Legal Aid Queensland Regulation 2023

1Short title

This regulation may be cited as the Legal Aid Queensland Regulation 2023.

2Commencement

This regulation commences on 1 March 2023.

3Applied provisions—Act, s 42B

For section 42B(1)(a) and (b) of the Act, the following provisions of the Public Sector Act 2022 apply to Legal Aid, its chief executive officer and employees in the way stated—

(a)section 24—

(i)as if a reference to chapter were a reference to sections 24, 25, 27, 32 and 33(1) and (2); and

(ii)as if a reference to each prescribed entity were a reference to Legal Aid; and

(iii)other than the reference in subsection (1)(b) to conducting an annual equity and diversity audit;

(b)section 25—

(i)definitions culture of respect and inclusion, diversity target group, employee and unlawful discrimination; and

(ii)as if a reference to chapter were a reference to sections 24, 25, 27, 32 and 33(1) and (2); and

(iii)as if a reference to a prescribed entity were a reference to Legal Aid;

(c)sections 27, 32 and 33(1) and (2), as if a reference to prescribed entity were a reference to Legal Aid;

(d)chapter 3, part 2, other than section 40(1)(c) to (e);

(e)chapter 3, part 3, other than—

(i)section 44(1); and

(ii)the reference in section 45(2)(b)(iii) to the entity’s equity and diversity plan;

(f)chapter 3, part 4;

(g)chapter 3, part 5, other than section 80;

(h)chapter 3, part 6, division 1;

(i)section 83;

(j)section 85(1);

(k)chapter 3, part 8, division 3, other than section 100;

(l)section 101;

(m)chapter 3, part 8, division 5, other than section 109(1);

(n)chapter 3, part 9, division 1—

(i)other than sections 113 and 114(1), (2) and (5) to (8); and

(ii)with section 114(3) and (4) applying to the extent that section is relevant to the making of a decision by the chief executive under section 115(3);

(o)chapter 3, part 9, division 2, as if a reference in section 120 to 1 year were a reference to 2 years;

(p)chapter 3, parts 10 to 12, other than section 131(1)(h), part 10, division 5 and section 147(3);

(q)chapter 4, part 4, division 2, other than section 160(1)(b);

(r)chapter 4, part 4, division 3, other than section 161(1)(b);

(s)sections 228 and 229;

(t)chapter 6, part 9;

(u)chapter 7, part 2;

(v)chapter 8, part 3;

(w)section 282.

4Applied directives—Act, s 42B

(1)For section 42B(1)(a) and (b) of the Act, directives made under the Public Sector Act 2022 about the following matters apply to Legal Aid and its employees in the way stated—

(a)appeals;

(b)attendance recording and reporting, other than to the extent the directive provides for a class of employees to be exempted from keeping a record;

(c)casual employment, other than to the extent the directive refers to casual employees having a right to request a review of employment status after 1 year;

(d)court attendance and jury service;

(e)discipline, other than to the extent the directive provides for periodic review by the commissioner;

(f)domestic travelling and relieving expenses;

(g)early retirement, retrenchment and redundancy;

(h)suitability for employment;

(i)employment arrangements in the event of a health pandemic;

(j)fixed term temporary employment, other than to the extent the directive refers to fixed term temporary employees having a right to request a review of employment status after 1 year;

(k)higher duties;

(l)hours, overtime and excess travel—

(i)to the extent the directive provides for undertaking overtime, overtime meal allowances and the calculation of excess travel time; and

(ii)as if a reference in the directive to the ordinary spread of hours were a reference to the spread of ordinary hours of duty stated in the Legal Aid Queensland Employees Award—State 2015, clause 15.2;

(m)independent medical examinations, other than to the extent the directive provides for internal review;

(n)employee grievances, other than to the extent the directive provides for grievances to the commissioner about the chief executive of an agency;

(o)international travelling, relieving and living expenses;

(p)leave without salary credited as service;

(q)locality allowances;

(r)long service leave;

(s)motor vehicle allowances;

(t)paid parental leave;

(u)recognition of previous service;

(v)recreation leave;

(w)recruitment and selection, other than to the extent the directive provides for any of the following—

(i)gazette notification;

(ii)the filling of a vacancy to comply with a directive relating to employees affected by workplace change;

(iii)a chief executive to consult with the commission about advertising a vacancy and exemptions from advertising a vacancy;

(iv)a chief executive to consider the Public Sector Act 2022, sections 41 and 177 when deciding whether or not to limit advertising for a vacancy or to exempt a vacancy from advertisement;

(x)sick leave;

(y)special leave;

(z)support for employees affected by domestic and family violence;

(za)suspension, other than to the extent the directive provides for periodic review by the commissioner;

(zb)transfer and appointment expenses;

(zc)work performance information.

(2)In this section—

casual employee see the Public Sector Act 2022, schedule 2.

commission means the Public Sector Commission continued in existence under the Public Sector Act 2022, section 204.

commissioner means the Public Sector Commissioner under the Public Sector Act 2022.

fixed term temporary employee see the Public Sector Act 2022, schedule 2.