Public Service Regulation 1996

Queensland Public Service Act 1996 PUBLIC SERVICE REGULATION 1996 Reprinted as in force on 21 March 1997 (includes amendments up to SL No. 56 of 1997) Reprint No. 2A 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 21 March 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. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of earlier reprints is included in the endnotes. See endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints.

Queensland PUBLIC SERVICE REGULATION 1996 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 PART 2—APPEALS Division 1—Interpretation 3 Definition for pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Things commissioner must consider in deciding if recruitment or selection process is deficient . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Division 2—Procedure 5 Starting an appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6 Withdrawing an appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7 Lapse of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 8 Commissioner’s decision on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Division 3—General 9 Attendance at an appeal is part of an employee’s duties . . . . . . . . . . . . . . . 5 10 Employee’s entitlement to travelling and other expenses and allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 11 Reimbursement of expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 12 Public sector unit must pay costs, expenses, allowances and other amounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 PART 3—MISCELLANEOUS 13 Application of appeal provisions to certain government entities . . . . . . . . . 7 13A Application of appeal provisions to health service employees . . . . . . . . . . 7 14 Declared office holders—Act, s 109 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 15 Declared public service offices and their heads—Act, sch 1, item 12 . . . . 8

2 Public Service Regulation 1996 SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 9 GOVERNMENT ENTITIES TO WHICH APPEAL PROVISIONS APPLY, AND THEIR HEADS SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 11 DECLARED OFFICE HOLDERS SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 14 DECLARED PUBLIC SERVICE OFFICES AND THEIR HEADS ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 15 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

s1 3 s4 Public Service Regulation 1996 PUBLIC SERVICE REGULATION 1996 [as amended by all amendments that commenced on or before 21 March 1997] † PART 1—PRELIMINARY ˙ Short title 1. This regulation may be cited as the Public Service Regulation 1996 . † PART 2—APPEALS † Division 1—Interpretation ˙ Definition for pt 2 3. In this part— “appellant” means a person who has given the commissioner a notice under section 5. ˙ Things commissioner must consider in deciding if recruitment or selection process is deficient 4.(1) In deciding if a recruitment or selection process used by a public sector unit that employs persons under the Act is deficient, the commissioner must have regard to whether or not the process complies with the Act, this regulation or a directive of the commissioner. (2) In deciding if a recruitment or selection process used by a public sector unit that employs persons other than under the Act is deficient, the commissioner must have regard to whether or not the process complies with—

s5 4 s6 Public Service Regulation 1996 (a) the Act, this regulation or a directive of the commissioner; or (b) the Act establishing the public sector unit or a regulation under it. † Division 2—Procedure ˙ Starting an appeal 5.(1) A person who may, and wants to, appeal under the Act 1 must start the appeal by giving the commissioner a written notice stating— (a) details identifying the decision appealed against; and (b) why the person is appealing against the decision. (2) The commissioner must give a copy of the notice to— (a) each other party to the appeal; and (b) for an appeal against a promotion decision involving an officer’s promotion to employment in a different public sector unit to the unit in which the officer was employed immediately before the promotion (the “former unit” )—the former unit’s chief executive. (3) As soon as possible after receiving a notice under this section, the commissioner must give written notice of its receipt to the appellant. ˙ Withdrawing an appeal 6.(1) An appellant may withdraw the appeal by written notice given to the commissioner. (2) The notice must be given to the commissioner before the commissioner gives the appellant the commissioner’s decision on the appeal. (3) The commissioner must give written notice of the withdrawal to the other parties to the appeal and to anyone else the commissioner considers has an interest in the appeal. 1 See section 96 of the Act (Who may appeal against decisions).

s 7 5 s 10 Public Service Regulation 1996 ˙ Lapse of appeal 7. An appeal lapses if the appellant stops being— (a) a public sector unit employee; or (b) a person who may appeal against the decision. 2 ˙ Commissioner’s decision on appeal 8.(1) The commissioner’s decision on an appeal must be written, stating— (a) whether the appeal is allowed or dismissed; and (b) why it is allowed or dismissed. (2) The commissioner must give a copy of the decision to the parties to the appeal as soon as possible after it is available. † Division 3—General ˙ Attendance at an appeal is part of an employee’s duties 9. Attendance at an appeal proceeding is part of a public sector employee’s duties if the employee— (a) is a party to the appeal; or (b) is requested or directed by the commissioner to attend the proceeding. ˙ Employee’s entitlement to travelling and other expenses and allowances 10.(1) A public sector employee must be paid travelling expenses and allowances reasonably incurred in attending an appeal proceeding as part of the employee’s duties. (2) The amount payable to the employee under subsection (1) is to be decided by the commissioner. 2 See section 96 of the Act (Who may appeal against decisions).

s 11 6 s 12 Public Service Regulation 1996 (3) However, this section does not apply to an employee who is the appellant and is suspended from duty without pay, unless the employee’s appeal is allowed. ˙ Reimbursement of expenses 11.(1) A person, other than a public sector employee, who is requested by the commissioner to attend an appeal proceeding must be reimbursed for any expenses reasonably incurred by the person in attending the proceeding. (2) The amount payable to the person under subsection (1) is to be decided by the commissioner. ˙ Public sector unit must pay costs, expenses, allowances and other amounts 12.(1) The public sector unit whose decision is appealed against must pay— (a) the costs of the appeal, including— (i) the commissioner’s reasonable costs attributable to the appeal; and (ii) reasonable costs incurred by the Office of the Public Service for the appeal; and (b) the travelling expenses and allowances payable to a public sector employee under section 10; and (c) the reimbursement amount payable to a person under section 11. (2) An amount payable under subsection (1)(a)— (a) is the amount the commissioner considers to be reasonable; and (b) is not to be more than the reasonable cost incurred. (3) The unit’s chief executive must ensure prompt payment of amounts payable by the unit under this division.

s 13 7 s 13A Public Service Regulation 1996 † PART 3—MISCELLANEOUS ˙ Application of appeal provisions to certain government entities 13.(1) Part 7 of the Act 3 applies to a government entity specified in schedule 1, column 1. (2) The part applies to an employee of the government entity as if— (a) the government entity were a department; and (b) the employee were a public service officer; and (c) the head of the government entity specified in schedule 1, column 2 opposite the name of the government entity were the chief executive of the department. (3) The commissioner is to declare, under a directive, the employees of the government entity to whom section 95(1)(g) of the Act 4 applies as if they were senior executives or senior officers. (4) The commissioner may make the declaration only if the commissioner considers that the employee is performing duties that would, if the employee were a public service officer, be duties of— (a) for an employee to whom the section is to apply as if the employee were a senior executive—a senior executive; or (b) for an employee to whom the section is to apply as if the employee were a senior officer—a senior officer. (5) For this section, the government entity is a public sector unit. ˙ Application of appeal provisions to health service employees 13A.(1) Part 7 of the Act applies to a health service employee within the meaning of the Health Services Act 1991 . (2) The part applies to the employee as if the employee were a public service officer. 3 Part 7 (Appeals) 4 Section 95(1)(g) of the Act (Decisions against which appeals may not be made)

s 14 8 s 15 Public Service Regulation 1996 (3) The commissioner is to declare, under a directive, the health service employees to whom section 95(1)(g) of the Act 5 applies as if they were senior executives or senior officers. (4) The commissioner may make the declaration only if the commissioner considers that the employee is performing duties that would, if the employee were a public service officer, be duties of— (a) for a health service employee to whom the section is to apply as if the employee were a senior executive—a senior executive; or (b) for a health service employee to whom the section is to apply as if the employee were a senior officer—a senior officer. ˙ Declared office holders—Act, s 109 14. An office holder mentioned in schedule 2 is declared for section 109(3)(i) of the Act. ˙ Declared public service offices and their heads—Act, sch 1, item 12 15.(1) An entity specified in schedule 3, column 1 is declared to be a public service office. (2) The person specified in schedule 3, column 2 opposite the name of the office is declared to be the head of the office. (3) If a day is specified in schedule 3, column 1 from, or until, which an entity is a public service office, the entity is declared to be a public service office only from the start of, or until the end of, the specified day. 5 Section 95(1)(g) of the Act (Decisions against which appeals may not be made)

9 Public Service Regulation 1996 ¡ SCHEDULE 1 † GOVERNMENT ENTITIES TO WHICH APPEAL PROVISIONS APPLY, AND THEIR HEADS section 13 column 1 Government entities column 2 Heads of entities 2. Burdekin Agricultural College Board 3. Dalby Agricultural College Board 4. Emerald Agricultural College Board 5. Legal Aid Commission of Queensland 6. Library Board of Queensland 7. Longreach Pastoral College Board 8. Queensland Service Ambulance 9. Queensland Art Gallery Board of Trustees 10. Queensland Building Services Authority 11. Queensland Building Tribunal 12. Queensland Coal Board Director of the college Director of the college Director of the college Director of Legal Aid Director and State librarian Director of the college Commissioner of the service Director General manager of the authority Chairperson of the tribunal Chairperson of the board

10 Public Service Regulation 1996 SCHEDULE 1 (continued) 13. Queensland Corrective Services Commission 14. Queensland Cultural Centre Trust 15. Queensland Fire and Rescue Authority 16. Queensland Livestock and Meat Authority 17. Queensland Museum Board of Trustees 18. Queensland Nursing Council 19. Queensland Small Business Corporation 21. Residential Authority Tenancies 22. Royal Queensland Theatre Company Director-General of Corrective Services Director Chief commissioner for the authority Chief executive officer Director of the museum Executive officer of the council Chair of the corporation Chief executive officer of the authority Chairperson of the board of the theatre company

11 Public Service Regulation 1996 ¡ SCHEDULE 2 † DECLARED OFFICE HOLDERS section 14 1. Aboriginal Land Act 1991 Member of the Land Tribunal. 3. Anti-Discrimination Act 1991 Anti-discrimination commissioner Member of the Anti-Discrimination Tribunal. 4. Australian Financial Institutions Commission Code [1992] Member of the Appeals Tribunal. 5. Children’s Commissioner and Children’s Services Appeals Tribunals Act 1996 Children’s commissioner. Member of the panel for children’s services appeals tribunals. 6. Classification of Computer Games and Images (Interim) Regulation 1995 Member of the Computer Games and Images Appeals Tribunal. 7. Classification of Films Regulation 1992 Member of the Films Appeals Tribunal.

12 Public Service Regulation 1996 SCHEDULE 2 (continued) 8. Classification of Publications Regulation 1992 Member of the Publications Appeals Tribunal. 9. Corrective Services (Administration) Act 1988 Commissioner of the Queensland Corrective Services Commission. 9A. Electoral Act 1992 Deputy electoral commissioner. 10. Fisheries Act 1994 Member of the Fisheries Tribunal. 11. Fruit Marketing Organisation Act 1923 Member of the committee of direction appointed under the Fruit Marketing Organisation Act 1923 , section 9(1). 12. Gaming Machine Act 1991 Commissioner of the Queensland Machine Gaming Commission. 13. Health Rights Commission Act 1991 Health rights commissioner. 14. Law Reform Commission Act 1968 Member of the Law Reform Commission. 15. Legal Aid Act 1978 Commissioner of the Legal Aid Commission of Queensland.

13 Public Service Regulation 1996 SCHEDULE 2 (continued) 16. Legislative Standards Act 1992 Parliamentary counsel. 17. Meat Industry Act 1993 Member of the Meat Industry Tribunal. 18. Public Trustee Act 1978 Public trustee. 19. Queensland Building Services Authority Act 1991 Member of the Queensland Building Tribunal. 20. Torres Strait Islander Land Act 1991 Member of the Land Tribunal.

14 Public Service Regulation 1996 ¡ SCHEDULE 3 † DECLARED PUBLIC SERVICE OFFICES AND THEIR HEADS section 15 column 1 Public service offices column 2 Heads of offices 1. Audit Commission Implementation Office (until 30 June 1998) 2. Office of the Board of Senior Secondary School Studies (from 1 February 1997) 3. Office of the Board of Teacher Registration (from the day part 6 and schedule 2 of the Education (School Curriculum P-10) Act 1996 so far as the part and schedule relate to the Education (Teacher Registration) Act 1988 commence) 4. Office of the Queensland School Curriculum Council (from 1 February 1997) 5. Office of the Tertiary Entrance Procedures Authority (from 1 February 1997) 6. Queensland Electricity Reform Unit (until 31 December 1998) Executive director of the office Director of the office Director of the office Director of the office Executive director of the office Director of the unit

15 Public Service Regulation 1996 † ENDNOTES ´ 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 6 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 21 March 1997. Future amendments of the Public Service Regulation 1996 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 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

16 Public Service Regulation 1996 ´ 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 none 4 December 1996 2 to SL No. 413 of 1996 8 January 1997 ´ 5 List of legislation Public Service Regulation 1996 SL No. 348 notfd gaz 29 November 1996 pp 1261–3 ss 1–2 commenced on date of notification remaining provisions commenced 1 December 1996 (see s 2) as amended by— Regional Health Authorities (Consequential Amendments) Regulation 1996 SL No. 413 pts 1, 8 notfd gaz 20 December 1996 pp 1588–98 commenced on date of notification Public Service Amendment Regulation (No. 1) 1997 SL No. 56 notfd gaz 14 March 1997 pp 1153–4 commenced on date of notification ´ 6 List of annotations Commencement s 2 om R2 (see RA s 37) Application of appeal provisions to health service employees s 13A ins 1996 SL No. 413 s 34 PART 4—REPEAL pt hdg exp 2 December 1996 (see s 15(2)) Declared public service offices and their heads—Act, sch 1, item 12 s 15 prev s 15 exp 2 December 1996 (see s 15(2)) pres s 15 ins 1997 SL No. 56 s 3 SCHEDULE 1—GOVERNMENT ENTITIES TO PROVISIONS APPLY, AND THEIR HEADS amd 1996 SL No. 413 s 35; 1997 SL No. 56 s 4 WHICH APPEAL

17 Public Service Regulation 1996 SCHEDULE 2—DECLARED OFFICE HOLDERS amd 1997 SL No. 56 s 5 SCHEDULE 3—DECLARED PUBLIC SERVICE OFFICES AND THEIR HEADS ins 1997 SL No. 56 s 6 © State of Queensland 1997