Queensland Consolidated Acts

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CRIME AND MISCONDUCT ACT 2001 - SECT 50

50 Commission may prosecute official misconduct

(1) This section applies if the commission reports to the chief executive officer of a unit of public administration under section 49 that--

(a) a complaint, matter or information involves, or may involve, official misconduct by a prescribed person in the unit; and
(b) there is evidence supporting a charge of a disciplinary nature of official misconduct against the prescribed person.

(2) The commission may charge the prescribed person with the relevant official misconduct by way of a disciplinary charge.

(3) The charge may be dealt with only by a misconduct tribunal.

(4) For the definition prescribed person, paragraph (b), a regulation may not declare a court or the police service to be a unit of public administration that is subject to the jurisdiction of a misconduct tribunal.

(5) In this section--

prescribed person means--

(a) a member of the police service; or
(b) a person (other than a judge or holder of judicial office or a member of the police service) who holds an appointment in a unit of public administration, which appointment or unit is declared by regulation to be subject to the jurisdiction of a misconduct tribunal.


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