Queensland Consolidated Acts Queensland Consolidated Acts(1) This section applies if—
(a) a disciplinary ground arises in relation to a public service employee; and
(b) after the disciplinary ground arises the employee's employment as a public service employee ends for any reason.
(2) However, this section does not apply if—
(a) the former public service employee is an ambulance service officer and the ambulance service chief executive has taken, is taking, or intends to take disciplinary action against the employee in relation to the disciplinary ground under the Ambulance Service Act 1991, part 2, division 4, subdivision 2; or
(b) the former public service employee is a fire service officer and the fire service chief executive has taken, is taking, or intends to take disciplinary action against the employee in relation to the disciplinary ground under the Fire and Rescue Service Act 1990, part 4, division 3, subdivision 2.
(3) The previous chief executive may make a disciplinary finding or take or continue to take disciplinary action against the former public service employee in relation to the disciplinary ground.
(4) The disciplinary finding or disciplinary action must be made or taken within a period of 2 years after the end of the employee's employment.
(5) However, subsection (4) does not stop disciplinary action being taken following an appeal or review.
(6) Subsection (4) does not affect—
(a) an investigation of a suspected criminal offence; or
(b) an investigation of a matter for the purpose of notifying the Crime and Misconduct Commission of suspected official misconduct under the Crime and Misconduct Act 2001.
(7) In disciplining the former public service employee, the previous chief executive may make a disciplinary declaration and may not take any other disciplinary action.
(8) The previous chief executive may only make a disciplinary declaration if the disciplinary action that would have been taken against the employee if the employee's employment had not ended would have been—
(a) termination of employment; or
(b) reduction of classification level.
(9) The making of the disciplinary declaration does not affect the way in which the employee's employment ended, or any benefits, rights or liabilities arising because the employment ended.
(10) In this section—
disciplinary declaration means a declaration of—
(a) the disciplinary finding against the former public service employee; and
(b) the disciplinary action that would have been taken against the employee if the employee's employment had not ended.