Public Service and Other Legislation Amendment Regulation (No. 1) 2018

1Short title

This regulation may be cited as the Public Service and Other Legislation Amendment Regulation (No. 1) 2018.

2Regulation amended

This part amends the Public Sector Ethics Regulation 2010.

3Amendment of schedule (Entities prescribed as public service agencies)

Schedule—
insert—

Queensland Building and Construction Commission and Queensland Building and Construction Employing Office established under the Queensland Building and Construction Commission Act 1991

4Regulation amended

This part amends the Public Service Regulation 2008.

5Insertion of new ss 9E and 9F

Part 2, division 3—
insert—

9ERulings about managing employee complaints

(1)For applying a ruling about managing employee complaints in relation to managing a complaint by an employee in a Hospital and Health Service about the health service chief executive of the service, a reference in the ruling to the commission chief executive is taken to be a reference to the Hospital and Health Board for the Service.

(2)In this section—

Hospital and Health Board see the Hospital and Health Boards Act 2011, schedule 2.

9FRulings about recruitment and selection

(1)For applying a ruling about recruitment and selection in relation to deciding whether a mandatory qualification is required for a position as a health service employee, a qualification consultation requirement in the ruling—

(a)for a position as an employee in the Department of Health, including as an employee working for a Hospital and Health Service—does not apply to the chief executive (health); or

(b)for a position as an employee in a Hospital and Health Service—applies to the health service chief executive of the service as if a reference in the ruling to the commission or the commission chief executive were a reference to the chief executive (health).

(2)Subsection (1) does not apply to the extent the qualification is required—

(a)to comply with an industrial instrument; or

(b)to satisfy a requirement under a law of the Commonwealth or the State, including a requirement for accreditation or registration.

(3)In this section—

qualification consultation requirement means a requirement to consult with, or report to, the commission or the commission chief executive about deciding whether a mandatory qualification is required for a position.

6Replacement of s 14A (Prescribed State employees)

Section 14A—
omit, insert—

14APrescribed State employees—Act, s 26B

For section 26B(1)(g) of the Act, each person mentioned in schedule 3A, other than a person mentioned in section 26B(1)(a), (b), (c), (d), (e) or (f) of the Act, is a State employee.

7Amendment of sch 1 (Public service offices, their heads and applied provisions)

(1)Schedule 1, item 3, column 3, paragraph (a), ‘134 and 138’—
omit, insert—

134, 138, 149 and 149A

(2)Schedule 1, item 3A—
omit.

(3)Schedule 1, item 6, column 3, paragraph (a)—
omit, insert—

(a)section 25, chapter 3 parts 3 and 6, sections 133(2), (3) and (4), 134 and 149, chapter 5 part 6 division 1, division 2 subdivision 1, divisions 4 and 5 and part 7, sections 185 and 186, chapter 7 and section 219A; and

(4)Schedule 1—
insert—

8

Queensland Rural and Industry Development Authority under the Rural and Regional Adjustment Act 1994

chief executive officer

(a)  chapter 3, part 3; and (b)  all of the office’s employees—chapter 3, part 3

(5)Schedule 1, item 11, column 3, paragraph (a), after ‘133(2), (3) and (4),’—
insert—

149 and 149A,

(6)Schedule 1, item 12A, column 3, paragraph (a)—
omit, insert—

(a)chapter 3 part 3, sections 149 and 149A, chapter 5 part 6 divisions 1, 2, 4 and 5 and part 7, sections 185 and 186 and chapter 7; and

(7)Schedule 1, item 13, column 1, ‘office, or other entity,’—
omit, insert—

office or another entity not listed in this schedule, that is

8Amendment of sch 2 (Applied provisions for health service employees)

(1)Schedule 2, part 1—
insert—

9Asection 149A (Commission chief executive must make directive about casual employees)

(2)Schedule 2, part 2—
insert—

9Asection 149A (Commission chief executive must make directive about casual employees)

9Amendment of sch 3, s 2 (Gasfields Commission)

(1)Schedule 3, section 2(2), after paragraph (a)—
insert—

(aa) attendance recording and reporting;

(ab) attraction and retention incentives;

(ac) conversion of casual employees to permanent employment;

(2)Schedule 3, section 2(2)—
insert—

(ha) employment arrangements in the event of a human influenza pandemic;

(3)Schedule 3, section 2(2)—
insert—

(ua) managing employee complaints, other than to the extent a ruling provides for complaints to the commission chief executive about the chief executive of an agency;

(4)Schedule 3, section 2(2)—
insert—

(zha) study and examination leave;

(5)Schedule 3, section 2(2)—
insert—

(zm) workforce profile and work performance information.

10Amendment of sch 3, s 3 (Hospital and Health Services and Department of Health)

(1)Schedule 3, section 3(2)—
insert—

(ba)conversion of casual employees to permanent employment;

(2)Schedule 3, section 3(2)—
insert—

(ha) managing employee complaints;

Note—

Section 9E of this regulation modifies the application of rulings about managing employee complaints.

(hb) medical examinations as mentioned in section 175 of the Act;

(3)Schedule 3, section 3(2)(l)—
insert—

Note—

Section 9F of this regulation modifies the application of rulings about recruitment and selection.

11Amendment of sch 3, s 4 (Legal Aid Queensland)

(1)Schedule 3, section 4(2), after paragraph (a)—
insert—

(aa)conversion of casual employees to permanent employment;

(2)Schedule 3, section 4(2)—
insert—

(da) higher duties;

(3)Schedule 3, section 4(2)—
insert—

(fa)long service leave;

(fb) managing employee complaints, other than to the extent a ruling provides for complaints to the commission chief executive about the chief executive of an agency;

(4)Schedule 3, section 4(2)(k)—
omit.

(5)Schedule 3, section 4(2)—
insert—

(oa) temporary employment;

12Omission of sch 3, s 5 (QRAA)

Schedule 3, section 5—
omit.

13Amendment of sch 3, s 6 (Queensland Ambulance Service)

Schedule 3, section 6(2)—
insert—

(ea) managing employee complaints, other than to the extent a ruling provides for complaints to the commission chief executive about the chief executive of an agency;

14Amendment of sch 3, s 7 (Queensland Building and Construction Commission and employing office)

(1)Schedule 3, section 7(2)—
insert—

(ab) court attendance and jury service;

(ac)critical incident entitlements and conditions;

(ad) declarations of interests for public service employees;

(2)Schedule 3, section 7(2)—
insert—

(cb) employment arrangements in the event of human influenza pandemic;

(3)Schedule 3, section 7(2)—
insert—

(da) employment separation procedures;

(db) gifts and benefits;

(4)Schedule 3, section 7(2)—
insert—

(ea) hours, overtime and excess travel;

(eb) leave without salary credited as service;

(5)Schedule 3, section 7(2)—
insert—

(fa) managing employee complaints, other than to the extent a ruling provides for complaints to the commission chief executive about the chief executive of an agency;

(6)Schedule 3, section 7(2)—
insert—

(ga) recognition of previous service and employment;

(7)Schedule 3, section 7(2)—
insert—

(la) study and examination leave;

(8)Schedule 3, section 7(2)—
insert—

(ma)temporary employment;

15Amendment of sch 3, s 8 (Queensland Fire and Emergency Service)

(1)Schedule 3, section 8(2), after paragraph (a)—
insert—

(aa)domestic travelling and relieving expenses;

(2)Schedule 3, section 8(2)—
insert—

(da)international travelling, relieving and living expenses;

16Insertion of new sch 3, s 8A

Schedule 3—
insert—

8AQueensland Rural and Industry Development Authority

(1)This section applies to the Queensland Rural and Industry Development Authority under the Rural and Regional Adjustment Act 1994.

(2)For all employees of the Queensland Rural and Industry Development Authority, rulings about the following matters—

(a)early retirement, redundancy and retrenchment;

(b)motor vehicle allowances;

(c)paid parental leave;

(d)recreation leave;

(e)support for employees affected by domestic and family violence.

17Amendment of sch 3, s 9 (Residential Tenancies Authority and employing office)

(1)Schedule 3, section 9(2), after paragraph (a)—
insert—

(aa) conversion of casual employees to permanent employment;

(2)Schedule 3, section 9(2)—
insert—

(ha) long service leave;

(hb) managing employee complaints, other than to the extent a ruling provides for complaints to the commission chief executive about the chief executive of an agency;

(3)Schedule 3, section 9(2)(m)—
omit.

(4)Schedule 3, section 9(2)(p)—
omit, insert—

(p)special leave to the extent a ruling provides for bereavement leave;

(pa) study and examination leave;

(5)Schedule 3, section 9(2)—
insert—

(qa) temporary employment;

18Amendment of sch 3, s 11 (Trade and Investment Queensland)

(1)Schedule 3, section 11(2)—
insert—

(ba) conversion of casual employees to permanent employment;

(2)Schedule 3, section 11(2)—
insert—

(oa) managing employee complaints, other than to the extent a ruling provides for complaints to the commission chief executive about the chief executive of an agency;

19Insertion of new sch 3A

After schedule 3—
insert—

Schedule 3A Prescribed State employees

section 14A

1the head of a public service office mentioned in schedule 1 of the Act, other than the Anti-Discrimination Commissioner under the Anti-Discrimination Act 1991

2the head or an employee of a public service office mentioned in schedule 1, other than the Crime and Corruption Commission or a public service office to which schedule 1, item 13 applies

3the commissioner under the Ambulance Service Act 1991

4a member of the board or a committee of the board or an employee of the Gold Coast 2018 Commonwealth Games Corporation established under the Commonwealth Games Arrangements Act 2011

5a commission officer under the Crime and Corruption Act 2001, schedule 2

6the chairperson of the Queensland Redistribution Commission under the Electoral Act 1992

7the deputy electoral commissioner or the nonjudicial appointee under the Electoral Act 1992

Note—

The electoral commissioner is also a State employee. See the entry for the Electoral Commission of Queensland in schedule 1 of the Act.

8an electoral registrar, returning officer or assistant returning officer employed under the Electoral Act 1992

9an issuing officer or another person employed on a temporary basis under the Electoral Act 1992 in connection with the conduct of a particular election or referendum

10the public advocate under the Guardianship and Administration Act 2000

11the privacy commissioner under the Information Privacy Act 2009

12the commissioner under the Legal Profession Act 2007

13a returning officer, assistant returning officer, presiding officer or issuing officer under the Local Government Electoral Act 2011

14the ombudsman or an officer of the ombudsman under the Ombudsman Act 2001

15a member of the Queensland Sentencing Advisory Council established under the Penalties and Sentences Act 1992

16a commissioner for police service reviews under the Police Service Administration Act 1990, section 9.2A(1)

17a member of the Prostitution Licensing Authority established under the Prostitution Act 1999

18a member of the foundation committee under the Queensland Art Gallery Act 1987, section 40C

19a member of the Queensland Building and Construction Board under the Queensland Building and Construction Commission Act 1991

20a person appointed to a committee of the Board of the Queensland Museum under the Queensland Museum Act 1970, section 24

21an honorary assistant under the Queensland Museum Act 1970, section 42C

22a person appointed to a committee of the Queensland Theatre Company under the Queensland Theatre Company Act 1970, section 38

23the Right to Information Commissioner under the Right to Information Act 2009