before section 219I(1)-- 9
insert-- 10
`(1AA) This section applies to a prescribed person defined in section 11
50(4), definition prescribed person, paragraph (a)(i) or 12
(b)(i).'. 13
Clause 62 Insertion of new s 219IA 14
After section 219I-- 15
insert-- 16
`219IA QCAT powers for prescribed persons whose 17
employment or appointment ends 18
`(1) This section applies to a prescribed person defined in section 19
50(4), definition prescribed person, paragraph (a)(ii) or 20
(b)(ii). 21
`(2) QCAT may, on a finding of official misconduct being proved 22
against a prescribed person, make a disciplinary declaration 23
and may not take any other disciplinary action. 24
`(3) QCAT may only make a disciplinary declaration if the order 25
QCAT would have made under section 219I(1) if the 26
prescribed person's employment or appointment had not 27
ended would have been that the prescribed person-- 28
(a) be dismissed; or 29
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Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
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Part 7 Amendment of Crime and Misconduct Act 2001
[s 63]
(b) be reduced in rank. 1
`(4) A disciplinary declaration made under this section does not 2
affect the way in which the prescribed person's employment 3
or appointment ended or the benefits, rights and liabilities 4
arising because the employment ended. 5
`(5) In this section-- 6
disciplinary declaration means a declaration of-- 7
(a) the disciplinary finding against the prescribed person; 8
and 9
(b) the order QCAT would have made under section 219I(1) 10
if the prescribed person's employment or appointment 11
had not ended.'. 12
Clause 63 Amendment of s 219J (Additional power for reviewable 13
decisions) 14
Section 219J-- 15
insert-- 16
`(3) No action may be taken to enforce a penalty or fine mentioned 17
in a disciplinary declaration made under subsection (2). 18
`(4) A disciplinary declaration may only be made under subsection 19
(2) if the order QCAT would have made under subsection (2), 20
if the prescribed person's employment or appointment had not 21
ended, would have been that the prescribed person-- 22
(a) be dismissed; or 23
(b) be reduced in rank. 24
`(5) A disciplinary declaration made under subsection (2) does not 25
affect the way in which the prescribed person's employment 26
or appointment ended or the benefits, rights and liabilities 27
arising because the employment ended. 28
`(6) In this section-- 29
decision, for subsection (1), in relation to a decision appealed 30
against, if the decision appealed against involved the making 31
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Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
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Part 7 Amendment of Crime and Misconduct Act 2001
[s 64]
of a disciplinary declaration, includes the disciplinary 1
declaration. 2
disciplinary declaration means-- 3
(a) for a decision appealed against, a disciplinary 4
declaration as defined under section 219BA(2); or 5
(b) for a decision substituted on appeal, a declaration of-- 6
(i) the disciplinary finding against the prescribed 7
person; and 8
(ii) the discipline that would have been imposed by 9
QCAT under subsection (2) if the prescribed 10
person's employment or appointment had not 11
ended. 12
discipline, for subsection (2), if the decision appealed against 13
involved the making of, or the failure to make, a disciplinary 14
declaration, means the making of a disciplinary declaration.'. 15
Clause 64 Amendment of s 219L (QCAT's power to suspend orders) 16
Section 219L-- 17
insert-- 18
`(7) This section does not apply to a disciplinary declaration.'. 19
Clause 65 Amendment of s 219M (Appeal from QCAT exercising 20
original jurisdiction) 21
(1) Section 219M, after `may appeal'-- 22
insert-- 23
`under the QCAT Act, chapter 2, part 8'. 24
(2) Section 219M-- 25
insert-- 26
`(2) Subsections (3) to (7) apply for the QCAT Act, chapter 2, part 27
8. 28
Page 49
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
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Part 7 Amendment of Crime and Misconduct Act 2001
[s 66]
`(3) A reference to a party to a proceeding includes a reference to a 1
person who may appeal under subsection (1). 2
`(4) A reference to a decision, if the decision involves the making 3
of a disciplinary declaration, includes the disciplinary 4
declaration. 5
Note-- 6
The decision may also involve a failure to make a disciplinary decision. 7
`(5) If a decision set aside involved the making of, or a failure to 8
make, a disciplinary declaration, the power to substitute 9
another decision involving disciplinary action is limited to the 10
making of, or the making of another, disciplinary declaration 11
and does not include the taking of any other disciplinary 12
action. 13
`(6) A disciplinary declaration may only be made if the order the 14
appeal tribunal or the Court of Appeal would have made under 15
the QCAT Act, chapter 2, part 8, if the prescribed person's 16
employment or appointment had not ended would have been 17
that the prescribed person-- 18
(a) be dismissed; or 19
(b) be reduced in rank. 20
`(7) A disciplinary declaration made under subsection (5) does not 21
affect the way in which the prescribed person's employment 22
or appointment ended or the benefits, rights and liabilities 23
arising because the employment ended.'. 24
Clause 66 Insertion of new ch 8, pt 8 and potential repeal 25
(1) Chapter 8-- 26
insert-- 27
`Part 8 Criminal Code and Other 28
Legislation (Misconduct, 29
Breaches of Discipline and 30
Public Sector Ethics) 31
Amendment Act 2009 32
Page 50
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Part 8 Amendment of Misconduct Tribunals Act 1997
[s 67]
`392 Transitional provision for prescribed person and 1
potential repeal 2
`(1) For section 50(4), definition prescribed person, paragraph 3
(a)(ii) or (b)(ii) of the definition only applies to a person 4
whose employment or appointment ends after the 5
commencement of the relevant provisions. 6
`(2) In this section-- 7
relevant provisions means the Criminal Code and Other 8
Legislation (Misconduct, Breaches of Discipline and Public 9
Sector Ethics) Amendment Act 2009, section 56(2) and (3).'. 10
(2) This section is repealed if section 56(2) and (3) is repealed 11
under section 56(4). 12
Part 8 Amendment of Misconduct 13
Tribunals Act 1997 14
Clause 67 Act amended 15
(1) This part amends the Misconduct Tribunals Act 1997. 16
(2) This part only has effect if the Misconduct Tribunals Act 1997 17
is not repealed by the Queensland Civil and Administrative 18
Tribunal Act 2009 before this part is commenced. 19
Clause 68 Insertion of new s 14A 20
After section 14-- 21
insert-- 22
`14A Tribunal hearing in relation to a prescribed person 23
whose employment or appointment has ended 24
`To remove any doubt, it is declared that a misconduct tribunal 25
may hear and decide, or continue to hear and decide, a charge 26
under section 14(1) against a prescribed person defined in the 27
Crime and Misconduct Act 2001, section 50(5), definition 28
Page 51
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
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Part 8 Amendment of Misconduct Tribunals Act 1997
[s 69]
prescribed person, paragraph (a)(ii) or (b)(ii), despite the 1
person's employment or appointment having ended-- 2
(a) before or during the tribunal's hearing; or 3
(b) after the hearing and before the tribunal makes its 4
decision.'. 5
Clause 69 Amendment of s 15 (What is a reviewable decision) 6
(1) Section 15(b), after `section 7.4(2A)(b)'-- 7
insert-- 8
`or 7A.5(1)(b)'. 9
(2) Section 15-- 10
insert-- 11
`(2) In this section-- 12
decision, made in relation to a disciplinary charge of 13
misconduct, if a disciplinary declaration is made, includes the 14
disciplinary declaration. 15
Note-- 16
A reviewable decision may also involve a failure to make a disciplinary 17
declaration. 18
disciplinary declaration means a disciplinary declaration 19
made under-- 20
(a) the Public Service Act 2008, section 188A; or 21
(b) the Police Service Administration Act 1990, section 22
7A.2(2). 23
prescribed person, in relation to a prescribed person 24
mentioned in the Crime and Misconduct Act 2001, section 25
50(5), definition prescribed person, paragraphs (a)(ii) and 26
(b)(ii), means-- 27
(a) a prescribed person against whom a disciplinary 28
declaration has been made; or 29
(b) in relation to an appeal started by the commission under 30
section 18-- 31
Page 52
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Part 8 Amendment of Misconduct Tribunals Act 1997
[s 70]
(i) a prescribed person mentioned in paragraph (a); or 1
(ii) a prescribed person against whom a disciplinary 2
declaration has not been made if a ground of 3
appeal states that a disciplinary declaration should 4
have been made.'. 5
Clause 70 Amendment of s 18 (Proceedings--appellate jurisdiction) 6
Section 18(2)(a), after `section 7.4'-- 7
insert-- 8
`, 7A.4 or 7A.5'. 9
Clause 71 Amendment of s 25 (Misconduct tribunal 10
decisions--original jurisdiction) 11
Before section 25(1)-- 12
insert-- 13
`(1AA) This section applies to a prescribed person defined in the 14
Crime and Misconduct Act 2001, section 50(5), definition 15
prescribed person, paragraph (a)(i) or (b)(i).'. 16
Clause 72 Insertion of new s 25A 17
After section 25-- 18
insert-- 19
`25A Misconduct tribunal decisions for prescribed persons 20
whose employment or appointment has ended 21
`(1) This section applies to a prescribed person defined in the 22
Crime and Misconduct Act 2001, section 50(5), definition 23
prescribed person, paragraph (a)(ii) or (b)(ii). 24
`(2) A misconduct tribunal exercising original jurisdiction may, if 25
it finds the charge proved, make a disciplinary declaration and 26
may not take any other disciplinary action. 27
`(3) The tribunal may only make a disciplinary declaration if the 28
order the misconduct tribunal would have made under section 29
Page 53
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Part 8 Amendment of Misconduct Tribunals Act 1997
[s 73]
25(1) if the prescribed person's employment or appointment 1
had not ended would have been that the prescribed person-- 2
(a) be dismissed; or 3
(b) be reduced in rank. 4
`(4) A disciplinary declaration made under this section does not 5
affect the way in which the prescribed person's employment 6
or appointment ended or the benefits, rights and liabilities 7
arising because the employment ended. 8
`(5) The tribunal may publish its reasons for decision. 9
`(6) In this section-- 10
disciplinary declaration means a declaration of-- 11
(a) the disciplinary finding against the prescribed person; 12
and 13
(b) the order the misconduct tribunal would have made 14
under section 25(1) if the prescribed person's 15
employment or appointment had not ended.'. 16
Clause 73 Amendment of s 26 (Misconduct tribunal 17
decisions--appellate jurisdiction) 18
Section 26-- 19
insert-- 20
`(4) No action may be taken to enforce a penalty or fine mentioned 21
in a disciplinary declaration made under subsection (1) or (2). 22
`(5) The tribunal may only make a disciplinary declaration under 23
subsection (1) or (2) if the order the tribunal would have made 24
if the prescribed person's employment or appointment had not 25
ended would have been that the prescribed person-- 26
(a) be dismissed; or 27
(b) be reduced in rank. 28
`(6) A disciplinary declaration made under subsection (1) or (2) 29
does not affect the way in which the prescribed person's 30
Page 54
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Part 8 Amendment of Misconduct Tribunals Act 1997
[s 74]
employment or appointment ended or the benefits, rights and 1
liabilities arising because the employment ended. 2
`(7) In this section-- 3
decision-- 4
(a) for a decision appealed against, if the decision involved 5
the making of a disciplinary declaration, includes the 6
disciplinary declaration; or 7
(b) for a decision substituted on appeal, if the decision 8
involves a disciplinary declaration, includes the 9
disciplinary declaration. 10
disciplinary declaration means-- 11
(a) for a decision appealed against, a disciplinary 12
declaration as defined under section 15(2); or 13
(b) for a decision substituted on appeal, a declaration of-- 14
(i) the disciplinary finding against the prescribed 15
person; and 16
(ii) the punishment that would have been imposed by 17
the misconduct tribunal under subsection (1) if the 18
prescribed person's employment or appointment 19
had not ended. 20
punishment, for subsection (2), if the decision appealed 21
against included the making of, or the failure to make, a 22
disciplinary declaration, means the making of a disciplinary 23
declaration.'. 24
Clause 74 Amendment of s 28 (Misconduct tribunal's power to 25
suspend punishment) 26
Section 28(1), after `punishment'-- 27
insert-- 28
`, other than the making of a disciplinary declaration,'. 29
Page 55
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Part 8 Amendment of Misconduct Tribunals Act 1997
[s 75]
Clause 75 Amendment of s 37 (Appeal from misconduct tribunal in 1
original jurisdiction) 2
(1) Section 37(2)(a)(iii)-- 3
omit, insert-- 4
`(iii) for an appeal against a decision other than under 5
section 25A--manifestly excessive or inadequate 6
level of penalty; 7
(iv) for an appeal against a decision under section 8
25A-- 9
(A) manifestly excessive or inadequate level of 10
penalty stated in the order stated in a 11
disciplinary declaration made under the 12
section; or 13
(B) a failure to make a disciplinary declaration 14
under the section; or'. 15
(2) Section 37(8), `of manifestly excessive or inadequate level of 16
penalty'-- 17
omit, insert-- 18
`under subsection (2)(a)(iii) or (iv)'. 19
(3) Section 37(9), `specified in'-- 20
omit, insert-- 21
`under'. 22
(4) Section 37-- 23
insert-- 24
`(10) If an appeal on the ground under subsection (2)(a)(iv) is 25
allowed, the court may-- 26
(a) set aside a disciplinary declaration and substitute 27
another disciplinary declaration; or 28
(b) if there was a failure to make a disciplinary declaration, 29
make a disciplinary declaration; 30
that the misconduct tribunal was authorised to make and the 31
court considers should have been made by the tribunal. 32
Page 56
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Part 8 Amendment of Misconduct Tribunals Act 1997
[s 76]
`(11) No action may be taken to enforce a penalty or fine mentioned 1
in a disciplinary declaration made under subsection (10). 2
`(12) The court may only make a disciplinary declaration under 3
subsection (10) if the order the court would have made if the 4
prescribed person's employment or appointment had not 5
ended would have been that the prescribed person-- 6
(a) be dismissed; or 7
(b) be reduced in rank. 8
`(13) A disciplinary declaration made under subsection (10) does 9
not affect the way in which the prescribed person's 10
employment or appointment ended or the benefits, rights and 11
liabilities arising because the employment ended.'. 12
Clause 76 Insertion of new pt 7, div 3 13
Part 7-- 14
insert-- 15
`Division 3 Provisions for the Criminal Code 16
and Other Legislation (Misconduct, 17
Breaches of Discipline and Public 18
Sector Ethics) Amendment Act 2009 19
`49 Original jurisdiction unaffected 20
`(1) This section applies to-- 21
(a) a prescribed person; and 22
(b) a misconduct tribunal proceeding that has not been 23
finalised before the commencement of this section. 24
`(2) The Crime and Misconduct Act 2001, section 50(5), definition 25
prescribed person, as in force before its amendment by the 26
Criminal Code and Other Legislation (Misconduct, Breaches 27
of Discipline and Public Sector Ethics) Amendment Act 2009, 28
continues to apply. 29
Page 57
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Part 9 Amendment of Public Sector Ethics Act 1994
[s 77]
`(3) Section 25, as in force before its amendment by the Criminal 1
Code and Other Legislation (Misconduct, Breaches of 2
Discipline and Public Sector Ethics) Amendment Act 2009, 3
continues to apply.'. 4
Clause 77 Potential repeal before commencement 5
(1) This section applies if the Misconduct Tribunals Act 1997 is 6
repealed by the Queensland Civil and Administrative Tribunal 7
Act 2009 before this part is commenced. 8
(2) This part is repealed. 9
Part 9 Amendment of Public Sector 10
Ethics Act 1994 11
Clause 78 Act amended 12
This part amends the Public Sector Ethics Act 1994. 13
Clause 79 Amendment of s 27 (Who are designated persons) 14
Section 27(1)(d)-- 15
omit, insert-- 16
`(d) a member of the Legislative Assembly;'. 17
Clause 80 Amendment of s 34 (Authorisation of particular 18
disclosures--conflict of interest issue) 19
Section 34(4), after `other than'-- 20
insert-- 21
`a non-government member,'. 22
Page 58
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Part 10 Amendments of Acts in schedule
[s 81]
Clause 81 Amendment of schedule (Dictionary) 1
(1) Schedule, definition government member-- 2
omit. 3
(2) Schedule-- 4
insert-- 5
`non-government member means a member of the Legislative 6
Assembly who is not a member of a political party recognised 7
in the Legislative Assembly as being in government.'. 8
Part 10 Amendments of Acts in 9
schedule 10
Clause 82 Acts amended in schedule 11
The schedule amends the Acts it mentions. 12
Page 59
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Schedule
Schedule Consequential amendments of 1
other Acts 2
section 82 3
Aboriginal Land Act 1991 4
1 Sections 90(3) and 127, `Public Service Act 1996'-- 5
omit, insert-- 6
`Public Service Act 2008'. 7
Agent-General for Queensland Act 1975 8
1 Section 8, `Public Service Act 1996'-- 9
omit, insert-- 10
`Public Service Act 2008'. 11
Agricultural College Act 2005 12
1 Sections 19(3), 20A(5), 20C(2)(b) and 37(5), `Public 13
Service Act 1996'-- 14
omit, insert-- 15
`Public Service Act 2008'. 16
Page 60
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Schedule
2 Schedule 2, definition government entity, `Public Service 1
Act 1996, section 21'-- 2
omit, insert-- 3
`Public Service Act 2008, section 24'. 4
Ambulance Service Act 1991 5
1 Section 15, `Public Service Act 1996'-- 6
omit, insert-- 7
`Public Service Act 2008'. 8
Anti-Discrimination Act 1991 9
1 Sections 238(3), 246 and 257(1), `Public Service Act 10
1996'-- 11
omit, insert-- 12
`Public Service Act 2008'. 13
Architects Act 2002 14
1 Section 100(2), `Public Service Act 1996'-- 15
omit, insert-- 16
`Public Service Act 2008'. 17
Page 61
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Schedule
Body Corporate and Community Management Act 1
1997 2
1 Sections 231 and 236, `Public Service Act 1996'-- 3
omit, insert-- 4
`Public Service Act 2008'. 5
Building and Construction Industry (Portable Long 6
Service Leave) Act 1991 7
1 Section 26, `Public Service Act 1996'-- 8
omit, insert-- 9
`Public Service Act 2008'. 10
Building Units and Group Titles Act 1980 11
1 Section 69, `Public Service Act 1996'-- 12
omit, insert-- 13
`Public Service Act 2008'. 14
Business Names Act 1962 15
1 Section 4, `Public Service Act 1996'-- 16
omit, insert-- 17
`Public Service Act 2008'. 18
Page 62
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Schedule
Chemical Usage (Agricultural and Veterinary) Control 1
Act 1988 2
1 Section 4B, `Public Service Act 1996'-- 3
omit, insert-- 4
`Public Service Act 2008'. 5
Child Protection Act 1999 6
1 Schedule 3, definition government entity, `Public Service 7
Act 1996, section 21'-- 8
omit, insert-- 9
`Public Service Act 2008, section 24'. 10
Child Protection (Offender Prohibition Order) Act 2008 11
1 Schedule, definition government entity-- 12
omit, insert-- 13
`government entity see the Public Service Act 2008, section 14
24.'. 15
Page 63
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Schedule
Child Protection (Offender Reporting) Act 2004 1
1 Schedule 3, definition government entity, `Public Service 2
Act 1996, section 21'-- 3
omit, insert-- 4
`Public Service Act 2008, section 24'. 5
Children Services Tribunal Act 2000 6
1 Sections 10(3) and 26, `Public Service Act 1996'-- 7
omit, insert-- 8
`Public Service Act 2008'. 9
2 Schedule, definition government entity, `Public Service 10
Act 1996, section 21'-- 11
omit, insert-- 12
`Public Service Act 2008, section 24'. 13
Classification of Computer Games and Images Act 14
1995 15
1 Schedule 2, definition computer games classification 16
officer, `under the Public Service Act 1996'-- 17
omit, insert-- 18
`appointed under the Public Service Act 2008'. 19
Page 64
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Schedule
Coal Mining Safety and Health Act 1999 1
1 Sections 80(7) and 188(2), `Public Service Act 1996'-- 2
omit, insert-- 3
`Public Service Act 2008'. 4
Collections Act 1966 5
1 Section 7(2), `Public Service Act 1996'-- 6
omit, insert-- 7
`Public Service Act 2008'. 8
Commercial and Consumer Tribunal Act 2003 9
1 Sections 11(6) and 21(2), `Public Service Act 1996'-- 10
omit, insert-- 11
`Public Service Act 2008'. 12
Commission for Children and Young People and Child 13
Guardian Act 2000 14
1 Sections 21(5), 29(1) and 81(7), `Public Service Act 15
1996'-- 16
omit, insert-- 17
`Public Service Act 2008'. 18
Page 65
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Schedule
2 Schedule 4, definition government entity, `Public Service 1
Act 1996, section 21'-- 2
omit, insert-- 3
`Public Service Act 2008, section 24'. 4
Cooperatives Act 1997 5
1 Section 435(1), `Public Service Act 1996'-- 6
omit, insert-- 7
`Public Service Act 2008'. 8
Coroners Act 2003 9
1 Sections 75, 84(2) and 85(3), `Public Service Act 1996'-- 10
omit, insert-- 11
`Public Service Act 2008'. 12
2 Schedule 2, definition government entity, `Public Service 13
Act 1996, section 21'-- 14
omit, insert-- 15
`Public Service Act 2008, section 24'. 16
Page 66
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Schedule
Corrective Services Act 2006 1
1 Section 283(2), `Public Service Act 1996'-- 2
omit, insert-- 3
`Public Service Act 2008'. 4
Crime and Misconduct Act 2001 5
1 Sections 229(2), 230(5), 244(2), 245(2), 254(2), 255(2)(c)(i), 6
256(2) and 324(4), `Public Service Act 1996'-- 7
omit, insert-- 8
`Public Service Act 2008'. 9
Director of Public Prosecutions Act 1984 10
1 Sections 5(3), 19(2), 20(2), 23(2), 30 and 32(1), `Public 11
Service Act 1996'-- 12
omit, insert-- 13
`Public Service Act 2008'. 14
Disability Services Act 2006 15
1 Section 215(8), `Public Service Act 1996, section 19'-- 16
omit, insert-- 17
`Public Service Act 2008, section 22'. 18
Page 67
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Schedule
Disaster Management Act 2003 1
1 Section 145, `Public Service Act 1996'-- 2
omit, insert-- 3
`Public Service Act 2008'. 4
Dispute Resolution Centres Act 1990 5
1 Section 26, `Public Service Act 1996'-- 6
omit, insert-- 7
`Public Service Act 2008'. 8
Education (Queensland College of Teachers) Act 2005 9
1 Sections 278(2) and 281, `Public Service Act 1996'-- 10
omit, insert-- 11
`Public Service Act 2008'. 12
Education (Queensland Studies Authority) Act 2002 13
1 Sections 59(5), 69(1) and 69A, `Public Service Act 1996'-- 14
omit, insert-- 15
`Public Service Act 2008'. 16
Page 68
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Schedule
Electoral Act 1992 1
1 Sections 10(5), 23(6) and 30(2), `Public Service Act 2
1996'-- 3
omit, insert-- 4
`Public Service Act 2008'. 5
Electrical Safety Act 2002 6
1 Sections 68(3) and 70(3), `Public Service Act 1996'-- 7
omit, insert-- 8
`Public Service Act 2008'. 9
Energy Ombudsman Act 2006 10
1 Sections 51(2), 56(3) and 61, `Public Service Act 1996'-- 11
omit, insert-- 12
`Public Service Act 2008'. 13
Fair Trading Act 1989 14
1 Sections 19(1) and 109(3), `Public Service Act 1996'-- 15
omit, insert-- 16
`Public Service Act 2008'. 17
Page 69
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Schedule
Family Responsibilities Commission Act 2008 1
1 Sections 12(5), 33(3) and 118(5), `Public Service Act 2
1996'-- 3
omit, insert-- 4
`Public Service Act 2008'. 5
Fire and Rescue Service Act 1990 6
1 Sections 9(4) and 25A, `Public Service Act 1996'-- 7
omit, insert-- 8
`Public Service Act 2008'. 9
Food Production (Safety) Act 2000 10
1 Schedule 1, section 10, heading, `Departmental officer'-- 11
omit, insert-- 12
`Senior executive'. 13
2 Schedule 1, section 10(1), `senior officer'-- 14
omit, insert-- 15
`senior executive'. 16
3 Schedule 1, section 10(2), `the officer'-- 17
omit, insert-- 18
`the senior executive'. 19
Page 70
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Schedule
4 Schedule 1, section 10(3), `The officer'-- 1
omit, insert-- 2
`The senior executive'. 3
5 Schedule 1, section 10(4), `an officer'-- 4
omit, insert-- 5
`a senior executive'. 6
6 Schedule 1, section 10(5)-- 7
omit. 8
Forestry Act 1959 9
1 Schedule 3, definition FPQO, `declared under the Public 10
Service Act 1996'-- 11
omit. 12
Forestry Plantations Queensland Act 2006 13
1 Section 34(6), definition government entity, `Public 14
Service Act 1996, section 21'-- 15
omit, insert-- 16
`Public Service Act 2008, section 24'. 17
2 Section 58, definition FPQO, `Public Service Act 1996'-- 18
omit, insert-- 19
`repealed Public Service Act 1996. 20
Page 71
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Schedule
Editor's note-- 1
See also the Public Service Act 2008, schedule 1.'. 2
Freedom of Information Act 1992 3
1 Sections 101E(2), 101G(2), 101P(2), 101V and 101W(2), 4
`Public Service Act 1996'-- 5
omit, insert-- 6
`Public Service Act 2008'. 7
Gene Technology Act 2001 8
1 Schedule 3, definition State agency, paragraph (c), 9
`Public Service Act 1996'-- 10
omit, insert-- 11
`Public Service Act 2008'. 12
Guardianship and Administration Act 2000 13
1 Sections 96, 205, 219 and 231(6), `Public Service Act 14
1996'-- 15
omit, insert-- 16
`Public Service Act 2008'. 17
Page 72
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Schedule
Health Practitioner Registration Boards 1
(Administration) Act 1999 2
1 Sections 10(5) and 21, `Public Service Act 1996'-- 3
omit, insert-- 4
`Public Service Act 2008'. 5
Health Quality and Complaints Commission Act 2006 6
1 Sections 151(4), 177(5) and 187, `Public Service Act 7
1996'-- 8
omit, insert-- 9
`Public Service Act 2008'. 10
2 Section 176, note, `Public Service Act 1996'-- 11
omit, insert-- 12
`Public Service Act 2008'. 13
Health Services Act 1991 14
1 Section 2, definition applied law, `Public Service Act 1996 15
as applied, under a regulation under section 22'-- 16
omit, insert-- 17
`Public Service Act 2008 as applied, under a regulation under 18
section 23'. 19
Page 73
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Schedule
2 Section 2, definition directive, paragraph (b), `Public 1
Service Act 1996'-- 2
omit, insert-- 3
`Public Service Act 2008'. 4
3 Section 62F(4), `Public Service Act 1996, section 57'-- 5
omit, insert-- 6
`Public Service Act 2008, section 103'. 7
Hire-purchase Act 1959 8
1 Section 44(1), `Public Service Act 1996'-- 9
omit, insert-- 10
`Public Service Act 2008'. 11
Judicial Review Act 1991 12
1 Schedule 2, section 8(d), `Public Service Act 1996'-- 13
omit, insert-- 14
`Public Service Act 2008'. 15
Page 74
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Schedule
Justices of the Peace and Commissioners for 1
Declarations Act 1991 2
1 Sections 12 and 12A(1), `Public Service Act 1996'-- 3
omit, insert-- 4
`Public Service Act 2008'. 5
Juvenile Justice Act 1992 6
1 Sections 31(1) and 316, `Public Service Act 1996'-- 7
omit, insert-- 8
`Public Service Act 2008'. 9
Land and Resources Tribunal Act 1999 10
1 Schedule 4, definition Public Service Act, `Public Service 11
Act 1996'-- 12
omit, insert-- 13
`Public Service Act 2008'. 14
Land Court Act 2000 15
1 Sections 32B(3), 45(1) and 48(3), `Public Service Act 16
1996'-- 17
omit, insert-- 18
`Public Service Act 2008'. 19
Page 75
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Schedule
Land Tax Act 1915 1
1 Section 4, `Public Service Act 1996'-- 2
omit, insert-- 3
`Public Service Act 2008'. 4
Land Title Act 1994 5
1 Section 6(3), `Public Service Act 1996'-- 6
omit, insert-- 7
`Public Service Act 2008'. 8
Law Reform Commission Act 1968 9
1 Sections 4(3) and 14, `Public Service Act 1996'-- 10
omit, insert-- 11
`Public Service Act 2008'. 12
Legal Aid Queensland Act 1997 13
1 Sections 49(5), 64(3) and 70(3), `Public Service Act 14
1996'-- 15
omit, insert-- 16
`Public Service Act 2008'. 17
Page 76
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Schedule
Legislative Standards Act 1992 1
1 Section 2, definition government entity, `Public Service 2
Act 1996, section 21'-- 3
omit, insert-- 4
`Public Service Act 2008, section 24'. 5
2 Sections 11 and 14(4), `Public Service Act 1996'-- 6
omit, insert-- 7
`Public Service Act 2008'. 8
Libraries Act 1988 9
1 Section 2(1), definition government entity, `Public Service 10
Act 1996, section 21'-- 11
omit, insert-- 12
`Public Service Act 2008, section 24'. 13
2 Section 7(3), `Public Service Act 1996'-- 14
omit, insert-- 15
`Public Service Act 2008'. 16
Local Government Act 1993 17
1 Section 188G, `Public Service Act 1996'-- 18
omit, insert-- 19
`Public Service Act 2008'. 20
Page 77
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Schedule
Local Government (Community Government Areas) 1
Act 2004 2
1 Section 28, `Public Service Act 1996'-- 3
omit, insert-- 4
`Public Service Act 2008'. 5
Magistrates Act 1991 6
1 Sections 5(11), 7(2), 53B(2) and 53C(1), `Public Service 7
Act 1996'-- 8
omit, insert-- 9
`Public Service Act 2008'. 10
Maintenance Act 1965 11
1 Section 68(1), `Public Service Act 1996'-- 12
omit, insert-- 13
`Public Service Act 2008'. 14
Major Sports Facilities Act 2001 15
1 Sections 30AD(3) and 30AF(5), `Public Service Act 16
1996'-- 17
omit, insert-- 18
`Public Service Act 2008'. 19
Page 78
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Schedule
2 Schedule 2, definition government entity, `Public Service 1
Act 1996, section 21'-- 2
omit, insert-- 3
`Public Service Act 2008, section 24'. 4
Marine Parks Act 2004 5
1 Section 144(6), definition public authority, paragraph (a), 6
`Public Service Act 1996'-- 7
omit, insert-- 8
`Public Service Act 2008'. 9
Maritime Safety Queensland Act 2002 10
1 Sections 7(2)(c), 10(2), 11(4) and 12(4), `Public Service 11
Act 1996'-- 12
omit, insert-- 13
`Public Service Act 2008'. 14
Medical Board (Administration) Act 2006 15
1 Sections 10(5) and 21, `Public Service Act 1996'-- 16
omit, insert-- 17
`Public Service Act 2008'. 18
Page 79
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Schedule
Mental Health Act 2000 1
1 Sections 390(4), 395(3), 440(6), 446 and 488(2), `Public 2
Service Act 1996'-- 3
omit, insert-- 4
`Public Service Act 2008'. 5
Mineral Resources Act 1989 6
1 Section 336(1), `Public Service Act 1996'-- 7
omit, insert-- 8
`Public Service Act 2008'. 9
Mining and Quarrying Safety and Health Act 1999 10
1 Sections 71(8), 108(5) and 185(2), `Public Service Act 11
1996'-- 12
omit, insert-- 13
`Public Service Act 2008'. 14
Misconduct Tribunals Act 1997 15
1 Section 40(2), `Public Service Act 1996'-- 16
omit, insert-- 17
`Public Service Act 2008'. 18
Page 80
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Schedule
Motor Accident Insurance Act 1994 1
1 Section 7(2), `Public Service Act 1996'-- 2
omit, insert-- 3
`Public Service Act 2008'. 4
Nursing Act 1992 5
1 Section 39, `Public Service Act 1996'-- 6
omit, insert-- 7
`Public Service Act 2008'. 8
Parliamentary Service Act 1988 9
1 Sections 26A and 39(2)(a), `Public Service Act 1996'-- 10
omit, insert-- 11
`Public Service Act 2008'. 12
Plant Protection Act 1989 13
1 Section 28(1A), `Public Service Act 1996'-- 14
omit, insert-- 15
`Public Service Act 2008'. 16
Page 81
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Schedule
Police Powers and Responsibilities Act 2000 1
1 Section 740(4), `Public Service Act 1996'-- 2
omit, insert-- 3
`Public Service Act 2008'. 4
2 Schedule 6, definition government entity, `Public Service 5
Act 1996, section 21'-- 6
omit, insert-- 7
`Public Service Act 2008, section 24'. 8
Police Service Administration Act 1990 9
1 Section 2.5(1)(b)(ii), `Public Service Act 1996, part 9'-- 10
omit, insert-- 11
`Public Service Act 2008, chapter 5, part 5'. 12
2 Sections 2.5A, 5.18, note, 5A.16(2)(f)(ii), 5A.17(2)(b) and 13
5A.21A(5), `Public Service Act 1996'-- 14
omit, insert-- 15
`Public Service Act 2008'. 16
3 Section 5AA.11(5), definition merit provision, paragraph 17
(b), `Public Service Act 1996, section 78'-- 18
omit, insert-- 19
`Public Service Act 2008, chapter 1, part 4'. 20
Page 82
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Schedule
Professional Engineers Act 2002 1
1 Section 100(2), `Public Service Act 1996'-- 2
omit, insert-- 3
`Public Service Act 2008'. 4
Prostitution Act 1999 5
1 Sections 102(3), 110B(5) and 110L, `Public Service Act 6
1996'-- 7
omit, insert-- 8
`Public Service Act 2008'. 9
2 Section 110A, note, `Public Service Act 1996'-- 10
omit, insert-- 11
`Public Service Act 2008'. 12
Public Health Act 2005 13
1 Sections 81(4), 109(4), 223(4) and 241(4), `Public Service 14
Act 1996, section 57'-- 15
omit, insert-- 16
`Public Service Act 2008, section 103'. 17
Page 83
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Schedule
Public Records Act 2002 1
1 Sections 22 and 29(3)(c), `Public Service Act 1996'-- 2
omit, insert-- 3
`Public Service Act 2008'. 4
Public Sector Ethics Act 1994 5
1 Sections 24(a) and 37(4), `Public Service Act 1996'-- 6
omit, insert-- 7
`Public Service Act 2008'. 8
2 Schedule, definition government entity, `Public Service 9
Act 1996, section 21'-- 10
omit, insert-- 11
`Public Service Act 2008, section 24'. 12
3 Schedule, definition public service office, `Public Service 13
Act 1996, section 17'-- 14
omit, insert-- 15
`Public Service Act 2008, section 21(1)'. 16
4 Schedule, definition senior executive officer-- 17
omit, insert-- 18
`senior executive officer means an officer employed under the 19
Public Service Act 2008 as a senior executive.'. 20
5 Schedule, definition senior officer-- 21
omit, insert-- 22
Page 84
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Schedule
`senior officer means an officer employed under the Public 1
Service Act 2008 as a senior officer.'. 2
6 Schedule, definition statutory office, `Public Service Act 3
1996, section 108'-- 4
omit, insert-- 5
`Public Service Act 2008, section 139'. 6
Public Trustee Act 1978 7
1 Sections 9(9) and 11, `Public Service Act 1996'-- 8
omit, insert-- 9
`Public Service Act 2008'. 10
Queensland Art Gallery Act 1987 11
1 Section 2, definition government entity, `Public Service 12
Act 1996, section 21'-- 13
omit, insert-- 14
`Public Service Act 2008, section 24'. 15
2 Section 6(3), `Public Service Act 1996'-- 16
omit, insert-- 17
`Public Service Act 2008'. 18
Page 85
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Schedule
Queensland Building Services Authority Act 1991 1
1 Sections 29D(3) and 29F(5), `Public Service Act 1996'-- 2
omit, insert-- 3
`Public Service Act 2008'. 4
2 Schedule 2, definition government entity, `Public Service 5
Act 1996, section 21'-- 6
omit, insert-- 7
`Public Service Act 2008, section 24'. 8
Queensland Competition Authority Act 1997 9
1 Section 223(3), `Public Service Act 1996'-- 10
omit, insert-- 11
`Public Service Act 2008'. 12
Queensland Heritage Act 1992 13
1 Schedule, definition government entity, `Public Service 14
Act 1996, section 21'-- 15
omit, insert-- 16
`Public Service Act 2008, section 24'. 17
Page 86
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Schedule
Queensland Museum Act 1970 1
1 Section 2, definition government entity, `Public Service 2
Act 1996, section 21'-- 3
omit, insert-- 4
`Public Service Act 2008, section 24'. 5
2 Section 6(3), `Public Service Act 1996'-- 6
omit, insert-- 7
`Public Service Act 2008'. 8
Queensland Performing Arts Trust Act 1977 9
1 Sections 6(3) and 37(3), `Public Service Act 1996'-- 10
omit, insert-- 11
`Public Service Act 2008'. 12
Queensland Theatre Company Act 1970 13
1 Sections 6(3) and 36(3), `Public Service Act 1996'-- 14
omit, insert-- 15
`Public Service Act 2008'. 16
Page 87
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Schedule
Queensland Treasury Corporation Act 1988 1
1 Section 11(2), `Public Service Act 1996'-- 2
omit, insert-- 3
`Public Service Act 2008'. 4
Security Providers Act 1993 5
1 Section 6(5), definition independent investigator, `Public 6
Service Act 1996'-- 7
omit, insert-- 8
`Public Service Act 2008'. 9
Small Claims Tribunals Act 1973 10
1 Sections 5(2) and 15(2), `Public Service Act 1996'-- 11
omit, insert-- 12
`Public Service Act 2008'. 13
Solicitor-General Act 1985 14
1 Sections 5(5), 7(5), 10 and 20(1), `Public Service Act 15
1996'-- 16
omit, insert-- 17
`Public Service Act 2008'. 18
Page 88
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Schedule
South Bank Corporation Act 1989 1
1 Section 3, definition government entity, `Public Service 2
Act 1996, section 21'-- 3
omit, insert-- 4
`Public Service Act 2008, section 24'. 5
2 Sections 31E(3) and 31G(5), `Public Service Act 1996'-- 6
omit, insert-- 7
`Public Service Act 2008'. 8
South East Queensland Water (Restructuring) Act 9
2007 10
1 Schedule 3, definition government entity, `Public Service 11
Act 1996, section 21'-- 12
omit, insert-- 13
`Public Service Act 2008, section 24'. 14
2 Schedule 3, definition senior executive, `Public Service 15
Act 1996'-- 16
omit, insert-- 17
`Public Service Act 2008'. 18
Page 89
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Schedule
State Buildings Protective Security Act 1983 1
1 Section 11, `Public Service Act 1996'-- 2
omit, insert-- 3
`Public Service Act 2008'. 4
State Penalties Enforcement Act 1999 5
1 Section 10, `Public Service Act 1996'-- 6
omit, insert-- 7
`Public Service Act 2008'. 8
Stock Act 1915 9
1 Section 5(2), `Public Service Act 1996'-- 10
omit, insert-- 11
`Public Service Act 2008'. 12
Superannuation (State Public Sector) Act 1990 13
1 Sections 15I(3) and 31A(5), `Public Service Act 1996'-- 14
omit, insert-- 15
`Public Service Act 2008'. 16
Page 90
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Schedule
Supreme Court of Queensland Act 1991 1
1 Section 119C(2), `Public Service Act 1996'-- 2
omit, insert-- 3
`Public Service Act 2008'. 4
Survey and Mapping Infrastructure Act 2003 5
1 Schedule, definition public authority, paragraph (a), 6
`Public Service Act 1996'-- 7
omit, insert-- 8
`Public Service Act 2008'. 9
Taxation Administration Act 2001 10
1 Schedule 2, definition senior executive, `Public Service 11
Act 1996'-- 12
omit, insert-- 13
`Public Service Act 2008'. 14
Terrorism (Preventative Detention) Act 2005 15
1 Section 62(2), third dot point, `Public Service Act, section 16
57'-- 17
omit, insert-- 18
`Public Service Act 2008, section 103'. 19
Page 91
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Schedule
Torres Strait Islander Land Act 1991 1
1 Sections 87(3) and 124, `Public Service Act 1996'-- 2
omit, insert-- 3
`Public Service Act 2008'. 4
Tourism Queensland Act 1979 5
1 Section 2, definition government entity, `Public Service 6
Act 1996, section 21'-- 7
omit, insert-- 8
`Public Service Act 2008, section 24'. 9
2 Sections 20A(3), 29AD(3) and 29AF(5), `Public Service Act 10
1996'-- 11
omit, insert-- 12
`Public Service Act 2008'. 13
Trade Measurement Administration Act 1990 14
1 Section 5(1), `Public Service Act 1996'-- 15
omit, insert-- 16
`Public Service Act 2008'. 17
Page 92
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Schedule
Transport Operations (Marine Safety) Act 1994 1
1 Section 36, `Public Service Act 1996'-- 2
omit, insert-- 3
`Public Service Act 2008'. 4
Transport Operations (TransLink Transit Authority) 5
Act 2008 6
1 Sections 20(3), 34(4) and 38(2), `Public Service Act 7
1996'-- 8
omit, insert-- 9
`Public Service Act 2008'. 10
2 Schedule 2, definition government entity, `Public Service 11
Act 1996, section 21'-- 12
omit, insert-- 13
`Public Service Act 2008, section 24'. 14
Transport Planning and Coordination Act 1994 15
1 Section 23(1), note, first dot point, `Public Service Act 16
1996, especially section 51'-- 17
omit, insert-- 18
`Public Service Act 2008, especially section 98'. 19
Page 93
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Schedule
Trust Accounts Act 1973 1
1 Section 26A(1), `Public Service Act 1996'-- 2
omit, insert-- 3
`Public Service Act 2008'. 4
Urban Land Development Authority Act 2007 5
1 Sections 105(4), 120(3) and 122(2), `Public Service Act 6
1996'-- 7
omit, insert-- 8
`Public Service Act 2008'. 9
2 Schedule, definition government entity, `Public Service 10
Act 1996, section 21'-- 11
omit, insert-- 12
`Public Service Act 2008, section 24'. 13
Valuers Registration Act 1992 14
1 Section 17(2), `Public Service Act 1996'-- 15
omit, insert-- 16
`Public Service Act 2008'. 17
Page 94
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Schedule
Veterinary Surgeons Act 1936 1
1 Section 14(2), `Public Service Act 1996'-- 2
omit, insert-- 3
`Public Service Act 2008'. 4
Vocational Education, Training and Employment Act 5
2000 6
1 Section 220X(2)(b), `Public Service Act 1996'-- 7
omit, insert-- 8
`Public Service Act 2008'. 9
2 Schedule 3, definition government entity, `Public Service 10
Act 1996, section 21'-- 11
omit, insert-- 12
`Public Service Act 2008, section 24'. 13
Water Act 2000 14
1 Sections 147(3), 628(3) and 630(5), `Public Service Act 15
1996'-- 16
omit, insert-- 17
`Public Service Act 2008'. 18
Page 95
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Schedule
2 Schedule 4, definition government entity, `Public Service 1
Act 1996, section 21'-- 2
omit, insert-- 3
`Public Service Act 2008, section 24'. 4
Wet Tropics World Heritage Protection and 5
Management Act 1993 6
1 Sections 23 and 33, `Public Service Act 1996'-- 7
omit, insert-- 8
`Public Service Act 2008'. 9
Workers' Accommodation Act 1952 10
1 Section 7(1), `Public Service Act 1996'-- 11
omit, insert-- 12
`Public Service Act 2008'. 13
© State of Queensland 2009
Page 96
AMENDMENTS TO BILL
Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector
Ethics) Amendment Bill 2009
Criminal Code and Other Legislation
(Misconduct, Breaches of Discipline and
Public Sector Ethics) Amendment Bill
2009
Amendments agreed to during Consideration
1 After clause 79 (Amendment of s 27 (Who are designated
persons))--
At page 58, after line 17--
insert--
`79A Amendment of s 30 (Designated person about whom
advice may be sought)
`(1) Section 30(2), after `person'--
insert--
`other than a non-government member'.
`(2) Section 30--
insert--
`(2A) The Leader of the Opposition may seek advice about a
conflict of interest issue involving a non-government member
who is a member of the political party to which the Leader of
the Opposition belongs.'.'.
2 Clause 81 (Amendment of schedule (Dictionary))--
Page 59, line 6--
omit, insert--
`Leader of the Opposition means the member of the
Legislative Assembly recognised in the Assembly as the
Leader of the Opposition.
non-government member means a member of the
Legislative'.
Page 1
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