Parliamentary Service Rule 2000

Queensland Parliamentary Service Act 1988 Parliamentary Service Rule 2000 Reprinted as in force on 26 October 2009 Reprint No. 1C This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 2010 SL No. 215 s 19

Information about this reprint This rule is reprinted as at 26 October 2009. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Spelling The spelling of certain words or phrases may be inconsistent in this reprint or with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’). Variations of spelling will be updated in the next authorised reprint. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version. Replacement reprint date If the date of an authorised reprint is the same as the date shown on another authorised reprint it means that one is the replacement of the other.

Queensland Parliamentary Service Rule 2000 Contents Part 1 1 2 Part 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Part 3 16 17 Schedule 1 Schedule 2 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Appeals Starting an appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Withdrawing an appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Vexatious or frivolous appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Time, date and place for hearing . . . . . . . . . . . . . . . . . . . . . . . . . 4 Officers to comply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Time to attend hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Classes of offices where no appeal about appointment. . . . . . . . 5 Requirements for appeal against an appointment . . . . . . . . . . . . 5 Right of address by Clerk, appellant and appointee. . . . . . . . . . . 6 Clerk to notify decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Successful appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Disciplinary action to be deferred until after appeal . . . . . . . . . . . 7 Clerk to notify decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Miscellaneous Classes of office where no advertisement of vacancy . . . . . . . . . 7 Direct appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Classes of offices where no appeal about appointment . . . . 10 Classes of office where no advertisement of vacancy . . . . . 11 Endnotes 1 2 3 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 12 12

Parliamentary Service Rule 2000 Contents 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 13 13 Page 2

Parliamentary Service Rule 2000 Part 1 Preliminary [s 1] Parliamentary Service Rule 2000 [as amended by all amendments that commenced on or before 26 October 2009] Part 1 Preliminary 1 Short title This rule may be cited as the Parliamentary Service Rule 2000 . 2 Definitions In this rule— appeal means an appeal under section 43(1) of the Act. award means the Parliamentary Service (Remuneration) Interim Award—State published in the Queensland Government Industrial Gazette on 21 October 1994 at pages 777 to 796. Part 2 Appeals 3 Starting an appeal (1) A person who is entitled to appeal against a decision may start the appeal only by giving the Speaker a written notice stating— (a) details identifying the decision appealed against; and (b) why the person is appealing against the decision. Reprint 1C effective 26 October 2009 Page 3

Parliamentary Service Rule 2000 Part 2 Appeals [s 4] (2) The notice must be given no later than 5 pm on the twenty-first day after— (a) for an appeal against an appointment—notification of the appointment in the gazette; or (b) for an appeal against disciplinary action—receipt by the appellant of advice as to the disciplinary action to be taken against the appellant. 4 Withdrawing an appeal (1) An appellant may withdraw an appeal by written notice given to the Speaker. (2) The notice may only be given before the Speaker gives the appellant the Speakers’s decision on the appeal. 5 Vexatious or frivolous appeal (1) The Speaker may decide not to proceed with an appeal if the Speaker considers the appeal is vexatious or frivolous. (2) Before deciding not to proceed with the appeal, the Speaker must give the appellant the opportunity to establish, by written submissions, an arguable case for the appeal. 6 Time, date and place for hearing The Speaker may— (a) decide the time, date and place for hearing an appeal; or (b) adjourn the hearing of an appeal. 7 Officers to comply An officer of, or an employee in, the parliamentary service must comply with any reasonable request by the Speaker for the proper conduct of an appeal. Page 4 Reprint 1C effective 26 October 2009

Parliamentary Service Rule 2000 Part 2 Appeals [s 8] 8 Time to attend hearing (1) An officer of, or an employee in, the parliamentary service required to attend at the hearing of an appeal is taken to be on official duty while attending for the hearing. (2) This section does not apply to an officer or employee who is suspended from duty under section 41 of the Act. 9 Classes of offices where no appeal about appointment For section 43(1)(b)(ii) of the Act, each class of office mentioned in schedule 1 is a class of office for which no appeal lies in relation to an appointment to the office. 10 Requirements for appeal against an appointment (1) For an appeal by an officer against an appointment to an office, the requirements for the officer for section 43(2)(b) of the Act are as follows— (a) the officer applied for the office, whether or not the vacancy in the office was advertised; and (b) for an advertised vacancy—the officer’s application was received on or before the closing date for receipt of applications for the office; and (c) at the date on which the appointment to the office was made— (i) the officer was an officer of the parliamentary service; and (ii) the maximum salary for the office applied for was more than the maximum salary for the office held by the officer; and (d) the officer does not stop being an officer of the parliamentary service before the Speaker gives the officer the Speaker’s decision on the appeal. (2) An appeal lapses if the appellant stops being an officer of the parliamentary service. Reprint 1C effective 26 October 2009 Page 5

Parliamentary Service Rule 2000 Part 2 Appeals [s 11] 11 Right of address by Clerk, appellant and appointee On an appeal against an appointment to an office, the Clerk or an officer for the Clerk, the appellant and the appointee are entitled to address the Speaker about— (a) the claims of the appointee and the appellant to appointment to the office having regard to their qualifications and competence; and (b) the appropriateness of any procedures used for the selection of the appointee. 12 Clerk to notify decision For an appeal against an appointment to an office, the Clerk must notify the appellant and appointee of the Speaker’s decision on the appeal as soon as practicable after the decision is made. 13 Successful appeals (1) This section applies if an appellant is appointed to an office as a result of a decision on an appeal. (2) The appellant is— (a) entitled to be paid salary at the rate for the office on and after the date of the appellant’s appointment, despite any delay in the appellant taking up duty in the office; and (b) eligible to receive any applicable salary increment on the anniversary of the appointment of the officer originally appointed to the office. (3) The officer originally appointed to the office is to return to the office and classification from which the officer was appointed. (4) However, if the office from which the officer originally appointed was appointed is no longer vacant, the officer is to be retained at a salary level not less than the salary level for that office. Page 6 Reprint 1C effective 26 October 2009

Parliamentary Service Rule 2000 Part 3 Miscellaneous [s 14] (5) The revocation of the appointment must be published in the gazette. 14 Disciplinary action to be deferred until after appeal (1) If the Clerk makes an order under section 40 of the Act that a person be disciplined, no action may be taken to implement the order until— (a) the time allowed for giving a notice of appeal under section 3 ends without the notice being given; or (b) if an appeal is started—the appeal ends. (2) For subsection (1), an appeal ends if— (a) the appeal is withdrawn by the appellant; or (b) the Speaker decides not to proceed with the appeal under section 5; or (c) the Speaker decides the appeal. 15 Clerk to notify decision For an appeal against disciplinary action, the Clerk must notify the appellant of the Speaker’s decision on the appeal as soon as practicable after the decision is made. Part 3 Miscellaneous 16 Classes of office where no advertisement of vacancy For section 32(2)(b) of the Act, each class of office mentioned in schedule 2 is a class of office for which a vacancy need not be advertised. Reprint 1C effective 26 October 2009 Page 7

Parliamentary Service Rule 2000 Part 3 Miscellaneous [s 17] 17 Direct appointments (1) The Speaker may fill an office by direct appointment of a person if— (a) the classification level of the office is higher than the classification level of the person’s substantive office; and (b) the person has been seconded to, or temporarily employed in, the office and the secondment or employment was on merit after advertisement of the office; and (c) the person has undertaken the office’s role for a period totalling at least 2 of the previous 3 years and has been assessed by the Speaker as meeting the agreed performance objectives of the role. (2) The Speaker may also fill an office by direct appointment of a person if— (a) the office is a reclassification of the person’s substantive office; and (b) the reclassification is one classification level higher than the classification level of the person’s substantive office; and (c) the person was not appointed to the substantive office at that classification level by a previous reclassification of the substantive office; and (d) the person has undertaken the substantive office’s role for a period totalling at least 2 of the previous 3 years and has been assessed by the Speaker as meeting the agreed performance objectives of the role. (3) However, the Speaker may not fill an office by direct appointment under subsection (1) or (2) if the Speaker considers the office’s role is equivalent to a senior officer or senior executive role under the Public Service Act 2008 . (4) The Speaker may also fill an office by direct appointment of a person if— Page 8 Reprint 1C effective 26 October 2009

Parliamentary Service Rule 2000 Part 3 Miscellaneous [s 17] (a) the person has been temporarily employed in a role at the classification level of the office and the employment was on merit after advertisement of the temporary role; and (b) the person has undertaken the temporary role for a continuous period of 2 years and has been assessed by the Speaker as meeting the agreed performance objectives of the role. (5) The Clerk must keep a record of the number, type and classification level of direct appointments made each financial year. (6) For auditing and reporting purposes, the records are to be kept for at least 1 year after the end of the financial year to which they relate. (7) In this section— merit means merit having regard to the matters mentioned in the Public Service Act 2008 , chapter 1, part 4. Reprint 1C effective 26 October 2009 Page 9

Parliamentary Service Rule 2000 Schedule 1 Schedule 1 Classes of offices where no appeal about appointment section 9 1 an office designated to be— (a) in the office of the Speaker; or (b) in the electorate office of a member of the Legislative Assembly 2 the office of the Clerk of the Parliament 3 any of the following offices— (a) administrative officer, classification level 1 or 2; (b) operational officer, classification level 1 or 2; (c) professional officer, classification level 1 or 2; (d) technical officer, classification level 1 or 2 4 an office to be filled under a provision of the award providing for an officer’s appointment to the office without the vacancy for the office being advertised 5 an office to be filled by an officer seconded to the office from another office at the same classification level as the office from which the officer was seconded 6 an office to be filled, on a temporary basis, for not more than 1 year 7 an office to be filled by an officer seconded to the office from another office for not more than 1 year 8 an office to be filled by a transfer or deployment of an officer at the same classification level as the office from which the officer was transferred or deployed 9 an office to be filled by redeployment at a lower classification level than the office from which the officer was redeployed Page 10 Reprint 1C effective 26 October 2009

Schedule 2 Parliamentary Service Rule 2000 Schedule 2 Classes of office where no advertisement of vacancy section 16 1 an office designated to be— (a) in the office of the Speaker; or (b) in the electorate office of a member of the Legislative Assembly 2 the office of the Clerk of the Parliament 3 any of the following offices— (a) administrative officer, classification level 1 or 2; (b) operational officer, classification level 1 or 2; (c) professional officer, classification level 1 or 2; (d) technical officer, classification level 1 or 2 4 an office to be filled under a provision of the award providing for an officer’s appointment to the office without the vacancy for the office being advertised 5 an office to be filled by an officer seconded to the office from another office at the same classification level as the office from which the officer was seconded 6 an office to be filled, on a temporary basis, for not more than 1 year 7 an office to be filled by an officer seconded to the office from another office for not more than 1 year 8 an office to be filled by a transfer or deployment of an officer at the same classification level as the office from which the officer was transferred or deployed 9 an office to be filled by redeployment at a lower classification level than the office from which the officer was redeployed 10 an office to be filled by direct appointment under section 17 Reprint 1C effective 26 October 2009 Page 11

Parliamentary Service Rule 2000 Endnotes Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 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 26 October 2009. Future amendments of the Parliamentary Service Rule 2000 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Page 12 Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered Reprint 1C effective 26 October 2009

Parliamentary Service Rule 2000 Endnotes 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 Amendments to none Effective 25 August 2000 Reprint date 6 October 2000 Reprint No. 1A 1B 1C Amendments included 2007 SL No. 322 2008 SL No. 209 2009 Act No. 38 Effective 7 December 2007 1 July 2008 26 October 2009 Notes 5 List of legislation Parliamentary Service Rule 2000 SL No. 222 made by the Speaker on 24 August 2000 notfd gaz 25 August 2000 pp 1507–8 commenced on date of notification exp 1 September 2010 (see SIA s 54) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. amending legislation— Parliamentary Service Amendment Rule (No. 1) 2007 SL No. 322 notfd gaz 7 December 2007 pp 1978–82 commenced on date of notification Public Service Regulation 2008 SL No. 209 ss 1–2, 20 sch 2 notfd gaz 27 June 2008 pp 1268–78 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2008 (see s 2) Electrical Safety and Other Legislation Amendment Act 2009 No. 38 ss 1, 2(2), pt 13 date of assent 22 September 2009 ss 1–2 commenced on date of assent remaining provisions commenced 26 October 2009 (2009 SL No. 233) 6 List of annotations Definitions s 2 def “award” amd 2009 Act No. 38 s 50 Reprint 1C effective 26 October 2009 Page 13

Parliamentary Service Rule 2000 Endnotes Classes of offices where no appeal about appointment s 9 amd 2007 SL No. 322 s 3 Classes of office where no advertisement of vacancy s 16 amd 2007 SL No. 322 s 4 Direct appointments s 17 ins 2007 SL No. 322 s 5 amd 2008 SL No. 209 s 20 sch 2 SCHEDULE—CLASSES OF OFFICE WHERE NO ADVERTISEMENT OF VACANCIES OR APPEAL AGAINST APPOINTMENTS om 2007 SL No. 322 s 6 SCHEDULE 1—CLASSES OF OFFICES WHERE NO APPEAL ABOUT APPOINTMENT ins 2007 SL No. 322 s 6 SCHEDULE 2—CLASSES OF OFFICE WHERE NO ADVERTISEMENT OF VACANCY ins 2007 SL No. 322 s 6 © State of Queensland 2010 Page 14 Reprint 1C effective 26 October 2009