QueenslandPUBLICSERVICEMANAGEMENTANDEMPLOYMENTACT1988Reprinted as in force on 1 August
1996(includes amendments up to SL No. 41 of
1996)Reprint No. 3AThis reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copy
Information about this reprintThis
Act is reprinted as at 1 August 1996.The reprint shows
the law as amended byall amendments that commenced on or
before that day (Reprints Act 1992 s 5(c)).Thereprintincludesareferencetothelawbywhicheachamendmentwasmade—see list of legislation and list of
annotations in endnotes.Thispageisspecifictothisreprint.SeepreviousreprintsforinformationaboutearlierchangesmadeundertheReprintsAct1992.Atableofearlierreprintsisincluded in the endnotes.Also
see endnotes for information about—•when
provisions commenced•editorial changes made in earlier
reprints.
s15s4Public
Service Management and EmploymentAct 1988PUBLIC SERVICE MANAGEMENT ANDEMPLOYMENT ACT 1988[as amended by
all amendments that commenced on or before 1 August 1996]AnActtoprovideforthemanagementofandemploymentinthepublic service, and to make provision
in relation to other publicsector employees†PART
1—PRELIMINARY˙Short title1.ThisActmaybecitedasthePublicServiceManagementandEmployment Act 1988.˙Interpretation4.(1)In
this Act—“appointment”includes
appointment by way of promotion.“award”has
the same meaning as in theIndustrial Relations Act 1990.“commission”has the same
meaning as in thePublic Sector ManagementCommission Act
1990.“department”means an entity
for the time being specified as a departmentinschedule1,andincludeseveryorganisationalunitthat,foradministrative purposes, is related to the
department.“industrialagreement”meansanindustrialagreement,certifiedagreementorenterpriseflexibilityagreementundertheIndustrialRelations Act
1990.
s46s4Public
Service Management and EmploymentAct 1988“industrial award”means an
award.“industrial tribunal”means an
industrial authority within the meaning oftheIndustrial Relations Act 1990.“misconduct”means—(a)disgracefulorimproperconductthatshowsunfitnesstobeorcontinue as an
officer of the public service; or(b)behaviour that does not satisfy a standard
of behaviour generallyexpected of officers of the public
service.“office”means a position
in the public service ordinarily held by an officer,andincludesaseniorexecutiveservicepositionwithinthepublicservice.“officer”meansanofficerofthepublicservice,andincludesaseniorexecutive who is
an officer of the public service.“public
employment”means employment for which remuneration is
paidfrom expenditure of a department.“public sector”has the same
meaning as in thePublic Sector ManagementCommission Act
1990.“public service”means the
framework within which persons employed inthedepartmentsspecifiedinschedule1givepracticaleffecttothepolicies of the Government.“public service general recruitment
office”means the office establishedunder section 32.“senior
executive”means a person who is appointed to a senior
executiveservice position.“standards”means public sector management standards
issued under thePublic Sector Management Commission Act
1990.“termination”, in relation to
a contract of employment, includes a failure torenew the
contract or to make a fresh contract.“unit of the
public sector”has the same meaning as in thePublic SectorManagement
Commission Act 1990.(2)The
expression“officers of the public service”includes—
s47s4Public
Service Management and EmploymentAct 1988(a)allpersonsandclassesofpersonswho,beforethecommencement of this Act, were appointed to
office under thePublic Service Act 1922; and(b)allpersons,howeverappointed,andclassesofpersonswho,immediately before the commencement of this
Act, are treated as“officers”for the purposes
of thePublic Service Act 1922; and(c)all persons appointed to office
pursuant to part 4 or 5 of this Act;and(d)exceptasprovidedbyorundersubsection(3)allpersonsappointedbytheGovernorinCouncil,beforeorafterthecommencementofthisAct,toanofficewithinadepartment,which office is
expressly provided for by an Act that does notprescribe
whether the office is to be held under thePublic
ServiceAct 1922;and
does not include—(e)persons or a class of person specified
in schedule 2; or(f)personswho,beingmembersofaclassreferredtoinanyofparagraphs (a) to (d) have been removed from
the application ofthePublic Service Act 1922,expressly or impliedly, by or underan
Act; or(g)persons, other than those referred to
in paragraphs (a) to (d) whomayfromtimetotimebeemployedinanycapacityinpublicemployment.(3)The
definition “officers of the public service”, paragraph (d) does
notinclude any person holding an office provided
for by—(a)theTransport
Infrastructure (Railways) Act 1991; or(b)thePolice Service
Administration Act 1990; or(c)theElectricity Act 1994;or any other Act or provision of an Act
for the time being declared for thepurposes of this
subsection by order in council or any person holding anoffice, or an office of a class, for the time
being declared by order in councilnot to be an
office within the public service.
s58s6Public
Service Management and EmploymentAct 1988(4)A reference in or under any Act to the
permanent head, within themeaning of thePublic Service
Act 1922, of a department of governmentshall
be construed as a reference to the chief executive under whose
controlthe department is.˙Administration of Act5.(1)Subjecttosection43(4),thisActshallbeadministeredbytheMinister for the time being charged
with the administration of this Act or byany person for
the time being performing the duties of that Minister.(1A)The person for
the time being administering this Act is referred toin
this Act as the Minister.(2)A power
conferred on the Governor in Council for the purposes ofsection4(3),7(4)(b),9,10,10E(1)or(3),11(5),14,15B,17,18,22(1A)(c) or (d), 26(1)(b), 28, 38 or
40 shall not be exercised except on therecommendation of
the Minister.†PART 2—MANAGEMENT PRINCIPLES
ANDOBJECTIVES OF PUBLIC SERVICE˙Public administration6.Themanagementandadministrationofthepublicserviceshallbedirected towards—(a)maintaining excellence, objectivity,
impartiality and integrity inthe formulation
and delivery to the Government of informationand advice to
assist in the processes of making decisions by theGovernment; and(b)maintaining standards of excellence in
service to the community;and(c)implementingthepoliciesandprioritiesoftheGovernmentresponsively and
responsibly; and
s79s7Public
Service Management and EmploymentAct 1988(d)reviewingandimprovingtheefficiencyandeffectivenesswithwhich services are provided to the
community; and(e)maintainingapropernexusbetweenresponsibilityandtheauthorityrequiredtodischargetheresponsibilityandaccountability for the proper discharge of
responsibility; and(f)deployingandutilisingresourcestothemaximumoftheireffectiveness.˙Personnel management7.(1)Personnel management within the public
service shall be directedtowards achieving the following
principles—(a)processes for selecting persons for
appointment and appointmentof persons to or
within the public service to be directed towardsandbebaseduponaproperassessmentofthemeritoftheapplicants;(b)officers to be treated fairly and not to be
subjected to arbitrary orcapricious acts or decisions;(c)officers to be accorded equal
opportunities, having regard to theirqualifications
and callings, to secure promotion and advancement;(d)officers to have reasonable access to
training and development, ofselfandskills,andtobeemployedinemployment,wherepossiblehavingregardtoitsavailability,appropriatetotheirrespective
capacities;(e)officers to be provided with safe and
healthy working conditions;(f)officers to be remunerated at rates that are
commensurate with theresponsibilities undertaken by
them.(2)Subsection (1)(a) does not apply to
the transfer of an officer to anoffice if the
transfer is made under the regulations, the standards or anyredundancy arrangements approved by the
Governor in Council.(3)The principles mentioned in subsection
(1) have effect, in relation tosenior executives
who are officers, subject to—(a)the
management principles mentioned in section 10D;
s
810s 9Public Service
Management and EmploymentAct 1988(b)arrangementsapprovedbytheGovernorinCouncilfortheassignment of senior executives within
and between units of thepublic sector.(4)Subsection(1)(a)doesnotapplytotheappointmentofaseniorexecutive if the
appointment is made—(a)before 30 June
1995; and(b)under arrangements approved by the
Governor in Council for theestablishment of
the senior executive service.(5)A
regulation may extend the day mentioned in subsection (4)(a)
toanother day not more than 1 year after the
first day.†PART 3—DEPARTMENTS˙Existing departments8.The
entities specified as departments in schedule 1, column 1 are
thedepartments of government of Queensland and
shall continue to be suchdepartments until it is otherwise
declared under section 9.˙Creation etc. of
departments9.(1)TheGovernorinCouncilmayfromtimetotime,byorderincouncil, do 1 or more of the
following—(a)bring a department into being—(i)bydeclaringanyentityspecifiedintheordertobeadepartment of government; or(ii)byamalgamating2ormoredepartmentsorpartsofdepartments,orbyamalgamatinganypartorpartsofadepartment or parts of 2 or more
departments with anotherdepartment,anddeclaringtheentitysoformedtobeadepartment of
government;(b)amalgamate a department or part of a
department with another
s
1011s 10Public Service
Management and EmploymentAct 1988department,
having the effect that the firstmentioned departmentor,
as the case may be, that part thereby becomes part of the
otherdepartment;(c)assignanametoanewdepartmentorchangethenameofadepartment;(d)create an entity and add the entity to any
department;(e)discontinue a department or part of a
department.(2)When the Governor in Council has, by
order in council, exercised apower conferred
on the Governor in Council by subsection (1) schedule 1shall
be amended if necessary by the same or a further order in council
toreflect the change or changes effected by the
exercise of power.(3)Whenadepartmentorpartofadepartmentisamalgamatedwithanother department all officers and employees
of the department or partshall, because of that amalgamation,
become officers or, as the case may be,employeesofthatotherdepartmentunlessotherwisedeterminedbytheGovernor in Council.˙Functions and duties of
departments10.(1)TheGovernorinCouncilmay,fromtimetotimebyorderincouncil—(a)entrust to a department such functions and
responsibilities as theGovernor in Council believes can be
efficiently discharged in thatdepartment;
and(b)relieve a department of such functions
and responsibilities as theGovernor in
Council thinks fit; and(c)transfer from 1
department to another department such officersand provide for
all such arrangements and prescribe in respect ofall
such matters as the Governor in Council considers
appropriateto give effect to an order in council made
under this subsection;and every such order in council shall
have force and effect in law and shallbe given effect
by all persons concerned.(2)The functions
and responsibilities of a department in being at thecommencement of this Act shall be those
discharged by the department at
s
10A12Public Service Management and
EmploymentAct 1988s 10DthecommencementofthisActasaddedtoordiminishedbyorderincouncil made under subsection (1).†PART 4—SENIOR EXECUTIVE SERVICE†Division 1—The senior executive
service generally˙Establishment of senior executive
service10A.A senior
executive service is established within the public sector.˙Purpose of senior executive
service10B.The senior
executive service is established to promote the efficiencyand
effectiveness of the public sector by attracting, developing and
retaininga core of mobile, highly skilled senior
executives who are responsive togovernment,
industry and community needs.˙Composition of senior executive
service10C.Theseniorexecutiveserviceconsistsofthechiefexecutivesofdepartments and persons appointed to senior
executive service positions.˙Management principles applying to senior
executive service10D.(1)Thefollowingmanagementprinciplesapplytotheseniorexecutive service—(a)merit and equity are to apply to the
recruitment and selection ofsenior
executives; and(b)senior executives are to be encouraged
to—(i)develop a public sector wide
perspective; and(ii)continue their
executive development; and
s
10E13Public Service Management and
EmploymentAct 1988s 10E(iii)developtheirskillsthroughtheirassignmentwithinandbetween units of the public sector;
and(c)performanceplanningandreviewformsthebasisoftheassessmentofworkperformanceandexecutivedevelopmentdecisions.(2)StandardsmaybeissuedunderthePublicSectorManagementCommissionAct1990,section4.13withrespecttotheseniorexecutiveservice,including,forexample,suchprovisionasisnecessaryorconvenienttocarryoutorgiveeffecttothemanagementprinciplesmentioned in
subsection (1) of this section.(3)Those management principles are prescribed
management principlesfor the purposes of thePublic Sector Management Commission Act
1990,section 4.13.˙Creation of senior executive service
positions etc.10E.(1)The Governor in
Council may, by gazette notice—(a)determine and alter senior executive levels;
and(b)create and abolish senior executive
service positions within unitsof the public
sector; and(c)allocate senior executive service
levels to senior executive servicepositions on
their creation.(2)The Governor in Council may, by
gazette notice—(a)appoint and second persons to senior
executive service positions;and(b)revoke the appointments and
secondments of senior executives.(3)The
chief executive (however described) of a unit of the public
sectormay,inaccordancewitharrangementsapprovedbytheGovernorinCouncil, vary the senior executive
service level allocated to a particularsenior executive
service position.(4)The appointment or secondment of a
person who is not an officer,but holds an
office under an Act other than this Act, to a senior
executiveservice position does not affect the person’s
appointment to the office under
s
1114s 12Public Service
Management and EmploymentAct 1988the other Act, or
the terms and conditions of that appointment, except so farastheinstrumentofappointmentorsecondmentotherwiseexpresslyprovides.†Division 2—Chief executives of
departments˙Position of chief executive11.(1)Each department
shall be under the control of a chief executive.(2)A chief executive shall be appointed
to office by the Governor inCouncil, by
notification published in the gazette, who, in the instrument
ofappointment, shall specify the title of
office by which the chief executiveshall be
known.(2A)Every person who
because of appointment to a particular officewould become the
chief executive of a department shall be appointed to theoffice under this subsection upon the
conditions of employment prescribedby this Act for
employment of chief executives, despite the provisions ofany
other Act.(3)Subsection(2)doesnotextendtotheappointmentoftheAuditor-GeneralortheCommissionerofthePoliceServicewhoshallcontinue to be
appointed pursuant to theFinancial Administration and
AuditAct 1977and thePolice Service Administration Act
1990respectively.(4)The
chief executive in control of a department specified in schedule
1is the person holding the office referred to
in the column 2 of that scheduleopposite the
reference to that department.(5)If
at any time the title of office of the chief executive in control
of adepartment is changed or any other change
occurs that makes schedule 1inaccurate, that
schedule shall be amended by order in council to reflect thechange.˙Responsibility of chief executive12.(1)SubjecttotheMinisterforthetimebeingresponsibleforthedepartment,thechiefexecutiveofadepartmentisresponsiblefortheefficientandpropermanagementandfunctioningofthedepartmentin
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1215s 12Public Service
Management and EmploymentAct 1988accordancewiththisActandeveryotherActthatprovidesformattersrelevant to any
activity within the administration of the department and ishereby authorised to do and suffer, subject
to this Act and such other Act,all such acts and
things as the chief executive thinks necessary or expedientto
the proper discharge of his or her responsibility.(2)In discharging his or her
responsibilities, whether under this Act orany other Act,
the chief executive shall—(a)observe the
principles of public administration and of personnelmanagement prescribed by this Act;
and(b)observe any relevant industrial award
or industrial agreement andany relevant
determination or rule made by an industrial tribunal;and(c)subject to this
Act, ensure compliance with all applicable Acts,regulations,lawfuldirectives,rules,instructions,standards,policies and
procedures; and(d)have regard to all relevant guidelines
issued pursuant to this Act.(3)Withoutlimitingachiefexecutive’sresponsibilitiesundersubsection (1) that responsibility includes
responsibility for the followingmatters—(a)determination of priorities;(b)determination of the appropriate
organisational structure of thedepartment;(c)redesignation of offices;(d)control of the department’s financial
and other resources;(e)selection of
staff and recruitment of staff other than recruitmentforwhichthepublicservicegeneralrecruitmentofficeisresponsible;(f)the
determination of the number and deployment and the locationof
headquarters of staff;(g)determination of
levels of salary of staff;(h)qualifications
required for holding offices and duties attaching tooffices;
s
1216s 12Public Service
Management and EmploymentAct 1988(i)recommendations for promotion of
staff;(j)training and development of
staff;(k)discipline of staff;(l)appraisal of staff performance;(m)approval and administration of leave
arrangements;(n)redeployment and retraining of
officers;(o)termination of employment of
staff;(p)determination of the times between
which each member of staffshall work ordinary hours of
work;(q)developmentofmeanstoensureallstaffmembersaretreatedjustly and
fairly;(r)maintenance of proper records.(3A)Withoutlimitingachiefexecutive’sresponsibilityundersubsection(1),thatresponsibilityextendstoseniorexecutiveservicepositionswithinthechiefexecutive’sdepartmentandincludes,inparticular—(a)subject to this part, responsibility in
relation to such positions formatters
mentioned in subsection (3); and(b)responsibilityformattersarisingoutofthechiefexecutivepowers under this part.(4)As
soon as is practicable after the commencement of this Act
andfrom time to time after that commencement so
that no more than 5 yearsexpire between publication of one
notification under this subsection and thepublication of
the next such notification the Governor in Council shall, bynotification in the gazette, publish in
respect of each chief executive of adepartment a list
of—(a)the names of the department and all
organisational units in thedepartmentfortheefficientandpropermanagementandfunctioning of which the chief executive is
responsible; and(b)the titles of all Acts with the
administration of which the chiefexecutive is
concerned.
s
1317s 14Public Service
Management and EmploymentAct 1988˙Delegation of powers and functions13.(1)The chief
executive may, either generally or otherwise as providedby
the instrument of delegation, by instrument in writing under the
chiefexecutive’s hand delegate to any officer in
the department or to the personwho for the time
being holds or performs the duties of any office in thedepartment all or any of the powers or
functions incidental in the dischargeof the
responsibilities of the chief executive.(2)Adelegationofapowerorfunctionmaybemadesubjecttoconditions and limitations or
absolutely and shall not prejudice the makingby the chief
executive of other delegations of the same power or
function.(3)A delegate to whom a power or function
has been so delegated may,whilethedelegationsubsists,doandsufferallsuchactsandthingsinaccordance with the terms of the delegation
as he or she thinks necessary orexpedient to the
proper exercise or discharge of the power or function.(4)An act or thing done or suffered by a
delegate acting in accordancewith a delegation
has the same force and effect as if the act or thing hadbeen
done or suffered by the chief executive.(5)A
delegation of a power or function incidental in the discharge of
aresponsibility of a chief executive shall
not—(a)affect the exercise or discharge of
the power or function by thechief executive;
or(b)relieve the chief executive from his
or her obligation to ensure thatthe
responsibility is properly discharged.˙Basis
of employment of chief executive14.(1)The
conditions of employment of a chief executive—(a)shallbeasapprovedfromtimetotimebytheGovernorinCouncil and accepted by the person who is or
is to be the chiefexecutive; and(b)shall be governed by a contract of
employment made or deemedto be made between the Crown and the
chief executive.(2)Where there has been made to any
person an offer of a contract ofemployment with
respect to his or her employment in a position that
under
s
1518s 15Public Service
Management and EmploymentAct 1988this Act is a
position of a chief executive (whether the offer is made
beforeor after the commencement of this Act) it
shall be deemed—(a)where the offer is made before the
person’s appointment to theposition—that,
upon accepting appointment to the position; or(b)wheretheofferismadeaftertheperson’sappointmenttotheposition—that, upon agreeing to being
engaged under a contractof employment in the position;the
person has made with the Crown a contract of employment upon
theconditions approved by the Governor in
Council in relation to the positionand conveyed to
the person.(3)Theprovisionsofsubsections(1)and(2)donotapplytoemploymentinthepositionofAuditor-GeneralorCommissionerofthePolice Service.˙Acting
as chief executive15.Ifatanytimeachiefexecutiveisunabletodischargethechiefexecutive’s
responsibilities because of his or her absence or incapacity or
ifatanytimethereisavacancyintheofficeofchiefexecutiveanditisexpedient that someone should assume those
responsibilities, the Ministerforthetimebeingresponsibleforthedepartmentconcernedmay,bywriting under the Minister’s hand, authorise
any other officer who, in theMinister’sopinion,possessesappropriatequalificationstodischargetheresponsibilities of the chief executive,
despite the provisions of any otherAct,
whereupon—(a)theMinistershalldeterminetheremunerationpayabletotheofficersoauthorised,whiletheofficerdischargesthoseresponsibilities, but in no case exceeding
that payable for the timebeing to the chief executive or, as
the case may be, to the lastholder of the
office; and(b)thepersonsoauthorisedshallhaveandmaydischargeandexercise all the responsibilities,
functions, duties and powers ofthechiefexecutive,whilehisorherauthorisationcontinuesdespite the provisions of any other
Act.
s
15A19Public Service Management and
EmploymentAct 1988s 15D†Division 3—Other provisions relating
to senior executives˙Tenure based on
satisfactory performance15A.(1)Aseniorexecutiveistohavetenureattheseniorexecutiveservicelevelallocatedtothepositiontowhichtheseniorexecutiveisappointed.(2)Tenure is conditional on continuing
satisfactory work performanceand is to be
given effect to by performance planning and review.(3)This section does not apply to—(a)a chief executive; or(b)a person engaged on a contract basis
to perform duties of a seniorexecutiveservicepositioninaccordancewitharrangementsdetermined by
the commission.˙Assignment within senior executive
service15B.TheGovernorinCouncilmay,inagazettenotice,approvearrangements for the assignment of senior
executives within and betweenunits of the
public sector.˙Terms and conditions of
employment15C.Senior
executives are employed on such terms and conditions, notprovided for by this Act or any other Act, as
are prescribed.˙Senior executives not subject to
industrial awards and agreements15D.Awardsandindustrialagreementsdonotapplytoseniorexecutives.
s
1620s 18Public Service
Management and EmploymentAct 1988†PART
5—PROVISIONS AFFECTING STAFF˙Authority to appoint officers16.(1)Authority to
appoint any person as an officer of the public serviceortoappointorsecondanyofficertoanyofficeliessolelywiththeGovernor in Council.(2)Appointment to any office within a
department provided for by anyother Act shall
be made under the authority conferred by subsection (1)upon
the conditions of employment prescribed by or under this Act that
areapplicable to the office, despite the
provisions of any other Act.(3)This
section does not apply to the appointment or secondment of aperson (including an officer) to a senior
executive service position.˙Assignment of power to appoint17.(1)The Governor in
Council may, by order in council, declare that thepower—(a)to
appoint to an office or class of office; or(b)to
appoint or second any officer or member of a class of officer
toan office or to a class of office;maybeexercisedbytheMinisterresponsibleforthedepartmentwithinwhich
is the office to which appointment or secondment is to be made or
bysuch other person within that department
having authority conferred by theMinister in that
behalf.(1A)Every such order
shall be effectual to confer the necessary power toappoint or second in accordance with its
terms.(2)This section does not apply to the
appointment or secondment of aperson (including
an officer) to a senior executive service position.˙Publication of appointments18.Notification of every appointment of a
person as an officer of thepublic service or
appointment or secondment of an officer to an office
shall
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1921s 20Public Service
Management and EmploymentAct 1988be published in
the gazette, except where—(a)the appointment
is of officers for whose recruitment the publicservice general
recruitment office is responsible; or(b)the
appointment or secondment is to an office of a class of
officefor the time being approved by the Governor
in Council as a classof office to which this section does
not apply.˙Bases of employment in public
service19.(1)Appointment to
an office within the public service, including byway
of promotion—(a)shall be made on the basis of
full-time employment, if the officeis not one or
one of a class of office referred to in paragraph (b);or(b)may be made on
the basis of part-time employment, if the officeis
one or one of a class of office approved by the Governor inCouncil to be open to appointment on that
basis;(2)Appointment to any office within the
public service, including byway of promotion,
shall be made as follows—(a)iftheofficeisonedeclaredpursuanttosubsection(3)—theappointment shall be made for a limited
duration of tenure;(b)if the office is one not declared
pursuant to subsection (3)—theappointment
shall be upon tenure that is not limited by time.(3)The Governor in Council may, by order
in council, declare any officeor class of
office, other than that of chief executive, to be an office or
classof office to which appointment shall be made
upon a contract basis.(3A)Whilesuchadeclarationsubsists,appointmenttotheofficesodeclared or to an office of a class so
declared shall be made upon a contractbasis.˙Conditions of employment on
contract20.(1)Where
appointment to an office within the public service is dulymade
under this Act upon a contract basis, the conditions of employment
in
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2022s 20Public Service
Management and EmploymentAct 1988that
office—(a)shallbeasapprovedfromtimetotimebytheGovernorinCouncil and accepted by the person who is or
is to be the holderof the office; and(b)shall be governed by a contract of
employment made or deemedtobemadebetweentheCrownandtheofficerconcernedandattestedonbehalfoftheCrownbythechiefexecutiveofthedepartment in
which the appointment is made; and(c)shallnotbesubjecttoanyindustrialawardorindustrialagreement or any
determination or rule of an industrial tribunal.(2)Where there has been made to any
person an offer of a contract ofemploymentwithrespecttotheperson’semploymentinanofficethatunder
this Act is one to which appointment shall be made upon a
contractbasis (whether the offer is made before or
after the commencement of thisAct) it shall be
deemed—(a)where the offer is made before the
person’s appointment to theoffice—that upon
accepting appointment to the office; or(b)wheretheofferismadeaftertheperson’sappointmenttotheoffice—that, upon agreeing to being
engaged under a contract ofemployment in
the office;the person has made with the Crown a contract
of employment upon theconditions approved by the Governor in
Council in relation to the office andconveyed to the
person.(3)If at any time an appointment to an
office purporting to have beenmadeunderthisActuponacontractbasisisnotdulysomade,theappointment shall be deemed to have been made
upon a tenure that is notlimited by time and upon conditions of
employment provided for by anyrelevant
industrial award or industrial agreement and the appointee
shallhold the office accordingly.(4)Where the contract of employment made
or deemed to have beenmadewiththeCrownbyanofficerofthepublicservicewhoholdsanofficeuponacontractbasisisterminatedotherwisethanbywayofdisciplinary
action under this Act, the officer is entitled to elect to
continueto be employed as an officer, though not upon
a contract basis, at a level of
s
2023s 20Public Service
Management and EmploymentAct 1988salary determined
by the chief executive of the department in which theofficer held such office, but not less than
the level of salary at which thepersonwasemployedatthetimeimmediatelybeforethepersonfirstacceptedemploymentuponacontractbasis,adjustedtoaccordwithmovements in rates of salaries since that
time and, if the person does soelect, the
officer shall renounce all entitlements secured to the person by
thecontract of employment in the event of its
termination in the circumstancesin which the
termination has occurred.(4A)Every such
election—(a)shall be made in writing signed by the
officer and given to thechief executive of the department in
which the officer is employedno later than 14
days after notice of termination of the contract hasbeen
given to the officer; and(b)uponbeingdulymade,shallhavetheeffectthattheelector’sservices as an
officer shall be deemed not to have been terminatedby
the termination of the person’s contract of employment but
tohavecontinuedinaccordancewiththetermsofelectionprescribed by
this subsection.(4B)Subsections (4)
and (4A) apply only in relation to—(a)an
office of a class prescribed by regulation; and(b)an
officer who at the time the officer was first appointed to
anofficeuponacontractbasisheldanofficewithinthepublicservice upon a
tenure unlimited by time, and whose service in thelast
office and in any office or offices subsequently held by theofficer until the termination of the
contract in question has beencontinuous.(5)Service of an officer shall be deemed to be
continuous if it accordswitharegulation(ifany)relatingtocontinuityofserviceinthepublicservice.(6)If a person who is employed on a
contract basis accepts appointmentto a position in
the public service, the contract is taken to be terminated
bymutual agreement and the person is not
entitled to a payment under thecontract because
of that termination.
s
2124s 23Public Service
Management and EmploymentAct 1988˙Creation of offices21.(1)TheGovernorinCouncilmay,ontherecommendationofthechief executive of the department
concerned, create or abolish offices withina
department.(2)This section does not apply to senior
executive service positions.˙Vacancies to be advertised22.(1)Where it is
proposed to make an appointment to fill a vacancy inan
office within the public service, a notification of the existence
of thevacancyseekingapplicantstofillthevacancyshallbepublishedinthegazetteforaperiodprescribedbyregulationbeforeanyappointmentismade.(1A)Subsection (1)
does not apply if the office in which the vacancyexists—(a)is
an office for which the public service general recruitment
officeis responsible for recruitment; or(b)is of a temporary nature and the
vacancy is not required to beadvertised under
the standards; or(c)is an office in relation to which a
vacancy in the office need not beadvertisedundertheregulationsorthestandardsorunderredundancy
arrangements approved by the Governor in Council;or(d)isaseniorexecutiveservicepositioninrelationtowhichavacancyinthepositionneednotbeadvertisedunderarrangementsapprovedbytheGovernorinCouncilfortheestablishment of the senior executive
service.(2)The upgrading of any office creates a
vacancy in that office for thepurposes of
subsection (1).˙Appointment on probation23.(1)Thissectiondoesnotapplytoanappointmentasaseniorexecutive.
s
2325s 23Public Service
Management and EmploymentAct 1988(2)A
person who is not already an officer of the public service and
whois appointed to an office shall be so
appointed on probation for a period notless than 12
months.(3)A person who is already an officer and
who is appointed by way ofpromotion to an office shall be so
appointed on probation for a period notless than 6
months.(4)Where a person has been appointed on
probation in compliance withsubsection (2) or
(3)—(a)ifimmediatelybeforeappointmentthepersonwasnotanofficer—the
prescribed authority may—(i)atanytimeduringaperiodofprobation,terminatetheemployment in the public service of
the person; or(ii)upontheexpiryofaperiodofprobation,confirmtheappointment, extend the period of
probation, or rescind theappointment and thereby terminate the
employment in thepublic service of the person; or(b)if immediately before appointment the
person was an officer—the prescribed authority may—(i)atanytimeduringaperiodofprobation,rescindtheappointment; or(ii)upontheexpiryofaperiodofprobation,confirmtheappointment, extend the period of
probation or rescind theappointment.(5)Whereanappointmentisrescindedundersubsection(4)(b)theservices of the officer shall be
retained in the department in or to which theperson was so
appointed at a level of salary not less than the level of
salaryof the person immediately before the person
was so appointed, until theperson is
appointed to an office elsewhere or is otherwise duly dealt with
inaccordance with this Act.(6)If a
person who has been appointed on probation in compliance
withsubsection (2) or (3) is still serving a
period of probation upon the expiry of18monthsafterthedateofappointmentonprobation,then,ifwithin1 month after
that expiry the appointment has been neither confirmed norrescinded, the appointment shall be deemed to
have been confirmed upon
s
2426s 26Public Service
Management and EmploymentAct 1988that
expiry.(7)In this section the—“prescribed authority”meansthechiefexecutiveofthedepartmentinwhich the appointee is employed.˙Officer not to refuse transfer24.(1)An officer of
the public service who is transferred from one officetoanotherbybeingdulyappointedtoanofficeasholderofwhichtheperson will be entitled to a level of salary
not less than the person’s existinglevel of salary,
shall accept the transfer unless the person establishes to
thesatisfactionofthechiefexecutiveconcernedreasonablegroundsfornotaccepting the
transfer.(2)If the officer indicates his or her
refusal of the transfer and fails toestablishtothesatisfactionofthechiefexecutiveconcernedreasonablegrounds for not
accepting the transfer, the chief executive may direct theofficer to accept the transfer and to attend
for work in the office to which theofficer has been
so appointed.˙Resignation from public service25.(1)An officer of
the public service whose conditions of employmentare
governed by a contract of employment that provides for the
officer’sresignation and the manner of resignation may
resign the employment inaccordance with the contract of
employment.(2)Anofficerofthepublicserviceotherthanonereferredtoinsubsection (1) may at any time resign
his or her employment.˙Retirement from
public service26.(1)An officer of
the public service may elect to retire from the publicservice—(a)on
or after turning 55; or(b)under the
regulations or the standards or under a voluntary earlyretirement scheme approved by the Governor
in Council.
s
2727s 27Public Service
Management and EmploymentAct 1988(2)If
the prescribed authority suspects on reasonable grounds that
anofficer because of mental or physical
infirmity has not the capacity or isunfit—(a)to discharge efficiently the duties of
his or her office; and(b)to discharge
efficiently any other duties that the chief executive ofthe
department in which the officer is employed might reasonablydirect the officer to discharge;theprescribedauthorityshallobtainmedicalopinionontheofficer’scondition and to that end may appoint any
medical practitioner or medicalpractitionerstoexaminetheofficerandreporttowhomsoevertheprescribed authority directs upon the
officer’s mental or physical conditionorbothandmaydirecttheofficertosubmithimselforherselftosuchexamination.(3)If
the prescribed authority believes on reasonable grounds that
anofficer because of mental or physical
infirmity has not the capacity or isunfit as
prescribed by subsection (2), the prescribed authority may call
uponthe officer to retire from the public service
within a time specified by theprescribed
authority.(4)If an officer called upon under
subsection (3) to retire does not retirewithin the time
specified, the prescribed authority may dismiss the officerfrom
the public service.(5)In this section—“prescribed
authority”means—(a)in
respect of a chief executive—the Governor in Council; or(b)inrespectofanyotherofficer—thechiefexecutiveofthedepartment in which the officer is
employed.˙Mode of resignation or
retirement27.The resignation or retirement of an
officer of the public service shallbe effected by
writing signed by the officer given—(a)in
the case of a chief executive—to the Minister for the time
beingresponsibleforthedepartmentofwhichtheofficerischiefexecutive;
or
s
2828s 29Public Service
Management and EmploymentAct 1988(b)inthecaseofanyotherofficer—tothechiefexecutiveofthedepartment in
which the officer is employed;and shall be
given and take effect as prescribed by regulation.˙Retrenchment28.Where the Governor in Council is satisfied
that—(a)anofficernolongerholdsanoffice,ortheofficeheldbyanofficer is
surplus to the requirements of the department concernedbecause—(i)the
duties of the office are no longer required; or(ii)the
duties of the office are being performed by the holder ofanother office; and(b)it
is not practicable to retrain or redeploy the officer or the
officernotifiesthechiefexecutiveofthedepartmentconcerned,inwriting, that the officer elects not to be
retrained or redeployed;and(c)redundancy arrangements under the
regulations or the standards,orapprovedbytheGovernorinCouncil,havebeencompliedwith
in relation to the officer;the Governor in
Council may terminate the services of the officer by way ofretrenchment in accordance with those
redundancy arrangements.˙Discipline29.(1)An officer of
the public service is liable to disciplinary action uponany
of the following grounds shown to the satisfaction of the
prescribedauthority to exist, namely—(a)incompetenceorinefficiencyinthedischargeofthedutiesofoffice;(b)negligence,carelessnessorindolenceinthedischargeoftheduties of office;(c)misconduct;
s
2929s 29Public Service
Management and EmploymentAct 1988(d)absence from duty except—(i)upon leave duly granted as prescribed;
or(ii)with reasonable
cause;(e)wilfulfailuretocomplywithalawfuldirectionissuedtotheofficer by any person having authority
over the officer;(f)wilful failure to comply with any
provision of a code of conductapproved by the
Governor in Council for officers of the publicservice.(2)Where action against an officer is
contemplated on a ground referredto in subsection
(1)(d), the prescribed authority may appoint any medicalpractitioner or medical practitioners to
examine the officer and to report totheprescribedauthorityorastheprescribedauthoritydirectsupontheofficer’s mental or physical condition
or both, and may direct the officer tosubmit himself of
herself to such examination.(3)Iftheprescribedauthorityissatisfiedthatanofficershouldbedisciplined under subsection (1), the
prescribed authority may order that theofficer be
disciplined in a manner that appears to the prescribed authority
tobe warranted, having regard to any relevant
standards that may have beenissued in
relation to the exercise of discipline.(3A)Withoutlimitingtherangeofdisciplinesthatmaybeimposedunder
subsection (3), such disciplines may consist of—(a)dismissal; or(b)reprimand; or(c)forfeiture or deferment of a salary
increment or increase; or(d)reduction in the
officer’s level of salary; or(e)a
deduction from the officer’s salary of an amount not
exceeding$100.(3B)Every order made under subsection (3) shall
take effect in law andshall be given effect.(4)In this subsection—“prescribed authority”means—
s
3030s 30Public Service
Management and EmploymentAct 1988(a)the
Governor in Council—in respect of an officer who is a chiefexecutive; or(b)inrespectofanyotherofficer,thechiefexecutiveofthedepartment in
which the officer concerned is employed.˙Suspension30.(1)Whereitappearsonreasonablegroundstothepersonwhoisauthorisedbythissubsectiontosuspendtheofficerinquestionthattheofficer is liable to disciplinary
action under section 29 or is suspected ofinvolvementincircumstancessuchthattheefficientandpropermanagement of a
department might be prejudiced if the officer’s servicesare
continued, the officer—(a)if the officer
is a chief executive—may be suspended from dutyby the Minister
for the time being responsible for the departmentof
which the officer is chief executive;(b)if
the officer is any other officer—may be suspended from dutyby
the chief executive of the department in which the officer
isemployed.(2)Asuspensionimposedonanofficerundersubsection(1)maybeliftedatanytimebythepersonholdingtheofficeofthepersonwhoimposed it.(3)An
officer suspended from duty shall not be entitled to receive
salaryfor any period during which the officer does
not perform the duties of his orher office,
unless the Governor in Council otherwise determines.(4)An officer suspended from duty who is
not entitled to salary for theperiod of
suspension, if the officer resumes duty as an officer of the
publicserviceupontheliftingoftheofficer’ssuspension,shallbeentitledtoreceive a sum equivalent to the amount of
salary the officer would havereceived had the
officer not been suspended diminished by the amount ofsalary, wages or fees (if any) to which the
officer became entitled from anyothersourceduringtheperiodoftheofficer’ssuspension,unlesstheGovernor in Council otherwise
determines.
s
3131s 34Public Service
Management and EmploymentAct 1988˙Mode
of dismissal or suspension31.(1)Dismissal or
suspension of an officer of the public service shall beeffectedinaccordancewiththisAct,anyrelevantstandardsandtheprinciples of
natural justice.(2)Dismissal or suspension of an officer
shall be effected—(a)in the case of dismissal of a chief
executive—by writing signedby the Premier
and given to the officer; or(b)in
the case of suspension of a chief executive—by writing
signedby the Minister for the time being
responsible for the departmentof which the
officer is chief executive and given to the officer; or(c)in any other case—by writing signed by
the chief executive of thedepartmentinwhichtheofficerisemployedandgiventotheofficer.˙Public
service general recruitment office32.The
Governor in Council may establish in any department an
officethe functions of which shall be—(a)subjecttoanyrelevantstandards,todeterminetheminimumqualifications
required for appointment as an officer of the publicserviceofofficersoftheclass,clericalandadministrativepersonnel—unclassified; and(b)toprovideacentralisedavenueforrecruitmenttothepublicserviceofofficersoftheclass,clericalandadministrativepersonnel—unclassified and such other class
as the Governor inCouncil may determine from time to time;
and(c)toarrangeforretrainingofofficersandtheirredeploymentelsewhere than
in the department in which they are officers.˙Engagement of staff other than
officers34.(1)Achiefexecutivemayengagetheservicesofapersoninthedepartment of which he or she is chief
executive if—(a)the position in which that person’s
services are to be employed is
s
3832s 38Public Service
Management and EmploymentAct 1988of a kind
ordinarily held by a person who is not an officer; or(b)the position being of a kind
ordinarily held by an officer (otherthanaseniorexecutive),theengagementisrequiredtomeettemporary
circumstances existing in the department or is upon abasis not permissible for the engagement of
an officer.(1A)Theappointmentofapersonwhoseservicesareengagedundersubsection (1) shall be made in writing
signed by the chief executive.(2)An
engagement of any person under subsection (1) may be on suchbasis, for such duration of tenure and on
such terms and conditions as areagreed between
that person and the chief executive, subject to any
applicableindustrial award or industrial
agreement.(3)A person appointed by a chief
executive under this section shall notby the
appointment become an officer of the public service.†PART 7—MISCELLANEOUS PROVISIONS˙Transitional provisions38.(1)Upon the
commencement of this Act a reference in any other Actor in
any regulation to thePublic Service Act 1922shall, where practicableand the context
permits, be read as a reference to this Act.(2)No
act done or decision taken before the commencement of this
Actbyanypersonpurportingtodotheactortakethedecisionundertheauthorityofaninstrumentthatisorpurportstobeanassignmentmadepursuant to thePublic Service
Act 1922, by the board within the meaning ofthePublicServiceAct1922shallbechallengedastoitsvalidityorlawfulness because the board has ceased
to exist or that there is a defectaffecting the
efficacy of the assignment.(3)Where under the
regulations made under thePublic Service Act 1922,the Board within the meaning of
thePublic Service Act 1922is to
dischargea function or may exercise a power, then,
except as is otherwise expresslyprovided by this
Act—
s
3933s 40Public Service
Management and EmploymentAct 1988(a)if
the function or power relates to a matter prescribed by this
Actto be a responsibility or within the
authority of a chief executiveortoamatterthatisincidentalintheefficientandpropermanagement and
functioning of a department, the function shallbe discharged or
the power may be exercised by the appropriatechief
executive;(b)in any other case, the function shall
be discharged or the powermay be exercised by the Governor in
Council;and, in either case, the discharge or
exercise shall take effect as if it had beena discharge of
the function or an exercise of power by the Board.(4)ThevalidityofanyregulationmadeunderthePublic Service Act1922shall not be affected by the passing of this
Act or the repeal of any Actrepealed by this
Act.˙Person in public employment is employee
in industrial law39.An officer of the public service or a
person in the employment of theCrown (other than
as such an officer) who is in receipt of salary or wages isan
employee within the meaning of theIndustrial
Relations Act 1990andthe provisions of that Act apply in
relation to such an officer or person.˙Cooperation between State and Commonwealth
services40.(1)The fact that a
person is an officer of the public service of theCommonwealth shall not disqualify the person
from also performing dutiesof an office
within the public service of Queensland.(2)The
Governor in Council, or a Minister authorised by the
Governorin Council, may make arrangements with the
appropriate CommonwealthauthorityforperformancebyanofficeroftheCommonwealthpublicservice,fortheQueenslandGovernment,ofanyworkorservicesorofduties of any office within the
Queensland public service.(2A)Such
arrangements may include arrangements for determining—(a)therateofpaymenttobemadebytheGovernmentofQueenslandtotheGovernmentoftheCommonwealthforperformance of the work, services or duties
in question; and
s
4134s 42Public Service
Management and EmploymentAct 1988(b)any
matters that may require to be adjusted in connection withperformance of the work, services or duties
in question.(3)The Governor in Council, or a Minister
authorised by the Governorin Council, at the request of the
appropriate Commonwealth authority mayauthoriseandcauseanyworkorservicestobeperformedfortheCommonwealthGovernmentbyanofficeroftheQueenslandpublicservice.(3A)Arrangements made for that purpose may
include arrangements fordetermining—(a)therateofpaymenttobemadebytheGovernmentoftheCommonwealthtotheGovernmentofQueenslandforperformance of the work or services in
question; and(b)any matters that may require to be
adjusted in connection withperformance of
the work or services in question.˙Employment interchange41.Arrangements may be made in accordance with
standards—(a)for the performance of duties by an
officer of the public servicewho holds an
office in one department in any other department;or(b)for the
performance of duties by an officer of the public service inany
other employment; or(c)for the
performance of duties by a person employed elsewherethan
in the public service in any department;and any such
arrangement made may be performed.˙Mode
of service42.Any notice or other writing required
or permitted by this Act to begiven to any
person may be given to the person—(a)by
delivering it to the person personally; or(b)by
leaving it for the person at his or her place of work or place
of
s
42A35Public Service Management and
EmploymentAct 1988s 43residence last known to the person giving
the notice or writing; or(c)by post
addressed to the person at his or her place of work orplace of residence last known to the person
giving the notice orwriting.˙Inconsistency between determinations and
agreements made underthe Industrial Relations Act 1990, pt
1142A.(1)In this
section—“determination”includes a
ruling.(2)ThissectionappliestoadeterminationmadebytheGovernorinCouncil that is prescribed under a
regulation for this section.(3)IfanagreementmadeundertheIndustrialRelationsAct1990,part
11 and a determination (whether made before or after the
agreement)are inconsistent, the agreement prevails over
the determination to the extentof the
inconsistency.(4)ThissectionhaseffectdespitetheIndustrialRelationsAct1990,section 519.1˙Regulations43.(1)The
Governor in Council may make regulations not inconsistentwith
this Act to provide with respect to—(a)all
matters that arise in connection with—(i)theconductoftheaffairsofthepublicserviceorofanydepartment; and(ii)the
entitlements, responsibilities, authorities, obligations andliabilities of officers of the public
service; and(b)allmattersthatbythisActarerequiredorpermittedtobeprescribed where no other method of
prescription is provided for;and1Section519dealswithinconsistencybetweenawardsetc.andstatutorydeterminations.
s
4336s 43Public Service
Management and EmploymentAct 1988(c)allmattersthatmaybenecessaryorconvenientfortheadministration of this Act or to
achieve the objects and purposesof this
Act.(2)Despite the provisions of any Act or
rule of law, where a regulationor a provision of
a regulation confers a benefit on officers of the publicservice, it may specify a date for its
commencement or by its terms indicatethat it is to
take effect from a date, in either case being a date before
theregulation or provision is made, and in that
case the regulation or provisionshallbedeemedtohavetakeneffectonandfromthedatespecifiedorindicated and shall have retrospective
effect accordingly.(3)The regulations may prescribe with
respect to any matter for whichthe regulations
may lawfully provide, other than duties or obligations ofofficers, by reference to determinations or
rulings to be made from time totime by the
Governor in Council or by reference to standards.(4)The provisions of this section in so
far as they authorise the makingofregulationswithrespecttotheattendance,hoursofduty,creditforservice, leave, court attendance, jury
service, expenses and allowance ofofficers and
other such entitlements and obligations shall be
administeredbytheMinisterresponsiblefortheadministrationoftheIndustrialRelations Act
1990.(4A)Subject to
subsection (4), the provisions of this section shall beadministered by the Minister and the power to
make regulations under aprovision so administered shall not be
exercised except upon the Minister’srecommendation.(5)Regulations made under this Act may provide
for the administrationof them by a Minister other than the
Minister within the meaning of thisAct.
37Public Service Management and
EmploymentAct 1988¡SCHEDULE 1sections 4, 8, 9
and 11(4) and (5)Column 1Column 2DEPARTMENTS OFGOVERNMENTCHIEF EXECUTIVESDepartment of
EconomicDevelopment and TradeDirector-General, Department ofEconomic Development and TradeDepartment of EducationDirector-General, Department ofEducationDepartment of
Emergency ServicesDirector-General, Department ofEmergency ServicesDepartment of
EnvironmentDirector-General, Department ofEnvironmentDepartment of
Families, Youth andCommunity CareDirector-General, Department ofFamilies, Youth and CommunityCareDepartment of
HealthDirector-General, Department ofHealthDepartment of
JusticeDirector-General, Department ofJusticeDepartment of
Local Governmentand PlanningDirector-General, Department ofLocal Government and PlanningDepartment of Main RoadsDirector-General, Department ofMain
Roads
38Public Service Management and
EmploymentAct 1988SCHEDULE 1
(continued)Department of Mines and EnergyDepartment of Natural ResourcesDepartment of PoliceDepartment of the
Premier andCabinetDepartment of
Primary Industries,Fisheries and ForestryDepartment of
Public Works andHousingDepartment of
Tourism, SmallBusiness and IndustryDepartment of
Training andIndustrial RelationsDepartment of
TransportTreasury DepartmentDirector-General, Department ofMines and EnergyDirector-General, Department ofNatural ResourcesCommissioner of
the Police ServiceDirector-General, Department ofthe
Premier and CabinetDirector-General, Department ofPrimary Industries, Fisheries andForestryDirector-General, Department ofPublic Works and HousingDirector-General, Department ofTourism, Small Business andIndustryDirector-General, Department ofTraining and Industrial RelationsDirector-General, Department ofTransportUnder Treasurer
and UnderSecretary, Treasury Department
39Public Service Management and
EmploymentAct 1988¡SCHEDULE 2section
4(2)Persons appointed by the Governor
aloneJudges of the Supreme Court and their
associatesPresident of the Industrial Court and his or
her associateJudges of District Courts and their
clerksMembers of the Land CourtCommissioners of
the Industrial Conciliation and Arbitration Commissionand
their associatesClerk of the Parliament and officers of and
employees in the ParliamentaryServiceAgent-GeneralPersons engaged
by a chief executive under section 34Persons employed
in honorary positions
41Public Service Management and
EmploymentAct 19883´AIAamdchdefdivexpgazhdginslapnotfdomo in cpparaprecpresprev==================KeyKey to
abbreviations in list of legislation and annotationsActs
Interpretation Act 1954amendedchapterdefinitiondivisionexpires/expiredgazetteheadinginsertedlapsednotifiedomittedorder in
councilpageparagraphprecedingpresentprevious(prev)procprovptpubdR[X]RArelocrenumrepsschsdivSIASLsubunnum=================previouslyproclamationprovisionpartpublishedReprint
No.[X]Reprints Act 1992relocatedrenumberedrepealedsectionschedulesubdivisionStatutory
Instruments Act 1992subordinate legislationsubstitutedunnumbered´4Table of earlier
reprintsTABLE OF EARLIER REPRINTS[If a
reprint number includes an arabic letter, the reprint was released
inunauthorised, electronic form only.]Reprint No.Amendments
includedReprint date1to
Public Service1 October 1992Management(Departmental Changes)Order (No. 1)
19922to Act No. 29 of 199412
August 19943to Act No. 14 of 199521
July 1995
42Public Service Management and
EmploymentAct 1988´5Tables in earlier reprintsTABLES IN EARLIER REPRINTSName
of TableChanged citations and remade lawsChanged names and titlesCorrected minor
errorsObsolete and redundant provisionsRenumbered provisionsReprint
No.2, 32221´6List of legislationPublic
Service Management and Employment Act 1988 No. 52date
of assent 12 May 1988ss 1–1A commenced on date of
assentremainingprovisionscommenced18July1988(procpubdgaz16July1988p 2876)as
amended by—order published gazette 16 July 1988 p
2863commenced on date of publicationorder
published gazette 23 July 1988 p 3081commenced on date
of publicationorder published gazette 24 September 1988 p
393commenced on date of publicationParliamentary Service Act 1988 No. 67 s 56
schdate of assent 21 October 1988commenced 19 November 1988 (proc pubd gaz 17
November 1988 p 1227)Corrective Services Act 1988 No. 89 s
4(2) sch 1 pt Bdate of assent 1 December 1988commenced 15 December 1988 (see s 2(2) and o
in c pubd gaz 10 December1988 p 1675)order published
gazette 19 January 1989 pp 157–8commenced on date
of publicationorder published gazette 17 June 1989 p
1216commenced on date of publicationorder
published gazette 31 August 1989 p 3361commenced on date
of publication
43Public Service Management and
EmploymentAct 1988order published
gazette 25 September 1989 pp 790–1commenced on date
of publicationStatute Law (Miscellaneous Provisions) Act
1989 No. 103 s 3 schdate of assent 25 October 1989commenced on date of assentorder
published gazette 7 December 1989 pp 2489–92commenced on date
of publicationorder published gazette 23 December 1989 p
2723commenced on date of publicationPublic
Sector Management Commission Act 1990 No. 5 s 7.12 schdate
of assent 4 April 1990commenced 4 April 1990 (proc pubd gaz
4 April 1990 p 1675)order published gazette 12 November 1990 p
1280commenced on date of publicationorder
published gazette 22 December 1990 p 2249commenced on date
of publicationorder published gazette 13 April 1991 p
2208commenced on date of publicationHealth
Services Act 1991 No. 24 s 7.3 sch 3date of assent 5
June 1991commenced 1 July 1991 (proc pubd gaz 22 June
1991 p 974)PublicSectorLegislationAmendmentAct1991No.34pts1–2sch1(asamd1994 No. 87 s 4(1) sch 3 pt 2)date
of assent 12 June 1991ss 1–3 commenced on date of
assentss 4, 8–9, 10 (so far as it amends s 22)
commenced 1 July 1991 (proc pubd gaz29 June 1991 pp
1196)s 10 sch 1 (so far as it amends s 19) never
proclaimed into force and om 1994No. 87 s 4(1) sch
3 pt 2remaining provisions commenced 4 July 1991
(1991 SL No. 1)order published gazette 29 June 1991 p
1187commenced on date of publicationPublic
Service (Departmental Name Change) Order 1992pubd gaz 22 May
1992 p 702commenced on date of publicationPublic
Service Management (Departmental Changes) Order (No. 1) 1992pubd
gaz 24 September 1992 pp 271–5commenced 24
September 1992 (see s 2)Industrial Relations Reform Act 1994
No. 12 pts 1, 3date of assent 31 March 1994commenced on date of assent
44Public Service Management and
EmploymentAct 1988Anti-Discrimination Amendment Act 1994 No. 29
ss 1–3 schdate of assent 28 June 1994ss
1–2 commenced on date of assentremaining
provisions commenced 1 July 1994 (see s 2)Statute Law
(Miscellaneous Provisions) Act (No. 2) 1994 No. 87 ss 1–3 sch
1date of assent 1 December 1994commenced on date of assentIndustrial Relations Legislation Amendment
Act 1995 No. 14 pts 1, 3date of assent 11 April 1995commenced on date of assentPublicServiceManagementandEmployment(DepartmentalChanges)Order1996 SL No. 33 ss
1, 7 schpubd gaz 22 February 1996 pp 797–802commenced on date of publicationPublicServiceManagementandEmployment(DepartmentalChanges)Order(No. 2) 1996 SL
No. 36 pt 1, s 32 schpubd gaz 26 February 1996 pp
883–937commenced on date of publicationPublicServiceManagementandEmployment(DepartmentalChanges)Order(No. 3) 1996 SL
No. 41 ss 1, 3 schpubd gaz 29 February 1996 pp
937B–937Ccommenced on date of publication´7List of
annotationsLong titleamd 1991 No. 34 s
10 sch 1Commencements 1Aamd
R2 (see RA s 39)om R3 (see RA s 37)Arrangements
2om 1990 No. 5 s 7.12(1) schRepealss 3om
1991 No. 34 s 10 sch 1Interpretations 4def“appointment”ins 1991 No. 34 s
10 sch 1def“award”ins 1991 No. 34 s
10 sch 1def“commission”ins 1991 No. 34 s
10 sch 1def“Director”om 1990 No. 5 s
7.12(1) schdef“industrialagreement”sub
1991 No. 34 s 10 sch 1; 1994 No. 87 s 3schdef“industrial award”sub 1991 No. 34 s
10 sch 1def“industrial tribunal”sub
1991 No. 34 s 10 sch 1
45Public Service Management and
EmploymentAct 1988def“office”sub 1991 No. 34 s
10 sch 1def“officer”sub 1991 No. 34 s
10 sch 1def“public sector”ins 1991 No. 34 s
10 sch 1def“publicservicegeneralrecruitmentoffice”ins1990No.5s 7.12(1) schdef“senior executive”ins 1991 No. 34 s
10 sch 1def“standards”ins 1990 No. 5 s
7.12(1) schdef“unit of the public sector”ins
1991 No. 34 s 10 sch 1Administration of Acts
5amd 1990 No. 5 s 7.12(1) sch; 1991 No. 34 s
10 sch 1Personnel managements 7amd
1991 No. 34 s 4; 1994 No. 87 s 3 schPART 4—SENIOR
EXECUTIVE SERVICEpt hdgsub 1991 No. 34 s
5Division 1—The senior executive service
generallydiv hdgins 1991 No. 34 s
6Establishment of senior executive
services 10Ains 1991 No. 34 s 6Purpose of senior executive services
10Bins 1991 No. 34 s 6Composition of
senior executive services 10Cins 1991 No. 34 s
6Management principles applying to senior
executive services 10Dins 1991 No. 34 s 6Creation of senior executive service
positions etc.s 10Eins 1991 No. 34 s 6Division 2—Chief executives of
departmentsdiv hdgins 1991 No. 34 s
6Responsibility of chief executives
12amd 1990 No. 5 s 7.12(1) sch; 1991 No. 34 s
10 sch 1Basis of employment of chief executives
14amd 1991 No. 34 s 10 sch 1Division 3—Other provisions relating to
senior executivesDiv hdgins 1991 No. 34 s
7Tenure based on satisfactory
performances 15Ains 1991 No. 34 s 7Assignment within senior executive
services 15Bins 1991 No. 34 s 7Terms
and conditions of employments 15Cins
1991 No. 34 s 7
46Public Service Management and
EmploymentAct 1988Senior executives
not subject to industrial awards and agreementss 15Dins
1991 No. 34 s 7Authority to appoint officerss
16amd 1991 No. 34 s 10 sch 1Assignment of power to appoints
17amd 1991 No. 34 s 10 sch 1Publication of appointmentss
18amd 1990 No. 5 s 7.12(1) sch; 1991 No. 34 s
10 sch 1Bases of employment in public services
19amd 1991 No. 34 s 10 sch 1Conditions of employment on contracts
20amd 1991 No. 34 s 10 sch 1Creation of officess 21amd
1991 No. 34 s 10 sch 1Vacancies to be advertiseds
22amd 1990 No. 5 s 7.12(1) sch; 1991 No. 34 s
10 sch 1Appointment on probations 23amd
1991 No. 34 s 10 sch 1Retirement from public services
26amd 1991 No. 34 s 8; 1994 No. 29 s 3
schRetrenchments 28amd
1991 No. 34 s 9Disciplines 29amd
1990 No. 5 s 7.12(1) schMode of dismissal or suspensions
31amd 1990 No. 5 s 7.12(1) schPublic
service general recruitment offices 32sub
1990 No. 5 s 7.12(1) schReinstatement following
dismissals 33om 1990 No. 5 s 7.12(1) schEngagement of staff other than
officerss 34amd 1991 No. 34 s 10 sch 1PART
6—OFFICE OF PUBLIC SERVICE PERSONNEL MANAGEMENTpt 6 (ss
35–37)om 1990 No. 5 s 7.12(1) schTransitional provisionss 38amd
1990 No. 5 s 7.12(1) schPerson in public employment is employee
in industrial laws 39amd 1991 No. 34 s 10 sch
1
