Queensland Consolidated Acts

FIRE AND RESCUE SERVICE ACT 1990 - SECT 30

(1) A fire service officer is liable to disciplinary action upon any of the following grounds shown to the satisfaction of the chief executive to exist—

(a) incompetence or inefficiency in the discharge of duties;

(b) negligence, carelessness or indolence in the discharge of duties;

(c) wilful failure to comply, without reasonable excuse, with a provision of this Act or an obligation imposed on the officer under—

(i) a code of practice; or

(ii) a code of conduct—

(A) approved under the Public Sector Ethics Act 1994; or

(B) prescribed under a directive of the commission chief executive under the Public Service Act 2008; or

(iii) an industrial instrument;

(d) absence from duty except—

(i) upon leave duly granted; or

(ii) with reasonable cause;

(e) wilful failure to comply with a lawful direction of the chief executive or another person having authority over the officer;

(f) misconduct;

(g) use, without reasonable excuse, of a substance to an extent adversely affecting competent performance of duties;

(h) contravention of a requirement of the chief executive under section 25B(1) or of the commissioner under section 25C(1) by, in response to the requirement—

(i) failing to disclose a serious disciplinary action; or

(ii) giving false or misleading information.

(2) A disciplinary ground arises when the act or omission constituting the ground is done or made.

(3) Also, the chief executive may—

(a) discipline a fire service officer under subdivision 2 as if a ground mentioned in subsection (1) exists; or

(b) discipline a former fire service officer under subdivision 3 or 4 on the same grounds mentioned in subsection (1).

(4) If the chief executive is contemplating taking disciplinary action against a fire service officer on the ground of absence from duty, the chief executive may—

(a) appoint a medical practitioner to examine the officer and to give the chief executive a written report about the officer's mental or physical condition, or both; and

(b) direct the officer to submit to the medical examination.

(5) In this section—

misconduct means—

(a) inappropriate or improper conduct in an official capacity; or

(b) inappropriate or improper conduct in a private capacity that reflects seriously and adversely on the fire service.

Example of misconduct—

victimising another fire service officer in the course of the other officer's employment in the fire service