Public Service Act 2008


Queensland Crest
Public Service Act 2008
Queensland Public Service Act 2008 Current as at [Not applicable] Indicative reprint note This is an unofficial version of a reprint of this Act that incorporates all proposed amendments to the Act included in the Working with Children (Risk Management and Screening) and Other Legislation Amendment Bill 2018. This indicative reprint has been prepared for information only— it is not an authorised reprint of the Act . Amendments to this Act are also included in the Human Rights Bill 2018. These proposed amendments are not included in this indicative reprint. The point-in-time date for this indicative reprint is the introduction date for the Working with Children (Risk Management and Screening) and Other Legislation Amendment Bill 2018—13 November 2018. Detailed information about indicative reprints is available on the Information page of the Queensland legislation website.
© State of Queensland 2018 This work is licensed under a Creative Commons Attribution 4.0 International License.
Not authorised —indicative only Queensland Public Service Act 2008 Contents Chapter 1 Part 1 1 2 3 4 Part 2 Division 1 5 6 7 8 9 10 11 12 13 Division 2 14 15 16 17 18 19 20 Division 3 Page Introduction Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Main purposes of Act and their achievement . . . . . . . . . . . . . . . 15 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 The Queensland Public Service Basic concepts The public service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Employment of public service employees . . . . . . . . . . . . . . . . . . 17 What are departments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Who is a public service officer . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Public service employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Who is a chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Relationship between chief executives and their public service employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Application of Act to various types of employees etc. . . . . . . . . . 19 Act does not apply to particular offices and employment . . . . . . 19 Departments of government Declaration of departments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Establishment of departments etc. . . . . . . . . . . . . . . . . . . . . . . . 20 Declaration of functions of departments etc. . . . . . . . . . . . . . . . . 21 Giving functions to departments etc. . . . . . . . . . . . . . . . . . . . . . . 21 Other powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Provision for public service employees and amalgamations . . . . 22 Existence of separate government entities not affected . . . . . . . 22 Public service offices
Public Service Act 2008 Contents Not authorised —indicative only 21 22 23 Division 4 24 Part 3 Division 1 25 Division 2 26 Division 3 26A 26B 26C Part 4 27 28 29 Chapter 2 30 31 32 33 34 Chapter 3 Part 1 Division 1 35 36 Division 2 Subdivision 1 37 38 Subdivision 2 Page 2 Public service offices and their heads . . . . . . . . . . . . . . . . . . . . . 22 General provision for application of Acts to public service offices 23 Application of Act to public service offices declared under a regulation 24 Government entities What is a government entity . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 General public service principles Management and employment The management and employment principles . . . . . . . . . . . . . . 26 Work performance and personal conduct Work performance and personal conduct principles . . . . . . . . . . 27 Supporting principles under divisions 1 and 2 Main purpose of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Civil liability of State employee for engaging in conduct in official capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 The merit principle The merit principle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Merit criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Directives about applying the merit principle . . . . . . . . . . . . . . . . 33 Equality of employment opportunity General EEO obligation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Annual EEO reporting requirement . . . . . . . . . . . . . . . . . . . . . . . 35 Exemption from reporting requirement . . . . . . . . . . . . . . . . . . . . 36 Commission chief executive may take action if dissatisfied with report 36 Compliance with recommendation . . . . . . . . . . . . . . . . . . . . . . . 36 Administration The Minister’s role General provisions Meaning of public service office for pt 1 . . . . . . . . . . . . . . . . . . . 37 Minister’s role for the public service and public service offices . . 37 Obtaining reports Commission reports Report on effectiveness and efficiency . . . . . . . . . . . . . . . . . . . . 38 Matters that may be included in referral . . . . . . . . . . . . . . . . . . . 38 Other reports
Not authorised —indicative only Public Service Act 2008 Contents 39 40 41 Division 3 42 Part 2 43 44 45 46 Part 3 Division 1 47 48 49 49A 50 51 52 Division 2 53 54 54A 55 Part 4 Division 1 Subdivision 1 56 57 58 59 60 61 62 Chief executive report on management and employment principles 39 Obtaining report on functions or activities . . . . . . . . . . . . . . . . . . 39 Conduct of management reviews . . . . . . . . . . . . . . . . . . . . . . . . 40 Miscellaneous provision Minister may direct action about surplus public service employees 42 The Public Service Commission and its role Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Commission represents the State . . . . . . . . . . . . . . . . . . . . . . . . 42 Commissioners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Main functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Rulings by the commission chief executive and industrial relations Minister General provisions about rulings Types of ruling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Making of and access to rulings . . . . . . . . . . . . . . . . . . . . . . . . . 45 General references to a ruling . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Consultation for directives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Criteria for making a ruling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Relationship with legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Relationship between directives and industrial instruments . . . . 47 General ruling-making powers Rulings by commission chief executive . . . . . . . . . . . . . . . . . . . . 47 Rulings by industrial relations Minister . . . . . . . . . . . . . . . . . . . . 48 Joint rulings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Directives to apply Act to general and temporary employees . . . 49 Particular provisions about the commission and commission reviews Commissioners Commission chief executive Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Basis of employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Main functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Duty in performing functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Acting as commission chief executive . . . . . . . . . . . . . . . . . . . . . 51 Preservation of commission chief executive’s accrued rights . . . 52 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Page 3
Public Service Act 2008 Contents Not authorised —indicative only 63 Subdivision 2 64 65 66 Subdivision 3 67 Division 2 69 70 71 72 73 74 75 76 Division 3 77 78 79 Division 4 Subdivision 1 80 81 82 Subdivision 2 83 84 85 Division 5 86 87 Part 5 88A 88B 88C Page 4 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chairperson Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous provisions Criminal history checks to confirm suitability for appointment . . . Meetings and other business Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Times and places of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meeting deputies for particular commissioners . . . . . . . . . . . . . . Presiding at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Decisions outside meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minutes and record of decisions . . . . . . . . . . . . . . . . . . . . . . . . . Staff and agents Staff members of the commission . . . . . . . . . . . . . . . . . . . . . . . . Staff generally subject to direction by commission chief executive Agents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Commission reviews and reports Conduct and scope Minister to be kept informed of conduct of review . . . . . . . . . . . . Minister may obtain information from commission . . . . . . . . . . . Disclosures to commission for review . . . . . . . . . . . . . . . . . . . . . Reports Affected agencies to be given a draft report . . . . . . . . . . . . . . . . Content . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedure for reporting sensitive information . . . . . . . . . . . . . . . Miscellaneous provisions How commission’s functions may be performed . . . . . . . . . . . . . Confidentiality relating to commission reviews . . . . . . . . . . . . . . IRC members Functions of IRC members include functions under this Act . . . . Senior IRC member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Functions of IRC members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 53 53 53 54 54 54 55 55 55 55 56 56 56 56 57 57 57 57 58 58 59 59 60 61 61 61
Part 6 88H 88I 88J 88K 88L 88M 88N Chapter 4 Part 1 Division 1 89 90 91 Division 2 92 93 94 95 96 97 Division 3 98 99 100 Division 4 101 102 103 104 Part 2 Division 1 105 106 Public Service Act 2008 Contents Functions of commission relating to work performance matters Definitions for pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 Commission may conduct review of department’s handling of work performance matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 Chief executive of department to provide help for review under s 88I 63 Exchange of information with external agency . . . . . . . . . . . . . . 64 Protection from liability for giving information . . . . . . . . . . . . . . . 65 Confidentiality of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 Publication of information about work performance matters . . . . 67 Chief executives, senior executives and senior officers Chief executives The chief executive service Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 Purpose and its achievement . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 Chief executive service standards . . . . . . . . . . . . . . . . . . . . . . . . 68 Appointments Appointment of chief executives generally . . . . . . . . . . . . . . . . . 69 Appointment to particular departments . . . . . . . . . . . . . . . . . . . . 69 Acting as chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 Statutory officer as chief executive . . . . . . . . . . . . . . . . . . . . . . . 70 Contractual basis of employment for chief executives . . . . . . . . 70 Term of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 Functions Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 How responsibilities must be discharged . . . . . . . . . . . . . . . . . . 72 Extent of chief executive’s autonomy . . . . . . . . . . . . . . . . . . . . . 72 Miscellaneous provisions Declaration of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 Conflicts of interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 References in Act to chief executive of a chief executive are to the Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 Senior executives The senior executive service Senior executive service continued . . . . . . . . . . . . . . . . . . . . . . . 75 Purposes of service and their achievement . . . . . . . . . . . . . . . . 75 Page 5 Not authorised —indicative only
Not authorised —indicative only Public Service Act 2008 Contents 107 108 109 Division 2 110 111 112 113 114 Division 3 115 Part 3 116 117 Chapter 5 Part 1 118 Part 2 Division 1 119 120 121 122 123 124 125 126 127 128 Division 2 129 130 131 132 Part 3 133 Page 6 Role of commission chief executive . . . . . . . . . . . . . . . . . . . . . . Composition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Senior executive numbers and classification levels . . . . . . . . . . Appointment matters Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Secondments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Acting senior executives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Contractual basis of employment . . . . . . . . . . . . . . . . . . . . . . . . Term of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transfers and redeployment Transfer of senior executives . . . . . . . . . . . . . . . . . . . . . . . . . . . Purpose of position of senior officers Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Role of commission chief executive . . . . . . . . . . . . . . . . . . . . . . Staffing generally Preliminary Application of ch 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appointment matters General provisions Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Secondment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Basis of employment—tenure or contract . . . . . . . . . . . . . . . . . . Basis of employment for contract employment . . . . . . . . . . . . . . Tenure on ending of particular employment contracts . . . . . . . . Contract terminated on acceptance of tenure . . . . . . . . . . . . . . . Basis of employment on tenure—full-time or part-time . . . . . . . . Appointments on probation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirement about citizenship etc. . . . . . . . . . . . . . . . . . . . . . . . Notification of proposed appointments . . . . . . . . . . . . . . . . . . . . Reappointment of particular election candidates Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Request for reappointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dealing with request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Continuity of service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transfers and redeployment Chief executive’s power to transfer or redeploy . . . . . . . . . . . . . 76 76 76 76 77 77 77 78 78 79 79 80 81 81 82 83 83 84 84 85 85 86 86 87 87 88 88
Public Service Act 2008 Contents Not authorised —indicative only 134 Part 4 135 136 137 138 Part 5 147 148 149 149A Part 6 Division 1 150 Division 2 Subdivision 1 151 152 153 154 155 Subdivision 2 155A 155B 155C 155D 155E 155F 155G Division 3 156 Consequence if transfer refused . . . . . . . . . . . . . . . . . . . . . . . . . 89 Termination, suspension and related matters Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 Voluntary retirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 Suspension other than as disciplinary action . . . . . . . . . . . . . . . 90 Action because of surplus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 General and temporary employees Employment of general employees . . . . . . . . . . . . . . . . . . . . . . . 92 Employment of temporary employees . . . . . . . . . . . . . . . . . . . . . 92 Review of status of temporary employee . . . . . . . . . . . . . . . . . . 92 Commission chief executive must make directive about casual employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 Assessing suitability of persons to be engaged in particular employment Preliminary Definitions for pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 Relevant duties General Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 Chief executive may decide to obtain criminal history . . . . . . . . . 97 Failure to consent to obtaining criminal history . . . . . . . . . . . . . . 97 Obtaining criminal history with consent . . . . . . . . . . . . . . . . . . . . 98 Assessment of suitability using criminal history report . . . . . . . . 98 Changes in criminal history of persons engaged by department of communities Definitions for sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 Engaged person to disclose change in criminal history . . . . . . . 99 Failing to make disclosure or making false, misleading or incomplete disclosure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 Chief executive (communities) may obtain report from police commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 Use of information obtained under this subdivision . . . . . . . . . . . 101 Person to be advised of information obtained from police commissioner 101 Guidelines for dealing with information obtained under this subdivision 102 Child-related duties Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 Page 7
Not authorised —indicative only Public Service Act 2008 Contents 157 158 161 162 163 Division 3A 164 165 165A 165B 165C 165D Division 4 166 167 168 169 Division 5 170 171 172 173 Part 7 174 175 176 177 178 179 179AA Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 Working with children authority required for child-related duties . 103 Engaging police officer or registered teacher who is a public service employee before exemption issued . . . . . . . . . . . . . . . . . . . . . . . 104 Engaging police officer or registered teacher who is not public service employee before exemption issued . . . . . . . . . . . . . . . . . . . . . . . 104 Effect of suspension or cancellation of working with children authority 105 Further assessment of person to whom working with children authority is issued This division does not apply to particular engagements . . . . . . . 106 Application of Criminal Law (Rehabilitation of Offenders) Act 1986 106 Chief executive may decide to obtain criminal history . . . . . . . . . 106 Failure to consent to obtaining criminal history . . . . . . . . . . . . . . 107 Obtaining criminal history with consent . . . . . . . . . . . . . . . . . . . . 107 Assessment of suitability using criminal history report . . . . . . . . 108 Provisions relating to reports under divisions 2 and 3A and other information etc. Duty of police commissioner relating to requests for criminal history 108 Criminal history no longer required to be obtained . . . . . . . . . . . 108 Police commissioner not to use information given as part of request except for particular circumstances . . . . . . . . . . . . . . . . . . . . . . . 109 Destruction of reports and notices . . . . . . . . . . . . . . . . . . . . . . . . 109 Other matters including notifications, offences and rulings Prosecuting authority to notify chief executive about committal, conviction etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 False or misleading statements in consent . . . . . . . . . . . . . . . . . 111 Confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 Commission chief executive may make rulings for this part . . . . 113 Mental or physical incapacity Application of pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 Chief executive may require medical examination . . . . . . . . . . . 114 Employee not to be given sick leave if requirement not complied with 115 Medical examination report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 Action following report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 Record of requirement and report . . . . . . . . . . . . . . . . . . . . . . . . 116 Directives about applying this part . . . . . . . . . . . . . . . . . . . . . . . 116 Page 8
Part 8 179A 180 181 182 183 184 185 186 Chapter 6 Part 1 186A 186B Part 2 Division 1 187 187A 188 Division 2 188A Division 3 188AB 188AC 188AD 188AE Division 4 188B 189 190 191 Public Service Act 2008 Contents Miscellaneous provisions Requirement to disclose previous history of serious disciplinary action 117 Requirement to give evidence of age . . . . . . . . . . . . . . . . . . . . . 118 Requirement to give notice of charge or conviction for indictable offence 118 Confidentiality of private information contained in notice . . . . . . 119 Work performance arrangements . . . . . . . . . . . . . . . . . . . . . . . . 119 Interchange arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 Declaration of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 Conflicts of interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 Disciplinary action for public service employees and former public service employees Preliminary Definitions for ch 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 References to prescribed employees . . . . . . . . . . . . . . . . . . . . . 124 Disciplinary action Grounds for discipline and disciplinary action generally Grounds for discipline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 How disciplinary action may be taken against a public service employee after the employee changes employment . . . . . . . . . . . . . . . . . . 127 Disciplinary action that may be taken against a public service employee 128 Disciplinary action against former public service employee Disciplinary action that may be taken against a former public service employee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 Disciplinary action against a public service employee who was a prescribed employee Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 Action previous chief executive may take . . . . . . . . . . . . . . . . . . 131 Action current chief executive may take . . . . . . . . . . . . . . . . . . . 132 Application of division if the current and previous chief executive are the same person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 Other provisions about disciplinary action Information about disciplinary action to be given by chief executive 133 Suspension of public service employee liable to discipline . . . . . 134 Procedure for disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . . 134 Effect of suspension from duty . . . . . . . . . . . . . . . . . . . . . . . . . . 135 Page 9 Not authorised —indicative only
Public Service Act 2008 Contents Not authorised —indicative only 192 Chapter 7 Part 1 Division 1 193 194 195 196 Division 1A 196A 196B Division 2 197 198 199 200 201 202 203 203A 203B 204 205 206 207 Division 3 208 209 210 Division 4 211 212 213 214 Page 10 Additional procedures for suspension or termination . . . . . . . . . 136 Appeals and reviews Appeals Right of appeal Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 Decisions against which appeals may be made . . . . . . . . . . . . . 137 Decisions against which appeals can not be made . . . . . . . . . . . 138 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 Who must hear and decide appeals and requirement to act independently Appeal heard and decided by IRC member . . . . . . . . . . . . . . . . 141 Duty of person performing appeal function . . . . . . . . . . . . . . . . . 141 Appeal procedures Starting an appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 Notice by industrial registrar of appeal . . . . . . . . . . . . . . . . . . . . 142 Stay of operation of decisions etc. . . . . . . . . . . . . . . . . . . . . . . . 143 IRC member may decline to hear particular appeals . . . . . . . . . 143 Appeal is by way of review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 IRC member’s functions on appeal . . . . . . . . . . . . . . . . . . . . . . . 145 IRC member may decide procedures . . . . . . . . . . . . . . . . . . . . . 145 Senior IRC member may decide procedures . . . . . . . . . . . . . . . 146 Practice directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 Representation of parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 IRC member’s powers on appeal . . . . . . . . . . . . . . . . . . . . . . . . 147 Withdrawing an appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 Lapse of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 Deciding appeal Decision on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 Criteria for deciding process deficiency . . . . . . . . . . . . . . . . . . . . 148 Decision on appeal is binding on parties . . . . . . . . . . . . . . . . . . . 149 Miscellaneous provisions Attendance at an appeal is part of an employee’s duties . . . . . . 149 Public service employee’s entitlements for attending appeal as part of duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 Entitlement of non-public service employees . . . . . . . . . . . . . . . 150 Relevant department’s or public service office’s financial obligation for appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
214B Part 2 215 Part 3 216 217 218 Part 4 218A 218B 218C Chapter 8 219 219A 220 221 222 Chapter 9 Part 1 223 Part 2 Division 1 224 Division 2 225 226 227 228 229 230 231 232 233 Public Service Act 2008 Contents Commission chief executive must make directive for this part . . 151 Alternate jurisdiction Jurisdiction of IRC for industrial matters . . . . . . . . . . . . . . . . . . . 151 Exclusion of particular matters from jurisdiction under other Acts Application of pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 Exclusion for Industrial Relations Act 2016 . . . . . . . . . . . . . . . . . 152 Exclusion for Judicial Review Act 1991 . . . . . . . . . . . . . . . . . . . . 153 Miscellaneous Commission chief executive must make directive about dealing with complaints by officers and employees . . . . . . . . . . . . . . . . . . . . 153 Commission chief executive’s functions—appeals . . . . . . . . . . . 154 Report on appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 Miscellaneous provisions Effect of Act on the State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 Departments to have complaints management system for customer complaints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 Provision for acting appointments not by original appointor . . . . 157 Offences against Act are summary . . . . . . . . . . . . . . . . . . . . . . . 157 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 Repeal and transitional provisions Repeal provisions Acts repealed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158 Transitional provisions for Act No. 38 of 2008 Preliminary Definitions for pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158 Public service employees Existing public service officers generally . . . . . . . . . . . . . . . . . . . 159 Existing chief executives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159 General provision for existing senior executives other than chief executives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 Existing tenured senior executives . . . . . . . . . . . . . . . . . . . . . . . 160 Exclusion from tenure on termination of contract for particular public service officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 Existing contracts of employment . . . . . . . . . . . . . . . . . . . . . . . . 161 Existing general employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 Existing temporary employees . . . . . . . . . . . . . . . . . . . . . . . . . . 162 Period for first status review of a temporary employee . . . . . . . . 163 Page 11 Not authorised —indicative only
Public Service Act 2008 Contents Not authorised —indicative only Division 3 234 235 Division 4 236 237 238 Division 5 239 240 241 242 Division 6 243 244 245 Division 7 246 247 248 249 250 251 Part 3 252 253 254 Part 4 255 Part 5 256 257 Page 12 Rulings Existing rulings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 References to existing rulings . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 Disciplinary action and suspension Existing disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 Application of disciplinary action provisions to prior acts and omissions 164 Existing suspensions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 Appeals Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 Conversion to appeal under this Act . . . . . . . . . . . . . . . . . . . . . . 164 Provision for former protective appeals . . . . . . . . . . . . . . . . . . . . 165 Appeal documents or information . . . . . . . . . . . . . . . . . . . . . . . . 165 Former commissioner and commission Dissolutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 References to former commissioner or commission . . . . . . . . . . 166 Former staff become commission staff . . . . . . . . . . . . . . . . . . . . 166 Miscellaneous provisions Specific provisions relating to criminal history of a person under the repealed Public Service Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167 Existing term appointees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168 Existing delegations by chief executives . . . . . . . . . . . . . . . . . . . 168 References to repealed Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168 Corresponding approvals, decisions and notices under the repealed Public Service Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169 Public Service Regulation 2007 . . . . . . . . . . . . . . . . . . . . . . . . . 169 Transitional provisions for the Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector Ethics) Amendment Act 2009 Definition for pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170 Disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170 Former public service officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170 Transitional provision for the Integrity Act 2009 Declaration of interests by chief executives . . . . . . . . . . . . . . . . 171 Transitional provisions for Criminal History Screening Legislation Amendment Act 2010 Definitions for pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171 Application of s 155B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172
258 259 260 261 262 263 Part 6 264 265 266 267 Part 7 268 269 270 271 272 273 274 275 276 277 278 Part 9 281 282 283 Public Service Act 2008 Contents Persons being considered for engagement, or engaged, in child-related duties or regulated employment at the commencement . . . . . . . 172 Request for police information not complied with at the commencement 173 Particular police information obtained before commencement . . 173 Particular appeals and appeal rights continue . . . . . . . . . . . . . . 174 Particular information etc. obtained before commencement . . . . 175 Notice not given by prosecuting authority at the commencement 176 Transitional provisions for Child Protection and Other Acts Amendment Act 2010 Definition for pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177 CCYPCG commissioner request for criminal history report not complied with at the commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177 Criminal history reports obtained by CCYPCG commissioner before commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177 Notice not given to CCYPCG commissioner by prosecuting authority at the commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178 Transitional provisions for Integrity Reform (Miscellaneous Amendments) Act 2010 Definitions for pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178 Appeals officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179 Appointments on probation if probationary period has not ended 179 Application of s 127 to appointments made before the commencement 179 Review of status of general employees employed on a temporary basis before the commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180 Review of status of temporary employees employed more than 2 years at the commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181 Disciplinary action against general and temporary employees . . 182 Disciplinary action against former general and temporary employees 183 Appeals not started at commencement . . . . . . . . . . . . . . . . . . . . 183 Appeals started at commencement . . . . . . . . . . . . . . . . . . . . . . . 184 Reopening decisions made before the commencement . . . . . . . 184 Transitional provisions for Industrial Relations (Fair Work Act Harmonisation) and Other Legislation Amendment Act 2012 Definitions for pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185 Appointment of former appeals officer and former delegate ends at commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185 Appeals started after commencement . . . . . . . . . . . . . . . . . . . . . 186 Page 13 Not authorised —indicative only
Not authorised —indicative only Public Service Act 2008 Contents 284 Part 10 285 Part 11 286 287 288 Part 12 289 289A 289B 290 Part 13 291 Schedule 1 Schedule 4 Appeals started before commencement . . . . . . . . . . . . . . . . . . . 186 Transitional provision for Industrial Relations (Transparency and Accountability of Industrial Organisations) and Other Acts Amendment Act 2013 Practice directions etc. for appeals started before commencement 187 Transitional provisions for Public Service and Other Legislation (Civil Liability) Amendment Act 2014 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188 Application of s 26C and continued application of protection provisions 188 Relationship of ch 1, pt 3, div 3 if civil liability dealt with by another Act 189 Transitional provisions for Industrial Relations Act 2016 Rulings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190 Review of status of temporary employees—reviews triggered before commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190 Review of status of casual employees . . . . . . . . . . . . . . . . . . . . 191 Appeals under ch 7, pt 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191 Transitional provision for Crime and Corruption and Other Legislation Amendment Act 2018 Disciplinary action against a public service employee who was a relevant commission officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191 Public service offices and their heads . . . . . . . . . . . . . . . . . . 194 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197 Page 14
Not authorised —indicative only Public Service Act 2008 Public Service Act 2008 Chapter 1 Introduction [s 1] An Act about the administration of the public service and the management and employment of public service employees, and to provide for matters concerning particular agencies, and for other persons involved, in the public sector Chapter 1 Introduction Part 1 Preliminary 1 Short title This Act may be cited as the Public Service Act 2008 . 2 Commencement This Act commences on a day to be fixed by proclamation. 3 Main purposes of Act and their achievement (1) The main purposes of this Act are to— (a) establish a high performing apolitical public service that is— (i) responsive to Government priorities; and (ii) focused on the delivery of services in a professional and non-partisan way; and (b) promote the effectiveness and efficiency of government entities; and Current as at [Not applicable] Page 15
Not authorised —indicative only Public Service Act 2008 Chapter 1 Introduction [s 4] (c) provide for the administration of the public service and the employment and management of public service employees; and (d) provide for the rights and obligations of public service employees; and (e) promote equality of employment opportunity in the public service and in other particular agencies in the public sector. (2) To help achieve the main purposes, this Act— (a) fixes principles to guide public service management, public service employment and the work performance and personal conduct of public service employees; and (b) establishes a Public Service Commission to— (i) enhance the public service’s human resource management and capability; and (ii) review and improve the overall effectiveness and efficiency of government entities; and (c) establishes a chief executive service and a senior executive service to provide the public service with high performing leaders who will actively promote the purposes and the principles. 4 Dictionary The dictionary in schedule 4 defines particular words used in this Act. Page 16 Current as at [Not applicable]
Not authorised —indicative only Part 2 Public Service Act 2008 Chapter 1 Introduction [s 5] The Queensland Public Service Division 1 Basic concepts 5 The public service The Queensland Public Service consists of the persons who are employed under this Act, called public service employees. 6 Employment of public service employees Public service employees are employed in departments or public service offices. 7 What are departments A department is an entity declared under division 2 to be a department of government. Note— For public services offices, see section 21. 8 Who is a public service officer A person is a public service officer if the person is employed under this Act as— (a) a chief executive; or (b) a senior executive; or (c) an officer of another type. Note— For the appointment of public service officers, see sections 92, 110 and 119. Current as at [Not applicable] Page 17
Not authorised —indicative only Public Service Act 2008 Chapter 1 Introduction [s 9] 9 Public service employees (1) A person is a public service employee if the person is employed under this Act as— (a) a public service officer; or (b) a general employee; or (c) a temporary employee. (2) Public service employees are employees for the Industrial Relations Act 2016 . (3) Subsection (2) is subject to section 217. Note— Section 217 excludes particular matters from the concept of industrial matter. 10 Who is a chief executive (1) A chief executive , in relation to a department, is the person who holds appointment under this Act as the chief executive of that department. Notes— 1 For public service offices, see sections 22 and 23. 2 Under section 104, the chief executive of a chief executive is the Minister. (2) The chief executive , of a person who is a public service employee, is the chief executive of the department in which the person holds appointment as a public service employee. (3) Otherwise, a reference to a chief executive is a reference to the chief executive of a department. 11 Relationship between chief executives and their public service employees (1) The chief executive of a department is, for the State, responsible for the employment of public service employees of that department. Page 18 Current as at [Not applicable]
Public Service Act 2008 Chapter 1 Introduction [s 12] (2) The public service employees of a department are responsible to that department’s chief executive in relation to their employment in that department. Note— For particular provisions about a chief executive’s functions, see chapter 4, part 1, division 3. Not authorised —indicative only 12 Application of Act to various types of employees etc. (1) This Act mainly applies to public service officers. (2) However, some provisions of this Act expressly apply to all public service employees. (3) Also, a provision of this Act may expressly apply to, or may, by directive, be applied to a general or temporary employee. Notes— 1 However, for employees of a public service office declared by regulation under section 21, see section 23. 2 For the directive-making power, see section 55. (4) Also, chapters 6 and 7 have provisions relating to the discipline of former public service employees. 13 Act does not apply to particular offices and employment (1) This Act does not apply to an office if— (a) appointments to the office are made by the Governor alone; or (b) the salary for the office is provided for under the Judicial Remuneration Act 2007 , the District Court of Queensland Act 1967 or the Magistrates Act 1991 ; or (c) the office is a particular office established by an Act that expressly provides for the appointment of the holder of an office mentioned in paragraph (b); or (d) the office is honorary. (2) In addition, this Act does not apply to the employment of a person as associate to a Supreme Court judge, District Court Current as at [Not applicable] Page 19
Not authorised —indicative only Public Service Act 2008 Chapter 1 Introduction [s 14] judge or commissioner under the Industrial Relations Act 2016 . (3) Subsection (1) does not prevent the holder of an office mentioned in it from having or exercising powers under this Act. (4) This section does not limit the application of chapter 1, part 3, division 3. Division 2 Departments of government 14 Declaration of departments (1) The departments of government are the entities declared to be departments of government by the Governor in Council by gazette notice. (2) A department of government includes the entities declared to be part of the department by the Governor in Council by gazette notice. 15 Establishment of departments etc. The Governor in Council may, by gazette notice— (a) establish a department or another government entity; or (b) amalgamate government entities; or (c) add a government entity to a department or another government entity; or (d) divide a department or another government entity; or (e) name or rename a department or another government entity; or (f) abolish a department or another government entity. Page 20 Current as at [Not applicable]
Not authorised —indicative only Public Service Act 2008 Chapter 1 Introduction [s 16] 16 Declaration of functions of departments etc. The Governor in Council may, by gazette notice, declare the functions that— (a) are to be the functions of a department or another government entity; or (b) are included or not included in the functions of a department or another government entity. 17 Giving functions to departments etc. The Governor in Council may, by gazette notice— (a) give a function to a department or another government entity; or (b) change or discontinue a function given to a department or another government entity; or (c) transfer a function given to a department or another government entity to a different government entity. 18 Other powers (1) The Governor in Council may, by gazette notice or regulation, prescribe anything necessary or convenient to be prescribed— (a) to enable the making of a division 2 gazette notice; or (b) for carrying out or giving effect to a division 2 gazette notice; or (c) because of the making of a division 2 gazette notice. (2) The Governor in Council may do anything else the Governor in Council considers necessary or convenient to be done— (a) to enable the making of a division 2 gazette notice; or (b) to carry out or give effect to a division 2 gazette notice; or (c) because of the making of a division 2 gazette notice. Current as at [Not applicable] Page 21
Not authorised —indicative only Public Service Act 2008 Chapter 1 Introduction [s 19] Example of action to carry out or give effect to a division 2 gazette notice— transferring public service employees from a department to another department (3) In this section— division 2 gazette notice means a gazette notice made or to be made under this division. 19 Provision for public service employees and amalgamations (1) This section applies if a department (the first department ) or a part of the first department is amalgamated with another department or a part of another department. (2) All public service employees of the first department, or the part of the first department, become public service employees of the other department or the part of the other department, unless the Governor in Council decides otherwise. (3) This section does not limit or otherwise affect section 18. 20 Existence of separate government entities not affected (1) This section applies if another Act establishes a particular government entity as a separate entity or regulates the existence of an entity as a government entity. (2) To remove any doubt, it is declared that a gazette notice under this division does not have any effect on the government entity’s separate existence. Division 3 Public service offices 21 Public service offices and their heads (1) A public service office is— (a) an entity that schedule 1 states is a public service office; or Page 22 Current as at [Not applicable]
Not authorised —indicative only Public Service Act 2008 Chapter 1 Introduction [s 22] (b) subject to section 23, another designated entity, or part of a designated entity, declared under a regulation to be a public service office. (2) The head of each public service office is— (a) for a public service office stated in schedule 1—the person stated opposite its name; or (b) otherwise—the person declared under a regulation to be the head of the office. (3) In this section— designated entity means an entity, or part of an entity, mentioned in section 24(1)(c), (d), (e) or (f) that is not an entity mentioned in section 24(2). 22 General provision for application of Acts to public service offices (1) This section applies subject to section 23 and any regulation made under it. (2) This Act and other Acts apply to a public service office mentioned in section 21(1)(a) and its public service employees as if— (a) the office were a department; and (b) the head of the office were the department’s chief executive. (3) Without limiting subsection (2), the head of the public service office has, for the office’s public service employees, all of a chief executive’s functions and powers. (4) This section does not affect— (a) the provisions about accountable officers under the Financial Accountability Act 2009 , section 65; or (b) the meaning of department under section 8 of that Act. Current as at [Not applicable] Page 23
Public Service Act 2008 Chapter 1 Introduction [s 23] Not authorised —indicative only 23 Application of Act to public service offices declared under a regulation (1) This section applies only to a public service office declared under section 21(1)(b). (2) A provision of a regulation (an application provision ) may provide— (a) that particular provisions of this Act (the applied provisions ) are to apply to— (i) the public service office; or (ii) persons, other than public service employees, who are employed in the office; and (b) for the way in which the applied provisions are to apply, including, for example, that they apply with or without change. (4) If an application provision is made for the public service office— (a) this Act applies, and only applies, to the following to the extent provided for under the provision— (i) the public service office; (ii) persons, other than public service employees, who are employed in the office; and (b) this Act applies as mentioned in paragraph (a) with necessary changes; and (c) the public service office is a public service office only for this Act as provided under this section and not for the purposes of any other Act. (5) A regulation may prescribe anything necessary or convenient to be prescribed for an application provision— (a) to enable the provision to be made; or (b) to carry out or give effect to the provision; or (c) because of the making of the provision, including the portability of employment rights and entitlements. Page 24 Current as at [Not applicable]
Not authorised —indicative only Division 4 Public Service Act 2008 Chapter 1 Introduction [s 24] Government entities 24 What is a government entity (1) An entity is a government entity if it is— (a) a department or part of a department; or (b) a public service office or part of a public service office; or (c) an agency, authority, commission, corporation, instrumentality, office, or other entity, established under an Act or under State authorisation for a public or State purpose; or (d) a part of an entity mentioned in paragraph (c); or (e) another entity, or part of another entity, declared under a regulation to be a government entity; or (f) a registry or other administrative office of a court of the State of any jurisdiction. (2) However, each of the following entities is not a government entity (a) a local government; (b) a corporation owned by a local government, or a subsidiary of a corporation owned by a local government; (c) the parliamentary service; (d) the Governor’s official residence (known as ‘Government House’) and its associated administrative unit; (e) the Executive Council; (f) the Legislative Assembly; (g) a court of the State of any jurisdiction; Current as at [Not applicable] Page 25
Not authorised —indicative only Public Service Act 2008 Chapter 1 Introduction [s 25] (h) the police service to the extent that it does not include staff members mentioned in the Police Service Administration Act 1990 , section 2.5(1)(a); (i) a school council established under the Education (General Provisions) Act 2006 or a university established under an Act; (j) a cooperative under the Cooperatives Act 1997 for primary producers that is not in receipt of moneys of, or financial assistance from, the State; (k) a government owned corporation, unless a regulation declares it to be a government entity; (l) another entity, or part of another entity, declared under a regulation not to be a government entity. Part 3 General public service principles Division 1 Management and employment 25 The management and employment principles (1) Public service management is to be directed towards— (a) providing responsive, effective and efficient services to the community and the Government; and (b) maintaining impartiality and integrity in informing, advising and assisting the Government; and (c) promoting collaboration between Government and non-government sectors in providing services to the community; and (d) continuously improving public service administration, performance management and service delivery; and (e) managing public resources efficiently, responsibly and in a fully accountable way; and Page 26 Current as at [Not applicable]
Not authorised —indicative only Public Service Act 2008 Chapter 1 Introduction [s 26] (f) promoting the Government as an employer of choice; and (g) promoting equality of employment opportunity. (2) Public service employment is to be directed towards promoting— (a) best practice human resource management; and (b) equitable and flexible working environments in which all public service employees are— (i) treated fairly and reasonably; and (ii) remunerated at rates appropriate to their responsibilities; and (c) a diverse and highly skilled workforce drawing from Government and non-government sectors. (3) Subsections (1) and (2) are the management and employment principles . Division 2 Work performance and personal conduct 26 Work performance and personal conduct principles (1) In recognition that public service employment involves a public trust, a public service employee’s work performance and personal conduct must be directed towards— (a) achieving excellence in service delivery; and (b) ensuring the effective, efficient and appropriate use of public resources; and (c) giving effect to Government policies and priorities; and (d) collaborating with other departments with a focus on public service-wide priorities as well as department-specific priorities; and Current as at [Not applicable] Page 27
Not authorised —indicative only Public Service Act 2008 Chapter 1 Introduction [s 26] (e) providing sound and impartial advice to the Government; and (f) improving all aspects of the employee’s work performance; and (g) carrying out duties impartially and with integrity; and (h) acting honestly, fairly and in the public interest; and (i) interacting with staff members under the Ministerial and Other Office Holder Staff Act 2010 respectfully, collaboratively and with integrity; and (j) observing all laws relevant to the employment; and (k) ensuring the employee’s personal conduct does not reflect adversely on the reputation of the public service; and (l) observing the ethics principles under the Public Sector Ethics Act 1994 , section 4; and (m) complying with an approved code of conduct and any approved standard of practice as required under the Public Sector Ethics Act 1994 , section 12H or 18. (2) Also, a public service manager must take all reasonable steps to ensure each public service employee under the manager’s management is aware of the following— (a) the work performance and personal conduct expected of the employee; (b) the values of the public service and of the department or public service office in which the employee is employed; (c) what constitutes corrupt conduct under the Crime and Corruption Act 2001 . (3) Further, a public service manager must— (a) pro-actively manage the work performance and personal conduct of public service employees under the manager’s management; and Page 28 Current as at [Not applicable]
Not authorised —indicative only Public Service Act 2008 Chapter 1 Introduction [s 26A] (b) if a case of unacceptable work performance or personal conduct arises, take prompt and appropriate action to address the matter. (4) In this section— public service manager means a public service employee whose duties involve or include managing other public service employees in the carrying out of their duties. Division 3 Supporting principles under divisions 1 and 2 26A Main purpose of div 3 The main purpose of this division is to support— (a) the management and employment principles; and (b) the principles mentioned in section 26. 26B Application of div 3 (1) This division applies to each of the following— (a) a public service employee; (b) a ministerial staff member within the meaning of the Ministerial and Other Office Holder Staff Act 2010 ; (c) a person mentioned in section 13(2); (d) a person appointed under an Act (other than this Act) if the appointment involves the person acting for or representing the State; (e) a person who is not a public service employee but who is a member or employee of a government entity that represents the State; (f) a person (other than a public service employee) to whom a function or power of a person mentioned in paragraph (a), (d) or (e) is delegated under an Act; Current as at [Not applicable] Page 29
Not authorised —indicative only Public Service Act 2008 Chapter 1 Introduction [s 26C] (g) another person prescribed by regulation as a State employee. (2) Also, this division applies to a person who was a person of the type mentioned in subsection (1) at the time the person engaged in conduct in an official capacity. (3) Despite subsections (1) and (2), this division does not apply to the following— (a) a person who is the holder of an office mentioned in section 13(1); (b) a person to whom the Police Service Administration Act 1990 , section 10.5 applies; (c) a person employed in or appointed by— (i) a GOC; or (ii) a subsidiary of a GOC under the Corporations Act; or (iii) a government entity within the meaning of the Government Owned Corporations Act 1993 declared by regulation under that Act to be a subsidiary of a GOC; or (iv) a government company within the meaning of the Government Owned Corporations Act 1993 , section 2; (d) another person prescribed by regulation as a person who is not a State employee, including a person to whom this division would otherwise apply because of subsection (1)(d), (e) or (f). (4) A person to whom this division applies is a State employee . 26C Civil liability of State employee for engaging in conduct in official capacity (1) A State employee does not incur civil liability for engaging, or for the result of engaging, in conduct in an official capacity. Page 30 Current as at [Not applicable]
Not authorised —indicative only Public Service Act 2008 Chapter 1 Introduction [s 26C] (2) If subsection (1) prevents liability attaching to a State employee, the liability attaches instead as follows— (a) if paragraph (b) does not apply—to the State; (b) if, at the time the State employee engaged in the conduct, the person did so as a member of a body corporate or the governing body of a body corporate, or as a person who was employed by, appointed by or a delegate of, a body corporate—the body corporate. (3) If liability attaches to the State under subsection (2)(a), the State may recover contribution from the State employee but only if the conduct was engaged in— (a) other than in good faith; and (b) with gross negligence. (4) If liability attaches to a body corporate under subsection (2)(b), the body corporate may recover contribution from the State employee but only if the conduct was engaged in— (a) other than in good faith; and (b) with gross negligence. (5) In a proceeding under subsection (3) or (4) to recover contribution, the amount of contribution recoverable is the amount found by the court to be just and equitable in the circumstances. (6) In this section— civil liability , of a State employee for engaging, or for the result of engaging, in conduct in an official capacity, means liability of any type for the payment of an amount by the State employee because of— (a) a claim based in tort, contract or another form of action in relation to the conduct or result, including, for example, breach of statutory duty or defamation and, for a fatal injury, includes a claim for the deceased’s dependants or estate; or Current as at [Not applicable] Page 31
Not authorised —indicative only Public Service Act 2008 Chapter 1 Introduction [s 27] (b) a complaint made under a law that provides a person may complain about the conduct or result to an entity established under the law, other than a complaint to start criminal proceedings, including, for example, a complaint under the Justices Act 1886 ; or (c) an order of a court to pay costs relating to a proceeding for an offence against a law in relation to the conduct or result, unless the proceeding was for an offence by the State employee. Examples of types of liability— a liability because of an agreement or an order under the Anti-Discrimination Act 1991 or the Australian Human Rights Commission Act 1986 (Cwlth) requiring payment of an amount to a complainant (however described) under the Act a liability because of an obligation under an agreement to settle a proceeding, or an order of a court or tribunal, to do something that involves paying an amount, including an obligation to rectify damage to a building or to publish an apology in a newspaper conduct means an act or an omission to perform an act. engage in conduct in an official capacity means engage in conduct as part of, or otherwise in connection with, a person’s role as a State employee, including, for example, engaging in conduct under or purportedly under an Act. Example of a State employee engaging in conduct in an official capacity— A State employee makes a decision in relation to an application for a licence. State employee see section 26B(4). Part 4 The merit principle 27 The merit principle (1) The selection, under this Act, of an eligible person for an appointment or secondment as a public service employee must be based on merit alone (the merit principle ). Page 32 Current as at [Not applicable]
Not authorised —indicative only Public Service Act 2008 Chapter 1 Introduction [s 28] (2) The merit principle applies subject to chapter 5, part 2, division 2. Editor’s note— chapter 5, part 2, division 2 (Reappointment of particular election candidates) (3) In this section— appointment does not include a transfer. 28 Merit criteria In applying the merit principle to a person, the following must be taken into account— (a) the extent to which the person has abilities, aptitude, skills, qualifications, knowledge, experience and personal qualities relevant to the carrying out of the duties in question; (b) if relevant— (i) the way in which the person carried out any previous employment or occupational duties; and (ii) the extent to which the person has potential for development. 29 Directives about applying the merit principle (1) A directive of the commission chief executive may provide for how selection, under the merit principle, for a stated type of appointment or secondment must be carried out. (2) A selection for an appointment or secondment must comply with any relevant directive under subsection (1). Current as at [Not applicable] Page 33
Not authorised —indicative only Public Service Act 2008 Chapter 2 Equality of employment opportunity [s 30] Chapter 2 Equality of employment opportunity 30 General EEO obligation (1) Each of the following entities (a relevant EEO agency ) must act to promote EEO for employment matters that concern it— (a) a government entity; (b) the police service; (c) an entity that another Act provides is a relevant EEO agency; (d) an entity prescribed under a regulation. (2) Without limiting subsection (1), each relevant EEO agency must act to— (a) enable members of the EEO target groups to do the following as effectively as people who are not members of those groups— (i) compete for recruitment, selection, promotion and transfer; (ii) pursue careers; and (b) eliminate unlawful discrimination about employment matters by the agency or its employees against members of the EEO target groups. (3) To remove any doubt, it is declared that this section, does not require the taking of action incompatible with the merit principle. (4) In this section— EEO target groups means all of the following groups— (a) people of the Aboriginal race of Australia or people who are descendants of the indigenous inhabitants of the Torres Strait Islands; Page 34 Current as at [Not applicable]
Not authorised —indicative only Public Service Act 2008 Chapter 2 Equality of employment opportunity [s 31] (b) people who have migrated to Australia and whose first language is a language other than English, and the children of those people; (c) people with a physical, sensory, intellectual or psychiatric disability, whether the disability presently exists or previously existed but no longer exists; (d) women, irrespective of age; (e) a group of people prescribed under a regulation. employees means individuals appointed or engaged— (a) under a contract of service, whether on a full-time, part-time, permanent, casual or temporary basis; or (b) under a statutory appointment. employment matters means— (a) recruitment procedure, and selection criteria, for appointment or engagement of people as employees; or (b) promotion, transfer or redeployment of employees; or (c) training and staff development for employees; or (d) terms and conditions of service and separation of employees; or (e) any other matter relating to the employment of employees. unlawful discrimination means discrimination that is unlawful under the Anti-Discrimination Act 1991 . 31 Annual EEO reporting requirement (1) Each relevant EEO agency must, for each financial year, give the commission chief executive a report about the outcome of its actions required with section 30 during the financial year. (2) The report must be given within 3 months after the end the financial year. (3) The report may be included in other documents the relevant EEO agency gives the commission chief executive. Current as at [Not applicable] Page 35
Not authorised —indicative only Public Service Act 2008 Chapter 2 Equality of employment opportunity [s 32] 32 Exemption from reporting requirement (1) If a relevant EEO agency asks, the commission chief executive may grant the agency an exemption from the operation of section 31. (2) The exemption may be for all financial years or a particular financial year. (3) The commission chief executive may cancel all or part of the exemption. (4) The exemption or cancellation must be written. 33 Commission chief executive may take action if dissatisfied with report (1) This section applies if the commission chief executive is dissatisfied with any matter relating to a report under section 31. (2) The commission chief executive may recommend to the relevant EEO agency’s chief executive the taking of action to overcome that dissatisfaction. 34 Compliance with recommendation If a relevant EEO agency is given a recommendation under section 33, its chief executive must— (a) ensure the action recommended to be taken; or (b) give the Minister administering the Act relevant to the agency and the commission chief executive a notice stating the reasons why the action can not be taken. Page 36 Current as at [Not applicable]
Chapter 3 Public Service Act 2008 Chapter 3 Administration [s 35] Administration Not authorised —indicative only Part 1 The Minister’s role Division 1 General provisions 35 Meaning of public service office for pt 1 In this part, public service office (a) includes— (i) a department or part of a department; and (ii) the police service; but (b) does not include— (i) the integrity commissioner; or (ii) the office of the information commissioner; or (iii) the audit office. 36 Minister’s role for the public service and public service offices (1) The Minister has the following functions— (a) to promote the overall effectiveness and efficiency of the public service; (b) to assess the appropriateness, effectiveness and efficiency of public service management, and in particular, departments or parts of departments; (c) to advise departmental Ministers about steps that should be taken to improve the public service’s effectiveness and efficiency; (d) to authorise reviews of activities or functions of public service offices; Current as at [Not applicable] Page 37
Not authorised —indicative only Public Service Act 2008 Chapter 3 Administration [s 37] (e) to refer to the commission for review matters relating to the effectiveness or efficiency of public service offices; (f) to monitor the performance of the commission’s functions. (2) Subsection (1) does not limit or otherwise affect the Minister’s other functions or require the Minister to carry out any particular action. Division 2 Obtaining reports Subdivision 1 Commission reports 37 Report on effectiveness and efficiency (1) The Minister may, by signed notice, refer to the commission any matter relating to the effectiveness or efficiency of a public service office for the commission to review and report to the Minister about (a commission review ). (2) The reference may be for a single commission review for 2 or more public service offices. (3) Each chief executive or head of a public service office the subject of the reference must give the commission the help it reasonably requires to conduct the review. (4) The Minister must table the report in the Legislative Assembly. Note— For particular provisions about commission reviews, see part 4. 38 Matters that may be included in referral To ensure a commission review is conducted appropriately, the Minister may, when referring a matter to the commission, do all or any of the following— Page 38 Current as at [Not applicable]
Not authorised —indicative only Public Service Act 2008 Chapter 3 Administration [s 39] (a) ask it to consider and advise whether the review is warranted; (b) give terms of reference for the review; (c) state the entities with whom it must consult for the review; (d) state a period within which it must give its report; (e) ask it to give a draft report to the Minister, another Minister, a chief executive, public service office head or another stated entity for comment before finalising the review; (f) ask it to make recommendations about a stated matter. Subdivision 2 Other reports 39 Chief executive report on management and employment principles (1) The Minister may require the chief executive of a department to give the Minister a report about particular aspects of the department’s application of the management and employment principles. (2) The report must be given to the Minister within the time the Minister requires. (3) To help the Minister to decide whether to require reports under subsection (1), the commission may, of its own initiative, give the Minister advice about the application of the management and employment principles. 40 Obtaining report on functions or activities (1) The Minister may, by signed notice, authorise a person (the authorised person ) to conduct a review (a management review ) of the functions or activities of a stated public service office. Current as at [Not applicable] Page 39
Not authorised —indicative only Public Service Act 2008 Chapter 3 Administration [s 41] Note— For management reviews of the audit office, see the Auditor-General Act 2009 . (2) Before or after giving the authorisation, the Minister may— (a) inform the departmental Minister and the chief executive or the head of the public service office about the management review; and (b) give the chief executive or the head of the public service office an opportunity to nominate a stated number of employees of the public service office to take part in the management review. (3) The authorisation may be for a single management review for 2 or more public service offices. (4) The authorised person must give the Minister a report on the review, including any findings or recommendations. (5) The Minister may give a copy of the report to the departmental Minister, the chief executive or head and anyone else the Minister considers appropriate. 41 Conduct of management reviews (1) A person authorised under section 40 to conduct a management review— (a) must produce the person’s authority if asked by someone concerned in the review; and (b) may, for conducting the review, do any or all of the following— (i) enter official premises of the public service office the subject of the review at any reasonable time; (ii) require the production of, examine, copy, or take an extract from, any official document in the possession of the public service office; (iii) interview employees of the public service office; Page 40 Current as at [Not applicable]
Not authorised —indicative only Public Service Act 2008 Chapter 3 Administration [s 41] (iv) interview anyone else who can provide information relevant to the review. Example of another person who can provide information— a client of services provided by the public service office (2) The chief executive or the head of the public service office and each other person employed in the office must give the authorised person the help the authorised person reasonably requires to conduct the review. (3) Without limiting subsection (2), the authorised person may require a person employed in the public service office to answer any question relevant to the review. (4) However, the employee need not answer the question if— (a) the employee objects to answering the question because answering it might tend to incriminate the employee of a criminal offence; and (b) the employee would have a claim of privilege against self-incrimination in relation to a criminal offence if the employee were asked the question in a Supreme Court action. (5) In this section— official document , in the possession of the public service office, includes an official document— (a) under its control or to which it is entitled to access, whether or not created in the public service office; and (b) in the possession, or under the control, of a person employed in the public service office in his or her official capacity. Current as at [Not applicable] Page 41
Not authorised —indicative only Public Service Act 2008 Chapter 3 Administration [s 42] Division 3 Miscellaneous provision 42 Minister may direct action about surplus public service employees (1) This section applies if the Minister is satisfied more public service employees are employed in a department than it needs for the effective, efficient and appropriate performance of its functions. (2) The Minister may direct the department’s chief executive to take action in accordance with relevant rulings of the commission chief executive. Part 2 The Public Service Commission and its role 43 Establishment The Public Service Commission is established. 44 Commission represents the State (1) The commission represents the State. (2) Without limiting subsection (1), the commission has the status, privileges and immunities of the State. 45 Commissioners The commission consists of the following persons (each a commissioner )— (a) the commission chief executive; (b) each chief executive of the department in which each of the following Acts is administered— Parliament of Queensland Act 2001 Page 42 Current as at [Not applicable]
Not authorised —indicative only Public Service Act 2008 Chapter 3 Administration [s 46] Statutory Bodies Financial Arrangements Act 1982 ; (c) a person appointed by the Governor in Council as the chairperson of the commission. Note— For particular provisions about the commission chief executive and other commissioners, see part 4, division 1. 46 Main functions (1) The commission’s main functions are to do the following— (a) enhance the public service’s human resource management and capability; (b) promote the management and employment principles; (c) enhance and promote an ethical culture and ethical decision-making across the public service; (d) enhance the public service’s leadership and management capabilities in relation to disciplinary matters; (e) conduct commission reviews; (ea) conduct reviews under part 6 about the handling by departments of work performance matters; (f) develop and implement public service-wide workforce management strategies; (g) together with the departments responsible for public sector industrial relations and public sector financial policy, consider improvements in the performance of departments through remuneration and conditions of employment; (h) facilitate the purposes of the chief executive and senior executive services and the position of senior officer; (i) report, at least annually, to the Minister on the application of the management and employment principles within the public service, including reporting on the following— Current as at [Not applicable] Page 43
Not authorised —indicative only Public Service Act 2008 Chapter 3 Administration [s 47] (i) the application of the principles, as a whole, within the public service as a whole; (ii) the application of only 1 or more of the principles within the public service as a whole or a part of the public service; (iii) the application of 1 or more of the principles for a specific purpose or to a specific group of persons; (j) monitor, and report to the Minister about, the workforce profile of the public service; (k) advise the Minister about the need for commission reviews about particular matters; (l) promote a culture of continuous improvement and organisational performance management across all public service offices; (m) provide a best practice advisory role on public service management, organisational performance management and workforce practices. (2) In performing its functions, the commission must have regard to the management and employment principles. (3) In this section— workforce profile means the demographic categories and other characteristics of a workforce. Part 3 Rulings by the commission chief executive and industrial relations Minister Division 1 General provisions about rulings 47 Types of ruling (1) Division 2 and particular other provisions of this Act authorise the making of instruments about persons who are, or Page 44 Current as at [Not applicable]
Not authorised —indicative only Public Service Act 2008 Chapter 3 Administration [s 48] who wish to become, or were, public service employees or other employees in public service offices. Example of another provision— chapter 5, part 6 (Assessing suitability of persons to be engaged in particular employment) (2) A directive is an instrument of a type mentioned in subsection (1) that the instrument states is a directive. (3) A directive binds the persons to whom it applies. (4) A guideline is an instrument of a type mentioned in subsection (1) that the instrument states is a guideline. (5) A guideline is for the guidance only of the persons to whom it applies. (6) A ruling is a directive or a guideline. 48 Making of and access to rulings (1) A directive may be made only by gazette notice. (2) A guideline may be made in the way the person making it considers appropriate. (3) After a person makes a ruling, the person must ensure it is published on the following website as soon as practicable— (a) if the person is the commission chief executive—the commission’s website; (b) if the person is the industrial relations Minister—the website of the department in which the Industrial Relations Act 2016 is administered. (4) A failure to comply with subsection (3) does not invalidate or otherwise affect the ruling. 49 General references to a ruling A reference to a ruling or a type of ruling, without specifying who made it, is a reference to any ruling, or any ruling of that type. Current as at [Not applicable] Page 45
Not authorised —indicative only Public Service Act 2008 Chapter 3 Administration [s 49A] 49A Consultation for directives (1) This section applies if the commission chief executive or the industrial relations Minister proposes to make a directive that affects— (a) a public service agency; or (b) public service employees who are entitled to be represented by an employee organisation. (2) The commission chief executive or the industrial relations Minister must consult with the public service agency and employee organisation about the making of the proposed directive. (3) In this section— employee organisation see the Industrial Relations Act 2016 , schedule 5. public service agency means— (a) a department; or (b) a public service office. 50 Criteria for making a ruling In making a ruling, the commission chief executive or the industrial relations Minister must consider any advice given to the other about improving the public service’s effectiveness and efficiency. Note— For rulings that are to specifically apply to the audit office, see also the Auditor-General Act 2009 . 51 Relationship with legislation (1) If a ruling is inconsistent with an Act or subordinate legislation, the Act or subordinate legislation prevails to the extent of the inconsistency. Page 46 Current as at [Not applicable]
Public Service Act 2008 Chapter 3 Administration [s 52] (2) For subsection (1), a ruling is not inconsistent with an Act or subordinate legislation to the extent that the ruling is at least as favourable as the Act or subordinate legislation. Not authorised —indicative only 52 Relationship between directives and industrial instruments (1) This section applies if a directive deals with a matter all or part of which is dealt with under an industrial instrument. (2) The industrial instrument prevails over the directive to the extent of any inconsistency between the directive and the industrial instrument. (3) For subsection (2), a directive is not inconsistent with an industrial instrument to the extent that the remuneration and conditions of employment provided for in the directive are at least as favourable as the remuneration and conditions of employment provided for in the industrial instrument. (4) In this section— directive includes— (a) a directive as applied by a regulation made for section 23; and (b) a decision made in the exercise of a discretion under a directive. Division 2 General ruling-making powers 53 Rulings by commission chief executive (1) The commission chief executive may make a ruling about— (a) a matter relating to any of the commission’s or the commission chief executive’s functions; or Examples of what a ruling by the commission chief executive may be about— recruitment and selection, deployment, training and development of public service employees Current as at [Not applicable] Page 47
Not authorised —indicative only Public Service Act 2008 Chapter 3 Administration [s 54] the transfer or redeployment of public service employees surplus to the needs of a department overall performance management standards for the public service (b) the overall employment conditions for persons employed or to be employed as— (i) chief executives, senior executives or senior officers; or (ii) public service officers on contract whose remuneration is equal to, or higher than, the remuneration payable to a senior officer; or (ba) a matter relating to the application of chapter 6 or 7 to a former public service employee; or (c) other specific matters that, under this Act, the commission chief executive may make a ruling about. (2) To remove any doubt, it is declared that the commission chief executive can not make a ruling about the remuneration or conditions of employment of a public service employee who is covered by an industrial instrument. 54 Rulings by industrial relations Minister (1) The industrial relations Minister may make rulings about— (a) the remuneration and conditions of employment of non-executive employees; or (b) other matters under this Act that the Minister may make a ruling about. (2) However, a ruling under subsection (1)(b) may only be made for non-executive employees. (3) To remove any doubt, it is declared that the industrial relations Minister can make a ruling about the remuneration or conditions of employment of a public service employee who is covered by an industrial instrument. (4) In this section— Page 48 Current as at [Not applicable]
Not authorised —indicative only Public Service Act 2008 Chapter 3 Administration [s 54A] non-executive employees means public service employees other than— (a) chief executives, senior executives or senior officers; or (b) other public service officers on contract whose remuneration is equal to, or higher than, the remuneration payable to a senior officer. 54A Joint rulings Nothing in this Act or the Industrial Relations Act 2016 prevents the commission chief executive and the industrial relations Minister from making a joint ruling. 55 Directives to apply Act to general and temporary employees (1) A directive may apply a provision of this Act to a general employee or temporary employee. (2) The provision applies to the employee in the following ways (the directive’s application )— (a) as if the employee were a public service officer; (b) with necessary changes and any other changes prescribed under a directive of the commission chief executive. (3) The directive may prescribe anything necessary or convenient— (a) to make the directive or for its application; or (b) to carry out or give effect to the directive or its application; or (c) because of the making of the directive or its application. Current as at [Not applicable] Page 49
Not authorised —indicative only Public Service Act 2008 Chapter 3 Administration [s 56] Part 4 Particular provisions about the commission and commission reviews Division 1 Commissioners Subdivision 1 Commission chief executive 56 Appointment (1) The Governor in Council must appoint a person as the chief executive of the commission (the commission chief executive ). (2) A disqualified person can not be appointed. (3) The term of the appointment is decided by the Governor in Council. (4) However, the term can not be more than 5 years. (5) The appointment must be on a full-time basis. 57 Basis of employment (1) A person appointed as the commission chief executive must enter into a written contract of employment with the Minister. (2) Without limiting subsection (1), the contract may provide— (a) for the commission chief executive to meet performance standards set by the Minister; and (b) for the remuneration to which the person is entitled; and (c) that the appointment and contract of employment may be terminated by the Governor in Council by notice signed by the Minister given to the person at least 1 month before it is to take effect. Page 50 Current as at [Not applicable]
Public Service Act 2008 Chapter 3 Administration [s 58] (3) The conditions of the contract are to be approved by the Minister. (4) The appointee’s conditions of employment are governed by this Act and the contract. Not authorised —indicative only 58 Main functions (1) The commission chief executive is responsible for the performance of the commission’s functions. (2) The commission chief executive’s other main functions are to do the following— (a) approve final reports for commission reviews; (b) make rulings; (c) appoint and second senior executives; (d) facilitate the development of senior executives and senior officers; (e) perform other duties as directed by the Minister. 59 Duty in performing functions The commission chief executive must perform his or her functions independently, impartially, fairly, and in the public interest. 60 Acting as commission chief executive (1) The Minister may appoint a person to act as the commission chief executive during any period or all periods when— (a) there is a vacancy in the office; or (b) the commission chief executive is absent from duty or is, for another reason, unable to perform the functions of commissioner. (2) It does not matter whether the appointee is or is not a public service officer. Current as at [Not applicable] Page 51
Not authorised —indicative only Public Service Act 2008 Chapter 3 Administration [s 61] 61 Preservation of commission chief executive’s accrued rights (1) This section applies if a public service officer is appointed as the commission chief executive. (2) The person keeps all rights accrued or accruing to the person as a public service officer as if service as the commission chief executive were a continuation of service as a public service officer. 62 Delegation (1) The commission chief executive may delegate his or her functions under this Act to an appropriately qualified staff member of the commission. (2) The commission chief executive may also delegate his or her functions under section 88I to any other appropriately qualified entity. (3) However, the commission chief executive can not delegate the functions of— (a) approving final reports for commission reviews; or (b) making rulings; or (c) appointing or seconding senior executives. 63 Resignation (1) The commission chief executive may resign by signed notice given to the Minister. (2) However, at least 1 month’s notice of resignation must be given. Page 52 Current as at [Not applicable]
Subdivision 2 Chairperson Public Service Act 2008 Chapter 3 Administration [s 64] Not authorised —indicative only 64 Appointment (1) This section applies for the appointment of a person as the chairperson of the commission. (2) A disqualified person can not be appointed. (3) The term of the appointment and the conditions of office not provided for under this division are decided by the Governor in Council. (4) However, the term can not be more than 5 years. 65 Disclosure of interests (1) This section applies if— (a) the chairperson has an interest in a matter being considered, or about to be considered, by the commission at a commission meeting; and (b) the interest could conflict with the proper performance of the chairperson’s functions for the matter. (2) The chairperson must, as soon as practicable, disclose the interest to the commission chief executive. (3) Unless the commission otherwise decides, the chairperson must not participate in the commission’s consideration of the matter at the meeting. (4) A reference to an interest or to a conflict of interest is a reference to those matters within their ordinary meaning under the general law, and, in relation to an interest, the definition in the Acts Interpretation Act 1954 , schedule 1, does not apply. 66 Resignation The chairperson may resign by signed notice given to the Minister. Current as at [Not applicable] Page 53
Not authorised —indicative only Public Service Act 2008 Chapter 3 Administration [s 67] Subdivision 3 Miscellaneous provisions 67 Criminal history checks to confirm suitability for appointment (1) To help decide whether a person is suitable for nomination for appointment as the commission chief executive or the chairperson, the Minister may ask the police commissioner for a report about the person’s criminal history. (2) However, the Minister may make the request only if the person has given the Minister written consent for the request. (3) The police commissioner must comply with the request. (4) However, subsection (3) applies only to information in the police commissioner’s possession or to which the commissioner has access. (5) If the criminal history of the person includes a conviction recorded against the person, the commissioner’s report must be written. (6) The Minister must destroy the report as soon as practicable after the decision has been made. Division 2 Meetings and other business 69 Conduct of business Subject to this part, the commission may conduct its business, including its meetings, in the way it considers appropriate. 70 Times and places of meetings (1) Commission meetings are to be held at the times and places the chairperson decides. (2) However, the chairperson must call a meeting if asked, in writing, to do so by at least 2 commissioners. Page 54 Current as at [Not applicable]
Not authorised —indicative only Public Service Act 2008 Chapter 3 Administration [s 71] (3) Also, the chairperson must call a meeting at least once in each quarter. 71 Quorum A quorum for a commission meeting is any 2 commissioners. 72 Meeting deputies for particular commissioners (1) A commissioner who is a chief executive of a department may, by signed notice, appoint an appropriately qualified public service officer as his or her deputy. (2) The deputy may, as the commissioner’s delegate, attend a commission meeting in the commissioner’s absence and exercise the commissioner’s powers under this Act at the meeting. (3) A deputy attending a commission meeting is to be counted in deciding if there is a quorum for the meeting. 73 Presiding at meetings (1) The chairperson is to preside at all commission meetings at which the chairperson is personally present. (2) If the chairperson is absent from a commission meeting, the commissioner chosen by the commissioners present is to preside. 74 Conduct of meetings (1) The commission may hold meetings, or allow commissioners to take part in its meetings, by using any technology allowing reasonably contemporaneous and continuous communication between persons taking part in the meeting. (2) A person who takes part in a commission meeting under subsection (1) is taken to be present at the meeting. Current as at [Not applicable] Page 55
Not authorised —indicative only Public Service Act 2008 Chapter 3 Administration [s 75] 75 Decisions outside meetings A decision of the commission, other than a decision at a commission meeting, is validly made if— (a) the decision is made with the written agreement of at least 2 commissioners; and (b) notice of the proposed decision is given under procedures approved by the commission. 76 Minutes and record of decisions The commission must keep— (a) minutes of its meetings; and (b) a record of any decisions under section 65(3) or 75. Division 3 Staff and agents 77 Staff members of the commission (1) The commission chief executive may— (a) employ the persons he or she considers necessary to perform the commission’s functions; and (b) arrange with the chief executive of a department or the head of a public service office for the services of its public service employees to be made available to the commission. (2) Persons employed or made available under subsection (1) are staff members of the commission. 78 Staff generally subject to direction by commission chief executive Staff members of the commission are subject to the direction of the commission chief executive relating to the performance of the commission’s functions. Page 56 Current as at [Not applicable]
Not authorised —indicative only Public Service Act 2008 Chapter 3 Administration [s 79] 79 Agents (1) To meet temporary circumstances, the commission chief executive may engage suitably qualified persons to provide the commission with services, information or advice. (2) The engagement of the persons is on the terms and conditions decided by the commission chief executive, and not under this Act. Division 4 Commission reviews and reports Subdivision 1 Conduct and scope 80 Minister to be kept informed of conduct of review The commission chief executive must keep the Minister informed of the general conduct of each commission review. 81 Minister may obtain information from commission (1) If the Minister asks the commission for particular information concerning a matter relating to a commission review, the commission must— (a) comply with the request; and (b) give the help the Minister needs to consider the information. (2) Information provided to the Minister under subsection (1) is confidential. 82 Disclosures to commission for review A person may disclose a document or information to the commission or a commission official for the purpose of a commission review. Current as at [Not applicable] Page 57
Not authorised —indicative only Public Service Act 2008 Chapter 3 Administration [s 83] Subdivision 2 Reports 83 Affected agencies to be given a draft report (1) This section applies if a particular public service office is the subject of a commission review. (2) The commission must— (a) prepare a draft report for the review; and (b) give a copy of the draft report to the public service office; and (c) give the public service office a reasonable opportunity to respond to the draft report; and (d) have regard to any response before preparing a final report for the review and giving it to the Minister. (3) In its response, the public service office may ask the commission to include a particular statement in the commission’s final report. 84 Content A final report for a commission review must be approved by the commission chief executive and include— (a) a consideration of relevant viewpoints and options to address the issues covered by the report; and (b) the commission’s recommendations relating to the issues; and (c) details of the consultation undertaken in the course of the review; and (d) any statement the commission is asked to include under section 83(3). Page 58 Current as at [Not applicable]
Not authorised —indicative only Public Service Act 2008 Chapter 3 Administration [s 85] 85 Procedure for reporting sensitive information (1) This section applies if the commission considers that, apart from this section, information that would be included in a draft report or final report for a commission review is sensitive information. (2) The commission need not include the information in the report. (3) If the report is a final report, the commission may include the information in a separate document given to the Minister. (4) In this section— sensitive information means information— (a) that would be contrary to the public interest to disclose; or Examples of when disclosing information may be contrary to the public interest— 1 The disclosure would have a serious adverse effect on someone’s commercial interests. 2 The disclosure would reveal trade secrets. 3 The disclosure would cause damage to the relations between the Government of the State and another Government. (b) for which, in any judicial proceeding, the State would have a basis for claiming that disclosure should not be permitted. Division 5 Miscellaneous provisions 86 How commission’s functions may be performed (1) The commission may make enquiries, gather information and otherwise engage in activities necessary to perform its functions. (2) In performing its functions, the commission— (a) need not act in a formal way; and Current as at [Not applicable] Page 59
Not authorised —indicative only Public Service Act 2008 Chapter 3 Administration [s 87] (b) may inform itself in the way it considers appropriate; and (c) may consult with anyone it considers appropriate; and (d) may receive written or oral submissions and other information. (3) However, for a commission review, the functions must be performed consistently with the terms of the Minister’s referral for the review. 87 Confidentiality relating to commission reviews (1) This section applies to a person who— (a) is or has been a commission official; and (b) in that capacity acquired protected information or has or had access to, or custody of, a document containing protected information. (2) The person must not— (a) make a record of protected information; or (b) whether directly or indirectly, divulge or communicate protected information; or (c) use protected information to benefit any person. Maximum penalty—200 penalty units or 1 year’s imprisonment. (3) However, subsection (2) does not apply if the record is made, or the information is divulged, communicated or used— (a) to the extent necessary to perform the person’s functions under or relating to this Act; or (b) with the consent of the entity to which the information relates; or (c) as required or permitted by law. (4) In this section— Page 60 Current as at [Not applicable]
Not authorised —indicative only Public Service Act 2008 Chapter 3 Administration [s 88A] protected information means information not publicly available obtained for a commission review. Part 5 IRC members 88A Functions of IRC members include functions under this Act (1) An IRC member has functions under this Act. (2) The performance of functions by an IRC member under this Act does not limit the member’s functions under the Industrial Relations Act 2016 unless otherwise provided. (3) The performance of functions by an IRC member under this Act is taken to be service as an IRC member under the Industrial Relations Act 2016 . 88B Senior IRC member (1) The president of the IRC is the senior IRC member for this Act. (2) The president may delegate the functions of the senior IRC member to another IRC member. 88C Functions of IRC members (1) An IRC member’s function under this Act is to hear and decide appeals under chapter 7, part 1. (2) The senior IRC member also has the function under this Act of making decisions and directions about practice under sections 203A and 203B. (3) The senior IRC member may delegate the member’s function under subsection (2) to another IRC member. Current as at [Not applicable] Page 61
Public Service Act 2008 Chapter 3 Administration [s 88H] Part 6 Functions of commission relating to work performance matters Not authorised —indicative only 88H Definitions for pt 6 In this part— information includes a document. public service employee includes a person who was a public service employee. work performance information directive means a directive issued by the commission chief executive under section 53(a) under which a department must give the commission information about work performance matters being, or that have been, handled by the department. work performance matter means a matter involving a public service employee’s work performance or personal conduct, including, for example, an allegation against the employee that constitutes or would, if proved, constitute a disciplinary ground. 88I Commission may conduct review of department’s handling of work performance matters (1) This section applies if, on the basis of information received under a work performance information directive, the commission chief executive reasonably considers it may be beneficial to conduct a review under this section to promote— (a) the continuous improvement of a department’s practices regarding the handling of work performance matters; or (b) the optimal resolution of a current work performance matter. (2) The commission may— (a) conduct a review of— Page 62 Current as at [Not applicable]
Not authorised —indicative only Public Service Act 2008 Chapter 3 Administration [s 88J] (i) 1 or more work performance matters that have been handled by the department; or (ii) a current work performance matter; and (b) give the chief executive of the department a report about the review. (3) The report mentioned in subsection (2)(b) must include any recommendations made by the commission about— (a) for a review mentioned in subsection (2)(a)(i)— improvements to the department’s practices regarding the handling of work performance matters; or (b) for a review mentioned in subsection (2)(a)(ii)—the optimal resolution of the current work performance matter the subject of the review. (4) A review under this section must be conducted— (a) by the commission chief executive; or (b) for the commission chief executive by— (i) a staff member of the commission to whom the function is delegated under section 62(1); or (ii) any other appropriately qualified entity to whom the function is delegated under section 62(2). (5) In this section— current work performance matter means a work performance matter being handled by the department at the time the commission chief executive forms the view mentioned in subsection (1). 88J Chief executive of department to provide help for review under s 88I (1) This section applies if the commission chief executive or another person (the reviewer ) is conducting a review under section 88I for a department. Current as at [Not applicable] Page 63
Not authorised —indicative only Public Service Act 2008 Chapter 3 Administration [s 88K] (2) The chief executive of the department must give the reviewer the help the reviewer reasonably requires to conduct the review. (3) The reviewer may ask the chief executive of the department for information relevant to the review. (4) The chief executive of the department must comply with a request under subsection (3). 88K Exchange of information with external agency (1) The commission chief executive may enter into an information exchange agreement with the chief executive officer (however described) of an external agency. (2) For the purposes of a review under section 88I, the commission chief executive may do either or both of the following under the information exchange agreement— (a) obtain relevant information from the external agency; (b) with the consent of the chief executive of the department to which the review relates, give relevant information to the external agency. (3) Also, to help the commission chief executive perform his or her functions under this part, the commission chief executive may give information to an external agency under an information exchange agreement. (4) In this section— external agency means an entity established under an Act and prescribed under a regulation as an external agency for this section. information exchange agreement means an agreement providing for the giving and receiving of information. relevant information means information about or relevant to any of the following— (a) a review of a work performance matter being conducted under section 88I; Page 64 Current as at [Not applicable]
Not authorised —indicative only Public Service Act 2008 Chapter 3 Administration [s 88L] (b) an investigation, inquiry or other activity being conducted by an external agency relating to the conduct, of a public service employee, that is the subject of a work performance matter being reviewed under section 88I. 88L Protection from liability for giving information (1) This section applies to a person who, acting honestly and reasonably, gives information under this part. (2) The person is not liable, civilly, criminally or under an administrative process, for giving the information. (3) Without limiting subsection (2)— (a) in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and (b) the person— (i) does not, by giving the information, contravene an Act, oath, rule of law or practice requiring the person to maintain the confidentiality of the information; and (ii) is not liable for disciplinary action for giving the information. (4) Also, merely because the person gives the information, the person can not be held to have— (a) breached any code of professional etiquette or ethics; or (b) departed from accepted standards of professional conduct. 88M Confidentiality of information (1) This section applies to a person who— (a) is, or has been, any of the following— (i) the commission chief executive; Current as at [Not applicable] Page 65
Not authorised —indicative only Public Service Act 2008 Chapter 3 Administration [s 88M] (ii) a staff member of the commission, or any other person, to whom the function of conducting a review under section 88I is delegated by the commission chief executive; and (b) in that capacity, acquired confidential information under this part. (2) The person must not disclose the confidential information to anyone else. Maximum penalty—100 penalty units. (3) Subsection (2) does not apply to the disclosure of confidential information— (a) for the purpose of administering this Act; or (b) to the extent necessary to perform the person’s functions under an Act; or (c) for a proceeding in a court or tribunal; or (d) with the consent of the person to whom the confidential information relates; or (e) if the disclosure is otherwise required or permitted under another Act or law. (4) In this section— confidential information (a) means personal information; but (b) does not include information in the public domain unless further disclosure of the information is prohibited by law. personal information means information or an opinion about an individual— (a) if the individual’s identity is apparent, or can reasonably be ascertained, from the information or opinion; and (b) whether or not the information or opinion— (i) is true; or Page 66 Current as at [Not applicable]
Not authorised —indicative only Public Service Act 2008 Chapter 3 Administration [s 88N] (ii) forms part of a database; or (iii) is recorded in a material form. 88N Publication of information about work performance matters (1) By 30 September after each financial year, the commission must publish the following information for the financial year in a publicly accessible way— (a) the number of work performance matters handled by each department in the year; (b) the types of work performance matters handled by each department in the year; (c) information about how work performance matters were handled by each department in the year, including, for example— (i) the period within which the handling of the matters was finalised; and (ii) the outcomes of the handling of the matters. (2) Subsection (1) applies only in relation to information the commission receives under the work performance information directive or to which the commission otherwise has access. Current as at [Not applicable] Page 67
Public Service Act 2008 Chapter 4 Chief executives, senior executives and senior officers [s 89] Chapter 4 Chief executives, senior executives and senior officers Not authorised —indicative only Part 1 Chief executives Division 1 The chief executive service 89 Establishment (1) A chief executive service is established in the public service. (2) The service consists of chief executives appointed under division 2. 90 Purpose and its achievement (1) The purpose of the chief executive service is to promote— (a) the public service’s effectiveness and efficiency; and (b) collaboration between departments with a focus on public service-wide priorities as well department-specific priorities; and (c) performance management in the public service; and (d) the delivery of services by the public service in accordance with Government priorities. (2) The purpose is to be achieved by attracting, developing and retaining in the public service a core of mobile, highly skilled chief executives. 91 Chief executive service standards (1) The Minister may make standards about the way the Minister expects the chief executive service to operate. Page 68 Current as at [Not applicable]
Not authorised —indicative only Public Service Act 2008 Chapter 4 Chief executives, senior executives and senior officers [s 92] (2) Without limiting subsection (1), the standards may provide for competencies expected of, and ethical standards for, chief executives. (3) The Minister must publish the standards in the way