Queensland Consolidated Acts

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DIRECTOR OF PUBLIC PROSECUTIONS ACT 1984 - SECT 22

22 Authority of Governor in Council to remove etc.

(1) If, having regard to the statement of grounds furnished to the Governor in Council in accordance with section 21(3)(a) and the cause (if any) shown in accordance with section 21(4), the Governor in Council is satisfied--

(a) that all or any of the grounds have or has been established and are or is such that the person suspended from office should be removed from the office of deputy director; or
(b) that all or any of the grounds have or has been established and are or is such that the person suspended from office should be penalised but should not be removed from the office of deputy director; or
(c) that none of the grounds has been established, or that all or any of the grounds have or has been established but are or is such that no further action should be taken in respect of the matter;

the Governor in Council shall--

(d) in the case referred to in paragraph (a)--direct that the person concerned be removed from the office of deputy director;
(e) in the case referred to in paragraph (b)--direct that the suspension in question be terminated and further direct--
(i) that the salary of the person concerned be reduced from a date and to a rate specified by the Governor in Council but so that, where a minimum rate of salary is payable to the holder of the office in question, the rate specified shall be not less than that minimum rate; or
(ii) that the person concerned be required to pay a sum specified by the Governor in Council not exceeding $1000, by way of deduction from that person's salary or in such other way as that person nominates; or
(iii) that the person concerned be reprimanded or cautioned;
(f) in the case referred to in paragraph (c)--direct that the suspension in question be terminated.

(2) A direction given by the Governor in Council under subsection (1) shall be given effect as soon as is practicable and in accordance with law and the Minister shall take or cause to be taken all such steps as are appropriate for that purpose.

(3) Where a suspension of a person from the office of deputy director has been terminated, otherwise than by the person being removed from the office--

(a) the continuity of the person's service in that office shall be taken to have not been broken by reason of the suspension; and
(b) subject to giving effect to any direction of the Governor in Council that affects the person's salary or allowances, the person shall be entitled to be paid all salary and allowances (if any) to which the person would have been entitled had the person not been suspended.

(4) Removal from the office of deputy director under this section shall be by way of notification in writing signed by the Minister and given to the office holder in question personally or by post.



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