Public Sector Management Commission Regulation 1991

Queensland Public Sector Management Commission Act 1990 PUBLIC SECTOR MANAGEMENT COMMISSION REGULATION 1991 Reprinted as in force on 25 July 1996 (includes amendments up to SL No. 336 of 1995) Reprint No. 1A This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This regulation is reprinted as at 25 July 1996. 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. This page is specific to this reprint. See previous reprint for information about earlier changes made under the Reprints Act 1992. A table of earlier reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints.

Queensland PUBLIC SECTOR MANAGEMENT COMMISSION REGULATION 1991 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1A Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1B Interpretation—Deficient recruitment or selection process . . . . . . . . . . . . . 4 1C Interpretation—‘Gazette’ may mean another publication . . . . . . . . . . . . . . 4 1D Laws prescribed for definition “disciplinary law” . . . . . . . . . . . . . . . . . . . . . 4 1E Persons prescribed for definition “eligible public sector employee” . . . . . 5 1F Prescribed standard for definition “eligible public sector employee” . . . . . 5 PART 2—PRESCRIBED GUIDELINES FOR PUBLIC SECTOR MANAGEMENT STANDARDS 2 Prescribed guidelines for standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 PART 3—APPEALS AGAINST CERTAIN ADMINISTRATIVE ACTIONS Division 1—Appeal matters generally 3 Institution of appeal by giving notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4 Conduct of appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 5 Tribunal may hold conferences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 6 Attendance at appeal to be part of employee’s performance of duty . . . . . 8 7 Determination of appeal tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8 Withdrawal of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 9 Lapsing of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 10 Departments etc. to be liable for costs, other expenses and allowances and sums . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

2 Public Sector Management Commission Regulation 1991 Division 2—Appeals against appointments by way of promotions 11 Right of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 12 Parties of appeal against an appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 13 Conduct of an appeal against an appointment . . . . . . . . . . . . . . . . . . . . . . . 11 14 Grounds for appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 15 Effect if appeal allowed on the basis of deficient process . . . . . . . . . . . . . . 11 16 Effect if appeal allowed on the basis of merit . . . . . . . . . . . . . . . . . . . . . . . . 12 Division 3—Appeals against disciplinary actions 18 Deadline for beginning appeal against disciplinary action . . . . . . . . . . . . . 13 19 Deferral of disciplinary action until after appeal . . . . . . . . . . . . . . . . . . . . . 13 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 14 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

s 1 3 s 1A Public Sector Management Commission Regulation 1991 PUBLIC SECTOR MANAGEMENT COMMISSION REGULATION 1991 [as amended by all amendments that commenced on or before 25 July 1996] † PART 1—PRELIMINARY ˙ Short title 1. This regulation may be cited as the Public Sector Management Commission Regulation 1991 . ˙ Definitions 1A. In this regulation— “appellant” means a person who has given a notice of appeal to the Commissioner for Public Sector Equity; “appointee” , in relation to an appeal against an appointment, means the person whose appointment is the subject of the appeal; “appointment” means an appointment of the type mentioned in section 5.3(1)(c) of the Act, but does not include an appointment under section 16(2); “deficient” , in relation to the process of recruiting or selecting a person for a position, has the meaning given by section 1B; “discipline standard” means the Public Sector Management Standard for Discipline . “notice of appeal” means a notice under section 3(2); “notified in the Gazette” includes the meaning given by section 1C; “proceeding” includes a conference; “selection standard” means the Public Sector Management Standard for Recruitment and Selection .

s 1B 4 s 1D Public Sector Management Commission Regulation 1991 ˙ Interpretation—Deficient recruitment or selection process 1B. A recruitment or selection process is deficient— (a) if it is used by a unit of the public sector which employs persons under the Public Service Management and Employment Act 1988 —the process is not in accordance with the Act, this regulation, the Selection Standard, the Public Service Management and Employment Act 1988 and the Public Service Management and Employment Regulation 1988 ; or (b) if it is used by another unit of the public sector—the process is not in accordance with the Act, this regulation, the Selection Standard, the Act establishing or continuing the unit and any regulation made under that Act. ˙ Interpretation—‘Gazette’ may mean another publication 1C. When— (a) a unit of the public sector does not advertise a vacant position or give notice of an appointment in the Gazette but so advertises or gives notice in a publication other than the Gazette; and (b) a reference is made in this regulation to the notification in the Gazette of a vacant position, an appointment or a revocation; the reference must be taken to be to the publication used by the unit. ˙ Laws prescribed for definition “disciplinary law” 1D. For the Act, section 1.3(1), definition “disciplinary law” , paragraph (c), the following laws are prescribed— • Corrective Services (Administration) Act 1988 • Fire Service Act 1990 • discipline standard.

s 1E 5 Public Sector Management Commission Regulation 1991 s2 ˙ Persons prescribed for definition “eligible public sector employee” 1E. For the Act, section 5.3(5), definition “eligible public sector employee” , paragraph (a), the following persons are prescribed— (a) a public sector employee to whom the discipline standard applies (other than a temporary employee); (b) a person appointed to, or employed or engaged in, the Queensland Fire Service as an auxiliary fire officer. ˙ Prescribed standard for definition “eligible public sector employee” 1F. For the Act, section 5.3(5), definition “eligible public sector employee” , paragraph (b), the selection standard is a prescribed standard. † PART 2—PRESCRIBED GUIDELINES FOR PUBLIC SECTOR MANAGEMENT STANDARDS ˙ Prescribed guidelines for standards 2.(1) The Commission may issue standards with respect to the following matters— (a) recruitment and selection processes; (b) position evaluation; (c) remuneration standards; (d) performance planning and review; (e) training and development; (f) management of unsatisfactory work performance; (g) position descriptions; (h) equal employment opportunity; (i) management of redundancies;

s3 6 s4 Public Sector Management Commission Regulation 1991 (j) discipline; (k) investigations of complaints; (l) management and administration generally of the public sector; (m) personnel management generally within the public sector. (2) Subsection (1) is a prescribed guideline for the purposes of section 4.13(1)(a) and (b) of the Act. † PART 3—APPEALS AGAINST CERTAIN ADMINISTRATIVE ACTIONS † Division 1—Appeal matters generally ˙ Institution of appeal by giving notice 3.(1) This section applies to a person who has a right of appeal under the Act and wants to exercise that right. (2) The person must give to the Commissioner for Public Sector Equity a written notice that sets out all of the following matters— (a) details that identify the thing against which the person is appealing; (b) the grounds for the appeal; (c) any other details which the person believes supports his or her appeal. (3) The Commissioner must, as soon as possible after the Commissioner has received the notice of appeal, give notice of its receipt to the appellant. ˙ Conduct of appeals 4.(1) The appeal tribunal dealing with an appeal may determine the way

s5 7 s5 Public Sector Management Commission Regulation 1991 in which the appeal will be conducted including the persons who are the other parties to the appeal. (2) The tribunal may join (wholly or partially)— (a) appeals that relate to the same action mentioned in section 5.3(1)(a) of the Act; or (b) appeals that relate to the same action mentioned in section 5.3(1)(b) of the Act; or (c) appeals that relate to the same appointment; or (d) appeals that relate to the same application of any remuneration standard. (3) The tribunal may also join appeals if the appellant in each appeal is the same person or the appeals arise out of the same or a similar set of circumstances. (4) The tribunal’s determination under subsection (1) is subject to this regulation. ˙ Tribunal may hold conferences 5.(1) The appeal tribunal may decide to hold a conference with 1 or more of the parties to a proceeding for such purpose as the tribunal thinks fit. (2) Without limiting the generality of subsection (1), the tribunal may hold a conference for any of the following purposes— (a) to clarify the facts or issues in dispute; (b) to find out if the parties agree to the tribunal determining the appeal without holding a hearing or to holding a hearing by telephone; (c) to determine if, under section 5.6(6) of the Act, the tribunal must not hear an appeal; (d) to determine if, under section 5.6(6A) of the Act, the tribunal may decline to hear an appeal; (e) to determine the timing of the hearing. (3) A conference may be held by telephone.

s6 8 s7 Public Sector Management Commission Regulation 1991 (4) An appeal tribunal’s decision at a conference is not a determination upon appeal, except— (a) a determination, under section 5.6(6) of the Act, that the tribunal must not hear the appeal; and (b) a determination, under section 5.6(6A) of the Act, to decline to hear the appeal. ˙ Attendance at appeal to be part of employee’s performance of duty 6.(1) If a public sector employee— (a) is an appellant; or (b) is requested or directed by an appeal tribunal to attend its proceedings; the employee’s attendance at the appeal proceedings is part of his or her duties. (2) The employee must be paid all travelling expenses and allowances to the same extent as if he or she attended the appeal proceedings as part of his or her duties and the amount of the travelling expenses and allowances is to be taken as a reasonable amount determined by the appeal tribunal. (3) This section does not apply to an employee who is suspended from duty without pay. ˙ Determination of appeal tribunal 7.(1) When an appeal tribunal dealing with an appeal determines it, the determination— (a) must be in writing; and (b) must specify whether the tribunal allows or dismisses the appeal; and (c) must set out the tribunal’s reasons for its determination. (2) The tribunal must give a copy of the determination to the parties to the appeal as soon as possible after it is available.

s 8 9 s 10 Public Sector Management Commission Regulation 1991 ˙ Withdrawal of appeal 8.(1) This section applies when— (a) an appellant has appealed under section 5.3 or 5.4 of the Act; and (b) the appeal tribunal dealing with the appeal has not given its determination to the appellant. (2) The appellant may withdraw the appeal by written notice given to the appeal tribunal. (3) The tribunal must give copies of the notice to the other parties to the appeal and to any other person whom it considers has an interest in the appeal. ˙ Lapsing of appeal 9. An appeal lapses if the appellant— (a) ceases to be a public sector employee; or (b) no longer satisfies the requirements of the class of appeal in question. ˙ Departments etc. to be liable for costs, other expenses and allowances and sums 10.(1) The unit of the public sector whose decision is the subject of an appeal is liable for— (a) the costs of the appeal (including the costs of the appeal tribunal attributable to the appeal or costs incurred by the Commission for the appeal); and (b) any expenses and allowances of an employee under section 6(2) in relation to the appeal; and (c) any sums which, under section 7.5 of the Act, persons are entitled to be paid when they attend before the appeal tribunal to produce any information, record or thing in relation to the appeal. (2) The appeal tribunal dealing with an appeal may determine the amount of the costs, expenses, allowances or sums at the end of the appeal

s 11 10 s 11 Public Sector Management Commission Regulation 1991 proceedings or at a later time. (3) The chief executive of the unit must ensure prompt payment of all amounts for which the unit is liable. † Division 2—Appeals against appointments by way of promotions ˙ Right of appeal 11.(1) For the purposes of section 5.3(2)(c) of the Act, an eligible public sector employee must satisfy all of the following requirements— (a) the employee must have applied for a vacant position that was notified in the Gazette and to which another eligible public sector employee was appointed; (b) the employee’s application for the vacant position must have been received before the deadline for the receipt of applications; (c) the employee’s notice of appeal must be actually received by the Commissioner for Public Sector Equity before the deadline for its receipt; (d) the employee must continue to be appointed within a unit of the public sector to which the Selection Standard applies. (2) Subject to subsection (3), the deadline for the actual receipt of the notice of appeal is 5 p.m. on the 21st day after the day on which the appointment of the other eligible public sector employee was notified in the Gazette. (3) The deadline for the actual receipt of a notice of appeal by an appellant— (a) who was appointed, by way of promotion, to an office; but (b) whose appointment was revoked under section 16(2); is 5 p.m. on the 21st day after the day on which the revocation is published in the Gazette.

s 12 11 s 15 Public Sector Management Commission Regulation 1991 ˙ Parties of appeal against an appointment 12.(1) The parties to an appeal under section 5.3(1)(c) of the Act are— (a) the appellant; and (b) the appointee; and (c) the chief executive of the unit of the public sector in which the appointment was made. (2) The chief executive may appoint, in writing, a person to represent the chief executive for the purposes of the appeal. ˙ Conduct of an appeal against an appointment 13. When the appellant has given a notice of appeal to the Commissioner for Public Sector Equity, the appellant must give a copy of the notice— (a) to the other parties to the appeal; and (b) if, immediately before the appointment, the appointee was employed in a unit of the public sector other than the unit to which he or she was appointed— to the chief executive of that unit. ˙ Grounds for appeal 14. A notice of appeal may contain 1 or both of the following grounds of appeal— (a) the recruitment or selection process was deficient; (b) the appellant demonstrated the highest level of merit overall. ˙ Effect if appeal allowed on the basis of deficient process 15.(1) This section applies when— (a) 1 of the grounds of appeal is that the recruitment or selection process used by a unit of the public sector was deficient; and (b) the Commissioner determines that the recruitment or selection process was deficient and the deficiency was substantial.

s 16 12 s 16 Public Sector Management Commission Regulation 1991 (2) The Commissioner may— (a) revoke the appointment of the appointee and direct the unit to commence the process again (including advertising the position as vacant) or to continue with the process from a particular time or event; or (b) deal with the appeal by determining if during the appeal— (i) the appointee or the appellant demonstrated the highest level of merit overall; or (ii) the appointee or—when the proceedings consist of appeals joined under section 4—1 of the appellants demonstrated the highest level of merit overall. (3) The revocation must be notified in the Gazette by the Commissioner. ˙ Effect if appeal allowed on the basis of merit 16.(1) This section applies when the Commissioner for Public Sector Equity allows an appeal because, during the appeal, an appellant demonstrated the highest level of merit overall. (2) The Commissioner, must by notice in the Gazette, revoke the appointment of the appointee and appoint the appellant to the position. (3) The appellant must be paid— (a) the salary for the position on and after the day of his or her appointment, even if he or she does not commence duties in the position until a later day; and (b) any annual salary increment for the office on the anniversary of the day of the appointee’s appointment. (4) The person whose appointment is revoked— (a) if his or her previous position is vacant—resumes the position and classification which he or she held immediately before his or her appointment; and (b) in any other case—continues to be employed in the unit of the public sector in which he or she was appointed immediately before his or her appointment and his or her rate of salary must

s 18 13 s 19 Public Sector Management Commission Regulation 1991 be not less than he or she was paid immediately before the appointment. † Division 3—Appeals against disciplinary actions ˙ Deadline for beginning appeal against disciplinary action 18.(1) A notice of appeal against a disciplinary action must be actually received by the Commissioner for Public Sector Equity before the deadline for its receipt. (2) The deadline for the actual receipt of the notice is 5 p.m. on the 21st day after the day on which the employee received written notice of the disciplinary action. ˙ Deferral of disciplinary action until after appeal 19.(1) This section applies to a decision to take disciplinary action against an employee, other than dismissal or suspension. (2) The action does not take effect until— (a) if the employee’s notice of appeal is received before the deadline—the appeal tribunal dealing with the appeal allows or dismisses it; or (b) in any other case—the end of the period of 21 days after the employee received the written notice of the decision.

14 Public Sector Management Commission Regulation 1991 † ENDNOTES ´ 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 ´ 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 25 July 1996. Future amendments of the Public Sector Management Commission Regulation 1991 may be made in accordance with this reprint under the Reprints Act 1992, section 49.

15 Public Sector Management Commission Regulation 1991 3 ´ AIA amd ch def div exp gaz hdg ins lap notfd om o in c p para prec pres prev = = = = = = = = = = = = = = = = = = Key Key to abbreviations in list of legislation and annotations Acts Interpretation Act 1954 amended chapter definition division expires/expired gazette heading inserted lapsed notified omitted order in council page paragraph preceding present previous (prev) proc prov pt pubd R[X] RA reloc renum rep s sch sdiv SIA SL sub unnum = = = = = = = = = = = = = = = = = previously proclamation provision part published Reprint No.[X] Reprints Act 1992 relocated renumbered repealed section schedule subdivision Statutory Instruments Act 1992 subordinate legislation substituted unnumbered ´ 4 Table of earlier reprints TABLE OF EARLIER REPRINTS [If a reprint number includes an arabic letter, the reprint was released in unauthorised, electronic form only.] Reprint No. Amendments included Reprint date 1 to SL No. 201 of 1994 17 June 1994 ´ 5 Tables in earlier reprints TABLES IN EARLIER REPRINTS Name of Table Obsolete and redundant provisions Reprint No. 1

16 Public Sector Management Commission Regulation 1991 ´ 6 List of legislation Public Sector Management Commission Regulation 1991 pubd gaz 14 January 1991 p 111 commenced on date of publication as amended by— Public Sector (Appeals) Regulation 1991 SL No. 131 s 2 sch pubd gaz 16 November 1991 pp 1212–26 commenced on date of publication Public Sector Management Commission Amendment Regulation (No. 1) 1994 SL No. 201 notfd gaz 10 June 1994 pp 896–8 commenced on date of notification Public Sector Management Commission Amendment Regulation (No. 1) 1995 SL No. 31 notfd gaz 24 February 1995 pp 816–18 commenced on date of notification Public Sector Management Commission Amendment Regulation (No. 2) 1995 SL No. 336 notfd gaz 8 December 1995 pp 1449–53 ss 1–2 commenced on date of notification remaining provisions commenced 8 December 1995 (see s 2 and 1995 SL No. 355) ´ 7 List of annotations PART 1—PRELIMINARY pt hdg ins 1991 SL No. 131 s 2 sch Short title s 1 sub 1991 SL No. 131 s 2 sch Definitions s 1A ins 1991 SL No. 131 s 2 sch def “disciplinary law ” ins 1994 SL No. 201 s 3 sub 1995 SL No. 31 s 3 om 1995 SL No. 336 s 4(1) def “discipline standard” ins 1995 SL No. 336 s 4(2) def “eligible public sector employee” sub 1994 SL No. 201 s 3 sub 1995 SL No. 31 s 3 om 1995 SL No. 336 s 4(1) def “selection standard” sub 1995 SL No. 336 s 4 Interpretation—Deficient recruitment or selection process s 1B ins 1991 SL No. 131 s 2 sch

17 Public Sector Management Commission Regulation 1991 Interpretation—‘Gazette’ may mean another publication s 1C ins 1991 SL No. 131 s 2 sch Laws prescribed for definition “disciplinary law” s 1D ins 1995 SL No. 336 s 5 Persons prescribed for definition “eligible public sector employee” s 1E ins 1995 SL No. 336 s 5 Prescribed standard for definition “eligible public sector employee” s 1F ins 1995 SL No. 336 s 5 PART 2—PRESCRIBED GUIDELINES MANAGEMENT STANDARDS pt hdg ins 1991 SL No. 131 s 2 sch FOR PUBLIC SECTOR Prescribed guidelines for standards s 2 amd 1991 SL No. 131 s 2 sch PART 3—APPEALS AGAINST CERTAIN ADMINISTRATIVE ACTIONS pt hdg ins 1991 SL No. 131 s 2 sch Division 1—Appeal matters generally div hdg ins 1991 SL No. 131 s 2 sch Institution of appeal by giving notice s 3 ins 1991 SL No. 131 s 2 sch Conduct of appeals s 4 ins 1991 SL No. 131 s 2 sch Tribunal may hold conferences s 5 ins 1991 SL No. 131 s 2 sch Attendance at appeal to be part of employee’s performance of duty s 6 ins 1991 SL No. 131 s 2 sch Determination of appeal tribunal s 7 ins 1991 SL No. 131 s 2 sch Withdrawal of appeal s 8 ins 1991 SL No. 131 s 2 sch Lapsing of appeal s 9 ins 1991 SL No. 131 s 2 sch Departments etc. to be liable for costs, other expenses and allowances and sums s 10 ins 1991 SL No. 131 s 2 sch Division 2—Appeals against appointments by way of promotions div hdg ins 1991 SL No. 131 s 2 sch Right of appeal s 11 ins 1991 SL No. 131 s 2 sch Parties of appeal against an appointment s 12 ins 1991 SL No. 131 s 2 sch

18 Public Sector Management Commission Regulation 1991 Conduct of an appeal against an appointment s 13 ins 1991 SL No. 131 s 2 sch Grounds for appeal s 14 ins 1991 SL No. 131 s 2 sch Effect if appeal allowed on the basis of deficient process s 15 ins 1991 SL No. 131 s 2 sch Effect if appeal allowed on the basis of merit s 16 ins 1991 SL No. 131 s 2 sch Prescription of standard for purposes of definition s 17 ins 1991 SL No. 131 s 2 sch om 1995 SL No. 336 s 6 Division 3—Appeals against disciplinary actions div hdg ins 1991 SL No. 131 s 2 sch Deadline for beginning appeal against disciplinary action s 18 ins 1991 SL No. 131 s 2 sch Deferral of disciplinary action until after appeal s 19 ins 1991 SL No. 131 s 2 sch © State of Queensland 1996