Crown Employees Act 1958

Queensland Crown Employees Act 1958 Reprinted as in force on 17 January 1997 Reprint No. 1A * This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 2008 Act No. 38 s 223 * Minor differences in presentation between this reprint and another reprint with the same number are due to the conversion to new styles. The content has not changed.

Information about this reprint This Act is reprinted as at 17 January 1997. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. Minor editorial changes allowed under the provisions of the Reprints Act 1992 have also been made to use aspects of format and printing style consistent with current drafting practice (s 35). This page is specific to this reprint. See previous reprint for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprint. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, hard copy and electronic, are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If a hard copy reprint is dated earlier than an electronic version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of a hard copy reprint is the same as the date shown for an electronic version previously published, it merely means that the electronic version was published before the hard copy version. Also, any revised edition of the previously published electronic version will have the same date as that version. Replacement reprint date If the date of a hard copy reprint is the same as the date shown on another hard copy reprint it means that one is the replacement of the other.

Queensland Crown Employees Act 1958 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Meaning of terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Reappointment to service under the Crown . . . . . . . . . . . . . . . . . 3 4 Continuity of service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Endnotes 1 2 3 4 5 6 7 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 6 6 7 7 7 7

s1 3 s3 Crown Employees Act 1958 Crown Employees Act 1958 [as amended by all amendments that commenced on or before 17 January 1997] An Act relating to employment under the Crown 1 Short title This Act may be cited as the Crown Employees Act 1958 . 2 Meaning of terms In this Act— Crown , without limiting the generality of the meaning thereof, includes any commission, commissioner, corporation, board, instrumentality or person representing the Crown. service , in relation to the Crown, means employment in any capacity in— (a) the public service under and within the meaning of the Public Service Act 1996 ; or (b) the police service under and within the meaning of the Police Service Administration Act 1990 ; or (c) Queensland Rail under and within the meaning of the Transport Infrastructure Act 1994 ; or (d) any other office, position or place under the Crown. 3 Reappointment to service under the Crown (1) Subject to this Act, upon application in writing made in that behalf, and upon being satisfied that the applicant resigned from any permanent service under the Crown in order to become a candidate for election as a senator or member of the House of Representatives of the Parliament of the Commonwealth or as a member of the Legislative Assembly

s4 4 s4 Crown Employees Act 1958 of this State, and that the applicant was a defeated candidate at the election in question, and that the applicant made the application within 3 months after the return of the writ for that election, the Governor in Council or authority or person having power to appoint to the service in question may reappoint the applicant permanently to that service. (2) The reappointment may be to the service under the Crown from which the person resigned as mentioned in subsection (1) or to any other service under the Crown having the same or a lower classification level, rank or grade. (3) A person to whom this Act applies may be reappointed despite the person’s age. (4) However, if the person is mentally or physically incapable of performing the duties of any service under the Crown, the person must not be reappointed. 4 Continuity of service (1) The continuity of the employment in any service under the Crown of a person to whom this Act applies who is reappointed to that service pursuant to an application made by the person as prescribed by this Act, shall be deemed to be not broken by that person having so resigned from that service but the period during which the continuity of the person’s employment in that service was interrupted by the person’s resignation therefrom shall not be taken into account in calculating the aggregate of the continuous employment in that service had by the person. Superannuation etc. (2) Where, consequent upon resigning from any service under the Crown, other than the police service under and within the meaning of the Police Service Administration Act 1990 , a person to whom this Act applies has received a refund of or payment on account of contributions required by law to be made by the person to any superannuation or other benefit fund and so made the person may upon reappointment to that service— (a) repay into the fund in question the amount so refunded or paid to the person, and pay thereinto the amount of

s5 5 s5 Crown Employees Act 1958 the contributions which, if the person had not resigned from the service in question, would have been payable by the person in respect of the period during which the continuity of the person’s employment in that service was interrupted by the person’s resignation therefrom, together with interest on both those amounts at the rate per centum per annum fixed by the person or authority controlling the fund in question; or (b) if the person may lawfully contribute to that fund upon the basis of the person’s age when so reappointed—contribute thereto upon that basis on and from the date of such reappointment. (3) The authority or person controlling the fund in question may allow the person to make repayment and payment as specified in subsection (2)(a) by periodical instalments of such amount and payable respectively at such intervals as it may determine, and may require the person to pay interest at a rate fixed by it upon the unpaid balance thereof. 5 Interpretation To the extent necessary to give operation and effect to this Act— (a) the Public Service Act 1996 ; and (b) the Police Service Administration Act 1990 ; and (c) the Transport Infrastructure Act 1994 ; and every other Act, shall be read subject to this Act.

6 Crown Employees Act 1958 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 17 January 1997. Future amendments of the Crown Employees Act 1958 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No.[X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered

7 Crown Employees Act 1958 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 1A Amendments to 1994 Act No. 29 1996 Act No. 37 Effective 1 July 1994 1 December 1996 Reprint date 8 November 1995 17 January 1997 5 Tables in earlier reprints Name of table Changed citations and remade laws Changed names and titles Obsolete and redundant provisions Reprint No. 1 1 1 6 List of legislation Crown Employees Act 1958 7 Eliz 2 No. 36 date of assent 30 October 1958 commenced on date of assent amending legislation— Anti-Discrimination Amendment Act 1994 No. 29 ss 1–2, 3 sch date of assent 28 June 1994 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 1994 (see s 2) Public Service Act 1996 No. 37 ss 1–2, 147 sch 2 date of assent 22 October 1996 ss 1–2 commenced on date of assent remaining provisions commenced 1 December 1996 (1996 SL No. 361) 7 List of annotations Meaning of terms s 2 def “service” amd 1996 No. 37 s 147 sch 2 Reappointment to service under the Crown s 3 amd 1994 No. 29 s 3 sch; 1996 No. 37 s 147 sch 2

8 Crown Employees Act 1958 Continuity of service s 4 amd R1 (see RA s 37) Interpretation s 5 amd 1996 No. 37 s 147 sch 2 © State of Queensland 2008