Crime and Corruption Act 2001

This section applies to a prescribed person defined in section 50(3), definition prescribed person, paragraph (a)(ii) or (b)(ii).

QCAT may, on a finding of corrupt conduct being proved against a prescribed person, make a disciplinary declaration and may not take any other disciplinary action.

QCAT may only make a disciplinary declaration if the order QCAT would have made under section 219I(4) if the prescribed person’s employment or appointment had not ended would have been—

if the prescribed person is a former officer, that the prescribed person—

be dismissed; or

be suspended from duty without pay for at least 3 months; or

be placed on probation; or

be demoted, whether permanently or for a particular period; or

otherwise, that the prescribed person—

be dismissed; or

be reduced in rank.

A disciplinary declaration made under this section does not affect the way in which the prescribed person’s employment or appointment ended or the benefits, rights and liabilities arising because the employment ended.

In this section—

the disciplinary finding against the prescribed person; and

the order QCAT would have made under section 219I(1) if the prescribed person’s employment or appointment had not ended.