QueenslandMisconductTribunalsAct1997Reprinted as in force on 2 November
2009Reprint No. 2BThis reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copyNOT FURTHER AMENDEDLAST REPRINT
BEFORE REPEALSee 2009 Act No. 23 s 243
Information about this reprintThis
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Misconduct Tribunals Act 1997Part
1 Preliminary[s 1]Misconduct
Tribunals Act 1997[as amended by all amendments that commenced
on or before 2 November 2009]AnActtoprovidefortheestablishmentandoperationofmisconduct tribunals, and for other
purposesPart 1Preliminary1Short
titleThis Act may be cited as theMisconduct Tribunals Act 1997.2CommencementThis Act
commences on a day to be fixed by proclamation.3Main
objectsThemainobjectsofthisActaretoprovidefortheestablishment and
operation of misconduct tribunals that—(a)act
independently, and in a way that is—(i)fair
and impartial; and(ii)effective and efficient; and(b)have jurisdiction to hear and
decide—(i)charges,ofadisciplinarynature,ofofficialmisconduct
against prescribed persons; and(ii)appeals from particular decisions made in
relationto charges, of a disciplinary nature, made
againstprescribed persons.Reprint 2B
effective 2 November 2009Page 5
Misconduct Tribunals Act 1997Part 2
Misconduct tribunals[s 4]4DictionaryThe dictionary in
the schedule defines particular words usedin this
Act.4ARelationship with Industrial Relations
Act 1999The industrial court and theindustrial relations commissiondo
not have jurisdiction in relation to a matter that a
tribunal,the Supreme Court or the District Court may
decide under thisAct even though it may be, or be about, or
arise out of, anindustrialmatterwithinthemeaningoftheIndustrialRelations Act
1999.Part 2Misconduct
tribunalsDivision 1Misconduct
tribunal panel andmembers5Appointment of misconduct tribunal panel
members(1)The Governor in Council may, by
gazette notice, appoint asmany qualified persons as the Minister
considers appropriateas members of a panel of misconduct
tribunal members (thetribunal panel).(2)The Governor in Council is to appoint
1 tribunal member asthe senior member of the tribunal panel
(thesenior member).(3)In this section—qualifiedpersonmeansapersonwhoisqualified,undersection 6, for appointment as a tribunal
member.Page 6Reprint 2B
effective 2 November 2009
Misconduct Tribunals Act 1997Part
2 Misconduct tribunals[s 6]6Qualifications of tribunal members(1)A person is qualified for appointment
as a tribunal member ifthe person is—(a)nominated for appointment by the Minister;
and(b)a barrister or solicitor of the
Supreme Court of at least 5years standing.(2)Anineligiblepersonisnotqualifiedforappointmentasatribunal member.(3)Ifatribunalmemberbecomesanineligibleperson,themember can not continue as a tribunal
member.7Nomination for appointment as tribunal
member(1)TheMinistermaynominateapersonforappointmentasatribunal member only after—(a)advertising State-wide for
applications; and(b)consulting with the chairperson of the
commission; and(c)obtainingthebipartisansupportoftheparliamentarycommittee for the
nomination.(2)Subsection (1)(a) does not apply to
the nomination of a personfor reappointment as a tribunal
member.(3)In this section—bipartisan
support, of the parliamentary committee,
means—(a)support of the members of the
parliamentary committeeunanimously; or(b)supportofamajorityofthemembers,otherthanamajority
consisting wholly of members of the politicalpartyorpartiesingovernmentintheLegislativeAssembly.7AReport about person’s criminal
history(1)To help decide whether a person is
suitable for nomination forappointment as a tribunal member, the
Minister may ask theReprint 2B effective 2 November
2009Page 7
Misconduct Tribunals Act 1997Part 2
Misconduct tribunals[s 8]commissioner of
the police service for a written report aboutthe person’s
criminal history.(2)However,theMinistermaymakearequestaboutapersonunder subsection
(1) only if the person has given the Ministerwritten consent
for the request.(3)IfaskedbytheMinister,thecommissionerofthepoliceservicemustgivetheMinisterawrittenreportaboutthecriminal history of the person.(4)The duty imposed on the commissioner
of the police serviceapplies only to information in the
commissioner’s possessionor to which the commissioner has
access.(5)In having regard to the report, the
Minister must consider thenatureofanyoffencementionedinthereportandtherelevanceoftheoffencetotheperson’ssuitabilityfornomination for appointment as a tribunal
member.(6)The Minister must destroy the report
as soon as practicableafter it is no longer needed for the
purpose for which it wasrequested.(7)In
this section—criminal history, of a person,
means every conviction of theperson for an
offence, in Queensland or elsewhere, whetherbefore or after
the commencement of this section.8Duration of appointment(1)A
tribunal member may be appointed for a term not longerthan
3 years.(2)Appointment as a tribunal member is on
a part-time basis.(3)A tribunal member may be appointed for
a further term, butthemembermustnotserveasatribunalmemberformorethan 6 years in
total.(4)A tribunal member may resign by signed
notice of resignationgiven to the Minister.Page
8Reprint 2B effective 2 November
2009
Misconduct Tribunals Act 1997Part
2 Misconduct tribunals[s 9]9Conditions of appointment(1)Atribunalmemberistobepaidtheremunerationandallowances decided by the Governor in
Council.(2)Atribunalmemberholdsofficeontheconditionsnotprovided in this Act decided by the Governor
in Council.9AAppointment of acting senior
memberThe Governor in Council is to appoint a
tribunal member toact as the senior member—(a)for any period, or all periods, when
the senior member isabsentfromdutyortheState,orcannotforanotherreason perform
the duties of the office; or(b)for
any period, or all periods, that the office is vacantbecause of the operation of section
19A(2)(b); or(c)for any period that the office is
otherwise vacant.10Removal from officeTheGovernorinCouncilmay,bywrittennoticegiventoatribunalmember,removethememberfromofficeifthemember—(a)is
incapable of properly discharging the functions of atribunal member; or(b)is
unfit to hold the office.Division 2Establishment
and composition oftribunals11Senior member to establish misconduct
tribunal(1)Theseniormembermayestablishamisconducttribunaltohear a particular matter within the
jurisdiction of misconducttribunals.Reprint 2B
effective 2 November 2009Page 9
Misconduct Tribunals Act 1997Part 3
Jurisdiction[s 12](2)The
misconduct tribunal is to consist of the senior member oranother tribunal member chosen by the senior
member.(3)The director must, within 3 days after
the establishment of amisconducttribunal,givenoticeofthetribunalmemberconstituting the tribunal to—(a)the prescribed person to whom the
matter relates; and(b)thepersonmakingthechargeagainsttheprescribedperson;
and(c)ifthepersonmakingthechargeisnottheprincipalofficer for the unit of public
administration in which theprescribedpersonisorwasemployed—theprincipalofficer.Part 3JurisdictionDivision 1Charges of official misconductagainst prescribed persons12What isofficial
misconductIn this Act,official
misconducthas the same meaning as intheCrime and Misconduct Act 2001.13Jurisdiction—originalA misconduct
tribunal has jurisdiction (original
jurisdiction)to hear and decide charges, of a
disciplinary nature, of officialmisconduct made
against a prescribed person.Page 10Reprint 2B effective 2 November
2009
Misconduct Tribunals Act 1997Part
3 Jurisdiction[s 14]14Tribunal’s original jurisdiction
exclusive(1)Acharge,ofadisciplinarynature,ofofficialmisconductmade
against a prescribed person may be heard and decidedonly
by a misconduct tribunal.(2)Subsection (1)
applies to the exclusion of authority given bylaw to any other
person or tribunal to hear and decide, at firstinstance,disciplinarychargesmadeagainsttheprescribedperson.(3)Adecisionofamisconducttribunalexercisingoriginaljurisdictionisbindingonandmustbegiveneffectbyallpersons
concerned.(4)Subsection (3) applies subject to
section 37.14ATribunal hearing in relation to a
prescribed person whoseemployment or appointment has
endedTo remove any doubt, it is declared that a
misconduct tribunalmay hear and decide, or continue to hear and
decide, a chargeunder section 14(1) against a prescribed
person defined in theCrimeandMisconductAct2001,section50(5),definitionprescribedperson,paragraph(a)(ii)or(b)(ii),despitetheperson’s employment or appointment
having ended—(a)before or during the tribunal’s
hearing; or(b)afterthehearingandbeforethetribunalmakesitsdecision.Division 2Appeals against decisions oncharges of other misconductagainst prescribed persons15What is areviewable
decision(1)Areviewable
decisionis—Reprint 2B effective 2 November
2009Page 11
Misconduct Tribunals Act 1997Part 3
Jurisdiction[s 15](a)a
decision made in relation to a disciplinary charge ofmisconduct made against a prescribed person,
other thana decision made by a court or a misconduct
tribunal; or(b)afindingmentionedinthePoliceServiceAdministrationAct1990,section7.4(2A)(b)or7A.5(1)(b),thataprescribedpersonisguiltyofmisconduct.(2)In
this section—decision,madeinrelationtoadisciplinarychargeofmisconduct, if a disciplinary
declaration is made, includes thedisciplinary
declaration.Note—A reviewable
decision may also involve a failure to make a disciplinarydeclaration.disciplinarydeclarationmeansadisciplinarydeclarationmade
under—(a)thePublic Service
Act 2008, section 188A; or(b)thePoliceServiceAdministrationAct1990,section7A.2(2).prescribedperson,inrelationtoaprescribedpersonmentionedintheCrimeandMisconductAct2001,section50(5),definitionprescribedperson,paragraphs(a)(ii)and(b)(ii), means—(a)aprescribedpersonagainstwhomadisciplinarydeclaration has
been made; or(b)in relation to an appeal started by
the commission undersection 18—(i)a
prescribed person mentioned in paragraph (a); or(ii)aprescribedpersonagainstwhomadisciplinarydeclarationhasnotbeenmadeifagroundofappeal states that a disciplinary
declaration shouldhave been made.Page 12Reprint 2B effective 2 November
2009
Misconduct Tribunals Act 1997Part
4 Proceedings[s 16]16Jurisdiction—appellateA misconduct
tribunal has jurisdiction (appellate
jurisdiction)to hear and decide an appeal against a
reviewable decision.Part 4ProceedingsDivision 1Starting proceedings17Proceedings—original jurisdictionThecommissionoraprincipalofficerforaunitofpublicadministrationmaystartaproceedingagainstaprescribedperson in a
misconduct tribunal’s original jurisdiction by—(a)filingawrittenchargeofofficialmisconductwiththedirector;
and(b)giving to the prescribed person a copy
of the charge.18Proceedings—appellate
jurisdiction(1)Thecommissionoraprescribedpersonagainstwhomareviewable
decision has been made may start a proceeding ina
misconduct tribunal’s appellate jurisdiction—(a)by
filing a notice of appeal with the director—(i)identifyingthedecisiontowhichtheappealrelates;
and(ii)stating clearly the grounds for the
appeal; and(b)by giving a copy of the notice to each
other party to theappeal.(2)The
notice of appeal must be filed with the director—(a)if the appeal relates to a reviewable
decision notice ofwhichmustbegiventothecommissionorprescribedReprint 2B
effective 2 November 2009Page 13
Misconduct Tribunals Act 1997Part 4
Proceedings[s 19]personunderthePoliceServiceAdministrationAct1990, section 7.4, 7A.4 or 7A.5—within 14
days afterthe day on which the notice was given;
or(b)otherwise—within 14 days after the day
on which thereviewable decision was announced.(3)The parties to an appeal are—(a)the prescribed person; and(b)the person who made the reviewable
decision; and(c)iftheappealisstartedbythecommission—thecommission.Division 2Procedures of misconduct tribunals19Procedure following start of
proceeding(1)Thedirectormustasktheseniormembertoestablishamisconduct tribunal to hear and decide the
matter as soon aspracticable after—(a)a
proceeding is started; and(b)iftheproceedingisstartedinthetribunal’soriginaljurisdiction—the director receives written
notice that acopy of the charge made against the relevant
prescribedperson has been given to the person.(2)Ifthehearingrelatestoaproceedinginamisconducttribunal’soriginaljurisdiction,thecommissionorprincipalofficerfortheunitofpublicadministrationthatstartedtheproceeding must give to the prescribed
person a copy of thebrief of evidence, including copies of any
witness statements,to be presented at the hearing—(a)as soon as practicable after the
charge is filed; or(b)in accordance with directions of the
misconduct tribunalestablished for the hearing.Page
14Reprint 2B effective 2 November
2009
Misconduct Tribunals Act 1997Part
4 Proceedings[s 19A]19ADisclosure of interests(1)If a
tribunal member becomes aware that the member has aconflictofinterestinaproceedingbeforeatribunalconstitutedbythemember,themembermustdisclosetheissue
giving rise to the conflict—(a)if
the member is the senior member—(i)to
the person appointed under section 9A(b) to actas the senior
member during a vacancy in the officeof senior member;
and(ii)to the parties to the proceeding;
or(b)otherwise—to the senior member and the
parties to theproceeding.(2)After
making the disclosure—(a)the member must
disqualify himself or herself from theproceeding;
and(b)if the member is the senior member,
the member is takento have vacated the member’s office as
senior memberfor the remainder of the proceeding.(3)Ifthedisqualifiedmemberisnottheseniormember,theseniormembermust,undersection11,chooseamemberother than the
disqualified member to reconstitute the tribunal.(4)If the disqualified member is the
senior member, the actingseniormembermust,undersection11,chooseamemberother than the
disqualified member to reconstitute the tribunal.(5)Thetribunalasreconstitutedmustcontinueandfinishtheproceedingand,forthatpurpose,mayhaveregardtoanyrecordrelatingtotheproceedingmadebythetribunalaspreviously constituted.20Misconduct tribunal’s powers(1)A misconduct tribunal may give the
orders about a proceedingit considers appropriate.Reprint 2B effective 2 November 2009Page
15
Misconduct Tribunals Act 1997Part 4
Proceedings[s 20](2)A
misconduct tribunal may order a person to do 1 or more ofthe
following—(a)attend a hearing until excused;(b)give evidence, on oath or
affirmation;(c)give to the tribunal, in the way the
tribunal orders—(i)a stated document or class of
document; or(ii)a stated thing; or(iii)specified information.(3)Without limiting the ways the tribunal may
order a document,thing or information to be given, the
tribunal may order thatthe document, thing or information be
given to the tribunal ata stated reasonable place and
time.(4)A person to whom a tribunal order
applies must comply withthe order, unless the person has a
reasonable excuse.(5)Itisareasonableexcuseforapersontofailtoansweraquestion or to produce a document if
answering the questionor producing the document—(a)might tend to incriminate the person;
or(b)woulddiscloseacommunicationtowhichlegalprofessional privilege attaches.(6)The tribunal may enforce its order by
filing a copy of it in aregistry of the Supreme Court.(7)On filing, the order is enforceable as
if it were an order of theSupreme Court.(8)Thetribunalmaygiveleavetoamendawrittenchargeofofficial misconduct if
satisfied—(a)the amendment is of a minor nature;
and(b)givingleavetomaketheamendmentwouldnotbeunfair to the
prescribed person.Page 16Reprint 2B
effective 2 November 2009
Misconduct Tribunals Act 1997Part
4 Proceedings[s 21]21Representation before tribunalApartytoaproceedingbeforeamisconducttribunalmayappear in person or be represented by
a lawyer or someoneelse.22Misconduct tribunal may keep documents
etc.(1)If a document or thing is given to a
misconduct tribunal, thetribunal—(a)maykeepthedocumentorthingfortheperioditconsiders is reasonably necessary;
and(b)must allow a person who, if the
document or thing werenotin thetribunal’spossession, would
have a right toinspect it, to inspect it at all reasonable
times and places;and(c)foradocument—maycopyortakeextractsfromthedocument.(2)Whilethetribunalkeepsadocumentorthing,thetribunalmust permit a
person otherwise entitled to possession of thedocument or thing
to inspect, make copies of, photograph, ortake extracts
from, the document or thing, at the reasonabletime and place
the tribunal decides.23Conduct of
proceeding(1)Whenconductingahearinginaproceeding,amisconducttribunal
must—(a)observe natural justice; and(b)actasquickly,andwithaslittleformalityandtechnicality,asisconsistentwithafairandproperconsideration of
the issues before it.(2)In conducting the
hearing, the tribunal—(a)is not bound by
the rules of evidence; and(b)may inform itself
of any thing in the way it considersappropriate;
andReprint 2B effective 2 November 2009Page
17
Misconduct Tribunals Act 1997Part 4
Proceedings[s 23](c)maydecidetheprocedurestobefollowedfortheproceeding.(3)However, the tribunal must comply with this
division and anyprocedural rules.(4)If
the tribunal is exercising appellate jurisdiction, the appeal
isby way of rehearing on the evidence (original evidence) givenin
the proceeding before the original decision-maker (originalproceeding).(5)However,thetribunalmaygiveleavetoadducefresh,additionalorsubstitutedevidence(newevidence)ifthetribunal is satisfied—(a)the
person seeking to adduce the new evidence did notknow,orcouldnotreasonablybeexpectedtohaveknown, of its existence at the
original proceeding; or(b)inthespecialcircumstancesofthecase,itwouldbeunfairnottoallowthepersontoadducethenewevidence.(6)Ifthetribunalgivesleaveundersubsection(5),theappealis—(a)by way of
rehearing on the original evidence; and(b)on
the new evidence adduced.(7)Apersonnominatedbythetribunalforthepurposemayadministeranoathoraffirmation,ortakeastatutorydeclaration, required by the
tribunal.(8)The tribunal may conduct a proceeding
in the absence of theprescribed person who is the subject
of the charge if—(a)for a proceeding in original
jurisdiction—it is satisfiedthe prescribed
person has been—(i)given a copy of the charge; and(ii)notifiedofthedate,timeandplaceoftheproceeding; and(iii)given
the opportunity to be present or to be legallyrepresented at
the proceeding; andPage 18Reprint 2B
effective 2 November 2009
Misconduct Tribunals Act 1997Part
4 Proceedings[s 24](b)for a
proceeding in appellate jurisdiction—it is satisfiedthe
prescribed person has been—(i)notifiedofthedate,timeandplaceoftheproceeding;
and(ii)given the opportunity to be present or
to be legallyrepresented at the proceeding.24Hearings open to public unless
tribunal otherwise orders(1)A misconduct
tribunal hearing is open to the public unless themisconduct tribunal orders, before or during
the hearing, thatit be closed to the public.(2)Thetribunalmayorderthehearingbeclosedtothepubliconlyifitconsidersanopenhearingwouldbeunfairtoaperson or contrary to the public
interest, having regard to—(a)the subject
matter of the hearing; or(b)the nature of the
evidence expected to be given.(3)Thetribunalmayorderthehearingbeclosedtothepublicwhile it
considers whether to make an order under subsection(2).(4)If the tribunal
orders the hearing to be closed to the public, itmay
make an order—(a)deciding who may be present at the
hearing; or(b)prohibitingthepublicationofanyofthefollowingmatters, if it
considers publication of the matter wouldbe unfair to a
person or contrary to the public interest—(i)the
fact a person has given, or may give, evidencebefore the
tribunal;(ii)information that may help to identify
a person whohasgiven,ormaygive,evidencebeforethetribunal;(iii)evidence given before the tribunal;(iv)thecontentsof,orasummaryof,arecordproduced to the
tribunal.Reprint 2B effective 2 November 2009Page
19
Misconduct Tribunals Act 1997Part 4
Proceedings[s 25](5)A
person must not contravene an order under subsection (4).Maximumpenalty—100penaltyunitsor1year’simprisonment.(6)In
this section—hearingincludes part of
a hearing.Division 3Misconduct
tribunal decisions25Misconduct tribunal decisions—original
jurisdiction(1AA)ThissectionappliestoaprescribedpersondefinedintheCrimeandMisconductAct2001,section50(5),definitionprescribed person, paragraph
(a)(i) or (b)(i).(1)A misconduct tribunal exercising
original jurisdiction may, ifit finds the
charge proved, order that the prescribed person—(a)be dismissed; or(b)be
reduced in rank or salary level; or(c)forfeit, or have deferred, a salary
increment or increasetowhichtheprescribedpersonwouldordinarilybeentitled; or(d)be
fined an amount decided by the misconduct tribunalto be
deducted from—(i)the person’s periodic salary payment
in an amountnot more than an amount equal to the value
of 2penalty units per payment; or(ii)theperson’smonetaryentitlements,otherthansuperannuation entitlements, on
termination of theperson’s service.(2)Indecidingtheamountforsubsection(1)(d)(ii),atribunalmayhaveregardtothevalueofanygaintotheprescribedperson from the
person’s official misconduct.(3)The
tribunal may publish its reasons for decision.Page 20Reprint 2B effective 2 November
2009
Misconduct Tribunals Act 1997Part
4 Proceedings[s 25A]25AMisconduct tribunal decisions for prescribed
personswhose employment or appointment has
ended(1)ThissectionappliestoaprescribedpersondefinedintheCrimeandMisconductAct2001,section50(5),definitionprescribed person, paragraph
(a)(ii) or (b)(ii).(2)A misconduct tribunal exercising
original jurisdiction may, ifit finds the
charge proved, make a disciplinary declaration andmay
not take any other disciplinary action.(3)The
tribunal may only make a disciplinary declaration if theorder
the misconduct tribunal would have made under section25(1)
if the prescribed person’s employment or appointmenthad
not ended would have been that the prescribed person—(a)be dismissed; or(b)be
reduced in rank.(4)A disciplinary declaration made under
this section does notaffect the way in which the prescribed
person’s employmentorappointmentendedorthebenefits,rightsandliabilitiesarising because
the employment ended.(5)The tribunal may
publish its reasons for decision.(6)In
this section—disciplinary declarationmeans a
declaration of—(a)thedisciplinaryfindingagainsttheprescribedperson;and(b)theorderthemisconducttribunalwouldhavemadeundersection25(1)iftheprescribedperson’semployment or appointment had not
ended.26Misconduct tribunal
decisions—appellate jurisdiction(1)Amisconducttribunalexercisingappellatejurisdictionmaymake
the following orders—(a)confirm the
decision appealed against;(b)set aside the
decision and substitute another decision;Reprint 2B
effective 2 November 2009Page 21
Misconduct Tribunals Act 1997Part 4
Proceedings[s 26](c)setasidethedecisionandreturnthemattertotheoriginal decision-maker with the
directions the tribunalconsiders appropriate.(2)In substituting another decision, the
misconduct tribunal mayimposeanypunishmentprovidedforonafindingofthechargebeingprovedeventhoughtheoriginaldecision-maker’s
power to impose the punishment may havebeen
restricted.(3)Thedecisionofthetribunalisfinalandconclusive,andisbindingon,andmustbegiveneffectby,allpersonsconcerned.(4)No
action may be taken to enforce a penalty or fine mentionedin a
disciplinary declaration made under subsection (1) or (2).(5)The tribunal may only make a
disciplinary declaration undersubsection (1) or
(2) if the order the tribunal would have madeif the prescribed
person’s employment or appointment had notended would have
been that the prescribed person—(a)be
dismissed; or(b)be reduced in rank.(6)A disciplinary declaration made under
subsection (1) or (2)doesnotaffectthewayinwhichtheprescribedperson’semployment or appointment ended or the
benefits, rights andliabilities arising because the employment
ended.(7)In this section—decision—(a)for a decision
appealed against, if the decision involvedthemakingofadisciplinarydeclaration,includesthedisciplinary declaration; or(b)foradecisionsubstitutedonappeal,ifthedecisioninvolvesadisciplinarydeclaration,includesthedisciplinary declaration.disciplinary declaration means—(a)foradecisionappealedagainst,adisciplinarydeclaration as
defined under section 15(2); orPage 22Reprint 2B effective 2 November
2009
Misconduct Tribunals Act 1997Part
4 Proceedings[s 27](b)for a
decision substituted on appeal, a declaration of—(i)thedisciplinaryfindingagainsttheprescribedperson;
and(ii)the punishment that would have been
imposed bythe misconduct tribunal under subsection (1)
if theprescribedperson’semploymentorappointmenthad not
ended.punishment,forsubsection(2),ifthedecisionappealedagainstincludedthemakingof,orthefailuretomake,adisciplinary declaration, means the making
of a disciplinarydeclaration.27Misconduct tribunal may refer matter for
investigation(1)Amisconducttribunalexercisingoriginalorappellatejurisdiction may,
by order, refer a matter for investigation, orfurther
investigation, with a view to the taking of a criminalproceeding or for another purpose.(2)The matter may be referred to—(a)the commission; or(b)the
principal officer for the unit of public administrationin
which the prescribed person is employed.(3)Thetribunalmayadjournitsproceedinguntiltheinvestigations are completed.28Misconduct tribunal’s power to suspend
punishment(1)This section applies if punishment,
other than the making of adisciplinarydeclaration,hasbeenimposedonaprescribedperson by—(a)amisconducttribunalexercisingoriginalorappellatejurisdiction;
or(b)the decision-maker of a reviewable
decision.Reprint 2B effective 2 November 2009Page
23
Misconduct Tribunals Act 1997Part 4
Proceedings[s 29](2)A
misconduct tribunal may order that punishment imposed onthe
prescribed person be suspended if the tribunal considers itis
appropriate to do so in the circumstances.(3)The
tribunal must state an operational period for the period ofsuspension and the suspension may be given
on conditions.(4)If the prescribed person is found to
have committed an act ofmisconduct or official misconduct or
to have contravened acondition during the operational
period, on the finding—(a)the suspension on
the punishment is revoked; and(b)the
punishment imposed has immediate effect.(5)Iftheprescribedpersonisnotfoundtocommitanactofmisconduct or
official misconduct or contravene a conditionduring the
operational period, the punishment imposed on theperson is taken to have been
satisfied.(6)Subsection(4)doesnotlimittheperson’sliabilitytopunishmentforthefurtheractofmisconductorofficialmisconduct.Division 4Protection of persons associatedwith
misconduct tribunals29Protection of members, legal
representatives andwitnesses(1)A
tribunal member has, in the performance of the member’sdutiesforamisconducttribunal,thesameprotectionandimmunity as a Supreme Court
judge.(2)Alawyerorotherpersonappearingbeforeamisconducttribunal has the
same protection and immunity as a barristerappearing in a
proceeding in the Supreme Court.(3)A
person required to attend or appearing before a misconducttribunal as a witness has the same
protection as a witness in aproceeding in the
Supreme Court.Page 24Reprint 2B
effective 2 November 2009
Misconduct Tribunals Act 1997Part
4 Proceedings[s 30]30Disclosure to tribunal not breach of
confidence etc.(1)Apersonisnotliable,civilly,criminallyorunderanadministrative process, for—(a)giving information to a tribunal for a
hearing; or(b)producingadocumentorthingtoatribunalforahearing.(2)Without limiting subsection (1)—(a)in a proceeding for defamation, the
person has a defenceofabsoluteprivilegeforpublishingthedisclosedinformation;
and(b)if the person would otherwise be
required to maintainconfidentiality about the disclosed
information under anAct, oath, rule of law or practice—the
person—(i)does not contravene the Act, oath,
rule of law orpractice for making the disclosure;
and(ii)is not liable to disciplinary action
for making thedisclosure.Division 5Contempt of misconduct tribunal31Contempt of misconduct tribunalApersonisincontemptofamisconducttribunaliftheperson—(a)insultsthetribunaloratribunalmemberactingasatribunal member; or(b)deliberately interrupts the tribunal’s
hearing; or(c)creates or continues or joins in
creating or continuing, adisturbanceinornearaplacewherethetribunalisconducting a hearing; or(d)doesanythingthatwouldbecontemptofcourtifthetribunal were a judge acting
judicially.Reprint 2B effective 2 November 2009Page
25
Misconduct Tribunals Act 1997Part 4
Proceedings[s 32]32Punishment of contempt(1)A
contempt of a misconduct tribunal may be punished underthis
section.(2)The tribunal, or the senior member,
may certify the contemptin writing to the Supreme Court
(thecourt).(3)Forsubsection(2),itisenoughforthecertifierofthecontempt to be satisfied there is
evidence of contempt.(4)If the tribunal
or senior member certifies a person’s contemptofthetribunaltothecourt,thecourtmustinquireintothealleged contempt.(5)The
court must hear—(a)witnesses and evidence that may be
produced against orfor the person charged with the contempt;
and(b)any statement given by the person in
defence.(6)Ifthecourtissatisfiedthepersonhascommittedthecontempt, the court may punish the person as
if the person hadcommittedthecontemptinrelationtoaproceedinginthecourt.(7)TheRulesoftheSupremeCourtapply,withallnecessarychanges,tothecourt’sinvestigation,hearingandpowertopunish.(8)The
tribunal’s or senior member’s certificate of contempt isevidence of the matters contained in the
certificate.(9)The person is not excused from
attending before the tribunalinobediencetotheorderofthetribunaloracourtmerelybecause the person is punished or liable to
punishment underthis section for contempt of a misconduct
tribunal.33Conduct that is contempt and
offence(1)If conduct of an offender is both
contempt of a misconducttribunalandanoffence,theoffendermaybeproceededagainst for the
contempt or for the offence, but the offender isnot
liable to be punished twice for the same conduct.Page
26Reprint 2B effective 2 November
2009
Misconduct Tribunals Act 1997Part
5 Appeals[s 34](2)In
this section—offendermeansapersonguilty,orallegedtobeguilty,ofcontempt of the tribunal.Division 6Miscellaneous34Allowance to witnessesAwitnesswhoappearsatamisconducttribunalhearingisentitled to be paid the allowance prescribed
under a regulationfor attendance at the hearing or, if no
allowance is prescribed,the reasonable allowance decided by
the member constitutingthe tribunal.35Costs(1)Each
party to a hearing must bear the party’s own costs of thehearing.(2)However, a misconduct tribunal may make an
order about thepayment of a party’s costs if in particular
circumstances it issatisfied it is appropriate to do so.36Tribunal to keep record of
proceeding(1)A misconduct tribunal must keep a
record of its proceeding.(2)The record may be
kept in the way the misconduct tribunalconsiders
appropriate.Part 5Appeals37Appeal from misconduct tribunal in
original jurisdiction(1)Thefollowingpersonsmayappealagainstadecisionofamisconduct tribunal exercising
original jurisdiction—Reprint 2B effective 2 November
2009Page 27
Misconduct Tribunals Act 1997Part 5
Appeals[s 37](a)the
prescribed person in relation to whom the decisionwas
made;(b)the principal officer for the unit of
public administrationin which the prescribed person is or
was employed;(c)the commission, whether or not the
commission was aparty to the proceeding before the
tribunal.(2)The appeal may be made to the Supreme
Court—(a)without leave—on 1 or more of the
following grounds—(i)denial of natural justice;(ii)error of law;(iii)for
an appeal against a decision other than undersection25A—manifestlyexcessiveorinadequatelevel of
penalty;(iv)foranappealagainstadecisionundersection25A—(A)manifestlyexcessiveorinadequatelevelofpenaltystatedintheorderstatedinadisciplinarydeclarationmadeunderthesection; or(B)afailuretomakeadisciplinarydeclarationunder the
section; or(b)with the leave of a Supreme Court
judge—on 1 or bothof the following grounds—(i)error of fact;(ii)thedecisioncannotbesupportedhavingregardto—(A)theevidenceandtheproceedingbeforethemisconduct tribunal; and(B)any evidence that may be given in the
appeal.(3)The appeal must be started within 28
days after the day onwhich the tribunal’s decision is
announced.Page 28Reprint 2B
effective 2 November 2009
Misconduct Tribunals Act 1997Part
5 Appeals[s 37](4)The
appeal must be decided on the evidence and proceedingsbefore the tribunal, unless the
court—(a)ifleaveisgivenundersubsection(2)(b)—ordersthematter be heard afresh, completely or
partly; or(b)in any case—otherwise orders.(5)The court may, on application by a
party or its own initiative,transfer the
appeal to the District Court at any time after theappeal is started.(6)If an
order is made under subsection (5)—(a)theappealmustbecontinuedanddisposedofintheDistrict Court;
and(b)a District Court judge may exercise
any of the powersunder this section that would have been
exercisable by aSupreme Court judge if the order had not
been made.(7)An appeal may be under the Rules of
the Supreme Court or, inso far as the rules do not provide, as
directed by a SupremeCourt judge.(8)Ifanappealisallowedotherthanonthegroundundersubsection (2)(a)(iii) or (iv), the court
may, by order—(a)set aside the decision and substitute
another decision; or(b)setasidethedecisionandremitthemattertoanymisconducttribunalwiththedirectionsthecourtconsiders
appropriate.(9)Ifanappealonthegroundundersubsection(2)(a)(iii)isallowed,thecourtmaysetasidethepenaltyorderandsubstituteanotherpenaltythemisconducttribunalwasauthorised to order and the court
considers should have beenordered by the tribunal.(10)Ifanappealonthegroundundersubsection(2)(a)(iv)isallowed, the court may—(a)setasideadisciplinarydeclarationandsubstituteanother
disciplinary declaration; orReprint 2B
effective 2 November 2009Page 29
Misconduct Tribunals Act 1997Part 6
General[s 38](b)if
there was a failure to make a disciplinary declaration,make
a disciplinary declaration;that the misconduct tribunal was
authorised to make and thecourt considers should have been made
by the tribunal.(11)No action may be taken to enforce a
penalty or fine mentionedin a disciplinary declaration made
under subsection (10).(12)Thecourtmayonlymakeadisciplinarydeclarationundersubsection (10) if the order the court would
have made if theprescribedperson’semploymentorappointmenthadnotended would have been that the
prescribed person—(a)be dismissed; or(b)be
reduced in rank.(13)Adisciplinarydeclarationmadeundersubsection(10)doesnotaffectthewayinwhichtheprescribedperson’semployment or appointment ended or the
benefits, rights andliabilities arising because the employment
ended.Part 6General38Parliamentary committee(1)Theparliamentarycommitteemayconductareviewofmisconducttribunalswhenitreviewstheactivitiesofthecommission under theCrime and Misconduct Act 2001.(2)However,theparliamentarycommitteeisnotauthorisedtoinquireintoaparticularproceedingbeforeamisconducttribunal.39Annual report(1)As
soon as practicable after the end of each financial year,
butwithin 4 months after the end of the
financial year, the seniormembermustprepareandgivetotheparliamentaryPage 30Reprint 2B effective 2 November
2009
Misconduct Tribunals Act 1997Part
6 General[s 41]committeeandtheMinisterawrittenreportabouttheoperation of misconduct tribunals during the
year.(2)TheMinistermusttablethereportintheLegislativeAssembly within
14 sitting days after receiving the report.41Authentication of documentsA
document requiring authentication by a misconduct tribunalissufficientlyauthenticatedifitissignedbythememberconstituting the tribunal or the senior
member.42Judicial notice of certain
signaturesJudicialnoticemustbetakenofthesignatureofatribunalmember if it appears on a document issued by
a misconducttribunal.43Application of Criminal CodeIt is
declared that—(a)a proceeding before a misconduct
tribunal is a judicialproceeding under the Criminal Code,
chapter 16; and(b)a person constituting a misconduct
tribunal is the holderof a judicial office for the Criminal
Code, chapter 16;and(c)amisconducttribunalisatribunalfortheCriminalCode,
chapter 16.44Confidentiality(1)This
section applies to a person who—(a)is or
has been—(i)a tribunal member; or(ii)a former registrar or former registrar
staff member;orReprint 2B effective 2 November
2009Page 31
Misconduct Tribunals Act 1997Part 6
General[s 45](iii)the
director or another staff member of the registryunder
theCommercial and Consumer Tribunal Act2003; and(b)inthatcapacityacquiredinformationaboutanotherperson’saffairsorhasaccessto,orcustodyof,adocumentaboutanotherperson’saffairsorathingbelonging to
someone else.(2)A person to whom this section applies
must not disclose theinformation,orgiveaccesstothedocumentorthing,toanyone else.Maximumpenalty—100penaltyunitsor1year’simprisonment.(3)However,apersonmaydisclosetheinformationorgiveaccess to the document or thing to
someone else—(a)to the extent necessary to perform the
person’s functionsunder or in relation to this Act; or(b)ifthedisclosureorgivingofaccessisotherwiserequired or
permitted by law.(4)In this section—former
registrarmeans a person appointed as the registrar
ofmisconduct tribunals under the repealed
section 40.former registrar staff membermeans
a person employed as amember of the registrar’s staff under
the repealed section 40.repealedsection40means section 40 as in force before
itsrepeal by theQueenslandCivilandAdministrativeTribunal(Jurisdiction Provisions) Amendment Act
2009.45Rule-making
powerThe senior member may make rules, not
inconsistent with thisAct, about the practice and procedure
of misconduct tribunals.Page 32Reprint 2B
effective 2 November 2009
Misconduct Tribunals Act 1997Part
7 Transitional provisions[s 46]46Regulation-making powerTheGovernorinCouncilmaymakeregulationsunderthisAct.Part 7Transitional provisionsDivision 1Provisions for Misconduct TribunalsAct
199747Existing proceedings(1)A matter started in the original or
appellate jurisdiction of amisconducttribunalconstitutedundertheCriminalJusticeAct1989,butunheard,istakentohavebeenstartedintheoriginalorappellatejurisdictionofamisconducttribunalunder
this Act.(2)A matter started in the original or
appellate jurisdiction of amisconducttribunalconstitutedundertheCriminalJusticeAct
1989and partly heard may be dealt with as if
this Act hadnot been enacted.Division 2Provisions for Crime andMisconduct and
Other LegislationAmendment Act 200648Existing members of tribunal(1)Thissectionappliestoapersonwhowasamemberorthesenior member of
the tribunal panel immediately before thecommencementoftheCrimeandMisconductandOtherLegislation
Amendment Act 2006, section 38.Reprint 2B
effective 2 November 2009Page 33
Misconduct Tribunals Act 1997Part 7
Transitional provisions[s 49](2)On
the commencement, the person continues to hold office asamemberortheseniormemberofthetribunalpanelaccording to the
terms of the member’s appointment.Division 3Provisions for the Criminal Codeand
Other Legislation (Misconduct,Breaches of
Discipline and PublicSector Ethics) Amendment Act
200949Original jurisdiction
unaffected(1)This section applies to—(a)a prescribed person; and(b)amisconducttribunalproceedingthathasnotbeenfinalised before the commencement of
this section.(2)TheCrime and
Misconduct Act 2001, section 50(5), definitionprescribedperson,asinforcebeforeitsamendmentbytheCriminal Code and Other Legislation
(Misconduct, Breachesof Discipline and Public Sector
Ethics) Amendment Act 2009,continues to
apply.(3)Section 25, as in force before its
amendment by theCriminalCodeandOtherLegislation(Misconduct,BreachesofDisciplineandPublicSectorEthics)AmendmentAct2009,continues to apply.Page 34Reprint 2B effective 2 November
2009
ScheduleDictionaryMisconduct Tribunals Act 1997Schedulesection 4appellate jurisdictionsee section
16.commissionmeans the Crime
and Misconduct Commission.conviction—(a)means a finding of guilt, or the
acceptance of a plea ofguilty,byacourt,whetherornotaconvictionisrecorded; and(b)includes a conviction—(i)forwhichtherehabilitationperiodundertheCriminalLaw(RehabilitationofOffenders)Act1986has expired under that Act; and(ii)that is not revived as prescribed by
section 11 ofthat Act.directormeansthedirectoroftheregistryundertheCommercial and Consumer Tribunal Act
2003.ineligible personmeans any of the
following—(a)apersonwithaconviction,includingasummaryconviction, for
an indictable offence;(b)apersonwhoisaninsolventunderadministrationasdefined under the Corporations Act, section
9;(c)a person holding judicial
appointment;(d)a member of the Legislative Assembly
or the ExecutiveCouncil;(e)theparliamentarycommissionerundertheCrimeandMisconduct Act 2001;(f)thepublicinterestmonitororadeputypublicinterestmonitor appointed under theCrime and Misconduct Act2001orthePolicePowersandResponsibilitiesAct2000;Reprint 2B
effective 2 November 2009Page 35
Misconduct Tribunals Act 1997Schedule(g)apersonwho,undertheCrimeandMisconductAct2001, is—(i)a
commissioner; or(ii)an assistant commissioner; or(iii)a senior officer;
or(iv)employed under section 254; or(v)seconded under section 255;(h)the director of public
prosecutions;(i)a member of the police service under
thePolice ServiceAdministration
Act 1990;(j)apersonwho,withinthe5yearsbeforetheperson’seligibility for
appointment is being considered, has beena member of the
police service under thePolice ServiceAdministration
Act 1990;(k)a public service
employee;(l)apersonwhoholdsanappointmentonthestaffofaMinister;(m)a
local government councillor;(n)a
local government employee.official misconductsee
section 12.original jurisdictionsee section
13.parliamentary committeemeans the
Parliamentary Crime andMisconduct Committee of the
Legislative Assembly.prescribed personmeans a
prescribed person under theCrimeand
Misconduct Act 2001, section 50.principalofficer,foraparticularunitofpublicadministration,meansthechiefexecutiveofficer(howeverdescribed) of the unit.punishmentincludes sanction
and penalty.reviewable decisionsee section
15.senior member, of the tribunal
panel, see section 5(2).Page 36Reprint 2B
effective 2 November 2009
Misconduct Tribunals Act 1997Scheduletribunal
membermeans an individual who is appointed as
amemberofapanelofmisconducttribunalmembersundersection 5.unitofpublicadministrationhasthemeaninggivenundertheCrime and Misconduct Act 2001.Reprint 2B effective 2 November
2009Page 37
Misconduct Tribunals Act 1997Endnotes4Table of reprintsReprints are
issued for both future and past effective dates. For the most
up-to-date tableof reprints, see the reprint with the latest
effective date.Ifareprintnumberincludesaletterofthealphabet,thereprintwasreleasedinunauthorised, electronic form only.ReprintNo.11A1B1CAmendments tonone1999
Act No. 192001 Act No. 342001 Act No.
69Effective8 December
199730 April 19997 June
20011 January 2002Reprint
date22 December 199728 May
199917 August 200111 January
2002ReprintNo.1D22A2BAmendments included2006
Act No. 41—2009 Act No. 242009 Act No.
25Effective11 August
200611 August 200626 June
20092 November 2009NotesR1D
withdrawn, see R25List of legislationMisconduct Tribunals Act 1997 No. 59date
of assent 5 November 1997ss 1–2 commenced on date of
assentremaining provisions commenced 8 December
1997 (1997 SL No. 417)amending legislation—Statute Law (Miscellaneous Provisions) Act
1999 No. 19 ss 1–3 schdate of assent 30 April 1999commenced on date of assentPolice
Service Administration and Misconduct Tribunals Amendment Act 2001
No.34 pts 1, 3date of assent 7
June 2001commenced on date of assentCrime
and Misconduct Act 2001 No. 69 ss 1–2, 378 sch 1date
of assent 8 November 2001ss 1–2 commenced on date of
assentremaining provisions commenced 1 January
2002 (2001 SL No. 221)Crime and Misconduct and Other
Legislation Amendment Act 2006 No. 41 pts 1, 3date of assent 11
August 2006commenced on date of assent (see s 2)Reprint 2B effective 2 November 2009Page
39
Misconduct Tribunals Act 1997EndnotesQueensland Civil
and Administrative Tribunal (Jurisdiction Provisions)
AmendmentAct 2009 No. 24 ss 1–2, ch 9 pt 25date
of assent 26 June 2009commenced on date of assentCriminalCodeandOtherLegislation(Misconduct,BreachesofDisciplineandPublic Sector Ethics) Amendment Act 2009 No.
25 pts 1, 8, s 83 schdate of assent 11 August 2009ss
1–2 commenced on date of assents 83 sch amdt
commenced 2 November 2009 (2009 SL No. 241) (amdt could not
begiven effect)remaining
provisions commenced 2 November 2009 (2009 SL No. 241)6List of annotationsDictionarys 4amd
2006 No. 41 s 37Relationship with Industrial Relations Act
1999s 4Ains 2001 No. 34 s 5Appointment of misconduct tribunal panel
memberss 5sub 2006 No. 41 s 38Qualifications of tribunal memberss
6amd 2006 No. 41 s 39Nomination for
appointment as tribunal members 7amd
2006 No. 41 s 40Report about person’s criminal historys
7Ains 2006 No. 41 s 41Appointment of
acting senior members 9Ains 2006 No. 41 s 42Senior
member to establish misconduct tribunals 11amd
2009 No. 24 s 1564What is “official misconduct”s
12amd 2001 No. 69 s 378 sch 1Tribunalhearinginrelationtoaprescribedpersonwhoseemploymentorappointment has endeds
14Ains 2009 No. 25 s 68What is a
“reviewable decision”s 15amd 2009 No. 25 s
69Proceedings—original jurisdictions
17amd 2009 No. 24 s 1564Page 40Reprint 2B effective 2 November
2009
Misconduct Tribunals Act 1997EndnotesProceedings—appellate jurisdictions
18amd 2009 No. 24 s 1564; 2009 No. 25 s
70Procedure following start of
proceedings 19amd 2009 No. 24 s 1564Disclosure of interestss 19Ains
2006 No. 41 s 43Misconduct tribunal decisions—original
jurisdictions 25amd 2009 No. 25 s 71Misconducttribunaldecisionsforprescribedpersonswhoseemploymentorappointment has endeds
25Ains 2009 No. 25 s 72Misconduct
tribunal decisions—appellate jurisdictions 26amd
2009 No. 25 s 73Misconduct tribunal’s power to suspend
punishments 28amd 2009 No. 25 s 74Appeal
from misconduct tribunal in original jurisdictions
37amd 1999 No. 19 s 3 sch; 2009 No. 25 s
75Parliamentary committees 38amd
2001 No. 69 s 378 sch 1Annual reports 39amd
2006 No. 41 s 44Registrar and tribunal staffs
40om 2009 No. 24 s 1565amd 2009 No. 25 s
83 sch (amdt could not be given effect)Confidentialitys 44amd
2009 No. 24 s 1566PART 7—TRANSITIONAL PROVISIONSpt
hdgsub 2006 No. 41 s 45Division
1—Provisions for Misconduct Tribunals Act 1997div hdgins
2006 No. 41 s 45Division2—ProvisionsforCrimeandMisconductandOtherLegislationAmendment Act
2006div hdgins 2006 No. 41 s
46Existing members of tribunals
48prev s 48 om R1 (see RA s 40)pres
s 48 ins 2006 No. 41 s 46Division 3—Provisions for the Criminal
Code and Other Legislation (Misconduct,Breaches of
Discipline and Public Sector Ethics) Amendment Act 2009div 3
(s 49)ins 2009 No. 25 s 76Reprint 2B
effective 2 November 2009Page 41
