1 Short title

This Act may be cited as the Crime and Corruption and Other Legislation Amendment Act 2018.

2 Commencement

Sections 5, 6 and 44 commence on a day to be fixed by proclamation.

3 Act amended

This part amends the Crime and Corruption Act 2001.

4 Amendment of s 13 (Purpose of div 2)

Section 13, note, ‘ section 33 (b)’—

omit, insert—

5 Amendment of s 15 (Meaning of corrupt conduct)

(1) Section 15 (1)(c)—omit.

(2) Section 15 (1)(d)—renumber as section 15 (1)(c).

(3) Section 15 (2)—omit, insert—

(2)
"Corrupt conduct" also means conduct of a person, regardless of whether the person holds or held an appointment, that—

(a) impairs, or could impair, public confidence in public administration; and

(b) involves, or could involve, any of the following—

(i) collusive tendering;

(ii) fraud relating to an application for a licence, permit or other authority under an Act with a purpose or object of any of the following (however described)—

(A) protecting health or safety of persons;

(B) protecting the environment;

(C) protecting or managing the use of the State’s natural, cultural, mining or energy resources;

(iii) dishonestly obtaining, or helping someone to dishonestly obtain, a benefit from the payment or application of public funds or the disposition of State assets;

(iv) evading a State tax, levy or duty or otherwise fraudulently causing a loss of State revenue;

(v) fraudulently obtaining or retaining an appointment; and

(c) would, if proved, be—

(i) a criminal offence; or

(ii) a disciplinary breach providing reasonable grounds for terminating the person’s services, if the person is or were the holder of an appointment.

6 Amendment of s 16 (Conduct happening over time, or at any time, may be corrupt conduct)

(1) Section 16 (1)(a) and (b), ‘commencement of this Act’—omit, insert—relevant commencement

(2) Section 16 —insert—

(3) In this section—

"relevant commencement" means—

(a) generally—the commencement of this Act; and

(b) for corrupt conduct under section 15(2)—the commencement of that subsection.

7 Amendment of s 33 (Commission’s corruption functions)

Section 33 —

insert—

(2) The commission’s
"corruption functions" also include—

(a) investigating and otherwise dealing with—

(i) conduct liable to allow, encourage or cause corrupt conduct; and

(ii) conduct connected with corrupt conduct; and

(b) investigating whether corrupt conduct or conduct mentioned in paragraph (a)(i) or (ii) may have happened, may be happening or may happen.

8 Amendment of s 35 (How commission performs its corruption functions)

(1) Section 35 (1)(f), from ‘initiative’—omit, insert—initiative—

(i) the incidence, or particular cases, of corruption throughout the State; or

(ii) the matters mentioned in section 33(2);

(2) Section 35 (3), ‘ section 33 (b)’—omit, insert—section 33(1)(b)

9 Insertion of new s 40A

Chapter 2, part 3, division 3 —

insert—

40A Record of alleged corrupt conduct not notified

(1) This section applies if a public official decides that a complaint, or information or matter, about alleged corrupt conduct is not required to be notified to the commission under section 38.

(2) The public official must make a record of the decision.

(3) The record must include—

(a) the details of the complaint or information or matter; and

(b) the evidence on which the public official relied in making the decision; and

(c) any other reasons for the decision.

(4) The commission may ask a public official to give the commission access to a record made under this section in a stated way and by a stated time.

(5) A public official must comply with a request made of the official under subsection (4).

10 Amendment of ch 2, pt 3, div 4, hdg (Dealing with complaints)

Chapter 2, part 3, division 4, heading, after ‘complaints’—

insert —

and other matters

11 Insertion of new s 46A

After section 46 —

insert—

46A Dealing with matters mentioned in s 33(2)

(1) This section applies to a matter mentioned in section 33(2).

(2) The commission deals with the matter by—

(a) assessing the matter; and

(b) if the commission considers it appropriate, investigating the matter; and

(c) taking the action the commission considers most appropriate in the circumstances having regard to the public interest principle set out in section 34(d).

(3) For dealing with the matter, the commission may require a public official to provide stated information about the matter in the way and at the times the commission directs.

(4) A public official must comply with a requirement made under subsection (3).

12 Amendment of s 49 (Reports about complaints dealt with by the commission)

(1) Section 49 (2)(a)—omit, insert—

(a) a prosecuting authority, for the purposes of any prosecution proceedings the authority considers warranted;

(2) Section 49 (5)—omit, insert—

(5) In this section—

"prosecuting authority" does not include the director of public prosecutions.

13 Amendment of s 50 (Commission may prosecute corrupt conduct)

(1) Section 50 (3)—omit.

(2) Section 50 (4), definition
"prescribed appointment" —omit.

(3) Section 50 (4), definition
"prescribed person", paragraph (b)(i) and (ii)—omit, insert—

(i) who holds an appointment in a unit of public administration; or

(ii) who held an appointment in a unit of public administration that ended after the corrupt conduct happened, regardless of whether the appointment ended before or after the start of a disciplinary proceeding for the conduct.

(4) Section 50 (4)—renumber as section 50 (3).

14 Replacement of s 55 (Sharing of intelligence information)

Section 55 —

omit, insert—

55 Access to intelligence information held by police service The commissioner of police must give the chairperson access to intelligence information held by the police service as required by the chairperson as soon as possible after receiving the request.

15 Replacement of s 60 (Commission may give evidence or information to other entities)

Section 60 —

omit, insert—

60 Use and disclosure of information, document or thing

(1) The commission may use any information, document or thing in the commission’s possession in performing the commission’s functions.

(2) The commission may give intelligence information or other information to any entity the commission considers appropriate, including, for example—

(a) a unit of public administration; and

(b) a law enforcement agency; and

(c) the auditor-general; and

(d) a commissioner under the Electoral Act 1992; and

(e) the ombudsman.

16 Omission of s 62 (Restriction on access)

Section 62 —

omit.

17 Insertion of new s 71A

Chapter 2, part 6, division 5 —

insert—

71A Report containing adverse comment

(1) This section applies if the commission proposes to make an adverse comment about a person in a report to be tabled in the Legislative Assembly, or published to the public, under this Act.

(2) The commission must not make the proposed adverse comment unless, before the report is prepared, the commission gives the person an opportunity to make submissions about the proposed adverse comment.

(3) If the person makes submissions and the commission still proposes to make the adverse comment, the commission must ensure the person’s submissions are fairly stated in the report.

18 Amendment of s 197 (Restriction on use of privileged answers, documents, things or statements disclosed or produced under compulsion)

Section 197 —

insert—

(7) Subsection (2) does not prevent any information, document or other thing obtained as a direct or indirect consequence of the individual giving or producing the answer, document, thing or statement from being admissible in evidence against the individual in a civil, criminal or administrative proceeding.

19 Amendment of s 219BA (Meaning of reviewable decision)

(1) Section 219BA (2), definition
"disciplinary declaration" —insert—

(c) the Ambulance Service Act 1991, section 18I; or

(d) the Fire and Emergency Services Act 1990, section 30H.

(2) Section 219BA (2), definition
"prescribed person", ‘ section 50 (4)’—omit, insert—section 50(3)

(3) Section 219BA (2), definition
"prescribed person", paragraph (b), ‘an appeal’—omit, insert—a proceeding for a reviewable decision

(4) Section 219BA (2), definition
"prescribed person", paragraph (b)(ii), ‘appeal’—omit, insert—review

20 Amendment of s 219DA (QCAT hearing in relation to prescribed person whose employment or appointment has ended)

Section 219DA, ‘ section 50 (4)’—

omit, insert—

section 50(3)

21 Amendment of s 219G (Proceedings relating to reviewable decisions)

Section 219G (2), ‘14 days’—

omit, insert—

28 days

22 Amendment of s 219I (Powers for corrupt conduct)

Section 219I (1AA), ‘ section 50 (4)’—

omit, insert—

section 50(3)

23 Amendment of s 219IA (QCAT powers for prescribed persons whose employment or appointment ends)

Section 219IA (1), ‘ section 50 (4)’—

omit, insert—

section 50(3)

24 Amendment of s 219J (Additional power for reviewable decisions)

(1) Section 219J —insert—

(2A) Subject to subsection (4), if the reviewable decision involved the making of, or failure to make, a disciplinary declaration, the discipline that QCAT may impose under subsection (2) includes making a disciplinary declaration.

(2) Section 219J (6), definitions
"decision" and discipline—omit.

(3) Section 219J (6), definition
"disciplinary declaration", paragraph (a)—omit, insert—

(a) for a reviewable decision, a disciplinary declaration as defined under section 219BA(2); or

(4) Section 219J (6), definition
"disciplinary declaration", paragraph (b), ‘on appeal’—omit, insert—by QCAT on review

(5) Section 219J (2A) to (6)—renumber as section 219J (3) to (7).

25 Amendment of s 269 (Delegation—commission)

Section 269 (6), entries for sections 60 and 62—

omit.

26 Insertion of new ch 6, pt 1, div 9, sdiv 1, hdg

Chapter 6, part 1, division 9 —

insert—

27 Amendment of s 273A (Definitions for div 9)

Section 273A —

insert—

"prescribed employee" means a prescribed employee under the Public Service Act 2008, section 186A, other than a relevant commission officer.

"relevant employee" means—

(a) a public service employee; or

(b) a prescribed employee.

28 Insertion of new s 273AA and ch 6, pt 1, div 9, sdiv 2, hdg

After section 273A —

insert—

273AA References to relevant employees

(1) This section provides for the meaning of particular terms used in this division relating to a person who is or was a relevant employee.

(2) A reference to the person’s current or previous chief executive is a reference to—

(a) for a person who is or was a public service employee—the chief executive of the department in which the person is or was employed as a public service employee; or

(b) for a person who is or was a prescribed employee—the person’s current or previous chief executive under the Public Service Act 2008, section 186B(2).

(3) A reference to a relevant disciplinary law for the person is a reference to any of the following—

(a) the Public Service Act 2008, chapter 6;

(b) a law that is a relevant disciplinary law for the person under the Public Service Act 2008, section 186B(3).

(4) In subdivision 3—

(a) a reference to a relevant disciplinary ground for the person is a reference to a disciplinary ground under a relevant disciplinary law for the person; and

(b) a reference to a disciplinary finding in relation to a relevant disciplinary ground for the person is a reference to a finding that a relevant disciplinary ground for the person exists.

29 Amendment of s 273C (Disciplinary action that may be taken against a relevant commission officer)

Section 273C, heading, after ‘officer’—

insert—

generally

30 Insertion of new ch 6, pt 1, div 9, sdiv 3 and ch 6, pt 1, div 9, sdiv 4, hdg

After section 273C —

insert—

31 Amendment of s 273D (Disciplinary action that may be taken against a former relevant commission officer)

(1) Section 273D —insert—

(1A) However, this section does not apply in relation to a person who is a former relevant commission officer if the chief executive officer is aware—

(a) the person is a relevant employee; and

(b) the person’s current or previous chief executive has taken, is taking, or intends to take disciplinary action against the person, under a relevant disciplinary law, in relation to the disciplinary ground.

(2) Section 273D (4), ‘ subsections (2) and (3)’—omit, insert—subsections (3) and (4)

(3) Section 273D (1A) to (7)—renumber as section 273D (2) to (8).

32 Insertion of new ch 6, pt 1, div 9, sdiv 5 and ch 6, pt 1, div 9, sdiv 6, hdg

After section 273D —

insert—

33 Amendment of ch 6, pt 1, div 10, hdg (Additional provision about senior officers and commission staff and agents)

Chapter 6, part 1, division 10, heading, ‘Additional provision’—

omit, insert—

Other provisions

34 Insertion of new s 273H

Chapter 6, part 1, division 10 —

insert—

273H Relevant prosecuting authority to notify chief executive officer of prosecution proceeding

(1) This section applies if—

(a) the commissioner of police or the director of public prosecutions (a
"relevant prosecuting authority") is aware a person charged with a relevant offence is a relevant commission officer; and

(b) a relevant event happens in relation to the person.

(2) The relevant prosecuting authority must, within the relevant period for the relevant event, give the chief executive officer a notice stating each of the following matters—

(a) the person’s name;

(b) the date the relevant event happened;

(c) particulars of the relevant offence to which the relevant event relates;

(d) if the relevant event is that the person is committed by a court for trial for a relevant offence—

(i) the court that committed the person for trial; and

(ii) the court to which the person was committed;

(e) if the relevant event is that the person is convicted by a court of a relevant offence—

(i) the court that convicted the person; and

(ii) the sentence imposed by the court;

(f) if the relevant event is that an appeal against a conviction of the person for a relevant offence has been decided—

(i) the court in which the appeal was decided; and

(ii) the particulars of the decision;

(g) if the relevant event is that the prosecution of the person for a relevant offence has ended in a court, without the person being convicted of the offence—the court in which the prosecution of the person ended.

(3) In this section—

"relevant event", for a person charged with a relevant offence, means—

(a) the person is committed by a court for trial for a relevant offence; or

(b) the person is convicted by a court of a relevant offence; or

(c) if the person is convicted as mentioned in paragraph (b) and the person appealed against the conviction—the appeal is finally decided or has otherwise ended; or

(d) the prosecution of the person for the relevant offence ends without the person being convicted of a relevant offence because—

(i) a nolle prosequi is entered on the indictment presented against the person for the offence; or

(ii) the person is acquitted of the offence; or

(iii) the prosecution of the person otherwise ends.

"relevant offence" means—

(a) an indictable offence; or

(b) a disqualifying offence within the meaning of the Working with Children (Risk Management and Screening) Act 2000, section 168, that is not an indictable offence.

"relevant period", for a relevant event, means—

(a) generally—7 days after the event happens; or

(b) if the relevant event is the conviction of a person for a relevant offence—7 days after the court imposes a sentence for the offence.

35 Amendment of s 278 (Membership of reference committee)

Section 278 (1)(a) and (b)—

omit, insert—

(a) the chairperson of the commission, who is the chairperson of the reference committee;

(b) the senior executive officer (crime);

36 Insertion of new s 279A

After section 279 —

insert —

279A Delegation of functions of committee chairperson

(1) The chairperson of the commission may delegate his or her functions as chairperson of the reference committee to the senior executive officer (crime).

(2) If the chairperson of the commission delegates functions as mentioned in subsection (1), the senior executive officer (crime) is taken to be the chairperson of the reference committee.

(3) This section applies even if the chairperson has appointed a deputy under section 279(1).

(4) In this section—

"functions" includes powers.

37 Amendment of s 285 (Times and places of meetings)

Section 285, ‘senior executive officer (crime)’—

omit, insert—

chairperson of the reference committee

38 Replacement of s 287 (Presiding at meetings)

Section 287 —

omit, insert—

287 Presiding at meetings

(1) The chairperson of the reference committee is to preside at all meetings at which the chairperson is present.

(2) If the chairperson of the reference committee is absent from a meeting, the following person is to preside at the meeting—

(a) if the chairperson of the reference committee is the chairperson of the commission and the senior executive officer (crime) is present at the meeting—the senior executive officer (crime);

(b) if the chairperson of the reference committee is the senior executive officer (crime) and the chairperson of the commission is present at the meeting—the chairperson of the commission;

(c) otherwise—the committee member chosen by the committee members.

39 Amendment of s 294 (Directions by parliamentary committee to undertake investigation)

Section 294 (1), ‘involving corruption’—

omit, insert—

falling within the commission’s corruption functions

40 Amendment of s 332 (Judicial review of commission’s activities in relation to corrupt conduct)

Section 332 (9)—

insert—

"commission investigation into corrupt conduct" includes an investigation of a matter mentioned in section 33(2).

41 Replacement of s 335 (Protecting officials and others from liability)

Section 335 —

omit, insert—

335 Protection of officials and others from liability

(1) This section applies to each of the following entities (each a
"protected entity")—

(a) the commission;

(b) a person who is—

(i) a commission officer; or

(ii) a person acting under the direction of a commission officer;

(c) a person who was a person of a type mentioned in paragraph (b) at the time the person engaged in conduct in an official capacity.

(2) A protected entity does not incur civil liability for engaging, or for the result of engaging, in conduct in an official capacity.

(3) If subsection (2) prevents liability attaching to a protected entity, the liability attaches instead to the State.

(4) If liability attaches to the State under subsection (3), the State may recover contribution from the protected entity but only if the conduct was engaged in—

(a) other than in good faith; and

(b) with gross negligence.

(5) In a proceeding under subsection (4) to recover contribution, the amount of contribution recoverable is the amount found by the court to be just and equitable in the circumstances.

(6) In a proceeding for defamation, there is a defence of absolute privilege for a publication to or by the commission or a commission officer made for the purpose of performing the commission’s functions.

(7) In this section—

"civil liability", of a protected entity for engaging, or for the result of engaging, in conduct in an official capacity, means liability of any type for the payment of an amount by the entity because of—

(a) a claim based in tort, contract or another form of action in relation to the conduct or result, including, for example, breach of statutory duty or defamation and, for a fatal injury, includes a claim for the deceased’s dependants or estate; or

(b) a complaint made under a law that provides a person may complain about the conduct or result to an entity established under the law, other than a complaint to start criminal proceedings, including, for example, a complaint under the Justices Act 1886; or

(c) an order of a court to pay costs relating to a proceeding for an offence against a law in relation to the conduct or result, unless the proceeding was for an offence by the protected entity.

Examples of types of liability—

• a liability because of an agreement or an order under the Anti-Discrimination Act 1991 or the Australian Human Rights Commission Act 1986 (Cwlth) requiring payment of an amount to a complainant (however described) under the Act

• a liability because of an obligation under an agreement to settle a proceeding, or an order of a court or tribunal, to do something that involves paying an amount, including an obligation to rectify damage to a building or to publish an apology in a newspaper

"conduct" means an act or an omission to perform an act.

"engage in conduct in an official capacity" means engage in conduct as part of, or otherwise in connection with, an entity’s function or role as a protected entity, including, for example, engaging in conduct under or purportedly under this Act.

42 Amendment of s 346B (Declarations etc. relating to inquiry public records)

Section 346B (2)(a), ‘ sections 62 and’—

omit, insert—

section

43 Insertion of new ch 8, pt 15

Chapter 8 —

insert—

44 Insertion of new ch 8, pt 15, div 2

Chapter 8, part 15, as inserted by this Act—

insert—

45 Amendment of sch 2 (Dictionary)

(1) Schedule 2, definition
"prescribed person", ‘and (4)’—omit.

(2) Schedule 2 —insert—

"prescribed employee", for chapter 6, part 1, division 9, see section 273A.

"relevant employee", for chapter 6, part 1, division 9, see section 273A.

46 Act amended

This part amends the Ambulance Service Act 1991.

47 Amendment of s 2 (Definitions)

Section 2, ‘the schedule’—

omit, insert—

schedule 1

48 Insertion of new pt 2, div 4, sdiv 1A

Part 2, division 4, before subdivision 1 —

insert—

18AA Definitions for division In this division—

"prescribed employee" means a prescribed employee under the Public Service Act 2008, section 186A, other than a service officer.

"relevant employee" means—

(a) a public service employee; or

(b) a prescribed employee.

18AB References to relevant employees

(1) This section provides for the meaning of particular terms used in this division relating to a person who is or was a relevant employee.

(2) A reference to the person’s current or previous chief executive is a reference to—

(a) for a person who is or was a public service employee—the chief executive of the department in which the person is or was employed as a public service employee; or

(b) for a person who is or was a prescribed employee—the person’s current or previous chief executive under the Public Service Act 2008, section 186B(2).

(3) A reference to a relevant disciplinary law for the person is a reference to any of the following—

(a) the Public Service Act 2008, chapter 6;

(b) a law that is a relevant disciplinary law for the person under the Public Service Act 2008, section 186B(3).

(4) In subdivision 2—

(a) a reference to a relevant disciplinary ground for the person is a reference to a disciplinary ground under a relevant disciplinary law for the person; and

(b) a reference to a disciplinary finding in relation to a relevant disciplinary ground for the person is a reference to a finding that a relevant disciplinary ground for the person exists.

49 Amendment of pt 2, div 4, sdiv 2, hdg (Disciplinary action against a service officer who was a public service employee or fire service officer)

Part 2, division 4, subdivision 2, heading—

omit, insert—

50 Amendment of s 18C (Application of sdiv 2)

(1) Section 18C (1) and (2)—omit, insert—

(1) This subdivision applies if—

(a) a person is a relevant employee and a relevant disciplinary ground arises in relation to the person; and

(b) after the relevant disciplinary ground arises, the person changes employment from employment as a relevant employee to employment under section 13.

(2) Section 18C (3), from ‘under’, including note—omit, insert—under a relevant disciplinary law in relation to the relevant disciplinary ground.

(3) Section 18C (4), from ‘a department’ to ‘officer,’—omit, insert—employment as a relevant employee

(4) Section 18C (4)(a), from ‘in the department’ to ‘officer’—omit, insert—as a relevant employee

(5) Section 18C (4)(b), from ‘commissioner’ to ‘the person’—omit, insert—person’s transfer or redeployment

(6) Section 18C (4), note—omit.

(7) Section 18C (3) and (4)—renumber as section 18C (2) and (3).

51 Omission of s 18D (Definitions for sdiv 2)

Section 18D —

omit.

52 Amendment of s 18E (Action previous chief executive may take)

(1) Section 18E (1) and (2)—omit, insert—

(1) The person’s previous chief executive may make a disciplinary finding about the relevant disciplinary ground for this subdivision.

(2) The previous chief executive may take disciplinary action about the relevant disciplinary ground as provided under section 18F(1).

(2) Section 18E (3), ‘employing’—omit, insert—person’s current

(3) Section 18E (4), ‘employing’—omit, insert—current

53 Amendment of s 18F (Action employing chief executive may take)

(1) Section 18F, heading, ‘employing’—omit, insert—current

(2) Section 18F (1)(a) and (2)(a), before ‘previous’—insert—person’s

(3) Section 18F (1)(b) and (2)(a), ‘employing’—omit, insert—person’s current

(4) Section 18F (1) and (2), ‘employing chief executive may’—omit, insert—current chief executive may

(5) Section 18F (2)(b), ‘employing’—omit, insert—current

54 Amendment of s 18G (Declaration if same chief executive is the previous chief executive and employing chief executive)

Section 18G, ‘employing’—

omit, insert—

current

55 Amendment of s 18H (Application of sdiv 3)

Section 18H (2)—

omit, insert—

(2) However, this subdivision does not apply in relation to a person who is a former service officer if the chief executive is aware—

(a) the person is a relevant employee; and

(b) the person’s current or previous chief executive has taken, is taking, or intends to take disciplinary action against the person, under a relevant disciplinary law, in relation to the disciplinary ground.

56 Amendment of s 18J (Information about disciplinary action to be given by chief executive)

(1) Section 18J (1)(a), from ‘the chief executive of’ to ‘asks’—omit, insert—a relevant official asks

(2) Section 18J (1)(b), ‘other chief executive to’—omit, insert—relevant official to

(3) Section 18J (1)(b)(i), ‘other chief executive’—omit, insert—official

(4) Section 18J (1)(b)(ii), from ‘other’—omit, insert—official is considering in relation to the person under a relevant disciplinary law.

(5) Section 18J (2), ‘other chief executive’—omit, insert—relevant official

(6) Section 18J (3), definition
"disciplinary information", from ‘in relation’ to ‘a person’—omit, insert—about a person

(7) Section 18J (3), definition
"relevant Act" —omit.

(8) Section 18J (3)—insert—

"relevant official" means—

(a) the chief executive of a department; or

(b) the chief executive (however described) of an entity whose employees are prescribed employees.

57 Amendment of s 18K (Information about disciplinary action to be given to chief executive)

(1) Section 18K (1)(a)—omit, insert—

(a) the chief executive (the
"ambulance chief executive") asks a relevant official for disciplinary information the official has about a person who is or was a relevant employee; and

(2) Section 18K (2), ‘other chief executive must’—omit, insert—relevant official must

(3) Section 18K (2), ‘other chief executive is’—omit, insert—official is

(4) Section 18K (3), definition
"disciplinary information", from ‘in relation’ to ‘entity’—omit, insert—about a person, means information about the following made or taken against the person under a public sector disciplinary law by a relevant official or another entity

(5) Section 18K (3)—insert—

"relevant official" means—

(a) the chief executive of a department; or

(b) the chief executive (however described) of an entity whose employees are prescribed employees.

58 Amendment of s 18L (Use of particular information about disciplinary action obtained by chief executive in another capacity)

(1) Section 18L (1)(a)—omit, insert—

(a) under the Public Service Act 2008, the chief executive has or has access to disciplinary information about a person who is or was a public service employee; and

(2) Section 18L (3), definition
"relevant Act" —omit.

59 Insertion of new pt 8, div 8

Part 8 —

insert—

60 Amendment and numbering of schedule (Dictionary)

(1) Schedule, definitions
"disciplinary finding",
"employing chief executive",
"fire service chief executive",
"fire service officer",
"previous chief executive",
"relevant disciplinary ground",
"relevant disciplinary law" and
"relevant disciplinary provision" —omit.

(2) Schedule—insert—

"disciplinary finding" means a finding that a disciplinary ground exists.

"disciplinary law" means—

(a) this Act or a disciplinary provision of a code of practice (including a code of practice as in force from time to time before the commencement of this definition); or

(b) a law of another State that provides for the same, or substantially the same, matters as this Act; or

(c) a code of practice or other instrument under a law mentioned in paragraph (b) providing for disciplinary matters; or

(d) a public sector disciplinary law.

"prescribed employee", for part 2, division 4, see section 18AA.

"relevant employee", for part 2, division 4, see section 18AA.

(3) Schedule, definition
"disciplinary declaration", paragraph (a)(i)—insert—

(E) the Crime and Corruption Act 2001, section 273D; or

(4) Schedule, definition
"serious disciplinary action", paragraph (a), ‘relevant’—omit.

(5) Schedule—number as schedule 1.

61 Act amended

This part amends the Director of Public Prosecutions Act 1984.

62 Amendment of s 13 (Assistance for director)

(1) Section 13 (2)—insert—

(c) the chief executive officer under the Crime and Corruption Act 2001 for the assistance of a commission officer under that Act.

(2) Section 13 (4)—omit, insert—

(4) A person of whom a request is made under subsection (2) must, as far as possible, comply with the request.

63 Act amended

This part amends the Fire and Emergency Services Act 1990.

64 Insertion of new ch 3, pt 4, div 3, sdiv 1A

Chapter 3, part 4, division 3, before subdivision 1 —

insert—

29C Definitions for division In this division—

"prescribed employee" means a prescribed employee under the Public Service Act 2008, section 186A, other than a fire service officer.

"relevant employee" means—

(a) a public service employee; or

(b) a prescribed employee.

29D References to relevant employees

(1) This section provides for the meaning of particular terms used in this division relating to a person who is or was a relevant employee.

(2) A reference to the person’s current or previous chief executive is a reference to—

(a) for a person who is or was a public service employee—the chief executive of the department in which the person is or was employed as a public service employee; or

(b) for a person who is or was a prescribed employee—the person’s current or previous chief executive under the Public Service Act 2008, section 186B(2).

(3) A reference to a relevant disciplinary law for the person is a reference to any of the following—

(a) the Public Service Act 2008, chapter 6;

(b) a law that is a relevant disciplinary law for the person under the Public Service Act 2008, section 186B(3).

(4) In subdivision 2—

(a) a reference to a relevant disciplinary ground for the person is a reference to a disciplinary ground under a relevant disciplinary law for the person; and

(b) a reference to a disciplinary finding in relation to a relevant disciplinary ground for the person is a reference to a finding that a relevant disciplinary ground for the person exists.

65 Amendment of ch 3, pt 4, div 3, sdiv 2, hdg (Disciplinary action against a fire service officer who was a public service employee or ambulance service officer)

Chapter 3, part 4, division 3, subdivision 2, heading, from ‘public’—

omit, insert—

relevant employee

66 Amendment of s 30B (Application of sdiv 2)

(1) Section 30B (1) and (2)—omit, insert—

(1) This subdivision applies if—

(a) a person is a relevant employee and a relevant disciplinary ground arises in relation to the person; and

(b) after the relevant disciplinary ground arises, the person changes employment from employment as a relevant employee to employment under section 25.

(2) Section 30B (3), from ‘under’, including note—omit, insert—under a relevant disciplinary law in relation to the relevant disciplinary ground.

(3) Section 30B (4), from ‘a department’ to ‘officer’—omit, insert—employment as a relevant employee

(4) Section 30B (4)(a), from ‘in the department’ to ‘officer’—omit, insert—as a relevant employee

(5) Section 30B (4)(b), from ‘commissioner’ to ‘from’—omit, insert—person’s transfer, redeployment or secondment from

(6) Section 30B (4), notes—omit.

(7) Section 30B (3) and (4)—renumber as section 30B (2) and (3).

67 Omission of s 30C (Definitions for sdiv 2)

Section 30C —

omit.

68 Amendment of s 30D (Action previous chief executive may take)

Section 30D (1) and (2)—

omit, insert—

(1) The person’s previous chief executive may make a disciplinary finding about the relevant disciplinary ground for this subdivision.

(2) The previous chief executive may take disciplinary action about the relevant disciplinary ground as provided under section 30E(1).

69 Amendment of s 30E (Action commissioner may take)

Section 30E (1)(a) and (2)(a), before ‘previous’—

insert—

person’s

70 Amendment of s 30G (Application of sdiv 3)

Section 30G (2) and (3)—

omit, insert—

(2) However, this subdivision does not apply in relation to a person who is a former fire service officer if the commissioner is aware—

(a) the person is a relevant employee; and

(b) the person’s current or previous chief executive has taken, is taking, or intends to take disciplinary action against the person, under a relevant disciplinary law, in relation to the disciplinary ground.

71 Amendment of s 30I (Information about disciplinary action to be given by commissioner)

(1) Section 30I (1)(a), from ‘the chief executive’ to ‘asks’—omit, insert—a relevant official asks

(2) Section 30I (1)(b), ‘other chief executive to’—omit, insert—relevant official to

(3) Section 30I (1)(b)(i), ‘other chief executive’—omit, insert—official

(4) Section 30I (1)(b)(ii), from ‘other’—omit, insert—official is considering in relation to the person under a relevant disciplinary law.

(5) Section 30I (2), ‘other chief executive’—omit, insert—relevant official

(6) Section 30I (3), definition
"disciplinary information", from ‘in relation’ to ‘a person’—omit, insert—about a person

(7) Section 30I (3), definition
"relevant Act" —omit.

(8) Section 30I (3)—insert—

"relevant official" means—

(a) the chief executive of a department; or

(b) the chief executive (however described) of an entity whose employees are prescribed employees.

72 Amendment of s 30J (Information about disciplinary action to be given to commissioner)

(1) Section 30J (1)(a)—omit, insert—

(a) the commissioner asks a relevant official for disciplinary information the official has about a person who is or was a relevant employee; and

(2) Section 30J (2), ‘other chief executive must’—omit, insert—relevant official must

(3) Section 30J (2), ‘other chief executive is’—omit, insert—official is

(4) Section 30J (3), definition
"disciplinary information", from ‘in relation’ to ‘entity’—omit, insert—, about a person, means information about the following made or taken against the person under a public sector disciplinary law by a relevant official or another entity

(5) Section 30J (3)—insert—

"relevant official" means—

(a) the chief executive of a department; or

(b) the chief executive (however described) of an entity whose employees are prescribed employees.

73 Amendment of s 30K (Use of particular information about disciplinary action obtained by commissioner in another capacity)

(1) Section 30K (1)(a)—omit, insert—

(a) under the Public Service Act 2008, the commissioner has or has access to disciplinary information about a person who is or was a public service employee; and

(2) Section 30K (3), definition
"relevant Act" —omit.

74 Insertion of new ch 5, pt 5, div 8

Chapter 5, part 5 —

insert—

75 Amendment of sch 6 (Dictionary)

(1) Schedule 6, definitions
"ambulance service officer",
"disciplinary finding",
"previous chief executive",
"relevant disciplinary ground",
"relevant disciplinary law" and
"relevant disciplinary provision" —omit.

(2) Schedule 6 —insert—

"disciplinary finding" means a finding that a disciplinary ground exists.

"disciplinary law" means—

(a) this Act; or

(b) a law of another State that provides for the same, or substantially the same, matters as this Act; or

(c) a code of practice or other instrument under a law mentioned in paragraph (b) providing for disciplinary matters; or

(d) a public sector disciplinary law.

"prescribed employee", for chapter 3, part 4, division 3, see section 29C.

"relevant employee", for chapter 3, part 4, division 3, see section 29C.

(3) Schedule 6, definition
"disciplinary declaration", paragraph (a)(i)—insert—

(E) the Crime and Corruption Act 2001, section 273D; or

(4) Schedule 6, definition
"serious disciplinary action", paragraph (a), ‘relevant’—omit.

76 Act amended

This part amends the Ombudsman Act 2001.

77 Insertion of new s 91A

After section 91 —

insert—

91A Disclosure of information

(1) An officer of the ombudsman may disclose information obtained in the performance of a function of the ombudsman, including information obtained by way of a complaint, to an agency if—

(a) the ombudsman considers the agency has a proper interest in the information for the performance of the agency’s functions; or

(b) the disclosure is for the purpose of protecting the health, safety or security of a person or property.

(2) Subsection (1) does not apply to information that an officer of the ombudsman can not make a record of, or wilfully disclose, under the Crime and Corruption Act 2001, section 213.

(3) In this section—

"agency" includes each of the following—

(a) an agency of the Commonwealth;

(b) the ombudsman under the Ombudsman Act 1976 (Cwlth);

(c) an ombudsman under the law of another State.

"officer of the ombudsman" includes the ombudsman.

78 Amendment of s 92 (Secrecy)

Section 92 (2)—

omit, insert—

(2) Subsection (1) does not apply to the disclosure of information under section 91A.

79 Amendment of sch 3 (Dictionary)

Schedule 3, definition
"complaints entity" —

omit, insert—

"complaints entity" means—

(a) an entity other than the ombudsman that, under an Act, has responsibility for the investigation or review of matters that may include administrative actions of agencies; or

(b) the ombudsman under the Ombudsman Act 1976 (Cwlth); or

(c) an ombudsman under the law of another State.

80 Act amended

This part amends the Police Service Administration Act 1990.

81 Replacement of s 9.7 (Protection from liability of commissioners for police service reviews)

Section 9.7—

omit, insert—

9.7 Protection of commissioners for police service reviews from liability

(1) This section applies to each of the following persons (each a
"protected person")—

(a) a commissioner for police service reviews;

(b) a person acting under the direction of a commissioner for police service reviews;

(c) a person who was a person of a type mentioned in paragraph (a) or (b) at the time the person engaged in conduct in an official capacity.

(2) A protected person does not incur civil liability for engaging, or for the result of engaging, in conduct in an official capacity.

(3) If subsection (2) prevents liability attaching to a protected person, the liability attaches instead to the State.

(4) If liability attaches to the State under subsection (3), the State may recover contribution from the protected person but only if the conduct was engaged in—

(a) other than in good faith; and

(b) with gross negligence.

(5) In a proceeding under subsection (4) to recover contribution, the amount of contribution recoverable is the amount found by the court to be just and equitable in the circumstances.

(6) In this section—

"civil liability", of a protected person for engaging, or for the result of engaging, in conduct in an official capacity, means liability of any type for the payment of an amount by the protected person because of—

(a) a claim based in tort, contract or another form of action in relation to the conduct or result, including, for example, breach of statutory duty or defamation and, for a fatal injury, includes a claim for the deceased’s dependants or estate; or

(b) a complaint made under a law that provides a person may complain about the conduct or result to an entity established under the law, other than a complaint to start criminal proceedings, including, for example, a complaint under the Justices Act 1886; or

(c) an order of a court to pay costs relating to a proceeding for an offence against a law in relation to the conduct or result, unless the proceeding was for an offence by the protected person.

Examples of types of liability—

• a liability because of an agreement or an order under the Anti-Discrimination Act 1991 or the Australian Human Rights Commission Act 1986 (Cwlth) requiring payment of an amount to a complainant (however described) under the Act

• a liability because of an obligation under an agreement to settle a proceeding, or an order of a court or tribunal, to do something that involves paying an amount, including an obligation to rectify damage to a building or to publish an apology in a newspaper

"conduct" means an act or an omission to perform an act.

"engage in conduct in an official capacity" means engage in conduct as part of, or otherwise in connection with, a person’s role as a protected person, including, for example, engaging in conduct under or purportedly under this Act.

82 Insertion of new pt 11, div 9

Part 11 —

insert—

83 Act amended

This part amends the Public Service Act 2008.

84 Amendment of s 186A (Definitions for ch 6)

(1) Section 186A, definition
"employing chief executive" —omit.

(2) Section 186A —insert—

"ambulance service officer" means a person employed under the Ambulance Service Act 1991, section 13.

"current chief executive", of a public service employee, means the chief executive of the department in which the employee is employed after changing employment from another department.

"fire service officer" means a person employed under the Fire and Emergency Services Act 1990, section 25.

"prescribed employee" means—

(a) an ambulance service officer; or

(b) a fire service officer; or

(c) a relevant commission officer.

"relevant commission officer" see the Crime and Corruption Act 2001, section 273A.

85 Insertion of new s 186B

Chapter 6, part 1 —

insert—

186B References to prescribed employees

(1) This section provides for the meaning of particular terms used in this chapter relating to a person who is or was a prescribed employee.

(2) A reference to the person’s current or previous chief executive is a reference to—

(a) for a person who is or was an ambulance service officer—the chief executive of the department in which the Ambulance Service Act 1991 is administered; or

(b) for a person who is or was a fire service officer—the commissioner under the Fire and Emergency Services Act 1990; or

(c) for a person who is or was a relevant commission officer—the chief executive officer under the Crime and Corruption Act 2001.

(3) A reference to a relevant disciplinary law for the person is a reference to any of the following—

(a) the Ambulance Service Act 1991, part 2, division 4;

(b) the Fire and Emergency Services Act 1990, chapter 3, part 4, division 3;

(c) the Crime and Corruption Act 2001, chapter 6, part 1, division 9.

(4) In part 2, division 3—

(a) a reference to a relevant disciplinary ground for the person is a reference to a disciplinary ground under a relevant disciplinary law for the person; and

(b) a reference to a disciplinary finding in relation to a relevant disciplinary ground for the person is a reference to a finding that a relevant disciplinary ground for the person exists.

86 Insertion of new ch 6, pt 2, div 1, hdg

Chapter 6, part 2, before section 187 —

insert—

87 Amendment of s 187A (How disciplinary action may be taken against a public service employee after the employee changes employment)

Section 187A (4) to (7), ‘employing’—

omit, insert—

current

88 Amendment of s 188 (Disciplinary action that may be taken against a public service employee)

Section 188 (2), ‘employing’—

omit, insert—

current

89 Insertion of new ch 6, pt 2, div 2, hdg

Chapter 6, part 2, after section 188 —

insert—

90 Amendment of s 188A (Disciplinary action that may be taken against a former public service employee)

(1) Section 188A (2)—omit, insert—

(2) However, this section does not apply in relation to a person who is a former public service employee if the person’s previous chief executive is aware—

(a) the person is a prescribed employee; and

(b) the previous chief executive or the person’s current chief executive has taken, is taking, or intends to take disciplinary action against the person, under a relevant disciplinary law, in relation to the disciplinary ground.

(2) Section 188A (3), (7) and (8), before ‘previous’—insert—former public service employee’s

91 Replacement of s 188AB (Disciplinary action that may be taken against a former ambulance service officer or former fire service officer)

Section 188AB —

omit, insert—

92 Insertion of new ch 9, pt 13

Chapter 9 —

insert—

93 Amendment of sch 4 (Dictionary)

(1) Schedule 4, definitions
"ambulance service chief executive",
"ambulance service officer",
"employing chief executive",
"fire service chief executive" and
"fire service officer" —omit.

(2) Schedule 4 —insert—

"ambulance service officer", for chapter 6, see section 186A.

"current chief executive", of a public service employee, for chapter 6, see section 186A.

"fire service officer", for chapter 6, see section 186A.

"prescribed employee", for chapter 6, see section 186A.

"relevant commission officer", for chapter 6, see section 186A.

(3) Schedule 4, definition
"disciplinary declaration", paragraph (a)(i)—insert—

(D) the Crime and Corruption Act 2001, section 273D; or

(4) Schedule 4, definition
"previous chief executive", before ‘for’—insert—for a public service employee,

94 Regulation amended

This part amends the Public Service Regulation 2008.

95 Amendment of s 14A (Prescribed State employees)

(1) Section 14A (1)(f) and (g)—omit.

(2) Section 14A (1)(h) to (j)—renumber as section 14A (1)(f) to (h).

96 Amendment of sch 1 (Public service offices, their heads and applied provisions)

Schedule 1, item 1A—

omit.

© State of Queensland 2018