Managing SES3 and higher corrupt conduct complaints
All public sector employees must perform their roles in accordance with the Code of conduct, the public sector values and relevant legislative responsibilities.
To promote transparency, and to manage any conflicts of interest, complaints about sector leaders—employees classified as Senior Executive Service (SES) 3, or equivalent and higher—that are raised and referred to the Crime and Corruption Commission (CCC) are managed by an independent decision maker.
From 1 March 2023 and applying to departments only, the framework below outlines the process for managing a corrupt conduct complaint devolved by the CCC about a current or former 1 public service employee classified as SES3, or equivalent and higher.
The Public Sector Commission (PSC) oversees the framework, including connecting the department employing the executive with an independent decision maker to oversee matters.
Departments must provide the PSC with progress reports of matters, at minimum, every 6 months from commencement and at completion with a summary of findings and action determined, or on request by the PSC.
The framework summarised below is supported by the complaints management flowchart 317.1 KB) , which outlines the process to refer matters to the PSC.
1 The framework applies to former public service employees, that, at the time the conduct the subject of the complaint arose, were classified at SES3 or higher.
Manage a complaint about
Does not apply to complaints about the:
- Director-General, Department of the Premier and Cabinet (DPC)
- Commissioner, Queensland Fire Department
- Commissioner of Police
- Chief executive of a public service entity, other than a department—complaints should be managed in accordance with instructions from the CCC and the entity’s policies and procedures.
Decision maker
- Director-General, DPC, or
- Another appropriately qualified person, as determined by the Premier.
Delegation
Requires a delegation from the Premier under section 281 of the Public Sector Act 2022.
Public Sector Commission role
- Obtain delegation from the Premier to appoint the DG, DPC or another appropriate person to deal with the complaint.
- Establish an investigation terms of reference, engage independent investigators as necessary, manage investigation and support any discipline process.
- Obtain independent legal advice if required.
- Provide progress reports to the CCC as required.
- Brief the decision maker as required.
Department role
- Limited to providing access to relevant evidence or documentation and potential witnesses.
- Meeting obligations under the Public Interest Disclosure Act 2010.
Decision maker
- Investigation: the CCC, subject to the CCC determining to investigate.
- Decision on discipline: the Premier, on consideration of advice from the Solicitor-General.
Public Sector Commission role
- Obtain independent legal advice if required
- Provide progress reports to the CCC as required
- Support any discipline process
- Brief the Premier as required.
Department role
- For the investigation—as requested by the CCC
- Meeting obligations under the Public Interest Disclosure Act 2010.
Decision maker
- Investigation: the CCC, subject to the CCC determining to investigate.
- Decision on discipline: Governor in Council on the recommendation of the Minister for Fire, Disaster Recovery and Volunteers.
Public Sector Commission role
- Obtain independent legal advice if required
- Provide progress reports to the CCC as required
- Support any discipline process
- Brief the Minister as required.
Department role
- For the investigation—as requested by the CCC
- Meeting obligations under the Public Interest Disclosure Act 2010.
Decision maker
- Investigation: the CCC.
- Decision on discipline: in accordance with section 4.5 of the Police Service Administration Act 1990.
Delegation
Any delegation required is in accordance with legal advice.
Public Sector Commission role
Role, if any, is to be determined considering CCC and any legal advice.
Public service entity role
In accordance with CCC and legal advice.
Includes complaints about senior executives of departments remunerated at level 3 or higher, employed or acting in the role under section 188 or section 189 or on contract for a fixed term under section 155 of the Public Sector Act 2022.
Excludes complaints about:
Decision maker
Independent decision maker, nominated by the Public Sector Commissioner.
Delegation
Requires a delegation from the department’s chief executive officer to the nominated independent decision maker under section 282 of the Public Sector Act 2022.
Public Sector Commission role
- Consider any conflicts of interest in the department to determine whether the department can manage the investigation and support any discipline process.
- Manage the investigation and support any discipline processes where conflicts of interest cannot be managed.
- Provide oversight and support the independent decision maker by advising on key steps in the investigation and discipline process where it is managed by the department.
- Coordinate progress reporting from the department.
Department role
- Identify conflicts of interest and complete a conflicts of interest management plan, if required
- Establish an investigation terms of reference, engage independent investigators as necessary and manage the investigation
- Support the independent decision maker with any discipline process
- Obtain independent legal advice if required
- Provide progress reports to the CCC and PSC as required
- Meeting obligations under the Public Interest Disclosure Act 2010.
Includes complaints about:
- Senior executives of Queensland Health remunerated at level 3 or higher, employed or acting in the role under section 188 or section 189 or on contract for a fixed term under section 155 of the Public Sector Act 2022, who have a direct reporting relationship to the Director-General, Queensland Health.
- Health executives remunerated at the equivalent of senior executive service level 3 or higher, employed under section 67 of the Hospital and Health Boards Act 2011, who have a direct reporting relationship to the Director-General, Queensland Health.
Excludes complaints about:
- Director-General, Queensland Health
- Queensland Health employees with no direct reporting relationship to the Director-General, Queensland Health—managed in accordance with Queensland Health policies and procedures.
Decision maker
Independent decision maker nominated by the Public Sector Commissioner.
Delegation
Requires a delegation from the Director-General, Queensland Health to the nominated independent decision maker under section 282 of the Public Sector Act 2022.
Public Sector Commission role
- Consider any conflicts of interest in the department to determine whether the department can manage the investigation and support any discipline process
- Manage the investigation and support any discipline processes where conflicts of interest cannot be managed
- Provide oversight and support the independent decision maker by advising on key steps in the investigation and discipline process where it is managed by the department
- Coordinate progress reporting from the department.
Department role
- Identify conflicts of interest and complete a conflicts of interest management plan, if required
- Establish an investigation terms of reference, engage independent investigators as necessary and manage the investigation
- Support the independent decision maker with any discipline process
- Obtain independent legal advice if required
- Provide progress reports to the CCC and PSC as required
- Meeting obligations under the Public Interest Disclosure Act 2010.