The Parliament of Queensland enacts—
Chapter 1
Preliminary
Part 1
Introduction
1
Short
title
This Act may be cited as the Public Sector Act 2022.
2
Commencement
This Act commences on 1 March 2023.
3
Main
purpose of Act
The main purpose of this Act is to provide a
framework for a fair and integrated public sector that serves
the people of Queensland and the State.
4
How main
purpose is primarily achieved
The main purpose of this Act is to be achieved
primarily by—
(a)
ensuring the public sector is
responsive to the community it serves by—
(i)
promoting a spirit of
service to the community; and
(ii)
providing for the
appointment of chief executives and the employment
of senior executives to provide the public service
with high-performing, future-focused leadership;
and
(iii)
providing for the employment
and administration of the public service;
and
(iv)
taking measures to promote
the effectiveness and efficiency of public sector
entities; and
(v)
establishing the Public
Sector Commission and providing for the
appointment of a Public Sector Commissioner to
enhance the public sector’s human resource
management and capability; and
(vi)
establishing the Public
Sector Governance Council to provide oversight of
public sector governance; and
(vii)
establishing a shared
responsibility for the effective stewardship of
the public sector between the Public Sector
Governance Council, the Public Sector Commissioner
and chief executives of departments; and
(b)
creating a public sector that
supports the State government in reframing its
relationship with Aboriginal peoples and Torres
Strait Islander peoples by—
(i)
ensuring public sector
entities recognise the importance to Aboriginal
peoples and Torres Strait Islander peoples of the
right to self-determination; and
(ii)
ensuring public sector
entities actively promote the perspectives of
Aboriginal peoples and Torres Strait Islander
peoples; and
(c)
creating a public sector that
ensures fairness in the employment relationship and
fair treatment of its employees by—
(i)
providing for the key
rights, obligations and employment arrangements of
public sector employees; and
(ii)
maximising employment
security and permanency of employment; and
(iii)
taking steps to promote
equity, diversity, respect and inclusion in
employment, including for diversity target groups;
and
(iv)
ensuring a high-performing
and diverse workforce, through fair and
transparent, merit-based selection processes;
and
(v)
ensuring fair and
accountable decision-making, including by
providing public sector employees with access to
fair and independent reviews and appeals;
and
(vi)
setting a positive
performance management framework for public sector
employees; and
(vii)
fixing principles to guide
public sector managers, and the work performance
and personal conduct of public sector employees;
and
(d)
establishing a high-performing,
apolitical public sector by effective stewardship
that—
(i)
responds to the needs of the
community and the government; and
(ii)
maintains accountability,
impartiality and integrity, while supporting the
public interest, and when giving advice to the
government; and
(iii)
focuses on the delivery of
services and government programs; and
(iv)
supports the government in
making and implementing decisions about public
policy while harnessing creativity and innovation;
and
(v)
ensures public resources are
managed efficiently and their use is
accountable.
5
Application of provisions of this Act by another Act
(1)
Nothing in this Act prevents another Act or
regulation from—
(a)
applying particular provisions of
this Act to an entity that is not a public sector
entity or to the chief executive or employees of
that entity; or
(b)
providing for the way in which the
provisions mentioned in paragraph (a) are to
apply, including, for example, that they apply with
or without change.
(2)
In this section—
chief executive, of an
entity, includes the individual responsible for the
day-to-day management of the entity or the entity’s
affairs, whether or not the individual is subject to the
direction of, or reports to, a governing body of the
entity.
Part 2
Interpretation
Division 1
Dictionary
6
Definitions
The dictionary in schedule 2 defines particular
words used in this Act.
Division 2
Key terms
Subdivision 1
Entities
7
What is the public sector
The public sector is the sector
that consists of—
(a)
public sector entities;
and
(b)
public sector employees who
are employed in public sector entities.
8
What is a public sector entity
(1)
A public sector entity
is—
(a)
a public service entity;
or
(b)
an entity, other than a
public service entity, prescribed by regulation as
a public sector entity; or
(c)
a registry or other
administrative office of a court or tribunal of
the State; or
(d)
an agency, authority,
commission, corporation, instrumentality, office,
or other entity, other than an entity mentioned in
paragraph (a), (b) or (c), established under an
Act for a public or State purpose.
(2)
However, none of the following is a
public sector 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
established under the Parliamentary Service Act
1988;
(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;
(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) or
2.5(1)(b)(ii);
(i)
a community justice group
established under the Aboriginal and Torres Strait
Islander Communities (Justice, Land and Other
Matters) Act 1984;
(j)
a school council established
under the Education (General Provisions) Act
2006;
(k)
a parents and citizens
association formed under the Education (General Provisions) Act
2006, chapter 7;
(l)
a university established
under an Act;
(m)
a co-operative under the
Co-operatives National Law
(Queensland) for primary producers
that is not in receipt of moneys of, or financial
assistance from, the State;
(n)
an association incorporated
under the Associations Incorporation Act
1981;
(o)
a government owned
corporation, unless a regulation prescribes it to
be a public sector entity;
(p)
a national system employer
within the meaning of the Fair Work Act
2009 (Cwlth), section 14, including a national
system employer mentioned in section 30N of that Act;
(q)
the council;
(r)
a taskforce established
under section 195;
(s)
another entity prescribed by
another Act for this section not to be a public
sector entity;
(t)
another entity, or part of
another entity, prescribed by regulation for this
section not to be a public sector entity.
(3)
Also, if a public sector entity
mentioned in subsection (1)(d) is part of a department,
the public sector entity is taken not to have an
existence as a public sector entity, separate to the
existence of the department as a public sector entity,
for the purpose of this Act.
(4)
In this section—
court includes a court
of record.
9
What is a public service entity
A public service entity
is—
(a)
a department; or
(b)
an entity mentioned in schedule 1.
10
What is a department
A department is a department
of government declared under section 197.
11
What is the public service
The public service consists of
persons employed under chapter 4 or 5 in departments or other public
service entities.
Subdivision 2
Employees
12
Who is a public sector employee
(1)
A public sector employee
is—
(a)
a public service employee;
or
(b)
a person employed under
another Act or law in a public sector
entity.
(2)
However, none of the following is a
public sector employee—
(a)
a person appointed to an
office if—
(i)
the appointment to the
office is made by the Governor alone; or
(ii)
the appointment to the
office is made by the Governor in Council;
or
(iii)
the salary for the office is
provided for, or calculated in accordance with a
salary provided for, under the Judicial Remuneration Act
2007, the District Court of Queensland Act
1967 or the Magistrates Act
1991; or
(iv)
the office is a particular
office established under an Act that expressly
provides for the appointment of the holder of an
office mentioned in subparagraph (ii);
or
(v)
the office is honorary;
or
(vi)
the office is prescribed by
regulation for this subparagraph;
(b)
a person appointed as a
member of a board;
(c)
a person appointed as a
chief executive of a public sector entity if the
person was appointed by a board;
(d)
a person employed as an
associate to a Supreme Court judge, District Court
judge, commissioner under the Industrial Relations Act
2016, or judge or member of
another court of record;
(e)
a person employed as a
ministerial staff member under the Ministerial and Other Office Holder
Staff Act 2010;
(f)
a person employed under a
law of a jurisdiction outside Australia;
(g)
a person prescribed by
another Act for this section not to be a public
sector employee;
(h)
a person prescribed by
regulation for this section not to be a public
sector employee.
(3)
Despite subsection (1) or
(2), a person is a public
sector employee if—
(a)
the person is appointed as a
chief executive under section 171, the
commissioner under section 212, or a
special commissioner under section 230; or
(b)
another Act provides the
person is to be, may be, or is employed or
appointed under this Act.
(4)
Public sector employees are generally
employees for the Industrial Relations Act
2016.
(5)
Subsection (4) does not
limit or otherwise affect section 141.
13
Who is a public service employee
(1)
A public service employee
is a person employed under chapter 4 or 5 in a public service entity
as—
(a)
a general employee; or
(b)
a fixed term temporary
employee; or
(c)
a casual employee; or
(d)
an officer; or
(e)
a senior officer; or
(f)
a senior executive; or
(g)
a chief executive.
(2)
Also, the commissioner and each
special commissioner are a public service
employee.
14
Who is a public service officer
A public service officer is a
public service employee mentioned in section 13(1)(d), (e), (f) or (g) or (2).
15
Conditions of employment of public sector employee
(1)
The purpose of this section is to give
an overview of a public sector employee’s conditions of
employment.
(2)
A public sector employee’s conditions
of employment are governed by various laws and
instruments, including, for example, the
following—
(a)
this Act;
(b)
the Industrial Relations Act
2016;
(c)
other Acts applying to the
employee;
(d)
industrial instruments
applying to the employee;
(e)
directives applying to the
employee;
(f)
the employee’s contract of
employment.
(3)
A public sector employee’s conditions
of employment may be affected by other Acts, including,
for example, the Human Rights Act
2019.
Subdivision 3
Chief
executives
16
Who is a chief executive
A chief executive, in relation
to a public sector entity, is—
(a)
for a department—the
individual appointed under this Act as the chief
executive of the department; or
(b)
for a public service entity
mentioned in section 9(b)—the head of the entity;
or
(c)
for another public sector
entity—
(i)
if a regulation prescribes a
position for this subparagraph—the individual who
holds the prescribed position; or
(ii)
otherwise—the individual
responsible for the day- to-day management of the
entity or the entity’s affairs, whether or not the
individual is subject to the direction of, or
reports to, a governing body of the entity.
17
Who is a public sector employee’s chief executive
(1)
The chief executive, of a
public sector employee, is—
(a)
for a public service
employee—the chief executive of the public service
entity in which the employee is employed as a
public service employee; or
(b)
for a public sector employee
mentioned in section 12(1)(b)—the chief executive of
the public sector entity in which the employee is
employed as a public sector employee.
(2)
Despite subsection (1)(a), if the employee is
employed in a public service entity mentioned in section 9(b), the chief executive of
the employee is the head of the entity.
(3)
To remove any doubt, it is declared
that—
(a)
the chief executive of a
health service employee appointed under the
Hospital and Health Boards Act
2011, section 67(1) is the chief executive of
the department mentioned in that section;
and
(b)
the chief executive of a
health executive or a senior health service
employee appointed under the Hospital and Health Boards Act
2011, section 67(2) is the chief executive of
the Service mentioned in that section; and
(c)
the chief executive of a
health service employee appointed under the
Hospital and Health Boards Act
2011, section 67(3) is the chief executive of
the prescribed Service mentioned in that
section.
18
Relationship between chief executives and their
employees
(1)
The chief executive of a department
is, for the State, responsible for the employment of
public service employees of that department.
(2)
The public service employees of a
department are responsible to that department’s chief
executive in relation to their employment in that
department.
(3)
The chief executive of a public sector
entity other than a department is, for the State or the
public sector entity, responsible for the employment of
public sector employees of that public sector
entity.
(4)
The public sector employees of a
public sector entity other than a department are
responsible to that public sector entity’s chief
executive in relation to their employment in that public
sector entity.
Part 3
Reframing of State’s relationship with Aboriginal peoples and Torres Strait
Islander peoples
Division 1
Preliminary
19
Purpose of part
(1)
The purpose of this part is to—
(a)
ensure reframing entities
support the State government in reframing its
relationship with Aboriginal peoples and Torres
Strait Islander peoples, being Australia’s first
peoples; and
(b)
develop the cultural
capability of prescribed entities.
(2)
The purpose is to be achieved by ensuring
reframing entities and prescribed entities take active steps
to—
(a)
recognise the importance to
Aboriginal peoples and Torres Strait Islander
peoples of the right to self-determination;
and
(b)
foster a culturally capable
workforce and a culturally safe workplace by
developing the cultural capability of the
entities.
20
Definitions for part
In this part—
cultural capability, of
an entity, means the integration of knowledge about the
experiences and aspirations of Aboriginal peoples and
Torres Strait Islander peoples into the entity’s
workplace standards, policies, practices and attitudes
to produce improved outcomes for Aboriginal peoples and
Torres Strait Islander peoples.
reframing entity
means—
(a)
a public sector entity;
or
(b)
the police service; or
(c)
an entity prescribed by
another Act for this definition; or
(d)
an entity prescribed by
regulation for this definition.
Division 2
Responsibilities
21
Responsibilities for supporting a reframed relationship with
Aboriginal peoples and Torres Strait Islander peoples
(1)
Reframing entities, as providers of public
services to the people of Queensland, have a unique role in
supporting the State government in reframing its
relationship with Aboriginal peoples and Torres Strait
Islander peoples.
(2)
Reframing entities fulfil the role
by—
(a)
recognising and honouring
Aboriginal peoples and Torres Strait Islander
peoples as the first peoples of Queensland;
and
(b)
engaging in truth-telling
about the shared history of all Australians;
and
(c)
recognising the importance to
Aboriginal peoples and Torres Strait Islander
peoples of the right to self-determination;
and
(d)
promoting cultural safety and
cultural capability at all levels of the public
sector; and
(e)
working in partnership with
Aboriginal peoples and Torres Strait Islander
peoples to actively promote, include and act in a
way that aligns with their perspectives, in
particular when making decisions directly
affecting them; and
(f)
ensuring the workforce and
leadership of the entities are reflective of the
community they serve, having regard to chapter 2 and chapter 3, part 3; and
(g)
promoting a fair and inclusive
public sector that supports a sense of dignity and
belonging for Aboriginal peoples and Torres Strait
Islander peoples; and
(h)
supporting the aims,
aspirations and employment needs of Aboriginal
peoples and Torres Strait Islander peoples and the
need for their greater involvement in the public
sector.
(3)
The chief executive of a reframing entity
is responsible for ensuring the entity fulfils the
role.
(4)
To remove any doubt, it is declared
that—
(a)
an act or decision is not
invalid merely because a person fails to comply
with this section; and
(b)
nothing in this section
creates in a person a legal right or gives rise to
a civil cause of action.
Division 3
Plan and audit
22
Definition for division
In this division—
prescribed entity
means—
(a)
a department; or
(b)
a Hospital and Health
Service established under the Hospital and Health Boards Act
2011, section 17; or
(c)
the police service; or
(d)
an entity prescribed by
another Act for this definition; or
(e)
an entity prescribed by
regulation for this definition.
23
Reframing the relationship plan and audit
(1)
The chief executive of a prescribed entity
must, as part of the entity’s workforce planning, make a
document (a reframing the relationship
plan), informed by the matters mentioned in
section 21, that identifies
the measures for developing the cultural capability of the
entity when—
(a)
providing advice to the State
government; and
(b)
delivering services to the
community.
(2)
The reframing the relationship plan must
be published—
(a)
on the prescribed entity’s
website; or
(b)
if the prescribed entity does
not have a website, in another publicly available
way the chief executive of the entity considers
appropriate.
(3)
As soon as practicable after the end of
each financial year, the chief executive of the prescribed
entity must conduct an audit of the entity’s performance as
measured against the reframing the relationship plan.
(4)
The chief executive of the prescribed
entity—
(a)
must review the reframing the
relationship plan annually; and
(b)
may amend the plan at any
time; and
(c)
is responsible for the
implementation and outcomes of the plan.
Chapter 2
Equity,
diversity, respect and inclusion
Part 1
Preliminary
24
Purpose
of chapter
(1)
The purpose of this chapter is to ensure each
prescribed entity—
(a)
develops a diverse workforce that
represents and reflects the diverse views,
experiences and backgrounds of the people of
Queensland; and
(b)
actively progresses equity and
diversity in employment matters for diversity target
groups, including conducting an annual equity and
diversity audit and actively progressing gender pay
equity; and
(c)
can demonstrate there are equal
conditions of employment and equality in access to
employment opportunities and leadership roles;
and
(d)
fosters a respectful and inclusive
workplace culture in which all employees feel safe,
valued, accepted and supported at work and can
participate equally; and
(e)
creates a workplace free from
unlawful discrimination.
(2)
In this section—
actively progressing gender pay
equity includes taking measures to
achieve—
(a)
equal remuneration for male
and female employees for work of equal or
comparable value; and
(b)
equity for women in
employment conditions; and
(c)
equity in women’s access to
working arrangements and employment and
development opportunities.
25
Definitions for chapter
In this chapter—
chapter 2 special
commissioner means a person appointed as a
special commissioner under section 230 whose area of
public sector administration stated in the person’s
instrument of appointment relates to promoting equity,
diversity, respect and inclusion in employment.
chief executive, of a
prescribed entity—
(a)
for a prescribed entity that
is a public sector entity—see section 16; or
(b)
otherwise—the individual
responsible for the day-to-day management of the
entity or the entity’s affairs, whether or not the
individual is subject to the direction of, or
reports to, a governing body of the entity.
culture of respect and
inclusion, in relation to a prescribed
entity’s workforce, see section 32.
diversity target group means
any of the following groups—
(a)
Aboriginal peoples and Torres
Strait Islander peoples;
(b)
people from culturally and
linguistically diverse backgrounds;
(c)
people with disability;
(d)
women;
(e)
a group prescribed by
regulation for this definition.
employee includes an
individual appointed under a statutory appointment.
equity and diversity audit see section 29(1).
equity and diversity plan see section 28(1).
equity and diversity report see section 29(3).
prescribed entity
means—
(a)
a public sector entity;
or
(b)
the police service; or
(c)
an entity prescribed by
another Act for this definition; or
(d)
an entity prescribed by
regulation for this definition.
unlawful discrimination
means discrimination that is unlawful under the Anti-Discrimination Act
1991.
26
Application of chapter
This chapter applies in relation to a prescribed
entity only to the extent the prescribed entity has employees.
Part 2
Equity
and diversity in employment
27
Duty to
promote equity and diversity
The chief executive of a prescribed entity
must take reasonable action to—
(a)
promote, support and progress
equity and diversity in the entity in relation to
employment matters; and
(b)
ensure people who are members of 1
or more diversity target groups are able to pursue
careers, and compete for recruitment, selection and
promotion opportunities, in the entity; and
(c)
eliminate unlawful discrimination
in the entity in relation to employment
matters.
28
Equity
and diversity plan
(1)
The chief executive of a prescribed entity
must, as part of the entity’s workforce planning, make a
document (an equity and diversity plan) that
identifies the measures for improving equity and diversity in
the entity in relation to employment matters.
(2)
Without limiting subsection (1), the measures
identified in the equity and diversity plan must include—
(a)
the establishment of objectives,
strategies and targets for the employment of people
who are members of 1 or more diversity target groups
in the prescribed entity; and
(b)
any other measure prescribed by
regulation.
(3)
The equity and diversity plan must be
published—
(a)
on the prescribed entity’s
website; or
(b)
if the prescribed entity does not
have a website, in another publicly available way
the chief executive of the entity considers
appropriate.
(4)
The chief executive of the prescribed
entity—
(a)
must review the equity and
diversity plan annually; and
(b)
may amend the plan at any time,
having regard to the most recent equity and
diversity audit and equity and diversity report;
and
(c)
is responsible for the
implementation and outcomes of the plan.
(5)
To remove any doubt, it is declared that the
equity and diversity plan may also address matters about a group
of employees that is not a diversity target group.
Example of a
group of employees that is not a diversity target
group—
people with diverse sexual
orientations, gender identities or intersex
variations
29
Equity
and diversity audit and report
(1)
The chief executive of a prescribed entity
must conduct an audit each year (an equity and diversity
audit)—
(a)
to gather information about the
composition of the entity’s workforce; and
(b)
if the entity had an equity and
diversity plan for the previous year—to analyse
performance against that plan; and
(c)
otherwise to identify and analyse
opportunities to promote, support and progress
equity and diversity in the entity.
(2)
In planning for and conducting the audit, the
chief executive of the prescribed entity must consider—
(a)
the purpose of this chapter under
section 24; and
(b)
the chief executive’s duty under
section 27; and
(c)
the obligation under section 28 for the
chief executive to make an equity and diversity
plan.
(3)
As soon as practicable after conducting the
audit, the chief executive of the prescribed entity must prepare
a report about the information gathered in the audit (an
equity and diversity report).
(4)
If the commissioner or chapter 2 special commissioner
asks the chief executive of the prescribed entity for a copy of
the equity and diversity report, the chief executive must comply
with the request.
30
Request
for information
(1)
The commissioner or chapter 2 special commissioner
may ask the chief executive of a prescribed entity to provide
information about the chief executive’s compliance with section 27, 28 or 29.
(2)
Also, the commissioner or chapter 2 special commissioner
may ask for the following information for the prescribed
entity—
(a)
the steps the entity has taken to
comply with its equity and diversity plan;
(b)
the other information prescribed
by regulation.
(3)
The chief executive of the prescribed entity
must give the commissioner and chapter 2 special commissioner
the information within 3 months after receiving the
request.
31
Recommendation to take particular action
(1)
This section applies if the commissioner or
chapter 2 special commissioner
believes that the chief executive of a prescribed entity has not
fully complied with the obligation under section 28(1) to make an equity and diversity
plan.
(2)
The commissioner or chapter 2 special commissioner
may recommend to the chief executive of the prescribed entity
that particular action (the recommended action) be taken to
improve compliance with the obligation.
(3)
Without limiting subsection (2), the commissioner
or chapter 2 special commissioner
may recommend to the chief executive of the prescribed entity
that the entity’s equity and diversity plan be amended.
(4)
The chief executive of the prescribed entity
must either—
(a)
take the recommended action;
or
(b)
give the commissioner and chapter 2 special
commissioner a notice stating the reasons why the
recommended action can not be taken.
Part 3
Culture
of respect and inclusion in the public sector
32
What is
a culture
of respect and inclusion
A culture of respect and inclusion, in relation to a
prescribed entity’s workplace, includes a culture where—
(a)
all employees feel safe in the
workplace; and
(b)
the experiences and perspectives of
members of diversity target groups, and other groups of
employees that are not diversity target groups, are
invited and respected; and
Example
of a group of employees that is not a diversity
target group—
people with diverse sexual
orientations, gender identities or intersex
variations
(c)
a culture of belonging is fostered in
the entity’s workforce; and
(d)
employees in the entity are supported
to work together to improve performance and wellbeing of
all employees; and
(e)
employees in the entity possess the
skills and knowledge, and have access to the systems,
necessary to engage in employment matters in a
respectful, appropriate and safe way.
33
Duty to
promote and support culture of respect and inclusion
(1)
The chief executive of a prescribed entity is
responsible for promoting and supporting a culture of respect
and inclusion in the entity’s workplace.
(2)
The chief executive of a prescribed entity
must ensure the entity’s training programs, policies and
practices specifically promote and support a culture of respect
and inclusion.
(3)
To remove any doubt, it is declared that the
prescribed entity’s equity and diversity plan may outline
measures for fulfilling the requirements under subsection (1) or (2).
Example—
The prescribed entity’s equity and
diversity plan may contain measures for promoting a
culture in which the experiences and perspectives of
people with diverse sexual orientations, gender
identities or intersex variations are invited and
respected.
34
Request
for information
(1)
The commissioner or chapter 2 special commissioner
may ask the chief executive of a prescribed entity to provide
information about the entity’s compliance with section 33.
(2)
The chief executive of the prescribed entity
must give the commissioner and chapter 2 special commissioner
the information within 3 months after receiving the
request.
35
Recommendation to take particular action
(1)
This section applies if the commissioner or
chapter 2 special commissioner
believes, on the basis of information given under section 34, that the chief
executive of a prescribed entity has not fully complied with the
obligation under section 33(2).
(2)
The commissioner or chapter 2 special commissioner
may recommend to the chief executive of the prescribed entity
that particular action (the recommended action) be taken to
improve compliance with the obligation.
(3)
The chief executive of the prescribed entity
must either—
(a)
take the recommended action;
or
(b)
give the commissioner and chapter 2 special
commissioner a notice stating the reasons why the
recommended action can not be taken.
Part 4
Miscellaneous
36
Annual
report
(1)
This section applies to the following person
(the relevant commissioner)—
(a)
the chapter 2 special
commissioner;
(b)
if there is not a chapter 2 special
commissioner—the commissioner.
(2)
As soon as practicable after the end of each
financial year, the relevant commissioner must prepare and give
to the chairperson of the council a report about the relevant
commissioner’s activities under chapter 2 during the financial
year.
(3)
The chairperson must give the Minister and the
council a copy of the report.
37
Exemption from particular requirements and obligations
(1)
This section applies if the commissioner or
chapter 2 special commissioner
believes it is not reasonably practicable for the chief
executive of a prescribed entity to comply with any of the
following requirements or obligations because of the number of
staff or other resources of the entity—
(a)
a requirement to make an equity
and diversity plan;
(b)
a requirement to conduct an equity
and diversity audit;
(c)
a requirement to prepare an equity
and diversity report;
(d)
an obligation under section 33(2).
(2)
The commissioner or chapter 2 special commissioner
may give the chief executive of the prescribed entity an
exemption from the requirement or obligation.
(3)
The exemption may be for all years or a
particular year.
(4)
The commissioner or chapter 2 special commissioner
may cancel all or part of the exemption.
(5)
The exemption or cancellation must be in
writing.
Chapter 3
Public sector
arrangements
Part 1
Preliminary
38
Application of chapter
This chapter applies to public sector entities and
public sector employees.
Part 2
Principles
39
Public
sector principles
(1)
In recognition that public sector entities are
established for a public or State purpose, and of the trust the
people of Queensland place in public sector entities, a public
sector entity should be guided by the principles mentioned in
subsections (2) and (3) (the public sector principles).
(2)
The management of the public sector should be
guided by the following principles—
(a)
achieving a spirit of service to
the community;
(b)
ensuring accountability, integrity
and support of the public interest;
(c)
ensuring independence,
transparency and impartiality in giving advice and
making decisions;
(d)
achieving responsiveness,
innovation and creativity;
(e)
promoting collaboration between
public sector entities and other entities in
providing services to the community;
(f)
achieving continuous
organisational improvement.
(3)
The employment of public sector employees
should be guided by the following principles—
(a)
ensuring employment on a permanent
basis is the default basis of employment, other than
for non-industrial instrument employees;
(b)
supporting equity, diversity,
respect and inclusion at work;
(c)
ensuring the taking of measures
aimed at implementing and promoting pay
equity;
(d)
ensuring effectiveness and
efficiency while maintaining a focus on the
future;
(e)
ensuring fairness and impartiality
in making decisions;
(f)
remunerating employees at rates
appropriate to their responsibilities;
(g)
promoting equitable and flexible
working environments.
40
Work
performance and personal conduct principles
(1)
In recognition that public sector employment
involves a public trust, the work performance and personal
conduct of each public sector employee should be guided by the
following principles (the work performance and personal conduct
principles)—
(a)
achieving excellence in service
delivery;
(b)
ensuring the effective, efficient
and appropriate use of public resources;
(c)
giving effect to government
policies and priorities;
(d)
collaborating with other public
sector entities with a focus on public sector-wide
priorities in addition to priorities specific to
particular public sector entities, if appropriate
and while recognising the need for independence of
particular public sector entities;
(e)
providing sound and impartial
advice to government;
(f)
continuously improving work
performance, including through training and
development;
(g)
carrying out duties impartially
and with integrity;
(h)
acting honestly, fairly and in the
public interest;
(i)
interacting with staff members
under the Ministerial and Other Office Holder
Staff Act 2010 respectfully,
collaboratively and with integrity;
(j)
observing all laws relevant to the
employment;
(k)
ensuring the employee’s personal
conduct does not reflect adversely on the reputation
of the public sector entity in which the employee is
employed;
(l)
observing the ethics principles
under the Public Sector Ethics Act
1994, section 4;
(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)
A public sector manager must take all
reasonable steps to ensure each public sector employee under the
manager’s management is aware of the following matters—
(a)
the work performance and personal
conduct expected of the employee;
(b)
the public sector
principles;
(c)
the values of the public sector
entity in which the employee is employed;
(d)
for a public service employee—the
values of the public service;
(e)
what constitutes corrupt conduct
under the Crime and Corruption Act
2001.
(3)
Also, a public sector manager must—
(a)
provide working environments in
which all public sector employees are—
(i)
treated fairly and
reasonably; and
(ii)
assigned work according to
the employee’s responsibilities as reflected in
remuneration rates; and
(b)
consider and give effect to the
following matters when undertaking management
responsibilities—
(i)
the public sector
principles;
(ii)
the values of the public
sector entity in which the employee is
employed;
(iii)
if the manager is a public
service employee—the values of the public service;
and
(c)
ensure fairness and integrity in
performing managerial functions, including when
making decisions; and
(d)
undertake best practice human
resource management, including the application of
the positive performance management principles in
the following ways—
(i)
pro-actively managing the
work performance and personal conduct of public
sector employees;
(ii)
constructively engaging with
public sector employees to identify development
and training opportunities, improve work
performance, and build expertise in the public
sector;
(iii)
taking prompt and
appropriate action to address any unacceptable
work performance or personal conduct that arises;
and
(e)
take personal responsibility for
development as a manager.
(4)
A chief executive of a public sector entity
has overall responsibility for—
(a)
ensuring the entity performs its
functions in a way consistent with—
(i)
the main purpose of the
Act; and
(ii)
the ways in which the main
purpose of the Act
is to be primarily achieved; and
(iii)
the public sector
principles; and
(b)
ensuring managers within the
entity perform managerial functions in accordance
with the positive performance management principles;
and
(c)
ensuring public sector employees
have access to fair and independent reviews and
appeals; and
(d)
ensuring the entity has workforce
and human resource planning and practices, including
systems for the regular review of employment
arrangements for public sector employees.
Note—
If the chief executive is an
accountable officer under the Financial Accountability Act
2009, see also the responsibility
of the chief executive to develop the strategic
plan and operational plan under the Financial and Performance Management Standard
2019, section 8.
41
How
chief executive must perform functions and discharge
responsibilities
In performing functions and discharging
responsibilities under an Act, a chief executive of a public sector
entity must—
(a)
observe the public sector principles;
and
(b)
comply with all relevant laws,
industrial instruments and directives.
Part 3
Recruitment and selection
42
Definition for part
In this part—
employ, a person as a public
sector employee, includes—
(a)
for a public service
officer—second or promote the officer; and
(b)
for a chief
executive—appoint.
43
Application of part
This part applies to the employment of an eligible
person in or to a public sector entity.
44
Principles underpinning recruitment and selection
(1)
The purpose of this section is to ensure the
recruitment and selection of a high-performing, apolitical and
representative public sector workforce.
(2)
A person undertaking a recruitment and
selection process in a public sector entity, including, for
example, making a decision about employment of a public sector
employee, must undertake the process in accordance with the
principles mentioned in subsection (3).
(3)
The principles are—
(a)
recruitment and selection
processes must be directed to the selection of the
eligible person best suited to the position;
and
(b)
recruitment and selection
processes must be fair and transparent; and
(c)
recruitment and selection
processes must reflect the obligations under chapter 2 relating to
equity, diversity, respect and inclusion.
45
Employment on merit and for equity and diversity
(1)
A person selected for employment in or to a
public sector entity must be the eligible applicant best suited
to the position.
(2)
In deciding the eligible applicant best suited
to a position, a person undertaking a recruitment and selection
process in a public sector entity—
(a)
must consider each eligible
applicant’s ability to perform the requirements of
the position; and
(b)
may consider—
(i)
the way in which each
eligible applicant carried out any previous
employment; and
(ii)
the potential of each
eligible applicant to make a future contribution
to the entity; and
(iii)
the extent to which the
proposed decision would contribute to fulfilment
of the entity’s obligations under chapter 2, including,
for example, the objectives, strategies and
targets stated in the entity’s equity and
diversity plan.
46
Directive about recruitment and selection
The commissioner may make a directive about
recruitment and selection under this part, including, for
example—
(a)
the way in which recruitment or
selection processes in public sector entities must
be carried out; and
(b)
the way in which the principles
mentioned in section 44(3) are to be applied;
and
(c)
a matter mentioned in section 45(2).
Part 4
Eligibility for employment
47
Requirement for citizenship or residency
(1)
A person is eligible to be a public sector
employee only if the person—
(a)
is an Australian citizen; or
(b)
resides in Australia and has
permission, under a law of the Commonwealth, to work
in Australia.
(2)
A public sector employee’s chief executive
may, by signed notice, terminate the employee’s employment if
the employee is ineligible under subsection (1) to be a public
sector employee.
(3)
If a public sector employee’s permission to
work in Australia ends, the employee’s employment is taken to
have been terminated by the employee’s chief executive on the
same day.
Part 5
Suitability for employment
Division 1
Preliminary
48
Definitions for part
In this part—
engage, a person as a
public sector employee, includes—
(a)
employ, promote, transfer,
redeploy or second the person within or to a
public sector entity; and
(b)
allow the person to
participate in a mobility arrangement in a public
sector entity; and
(c)
start training the person in
a public sector entity as an apprentice or
trainee, within the meaning of the Further Education and Training Act
2014.
suitability directive
means a directive made for this part.
Division 2
Criminal history
49
Definition for division
In this division—
relevant duty see
section 50.
50
Meaning of relevant duty
(1)
A particular duty to be performed in a
public sector entity is a relevant duty if the chief
executive of the entity decides under the suitability
directive that because of the nature of the duty, it may be
necessary to have regard to the criminal history of a person
engaged to perform the duty to ensure the person is suitable
to perform the duty.
(2)
However, the duty is not a relevant duty
if the duty is likely to involve—
(a)
child-related duties; or
(b)
regulated employment.
Notes—
1
See divisions 3 and
4 for assessing the
suitability of persons to be engaged in
child-related duties.
2
See the Working with Children (Risk
Management and Screening) Act
2000, chapter 7, and division 4, in
relation to persons to be engaged in duties that
are regulated employment.
51
Relationship with other laws
This division is subject to the Criminal Law (Rehabilitation of Offenders) Act
1986 but does not limit any other law,
or other provision of this Act, under which a person’s criminal
history may be obtained.
52
Chief executive may decide to obtain criminal history
(1)
This section applies if the chief
executive of a public sector entity engages, or proposes to
engage, a person to perform a relevant duty in the
entity.
(2)
Also, this section applies if the chief
executive of a public sector entity changes, or proposes to
change, the duties of a public sector employee employed in
the entity to include a relevant duty.
(3)
The chief executive may, under the
suitability directive, ask the person for written consent
for the chief executive to obtain the person’s criminal
history.
53
Failure to consent to obtaining criminal history
(1)
This section applies if the person does
not consent, or withdraws the person’s consent, to the chief
executive obtaining the person’s criminal history.
(2)
If the person is a public sector employee
in the public sector entity who is engaged in performing a
relevant duty, the chief executive must ensure the person
does not perform a relevant duty.
(3)
If the person is not a public sector
employee in the public sector entity who is engaged in
performing a relevant duty, the chief executive is not
required to consider the person for the engagement.
54
Obtaining criminal history with consent
(1)
This section applies if the person gives
written consent to the chief executive obtaining the
person’s criminal history.
(2)
The chief executive may ask the police
commissioner for a written report about the person’s
criminal history.
(3)
The request may include the
following—
(a)
the person’s name and any
other name the chief executive believes the person
may use or may have used;
(b)
the person’s date and place of
birth, gender and address.
(4)
The police commissioner must comply with
the request to the extent the police commissioner has
possession of or access to the person’s criminal
history.
55
Assessment of suitability using criminal history
After the report about the person’s criminal
history is given to the chief executive, the chief executive
must, under the suitability directive, consider the person’s
criminal history in making an assessment about—
(a)
for section 52(1)—the person’s
suitability for the engagement to perform the
relevant duty; or
(b)
for section 52(2)—the person’s
suitability for the change to the person’s duties to
include the relevant duty.
Division 3
Child-related
duties
56
Definitions for division
In this division—
child-related duty see
section 57.
negative notice means a
negative notice under the Working with Children (Risk
Management and Screening) Act
2000.
registered teacher see
the Working with Children (Risk
Management and Screening) Act
2000, schedule 7.
57
Meaning of child-related duty
(1)
A duty to be performed in a public sector
entity is a child-related duty if the
chief executive of the entity decides under the suitability
directive that—
(a)
the duty—
(i)
is to be performed at a
place at which services are provided only or
mainly to children; or
(ii)
is to be performed in a role
involving providing services only or mainly to
children; or
(iii)
involves contact with
children that is of a type, or happens in a
context, that may create an unacceptable level of
risk for children; and
(b)
it is necessary to conduct
child-related employment screening, under the
Working with Children (Risk
Management and Screening) Act
2000, chapter 8, of a person the chief
executive engages, proposes to engage, or has
engaged, to perform the duty, to ensure the person
is suitable to perform the duty.
(2)
However, the duty is not a child-related
duty if the duty is likely to involve regulated
employment.
Note—
See the Working with Children (Risk
Management and Screening) Act
2000, chapter 7, and division 4, in relation
to persons to be engaged in duties that are regulated
employment.
58
Chief executive must ensure person holds working with children
authority
(1)
The chief executive of a public sector
entity must ensure a person does not perform a child-related
duty in the entity unless—
(a)
the person holds a working
with children authority; or
(b)
if the person is a police
officer or registered teacher—the person has made
a working with children check (exemption)
application under the Working with Children (Risk
Management and Screening) Act
2000.
(2)
Subsection (1) applies even
if the person is a public sector employee at the time the
chief executive proposes to engage the person to perform the
child-related duty.
59
Chief executive must ensure police officer or registered teacher
who is also a public sector employee holds exemption
(1)
This section applies if—
(a)
the chief executive of a
public sector entity engages a person who is a
police officer or registered teacher to perform
child-related duties on the basis the person made
an application mentioned in section 58(1)(b); and
(b)
when the chief executive
engages the person, the person is also a public
sector employee; and
(c)
either of the following
happens—
(i)
the person’s application is
withdrawn under the Working with Children (Risk
Management and Screening) Act
2000;
(ii)
the person is issued a
negative notice.
(2)
The chief executive must ensure the person
does not continue to perform child-related duties.
60
Chief executive must ensure police officer or registered teacher
who is not public sector employee holds exemption
(1)
This section applies if—
(a)
the chief executive of a
public sector entity engages a person who is a
police officer or registered teacher to perform
child-related duties on the basis the person has
made an application mentioned in section 58(1)(b); and
(b)
when the chief executive
engages the person, the person is not a public
sector employee.
(2)
The chief executive—
(a)
may employ the person on
probation only for a period that does not end
before a working with children exemption is issued
to the person; and
(b)
may confirm the person’s
employment after probation only if the person is
issued a working with children exemption;
and
(c)
must not confirm the person’s
employment after probation if either of the
following happens—
(i)
the person’s application is
withdrawn under the Working with Children (Risk
Management and Screening) Act
2000;
(ii)
the person is issued a
negative notice.
(3)
Subsection (2) does not
limit or otherwise affect a power to impose a longer
probationary period or to terminate a person’s
employment.
(4)
In this section—
working with children
exemption see the Working with Children (Risk
Management and Screening) Act
2000, section 282(2).
61
Effect of suspension of working with children authority
(1)
This section applies if a person’s working
with children authority is suspended under the Working with Children (Risk
Management and Screening) Act 2000.
(2)
The chief executive must ensure the person
does not perform a child-related duty in the public sector
entity during the period of the suspension.
62
Effect of cancellation of working with children authority
(1)
This section applies if a person’s working
with children authority is cancelled under the Working with Children (Risk
Management and Screening) Act 2000.
(2)
The chief executive must ensure the person
does not perform a child-related duty in the public sector
entity.
Division 4
Further assessment of
persons issued with working with children authority
63
Definition for division
In this division—
prescribed duty
means—
(a)
a child-related duty;
or
(b)
a duty relating to regulated
employment.
64
Application of division
(1)
This division applies if—
(a)
the chief executive of a
public sector entity engages, proposes to engage,
or has engaged, a person to perform a prescribed
duty in the entity; and
(b)
the chief executive (working
with children) has issued a working with children
authority to the person; and
(c)
the chief executive (working
with children) has advised the chief executive of
the public sector entity, under the Working with Children (Risk
Management and Screening) Act
2000, section 235 or 293, that a further assessment of the
person may be needed to decide whether the person
should be engaged to perform the prescribed duty.
(2)
However, this section does not apply if
the chief executive of the public sector entity engages,
proposes to engage, or has engaged, the person to perform
the prescribed duty only—
(a)
under a contract for services;
or
(b)
on a voluntary basis; or
(c)
if the person is a
student—under an arrangement to provide the person
with practical experience in the person’s field of
study.
(3)
In this section—
chief executive (working with
children) means the chief executive of
the department in which the Working with Children (Risk
Management and Screening) Act 2000
is administered.
65
Relationship with other laws
This division is subject to the Criminal Law (Rehabilitation of Offenders) Act
1986 but does not limit any other law,
or other provision of this Act, under which a person’s criminal
history may be obtained.
66
Chief executive may decide to obtain criminal history
The chief executive may, under the suitability
directive, ask the person for written consent for the chief
executive to obtain the person’s criminal history.
67
Failure to consent to obtaining criminal history
(1)
This section applies if the person does
not consent, or withdraws the person’s consent, to the chief
executive obtaining the person’s criminal history.
(2)
If the person is a public sector employee
in the public sector entity who is engaged in performing a
prescribed duty, the chief executive must ensure the person
does not perform a prescribed duty.
(3)
If the person is not a public sector
employee in the public sector entity who is engaged in
performing a prescribed duty, the chief executive is not
required to consider the person for the engagement.
68
Obtaining criminal history with consent
(1)
This section applies if the person gives
written consent to the chief executive obtaining the
person’s criminal history.
(2)
The chief executive may ask the police
commissioner for a written report about the person’s
criminal history.
(3)
The request may include the
following—
(a)
the person’s name and any
other name the chief executive believes the person
may use or may have used;
(b)
the person’s date and place of
birth, gender and address.
(4)
The police commissioner must comply with
the request to the extent the police commissioner has
possession of or access to the person’s criminal
history.
69
Assessment of suitability using criminal history
After the report about the person’s criminal
history is given to the chief executive, the chief executive
must, under the suitability directive, consider the person’s
criminal history in making an assessment about the person’s
suitability for the engagement to perform the prescribed
duty.
Division 5
Serious disciplinary
action
70
Definition for division
In this division—
serious disciplinary
action means—
(a)
disciplinary action under a
public sector disciplinary law involving—
(i)
termination of employment;
or
(ii)
reduction of classification
level or rank; or
(iii)
transfer or redeployment to
other employment; or
(iv)
reduction of remuneration
level; or
(b)
a disciplinary declaration
under a public sector disciplinary law that states
that the disciplinary action that would have been
taken against a person if the person’s employment
had not ended is the disciplinary action mentioned
in paragraph (a)(i) or (ii); or
(c)
action taken by a chief
executive to end a person’s employment as a public
sector employee, or to consider a person’s
employment as a public sector employee as ended,
as mentioned in part 11.
71
Chief executive may require person to disclose serious disciplinary
action
(1)
This section applies if the chief
executive of a public sector entity proposes to employ a
person in, or second a person to, the entity.
(2)
The chief executive may, under a
directive, require the person to give the chief executive a
notice stating the particulars of any serious disciplinary
action taken against the person.
(3)
The person must comply with the
requirement before the employment or secondment takes effect
and within the period and in the way stated by the chief
executive.
(4)
The chief executive is not required to
further consider the person for the employment or secondment
if the person—
(a)
fails to comply with the
requirement; or
(b)
gives false or misleading
information in response to the requirement.
72
Assessment of suitability using notice of serious disciplinary
action
After the notice about the person’s serious
disciplinary action is given to the chief executive, the chief
executive must consider, under a directive, the particulars of
any serious disciplinary action taken against the person in
making an assessment about the person’s suitability for the
employment in, or secondment to, the public sector entity.
Division 6
Change in criminal history
73
Public sector employee must disclose to chief executive charge or
conviction for indictable offence
(1)
This section applies if a public sector
employee is—
(a)
charged with an indictable
offence; or
(b)
convicted by a court of an
indictable offence.
(2)
The employee must give the employee’s
chief executive a notice stating—
(a)
if the employee has been
charged with an indictable offence—
(i)
that the employee has been
charged; and
(ii)
the details of the alleged
offence; or
(b)
if the employee has been
convicted of an indictable offence—
(i)
that the employee has been
convicted; and
(ii)
the details of the offence;
and
(iii)
the penalty imposed on the
employee.
(3)
The notice must be given—
(a)
if the employee has been
charged with an indictable offence—immediately
after the employee is charged; or
(b)
if the employee has been
convicted of an indictable offence—immediately
after the employee is convicted.
(4)
In this section—
convicted includes a
finding of guilt, whether or not a conviction is
recorded.
indictable offence
includes an indictable offence dealt with
summarily.
74
Prosecuting authority must disclose to chief executive committals,
convictions and other information
(1)
This section applies if the police
commissioner or the director of public prosecutions (a
prosecuting authority)
becomes aware that a person—
(a)
is a public sector employee in
a public sector entity; and
(b)
has been charged with a
relevant offence.
(2)
If the person is committed by a court for
trial for a relevant offence, the prosecuting authority
must, within 7 days after the committal, give the person’s
chief executive a notice including the following
information—
(a)
the person’s name;
(b)
the court;
(c)
particulars of the alleged
relevant offence;
(d)
the date of the
committal;
(e)
the court to which the person
was committed.
(3)
If the person is convicted before a court
of a relevant offence, the prosecuting authority must,
within 7 days after the conviction, give a notice to the
person’s chief executive including the following
information—
(a)
the person’s name;
(b)
the court;
(c)
particulars of the relevant
offence;
(d)
the date of the
conviction;
(e)
the sentence imposed by the
court.
(4)
If the person is convicted as mentioned in
subsection (3), and the
person has appealed against the conviction, and the appeal
is finally decided or has otherwise ended, the prosecuting
authority must, within 7 days after the decision or the day
the appeal otherwise ends, give a notice to the person’s
chief executive including the following information—
(a)
the person’s name;
(b)
particulars of the relevant
offence;
(c)
the date of the decision or
other ending of the appeal;
(d)
if the appeal was
decided—
(i)
the court in which it was
decided; and
(ii)
particulars of the
decision.
(5)
If the prosecution for the relevant
offence ends without the person being convicted of the
offence, the prosecuting authority must, within 7 days after
the prosecution process ends, give a notice to the person’s
chief executive including the following information—
(a)
the person’s name;
(b)
if relevant, the court in
which the prosecution process ended;
(c)
particulars of the relevant
offence;
(d)
the date the prosecution
process ended.
(6)
For subsection (5), the
prosecution process ends if—
(a)
an indictment was presented
against the person but a nolle prosequi is entered
on the indictment or the person is acquitted;
or
(b)
the prosecution process
otherwise ends.
(7)
In this section—
disqualifying offence
see the Working with Children (Risk
Management and Screening) Act
2000, section 16.
relevant offence
means—
(a)
an indictable offence;
or
(b)
a disqualifying offence that
is not an indictable offence.
Division 7
Offences
75
Failure to give required notice
A person must not fail to give a notice
required to be given under section 73 to the person’s chief
executive, unless the person has a reasonable excuse.
Maximum penalty—100 penalty
units.
76
Giving chief executive false or misleading information in
notice
(1)
A person must not, in a notice required to
be given under section 73 to the person’s
chief executive, give the chief executive information the
person knows is false or misleading in a material
particular.
Maximum penalty—100 penalty
units.
(2)
Subsection (1) does not
apply to a person if the person, when giving the
notice—
(a)
tells the chief executive, to
the best of the person’s ability, how the notice
is false or misleading; and
(b)
if the person has, or can
reasonably obtain, the correct information—gives
the correct information.
77
False or misleading statements in written consent or other
document
A person must not give a chief executive of a
public sector entity a written consent as mentioned in section 52 or 66, or another document under this
part, that the person knows contains information that is false
or misleading in a material particular.
Maximum penalty—100 penalty units.
Division 8
Miscellaneous
78
Evidence of identity
A public sector employee must, within 1 month
after starting employment in the public sector, give the
employee’s chief executive—
(a)
a certified copy or certified
extract of the employee’s birth certificate;
or
(b)
if it is not practicable to obtain
the copy or extract, another document the chief
executive considers satisfactorily establishes the
employee’s identity.
79
Destruction of reports and notices
(1)
This section applies to each of the
following documents if, under the suitability directive, the
document is no longer required to be kept—
(a)
a criminal history report
about a person after the chief executive who
requested the report makes an assessment about the
person under division 2 or 4;
(b)
a notice given to a chief
executive under section 74.
(2)
The chief executive must destroy the
document and any other document required by the suitability
directive to be destroyed.
80
Commissioner must make directive for this part
(1)
The commissioner must make a directive for
this part.
(2)
The directive must include provision
for—
(a)
the circumstances in which a
chief executive may decide it is necessary to
obtain the criminal history of a person; and
(b)
the following matters—
(i)
the types of places a chief
executive may decide are places at which services
are provided only or mainly to a child or
children;
(ii)
the types of roles a chief
executive may decide involve providing services
only or mainly to a child or children;
(iii)
the duties that involve
contact with a child or children that is of a
type, or happens in a context, that may create an
unacceptable level of risk for the child or
children; and
(c)
giving a person a reasonable
opportunity to make written representations about
a criminal history report before an adverse
decision relating to the person is made.
(3)
In this section—
adverse decision,
relating to a person, means a decision about the
person’s suitability for engagement or continued
engagement to perform—
(a)
relevant duties in relation
to which a criminal history report was obtained,
other than a decision that the person is suitable
for engagement to perform the relevant duties;
or
(b)
child-related duties, other
than a decision that the person is suitable for
engagement to perform the child-related duties;
or
(c)
duties that are regulated
employment, other than a decision that the person
is suitable to perform the duties.
Part 6
Nature
of employment
Division 1
Security of
employment
81
Basis of employment—generally on permanent basis
(1)
Employment of a public sector employee is
on a permanent basis unless the employee is employed on a
non-permanent basis under this Act or another Act that
enables the person to be employed on a non-permanent basis,
including, for example—
(a)
on a temporary basis for a
fixed term; or
(b)
on a casual basis.
(2)
However, a public sector employee may be
employed under this Act or another Act on a non-permanent
basis only if employment of the employee on a permanent
basis is not viable or appropriate.
(3)
Without limiting subsection (2), employment
of a public sector employee on a permanent basis may not be
viable or appropriate if the employment is for any of the
following purposes—
(a)
in relation to employment on a
temporary basis for a fixed term—
(i)
to fill a temporary vacancy
arising because a person is absent for a known
period; or
Examples of absence for a known period—
approved leave (including
parental leave), a secondment
(ii)
to perform work for a
particular project or purpose that has a known end
date; or
Example—
employment for a set period
as part of a training program or placement
program
(iii)
to fill a position for which
funding is unlikely or unknown; or
Example—
employment relating to
performing work for which funding is subject to
change or is not expected to be renewed
(iv)
to fill a short-term vacancy
before a person is employed on a permanent basis;
or
(v)
to perform work necessary to
meet an unexpected short-term increase in
workload;
Example—
an unexpected increase in
workload for disaster management and
recovery
(b)
in relation to employment on a
casual basis—
(i)
to fill a short-term vacancy
arising because a person is absent for an
unplanned or unexpected period; or
(ii)
to perform work for a short
period to fill a gap in a work roster for
employees employed on a permanent basis, or on a
temporary basis for a fixed term; or
(iii)
to fill a position for which
work patterns or work demand is variable and
difficult to predict; or
(iv)
to fill a position for which
work hours are irregular, informal, flexible,
occasional or non-rostered.
(4)
Without limiting subsection (3)(a), employment of a person on a
permanent basis may be viable or appropriate if a person is
required to be employed for a purpose mentioned in subsection (3)(a) on a frequent or regular
basis.
Example—
an ongoing requirement to backfill
multiple absences because of approved leave
(including parental leave) or secondments
(5)
Without limiting subsection (3)(b), employment of a person on a
permanent basis, or on a temporary basis for a fixed term,
may be viable or appropriate if a person is required to be
employed for a purpose mentioned in subsection (3)(b) on a regular or systematic
basis.
Example—
an ongoing requirement to fill
gaps in various work rosters, on a regular and
systematic basis
(6)
Subsections (2), (3), (4) and (5) apply despite another
Act.
(7)
To remove any doubt, it is declared that
this section applies in relation to a public sector
employee’s employment on a temporary basis for a fixed term
if the employment is extended under this Act or another
Act.
Division 2
Mobility of
employment
82
Mobility arrangement
(1)
A chief executive of a public sector
entity may enter into an arrangement (a mobility arrangement) under
which—
(a)
a person who is a public
sector employee employed in the entity temporarily
performs work for or within, or duties in—
(i)
another part of the entity;
or
(ii)
another entity; or
(b)
a person employed in another
entity temporarily performs work for or within, or
duties in, the public sector entity.
Examples of
another entity for paragraphs (a)(i) and (b)—
•
another public sector
entity
•
an entity of the
Commonwealth or another State, including, for
example, any of the following—
(a)
a department of government,
or part of a department of government, of the
Commonwealth or other State;
(b)
an agency, authority,
commission, corporation, instrumentality, office,
or other entity, established under a law of the
jurisdiction or under an authorisation of the
Commonwealth or other State for its public or
other purposes;
(c)
a part of an entity
mentioned in paragraph (b)
•
a private or public
company
(2)
However, the mobility arrangement may be
made only with the consent of—
(a)
the person; and
(b)
for subsection (1)(a)(ii) and (b)—the chief
executive, or appropriate office holder, of the
other entity.
(3)
The mobility arrangement may make
provision for all matters necessary or convenient to be
provided for under the arrangement.
(4)
The person’s chief executive or the chief
executive, or appropriate office holder, of the other entity
may end the mobility arrangement.
(5)
If a chief executive, or appropriate
office holder, ends a mobility arrangement under subsection (4), the chief
executive, or appropriate office holder, must give notice of
the ending of the arrangement to—
(a)
the other chief executive, or
appropriate office holder, who is a party to the
arrangement; and
(b)
the person.
(6)
The continuity of a person’s employment in
a public sector entity is taken not to have been broken by a
mobility arrangement.
(7)
The commissioner must make a directive
about mobility arrangements.
(8)
The directive may provide for the way in
which this section is to be applied, including, for example,
the period of notice to be given by a party to a mobility
arrangement before ending the arrangement under subsection (4).
Part 7
Notification of employment
83
Notification of proposed employment or secondment
(1)
If the chief executive of a public sector
entity intends to employ or second a person to perform duties as
a public sector employee, the chief executive must notify the
chief executive’s intention as required under a directive.
(2)
This section does not apply to—
(a)
employment declared under a
directive to be employment to which this section
does not apply; or
(b)
the transfer, redeployment or
secondment of a person under a provision of an Act
or a directive.
84
Notification of employment or secondment
(1)
This section applies if the chief executive of
a public sector entity—
(a)
was required, under section 83, to notify
the intention to employ a person on a permanent
basis, or second a person to perform duties, as a
public sector employee; or
(b)
is required, under a directive
made by the commissioner for this section, to
publish notice of the employment or secondment of a
public sector employee.
(2)
The chief executive must publish notice of the
employment or secondment in the gazette or in another way the
commissioner considers appropriate.
Part 8
Work
performance and conduct
Division 1
Positive performance
management
85
Positive performance management principles
(1)
For best practice human resource
management and in recognition that public sector employees
are selected based on recruitment and selection processes
under chapter 3, part 3, the management of
public sector employees must be directed towards the
following principles (positive performance management
principles)—
(a)
pro-actively managing the
professional and personal development of public
sector employees with a view to continuously
building expertise within the public sector;
(b)
ensuring regular and
constructive communication between public sector
managers and employees about the work performance
and personal conduct principles;
(c)
recognising the strengths,
requirements and circumstances of individual
employees and valuing their contributions;
(d)
recognising performance that
meets or exceeds expectations;
(e)
providing opportunities and
support to employees for improving
performance;
(f)
continuously improving
performance through the provision of training and
development;
(g)
identifying at the earliest
possible stage performance that does not meet
expectations;
(h)
integrating the matters
mentioned in paragraphs (a) to
(g) into management
practices and policies.
(2)
The commissioner must make a directive
about how the positive performance management principles are
to be applied.
86
Requirement to apply positive performance management principles
before taking disciplinary action
A public sector employee’s chief executive
must not take disciplinary action against the employee for a
matter relating to the employee’s performance until the chief
executive has complied with a directive made under section 85(2) about applying the positive
performance management principles in relation to the
matter.
Division 2
Conflicts of
interest
87
Meaning of interest
A reference to an interest or to a conflict of interest in this
division 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.
88
Declaration of interests—public sector employee
(1)
A public sector employee’s chief executive
may direct the employee to prepare and give the chief
executive a statement about the employee’s interests.
(2)
The statement must include the information
required under a directive made by the commissioner.
(3)
Subsection (4) applies
if—
(a)
a change to the employee’s
interests happens after the giving of the
statement; and
(b)
the change is of a type
prescribed under a directive made by the
commissioner; and
(c)
the chief executive has
directed the employee to give the chief executive
a revised version of the statement, including the
change, within a stated period or at a stated
interval.
(4)
The employee must give the revised version
of the statement, including the change, to the chief
executive within the stated period or at the stated
interval.
(5)
A reference to a public sector employee in
this section does not include a reference to a chief
executive of a public sector entity.
89
Conflicts of interest—public sector employee
(1)
If a public sector employee has an
interest that conflicts or may conflict with the discharge
of the employee’s duties, the employee—
(a)
must disclose the nature of
the interest and conflict to the employee’s chief
executive as soon as practicable after the
relevant facts come to the employee’s knowledge;
and
(b)
must not take action or
further action concerning a matter that is, or may
be, affected by the conflict unless authorised by
the employee’s chief executive.
(2)
A public sector employee’s chief executive
may direct the employee to resolve a conflict or possible
conflict between an interest of the employee and the
employee’s duties.
(3)
A reference to a public sector employee in
this section does not include a reference to a chief
executive of a public sector entity.
Division 3
Disciplinary
action
Subdivision 1
Preliminary
90
Definitions for division
In this division—
disciplinary action
see section 92.
disciplinary finding
means a finding that a disciplinary ground
exists.
disciplinary ground
means a ground for disciplining a public sector
employee under section 91.
take, disciplinary
action, includes direct the action be taken.
91
Grounds for discipline
(1)
A public sector employee’s chief
executive may discipline the employee if the chief
executive is reasonably satisfied the employee
has—
(a)
engaged in repeated
unsatisfactory performance or serious under
performance of the employee’s duties, including,
for example, by performing duties carelessly,
incompetently or inefficiently; or
(b)
been guilty of misconduct;
or
(c)
been absent from duty
without approved leave and without reasonable
excuse; or
(d)
contravened, without
reasonable excuse, a direction given to the
employee as a public sector employee by a
responsible person; or
(e)
used, without reasonable
excuse, a substance to an extent that has
adversely affected the competent performance of
the employee’s duties; or
(f)
contravened, without
reasonable excuse, a requirement of the chief
executive under section 71 in relation
to the employee’s employment or secondment by, in
response to the requirement—
(i)
failing to disclose a
serious disciplinary action; or
(ii)
giving false or misleading
information; or
(g)
contravened, without
reasonable excuse, a provision of—
(i)
this Act, other than section 39 or 40; or
(ii)
another Act that applies to
the employee in relation to the employee’s
employment; or
(h)
contravened, without
reasonable excuse, a relevant standard of conduct
in a way that is sufficiently serious to warrant
disciplinary action.
(2)
A disciplinary ground arises when the
act or omission constituting the ground is done or
made.
(3)
Also, a chief executive may
discipline, on the same grounds mentioned in subsection (1), a public
sector employee under section 94 or a person
under section 95.
(4)
To remove any doubt, it is declared
that a disciplinary ground does not arise in relation to
a public sector employee only because the employee’s
work performance or personal conduct fails to satisfy
the work performance and personal conduct principles or
the public sector principles.
(5)
In this section—
misconduct
means—
(a)
inappropriate or improper
conduct in an official capacity; or
(b)
inappropriate or improper
conduct in a private capacity that reflects
seriously and adversely on the public sector
entity in which the employee is employed.
Example of misconduct—
victimising another public
sector employee in the course of the other
employee’s employment in the public sector
relevant standard of
conduct —
(a)
for a public sector
employee, means—
(i)
a standard of conduct
applying to the employee under an approved code of
conduct under the Public Sector Ethics Act
1994; or
(ii)
a standard of conduct, if
any, applying to the employee under an approved
standard of practice under the Public Sector Ethics Act
1994; and
(b)
for a public sector employee
who is an ambulance officer under the Ambulance Service Act
1991, section 13(1)—includes a code of practice under
section 41 of that Act; and
(c)
for a public sector employee
who is a fire service officer under the Fire and Emergency Services Act
1990—includes a code of practice
under section 7B of that Act.
responsible person,
for a direction, means a person with authority to
give the direction, whether the authority derives
from this Act or another law.
92
Meaning of disciplinary action
(1)
Disciplinary action is
any action relating to employment, including, for
example, any of the following actions—
(a)
termination of employment;
(b)
reduction of classification
level and a consequential change of duties;
(c)
transfer or
redeployment;
(d)
forfeiture or deferment of a
remuneration increment or increase;
(e)
reduction of remuneration
level;
(f)
imposition of a monetary
penalty;
(g)
if a penalty is imposed, a
direction that the amount of the penalty be
deducted from the employee’s periodic remuneration
payments;
(h)
a reprimand.
(2)
However, disciplinary action
consisting of a monetary penalty can not be more than
the total of 2 of the employee’s periodic remuneration
payments.
(3)
Also, disciplinary action consisting
of an amount directed to be deducted from a particular
periodic remuneration payment of an employee—
(a)
must not be more than half
of the amount payable to or for the employee in
relation to the payment; and
(b)
must not reduce the amount
of salary payable to the employee in relation to
the period to less than—
(i)
if the employee has a
dependant—the Queensland minimum wage for each
week of the period; or
(ii)
otherwise—two-thirds of the
Queensland minimum wage for each week of the
period.
(4)
In this section—
Queensland minimum
wage see the Industrial Relations Act
2016, schedule 5.
Subdivision 2
Disciplinary action
against public sector employee
Note—
See section 86.
93
Disciplinary action against public sector employee
(1)
In disciplining a public sector
employee, the employee’s chief executive may take the
disciplinary action, or order the disciplinary action be
taken, against the employee that the chief executive
considers reasonable in the circumstances.
(2)
To remove any doubt, it is declared
that disciplinary action mentioned in section 92(1)(c) is not limited or
otherwise affected by chapter 4, part 4, division 3.
(3)
An order under subsection (1) is
binding on anyone affected by it.
94
Disciplinary action if public sector employee changes
employment to another public sector entity
(1)
This section applies if—
(a)
a public sector employee is
employed in a public sector entity (the former entity);
and
(b)
a disciplinary ground arises
in relation to the employee; and
(c)
after the disciplinary
ground arises the employee changes employment from
the former entity to another public sector entity
(the current entity).
(2)
The chief executive of the former
entity may—
(a)
make a disciplinary finding;
or
(b)
delegate to the chief
executive of the current entity the power under
paragraph (a) to make
a disciplinary finding.
(3)
Also, the chief executive of the
current entity is taken to have the power to make a
disciplinary finding if—
(a)
the former entity no longer
exists; or
(b)
the former entity no longer
has a chief executive; or
(c)
the chief executive of the
former entity and the chief executive of the
current entity are the same person.
(4)
If the chief executive of the former
entity makes a disciplinary finding under subsection (2)(a), in disciplining the
employee, the chief executive of the current entity may
take disciplinary action under section 93 against the
employee that the chief executive of the former entity
agrees is reasonable in the circumstances.
(5)
If the chief executive of the current
entity makes a disciplinary finding under subsection (2)(b) or (3), in disciplining the
employee, the chief executive of the current entity may
take disciplinary action under section 93 against the
employee.
(6)
The chief executive of the former
entity may give the chief executive of the current
entity information about the employee or a disciplinary
ground relating to the employee for the purpose of
helping the chief executive of the current entity
perform a function or exercise a power under this
section.
(7)
In this section—
changes employment
includes change employment by promotion, transfer,
secondment or redeployment.
Subdivision 3
Disciplinary action
against former public sector employee
95
Disciplinary declaration if employment as public sector
employee ends
(1)
This section applies if—
(a)
a person is employed in a
public sector entity (the former entity);
and
(b)
a disciplinary ground arises
in relation to the person; and
(c)
after the disciplinary
ground arises the person’s employment as a public
sector employee ends for any reason.
(2)
However, this section does not apply
in relation to a person who is a former public sector
employee if the person’s previous chief executive is
aware—
(a)
the person is a CCC
employee; and
(b)
the previous chief executive
or the chief executive officer of the Crime and
Corruption Commission has taken, is taking, or
intends to take disciplinary action against the
person, under the Crime and Corruption Act
2001, chapter 6, part 1, division 9, in relation to the
disciplinary ground.
(3)
The former public sector employee’s
previous chief executive may make a disciplinary finding
or take or continue to take disciplinary action against
the former public sector employee in relation to the
disciplinary ground.
(4)
The disciplinary finding or
disciplinary action must be made or taken within a
period of 2 years after the end of the employee’s
employment.
(5)
However, subsection (4) does not
stop disciplinary action being taken following an appeal
or review.
(6)
Subsection (4) does not
affect—
(a)
an investigation of a
suspected criminal offence; or
(b)
an investigation of a matter
for the purpose of notifying the Crime and
Corruption Commission of suspected corrupt conduct
under the Crime and Corruption Act
2001.
(7)
In disciplining the former public
sector employee, the former public sector employee’s
previous chief executive may make a disciplinary
declaration and may not take any other disciplinary
action.
(8)
The former public sector employee’s
previous chief executive may only make a disciplinary
declaration if the disciplinary action that would have
been taken against the employee if the employee’s
employment had not ended would have been—
(a)
termination of employment;
or
(b)
reduction of classification
level.
(9)
The making of the disciplinary
declaration does not affect the way in which the
employee’s employment ended, or any benefits, rights or
liabilities arising because the employment ended.
(10)
In this section—
disciplinary
declaration means a declaration
of—
(a)
the disciplinary finding
against the former public sector employee;
and
(b)
the disciplinary action that
would have been taken against the former public
sector employee if the employee’s employment had
not ended.
previous chief
executive, of a person, means the
person’s chief executive before the employment of
the person as a public sector employee ends for
any reason.
Subdivision 4
Disciplinary action
against CCC employee who becomes public sector employee
96
Disciplinary action if CCC employee becomes public sector
employee
(1)
This section applies if—
(a)
a person is engaged as a CCC
employee in the Crime and Corruption Commission
(the CCC); and
(b)
a relevant disciplinary
ground arises in relation to the person; and
(c)
after the relevant
disciplinary ground arises, the person stops being
engaged as a CCC employee in the CCC and is
employed as a public sector employee in a public
sector entity (the current entity).
(2)
However, this section does not apply
if the chief executive officer of the CCC has taken, is
taking, or intends to take, disciplinary action against
the person, under the Crime and Corruption Act
2001, chapter 6, part 1, division 9, in relation to the
relevant disciplinary ground.
(3)
The chief executive officer of the CCC
may—
(a)
make a disciplinary finding;
or
(b)
delegate to the chief
executive of the current entity the power under
paragraph (a) to make
a disciplinary finding.
(4)
If the chief executive officer of the
CCC makes a disciplinary finding under subsection (3)(a), in disciplining the
person, the chief executive of the current entity may
take disciplinary action under section 93 against the
person that the chief executive officer of the CCC
agrees is reasonable in the circumstances.
(5)
If the chief executive of the current
entity makes a disciplinary finding under subsection (3)(b), in disciplining the
person, the chief executive of the current entity may
take disciplinary action under section 93 against the
person.
(6)
The chief executive officer of the CCC
may give the chief executive of the current entity
information about the person or a relevant disciplinary
ground relating to the person for the purpose of helping
the chief executive of the current entity perform a
function or exercise a power under this section.
(7)
In this section—
(a)
a reference to a relevant
disciplinary ground for a person is a reference to
a disciplinary ground under the Crime and Corruption Act
2001, chapter 6, part 1, division 9 for the person;
and
(b)
a reference to a
disciplinary finding in relation to a relevant
disciplinary ground for a person is a reference to
a finding that a relevant disciplinary ground for
the person exists.
Subdivision 5
Procedure
97
Chief executive may ask another chief executive for
disciplinary information
(1)
The chief executive of a public sector
entity may ask the chief executive of another public
sector entity (the other chief executive)
for disciplinary information in the possession of the
other chief executive about a person who is or was a
public sector employee if the chief executive believes
the information is necessary to make a decision
about—
(a)
employment, or continuing
the employment, of the person as a public sector
employee in the entity; or
(b)
a disciplinary finding,
disciplinary action or a disciplinary declaration
the chief executive is considering in relation to
the person.
(2)
The other chief executive must give
the chief executive the disciplinary information unless
the other chief executive is satisfied that giving the
information may prejudice the investigation of a
suspected contravention of the law in a particular
case.
(3)
In this section—
disciplinary
information, in relation to a request
made of a chief executive about a person, means
information about any of the following made or
taken against the person under a public sector
disciplinary law by the chief executive or another
entity—
(a)
a finding that the person
should be disciplined;
(b)
possible disciplinary action
under consideration;
(c)
disciplinary action;
(d)
a disciplinary
declaration.
98
Procedure for disciplinary action
In disciplining a public sector employee
or former public sector employee under this Act, a chief
executive of a public sector entity must comply with this
Act and any relevant directive.
99
Notice of termination
(1)
If a public sector employee’s chief
executive decides to terminate the employment of the
employee under this division, the chief executive must
give the employee notice of the termination.
(2)
The notice must state the day the
termination takes effect.
100
Directive about
disciplinary action
(1)
The commissioner must make a directive
about—
(a)
managing disciplinary
action; and
(b)
procedures for investigating
the substance of a grievance or allegation
relating to a public sector employee’s work
performance or personal conduct.
(2)
The directive must make provision for
the following matters—
(a)
the periodic review by
public sector entities or the commissioner of
disciplinary action being considered or undertaken
by chief executives of public sector entities,
including, for example, the period within which
reviews must be conducted to ensure the timely
resolution of disciplinary matters;
(b)
how the requirements of
procedural fairness may be met in relation to
decisions about disciplinary matters, including,
for example, requirements about providing reasons
for decisions about taking disciplinary
action;
(c)
the circumstances in which a
contravention of a relevant standard of conduct
under section 91(1)(h) is likely to be
considered sufficiently serious to warrant
disciplinary action;
(d)
any other matter relating to
disciplinary action against public sector
employees the commissioner considers
appropriate.
Division 4
Suspension
101
Suspension
(1)
A public sector employee’s chief executive
may, by notice, suspend the employee from duty if the chief
executive reasonably believes—
(a)
the employee is liable to
discipline under a disciplinary law; or
(b)
the proper and efficient
management of the entity might be prejudiced if
the employee is not suspended.
(2)
The notice must state—
(a)
when the suspension starts and
ends; and
(b)
whether the employee is
entitled to remuneration for the period of the
suspension; and
(c)
the effect that alternative
employment may, under subsection (5), have
on any entitlement to remuneration for the period
of the suspension.
(3)
However, before suspending the employee,
the chief executive must consider all reasonable
alternatives available to the employee.
Examples of
reasonable alternatives which may be available to the
employee—
•
alternative duties
•
a change in the location
where the employee performs duties
•
another alternative working
arrangement
(4)
The employee is entitled to normal
remuneration for the period of the suspension, unless—
(a)
the employee is suspended
under subsection (1)(a); and
(b)
the employee’s chief executive
considers it is not appropriate for the employee
to be entitled to normal remuneration for the
period of the suspension, having regard to the
nature of the discipline to which the chief
executive believes the employee is liable.
(5)
If the employee is entitled to normal
remuneration for the period of the suspension, any amount
earned by the employee from engaging in alternative
employment during the period of the suspension must be
deducted from the employee’s normal remuneration,
unless—
(a)
the employee was engaged in
the employment at the time of the suspension;
and
(b)
the employee, in engaging in
the employment, was not contravening—
(i)
this Act; or
(ii)
a standard of conduct
applying to the employee under an approved code of
conduct or approved standard of practice under the
Public Sector Ethics Act
1994.
(6)
The deduction under subsection (5) must not be
more than the amount of the employee’s normal remuneration
during the period of the suspension.
(7)
The continuity of the employee’s service
as a public sector employee is taken not to have been broken
only because of the suspension.
(8)
The chief executive may cancel the
suspension at any time.
(9)
In suspending a public sector employee
under this section, the chief executive must comply with the
directive made under section 102.
(10)
Procedural fairness is not required if the
employee is entitled to normal remuneration during the
suspension.
102
Directive about suspension
(1)
The commissioner must make a directive
about procedures relating to suspension from duty of public
sector employees.
(2)
The directive must make provision for the
following matters—
(a)
the periodic review by public
sector entities or the commissioner of suspensions
being considered or undertaken by a chief
executive of a public sector entity, including,
for example, the period within which reviews must
be conducted to ensure the timely resolution of
suspension matters;
(b)
how the requirements of
procedural fairness may be met in relation to
decisions about suspensions, including, for
example, requirements about providing reasons for
decisions about suspensions;
(c)
the circumstances in which a
chief executive of a public sector entity may,
under section 101(4)(b), decide a public sector
employee is not entitled to normal remuneration
for the period of the suspension of the
employee;
(d)
any other matter about
procedures relating to suspension from duty of
public sector employees the chief executive
considers appropriate.
(3)
The directive may make provision for the
circumstances, and the way, in which a person may be
reimbursed after a decision is made about whether or not the
employee is liable for discipline for any remuneration the
person does not receive during the person’s
suspension.
Division 5
Mental or physical
incapacity
103
Application of division
This division applies to a public sector
employee if—
(a)
the employee is absent from duty
or the employee’s chief executive is reasonably
satisfied the employee is not performing the
employee’s duties satisfactorily; and
(b)
the chief executive reasonably
suspects that the employee’s absence or
unsatisfactory performance is caused by mental or
physical illness or disability.
104
Chief executive may require medical examination
The employee’s chief executive may—
(a)
appoint a doctor to examine the
employee and give the chief executive a written
report on the examination; and
(b)
require the employee to submit to
the medical examination.
105
Employee not to be given sick leave if requirement not complied
with
The employee must not be given sick leave for
any period during which the employee fails to comply with a
requirement under section 104(b).
106
Medical examination report
(1)
The report on the medical examination must
include the examining doctor’s opinion as to whether the
employee has a mental or physical illness or disability that
may adversely affect the employee’s performance.
(2)
If the doctor considers the employee has
an illness or disability mentioned in subsection (1), the report
must also include the doctor’s opinion as to the
following—
(a)
the likely direct or indirect
effect of the illness or disability on the
employee’s performance;
(b)
an estimate of how long the
illness or disability or its effects are likely to
last;
(c)
whether or not disclosing the
information in the report to the employee might be
prejudicial to the employee’s mental or physical
health or wellbeing.
(3)
If the doctor’s opinion is that the
disclosure will not be prejudicial to the employee’s mental
or physical health or wellbeing, the chief executive must
give the employee a copy of the report as soon as
practicable after receiving the report.
(4)
If the doctor’s opinion is that the
disclosure might be prejudicial to the employee’s mental or
physical health or wellbeing, the chief executive must not
disclose the contents of the report to the employee.
(5)
However, if asked by the employee in
writing, the chief executive must make the disclosure to
another doctor nominated by the employee in the
request.
107
Action following report
(1)
If, after considering the report of the
medical examination, the chief executive is reasonably
satisfied the employee’s absence or unsatisfactory
performance is caused by mental or physical illness or
disability, the chief executive may—
(a)
transfer or redeploy the
employee; or
(b)
if it is not reasonably
practicable to transfer or redeploy the
employee—
(i)
for a public service
employee—retire the employee from the public
service; or
(ii)
for a public sector employee
mentioned in section 12(1)(b)—retire the employee
from the employee’s employment.
(2)
Subsection (1) does not
limit the action that may be taken relating to the
employee.
108
Record of requirement and report
(1)
The chief executive must keep a record
of—
(a)
the requirement to submit to a
medical examination; and
(b)
the report on the medical
examination.
(2)
If the chief executive considers it
necessary to protect the employee’s interests, the chief
executive may keep the record separate from other records
about the employee.
109
Directive about mental or physical incapacity
(1)
The commissioner may make a directive
providing for matters relevant to the way in which this
division is to be applied in relation to public sector
employees.
(2)
The chief executive of a public sector
entity exercising a power or performing a function under
this division must comply with the directive.
Division 6
Employee
grievances
110
Directive about employee grievances
(1)
The commissioner must make a directive
about how public sector entities must deal with grievances
of employees of the entity about—
(a)
decisions made by employees of
the entity; or
(b)
the conduct of employees of
the entity.
(2)
Without limiting subsection (1), the
directive—
(a)
must provide for—
(i)
the procedures for dealing
with grievances mentioned in subsection (1);
and
(ii)
the period within which the
grievances must be finally dealt with; and
(iii)
the notification of
decisions made in dealing with the grievances;
and
(b)
must provide that, if a person
required to deal with a grievance about a decision
mentioned in subsection (1)(a) fails to finally deal
with the grievance within the period mentioned in
paragraph (a)(ii), the person is taken
to have confirmed the decision at the end of that
period; and
(c)
may apply to a decision
mentioned in section 131; and
(d)
may provide for a system for
dealing with grievances that involves—
(i)
a person dealing with a
grievance in the first instance; and
(ii)
another person dealing with
decisions made by a person mentioned in subparagraph (i),
including, for example, by way of review.
Part 9
Reviews
Division 1
Review of non-permanent
employment
111
Definition for division
In this division—
continuously employed,
in relation to a person employed for a period in a
public sector entity, means the person is employed in
the entity—
(a)
if the person is employed on
a non-permanent basis other than a casual basis
during the period—continuously for the period;
or
(b)
if the person is employed on
a non-permanent basis that is a casual basis
during the period—on a regular and systematic
basis during the period; or
(c)
if the person is employed on
a non-permanent basis other than a casual basis,
and on a casual basis, during the
period—continuously under paragraphs (a) and
(b) for the period.
112
Application of division
(1)
This division applies to the following
public sector employees—
(a)
a public service employee
employed on a non-permanent basis under section 149(2)(b) or (c), 150(1)(a) or 151(1)(a); or
(b)
a public sector employee
mentioned in section 12(1)(b) employed on a
non-permanent basis.
(2)
However, this division does not apply
to—
(a)
a non-industrial instrument
employee; or
(b)
an auxiliary fire service
officer employed under the Fire and Emergency Services Act
1990, section 25.
(3)
Also, if the chief executive of a public
sector employee mentioned in subsection (1)(b) is permitted or required to
offer to convert the employee’s employment to a permanent
basis under this division, despite anything in another Act,
the employee may be employed on a permanent basis.
113
Employee may request review of status after 1 year of continuous
employment
(1)
A public sector employee who has been
continuously employed on a non-permanent basis in the same
public sector entity for at least 1 year, may ask the
employee’s chief executive to decide whether to—
(a)
continue the employee’s
employment according to the terms of the
employee’s existing employment; or
(b)
offer to convert the
employee’s employment to a permanent basis.
(2)
The employee can not make more than 1
request under subsection (1) in each 12
month period starting on the day the request is made.
(3)
For working out how long the employee has
been continuously employed in the public sector
entity—
(a)
all periods of authorised
leave are to be included; and
(b)
the employee is to be regarded
as continuously employed even if there are periods
during which the employee is not employed in the
entity, if the periods of non-employment in the
entity total 6 weeks or less in the year occurring
immediately before the time when the duration of
the employee’s continuous employment is being
worked out.
114
Chief executive must make decision on employee’s request
(1)
This section applies if a public sector
employee makes a request under section 113.
(2)
The employee’s chief executive must decide
the request within 28 days after receiving the
request.
(3)
The employee’s chief executive may decide
to offer to convert the employee’s employment to a permanent
basis only if—
(a)
the employee’s chief executive
considers—
(i)
there is a continuing need
for someone to be employed in the employee’s role,
or a role that is substantially the same as the
employee’s role; and
(ii)
the employee is suitable to
perform the role; and
(b)
any requirements of an
industrial instrument are complied with in
relation to the decision.
(4)
If the matters in subsection (3) are
satisfied, the employee’s chief executive must decide to
offer to convert the employee’s employment to a permanent
basis, unless it is not viable or appropriate to do so
having regard to the genuine operational requirements of the
public sector entity.
(5)
If the employee’s chief executive decides
not to offer to convert the employee’s employment to a
permanent basis, the chief executive must give the employee
a notice stating—
(a)
the reasons for the decision;
and
(b)
the total period for which the
employee has been continuously employed under
section 113(3) in the public sector
entity; and
(c)
how many times the employee’s
employment on a non-permanent basis has been
extended.
(6)
Subsection (5)(c) does not apply in relation to
employment on a casual basis.
(7)
If the employee’s chief executive does not
make the decision within the period required under subsection (2), the chief
executive is taken to have decided not to offer to convert
the employee’s employment to a permanent basis and to
continue the employee’s employment according to the terms of
the employee’s existing employment.
(8)
The commissioner must make a directive
about the making of a decision under this section.
(9)
In this section—
suitable, in relation
to an employee performing a role, has the meaning
given under a directive.
115
Chief executive must review status after 2 years of continuous
employment
(1)
If a public sector employee mentioned in
section 112(1) has been continuously
employed in the same public sector entity for at least 2
years, the employee’s chief executive must decide whether
to—
(a)
continue the employee’s
employment according to the terms of the
employee’s existing employment; or
(b)
offer to convert the
employee’s employment to a permanent basis.
(2)
The employee’s chief executive must make
the decision within the required period after—
(a)
the end of 2 years after the
employee has been continuously employed on a
non-permanent basis in the public sector entity;
and
(b)
each 1-year period after the
end of the period mentioned in paragraph (a) during
which the employee is continuously employed on a
non-permanent basis in the public sector
entity.
(3)
In making the decision—
(a)
section 114(3) and (4) applies to the
employee’s chief executive; and
(b)
the employee’s chief executive
must have regard to the reasons for each decision
previously made, or taken to have been made, under
this section or section 114 in
relation to the employee during the employee’s
period of continuous employment.
(4)
If the employee’s chief executive decides
not to offer to convert the employee’s employment to a
permanent basis, the chief executive must give the employee
a notice stating—
(a)
the reasons for the decision;
and
(b)
the total period for which the
employee has been continuously employed on a
temporary basis for a fixed term or on a casual
basis in the public sector entity; and
(c)
how many times the employee’s
employment on a non-permanent basis has been
extended; and
(d)
each decision previously made,
or taken to have been made, under this section or
section 114 in
relation to the employee during the employee’s
period of continuous employment.
(5)
Subsection (4)(c) does not apply in relation to
employment on a casual basis.
(6)
If the employee’s chief executive does not
make the decision within the required period, the chief
executive is taken to have decided not to offer to convert
the employee’s employment to a permanent basis and to
continue the employee’s employment according to the terms of
the employee’s existing employment.
(7)
For working out how long the employee has
been continuously employed in the public sector
entity—
(a)
all periods of authorised
leave are to be included; and
(b)
the employee is to be regarded
as continuously employed even if there are periods
during which the employee is not employed in the
entity, if the periods of non-employment in the
entity total 12 weeks or less in the 2 years
occurring immediately before the time when the
duration of the person’s continuous employment is
being worked out.
(8)
The commissioner must make a directive
about the making of a decision under this section.
(9)
The directive must provide for—
(a)
the matters a chief executive
must consider in deciding the hours of work to be
offered in converting a person’s employment under
subsection (1)(b); and
(b)
the circumstances in which a
person may appeal against the decision about the
hours of work offered in converting the person’s
employment under subsection (1)(b).
(10)
This section does not limit or otherwise
affect section 113.
(11)
In this section—
required period, for
making a decision under subsection (1),
means—
(a)
the period stated in an
industrial instrument within which the decision
must be made; or
(b)
if paragraph (a) does not
apply—28 days after the end of the period
mentioned in subsection (2)(a) or (b).
116
Employee’s right to make additional request for review
(1)
This section applies in relation to a
public sector employee mentioned in section 113(1) if—
(a)
both of the following
apply—
(i)
the employee’s chief
executive has decided under section 114 or 115 not to offer to convert
the employee’s employment to a permanent basis
because the chief executive considered the
employee was not suitable to perform the
role;
(ii)
the employee considers the
employee may have become suitable to perform the
role; or
(b)
both of the following
apply—
(i)
the employee’s chief
executive is taken to have made a decision under
section 114(7) or 115(6) not to offer to convert
the employee’s employment to a permanent
basis;
(ii)
the employee has not
appealed against the decision under section 130.
(2)
The public sector employee may ask the
employee’s chief executive to decide whether to—
(a)
continue the employee’s
employment according to the terms of the
employee’s existing employment; or
(b)
offer to convert the
employee’s employment to a permanent basis.
(3)
The public sector employee must make the
request—
(a)
for subsection (1)(a)—within 3 months after
the employee considers the employee may have
become suitable to perform the role; or
(b)
for subsection (1)(b)—within 3 months after
the chief executive is taken to have made the
decision mentioned in subsection (1)(b)(i).
(4)
The employee’s chief executive must decide
the request within 28 days after receiving the
request.
(5)
In making the decision—
(a)
if the decision relates to a
request arising from a decision under section 114—section 114(3), (4), (5) and (6) applies to the
employee’s chief executive; and
(b)
if the decision relates to a
request arising from a decision under section 115—section 115(3), (4) and (5) applies to the
employee’s chief executive.
(6)
If the employee’s chief executive does not
make the decision within the period required under subsection (4), the chief
executive is taken to have decided not to offer to convert
the employee’s employment to a permanent basis and to
continue the employee’s employment according to the terms of
the employee’s existing employment.
(7)
The employee may make only 1 request under
this section in relation to each separate decision made, or
taken to have been made, under section 114 or 115.
(8)
The commissioner must make a directive
about the making of a decision under this section.
117
Chief executive’s discretion to conduct additional review
(1)
This section applies in relation to a
public sector employee mentioned in section 115(1) if the employee’s chief
executive—
(a)
has made a decision under
section 115(2) not to offer to convert
the employee’s employment to a permanent basis;
and
(b)
considers the circumstances
justify the making of another decision mentioned
in section 115(1) before the start of the
next 1-year period mentioned in section 115(2)(b).
(2)
The employee’s chief executive must decide
whether to—
(a)
continue the employee’s
employment according to the terms of the
employee’s existing employment; or
(b)
offer to convert the
employee’s employment to a permanent basis.
(3)
The employee’s chief executive must make
the decision within 28 days after forming the opinion
mentioned in subsection (1)(b).
(4)
In making the decision, section 115(3), (4), (5), and (7) applies to the
employee’s chief executive.
(5)
If the employee’s chief executive does not
make the decision within the period required under subsection (3), the chief
executive is taken to have decided not to offer to convert
the employee’s employment to a permanent basis and to
continue the employee’s employment according to the terms of
the employee’s existing employment.
Division 2
Review of acting or
secondment at higher classification level
118
Definition for division
In this division—
second, a public sector
employee, means second under section 160 or another
Act.
119
Application of division
(1)
This division applies to a public sector
employee who is acting at, or seconded to, a higher
classification level in the public sector entity in which
the employee is employed.
(2)
However, this division does not apply
to—
(a)
a public sector employee
employed on a casual basis; or
Note—
For a public service
employee, see sections 149(2)(c) and 151.
(b)
a non-industrial instrument
employee; or
(c)
an employee who is acting in,
or seconded to, a position that is ordinarily held
by a non-industrial instrument employee.
120
Employee may request employment at higher classification level
after 1 year of continuous acting or secondment
(1)
If the public sector employee has been
acting at, or seconded to, a higher classification level for
a continuous period of at least 1 year, the employee may ask
the employee’s chief executive to employ the employee in the
position at the higher classification level on a permanent
basis, after—
(a)
the end of 1 year of acting
at, or being seconded to, the higher
classification level; and
(b)
the end of each subsequent
1-year period.
(2)
The employee’s chief executive must decide
the request within the required period.
(3)
The employee’s chief executive may decide
to employ the employee in the position at the higher
classification level on a permanent basis only if the chief
executive considers the employee is suitable to perform the
role.
(4)
In making the decision, the employee’s
chief executive must have regard to—
(a)
the genuine operational
requirements of the public sector entity;
and
(b)
the reasons for each decision
previously made, or taken to have been made, under
this section in relation to the person during the
person’s continuous period of acting at, or
secondment to, the higher classification
level.
(5)
If the employee’s chief executive decides
to refuse the request, the chief executive must give the
employee a notice stating—
(a)
the reasons for the decision;
and
(b)
the total continuous period
for which the employee has been acting at, or
seconded to, the higher classification level in
the public sector entity; and
(c)
how many times the employee’s
acting arrangement or secondment has been
extended; and
(d)
each decision previously made,
or taken to have been made, under this section in
relation to the employee during the employee’s
continuous period of acting at, or secondment to,
the higher classification level.
(6)
If the employee’s chief executive does not
make the decision within the required period, the chief
executive is taken to have refused the request.
(7)
The commissioner must make a directive
about employing an employee at a higher classification level
under this section.
(8)
In this section—
continuous period, in
relation to an employee acting at, or seconded to, a
higher classification level, has the meaning given
under a directive.
required period, for
making a decision under subsection (2),
means—
(a)
the period stated in an
industrial instrument within which the decision
must be made; or
(b)
if paragraph (a) does not
apply—28 days after the request is made.
suitable, in relation
to an employee performing a role, has the meaning
given under a directive.
121
Employee’s right to make additional request for review
(1)
This section applies in relation to a
public sector employee mentioned in section 120(1) if—
(a)
both of the following
apply—
(i)
the employee’s chief
executive has decided under section 120 not to
employ the employee in the position at the higher
classification level on a permanent basis because
the chief executive considered the employee was
not suitable to perform the role;
(ii)
the employee considers the
employee may have become suitable to perform the
role; or
(b)
both of the following
apply—
(i)
the employee’s chief
executive is taken, under section 120(6), to have refused the
employee’s request to be employed in the position
at the higher classification level on a permanent
basis;
(ii)
the employee has not
appealed against the decision under section 130; or
(c)
the position in which the
employee is acting, or to which the employee is
seconded, at the higher classification level
becomes vacant.
(2)
The public sector employee may ask the
employee’s chief executive to employ the employee in the
position at the higher classification level on a permanent
basis.
(3)
The public sector employee must make the
request—
(a)
for subsection (1)(a)—within 3 months after
the employee first considers the employee may have
become suitable to perform the role; or
(b)
for subsection (1)(b)—within 3 months after
the chief executive is taken to have refused the
employee’s request as mentioned in subsection (1)(b)(i); or
(c)
for subsection (1)(c)—within 3 months after
the position becomes vacant.
(4)
The employee’s chief executive must decide
the request within 28 days after receiving the
request.
(5)
In making the decision, section 120(3), (4) and (5) applies to the employee’s
chief executive.
(6)
If the employee’s chief executive does not
make the decision within the period required under subsection (4), the chief
executive is taken to have refused the request.
(7)
The employee may make only 1 request under
this section in relation to each separate decision made, or
taken to have been made, under section 120.
(8)
The commissioner must make a directive
about the making of a decision under this section.
Division 3
Review of work performance
matters
122
Definitions for division
In this division—
public sector employee
includes a person who was a public sector
employee.
work performance information
directive means a directive under which a
department must give the commission information about
work performance matters that are being, or have been,
handled by the department.
work performance matter
means a matter involving a public sector 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.
123
Commission may conduct review of public sector entity’s handling of
work performance matters
(1)
This section applies if, on the basis of
information received under a work performance information
directive, the commissioner considers it may be beneficial
to conduct a review to promote—
(a)
the continuous improvement of
a public sector entity’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—
(i)
1 or more work performance
matters that have been handled by the entity;
or
(ii)
a current work performance
matter; and
(b)
give the chief executive of
the entity a report about the review.
(3)
A report under 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
entity’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.
(4)
A function of the commission under this
section must be performed—
(a)
by the commissioner; or
(b)
for the commissioner by—
(i)
a staff member of the
commission to whom the function is delegated under
section 283(1); or
(ii)
an appropriately qualified
entity to whom the function is delegated under
section 283(2).
(5)
In this section—
current work performance
matter means a work performance matter
being handled by the public sector entity when the
commissioner forms the view mentioned in subsection (1)(b).
124
Commission may conduct review of procedural aspect of public sector
entity’s handling of current work performance matters
(1)
This section applies if a public sector
employee’s chief executive implements a procedure under a
directive about suspension or discipline in relation to the
employee for a current work performance matter.
(2)
However, this section does not apply if
the matter relates to personal conduct that would, if
proved, constitute corrupt conduct under the Crime and Corruption Act
2001, section 15.
(3)
The employee may ask the commission to
conduct a review of a procedural aspect of the entity’s
handling of the matter.
(4)
However, the employee may make the request
under subsection (3) only if the
employee has complied, to the extent possible, with any
procedures applying to the employee under a directive about
suspension or discipline in relation to the matter.
(5)
On receiving the request, the commission
may—
(a)
conduct a review of a
procedural aspect of the matter; and
(b)
give the chief executive of
the entity a report about the review that includes
any recommendations and directions about how any
defects in the procedural aspects are to be
rectified.
(6)
The chief executive of the entity must
comply with a direction given in a report under subsection (5)(b) to the extent possible,
unless—
(a)
before the report is given to
the chief executive, a decision is made in
relation to the matter; and
(b)
the employee has a right to
appeal against the decision under part 10.
(7)
A function of the commission under this
section must be performed—
(a)
by the commissioner; or
(b)
for the commissioner by a
staff member of the commission to whom the
function is delegated under section 283(1); or
(c)
if the function is the giving
of a report under subsection (5)(b) that does not include a
direction by the commission—by another
appropriately qualified entity to whom the
function of giving the report is delegated under
section 283(2).
(8)
In this section—
current work performance
matter means a work performance matter
being handled by the public sector entity when the
employee makes the request under subsection (3).
procedural aspect, of
a current work performance matter, means an aspect
of the matter relating to compliance with—
(a)
a procedure under a
directive applying to the matter; or
(b)
the requirements of
procedural fairness.
125
Chief executive of public sector entity must provide help for
review
(1)
This section applies if the commissioner
or another person or entity mentioned in section 123(4)(b) (each a reviewer) conducts a review
relating to a public sector entity under this
division.
(2)
The chief executive of the public sector
entity must give the reviewer the help the reviewer
reasonably requires to conduct the review.
(3)
The reviewer may ask the chief executive
of the public sector entity for information or a document
that may be relevant to the review.
(4)
The chief executive of the public sector
entity must comply with a request under subsection (3).
126
Exchange of information with external agency
(1)
The commissioner may enter into an
agreement (an information exchange
agreement) with the chief executive officer of
an external agency to obtain and give information for the
purpose of a review under section 123.
(2)
The information exchange agreement may
enable the commissioner to—
(a)
obtain relevant information
from the external agency; and
(b)
with the consent of the chief
executive of the public sector entity to which the
review relates, give relevant information to the
external agency.
(3)
Also, to help the commissioner perform the
commissioner’s functions or exercise the commissioner’s
powers under this division, the commissioner 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 by
regulation as an external agency for this
definition.
relevant information
means information about or relevant to—
(a)
a review of a current work
performance matter under section 123; or
(b)
an investigation, inquiry or
other activity of an external agency relating to
the conduct of a public sector employee that is
the subject of a review of a current work
performance matter under section 123.
127
Protection from liability for giving information
(1)
This section applies to a person who,
acting honestly and reasonably, gives information under this
division.
(2)
The person is not liable, civilly,
criminally or under an administrative process, for giving
the information.
(3)
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.
(4)
Without limiting subsection (2) or (3)—
(a)
in a proceeding for
defamation, the person has a defence of absolute
privilege for publishing the information;
and
(b)
if the person would otherwise
be required to maintain confidentiality about the
information under an Act, oath or rule of law or
practice, the person—
(i)
does not contravene the
Act, oath or rule of law or practice by
giving the information; and
(ii)
is not liable to
disciplinary action for giving the
information.
128
Publication of information about work performance matters
(1)
The commission must publish the following
information for each financial year in a publicly accessible
way—
(a)
the number of work performance
matters handled by each prescribed entity in the
year;
(b)
the types of work performance
matters handled by each prescribed entity in the
year;
(c)
information about how work
performance matters were handled by each
prescribed entity 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)
The information must be published on or
before 30 September after the financial year.
(3)
This section applies only in relation to
information the commission receives under a work performance
information directive or to which the commission otherwise
has access.
(4)
In this section—
prescribed entity
means—
(a)
a department; or
(b)
another public sector entity
prescribed by directive for this definition.
Part 10
Appeals
Division 1
Preliminary
129
Definitions for part
In this part—
conversion decision
means a decision—
(a)
under section 115 not to
convert the employment of a public sector employee
mentioned in section 112 to a
permanent basis; or
(b)
under section 115 to convert
the employment of a public sector employee
mentioned in section 112 to a
permanent basis in circumstances provided for
under a directive made under section 115(8) about the hours of work
offered when offering to convert the employment
basis to a permanent basis; or
(c)
under section 116 not to
convert the employment of a public sector employee
mentioned in section 113(1) to a permanent basis,
if the employee’s right to make the additional
request for review under section 116 arose from
a decision under section 115; or
(d)
under section 116 to convert
the employment of a public sector employee
mentioned in section 113(1) to a permanent basis in
circumstances provided for under a directive made
under section 115(8) about the hours of work
offered when offering to convert the employment
basis to a permanent basis, if the employee’s
right to make the additional request for review
under section 116 arose from
a decision under section 115; or
(e)
under section 120 or 121 not to employ a public
sector employee at a higher classification level,
if the employee had been acting at, or seconded
to, the higher classification level for a
continuous period, as defined for the employee in
a directive made under section 120(7), of at least 2
years.
directive decision means
a decision to take, or not to take, action under a
directive.
disciplinary decision
means a decision under a disciplinary law to
discipline—
(a)
a person (other than by
termination of employment), including the action
taken in disciplining the person; or
(b)
a former public sector
employee by way of a disciplinary declaration made
under section 95, including
if the disciplinary action that would have been
taken was termination of employment.
fair treatment decision
means a decision a public sector employee believes is
unfair and unreasonable.
promotion decision means
a decision to promote a public sector employee employed
on a permanent basis.
suspension without pay
decision means a decision to suspend a
public sector employee under section 101 without
entitlement to normal remuneration.
transfer decision means
a decision to transfer—
(a)
a public service officer;
or
(b)
a public sector employee, if
a regulation has prescribed that the following
provisions apply to the employee, without or
without modification—
(i)
chapter 4, part 4, division 3; and
(ii)
this part, in relation to a
decision under chapter 4, part 4, division 3.
work performance direction
decision means a decision of the
commissioner under section 124(5)(b) to give a direction about
rectifying a defect in the procedural aspects of the
handling of a work performance matter, to the extent the
direction affects the employee the subject of the work
performance matter.
Division 2
Right of appeal
130
Appeals
A person may appeal against a decision
if—
(a)
an appeal may be made against the
decision under section 131; and
(b)
the person is entitled to appeal
against the decision under section 133.
131
Decisions against which appeals may be made
(1)
An appeal may be made against the
following decisions—
(a)
a conversion decision;
(b)
a directive decision;
(c)
a disciplinary decision;
(d)
a fair treatment
decision;
(e)
a promotion decision;
(f)
a suspension without pay
decision;
(g)
a transfer decision;
(h)
a work performance direction
decision;
(i)
a decision about anything else
against which another Act allows a person to
appeal.
(2)
However, if an appeal may be made under
this section against a decision, other than under subsection (1)(d), the appeal can not be made
under subsection (1)(d).
(3)
This section is subject to section 132.
132
Decisions against which appeals can not be made
(1)
A person can not appeal against any of the
following decisions—
(a)
a decision of the Governor in
Council;
(b)
a decision of a
Minister;
(c)
a decision about
superannuation benefits or workers’
compensation;
(d)
a decision about
probation;
(e)
a decision to terminate the
employment of a person, including, for example, a
person employed on probation;
(f)
a decision about the
classification level of employment, unless the
decision is declared under a directive to be a
decision against which an appeal may be
made;
(g)
a decision to promote,
transfer, redeploy or second a person as a chief
executive, a senior executive or a senior
officer;
(h)
a decision to promote,
transfer, redeploy or second a public sector
executive, unless the decision is declared under a
directive to be a decision against which an appeal
may be made;
(i)
a decision of the commissioner
relating to reviewing a procedural aspect of the
handling by a public sector entity of a work
performance matter at the request of an employee
under section 124, other
than to the extent allowed under section 131(1)(h);
(j)
a decision under section 114 not to
convert the employment of a public sector employee
to a permanent basis;
(k)
a decision under section 120 not to
appoint a public sector employee to a position at
a higher classification level, if the employee has
been acting at, or seconded to, the higher
classification level for less than 2 years;
(l)
a non-appealable
appointment.
(2)
A person can not appeal against, or in an
appeal call in question in any way, a decision that decides
the policy, strategy, nature, scope, resourcing or direction
of the public sector or the public service or a public
sector entity.
(3)
A person can not appeal against a
promotion decision if—
(a)
the person employed under the
promotion decision had been redeployed within 1
year before the promotion; and
(b)
the promotion is to a
classification level that is not higher than the
classification level of the person employed under
the promotion decision immediately before the
redeployment.
(4)
A person can not appeal against a fair
treatment decision—
(a)
made under chapter 3, part 8, division 5; or
(b)
made under chapter 3, part 8, division 3, other than
a finding under section 91 that a
disciplinary ground exists for the person;
or
(c)
relating to the recruitment or
selection of a public sector employee; or
(d)
relating to a person’s work
performance, other than a decision about the
person’s work performance that is recorded in a
formal way as part of a periodic performance
review; or
Example for paragraph (d)—
a decision about performance
recorded in a person’s performance development
agreement as part of the person’s 6-monthly or
annual performance review
(e)
relating to the resolution of
a grievance under an industrial instrument, other
than a decision about the outcome of the
grievance; or
(f)
relating to the development or
performance management of a chief executive or
senior executive.
(5)
In this section—
non-appealable
appointment means an appointment or
employment—
(a)
for which the commissioner
is satisfied the principles mentioned in section 44 are
sufficiently protected by ways other than an
appeal under this part; and
(b)
that the commissioner has
declared by gazette notice, or a directive, to be
an appointment or employment against which an
appeal may not be made.
133
Who may appeal
The following persons may appeal against the
following decisions—
(a)
for a conversion decision—the
public sector employee the subject of the
decision;
(b)
for a directive decision—a public
sector employee aggrieved by the decision if the
employee is entitled to appeal under a
directive;
(c)
for a disciplinary decision—a
public sector employee or former public sector
employee aggrieved by the decision if the employee
is entitled to appeal under a directive;
(d)
for a fair treatment decision—a
public sector employee aggrieved by the
decision;
(e)
for a promotion decision—a public
sector employee employed on a permanent basis who is
aggrieved by the decision and is entitled to appeal
under a directive;
(f)
for a suspension without pay
decision—the public sector employee the subject of
the decision;
(g)
for a transfer decision—the public
service officer or public sector employee the
subject of the decision;
(h)
for a work performance direction
decision—the public sector employee the subject of
the work performance matter;
(i)
for a decision mentioned in
section 131(1)(i)—a person the other Act
allows to appeal.
Division 3
Hearing of appeal
134
Appeal to IRC
An appeal under this part is to be heard and
decided under the Industrial Relations Act 2016, chapter 11 by the IRC.
135
Attendance at appeal part of employee’s duties
Attendance at an appeal proceeding is part of
a public sector employee’s duties if the employee—
(a)
is a party to the appeal; or
(b)
is requested or required by the
IRC to attend the proceeding.
Note—
This section has no relevance to an
appeal against a disciplinary declaration.
136
Employee’s entitlements for attending appeal
(1)
A public sector employee is entitled to be
paid travelling expenses and allowances reasonably incurred
in attending an appeal proceeding as part of the employee’s
duties.
(2)
The amount of the expenses and allowances
is to be decided by the commissioner.
(3)
However, this section does not apply to a
public sector employee who is the appellant and is suspended
from duty without pay, unless the employee’s appeal is
allowed.
Note—
This section has no relevance to an appeal
against a disciplinary declaration.
137
Expenses of persons other than public sector employees
(1)
This section applies if the IRC asks a
person, other than a public sector employee, to attend an
appeal proceeding.
(2)
The person is entitled to be reimbursed
for any expenses reasonably incurred by the person in
attending the proceeding.
(3)
The amount of the expenses is to be
decided by the commissioner.
(4)
This section does not apply to a person
who is appealing against a disciplinary declaration.
138
Public sector entity must pay costs of appeal and
expenses
(1)
The public sector entity whose decision is
appealed against must pay—
(a)
the costs of the appeal,
including the IRC’s costs incurred for, or
attributable to, the appeal; and
(b)
the travelling expenses and
allowances payable under section 136; and
(c)
the amount of any expenses
required to be reimbursed under section 137.
(2)
An amount payable for costs under subsection (1)(a) is the amount, not more than
the actual costs, the commissioner considers
reasonable.
(3)
The chief executive of the public sector
entity must ensure subsection (1) is complied
with as soon as practicable.
Division 4
Exclusion of particular
matters from other Acts
139
Definition for division
In this division—
excluded matter see
section 140(1).
140
Application of division
(1)
This division applies to the following
matters (each an excluded matter)—
(a)
a decision to appoint or
employ, or not to appoint or employ, a person
under this Act or as a statutory office holder;
or
(b)
the contract of employment of,
or the application of this Act or a provision of
this Act to, any of the following—
(i)
a commissioner;
(ii)
a chief executive;
(iii)
a senior executive;
(iv)
a senior officer;
(v)
a special
commissioner;
(vi)
another public service
officer whose employment is on contract for a
fixed term.
(2)
In this section—
statutory office means
an office to which a person may be appointed under
an Act only by the Governor in Council or a
Minister.
141
Excluded matters not industrial matters
(1)
An excluded matter, or a matter affecting
or relating to an excluded matter, is not an industrial
matter for the Industrial Relations Act
2016.
(2)
However, subsection (1)—
(a)
is subject to section 155(6); and
(b)
does not apply for a dismissal
of a public service officer who is employed on a
permanent basis; and
(c)
has no effect on the Industrial Relations Act
2016, section 471.
(3)
Without limiting subsection (1), an
industrial instrument does not apply to a person who holds
an office mentioned in section 140(1)(b).
(4)
In this section—
industrial matter see
the Industrial Relations Act
2016, section 9.
142
Decisions about excluded matters final
(1)
Unless the Supreme Court decides a
decision about an excluded matter is affected by
jurisdictional error, the decision—
(a)
is final and conclusive;
and
(b)
can not be challenged,
appealed against, reviewed, quashed, set aside or
called in question in any other way under the
Judicial Review Act
1991 or otherwise (whether by the
Supreme Court, another court, a tribunal or
another entity); and
(c)
is not subject to any
declaratory, injunctive or other order of the
Supreme Court, another court, a tribunal or
another entity on any ground.
(2)
However, subsection (1) does not
apply to a decision about an excluded matter relating to a
senior officer.
(3)
The Judicial Review Act
1991, part 5 applies to a decision about an
excluded matter to the extent it is affected by
jurisdictional error.
Division 5
Miscellaneous
143
Directive about appeals
(1)
The commissioner must make a directive
about appeals by public sector employees.
(2)
The directive—
(a)
must make provision for—
(i)
the decisions, if any,
against which an appeal may be made; and
(ii)
the persons who are entitled
to appeal against a decision mentioned in section 131(1); and
(iii)
the directions, if any, the
IRC may give under the Industrial Relations Act
2016, section 562C(1)(b); and
(b)
may, for section 132(5), definition non-appealable appointment,
declare an appointment or employment to be an
appointment or employment against which an appeal
may not be made.
(3)
However, the directive must not direct, or
purport to direct, the IRC or another person to do or not do
a thing, or to do or not do a thing in a particular way, in
relation to an appeal under this part.
Part 11
Ending
of employment
144
Purpose of part
The purpose of this part is to ensure that,
despite another provision of this Act, the chief executive of a
public sector entity may end the employment of a public sector
employee under the common law, or consider that a public sector
employee’s employment has ended by operation of law, in particular
circumstances, including, for example, if the employee has seriously
breached the employee’s contract of employment.
145
Summary dismissal and ending of employment
Nothing in this Act—
(a)
limits or otherwise affects a right or
power, of a chief executive of a public sector entity,
under the common law to terminate a public sector
employee’s employment, including summarily; or
Example
of a right or power under the common law to
summarily terminate employment—
A chief executive may have a
right or power at common law to summarily
terminate a public sector employee’s employment if
the employee has engaged in serious misconduct,
including, for example—
•
wilful or deliberate
behaviour that is inconsistent with the
continuation of the employee’s employment
•
conduct that causes serious
and imminent risk to the health or safety of a
person
•
conduct that causes serious
and imminent risk to the reputation of the public
sector entity in which the employee is
employed.
Example
of a right or power under the common law to
terminate employment—
A chief executive may have a
right or power at common law to terminate a public
sector employee’s employment for repudiation of
the employment, including, for example, if the
employee has abandoned the employment.
(b)
prevents a public sector employee’s
employment contract from ending by operation of law;
or
Example
of a public sector employee’s employment contract
ending by operation of law—
A public sector employee’s
employment contract may end under the doctrine of
frustration, including, for example, if the
employee is imprisoned or remanded in
custody.
(c)
limits or otherwise affects the
contractual rights of the State or a public sector
entity as an employer under the common law.
Part 12
Surplus
146
Relationship with Industrial
Relations Act 2016
This part does not limit or otherwise
affect—
(a)
the Industrial Relations Act
2016, chapter 2, part 3, division 13; or
(b)
an industrial instrument.
147
Chief
executive’s power to take action because of surplus
(1)
This section applies if the chief executive of
a public sector entity believes a public sector employee is
surplus to the entity’s needs because—
(a)
more employees are employed in the
entity than it needs for the effective, efficient
and appropriate performance of its functions;
or
(b)
the duties performed by the
employee are no longer required.
(2)
The chief executive may terminate the
employee’s employment, subject to any directive made under
subsection (3).
(3)
The commissioner may make a directive about
action, including, for example, termination of employment, that
a chief executive of a public sector entity must take if the
chief executive believes a public sector employee is surplus to
the entity’s needs under subsection (1).
(4)
A chief executive exercising a power under
this section must act in a way compatible with sections 3 and 4.
Chapter 4
Public service
employment framework
Part 1
Preliminary
148
Application of chapter
(1)
This chapter applies only in relation to
public service entities.
(2)
However, if the only employee of the public
service entity under this Act is the entity’s chief executive,
this chapter applies only in relation to the employment of the
chief executive.
Part 2
Employment of general employees, fixed term temporary employees and casual
employees
149
General employees
(1)
The chief executive of a public service entity
may employ a person (a general employee) to perform
work of a type not ordinarily performed by a public service
officer.
(2)
The basis of employment may be—
(a)
permanent; or
(b)
temporary for a fixed term;
or
(c)
casual.
(3)
Employment under subsection (2)(a) or (b) may be full-time or
part-time.
(4)
A person employed under this section does not,
only because of the employment, become a public service
officer.
150
Fixed
term temporary employees
(1)
The chief executive of a public service entity
may employ a person on a temporary basis for a fixed term to
perform work of a type ordinarily performed by—
(a)
an officer; or
(b)
a senior officer.
(2)
However, subsection (1) applies only if
employment of a person on a permanent basis is not viable or
appropriate, having regard to the planning of human resources
carried out by the chief executive under section 177(1)(f).
(3)
The employment may be full-time or
part-time.
(4)
A person employed under this section does not,
only because of the employment, become a public service
officer.
151
Casual
employees
(1)
The chief executive of a public service entity
may employ a person on a casual basis to perform work of a type
ordinarily performed by—
(a)
an officer; or
(b)
a senior officer.
(2)
However, subsection (1) applies only if
employment of a person on either of the following employment
bases is not viable or appropriate—
(a)
a permanent basis;
(b)
a temporary basis for a fixed
term.
(3)
A person employed under this section does not,
only because of the employment, become a public service
officer.
Part 3
Employment of public service officers
152
Public
service officers
(1)
The chief executive of a public service entity
may, by signed notice, employ a person as a public service
officer in the entity.
(2)
The basis of employment may be—
(a)
permanent; or
(b)
on contract for a fixed
term.
(3)
However, subsection (2)(b) applies only if the chief
executive of the entity has decided that employment in the
position may be on contract for a fixed term.
(4)
The employment may be full-time or
part-time.
153
Purposes of senior officer positions
(1)
Senior officer positions are continued
to—
(a)
promote the public service’s
effectiveness and efficiency; and
(b)
ensure there is a group of highly
skilled public service officers who are capable of
development as senior executives.
(2)
Employment as a senior officer is to be
directed towards—
(a)
developing a public service-wide
perspective; and
(b)
continuance of the officer’s
professional development.
154
Role
of commissioner in relation to senior officer positions
To help achieve the purposes of senior officer
positions, the commissioner must make and implement arrangements to
facilitate the development of senior officers as senior
executives.
155
Employment of public service officers on contract for fixed
term
(1)
This section applies if the chief executive of
a public service entity employs a person, on contract for a
fixed term, as a public service officer in the entity.
(2)
The person must enter into a written contract
of employment with the chief executive.
(3)
However, if the person is employed on a
permanent basis in the position immediately before the
employment is to be on contract for a fixed term, the person
may, but is not required to, enter into a contract with the
chief executive relating to the employment.
(4)
If subsection (3) applies and the
person decides not to enter into a contract for a fixed term
with the chief executive, the person continues to be employed on
a permanent basis without change in the conditions of
employment.
(5)
The person’s overall employment conditions
under a contract for a fixed term under this section must not,
on balance, be less than the employment conditions to which the
person would be entitled if the person were employed on a
permanent basis.
(6)
If there is a dispute between the parties to
the contract about the application of subsection (5), the IRC may hear
and decide the dispute.
(7)
The conditions of the person’s employment are
governed by this Act, any relevant directive and the
contract.
156
Reinstatement of employment on permanent basis if contract
ends
(1)
This section applies if—
(a)
a person mentioned in section 155(1) is employed on contract
for a fixed term; and
(b)
the contract is terminated other
than by disciplinary action, or the contract expires
and is not renewed or replaced by another contract
of employment under this Act; and
(c)
when the person was first employed
under the contract or an earlier continuous contract
of employment as a public service officer, the
person was employed as a public service officer on a
permanent basis.
(2)
The person becomes a public service officer
employed—
(a)
on a permanent basis; and
(b)
at the classification level at
which the person would have been employed if the
person had continued in employment as a public
service officer on a permanent basis; and
(c)
on the remuneration to which the
person would have been entitled if the person had
continued in employment as a public service officer
on a permanent basis.
157
Termination of contract if person accepts employment on a permanent
basis
(1)
This section applies if—
(a)
a person mentioned in section 155(1) is employed on contract
for a fixed term; and
(b)
the person accepts employment as a
public service officer on a permanent basis.
(2)
The contract is taken to be terminated by
agreement of the parties.
(3)
Without limiting subsection (2), the person is
not entitled to payment under the contract because of the
termination.
Part 4
Other
employment arrangements
Division 1
Preliminary
158
Application of part
Subject to sections 159 and 164, this part applies to public
service officers employed in public service entities.
159
Application of division 2 or 3 by regulation
(1)
A regulation may provide—
(a)
that division 2 or 3 is to apply to a public
sector employee employed in a public sector
entity; and
(b)
for the way in which division 2 or 3 is to apply, including,
for example, that it applies with or without
change.
(2)
If a regulation is made under subsection (1), the
regulation must identify each of the following to which the
regulation applies—
(a)
the public sector
entity;
(b)
the head of the entity;
(c)
the employees of the
entity.
(3)
A regulation may prescribe anything
necessary or convenient to be prescribed—
(a)
to enable a regulation under
subsection (1) to be
made; or
(b)
to carry out or give effect to
the regulation; or
(c)
because of the making of the
regulation, including, for example, the
portability of employment rights and
entitlements.
Division 2
Secondment
160
Chief executive’s power to second
(1)
The chief executive of a public service
entity (the first entity) may—
(a)
second a public service
officer of the first entity within the first
entity; or
(b)
with the approval of the chief
executive of another entity, second a public
service officer of the other entity to the first
entity.
(2)
However, if the secondment is to a lower
classification level, the secondment may be made only with
the public service officer’s consent.
(3)
The chief executive of the first entity
may cancel the secondment at any time.
Division 3
Transfer or redeployment
161
Chief executive’s power to transfer or redeploy
(1)
The chief executive of a public service
entity (the first entity) may—
(a)
transfer or redeploy a public
service officer of the first entity within the
first entity; or
(b)
with the approval of the chief
executive of another entity, transfer or redeploy
a public service officer of the other entity to
the first entity.
(2)
However, a redeployment may be made only
with the public service officer’s consent.
(3)
A transfer or redeployment of a public
service officer under this section—
(a)
may involve a change in the
location where the officer performs duties;
and
(b)
if the officer is employed on
contract—has effect despite anything in the
contract.
162
Consequence if public service officer refuses transfer
(1)
If a public service officer is transferred
under section 161, the transfer
has effect unless the officer establishes reasonable grounds
for refusing the transfer to the satisfaction of the
officer’s chief executive.
(2)
If the public service officer refuses the
transfer after failing to establish reasonable grounds for
the refusal to the chief executive’s satisfaction, the chief
executive may terminate the officer’s employment by signed
notice given to the officer.
(3)
If the public service officer establishes
reasonable grounds to the chief executive’s
satisfaction—
(a)
the transfer is cancelled;
and
(b)
the refusal must not be used
to prejudice the officer’s prospects for future
promotion or advancement.
Division 4
Resignation or
retirement
163
Resignation
(1)
A public service officer may resign by
notice given to the officer’s chief executive—
(a)
at least 2 weeks before the
notice is to take effect; or
(b)
within a shorter period
approved by the officer’s chief executive.
(2)
The notice takes effect in accordance with
its terms and without needing the acceptance of the public
service officer’s chief executive.
164
Voluntary retirement
A public service officer or a general employee
may by signed notice given to the officer’s or employee’s chief
executive, elect to retire from the public service if—
(a)
the officer or employee is 55
years or more; or
(b)
the officer or employee is
permitted to retire under a directive.
Chapter 5
Public service
chief executives and senior executives
Part 1
Preliminary
165
Application of chapter
(1)
This chapter applies in relation to—
(a)
chief executives and senior
executives in departments; and
(b)
the commissioner.
(2)
Part 3 also applies to senior
executives in public service entities mentioned in section 9(b).
Part 2
Chief
executives
Division 1
Chief executive
service
166
Service continued
(1)
A chief executive service is continued in
the public service.
(2)
The chief executive service consists
of—
(a)
chief executives appointed or
declared under division 2; and
(b)
the commissioner.
167
Purpose of service and 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 in addition to 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.
168
Role of commissioner
To help achieve the purpose of the chief
executive service, the commissioner must make and implement
arrangements to facilitate the executive development of chief
executives.
169
Chief executive service standards
(1)
The Minister may make standards about the
way the Minister expects the chief executive service to
operate.
(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 the Minister considers appropriate.
(4)
The standards do not limit or otherwise
affect the obligations that a chief executive has under
the Public Sector Ethics Act
1994.
Division 2
Appointments
170
Appointment by Governor in Council
The Governor in Council may, by gazette
notice, appoint chief executives.
171
Appointment to particular departments
(1)
Each department is to have a chief
executive.
(2)
The Minister may, by signed notice,
appoint a chief executive to be the chief executive of any
department.
(3)
Notice of the appointment must be
published in the gazette or in another publicly available
way the Minister considers appropriate.
172
Acting chief executive
(1)
The Minister administering a department
may appoint a person to act as the department’s chief
executive during any period or all periods when—
(a)
no-one is employed as chief
executive; or
(b)
the chief executive is absent
from duty or is, for another reason, unable to
discharge the responsibilities of chief
executive.
(2)
It does not matter whether the appointee
is or is not already a public service officer.
173
Statutory officer as chief executive
(1)
The Governor in Council may, by gazette
notice, declare that the holder of a stated office
established under an Act is the chief executive appointed to
a stated department.
(2)
This Act does not apply to an appointment
to the stated office.
174
Contractual basis of employment for chief executives
(1)
Each person appointed as a chief executive
under this Act must enter into a written contract of
employment with the Minister.
(2)
The appointee’s conditions of employment
are governed by this Act, any relevant directives and the
contract.
175
Term of appointment
(1)
The term of a chief executive’s
appointment must be—
(a)
5 years; or
(b)
if the person has requested a
shorter period—the shorter period.
(2)
If a chief executive is reappointed, the
term of the appointment can not be more than 5 years.
(3)
A chief executive may resign by signed
notice given to the Minister at least 1 month before the
notice is to take effect.
(4)
An appointment and contract of employment
as a chief executive may be terminated by the Governor in
Council by signed notice given by the Minister to the
appointee at least 1 month before the notice is to take
effect.
Division 3
Functions
176
Definition for division
In this division—
Minister, of a chief
executive of a department, means the Minister
administering the department.
177
Functions and responsibilities of chief executive
(1)
A chief executive of a department has the
following functions and responsibilities in relation to the
department—
(a)
establishing and implementing
goals and objectives in accordance with government
policies and priorities;
(b)
managing the department in a
way that promotes the effective, efficient and
appropriate management of public resources while
ensuring appropriate accountability for ethical
standards and effective management and leadership
of human resources;
(c)
managing the following matters
for departmental employees—
(i)
the total number;
(ii)
types of positions;
(iii)
roles associated with
positions;
(iv)
classification levels;
(v)
designation of roles;
(d)
pro-actively managing the work
performance and personal conduct of departmental
employees;
(e)
establishing and implementing
workforce and human resources planning and
practices, including, for example, ensuring the
employment in the department of persons on a
temporary basis for a fixed term or on a casual
basis happens only if there is a reason for the
basis of employment under this Act;
(f)
adopting management practices
that are responsive to government policies and
priorities;
(g)
implementing policies and
practices about access and equity to ensure
maximum access by members of the community to
government programs and to appropriate avenues for
review;
(h)
ensuring compliance with the
obligations under chapter 2 relating to
equity, diversity, respect and inclusion;
(i)
ensuring maintenance of proper
standards in the creation, keeping and management
of public records.
Examples of
chief executive responsibilities for departmental
employees—
•
recruitment and
selection
•
performance appraisal,
training and development
•
discipline and termination
of employment
•
working conditions and
industrial issues
•
ensuring fair
treatment
(2)
Also, a chief executive is responsible for
the following matters—
(a)
providing stewardship of the
public sector by actively participating in
collective and collaborative leadership and
implementing public sector-wide policies decided
by the Minister and the council;
(b)
acting as the primary policy
adviser to the chief executive’s Minister about
significant issues relating to the department and
the public sector, including, for example—
(i)
providing expert, impartial,
coordinated and comprehensive policy advice;
and
(ii)
providing integrated advice
about how all aspects of the department and the
public sector align with the policy intent of
government; and
(iii)
providing policy
coordination by building and managing
relationships with public sector entities to
ensure integrated policy development; and
(iv)
facilitating and supporting
relationships between Ministers and public sector
entities.
(3)
The chief executive’s responsibilities
under this Act are in addition to the chief executive’s
responsibilities under another Act.
Example—
A chief executive is an
accountable officer under the Financial Accountability Act
2009 and has a responsibility to
develop the strategic plan and operational plan
under the Financial and Performance Management Standard
2019, section 8.
Note—
The following are not subject to
direction by a chief executive—
•
the information commissioner
and staff of the office of the information
commissioner (see the Right to Information Act
2009, sections 126, 146
and 149, and the Information Privacy Act
2009, sections 140 and 143)
•
the auditor-general, deputy
auditor-general and staff of the audit office (see
the Auditor-General Act
2009).
(4)
In this section—
departmental employees
means public service employees employed in the chief
executive’s department.
designation, of a
role, includes the title of the role and the
organisational location of the role within a
department.
178
Extent of chief executive’s autonomy
(1)
A chief executive of a department is
subject to the directions of the chief executive’s Minister
in managing the department, other than to the extent—
(a)
the chief executive is making
decisions about particular individuals; or
(b)
another Act—
(i)
provides that the chief
executive is not subject to the directions of the
chief executive’s Minister about particular
matters; or
(ii)
limits the extent to which,
or circumstances in which, the chief executive is
subject to the directions of the chief executive’s
Minister.
(2)
In making decisions about particular
individuals, the chief executive—
(a)
is subject to any direction
given by the commission in a report about a
procedural aspect of a current work performance
matter under section 124; and
(b)
must otherwise act
independently, impartially and fairly; and
(c)
is not subject to direction by
a Minister.
179
References in Act to chief executive of a chief executive are to
Minister
For a chief executive, a reference in this Act
to the chief executive’s chief executive, or to the chief
executive of the chief executive’s department, is a reference to
the Minister.
Division 4
Conflicts of
interest
180
Definition for division
In this division—
Minister, of a chief
executive of a department, means the Minister
responsible for administering the department.
181
Meaning of interest
A reference to an interest or to a conflict of interest in this
division 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.
182
Declaration of interests—chief executive of department
(1)
This section applies to a person appointed
as chief executive of a department.
Note—
Appointment includes
reappointment. See the Acts Interpretation Act
1954, schedule 1, definition
appoint.
(2)
The chief executive must, within 1 month
after the appointment, give each designated person for the
chief executive a statement about the chief executive’s
interests.
(3)
The statement must include the information
required under a directive made by the commissioner.
(4)
Subsection (5) applies
if—
(a)
a change to the chief
executive’s interests happens after the giving of
the statement; and
(b)
the change is of a type
prescribed under a directive made by the
commissioner.
(5)
The chief executive must give each
designated person for the chief executive a revised version
of the statement, including the change, as soon as possible
after the relevant facts about the change come to the chief
executive’s knowledge.
(6)
When giving the commissioner a statement
under subsection (2) or (5), the chief executive must
also give the commissioner written advice that the chief
executive has given the statement to the chief executive’s
Minister.
(7)
In this section—
designated person, for
a chief executive, means—
(a)
the chief executive’s
Minister; or
(b)
the commissioner.
183
Conflicts of interest—chief executive of department
(1)
This section applies to a person appointed
as chief executive of a department.
(2)
If the chief executive has an interest
that conflicts or may conflict with the discharge of the
chief executive’s responsibilities, the chief
executive—
(a)
must disclose the nature of
the interest and conflict to the chief executive’s
Minister as soon as practicable after the relevant
facts come to the chief executive’s knowledge;
and
(b)
must not take action or
further action concerning a matter that is, or may
be, affected by the conflict unless authorised by
the chief executive’s Minister.
(3)
The chief executive’s Minister may direct
the chief executive of the entity to resolve a conflict or
possible conflict between an interest of the chief executive
and the chief executive’s responsibilities.
Part 3
Senior
executives
Division 1
Senior executive
service
184
Senior executive service continued
A senior executive service is continued in the
public service.
185
Purpose of service and achievement
(1)
The purpose of the senior executive
service is to promote the public service’s effectiveness and
efficiency.
(2)
Employment in the senior executive service
is to be directed towards ensuring senior executives—
(a)
provide strategic leadership
to deliver government objectives; and
(b)
provide high quality,
impartial advice to chief executives and executive
government; and
(c)
champion the public sector
principles in all aspects of their leadership and
in discharging their responsibilities; and
(d)
develop a public service-wide
perspective and participate in collaborative and
collective leadership to achieve outcomes across
the public sector; and
(e)
continue their executive
development through ongoing learning; and
(f)
develop their skills through
deployment within the public service and in other
entities.
(3)
The purposes under subsections (1) and (2) are to be achieved by
attracting, developing and retaining in the public service a
core of mobile, highly skilled senior executives.
186
Role of commissioner
To help achieve the purposes of the senior
executive service, the commissioner must make and implement
arrangements to facilitate the executive development of senior
executives.
187
Composition
The senior executive service consists of
persons employed under this Act as senior executives.
Division 2
Employment
188
Employment
(1)
The chief executive of a public service
entity may, on behalf of the State, employ a senior
executive in the public service entity.
(2)
However, the chief executive must not
employ the senior executive unless the employment is
approved by the commissioner under a directive.
189
Acting senior executive
(1)
The chief executive of a public service
entity may employ a person to act in the office of a senior
executive in the entity during any period or all periods
when—
(a)
no-one is employed in the
office; or
(b)
the person holding the office
is absent from duty or is, for another reason,
unable to discharge the responsibilities of the
office.
(2)
It does not matter whether the person
employed to act in the office is or is not already a public
service officer.
190
Contractual basis of employment for senior executives
(1)
Each senior executive must enter into a
written contract of employment with the senior executive’s
chief executive.
(2)
The contract may provide that, if the
person’s employment as a senior executive continues to the
end of the term of the person’s employment as senior
executive, a further contract of employment may be entered
into under this section.
(3)
The entry into a further contract of
employment as mentioned in subsection (2) extends the
person’s employment by the further term stated in the
contract.
(4)
An extension of employment under subsection (2) and (3) may happen as occasion
requires.
(5)
The senior executive’s conditions of
employment are governed by this Act, any relevant directives
and the contract.
(6)
The employment may be full-time or
part-time.
191
Term of contract
(1)
The term of a senior executive’s contract,
or an extension of the senior executive’s employment in the
way provided for under section 190(2) and (3), can not be more than 5
years.
(2)
A senior executive may resign by signed
notice given to the senior executive’s chief executive at
least 1 month before the notice is to take effect.
(3)
A senior executive’s contract of
employment may be terminated by the senior executive’s chief
executive by signed notice given to the senior executive at
least 1 month before the notice is to take effect.
Chapter 6
Governance of
public sector
Part 1
The
Minister
192
Functions
(1)
The main function of the Minister is to
promote the overall effectiveness and efficiency of the public
sector.
(2)
Without limiting subsection (1), the Minister has
the following functions—
(a)
to assess the appropriateness,
effectiveness and efficiency of public sector
management;
(b)
to recommend the appointment of,
and employment arrangements for—
(i)
chief executives of
departments; and
(ii)
the commissioner; and
(iii)
each special
commissioner;
(c)
to monitor the performance of the
commission’s functions, chief executives of
departments and the commissioner;
(d)
to authorise performance reviews
of chief executives of departments and the
commissioner;
(e)
to request public sector
reviews;
(f)
to advise Ministers administering
departments about steps that should be taken to
improve the public sector’s effectiveness and
efficiency.
(3)
The Minister also has the functions given to
the Minister under this Act or another Act.
(4)
To remove any doubt, it is declared that the
Minister’s functions do not include a function relating to any
of the following entities—
(a)
the Crime and Corruption
Commission;
(b)
the Office of the Information
Commissioner under the Right to Information Act
2009;
(c)
the Queensland Integrity
Commissioner under the Integrity Act
2009;
(d)
the Office of the Ombudsman
established under the Ombudsman Act
2001;
(e)
the audit office;
(f)
another entity prescribed by
regulation for this paragraph.
193
Giving
direction
(1)
The Minister may give a direction to any of
the following entities—
(a)
the commissioner;
(b)
the council;
(c)
the chairperson of the
council.
(2)
The direction may require the entity to give
the Minister a report about the performance of the entity’s
functions or any matter relating to public sector employment the
Minister considers appropriate.
(3)
If the direction requires the entity to give
the Minister a report as mentioned in subsection (2), the direction
must—
(a)
be in writing; and
(b)
state the reasonable period within
which the entity must comply with the
direction.
(4)
The direction may be as general or as specific
as the Minister considers appropriate.
194
Making
performance framework
(1)
The Minister may make a framework (the
performance framework) about the
way the Minister expects chief executives of departments to
perform their functions.
(2)
Without limiting subsection (1), the performance
framework may provide for competencies expected of, and ethical
standards for, chief executives mentioned in subsection (1).
(3)
The Minister must publish the performance
framework—
(a)
on a Queensland government
website; or
(b)
in another publicly available way
the Minister considers appropriate.
(4)
The performance framework does not limit or
otherwise affect the obligations that a chief executive has
under the Public Sector Ethics Act 1994.
195
Establishing taskforce
(1)
The Minister may establish a taskforce
consisting of 2 or more chief executives of public service
entities, appointed by the Minister, who have responsibilities
relating to a particular matter common to the public service
entities.
(2)
The chief executives have a shared
responsibility in relation to the taskforce.
(3)
The Minister must appoint 1 of the chief
executives of the public service entities to be the chairperson
of the taskforce.
(4)
The Minister must decide the public service
entity to which the taskforce belongs.
196
Taskforce’s functions and staffing arrangements
(1)
The main function of a taskforce established
under section 195(1) is to deal with complex issues
relating to the particular matter common to the public service
entities in relation to which the taskforce is
established.
(2)
Without limiting subsection (1), the chief
executives of the public service entities may discharge the main
function of the taskforce by—
(a)
coordinating strategic policy and
planning activities for the particular matter;
and
(b)
supporting the delivery of
initiatives that are common to the public service
entities.
(3)
The Minister must decide—
(a)
the terms of reference of the
taskforce, including, for example, how the taskforce
must operate in performing its functions; and
(b)
the governance and administration
arrangements of the taskforce; and
(c)
the monitoring and reporting
arrangements for the taskforce; and
(d)
the allocation of resources to the
taskforce.
(4)
The chief executives of the public service
entities have the power to do anything necessary or convenient
to be done for the performance of the taskforce’s
functions.
(5)
However, the chief executive of the public
service entity to which the taskforce belongs is responsible for
matters relating to the staffing of the taskforce and may, for
the performance of the taskforce’s functions—
(a)
make an arrangement under section 82 or 160 for a person to perform
work for or in, or duties in, the entity; or
(b)
employ, under chapter 4 or 5, a person in the
entity.
Part 2
Departments of government
197
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 of government by
the Governor in Council by gazette notice.
198
Changes relating to departments or other government entities
The Governor in Council may, by gazette
notice—
(a)
establish a department or another
government entity; or
(b)
amalgamate departments or other
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.
199
Declaration of functions
The Governor in Council may, by gazette notice,
declare—
(a)
the functions of a department or
another government entity; or
(b)
the functions that are included or not
included in the functions of a department or another
government entity.
200
Changes relating to functions
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.
201
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 part 2 gazette notice;
or
(b)
for carrying out or giving effect
to a part 2 gazette notice;
or
(c)
because of the making of a part 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 part 2 gazette notice;
or
(b)
to carry out or give effect to a
part 2 gazette notice;
or
(c)
because of the making of a part 2 gazette
notice.
Example of
action to carry out or give effect to a part 2 gazette
notice—
transferring public service employees
from a department to another department
(3)
In this section—
part 2 gazette
notice means a gazette notice under this
part, other than under this section.
202
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 in the first
department, or the part of the first department, become employed
in the other department unless the Governor in Council decides
otherwise.
(3)
The following apply for each of the public
service employees—
(a)
the employee retains and is
entitled to all rights, benefits and entitlements
that have accrued to the person because of the
person’s previous employment in the first
department, including, for example, accrued
leave;
(b)
the employee’s continuity of
service is not interrupted, provided that the
employee is not entitled to claim a right, benefit
or entitlement more than once in relation to the
same period of service;
(c)
the employee’s employment in the
other department does not constitute a termination
of employment or a retrenchment or redundancy;
(d)
the employee is not entitled to a
payment or other benefit because the employee is no
longer employed in the first department.
203
Existence of separate government entities not affected
(1)
This section applies if another Act
establishes a 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 part does not have any effect on the
government entity’s separate existence.
Part 3
Public
Sector Commission
204
Continuation of commission
The Public Service Commission established
under the repealed Public Service Act 2008 is continued in
existence under the name Public Sector Commission (the commission).
205
Membership
The commission consists of the following
persons—
(a)
the commissioner;
(b)
each special commissioner;
(c)
the staff members of the
commission.
206
Commission represents State
(1)
The commission represents the State.
(2)
Without limiting subsection (1), the commission
has the privileges and immunities of the State.
207
Functions
(1)
The main function of the commission is to
support the implementation and consistent application of this
Act.
(2)
Without limiting subsection (1), the commission
has the following functions—
(a)
to provide system leadership and
stewardship of the public sector;
(b)
to build and maintain the
capability and capacity of the public sector,
including, for example, the capability of human
resource management in the public sector;
(c)
to promote equity, diversity,
respect and inclusion in the public sector;
(d)
to enhance and promote a culture
of integrity and ethical behaviour and
decision-making across the public sector;
(e)
to promote a culture of continuous
improvement and support to public sector entities to
identify and manage workforce issues;
(f)
to build leadership capability and
facilitate the development of a highly skilled chief
executive service and senior executive service,
including, for example, through the use of mobility
arrangements;
(g)
to support agencies to develop the
capability of the public sector to serve the people
of Queensland and the State government efficiently
and effectively;
(h)
to promote the public sector
principles;
(i)
to report, at least annually, to
the Minister on the application of the public sector
principles within public service entities, including
to report on the following—
(i)
the application of the
principles, as a whole, within public service
entities as a whole;
(ii)
the application of only 1 or
more of the principles within public service
entities 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)
to enhance the public sector’s
leadership and management capabilities in relation
to disciplinary matters;
(k)
to facilitate the purposes of the
chief executive service, and the purposes of the
senior executive service and senior officer
positions;
(l)
to support the council to perform
its functions under this Act;
(m)
to monitor, and report to the
council about, the workforce profile of the public
service.
(3)
The commission also has the functions given to
it under this Act or another Act.
208
Powers
(1)
The commission has the power to do anything
necessary or convenient to be done for the performance of the
commission’s functions.
(2)
The commission also has the powers given to
the commission under this Act or another Act.
209
Staff
members of commission
The commissioner may employ, under chapter 4 or 5, the persons the commissioner considers
necessary to perform the commission’s functions.
210
Staff
member subject to direction by commissioner
A staff member of the commission is subject to the
direction of the commissioner relating to the performance of the
commission’s functions.
211
Agents
(1)
To meet temporary circumstances, the
commissioner may engage suitably qualified persons to provide
the commission with services, information and advice.
(2)
A person engaged under subsection (1) is engaged on the
terms and conditions decided by the commissioner and not under
this Act.
Part 4
Public
Sector Commissioner
212
Appointment
(1)
The Governor in Council may, on the
recommendation of the Minister, appoint an appropriately
qualified person as the Public Sector Commissioner (the commissioner).
(2)
The commissioner is the chief executive of the
commission.
213
Disqualification as commissioner
A person is disqualified from being appointed, or
continuing as, the commissioner if the person is a disqualified
person.
214
Term
(1)
The commissioner holds office for the term
stated in the commissioner’s instrument of appointment.
(2)
The stated term must not be more than 5
years.
(3)
The commissioner may be reappointed.
215
Remuneration and conditions
(1)
A person appointed as the commissioner must
enter into a written contract of employment with the
Minister.
(2)
Without limiting subsection (1), the contract may
provide for—
(a)
the commissioner to meet
performance standards set by the Minister; and
(b)
the remuneration and allowances of
the commissioner.
(3)
The appointment and contract of employment may
be terminated by the Governor in Council by signed notice given
by the Minister to the commissioner at least 1 month before the
notice is to take effect.
(4)
The remuneration to which the commissioner is
entitled must not be reduced during the commissioner’s term of
office without the commissioner’s written consent.
(5)
The commissioner holds office on the terms and
conditions, not provided for by this Act, that are approved by
the Minister.
216
Vacancy in office
The office of the commissioner becomes vacant
if—
(a)
the commissioner—
(i)
completes a term of office
and is not reappointed; or
(ii)
resigns by signed notice,
giving at least 1 month’s notice, given to the
Minister; or
(iii)
becomes a disqualified
person; or
(b)
the appointment and contract of
employment of the commissioner is terminated under
section 215(3).
217
Functions and responsibilities of commissioner
(1)
The main function of the commissioner is to
ensure the effective and efficient administration and operation
of the commission and the performance of its functions.
(2)
Without limiting subsection (1), the commissioner
has the following functions—
(a)
to provide stewardship of the
public sector’s workforce;
(b)
to make directives;
(c)
to support the council to perform
its functions under this Act;
(d)
to approve the initial appointment
of senior executives;
(e)
to support the development of
senior executives and senior officers;
(f)
to conduct public sector
reviews;
(g)
to establish and implement goals
and objectives in accordance with government
policies and priorities;
(h)
to manage the commission in a way
that promotes the effective, efficient and
appropriate management of public resources while
ensuring appropriate accountability for ethical
standards and effective management and leadership of
human resources;
(i)
to manage the following matters
for staff members of the commission—
(i)
the total number;
(ii)
types of positions;
(iii)
roles associated with
positions;
(iv)
classification levels;
(v)
designation of roles;
(j)
to mange workforce and human
resources planning and practices;
(k)
to adopt management practices that
are responsive to government policies and
priorities;
(l)
to pro-actively manage the work
performance and personal conduct of staff members of
the commission;
(m)
to implement policies and
practices about access and equity to ensure maximum
access by members of the community to government
programs and to appropriate avenues for
review;
(n)
to perform functions under chapter 2 relating to
equity, diversity, respect and inclusion;
(o)
to perform other functions as
directed by the Minister.
(3)
The commissioner also has the functions given
to the commissioner under this Act or another Act.
218
Powers
(1)
The commissioner has the power to do anything
necessary or convenient to be done for the performance of the
commissioner’s functions.
(2)
The commissioner also has the powers given to
the commissioner under this Act or another Act.
219
Acting
as commissioner
(1)
The Minister may appoint a person to act as
the commissioner during any period or all periods when—
(a)
there is a vacancy in the office;
or
(b)
the commissioner is absent from
duty or is, for another reason, unable to perform
the functions of the commissioner.
(2)
It does not matter whether the appointee is or
is not already a public service officer.
220
Preservation of rights
(1)
This section applies if a public service
officer is appointed as the commissioner.
(2)
The person keeps all rights and entitlements
accrued or accruing to the person as a public service officer as
if service as the commissioner were a continuation of service as
a public service officer.
(3)
At the end of the person’s term of office or
on resignation as the commissioner, the person’s service as the
commissioner is taken to be service of a like nature in the
public service for deciding the person’s rights and entitlements
as a public service officer.
Part 5
Directives
221
Directive binding
(1)
A directive binds each person to whom the
directive applies.
(2)
Subsection (1) is not limited
by, and does not limit, another provision of this Act that
provides a person must comply with a particular directive.
222
Making
of directive—commissioner
(1)
The commissioner may make a directive about—
(a)
a matter mentioned in section 4, 207 or 217; or
Examples of matters a directive may be
about—
•
a matter relating to equity,
diversity, respect or inclusion under chapter 2
•
a matter relating to the
employment arrangements of public sector employees
under chapter 3
•
a matter relating to the
employment of public service employees under
chapter 4 or 5
(b)
the overall employment conditions
of the following types of public service employees—
(i)
an officer employed on a
contract for a fixed term whose remuneration is at
least the remuneration payable to a senior
officer;
(ii)
a senior officer;
(iii)
a senior executive;
(iv)
a chief executive; or
(c)
the overall employment conditions
of a public sector executive; or
(d)
any other matter for which this
Act expressly provides.
(2)
However, the commissioner can not make a
directive about the overall employment conditions of a public
sector employee who is covered by an industrial
instrument.
(3)
After the commissioner makes a directive, the
commissioner must publish the directive on a Queensland
government website.
223
Making
of directive—industrial relations Minister
(1)
The industrial relations Minister may make a
directive about the overall employment conditions of public
sector employees.
(2)
However, the industrial relations Minister can
not make a directive about the overall employment conditions of
a public sector employee mentioned in section 222(1)(b) or (c).
(3)
After the industrial relations Minister makes
a directive, the industrial relations Minister must publish the
directive on a Queensland government website.
(4)
To remove any doubt, it is declared that the
industrial relations Minister can make a directive about the
overall employment conditions of a public sector employee who is
covered by an industrial instrument.
224
Consultation for directives
(1)
This section applies if the commissioner or
the industrial relations Minister proposes to make a directive
that affects—
(a)
a public sector entity; or
(b)
public sector employees who are
entitled to be represented by an employee
organisation.
(2)
The commissioner or the industrial relations
Minister must consult with the following entities about the
making of the proposed directive—
(a)
for subsection (1)(a)—the public sector
entity;
(b)
for subsection (1)(b)—the employee
organisation.
(3)
A failure to comply with subsection (2) does not
invalidate or otherwise affect the directive, if the
commissioner or industrial relations Minister made a reasonable
attempt to comply with the subsection.
225
Advice
about making directive
In making a directive, the commissioner or the
industrial relations Minister must consider any advice given to the
other about improving the public sector’s effectiveness and
efficiency.
226
Joint
directives
Nothing in this Act or the Industrial Relations Act 2016 prevents the
commissioner and the industrial relations Minister from making a
joint directive.
227
Directive may apply Act to public sector employees
(1)
A directive may apply a provision of this Act
to a public sector 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
commissioner.
(2)
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.
228
Relationship with legislation
(1)
If a directive is inconsistent with an Act or
subordinate legislation, the Act or
subordinate legislation prevails over the directive to the
extent of any inconsistency.
(2)
For subsection (1), a directive is
not inconsistent with an Act or subordinate legislation to the
extent the directive is at least as favourable as the Act or
subordinate legislation.
229
Relationship with industrial instrument
(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.
(3)
For subsection (2), a directive is
not inconsistent with an industrial instrument to the extent the
overall employment conditions provided for in the directive are
at least as favourable as the overall employment conditions
provided for in the industrial instrument.
(4)
In this section—
directive includes a
decision made in the exercise of a discretion under a
directive.
Part 6
Special
commissioners
230
Appointment
The Governor in Council may, on the recommendation
of the Minister, appoint an appropriately qualified person as a
special commissioner.
231
Disqualification as special commissioner
A person is disqualified from being appointed, or
continuing as, a special commissioner if the person is a
disqualified person.
232
Term
(1)
A special commissioner holds office for the
term stated in the special commissioner’s instrument of
appointment.
(2)
The stated term must not be more than 5
years.
(3)
A special commissioner may be
reappointed.
233
Remuneration and conditions
(1)
A person appointed as a special commissioner
must enter into a written contract of employment with the
Minister.
(2)
A special commissioner is to be paid the
remuneration and allowances decided by the Governor in
Council.
(3)
The appointment and contract of employment may
be terminated by the Governor in Council by signed notice given
by the Minister to the special commissioner at least 1 month
before the notice is to take effect.
(4)
The remuneration to which a special
commissioner is entitled must not be reduced during the special
commissioner’s term of office without the special commissioner’s
written consent.
(5)
A special commissioner holds office on the
terms and conditions, not provided for by this Act, that are
decided by the Governor in Council.
234
Vacancy in office
The office of a special commissioner becomes
vacant if—
(a)
the special commissioner—
(i)
completes a term of office
and is not reappointed; or
(ii)
resigns by signed notice,
giving at least 1 month’s notice, given to the
Minister; or
(iii)
becomes a disqualified
person; or
(b)
the appointment and contract of
employment of the special commissioner is terminated
under section 233(3).
235
Conflicts of interest
(1)
If a special commissioner has an interest that
conflicts or may conflict with the discharge of the special
commissioner’s responsibilities, the special commissioner—
(a)
must disclose the nature of the
interest and conflict to the Minister as soon as
practicable after the relevant facts come to the
special commissioner’s knowledge; and
(b)
must not take action or further
action concerning a matter that is, or may be,
affected by the conflict unless authorised by the
Minister.
(2)
The Minister may direct a special commissioner
to resolve a conflict or possible conflict between an interest
of the special commissioner and the special commissioner’s
responsibilities.
236
Functions
(1)
The main functions of a special commissioner
are—
(a)
to give advice to the Minister
about an area of public sector administration stated
in the special commissioner’s instrument of
appointment; and
(b)
to promote and develop the
effectiveness and efficiency of the public sector by
facilitating the development and implementation of
public sector-wide policies; and
(c)
to conduct public sector
reviews.
(2)
A special commissioner also has the functions
given to the special commissioner under this Act or another
Act.
237
Powers
(1)
A special commissioner has the power to do
anything necessary or convenient to be done for the performance
of the special commissioner’s functions.
(2)
A special commissioner also has the powers
given to the special commissioner under this Act or another
Act.
238
Preservation of rights
(1)
This section applies if a public service
officer is appointed as a special commissioner.
(2)
The person keeps all rights and entitlements
accrued or accruing to the person as a public service officer as
if service as a special commissioner were a continuation of
service as a public service officer.
(3)
At the end of the person’s term of office or
on resignation as a special commissioner, the person’s service
as a special commissioner is taken to be service of a like
nature in the public service for deciding the person’s rights
and entitlements as a public service officer.
239
Special commissioner subject to direction of chairperson of
council
(1)
A special commissioner is subject to the
direction of the chairperson of the council.
(2)
For this Act, a special commissioner’s chief
executive is the chairperson of the council.
Part 7
Public
Sector Governance Council
240
Establishment
The Public Sector Governance Council (the
council) is established.
241
Membership
The council consists of the following persons
(each a member)—
(a)
the commissioner;
(b)
the chief executive of the department
in which the Parliament of Queensland Act
2001 is administered;
(c)
the chief executive of the department
in which the Financial Accountability Act
2009 is administered;
(d)
any chief executives or special
commissioners appointed under section 246(3);
(e)
2 persons appointed under section 242 as community
representatives.
242
Community representatives
(1)
The Governor in Council may, on the
recommendation of the Minister, appoint 2 persons who are not
public sector employees as community representatives.
(2)
A person appointed as a community
representative holds office for the term stated in the person’s
instrument of appointment.
(3)
The stated term must not be more than 3
years.
(4)
The person may be reappointed.
(5)
The person is to be paid the remuneration and
allowances, and holds office on the terms and conditions,
decided by the Governor in Council.
(6)
The appointment may be terminated by the
Governor in Council by signed notice given by the Minister to
the community representative at least 1 month before the notice
is to take effect.
243
Disqualification as community representative
A person is disqualified from being appointed, or
continuing as, a community representative if the person is a
disqualified person.
244
Vacancy in office
The office of a community representative becomes
vacant if—
(a)
the community representative—
(i)
completes a term of office
and is not reappointed; or
(ii)
resigns by signed notice,
giving at least 1 month’s notice, given to the
Minister; or
(iii)
becomes a disqualified
person; or
(b)
the appointment of the community
representative is terminated under section 242(6).
245
Council represents State
(1)
The council represents the State.
(2)
Without limiting subsection (1), the council has
the privileges and immunities of the State.
246
Chairperson
(1)
The chairperson of the council is the chief
executive of the department in which the Parliament of Queensland Act 2001 is
administered.
(2)
The chairperson may appoint another member to
act as chairperson in the chairperson’s absence.
(3)
The chairperson may appoint 1 or more chief
executives or special commissioners as members for a period
decided by the council.
247
Functions
(1)
The main functions of the council are to
provide system leadership and stewardship of the public sector
and to oversee public sector governance.
(2)
Without limiting subsection (1), the council has
the following functions—
(a)
to monitor, and advise the
Minister on, the performance of the public sector
and matters relating to public sector administration
and workforce management;
(b)
to foster and recognise
excellence, innovation and high performance of
public sector employees and work teams;
(c)
to foster a culture of integrity
within the public sector;
(d)
to oversee the implementation of
policies and programs across the public
sector;
(e)
to monitor, and report to the
Minister about, the workforce profile of the public
sector;
(f)
to promote seamless and integrated
policy advice and policy implementation, including,
for example, establishing ways for public sector
entities to collaborate;
(g)
to oversee the implementation of
changes to the machinery of government and
resourcing decisions related to the changes;
(h)
to set work programs for each
special commissioner;
(i)
to request public sector
reviews.
(3)
The council also has the functions given to it
under this Act or another Act.
(4)
In this section—
workforce profile means
the demographic categories and other characteristics of
a workforce.
248
Powers
(1)
The council has the power to do anything
necessary or convenient to be done for the performance of the
council’s functions.
(2)
The council also has the powers given to the
council under this Act or another Act.
249
Number
and classification levels of senior executive roles
The council may fix the maximum number, and
classification levels, of full-time senior executive roles in a
public service entity.
250
Head
of practice area
(1)
The council may, for a practice area in the
public sector, give a public sector employee for a stated
period—
(a)
the title of head of the practice
area; and
(b)
the function of developing
networks of practitioners, and excellence in
performance, in the practice area throughout the
public sector.
(2)
However, the council may act under subsection (1) only if the
public sector employee’s chief executive consents to the
action.
(3)
Also, an action under subsection (1) does not affect
the public sector employee’s rights or entitlements as a public
sector employee.
(4)
In this section—
practice area
includes—
(a)
change management; and
(b)
community engagement;
and
(c)
financial management;
and
(d)
evaluation; and
(e)
human resource management;
and
(f)
reframing of the State
government’s relationship with Aboriginal peoples
and Torres Strait Islander peoples; and
(g)
dispute resolution;
and
(h)
industrial relations;
and
(i)
information and
communication technology procurement; and
(j)
policy implementation.
251
Conduct of business
(1)
Subject to subsection (2), the council may
conduct its business, including its meetings, in the way it
considers appropriate.
(2)
The council must hold at least 4 meetings a
year.
Part 8
Public
sector reviews
Division 1
Preliminary
252
Definitions for part
In this part—
disclose includes give
access to.
public sector entity
includes the police service.
public sector review see
section 253.
referring entity, for a
public sector review, see section 254(1).
reviewing entity means
the commissioner, a special commissioner or another
appropriately qualified person.
253
What is a public sector review
A public sector review—
(a)
is a review about any matter
or aspect of public administration, or of public
sector management, relating to the main purpose of
this Act; and
(b)
includes a review about the
effectiveness, efficiency, functions or activities
of a public sector entity.
Division 2
Initiating public sector
review
254
Minister or council may ask for public sector review
(1)
The Minister or the council (each a
referring entity) may, by
signed notice, ask a reviewing entity to conduct a public
sector review.
(2)
However, a referring entity can not ask
for a public sector review about any of the following
entities—
(a)
the Crime and Corruption
Commission;
(b)
the Office of the Information
Commissioner established under the Right to Information Act
2009;
(c)
the Queensland Integrity
Commissioner under the Integrity Act
2009;
(d)
the Office of the Ombudsman
established under the Ombudsman Act
2001;
(e)
the audit office;
(ea)
the Electoral Commission of
Queensland established under the Electoral Act
1992;
(eb)
the Queensland Human Rights
Commission established under the Anti-Discrimination Act
1991;
(f)
another entity prescribed by
regulation for this paragraph.
(3)
Also, a referring entity can not ask for a
public sector review about an individual.
(4)
The notice under subsection (1) must state
the terms of reference for the public sector review,
including the timeframe within which the review is to be
completed.
(5)
If the reviewing entity is an
appropriately qualified person other than the commissioner
or a special commissioner, the reviewing entity may delegate
a function relating to the conduct of the review to another
appropriately qualified person.
Note—
See also sections 283 and 284.
255
Public sector review about public sector entity
(1)
This section applies if a public sector
entity is the subject of a public sector review.
(2)
Before asking a reviewing entity to
conduct the public sector review, the referring entity for
the review must—
(a)
consult with, and have regard
to the views of, the chief executive of the public
sector entity about the proposed terms of
reference for the review; and
(b)
inform the Minister
administering the public sector entity, and the
chief executive of the public sector entity, about
the review; and
(c)
give the chief executive of
the public sector entity an opportunity to
nominate a stated number of employees who are
employed in the entity to take part in the
review.
(3)
Nothing in this section prevents—
(a)
the Minister asking a
reviewing entity to conduct a public sector review
about a public sector entity administered by the
Minister; or
(b)
the council asking a reviewing
entity to conduct a public sector review about a
public sector entity for which a member of the
council is the chief executive.
Division 3
Functions and powers of
reviewing entity
256
How reviewing entity’s functions may be performed
The functions of the reviewing entity for a
public sector review must be performed consistently with the
referring entity’s terms of reference for the review.
Note—
See also sections 217 and 236.
257
Powers for conducting public sector review
(1)
The reviewing entity for a public sector
review may take any action reasonably required to conduct
the review.
(2)
Without limiting subsection (1), the
reviewing entity may do any of the following—
(a)
enter official premises of a
public sector entity at a reasonable time;
(b)
require the production of,
examine, copy, or take an extract from, any
official document in the possession of a public
sector entity;
(c)
interview employees of a
public sector entity;
(d)
interview anyone else who can
provide information relevant to the public sector
review.
Example for paragraph (d)—
employee organisations
(3)
The chief executive of a public sector
entity, and each other person employed in the public sector
entity, must provide the assistance reasonably required by
the reviewing entity to conduct the public sector review,
including, for example, giving the reviewing entity an
official document required under subsection (2)(b).
(4)
However, an individual need not answer a
question asked by, or give information to, the reviewing
entity if answering the question or giving the information
might tend to incriminate the individual or expose the
individual to a penalty.
(5)
In this section—
official document, in
the possession of a public sector entity, includes
an official document—
(a)
under the control of the
public sector entity, or that the entity is
entitled to access, whether or not created in the
entity; and
(b)
in the possession, or under
the control, of a person employed in the public
sector entity in the person’s official
capacity.
Division 4
Conduct of review
258
Referring entity to be kept informed
A reviewing entity must keep the referring
entity for a public sector review informed of the progress of
the review.
259
Referring entity may obtain information
(1)
If the referring entity for a public
sector review asks the reviewing entity for particular
information concerning a matter relating to the review, the
reviewing entity must—
(a)
comply with the request;
and
(b)
give the help the referring
entity needs to consider the information.
(2)
Information provided to the referring
entity under subsection (1) is
confidential.
260
Disclosure of documents or information
A person may disclose a document or
information to the reviewing entity for a public sector review
for the purpose of the review.
261
Reviewing entity to prepare report
(1)
The reviewing entity must prepare a report
for a public sector review.
(2)
The report must include—
(a)
a consideration of relevant
viewpoints and options to address the issues
covered by the report; and
(b)
the reviewing entity’s
findings and recommendations relating to the
issues; and
(c)
details of the how the review
was conducted, including, for example, details of
consultation undertaken during the review;
and
(d)
details of how the reviewing
entity kept the referring entity informed of the
progress of the review.
(3)
Subsection (4) applies
if—
(a)
the reviewing entity is the
commissioner or a special commissioner; and
(b)
the reviewing entity delegates
the reviewing entity’s function under subsection (1) to an
appropriately qualified staff member of the
commission.
(4)
The reviewing entity must approve the
report for the public sector review.
262
Procedure for reporting sensitive information
(1)
This section applies if the reviewing
entity for a public sector review considers that information
that would, apart from this section, be included in a report
for the review is sensitive information.
(2)
The reviewing entity need not include the
information in the report.
(3)
The reviewing entity may include the
information in a separate document given to the referring
entity.
(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 an entity’s commercial
interests.
2
The disclosure would reveal
trade secrets.
3
The disclosure would cause
damage to relations between the State government
and another government.
(b)
for which, in any judicial
proceeding, the State would have a basis for
claiming that disclosure should not be
permitted.
263
Reporting to referring entity
(1)
As soon as practicable after preparing a
report for a public sector review, the reviewing entity for
the review must give the referring entity the report.
(2)
The referring entity must give a copy of
the report to—
(a)
if a public sector entity is
the subject of the public sector review—
(i)
the Minister administering
the public sector entity; and
(ii)
the chief executive of the
public sector entity; and
(b)
anyone else the referring
entity considers appropriate.
(3)
If the referring entity is the Minister,
the Minister—
(a)
must table the report in the
Legislative Assembly; and
(b)
may publish the report in the
way the Minister considers appropriate.
(4)
If the referring entity is the council,
the council may publish the report, or a part of the report,
including any recommendations, in the way the council
considers appropriate.
(5)
However, the referring entity must remove
any confidential information from the report before the
report is tabled or published under subsection (3) or (4).
(6)
In this section—
confidential
information—
(a)
means personal information;
but
(b)
does not include information
that is publicly available unless further
disclosure of the information is prohibited by
law.
Part 9
Complaints management system
264
Public
sector entity must have complaints management system
(1)
A public sector entity must establish and
implement a system for dealing with customer complaints.
(2)
The system must—
(a)
provide for the public sector
entity to take responsibility for managing the
receipt, processing and outcome of customer
complaints; and
(b)
comply with any Australian
Standard about the handling of customer complaints
that is in effect from time to time; and
(c)
provide for giving notice of the
outcome of customer complaints to the complainant,
unless the complaint was made anonymously.
(3)
The chief executive of the public sector
entity must, before 30 September after the end of each financial
year, publish the following information for the financial year
on the entity’s website—
(a)
the number of customer complaints
received by the entity in the year;
(b)
the number of complaints mentioned
in paragraph (a)
resulting in further action;
(c)
the number of complaints mentioned
in paragraph (a)
resulting in no further action.
Note—
Details of customer complaints that are
human rights complaints must, under the Human Rights Act
2019, section 97, be included in the annual
reports of particular public sector entities.
(4)
In this section—
customer complaint means
a complaint about the service or action of a public
sector entity, or its staff, by a person who is
apparently directly affected by the service or
action.
Examples—
1
a complaint about a decision
made, or a failure to make a decision, by a public
sector employee of the public sector entity
2
a complaint about an act, or
failure to act, of the public sector entity
3
a complaint about the
formulation of a proposal or intention of the
public sector entity
4
a complaint about the making
of a recommendation by the public sector
entity
5
a complaint about the
customer service provided by a public sector
employee of the public sector entity
Part 10
Miscellaneous
265
Criminal history checks to confirm suitability for
appointment
(1)
To help decide whether a person is suitable to
be recommended for appointment as the commissioner, a special
commissioner or a community representative, 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 police commissioner has access.
(5)
If the criminal history of the person includes
a conviction recorded against the person, the police
commissioner’s report must be in writing.
(6)
The Minister must destroy the report as soon
as practicable after the decision has been made.
Chapter 7
Matters applying
to public service employees and other individuals
Part 1
Protection from civil liability
266
Main
purpose of part
(1)
The main purpose of this part is to give
public service employees protection from civil liability for
engaging in conduct in an official capacity.
(2)
This part also gives particular persons other
than public service employees protection from civil liability
for engaging in conduct in an official capacity.
267
Definition for part
In this part—
prescribed person see
section 268(1) and (2).
268
Application of part
(1)
This part applies to each of the following
persons (each a prescribed person)—
(a)
a public service employee;
(b)
a person employed as an associate
to a Supreme Court judge, District Court judge,
commissioner under the Industrial Relations Act
2016, or judge or member of
another court of record;
(c)
a person employed as a ministerial
staff member under the Ministerial and Other Office Holder
Staff Act 2010;
(d)
a person appointed under another
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 who is not a public
service employee but to whom a function or power of
a person mentioned in paragraph (a), (d) or (e) is delegated under an
Act;
(g)
a person prescribed by regulation
for this section to be a prescribed person.
(2)
Also, this part applies to a person (also a
prescribed person) who was a
person of a type mentioned in subsection (1) at the time the
person engaged in conduct in an official capacity.
(3)
However, none of the following is a prescribed
person—
(a)
a person appointed to an office
if—
(i)
the appointment to the
office is made by the Governor alone; or
(ii)
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
(iii)
the office is a particular
office established by an Act that expressly
provides for the appointment of the holder of an
office mentioned in subparagraph (ii);
or
(iv)
the office is
honorary;
(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 prescribed 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)
a person prescribed by regulation
for this section not to be a prescribed
person.
269
Civil
liability of prescribed person for engaging in conduct in official
capacity
(1)
A prescribed person does not incur civil
liability for engaging, or for the result of engaging, in
conduct in an official capacity.
(2)
If subsection (1) prevents
liability attaching to a prescribed person, the liability
attaches instead as follows—
(a)
if paragraph (b) does not
apply—to the State;
(b)
if, at the time the prescribed
person 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
or 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 prescribed person 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 prescribed person 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
prescribed person 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 prescribed person 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
(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 prescribed person.
Examples of types of liability—
1
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
2
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 prescribed person, including, for example, engage in
conduct under or purportedly under an Act.
Example
of a prescribed person engaging in conduct in an
official capacity—
a prescribed person making a
decision in relation to an application for a
licence
270
Civil
liability of prescribed person if another Act provides for protection
from civil liability
(1)
This section applies if—
(a)
another Act states a person does
not incur civil liability for conduct or the result
of conduct (however expressed), including, for
example, if the person acts honestly and without
negligence; and
(b)
the result of the application of
the other Act to conduct, or the result of conduct,
engaged in by the person is that the person would
not be protected from civil liability under the
other Act for the conduct or result; and
(c)
the person is a prescribed person
who would not, under section 269, incur civil
liability for the conduct or the result of the
conduct, but the State or a body corporate would be
liable in relation to the conduct or result.
(2)
Section 269 applies in relation to the
conduct, or the result of the conduct, despite the other Act but
does not limit the application of the other Act in relation to
any other liability of the person.
Part 2
Right to
reappointment after candidature in election
271
Definitions for part
In this part—
service with the State means
employment, in any capacity in—
(a)
the public service; or
(b)
the police service; or
(c)
any other office or position
under the State.
the State includes a board,
commission, commissioner, corporation, instrumentality or
other person representing the State.
272
Right
of reappointment
(1)
This section applies if—
(a)
a person held an office of service
with the State and the office was permanent (the
former office);
and
(b)
the person resigned from the
former office to become a candidate for election as
any of the following—
(i)
a member of the Legislative
Assembly;
(ii)
a senator or a member of the
House of Representatives of the Commonwealth
Parliament;
(iii)
a member of a house of
Parliament of another State; and
(c)
the person was a defeated
candidate at the election.
(2)
If the person resigned within 6 months before
the day the period for nomination of candidates in the election
ended, the person is entitled to be—
(a)
reappointed to the former office;
or
(b)
appointed to another permanent
office, whether of the same classification level or
a lower classification level as the former office,
within—
(i)
the entity in which the
person held the former office; or
(ii)
another entity that performs
substantially similar functions to the entity
mentioned in subparagraph (i).
(3)
However, the reappointment or appointment may
only be made if the person, within 2 months after the return of
the writ for the election, notifies the chief executive
responsible for the former office, or the chief executive of the
entity mentioned in subsection (2)(b), that the person intends to
exercise the person’s right to reappointment or appointment
under this section.
(4)
The chief executive mentioned in subsection (3) must reappoint or
appoint the person within 3 months after the return of the writ
for the election.
(5)
Despite this Act or another Act, the
recruitment and selection provisions do not apply for the
reappointment or appointment.
(6)
However, subsection (5) does not prevent
matters mentioned in the recruitment and selection provisions
from being considered in making a decision on the reappointment
or appointment.
(7)
In this section—
appoint includes
employ.
classification includes
rank or grade.
reappoint includes
re-employ.
recruitment and selection
provisions means—
(a)
chapter 3, part 3; or
(b)
if the former office of the
person was as a police officer—the Police Service Administration Act
1990, section 5.2.
273
Continuity of employment
(1)
This section applies if a person is appointed
or reappointed under section 272.
(2)
The continuity of the person’s service with
the State is taken not to have been broken by resignation from
the person’s former office.
(3)
However, the period during which the person’s
service with the State was interrupted by the resignation can
not be taken into account for working out the person’s total
period of service with the State.
Chapter 8
General
Part 1
Application of other Acts to particular public service entities
274
Other
Acts apply to particular public service entities as if entities were
departments
(1)
Another Act applies to a public service entity
mentioned in section 9(b) and its public service employees
as if—
(a)
the entity were a department;
and
(b)
the head of the entity were the
department’s chief executive.
(2)
Without limiting subsection (1), the head of the
entity has, for the entity’s public service employees, all of a
chief executive’s functions and powers.
(3)
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.
Part 2
Government entities
275
Purpose of part
The purpose of this part is to assist in the
transition to a simplified public sector framework by providing
for—
(a)
existing references to government
entities in other Acts; and
(b)
references to government entities in
chapter 6, part 2 and chapter 7, part 1.
276
What
is a government entity
(1)
An entity is a government entity if it
is—
(a)
a public service entity or part of
a public service entity; or
(b)
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
(c)
a part of an entity mentioned in
paragraph (b);
or
(d)
another entity, or part of another
entity, prescribed by regulation to be a government
entity; or
(e)
a registry or other administrative
office of a court of the State.
(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
established under the Parliamentary Service Act
1988;
(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;
(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 co-operative under the Co-operatives National Law
(Queensland) 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, prescribed by regulation not to be a
government entity.
Part 3
Confidentiality
277
Definitions for part
In this part—
confidential
information—
(a)
means personal information
about an individual but does not include—
(i)
statistical or other
information that could not reasonably be expected
to result in the identification of the individual;
or
(ii)
information that is publicly
available; and
(b)
for a reviewing
entity—includes protected information.
disclose includes give
access to.
protected information means
information about an entity, other than information about an
individual, that is obtained for a public sector review and
is not publicly available.
278
Duty
of confidentiality
(1)
This section applies to a person who—
(a)
is, or has been, any of the
following persons performing functions under or
relating to the administration of this Act—
(i)
a public sector
employee;
(ii)
a staff member of the
commission;
(iii)
a person to whom a function
of the commission under section 123 or 124 is delegated by the
commissioner;
(iv)
a reviewing entity;
(v)
a selection panel member;
and
(b)
in that capacity, acquired
confidential information or has access to, or
custody of, confidential information.
(2)
The person must not use or disclose the
confidential information to anyone else, other than under this
part.
Maximum penalty—100 penalty
units.
(3)
In this section—
selection panel member
means a member of a panel formed to make a
recommendation to the chief executive of a public sector
entity about employing a person under chapter 3, part 3 in the
entity.
279
Use or
disclosure for authorised purpose
The person may use or disclose the confidential
information as follows—
(a)
to the extent the use or disclosure is
required or permitted under this Act or another Act or
is necessary to perform the person’s functions under
this Act or another Act;
(b)
if the person to whom the information
relates is an adult—with the person’s consent;
(c)
if the person to whom the information
relates is a child—with the consent of a parent of the
child;
(d)
if the information is protected
information—with the consent of the entity to which the
information relates;
(e)
in compliance with lawful process
requiring production of documents or giving of evidence
before a court or tribunal;
(f)
if otherwise required or permitted
under another law.
Part 4
Delegation
280
Definition for part
In this part—
function includes
power.
281
Delegation of Minister’s functions
(1)
The Minister may delegate the Minister’s
functions under section 192 to the chairperson
of the council.
(2)
A function delegated under subsection (1) may not be
subdelegated.
282
Delegation of chief executive’s functions
(1)
The chief executive of a public service entity
may delegate the chief executive’s functions under this Act or
another Act to an appropriately qualified person.
(2)
The chief executive of a public sector entity
other than a public service entity may delegate the chief
executive’s functions under this Act to an appropriately
qualified person.
(3)
A delegation of a function may permit the
subdelegation of the function.
(4)
If a function is performed under another Act,
the power to delegate or subdelegate the function is subject to
the other Act.
283
Delegation of commissioner’s functions
(1)
The commissioner may delegate the
commissioner’s functions under this Act to an appropriately
qualified staff member of the commission.
(2)
The commissioner may also delegate the
following functions to an appropriately qualified entity—
(a)
a function under section 123;
(b)
a function under section 124, other
than the giving of a report under section 124(5)(b) that includes a
direction.
(3)
Despite subsections (1) and (2), the commissioner can not
delegate the following functions—
(a)
making a directive;
(b)
approving a report for a public
sector review.
284
Delegation of special commissioner’s functions
(1)
A special commissioner may delegate the
special commissioner’s functions under this Act to an
appropriately qualified staff member of the commission.
(2)
Despite subsection (1), a special
commissioner can not delegate the function of approving a report
for a public sector review.
Part 5
Miscellaneous
285
Effect
of Act on State
(1)
Subject to subsection (3), this Act binds
the State.
(2)
A person who employs another person under this
Act employs the person as the authorised agent of the
State.
(3)
The right or power of the State recognised at
common law to dispense with the services of a person is not
abrogated or restricted by any provision of this Act.
Note—
See chapter 3, part 11 for summary
dismissal and ending of employment.
286
Approved forms
The commissioner may approve forms for use under
this Act.
287
Regulation-making power
(1)
The Governor in Council may make regulations
under this Act.
(2)
A regulation may be made about—
(a)
the operation of a public sector
entity; or
(b)
the entitlements,
responsibilities, functions, powers or liabilities
of public sector employees; or
(c)
any matter that is permitted under
this Act to be provided for by a directive.
(3)
To the extent this section permits the making
of a regulation for remuneration and conditions of employment,
the section is to be administered by the industrial relations
Minister.
(4)
A regulation may provide for administration of
the regulation by a Minister other than the Minister.
288
Transitional regulation-making power
(1)
A regulation (a transitional regulation) may
make provision about a matter for which—
(a)
it is necessary to make provision
to allow or facilitate the doing of anything to
achieve the transition from the operation of the
repealed Act to the operation of this Act; and
(b)
this Act does not make provision
or sufficient provision.
(2)
A transitional regulation may have
retrospective operation to a day not earlier than the day this
section commences.
(3)
A transitional regulation must declare it is a
transitional regulation.
(4)
This section and any transitional regulation
expire on the day that is 2 years after the day this section
commences.
(5)
In this section—
repealed Act means the
repealed Public Service Act
2008.
Chapter 9
Repeal, savings
and transitional provisions
Part 1
Repeal
289
Repeal
The Public Service Act 2008, No. 38 is
repealed.
Part 2
Savings
and transitional provisions
Division 1
Preliminary
290
Definitions for part
In this part—
repealed Act means the
repealed Public Service Act
2008.
repealed regulation
means the repealed Public Service Regulation
2018.
291
Words have meanings given by repealed Act
Words defined in the repealed Act immediately
before its repeal and used in this part have the same meanings
as they had under the repealed Act.
Division 2
Savings
provisions
292
Definitions for division
In this division—
corresponding provision,
for a repealed provision, means a provision of this Act
that is substantially the same as or equivalent to the
repealed provision.
repealed provision means
a provision of the repealed Act.
293
Express references to principles of natural justice
(1)
This section applies if a provision of the
repealed Act expressly provided for an obligation to comply
with the principles of natural justice.
(2)
To remove any doubt, it is declared that,
if there is a corresponding provision for the repealed
provision, the omission of an express reference to the
principles of natural justice in the corresponding provision
does not limit or otherwise affect an obligation under the
corresponding provision to comply with procedural fairness
implied under the general law.
294
Express references to reasonably performing function or reasonably
exercising power
(1)
This section applies if a provision of the
repealed Act expressly provided for a function to be
performed reasonably or a power to be exercised
reasonably.
(2)
To remove any doubt, it is declared that,
if there is a corresponding provision for the repealed
provision, the omission of an express reference to an
obligation to perform the function reasonably or exercise
the power reasonably does not limit or otherwise affect an
obligation under the corresponding provision to perform the
function reasonably or exercise the power reasonably implied
under the general law.
Division 3
Public service
employees
295
Existing public service employees
(1)
This section applies to a person who,
immediately before the commencement, held an appointment or
employment as a public service employee.
(2)
The person continues to be a public
service employee under this Act on the same terms of
appointment or employment that applied to the person
immediately before the commencement.
(3)
If there is doubt about whether a person
is an existing public service employee, a chief executive
may, if the person asks, declare the person to be an
existing public service employee.
(4)
On the making of the declaration, subsections (1) and (2) are taken to have always
applied to the person.
296
Existing public service officers
(1)
This section applies to a person who,
immediately before the commencement, held an appointment or
employment as a public service officer.
(2)
The person continues to be a public
service officer under this Act on the same terms of
appointment or employment that applied to the person
immediately before the commencement.
(3)
If there is doubt about whether a person
is an existing public service officer, a chief executive
may, if the person asks, declare the person to be an
existing public service officer.
(4)
On the making of the declaration, subsections (1) and (2) are taken to have always
applied to the person.
297
Existing chief executives
(1)
This section applies to a person who,
immediately before the commencement, held an appointment as
a chief executive.
(2)
The person continues to be a chief
executive under this Act on the same terms of appointment
that applied to the person immediately before the
commencement.
298
Existing commission chief executive
(1)
This section applies to the person who,
immediately before the commencement, held appointment as the
commission chief executive.
(2)
From the commencement, the person is taken
to hold appointment as the commissioner under this Act on
the same terms of appointment as the commission chief
executive that applied to the person immediately before the
commencement.
299
Existing secondments, transfers or redeployments
(1)
This section applies to a person who,
immediately before the commencement, was subject to a
secondment, transfer or redeployment.
(2)
The secondment, transfer or redeployment
continues under this Act on the same terms that applied to
the person immediately before the commencement.
300
Existing requirements to disclose previous history of serious
disciplinary action
(1)
This section applies if, before the
commencement—
(a)
a chief executive of a
department proposed to appoint or second a person
to, or employ a person in, the department;
and
(b)
the chief executive required
the person, under the repealed Act, section 179A, to disclose to the
chief executive particulars of any serious
disciplinary action taken against the person;
and
(c)
the chief executive had not
decided whether to appoint, second or employ the
person.
(2)
From the commencement—
(a)
the repealed Act, section 179A, as in force
immediately before the commencement, continues to
apply in relation to the requirement despite the
repeal of that section by this Act; and
(b)
the chief executive may use
the information disclosed under the requirement in
making an assessment about the person’s
suitability for the appointment, secondment or
employment.
301
Existing work performance arrangements
(1)
This section applies to a person who,
immediately before the commencement, was subject to a work
performance arrangement made under the repealed Act, section 183.
(2)
From the commencement, the work
performance arrangement is taken to be a mobility
arrangement made under section 82.
302
Existing interchange arrangements
(1)
This section applies to a person who,
immediately before the commencement, was subject to an
interchange arrangement made under the repealed Act, section 184.
(2)
From the commencement, the interchange
arrangement is taken to be a mobility arrangement made under
section 82.
303
Existing consents to obtain criminal history
(1)
This section applies if—
(a)
before the commencement, a
person gave written consent to a chief executive
to obtain the person’s criminal history; and
(b)
immediately before the
commencement, the chief executive had not asked
the police commissioner for a written report about
the person’s criminal history.
(2)
From the commencement, the person is taken
to have given the person’s consent to obtain the person’s
criminal history under section 52 or 66.
304
Existing declarations of interest by chief executives
(1)
This section applies if—
(a)
before the commencement, a
chief executive gave a statement about the chief
executive’s interests under the repealed Act,
section 101; and
(b)
immediately before the
commencement, the statement was still in
effect.
(2)
From the commencement, the chief executive
is taken to have given the statement under section 182.
305
Existing declarations of interest by persons
(1)
This section applies if—
(a)
before the commencement, a
person gave a statement about the person’s
interests under the repealed Act, section 185; and
(b)
immediately before the
commencement, the statement was still in
effect.
(2)
From the commencement, the person is taken
to have given the statement under section 88.
306
Existing requirements to attend medical examination
(1)
This section applies if, before the
commencement, a chief executive required a person to submit
to a medical examination under the repealed Act, section 175.
(2)
From the commencement, the requirement is
taken to have been made under section 104.
(3)
To remove any doubt, it is declared that
chapter 3, part 8, division 5 applies in
relation to the person and the requirement.
Division 4
Directives
307
Existing directives by commission chief executive
(1)
This section applies to a directive (a
continued directive) made by
the commission chief executive that was in force under the
repealed Act immediately before the commencement.
(2)
The continued directive—
(a)
is taken to be a directive
made by the commissioner under this Act; and
(b)
may be read with the changes
necessary to give effect to paragraph (a);
and
(c)
may be amended or repealed by
the commissioner under this Act.
(3)
Despite subsection (2)(a) and (b), a
continued directive taken to be a directive made by the
commissioner under this Act applies only in relation to
entities and individuals to whom the continued directive
applied before the commencement.
(4)
To remove any doubt, it is declared that,
if a continued directive was in force as an applied ruling
within the meaning of the repealed regulation,
section 3(1)(b)(iv), the continued directive applies
only in relation to entities and individuals to whom the
continued directive applied under the repealed regulation
before the commencement.
308
Existing directives by industrial relations Minister
(1)
This section applies to a directive (a
continued directive) made by
the industrial relations Minister that was in force under
the repealed Act immediately before the commencement.
(2)
The continued directive—
(a)
is taken to be a directive
made by the industrial relations Minister under
this Act; and
(b)
may be read with the changes
necessary to give effect to paragraph (a);
and
(c)
may be amended or repealed by
the industrial relations Minister under this
Act.
(3)
Despite subsection (2)(a) and (b), a
continued directive taken to be a directive made by the
industrial relations Minister under this Act applies only in
relation to entities and individuals to whom the continued
directive applied before the commencement.
(4)
To remove any doubt, it is declared that,
if a continued directive was in force as an applied ruling
within the meaning of the repealed regulation,
section 3(1)(b)(iv), the continued directive applies
only in relation to entities and individuals to whom the
continued directive applied under the repealed regulation
before the commencement.
309
References to existing directives
A reference in another Act or a document to a
directive made under the repealed Act may, if the context
permits, be taken to be a reference to a directive made under
this Act.
Division 5
Delegations
310
Existing delegations by chief executives
(1)
This section applies if—
(a)
immediately before the
commencement, a delegation of a function or power
by a chief executive was in effect under the
repealed Act; and
(b)
under this Act, the chief
executive may delegate the function or power to
the person.
(2)
From the commencement, the delegation
continues to have effect as if it had been made under this
Act.
311
Existing delegations by commission chief executive
(1)
This section applies if—
(a)
immediately before the
commencement, a delegation of a function or power
by the commission chief executive was in effect
under the repealed Act; and
(b)
under this Act, the
commissioner may delegate the function or power to
the person.
(2)
From the commencement, the delegation
continues to have effect as if it had been made by the
commissioner under this Act.
Division 6
Disciplinary action and
suspension
312
Existing disciplinary action
(1)
This section applies if—
(a)
before the commencement, a
chief executive started to take disciplinary
action against a public service employee under the
repealed Act; and
(b)
immediately before the
commencement, the disciplinary action had not been
completed.
(2)
From the commencement, the disciplinary
action continues under this Act.
313
Existing disciplinary finding
(1)
This section applies if—
(a)
before the commencement, a
chief executive made a disciplinary finding
against a public service employee under the
repealed Act; and
(b)
immediately before the
commencement, any disciplinary action in relation
to the disciplinary finding had not been
completed.
(2)
From the commencement, the disciplinary
finding is taken to be a disciplinary finding under this
Act.
314
Disciplinary ground arising before commencement
Chapter 3, part 8, division 3
applies in relation to a disciplinary ground whether the
disciplinary ground arises before or after the commencement.
315
Existing suspensions
(1)
This section applies to a person who,
immediately before the commencement, was subject to a
suspension imposed under the repealed Act, section 137.
(2)
From the commencement, the suspension
continues under this Act on the same terms that applied to
the person immediately before the commencement.
316
Reason for suspension arising before commencement
A suspension may be imposed under
section 101 after the commencement whether the reason for
suspension arises before or after the commencement.
Division 7
Reviews and
appeals
317
Existing request to review employment status
(1)
This section applies if—
(a)
before the commencement, a
person asked a chief executive for a review of the
person’s employment status under the repealed Act,
section 149; and
(b)
immediately before the
commencement, the review had not been decided.
(2)
From the commencement—
(a)
the person is taken to have
made the request under section 113; and
(b)
the chief executive must
decide the request under section 114.
318
Existing review by chief executive of employment status
(1)
This section applies if—
(a)
before the commencement, the
chief executive started to review a person’s
employment status under the repealed Act, section 149B; and
(b)
immediately before the
commencement, the review had not been completed.
(2)
From the commencement, the chief executive
must complete the review under section 115.
319
Existing request to employ person at higher classification
level
(1)
This section applies if—
(a)
before the commencement, a
person asked a chief executive to appoint the
person to a position at a higher classification
level as a general employee on tenure or as a
public service officer under the repealed Act,
section 149C; and
(b)
immediately before the
commencement, the request had not been decided.
(2)
From the commencement—
(a)
the person is taken to have
made the request under section 120(1); and
(b)
the chief executive must
decide the request under section 120.
320
Existing review by commission of department’s handling of work
performance matters
(1)
This section applies if—
(a)
before the commencement, the
commission started to conduct a review mentioned
in the repealed Act, section 88I(2); and
(b)
immediately before the
commencement, the review had not been completed.
(2)
From the commencement, the commission must
complete the review under section 123.
321
Reason for review of work performance matter arising before
commencement
The commission may, after the commencement,
conduct a review under section 123 in relation to a public
sector entity’s handling of a work performance matter whether
the reason for the review arises before or after the
commencement.
322
Existing review by commission of procedural aspect of department’s
handling of current work performance matter
(1)
This section applies if—
(a)
before the commencement, the
commission started to conduct a review mentioned
in the repealed Act, section 88IA(4)(a); and
(b)
immediately before the
commencement, the review had not been completed.
(2)
From the commencement, the commission must
complete the review under section 124.
323
Reason for review of procedural aspect of public sector entity’s
handling of current work performance matter arising before
commencement
The commission may, after the commencement,
conduct a review under section 124 in relation to a
procedural aspect of a public sector entity’s handling of a
current work performance matter whether the reason for the
review arises before or after the commencement.
324
Existing appeal
(1)
This section applies if—
(a)
before the commencement, a
person appealed against a decision under the
repealed Act, section 194; and
(b)
immediately before the
commencement, the appeal had not been decided.
(2)
From the commencement, the appeal must be
heard and decided under chapter 3, part 10.
Division 8
Miscellaneous
325
Application of transitional provisions in relation to provisions
applied to public service offices
(1)
This section applies if a provision of the
repealed regulation provided that particular provisions of
the repealed Act (the applied provisions) applied
to a public service office, or person employed in the public
service office, as mentioned in section 23 of the repealed
Act.
(2)
To remove any doubt, it is declared that a
provision of this part relating to an applied provision
applies in relation to the entity, or person employed in the
entity.
326
References to repealed Act
A reference in an Act or a document to the
repealed Act may, if the context permits, be taken to be a
reference to this Act.
Chapter 10
Amendment of
Acts
Part 1
Amendment of this Act
327
Act
amended
This part amends this Act.
328
Amendment of long title
Long title, from ‘, and to amend’—
omit.
Part 2
Amendment of Ambulance
Service Act 1991
329
Act
amended
This part amends the Ambulance Service Act 1991.
Note—
See also the amendments in schedule 3.
330
Omission of s 13A (Requirement to disclose
previous history of serious disciplinary action)
Section 13A—
omit.
331
Omission of s 16 (No additional
remuneration)
Sections 16—
omit.
332
Omission of s 18 (Retrenchment and
redundancy)
Section 18—
omit.
333
Omission of pt 2, div 4 (Disciplinary action for
service officers and former service officers)
Part 2,
division 4—
omit.
334
Amendment of s 41 (Codes of
practice)
Section 41(1)(a), ‘,
discipline’—
omit.
335
Insertion of new pt 8, div 10
Part 8—
insert—
Division 10
Transitional
provisions for Public Sector Act 2022
106
Definition
for part
In this part—
former, for a
provision of this Act, means the provision as in
force immediately before the commencement.
107
Words have
meanings given by former provision
Words defined under a former
provision of this Act immediately before its repeal
and used in this division have the same meanings as
they had under the former provision.
108
Existing
requirement to disclose previous history of serious
disciplinary action
(1)
This section applies if,
before the commencement—
(a)
the chief executive proposed
to appoint or second a person; and
(b)
the chief executive required
the person, under former section 13A, to disclose
to the chief executive particulars of any serious
disciplinary action taken against the person;
and
(c)
the chief executive had not
decided whether to appoint or second the
person.
(2)
From the commencement—
(a)
former section 13A, as in
force immediately before the commencement,
continues to apply in relation to the requirement
despite the repeal of that section by the Public Sector Act
2022; and
(b)
the chief executive may use
the information disclosed under the requirement in
making an assessment about the person’s
suitability for the appointment or
secondment.
109
Existing
disciplinary action
(1)
This section applies if—
(a)
before the commencement, the
chief executive started to take disciplinary
action against a service officer or former service
officer under former part 2, division 4; and
(b)
immediately before the
commencement, the disciplinary action had not been
completed.
(2)
From the commencement, the
disciplinary action continues under the Public Sector Act
2022.
110
Existing
disciplinary finding
(1)
This section applies if—
(a)
before the commencement, the
chief executive made a disciplinary finding
against a service officer or former service
officer under former part 2, division 4; and
(b)
immediately before the
commencement, any disciplinary action in relation
to the disciplinary finding had not been
completed.
(2)
From the commencement, the
disciplinary finding is taken to be a disciplinary
finding under the Public Sector Act 2022.
111
Disciplinary ground arising before
commencement
The Public Sector Act 2022, chapter
3, part 8, division 3 applies in relation to a
disciplinary ground whether the disciplinary ground
arises before or after the commencement.
112
Disciplinary information obtained before
commencement
(1)
This section applies if,
before the commencement, the chief executive
obtained disciplinary information about a person
under former part 2, division 4.
(2)
From the commencement, the
disciplinary information is taken to be
information obtained under the Public Sector Act
2022, section 97.
113
Existing
suspensions
(1)
This section applies to a
service officer who, immediately before the
commencement, was subject to a suspension imposed
under former part 2, division 4.
(2)
From the commencement, the
suspension continues under the Public Sector Act
2022 on the same terms that
applied to the service officer immediately before
the commencement.
114
Reason for
suspension arising before commencement
A suspension may be imposed on a
service officer under the Public Sector Act 2022 after the
commencement whether the reason for the suspension
arises before or after the commencement.
336
Amendment of sch 1 (Dictionary)
Schedule 1,
definitions disciplinary action, disciplinary declaration, disciplinary finding, disciplinary ground, disciplinary law, former service office, prescribed employee, public sector disciplinary law and relevant employee—
omit.
Part 2A
Amendment of Anti-Discrimination Act 1991
336A
Act
amended
This part amends the Anti-Discrimination Act 1991.
Note—
See also the amendments in schedule 3.
336B
Insertion of new ch 9, pt 2
Chapter 9—
insert—
Part 2
Strategic
reviews
247
Strategic
review of commission
(1)
Strategic reviews of the
commission are to be conducted under this
part.
(2)
A strategic review is to be
conducted at least every 5 years, counting from
when the report (the earlier report) for
the most recent earlier strategic review was given
to the Minister and the commissioner under section
249(4), up to when the reviewer is appointed under
subsection (4) to undertake the latest strategic
review.
(3)
However, if the parliamentary
committee reported to the Legislative Assembly
about the earlier report, and the committee’s
report made recommendations to which a Minister
was required to respond under the Parliament of Queensland Act
2001, section 107, the 5 years is
counted from when the Minister’s response was
tabled under that section.
(4)
Each strategic review is to be
undertaken by an appropriately qualified person
(reviewer), appointed
by the Governor in Council, who is to give a
report on the review under section 249.
(5)
For subsection (4), a
corporation is an appropriately qualified person
if a director, employee or other staff member of
the corporation is appropriately qualified to
undertake the review.
(6)
The terms of reference for a
strategic review are to be decided by the Governor
in Council.
(7)
Before a reviewer is appointed
to conduct a strategic review, the Minister must
consult with the parliamentary committee and the
commissioner about—
(a)
the appointment of the
reviewer; and
(b)
the terms of reference for
the review.
(8)
The remuneration and other
terms of appointment of the reviewer are as
decided by the Governor in Council.
(9)
In this section—
strategic review
includes—
(a)
a review of the commission’s
functions; and
(b)
a review of the commission’s
performance of the functions to assess whether
they are being performed economically, effectively
and efficiently.
248
Conduct of
strategic review
In conducting a strategic
review—
(a)
the reviewer has the powers
an authorised auditor has under the Auditor-General Act
2009 for an audit of an entity;
and
(b)
that Act and other Acts
apply to the reviewer as if the reviewer were an
authorised auditor conducting an audit of an
entity.
249
Report of
strategic review
(1)
The reviewer for a strategic
review must give a copy of the proposed report on
the review to the Minister and the
commissioner.
(2)
The commissioner may, within
21 days after receiving the proposed report, give
the reviewer written comments on anything in the
proposed report.
(3)
If the commissioner comments
under subsection (2), the reviewer must—
(a)
if the reviewer and
commissioner can agree about how to dispose of a
comment—incorporate into the report any agreed
amendment necessary to dispose of the comment;
or
(b)
if the reviewer and
commissioner can not agree about how to dispose of
a comment—include the comment, in full, in the
report.
(4)
After complying with
subsections (1) and (3), the reviewer must give
the report (review report) to the
Minister and the commissioner.
(5)
The review report must be the
same as the proposed report given to the Minister
and the commissioner under subsection (1), apart
from the changes made under subsection (3).
(6)
The Minister must table the
review report in the Legislative Assembly within 3
sitting days after the Minister receives the
report.
(7)
For the Parliament of Queensland Act
2001, section 92(2), the report is referred to the
parliamentary committee.
336C
Insertion of new ch 11, pt 8
Chapter 11—
insert—
Part 8
Transitional
provision for Public Sector Act
2022
280
First
strategic review of commission after
commencement
Despite section 247(2), the first
strategic review of the commission under chapter 9,
part 2 is to be conducted within 4 years after the
commencement.
336D
Amendment of sch 1 (Dictionary)
Schedule 1—
insert—
parliamentary committee
means—
(a)
if the Legislative Assembly
resolves that a particular committee of the
Assembly is to be the parliamentary committee
under this Act—that committee; or
(b)
if paragraph (a) does not
apply and the standing rules and orders state that
the portfolio area of a portfolio committee
includes the commissioner—that committee; or
(c)
otherwise—the portfolio
committee whose portfolio area includes the
department, or the part of a department, in which
this Act is administered.
Part 3
Amendment of Corrective
Services Act 2006
337
Act
amended
This part amends the Corrective Services Act 2006.
Note—
See also the amendments in schedule 3.
338
Insertion of new s 217A
After section 217—
insert—
217A Parole Board
not public
sector entity
The parole board is prescribed not to
be a public sector entity for the Public Sector Act
2022, section 8(2)(s).
339
Amendment of s 285 (Appointing official
visitor)
Section 285—
insert—
(4)
The person is appointed under this Act
and not the Public Sector Act
2022.
(5)
The official visitor is prescribed not
to be a public sector employee for the Public Sector Act
2022, section 12(2)(g).
Part 4
Amendment of Crime and
Corruption Act 2001
340
Act
amended
This part amends the Crime
and Corruption Act 2001.
Note—
See also the amendments in schedule 3.
341
Insertion of new ss 221B–221D
After section 221A—
insert—
221B
Commission not
public sector entity
The commission is prescribed not to be
a public sector entity for the Public
Sector Act 2022, section
8(2)(s).
221C
Commission to
comply with obligations relating to equity, diversity,
respect and inclusion
The commission is prescribed for the
Public Sector Act
2022, section 25, definition
prescribed entity,
paragraph (c).
221D
Application of
provisions of Public Sector Act
2022
(1)
A regulation may—
(a)
apply particular provisions
of the Public Sector Act
2022, including, for example,
particular directives made under the Public Sector Act
2022, to the commission and
commission officers; and
(b)
provide for the way in which
the provisions mentioned in paragraph (a) are to
apply, including, for example, that they apply
with or without change.
(2)
Before recommending to the
Governor in Council the making of a regulation under
subsection (1), the Minister must consult with the
chief executive officer about the proposed
regulation.
(3)
If a regulation is made under
subsection (1)—
(a)
the Public Sector Act 2022 applies to
the commission and commission officers only to the
extent provided for under the regulation;
and
(b)
the Public Sector Act 2022 applies in
the way mentioned in paragraph (a) with necessary
changes.
(4)
Also, a regulation may prescribe
anything necessary or convenient to be
prescribed—
(a)
to enable a regulation under
subsection (1) to be made; or
(b)
to carry out or give effect
to a regulation made under subsection (1);
or
(c)
because of the making of a
regulation under subsection (1), including, for
example, the portability of employment rights and
entitlements.
Part 4A
Amendment of Electoral Act
1992
341A
Act
amended
This part amends the Electoral Act 1992.
Note—
See also the amendments in schedule 3.
341B
Insertion of new pt 2, div 4
Part 2—
insert—
Division 4
Strategic
reviews
33A
Strategic
review of commission and commissioners
(1)
Strategic reviews of the
commission and commissioners are to be conducted
under this division.
(2)
A strategic review is to be
conducted at least every 5 years, counting from
when the report (the earlier report) for
the most recent earlier strategic review was given
to the Minister and the electoral commissioner
under section 33C(4), up to when the reviewer is
appointed under subsection (4) to undertake the
latest strategic review.
(3)
However, if the parliamentary
committee reported to the Legislative Assembly
about the earlier report, and the committee’s
report made recommendations to which a Minister
was required to respond under the Parliament of Queensland Act
2001, section 107, the
5 years is counted from when the Minister’s
response was tabled under that section.
(4)
Each strategic review is to be
undertaken by an appropriately qualified person
(reviewer), appointed
by the Governor in Council, who is to give a
report on the review under section 33C.
(5)
For subsection (4), a
corporation is an appropriately qualified person
if a director, employee or other staff member of
the corporation is appropriately qualified to
undertake the review.
(6)
The terms of reference for a
strategic review are to be decided by the Governor
in Council.
(7)
Before a reviewer is appointed
to conduct a strategic review, the Minister must
consult with the parliamentary committee and the
electoral commissioner about—
(a)
the appointment of the
reviewer; and
(b)
the terms of reference for
the review.
(8)
The remuneration and other
terms of appointment of the reviewer are as
decided by the Governor in Council.
(9)
In this section—
strategic review
includes—
(a)
a review of the functions of
the commission and commissioners; and
(b)
a review of the performance
of the functions of the commission and
commissioners to assess whether they are being
performed economically, effectively and
efficiently.
33B
Conduct of
strategic review
In conducting a strategic
review—
(a)
the reviewer has the powers
an authorised auditor has under the Auditor-General Act
2009 for an audit of an entity;
and
(b)
that Act and other Acts
apply to the reviewer as if the reviewer were an
authorised auditor conducting an audit of an
entity.
33C
Report of
strategic review
(1)
The reviewer for a strategic
review must give a copy of the proposed report on
the review to the Minister and the electoral
commissioner.
(2)
The electoral commissioner
may, within 21 days after receiving the proposed
report, give the reviewer written comments on
anything in the proposed report.
(3)
If the electoral commissioner
comments under subsection (2), the reviewer
must—
(a)
if the reviewer and
electoral commissioner can agree about how to
dispose of a comment—incorporate into the report
any agreed amendment necessary to dispose of the
comment; or
(b)
if the reviewer and
electoral commissioner can not agree about how to
dispose of a comment—include the comment, in full,
in the report.
(4)
After complying with
subsections (1) and (3), the reviewer must give
the report (review report) to the
Minister and the electoral commissioner.
(5)
The review report must be the
same as the proposed report given to the Minister
and the electoral commissioner under subsection
(1), apart from the changes made under subsection
(3).
(6)
The Minister must table the
review report in the Legislative Assembly within 3
sitting days after the Minister receives the
report.
(7)
For the Parliament of Queensland Act
2001, section 92(2), the report is referred to the
parliamentary committee.
33D
Power of
Minister to postpone strategic review
(1)
The Minister may postpone a
strategic review to be conducted under this
division by not more than 2 years starting at the
end of the 5-year period counted under section
33A(2) or (3).
(2)
The Minister may exercise the
power under subsection (1) only if the
Minister—
(a)
is satisfied the
postponement is necessary having regard to the
commission’s functions in conducting a general
election or a quadrennial election; and
(b)
has consulted with, and had
regard to the views of, the electoral commissioner
and the parliamentary committee about the
postponement and the length of the
postponement.
(3)
The Minister may exercise the
power under subsection (1) only once in each
5-year period counted under section 33A(2) or
(3).
(4)
If the Minister exercises the
power under subsection (1), the Minister must
table a notice stating—
(a)
the length of the
postponement; and
(b)
the reasons for the
postponement.
(5)
The Minister must table the
notice before the end of the 5-year period counted
under section 33A(2) or (3).
(6)
In this section—
quadrennial election
see the Local Government Electoral Act
2011, schedule 2.
341C
Insertion of new pt 13, div 12
Part 13—
insert—
Division 12
Transitional
provision for Public Sector Act
2022
450
First
strategic review of commission and commissioners after
commencement
(1)
Despite section 33A(2), the
first strategic review of the commission and
commissioners under part 2, division 4 is to be
conducted within 12 months after the day the writ
is returned for the first general election after
the commencement.
(2)
The power of the Minister to
postpone a strategic review under section 33D
applies to the first strategic review mentioned in
subsection (1).
Part 5
Amendment of Fire and
Emergency Services Act 1990
342
Act
amended
This part amends the Fire
and Emergency Services Act 1990.
Note—
See also the amendments in schedule 3.
343
Omission of ss 25B and 25C
Sections 25B
and 25C—
omit.
344
Amendment of s 26 (Conditions of
employment)
Section 26—
insert—
(3)
Also, if a directive made under the
Public Sector Act
2022 applies to a person employed
under section 25 and the directive is inconsistent with
the determination of the commissioner under subsection
(1), the directive applies to the extent of the
inconsistency.
345
Omission of s 27 (Additional
remuneration)
Section 27—
omit.
346
Amendment of s 28 (Retirement)
Section 28(2) to (5)—
omit.
347
Omission of s 29 (Retrenchment)
Section 29—
omit.
348
Omission of ch 3, pt 4, div 3 (Disciplinary
action)
Part 4,
division 3—
omit.
349
Insertion of new ch 5, pt 5, div 10
Chapter 5,
part 5—
insert—
Division 10
Transitional
provisions for Public Sector Act 2022
211
Definition
for division
In this division—
former, for a
provision of this Act, means the provision as in
force immediately before the commencement.
212
Words have
meanings given by former provision
Words defined under a former
provision of this Act immediately before its repeal
and used in this division have the same meanings as
they had under the former provision.
213
Existing
disciplinary action
(1)
This section applies if—
(a)
before the commencement, the
commissioner started to take disciplinary action
against a fire service officer or former fire
service officer under former chapter 3, part 4,
division 3; and
(b)
immediately before the
commencement, the disciplinary action had not been
completed.
(2)
From the commencement, the
disciplinary action continues under the Public Sector Act
2022.
214
Existing
disciplinary finding
(1)
This section applies if—
(a)
before the commencement, the
commissioner made a disciplinary finding against a
fire service officer or former fire service
officer under former chapter 3, part 4, division
3; and
(b)
immediately before the
commencement, any disciplinary action in relation
to the disciplinary finding had not been
completed.
(2)
From the commencement, the
disciplinary finding is taken to be a disciplinary
finding under the Public Sector Act 2022.
215
Disciplinary ground arising before
commencement
The Public Sector Act 2022, chapter
3, part 8, division 3 applies in relation to a
disciplinary ground whether the disciplinary ground
arises before or after the commencement.
216
Existing
requirement to disclose previous history of serious
disciplinary action
(1)
This section applies if,
before the commencement—
(a)
the commissioner proposed to
employ or second a person; and
(b)
the commissioner required
the person, under former section 25B or 25C, to
disclose to the commissioner particulars of any
serious disciplinary action taken against the
person; and
(c)
the commissioner had not
decided whether to employ or second the
person.
(2)
From the commencement—
(a)
former section 25B or 25C,
as in force immediately before the commencement,
continues to apply in relation to the requirement
despite the repeal of that section by the Public Sector Act
2022; and
(b)
the commissioner may use the
information disclosed under the requirement in
making an assessment about the person’s
suitability for the employment or
secondment.
217
Disciplinary information obtained before
commencement
(1)
This section applies if,
before the commencement, the commissioner obtained
disciplinary information about a person under
former chapter 3, part 4, division 3, subdivision
4.
(2)
From the commencement, the
disciplinary information is taken to be
information obtained under the Public Sector Act
2022, section 97.
218
Existing
suspensions
(1)
This section applies to a fire
service officer who, immediately before the
commencement, was subject to a suspension imposed
under former section 32.
(2)
From the commencement, the
suspension continues under the Public Sector Act
2022 on the same terms that
applied to the fire service officer immediately
before the commencement.
219
Reason for
suspension arising before commencement
A suspension may be imposed on a
fire service officer under the Public Sector Act
2022 after the commencement
whether the reason for the suspension arises before
or after the commencement.
220
Existing
requirement to attend medical examination
(1)
This section applies if,
before the commencement, the commissioner formed a
suspicion mentioned in former section 28(2) and
was required to obtain medical opinion on a fire
service officer’s condition.
(2)
Former section 28 continues to
apply in relation to the commissioner and the fire
service officer despite the commencement of the
Public Sector Act
2022.
350
Amendment of sch 6 (Dictionary)
Schedule 6,
definitions disciplinary action, disciplinary declaration, disciplinary finding, disciplinary ground, disciplinary law, former fire service officer, prescribed employee, public sector disciplinary law, relevant employee and serious disciplinary action—
omit.
Part 6
Amendment of Legal Aid
Queensland Act 1997
351
Act
amended
This part amends the Legal
Aid Queensland Act 1997.
Note—
See also the amendments in schedule 3.
352
Insertion of new ss 42A and
42B
After section 42—
insert—
42A
Legal Aid not
public sector entity
Legal Aid is prescribed not to be a
public sector entity for the Public
Sector Act 2022, section
8(2)(s).
42B
Application of
provisions of Public Sector Act
2022
(1)
A regulation may—
(a)
apply particular provisions
of the Public Sector Act
2022, including, for example,
particular directives made under the Public Sector Act
2022, to Legal Aid, its chief
executive officer and employees; and
(b)
provide for the way in which
the provisions mentioned in paragraph (a) are to
apply, including, for example, that they apply
with or without change.
(2)
Before recommending to the Governor in
Council the making of a regulation under subsection (1),
the Minister must consult with the chief executive
officer about the proposed regulation.
(3)
If a regulation is made under
subsection (1)—
(a)
the Public Sector Act 2022 applies to
Legal Aid, its chief executive officer and
employees only to the extent provided for under
the regulation; and
(b)
the Public Sector Act 2022 applies in
the way mentioned in paragraph (a) with necessary
changes.
(4)
Also, a regulation may prescribe
anything necessary or convenient to be prescribed—
(a)
to enable a regulation under
subsection (1) to be made; or
(b)
to carry out or give effect
to a regulation made under subsection (1);
or
(c)
because of the making of a
regulation under subsection (1), including, for
example, the portability of employment rights and
entitlements.
Part 7
Amendment of Ombudsman Act
2001
353
Act
amended
This part amends the Ombudsman Act 2001.
Note—
See also the amendments in schedule 3.
354
Insertion of new ss 75A–75C
After section 75—
insert—
75A
Ombudsman
office not public sector entity
The ombudsman office is prescribed not
to be a public sector entity for the Public Sector Act
2022, section 8(2)(s).
75B
Ombudsman
office to comply with obligations relating to equity,
diversity, respect and inclusion
The ombudsman office is prescribed for
the Public Sector Act
2022, section 25, definition
prescribed entity,
paragraph (c).
75C
Application of
provisions of Public Sector Act
2022
(1)
A regulation may—
(a)
apply particular provisions
of the Public Sector Act
2022, including, for example,
particular directives made under the Public Sector Act
2022, to the ombudsman office, the
ombudsman and officers of the ombudsman; and
(b)
provide for the way in which
the provisions mentioned in paragraph (a) are to
apply, including, for example, that they apply
with or without change.
(2)
Before recommending to the
Governor in Council the making of a regulation under
subsection (1), the Minister must consult with the
ombudsman about the proposed regulation.
(3)
If a regulation is made under
subsection (1)—
(a)
the Public Sector Act 2022 applies to
the ombudsman office, the ombudsman and officers
of the ombudsman only to the extent provided for
under the regulation; and
(b)
the Public Sector Act 2022 applies in
the way mentioned in paragraph (a) with necessary
changes.
(4)
Also, a regulation may prescribe
anything necessary or convenient to be
prescribed—
(a)
to enable a regulation under
subsection (1) to be made; or
(b)
to carry out or give effect
to a regulation made under subsection (1);
or
(c)
because of the making of a
regulation under subsection (1), including, for
example, the portability of employment rights and
entitlements.
Part 8
Amendment of Supreme Court
Library Act 1968
355
Act
amended
This part amends the Supreme Court Library Act 1968.
Note—
See also the amendments in schedule 3.
356
Insertion of new s 3A
After section 3—
insert—
3A
Committee not
public sector entity
The committee is prescribed not to be
a public sector entity for the Public
Sector Act 2022, section
8(2)(s).
Part 9
Amendment of TAFE
Queensland Act 2013
357
Act
amended
This part amends the TAFE
Queensland Act 2013.
Note—
See also the amendments in schedule 3.
358
Omission of ss 30 and 31
Sections 30
and 31—
omit.
359
Amendment of s 40 (Content of
plan)
Section 40(h), from ‘work
performance arrangements’—
omit, insert—
mobility arrangements, or as
employees;
360
Amendment of s 60 (Delegation by TAFE
Queensland)
Section 60(d), from ‘work
performance arrangement’—
omit, insert—
mobility arrangement.
361
Amendment of s 61 (Delegation by chief
executive officer)
Section 61(b), from ‘work
performance arrangement’—
omit, insert—
mobility arrangement.
362
Amendment of s 65 (Protection from
liability)
(1)
Section 65(1)(f), ‘work
performance arrangement’—
omit, insert—
mobility arrangement.
(2)
Section 65(1)(g)—
omit.
363
Insertion of new pt 6, div 3
Part 6—
insert—
Division 3
Transitional
provisions for Public Sector Act 2022
71
Definition
for division
In this division—
former, for a
provision of this Act, means the provision as in
force immediately before the commencement.
72
Existing
work performance arrangements
(1)
This section applies to a
person who, immediately before the commencement,
was subject to a work performance arrangement made
under former section 30.
(2)
From the commencement, the
work performance arrangement is taken to be a
mobility arrangement.
73
Existing
interchange arrangements
(1)
This section applies to a
person who, immediately before the commencement,
was subject to an interchange arrangement made
under former section 31.
(2)
From the commencement, the
interchange arrangement is taken to be a mobility
arrangement.
364
Amendment of sch 1 (Dictionary)
(1)
Schedule 1, definitions interchange arrangement and work performance arrangement—
omit.
(2)
Schedule 1—
insert—
mobility arrangement
means a mobility arrangement under the Public Sector Act
2022, section 82.
Chapter 11
Other
amendments
365
Acts
amended
Schedule 3 amends the Acts it mentions.
Schedule 1
Public service
entities under section 9(b)
section 9(b)
Public service entity
Head
audit office
auditor-general
Building and Construction Industry
(Portable Long Service Leave) Authority under the
Building and Construction Industry
(Portable Long Service Leave) Act
1991
general manager
Electoral Commission of Queensland
under the Electoral Act
1992
electoral commissioner
Family Responsibilities Commission
Registry under the Family Responsibilities Commission
Act 2008
commissioner under the Family Responsibilities Commission
Act 2008
Gasfields Commission
chief executive officer under the
Gasfields Commission Act
2013
Gold Coast Waterways Authority under
the Gold Coast Waterways Authority Act
2012
chief executive officer under the
Gold Coast Waterways Authority Act
2012
Health and Wellbeing Queensland under
the Health and Wellbeing Queensland Act
2019
chief executive officer under the
Health and Wellbeing Queensland Act
2019
Industrial Registry under the Industrial Relations Act
2016
registrar
Land Tribunal under the Aboriginal Land Act
1991
chairperson of the tribunal
Mental Health Review Tribunal under
the Mental Health Act
2016
president of the tribunal
Office of the Commissioner under the
Meriba Omasker Kaziw Kazipa (Torres
Strait Islander Traditional Child Rearing
Practice) Act 2020
commissioner under the Meriba Omasker Kaziw Kazipa (Torres
Strait Islander Traditional Child Rearing
Practice) Act 2020
Office of the Director of Child
Protection Litigation under the Director of Child Protection
Litigation Act 2016
Director of Child Protection
Litigation
Office of the Energy and Water
Ombudsman under the Energy and Water Ombudsman Act
2006
energy and water ombudsman
Office of the Health Ombudsman under
the Health Ombudsman Act
2013
health ombudsman
Office of the Independent Assessor
under the Local Government Act
2009
Independent Assessor
Office of the Information
Commissioner
information commissioner
Office of the Inspector-General of
Emergency Management under the Disaster Management Act
2003
Inspector-General of Emergency
Management
Office of the Land Access Ombudsman
under the Land Access Ombudsman Act
2017
land access ombudsman
Office of the Prostitution Licensing
Authority under the Prostitution Act
1999
executive director
Office of the public guardian under
the Public Guardian Act
2014
public guardian
Office of the Queensland College of
Teachers under the Education (Queensland College of
Teachers) Act 2005
director of the office
Office of the Queensland Parliamentary
Counsel under the Legislative Standards Act
1992
parliamentary counsel
Office of the training ombudsman under
the Further Education and Training Act
2014
training ombudsman
Office of the WHS Prosecutor under the
Work Health and Safety Act
2011
Work Health and Safety
Prosecutor
Public Sector Commission
Public Sector Commissioner
Public Trust Office under the Public Trustee Act
1978
public trustee
Queensland Curriculum and Assessment
Authority under the Education (Queensland Curriculum
and Assessment Authority) Act
2014
chief executive officer
Queensland Family and Child Commission
under the Family and Child Commission Act
2014
principal commissioner under the
Family and Child Commission Act
2014
Queensland Human Rights Commission
under the Anti-Discrimination Act
1991
Human Rights Commissioner
Queensland Mental Health Commission
under the Queensland Mental Health Commission
Act 2013
Mental Health Commissioner
Queensland Racing Integrity Commission
under the Racing Integrity Act
2016
Racing Integrity Commissioner
Queensland Reconstruction Authority
under the Queensland Reconstruction Authority
Act 2011
chief executive officer
Resources Safety and Health Queensland
employing office under the Resources Safety and Health
Queensland Act 2020
executive officer of the Resources
Safety and Health Queensland employing office under the
Resources Safety and Health
Queensland Act 2020
Schedule 2
Dictionary
section 6
approved form see section 286.
approved leave means leave approved under an Act or
industrial instrument.
audit
office means the Queensland Audit Office under the Auditor-General Act 2009.
auditor-general means the Queensland Auditor-General
under the Auditor-General Act 2009.
casual employee means—
(a)
a person employed on a casual basis under
section 149(2)(c); or
(b)
a person employed under section 151.
CCC
employee means—
(a)
a senior executive officer employed under
the Crime and Corruption Act
2001, section 245; or
(b)
a person employed under the Crime and Corruption Act
2001, section 254 or seconded under the Crime and Corruption Act
2001, section 255; or
(c)
a person engaged under the Crime and Corruption Act
2001, section 256.
chapter 2 special commissioner, for chapter 2, see section 25.
chief
executive—
(a)
in relation to a public sector entity,
generally—see section 16; and
(b)
of a public sector employee—see section 17; and
(c)
of a prescribed entity, for chapter 2—see section 25.
child-related duty see section 57.
commission see section 204.
commissioner see section 212(1).
confidential information, for chapter 8, part 3, see section 277.
continuously employed, for chapter 3, part 9, division 1, see section 111.
contract for a fixed term means a contract that ends on a
stated day, whether or not the contract also provides for its
termination by a party giving to the other party a particular period of
notice of termination.
conversion decision, for chapter 3, part 10, see section 129.
council see section 240.
criminal history see the Criminal
Law (Rehabilitation of Offenders) Act 1986,
section 3.
cultural capability, for chapter 1, part 3, see section 20.
culture of respect and inclusion, for chapter 2, in relation to a prescribed
entity’s workplace, see section 32.
department see section 10.
directive means a directive made under section 222 or 223.
directive decision, for chapter 3, part 10, see section 129.
disciplinary action see section 92.
disciplinary decision, for chapter 3, part 10, see section 129.
disciplinary declaration—
(a)
for a disciplinary declaration made under
a public sector disciplinary law, means—
(i)
a disciplinary declaration
made under—
(A)
section 95(7); or
(B)
the Police Service Administration Act
1990, section 7A.2(2); or
(C)
the repealed Misconduct Tribunals Act
1997 or the QCAT Act; or
(D)
the Crime and Corruption Act
2001, section 273D; or
(ii)
a declaration under another
public sector disciplinary law that states the
disciplinary action that would have been taken
against the person if the person’s employment had
not ended; or
(b)
otherwise, means a disciplinary
declaration made under section 95(7).
disciplinary finding see section 90.
disciplinary ground see section 90.
disciplinary law means—
(a)
this Act; or
(b)
a disciplinary provision of an industrial
instrument; or
(c)
for a public sector employee mentioned in
section 12(1)(b)—another Act or law under
which the employee may be disciplined; or
(d)
another Act or law prescribed by
regulation.
disclose—
(a)
for chapter 6, part 8, see section 252; or
(b)
for chapter 8, part 3, see section 277.
disqualified person means a person who—
(a)
holds office as any of the
following—
(i)
the auditor-general;
(ii)
the ombudsman;
(iii)
the Queensland Integrity
Commissioner under the Integrity Act
2009;
(iv)
any commission officer under
the Crime and Corruption Act
2001;
(v)
the information commissioner
under the Right to Information Act
2009;
(vi)
the RTI commissioner under the
Right to Information Act
2009;
(vii)
the privacy commissioner under
the Information Privacy Act
2009; or
(b)
has a conviction, other than a spent
conviction, for an indictable offence; or
(c)
is an insolvent under administration;
or
(d)
is disqualified from managing corporations
because of the Corporations
Act, part 2D.6.
diversity target group see section 25.
employ, a person as a public sector employee—
(a)
generally—includes—
(i)
for a public sector
employee—appoint the employee; and
(ii)
for a public service
officer—promote, transfer or redeploy the officer;
and
(b)
for chapter 3, part 3, see section 42.
employee, for chapter 2, see section 25.
employee organisation see the Industrial Relations Act 2016, schedule 5.
engage, a person as a public sector employee, for chapter 3, part 5, see section 48.
equity and diversity audit, for chapter 2, see section 29(1).
equity and diversity plan, for chapter 2, see section 28(1).
equity and diversity report, for chapter 2, see section 29(3).
excluded matter, for chapter 3, part 10, division 4, see section 140(1).
fair
treatment decision, for chapter 3, part 10, see section 129.
fixed
term temporary employee means—
(a)
a person employed on a temporary basis for
a fixed term under section 149(2)(b); or
(b)
a person employed under section 150.
former public sector employee means a public sector
employee whose employment ends for any reason after a disciplinary
ground arises.
function, for chapter 8, part 4, see section 280.
general employee see section 149(1).
government entity see section 276.
head, of a public service entity mentioned in section 9(b), means the head of the entity mentioned in schedule 1.
higher classification level means a classification level
that is a higher classification level under a directive.
industrial instrument see the Industrial Relations Act 2016, schedule 5.
industrial relations Minister means the Minister
administering the Industrial Relations Act 2016.
IRC means the industrial relations commission under the
Industrial Relations Act 2016.
lower
classification level means a classification level that is
a lower classification level under a directive.
member, of the council, see section 241.
Minister, of a chief executive of a department—
(a)
for chapter 5, part 2, division 3, see section 176; or
(b)
for chapter 5, part 2, division 4, see section 180.
mobility arrangement see section 82.
negative notice, for chapter 3, part 5, division 3, see section 56.
non-industrial instrument employee means a person who
works as a public sector employee other than under an industrial
instrument.
non-permanent basis, in relation to employment, means a
basis other than permanent, including, for example, casual or
temporary.
normal remuneration, for a public sector employee, means
all of the remuneration and other entitlements, other than overtime, to
which the employee is or would be entitled, worked out on the basis
of—
(a)
the ordinary working hours worked by the
employee; and
(b)
the amounts payable to the employee for
the ordinary working hours worked by the employee,
including, for example, allowances, loadings and penalties;
and
(c)
any other amounts payable under the
employee’s employment contract.
notice means written notice.
overall employment conditions means remuneration and
conditions of employment.
permanent basis, in relation to employment, includes
employment on tenure.
personal information see the Information Privacy Act 2009, section 12.
police commissioner means the commissioner of the police
service under the Police
Service Administration Act 1990.
police service means the Queensland Police Service under
the Police
Service Administration Act 1990.
positive performance management principles see section 85(1).
prescribed duty, for chapter 3, part 5, division 4, see section 63.
prescribed entity—
(a)
for chapter 1, part 3, division 3, see section 22; or
(b)
for chapter 2, see section 25.
prescribed person, for chapter 7, part 1, see section 268(1) and (2).
promote, a public sector employee, means employ the
employee at a higher classification level, whether or not on different
duties, other than temporarily.
promotion decision, for chapter 3, part 10, see section 129.
protected information, for chapter 8, part 3, see section 277.
public sector see section 7.
public sector disciplinary law means—
(a)
this Act or any repealed Act regulating
the public service; or
(b)
the Police Service Administration Act
1990 or any repealed Act regulating
police; or
(c)
the repealed Misconduct Tribunals Act
1997 or the QCAT Act; or
(d)
the Crime and Corruption Act
2001; or
(e)
a disciplinary provision of an industrial
instrument; or
(f)
for a public sector employee mentioned in
section 12(1)(b)—another Act or law under
which the employee may be disciplined; or
(g)
another Act or law prescribed by
regulation.
public sector employee—
(a)
generally—see section 12; and
(b)
for chapter 3, part 9, division 3, see section 122.
public sector entity—
(a)
generally—see section 8; and
(b)
for chapter 6, part 8, see section 252.
public sector executive means a public sector employee
mentioned in section 12(1)(b) whose remuneration is at least the remuneration of a
senior officer and who is a non-industrial instrument employee.
public sector manager means a public sector employee
whose duties involve or include managing other public sector employees
in the carrying out of their duties.
public sector principles see section 39.
public sector review see section 253.
public service see section 11.
public service employee see section 13.
public service entity see section 9.
public service officer see section 14.
redeploy, a public sector employee, means employ the
employee at a lower classification level, whether or not on different
duties or at a different location, other than temporarily.
referring entity, for a public sector review, for chapter 6, part 8, see section 254(1).
reframing entity, for chapter 1, part 3, see section 20.
registered teacher, for chapter 3, part 5, division 3, see section 56.
regulated employment see the Working
with Children (Risk Management and Screening) Act
2000, section 156.
relevant duty see section 50.
remuneration includes salary.
reviewing entity see section 252.
same
classification level means a classification level that is
the same classification level under a directive.
second—
(a)
a public sector employee, means
temporarily employ the employee—
(i)
on different duties at the
same classification level; or
(ii)
at a higher classification
level or lower classification level; and
(b)
a public sector employee, for chapter 3, part 9, division 2, see section 118.
senior executive means a person employed under section 188 as a senior executive.
senior officer means a person employed under section 152 as a senior officer.
serious disciplinary action see section 70.
service with the State, for chapter 7, part 2, see section 271.
special commissioner means a person appointed under
section 230.
spent
conviction means a conviction—
(a)
for which the rehabilitation period under
the Criminal Law (Rehabilitation of
Offenders) Act 1986 has expired
under that Act; and
(b)
that is not revived as prescribed by
section 11 of that Act.
staff
member, of the commission, means a person employed by the
commissioner as mentioned in section 209.
suitability directive, for chapter 3, part 5, see section 48.
suspension without pay decision, for chapter 3, part 10, see section 129.
take, disciplinary action, for chapter 3, part 8, division 3, see section 90.
temporarily means for a period limited by time, whether
or not the time has been fixed.
the
State, for chapter 7, part 2, see section 271.
transfer, a public sector employee, means employ the
employee at the same classification level, on different duties or at a
different location, other than temporarily.
transfer decision, for chapter 3, part 10, see section 129.
unlawful discrimination, for chapter 2, see section 25.
work
performance and personal conduct principles see section 40.
work
performance direction decision, for chapter 3, part 10, see section 129.
work
performance information directive, for chapter 3, part 9, division 3, see section 122.
work
performance matter, for chapter 3, part 9, division 3, see section 122.
Schedule 3
Other
amendments
section 365
Aboriginal and Torres Strait
Islander Communities (Justice, Land and Other Matters) Act
1984
1
Section 60R(3)(b), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Aboriginal Land Act
1991
1
Sections 205(3) and 243, ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
2
Section 243,
heading, ‘Public Service
Act 2008’—
omit, insert—
Public Sector Act 2022
Acts Interpretation Act
1954
1
Section 33(6), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
2
Schedule 1, definition chief executive, paragraph (b)—
omit, insert—
(b)
for a public service entity
mentioned in the Public Sector Act 2022, section
9(b)—means the head of the entity under the Public Sector Act
2022, schedule 1.
3
Schedule 1, definition public sector unit, paragraph (b)—
omit, insert—
(b)
a public service entity, or part
of a public sector entity, mentioned in the Public Sector Act
2022, section 9(b).
4
Schedule 1, definition public service—
omit, insert—
public service see the
Public Sector Act
2022, section 11.
5
Schedule 1, definition public service employee—
omit, insert—
public service employee
see the Public Sector Act
2022, section 13.
6
Schedule 1, definition public service office—
omit.
7
Schedule 1, definition public service officer—
omit, insert—
public service officer
see the Public Sector Act
2022, section 14.
8
Schedule 1, definition senior executive—
omit, insert—
senior executive, in
relation to the public service, means a person employed
under the Public Sector Act
2022, section 188 as a senior
executive.
Agent-General for Queensland Act
1975
1
Section 8,
‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Agents Financial Administration
Act 2014
1
Section 112(6), definition relevant government
agency, ‘Public
Service Act 2008, section 24’—
omit, insert—
Public Sector Act
2022, section 276.
Ambulance Service Act
1991
1
Section 15,
‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
2
Section 50P(5), ‘Public
Service Act 2008, section 103’—
omit, insert—
Public Sector Act
2022, section 282
Animal Care and Protection Act
2001
1
Sections 99(2)(a)(i), 114(2)(a)(i) and 212(2)(b), ‘employee’—
omit, insert—
public service employee
2
Section 215(6), from ‘State
employee’ to ‘section 26C of that
Act’—
omit, insert—
prescribed person under the Public Sector Act 2022, section 267
engaging in conduct in an official capacity under section 269 of
that Act
3
Section 215(6), note, from ‘State
employees’—
omit, insert—
prescribed persons, see the Public Sector Act
2022, section 269
Anti-Discrimination Act
1991
1
Section 106B(3), definition government
entity, paragraph (a), ‘Public
Service Act 2008, section 24(1)’—
omit, insert—
Public Sector Act
2022, section 276(1)
2
Section 106B(3), definition government
entity, paragraph (b)(ii), ‘Public
Service Act 2008, section 24(2)(a), (b), (c), (d), (e), (f), (g), (i) or (j)’—
omit, insert—
Public Sector Act
2022, section 276(2)(a), (b), (c), (d),
(e), (f), (g), (i) or (j)
3
Sections 238(3) and 246, ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Appeal Costs Fund Act
1973
1
Section 9(3), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Architects Act
2002
1
Section 100(2), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Auditor-General Act
2009
1
Sections 8(2), 22, 24(2), 26, 27(2) and 29(2), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
2
Sections 22 and 26, heading, ‘Public
Service Act’—
omit, insert—
Public Sector Act 2022
3
Section 28, heading, ‘Rulings under Public
Service Act’—
omit, insert—
Directives under Public Sector Act
2022
4
Section 28(1), from ‘chief executive’ to ‘Public
Service Act 2008’—
omit, insert—
Public Sector Commissioner under the Public Sector Act 2022 may make a
directive under that Act
5
Section 29, heading, ‘Public Service
Act’—
omit, insert—
Public Sector Act 2022
6
Section 29(1), from ‘management review’ to
‘Public
Service Act 2008’—
omit, insert—
public sector review may be conducted under
the Public Sector Act
2022
7
Section 72A(4), definition department, ‘Public
Service Act 2008, section 7’—
omit, insert—
Public Sector Act
2022, section 10
Biodiscovery Act
2004
1
Section 119(2), note, from
‘State’—
omit, insert—
prescribed persons under the Public Sector Act
2022, section 267, see the Public Sector Act
2022, section 269.
Biosecurity Act
2014
1
Section 496(7)(a), from ‘State
employee’ to ‘that Act’—
omit, insert—
prescribed person under the Public Sector Act 2022, section 267
engaging in conduct in an official capacity under section 269 of
that Act
2
Section 496(7)(a), note, from
‘State’—
omit, insert—
prescribed persons under the Public Sector Act
2022, section 267, see the Public Sector Act
2022, section 269.
Births, Deaths and Marriages
Registration Act 2003
1
Sections 34(2) and 35(2), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Body Corporate and Community
Management Act 1997
1
Sections 231(2) and (3) and 236(2)(a) and (4), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Building and Construction
Industry (Portable Long Service Leave) Act
1991
1
Section 26, heading, ‘Public Service
Act’—
omit, insert—
Public Sector Act 2022
2
Section 26,
‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Building Boost Grant Act
2011
1
Section 26(2), definition government
agency, paragraph (a), ‘Public Service Act 2008, section 24’
omit, insert—
Public Sector Act
2022, section 276
Building Industry Fairness
(Security of Payment) Act 2017
1
Section 150(5), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Building Units and Group Titles
Act 1980
1
Section 69, heading, ‘Public Service
Act’—
omit, insert—
Public Sector Act 2022
2
Section 69,
‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Chemical Usage (Agricultural and
Veterinary) Control Act 1988
1
Section 4B,
‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Child Protection Act
1999
1
Schedule 3, definition government entity, ‘Public
Service Act 2008, section 24’—
omit, insert—
Public Sector Act
2022, section 276
Child Protection (Offender
Reporting and Offender Prohibition Order) Act
2004
1
Schedule 5, definition government entity, ‘Public
Service Act 2008, section 24’—
omit, insert—
Public Sector Act
2022, section 276
City of Brisbane Act
2010
1
Section 216(6), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
2
Section 216(6), note, from
‘State’—
omit, insert—
prescribed persons under the Public Sector Act
2022, section 267, see the Public Sector Act
2022, section 269.
Civil Proceedings Act
2011
1
Section 95(3), definition public sector
unit, paragraph (b)—
omit, insert—
(b)
a public service entity mentioned
in the Public Sector Act
2022, section 9(b);
Co-operatives National Law Act
2020
1
Section 7, definition public sector
official, ‘under the Public
Service Act 2008, section 9’—
omit, insert—
under the Public Sector Act
2022, section 13
Coal Mining Safety and Health
Act 1999
1
Sections 80(7) and 188(2), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
2
Sections 125(1) and 129A(1), ‘officers or employees of the public service’—
omit, insert—
public service officers or public service
employees
Coastal Protection and
Management Act 1995
1
Section 133(3), from ‘State
employee’ to ‘section 26B(4)’—
omit, insert—
prescribed person under the Public Sector Act 2022, section
267
Collections Act
1966
1
Section 7(2), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Community Services Industry
(Portable Long Service Leave) Act 2020
1
Section 25(2), definition government
entity, ‘Public
Service Act 2008, section 24’—
omit, insert—
Public Sector Act
2022, section 276
2
Section 122(3), definition official, paragraph (e),
‘State employee under the Public
Service Act 2008, section 26B(4)’—
omit, insert—
prescribed person under the Public Sector Act 2022, section
267
3
Section 122(3), note, from
‘State’—
omit, insert—
prescribed persons under the Public Sector Act
2022, section 267, see the Public Sector Act
2022, section 269.
Coroners Act
2003
1
Section 71(13), definition government
entity, ‘Public
Service Act 2008, section 24’—
omit, insert—
Public Sector Act
2022, section 276
2
Sections 75,
84(2) and 85(3), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
3
Section 91B,
definition State employee,
from ‘who’—
omit, insert—
who is a prescribed person under the Public Sector Act 2022, section
267.
4
Section 91ZE(3), from ‘State’—
omit, insert—
prescribed person under the Public Sector Act 2022, section
267.
5
Section 91ZE(3), note, from ‘State’—
omit, insert—
prescribed persons under the Public Sector Act
2022, section 267, see the Public Sector Act
2022, section 269.
6
Schedule 2, definition government entity, ‘Public
Service Act 2008, section 24’—
omit, insert—
Public Sector Act
2022, section 276
Corrective Services Act
2006
1
Sections 225(4), 236(4) and 306O(2), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
2
Section 226(4), definition misconduct, ‘Public
Service Act 2008, section 187(4)’—
omit, insert—
Public Sector Act
2022, section 91(5)
3
Section 306N(2)(d), ‘Public
Service Act 2008, chapter 5, part 7’—
omit, insert—
Public Sector Act
2022, chapter 3, part 8, division 5
4
Section 306N(2)(e), ‘Public
Service Act 2008, chapter 5 or 6’—
omit, insert—
Public Sector Act
2022, chapter 3, part 8, division 3 or 4
or chapter 4, part 4, division 3
5
Schedule 4, definition misconduct, ‘Public
Service Act 2008, section 187’—
omit, insert—
Public Sector Act
2022, section 91
Crime and Corruption Act
2001
1
Section 40(2)(b), from
‘department’—
omit, insert—
public service entity under the Public Sector Act 2022—the Public
Sector Commission under that Act.
2
Section 219BA(2), definition disciplinary
declaration, paragraph (a),
‘Public
Service Act 2008, section 188A’—
omit, insert—
Public Sector Act
2022, section 95
3
Section 219BA(2), definition disciplinary
declaration, paragraphs (c) and (d)—
omit.
4
Sections 229(2), 245(2), 254(2), 255(2)(c)(i), 256(2), 324(4), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
5
Section 273A,
definition prescribed
employee—
omit.
6
Section 273A,
definition relevant
employee—
omit, insert—
relevant employee means
a public sector employee.
7
Section 273AA(2), from ‘to—’—
omit, insert—
to the chief executive of the department or
other public sector entity in which the person is or was
employed as a public sector employee.
8
Section 273AA(3), from ‘any’—
omit, insert—
the Public Sector Act
2022, chapter 3, part 8, division
3.
9
Section 273DA(3), definition relevant
official, paragraph (a), ‘department’—
omit, insert—
public sector entity
10
Section 273DA(3), definition relevant
official, paragraph (b)—
omit.
11
Section 273DA(3), definition relevant
official, paragraph (c)—
renumber as paragraph (b).
12
Sections 273DB(3) and 273G(5), definition public sector disciplinary
law—
omit, insert—
public sector disciplinary
law see the Public
Sector Act 2022, schedule 2.
13
Section 273DB(3), definition relevant
official, paragraph (a), ‘department’—
omit, insert—
public sector entity
14
Section 273DB(3), definition relevant
official, paragraph (b)—
omit.
15
Section 273DB(3), definition relevant
official, paragraph (c)—
renumber as paragraph (b).
16
Section 273G(5), definition disciplinary
declaration—
omit, insert—
disciplinary declaration
means a disciplinary declaration within the meaning of
the Public Sector Act
2022, schedule 2, definition
disciplinary declaration,
paragraph (a).
Criminal Law (Historical
Homosexual Convictions Expungement) Act 2017
1
Sections 41(3) and 43(1), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Cross River Rail Delivery
Authority Act 2016
1
Sections 33(7), 49(2)(b) and 57(2), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Director of Child Protection
Litigation Act 2016
1
Sections 26 and
37, ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Director of Public Prosecutions
Act 1984
1
Sections 5(3), 19(2), 20(2), 23(2) and 32(1), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
2
Section 30,
definition prescribed
office, ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Disability Services Act
2006
1
Section 221(8)—
omit, insert—
(8)
Despite the Public
Sector Act 2022, section 274, this
section does not apply to a public service entity mentioned
in the Public Sector Act
2022, section 9(b).
Disaster Management Act
2003
1
Sections 16F,
16H(1)(b), 16M(2) and 145, ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Dispute Resolution Centres Act
1990
1
Sections 26,
27AB(6) and 27AC, ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
District Court of Queensland Act
1967
1
Sections 36(3), 36D(2) and 41(2), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Duties Act
2001
1
Schedule 6, definition government entity, ‘Public
Service Act 2008, section 24’—
omit, insert—
Public Sector Act
2022, section 276
Economic Development Act
2012
1
Section 132(4), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
2
Schedule 1, definition government entity, ‘Public
Service Act 2008, section 24’—
omit, insert—
Public Sector Act
2022, section 276
Education (Accreditation of
Non-State Schools) Act 2017
1
Section 105(3), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
2
Section 154(4), definition government
entity, ‘Public
Service Act 2008, section 24’—
omit, insert—
Public Sector Act
2022, section 276
3
Section 173(1) and (2)—
omit, insert—
(1)
The Public Sector Act
2022, section 269 applies to a
protected person who is not a prescribed person under
section 267 as if the person were a prescribed person under
that section.
(2)
If the Public
Sector Act 2022, section 269
prevents civil liability attaching to a protected person,
section 269(2)(b) of that Act does not apply in relation to
the person.
Education and Care Services Act
2013
1
Section 241(3), from ‘a State’ to
‘section 26B(4)’—
omit, insert—
also a prescribed person under the Public Sector Act 2022, section
267
2
Section 241(3), note, from
‘State’—
omit, insert—
prescribed persons under the Public Sector Act
2022, section 267, see the Public Sector Act
2022, section 269.
Education and Care Services
National Law (Queensland) Act 2011
1
Sections 6(3)(e) and 13, ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Education (General Provisions)
Act 2006
1
Sections 117(3) and 141(3), from ‘State employee’ to ‘section 26B(4)’—
omit, insert—
prescribed person under the Public Sector Act 2022, section
267
2
Sections 117(3) and 141(3), note, from ‘State’—
omit, insert—
prescribed persons under the Public Sector Act
2022, section 267, see the Public Sector Act
2022, section 269.
3
Section 389(1), note, ‘Public
Service Act 2008, section 26C’—
omit, insert—
Public Sector Act
2022, section 269
Education (Overseas Students)
Act 2018
1
Section 102—
omit, insert—
102
Protection from
liability
The Public Sector Act
2022, section 269 applies to an
authorised person who is not a prescribed person under
section 267 of that Act as if the person were a prescribed
person under that section.
Education (Queensland College of
Teachers) Act 2005
1
Sections 278(2) and 281, ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
2
Section 294(4), from ‘State
employee’ to ‘section 26B(4)’—
omit, insert—
prescribed person under the Public Sector Act 2022, section
267
3
Section 294(4), note, from
‘State’—
omit, insert—
prescribed persons under the Public Sector Act
2022, section 267, see the Public Sector Act
2022, section 269.
Education (Queensland Curriculum
and Assessment Authority) Act 2014
1
Sections 35(1), 36(2)(b), 40(2) and 41(3), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
2
Section 40,
heading, ‘Public Service
Act 2008’—
omit, insert—
Public Sector Act 2022
Electoral Act
1992
1
Sections 9(5), 22(6) and 29(2), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Electrical Safety Act
2002
1
Sections 68(3) and 70(3), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
2
Section 123(2), ‘Public
Service Act 2008, sections 183 and 184, as if a reference
in the sections’—
omit, insert—
Public Sector Act
2022, section 82 as if a reference in
that section
Energy and Water Ombudsman Act
2006
1
Sections 51(2), 56(3) and 61, ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Environmental Protection Act
1994
1
Sections 444A(3) and 444G(2), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
2
Section 450(4), from ‘State’ to
‘section 26B(4)’—
omit, insert—
prescribed person under the Public Sector Act 2022, section
267
Exhibited Animals Act
2015
1
Section 259(5), from ‘State
employee’ to ‘that Act’—
omit, insert—
prescribed person under the Public Sector Act 2022, section 267
engaging in conduct in an official capacity under section 269 of
that Act
2
Section 259(5), note, from
‘State’—
omit, insert—
prescribed persons under the Public Sector Act
2022, section 267, see the Public Sector Act
2022, section 269.
Explosives Act
1999
1
Section 80A(2), definition government
entity, ‘Public
Service Act 2008, section 24’—
omit, insert—
Public Sector Act
2022, section 276
2
Section 132(2)(a), ‘a department or
the head of a public service office under the Public
Service Act 2008’—
omit, insert—
a public service entity under the Public Sector Act 2022, section 9
Fair Trading Act
1989
1
Sections 8(4), 9 and 109(3), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Fair Work (Commonwealth Powers)
and Other Provisions Act 2009
1
Section 3(1), definition department, ‘Public
Service Act 2008, section 7’—
omit, insert—
Public Sector Act
2022, section 10
2
Section 3(1), definition public sector
employer, paragraph (b)—
omit, insert—
(b)
a public service entity under the
Public Sector Act
2022, section 9;
Family and Child Commission Act
2014
1
Sections 12 and
24(2), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
2
Section 29Z(2), ‘State
employee’—
omit, insert—
prescribed person under the Public Sector Act 2022, section
267
3
Section 39(3), definition official, note—
omit, insert—
Note—
For protection from civil liability in
relation to prescribed persons under the Public Sector Act
2022, section 267, see the Public Sector Act
2022, section 269.
4
Schedule 1, definition State employee—
omit.
Family Responsibilities
Commission Act 2008
1
Sections 12(5), 33(3) and 118(5), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Farm Business Debt Mediation Act
2017
1
Section 84(6), from ‘State’ to ‘that
Act’—
omit, insert—
prescribed person under the Public Sector Act 2022, section 267
engaging in conduct in an official capacity under section 269 of
that Act
2
Section 84(6), note, from ‘State’—
omit, insert—
prescribed persons under the Public Sector Act
2022, section 267, see the Public Sector Act
2022, section 269.
Financial Accountability Act
2009
1
Sections 8(1)(a) and 65(1) and (4)(a), ‘Public
Service Act 2008, section 14’—
omit, insert—
Public Sector Act
2022, section 10
2
Section 65(2)(a)—
omit, insert—
(a)
a public service entity mentioned
in the Public Sector Act
2022, section 9(b); or
3
Section 76(2), ‘Public
Service Act 2008, section 103’—
omit, insert—
Public Sector Act
2022, section 282(3)
Fire and Emergency Services Act
1990
1
Sections 5(2) and 25A, ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Forensic Disability Act
2011
1
Section 85(2), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Forestry Act
1959
1
Schedule 3, definition FPQO, ‘public service office’—
omit, insert—
entity
Further Education and Training
Act 2014
1
Sections 112T(b) and 112ZG, ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
2
Section 194(3), from ‘State
employee’ to ‘section 26B(4)’—
omit, insert—
prescribed person under the Public Sector Act 2022, section
267
3
Section 194(3), note, from
‘State’—
omit, insert—
prescribed persons under the Public Sector Act
2022, section 267, see the Public Sector Act
2022, section 269.
4
Schedule 1, definition government entity, ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022, section 276
Gaming Machine Act
1991
1
Section 15(3), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
2
Section 325A(2)(a)(i), ‘employee’—
omit, insert—
public service employee
Gasfields Commission Act
2013
1
Sections 12(3), 30(2) and 31(2), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
2
Schedule 1, definition government entity, ‘Public
Service Act 2008, section 24’—
omit, insert—
Public Sector Act
2022, section 276
Gene Technology (Queensland) Act
2016
1
Section 16(1)(g), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Gold Coast Waterways Authority
Act 2012
1
Section 37(3), definition government
entity, ‘Public
Service Act 2008, section 24’—
omit, insert—
Public Sector Act
2022, section 276
2
Sections 60(5), 64(a) and 65(4), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
3
Section 65(3)—
omit, insert—
(3)
Employees employed under this section are
employed under this Act and not the Public
Sector Act 2022.
Note—
See the Public Sector Act 2022, section
12
4
Section 65(4), ‘commission chief executive under
the Public
Service Act 2008’—
omit, insert—
Public Sector Commissioner under the Public Sector Act 2022
5
Section 65(5)—
omit.
6
Section 65(6)—
renumber as section 65(5).
Government Owned Corporations
Act 1993
1
Section 2, definition senior executive, ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
2
Section 145, heading, ‘Public Service
Act’—
omit, insert—
Public Sector Act 2022
3
Section 145,
‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
4
Section 148—
omit, insert—
148
Application of
equity, diversity, respect and inclusion provisions under Public
Sector Act 2022
A GOC is a prescribed entity for the
Public Sector Act
2022, section 25, definition prescribed entity, paragraph
(c).
Grammar Schools Act
2016
1
Section 28(2)(b), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Guardianship and Administration
Act 2000
1
Sections 213(5) and 219, ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Health and Wellbeing Queensland
Act 2019
1
Sections 32(4)(b) and 40(2), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
2
Section 49(3), from ‘State employee’ to ‘section 26B(4)’—
omit, insert—
prescribed person under the Public Sector Act 2022, section
267
3
Section 49(3), note, from ‘State’—
omit, insert—
prescribed persons under the Public Sector Act
2022, section 267, see the Public Sector Act
2022, section 269.
4
Schedule 1, definition government entity, ‘Public
Service Act 2008, section 24’—
omit, insert—
Public Sector Act
2022, section 276
Health Ombudsman Act
2013
1
Sections 245(2) and 255(1), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
2
Schedule 1, definition government entity, paragraph (a),
‘Public
Service Act 2008, section 24’—
omit, insert—
Public Sector Act
2022, section 276
Health Practitioner Regulation
National Law Act 2009
1
Section 7(f), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Heavy Vehicle National Law Act
2012
1
Section 5(1)(g), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Hospital and Health Boards Act
2011
1
Section 51C(2), from ‘ruling
made’—
omit, insert—
directive under the Public Sector
Act 2022, section 222, the health
employment directive prevails over the directive.
2
Section 66(1)(c), (2)(c) and (3)(c), ‘applied Public
Service law’—
omit, insert—
Public Sector Act
2022, including any directive under that
Act that applies to the employee; and
3
Sections 69 and
282(7)(b)(iii) and (8), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
4
Schedule 2, definition applied Public Service
law—
omit.
Hospital Foundations Act
2018
1
Section 18(2)(b), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Housing Act
2003
1
Section 36D(2), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Human Rights Act
2019
1
Section 9(1)(a), ‘Public
Service Act 2008, section 24’—
omit, insert—
Public Sector Act
2022, section 276
Industrial Relations Act
2016
1
Section 12(2)(a), example, second
dot point, ‘public service offices’—
omit, insert—
•
public service entities
mentioned in the Public Sector Act 2022, section
9(b)
2
Sections 120(f)(ii), 315(1)(e)(ii) and (4)(f)(ii), 457(3), 472(2)(b)(i), 518(1)(a), 522, 551(3)(a)(iv), 562A(2), 562C(2), 899(5) and 941(1)(a), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
3
Section 354C(8), definition department,
‘public service office’—
omit, insert—
public service entity mentioned in the Public Sector Act 2022, section
9(b)
4
Section 459A(1)(b)(ii), from ‘ruling’—
omit, insert—
directive under the Public Sector
Act 2022.
5
Section 502(1), ‘Public
Service Act 2008, section 183 or 184’—
omit, insert—
Public Sector Act
2022, section 82
6
Section 562A(1), ‘a decision mentioned in the Public
Service Act 2008, section 194(1)(a), (d) or (eb)’ —
omit, insert—
a directive decision, a fair treatment
decision or a transfer decision under the Public Sector Act 2022
7
Section 562A(1)(a), ‘the individual employee grievances directive’—
omit, insert—
a directive made under section 110 of that
Act
8
Section 562A(1)(b), ‘Public
Service Act 2008, section 194(1)(eb)’—
omit, insert—
Public Sector Act
2022
9
Section 562B(4), ‘decision about disciplinary action under the Public
Service Act 2008’—
omit, insert—
disciplinary decision under the Public Sector Act 2022
10
Section 562C(1)(b), ‘of the commission chief executive under the Public
Service Act 2008’—
omit, insert—
made by the Public Sector Commissioner
11
Section 562C(2), ‘of the commission chief executive’—
omit, insert—
made by the Public Sector Commissioner
12
Section 564(3), definition appeal period,
paragraph (c),
‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
13
Section 941(1)(a),
‘ruling’—
omit, insert—
directive
14
Section 941(2), ‘ruling
or’—
omit.
15
Section 943(3), definition department or part of a
department—
omit.
16
Section 943(3), definition related State
entity, ‘department or part of a
department’—
omit, insert—
public sector unit
17
Section 970(1)(b), ‘commission chief
executive under the Public
Service Act 2008’—
omit, insert—
Public Sector Commissioner
18
Section 970(3), definition senior departmental
office, ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
19
Section 982(3), from ‘State’ to
‘section 26B(4)’—
omit, insert—
prescribed person under the Public Sector Act 2022, section
267
20
Section 982(3), note, from ‘State
employee’—
omit, insert—
prescribed persons under the Public Sector Act
2022, section 267, see the Public Sector Act
2022, section 269.
21
Schedule 5—
insert—
Public Sector
Commissioner means the Public Sector
Commissioner appointed under the Public
Sector Act 2022, section
212(1).
22
Schedule 5, definition promotion decision, ‘Public
Service Act 2008, section 194(1)(c)’—
omit, insert—
Public Sector Act
2022, section 129
23
Schedule 5, definition public service appeal, ‘Public
Service Act 2008, chapter 7’—
omit, insert—
Public Sector Act
2022, chapter 3, part 10
Information Privacy Act
2009
1
Section 42, example 2, ‘under the Public Service
Regulation 2008’—
omit.
2
Sections 134(2), 140(2), 144(2), 149(3) and 152(2), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
3
Section 149(3), ‘Public Service
Commission’—
omit, insert—
Public Sector Commission
Infrastructure Investment (Asset
Restructuring and Disposal) Act 2009
1
Schedule, definition Forestry Plantations Queensland Office, ‘public
service office’—
omit, insert—
entity
Integrity Act
2009
1
Section 12(1)(c), ‘department of
government or a public service office’—
omit, insert—
public service entity
2
Sections 17(b), 20(1) and 33(1), ‘department or public service office’—
omit, insert—
public service entity
3
Section 47(b), ‘public service
office’—
omit, insert—
public service entity mentioned in the Public Sector Act 2022, section
9(b)
4
Section 73(2), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
5
Schedule 1, entry for Public
Service Act 2008—
omit, insert—
Public Sector Act
2022
•
the public sector
commissioner
6
Schedule 2, definition public service office—
omit.
7
Schedule 2—
insert—
public service entity
see the Public Sector Act
2022, section 9.
8
Schedule 2, definition chief executive, paragraph (a),
‘Public
Service Act 2008, section 10(1)’—
omit, insert—
Public Sector Act
2022, section 16(a)
9
Schedule 2, definition chief executive, paragraph (b)—
omit, insert—
(b)
for a public service entity
mentioned in the Public Sector Act 2022, section
9(b)—the head of the entity under the Public Sector Act
2022, schedule 1; or
10
Schedule 2, definition government entity, ‘Public
Service Act 2008, section 24’—
omit, insert—
Public Sector Act
2022, section 276
11
Schedule 2, definitions senior
executive and senior
officer, ‘Public
Service Act 2008, schedule 4’—
omit, insert—
Public Sector Act
2022, schedule 2
12
Schedule 2, definition statutory office, ‘Public
Service Act 2008, schedule 4’—
omit, insert—
Public Sector Act
2022, section 140(2)
Jobs Queensland Act
2015
1
Section 14(3), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
2
Section 28(2), ‘Public
Service Act 2008, section 26C applies to each member
as if the member were a State employee for chapter 1, part 3, division 3 of that Act’—
omit, insert—
Public Sector Act
2022, section 269 applies to each member
as if the member were a prescribed person under section 267 of
that Act
Judicial Review Act
1991
1
Section 8(d), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Justices Act
1886
1
Section 22D(2), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Justices of the Peace and
Commissioners for Declarations Act 1991
1
Sections 12 and
12A(1), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Land Access Ombudsman Act
2017
1
Sections 12(3), 22(3) and 26, ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
2
Section 62(2), note, from ‘State’—
omit, insert—
prescribed persons under the Public Sector Act
2022, section 267, see the Public Sector Act
2022, section 269.
3
Schedule 1, definition government entity, ‘Public
Service Act 2008, section 24’—
omit, insert—
Public Sector Act
2022, section 276
Land Act
1994
1
Section 13B(10),
‘employee’—
omit, insert—
public service employee
2
Section 441(3), from ‘State
employee’ to ‘section 26B(4)’—
omit, insert—
prescribed person under the Public Sector Act 2022, section
267
3
Section 441(3), note, from
‘State’—
omit, insert—
prescribed persons under the Public Sector Act
2022, section 267, see the Public Sector Act
2022, section 269.
Land Court Act
2000
1
Sections 32B(3), 45(1), 48(3) and 50A(4), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Land Title Act
1994
1
Section 6(3), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Land Valuation Act
2010
1
Sections 205(2) and (3) and 207(1), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Law Reform Commission Act
1968
1
Sections 4(3) and 14, ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Legal Aid Queensland Act
1997
1
Sections 49(5), 64(3) and 70(3), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Legal Profession Act
2007
1
Section 12(1)(a), note—
omit, insert—
Note—
Under the Public
Sector Act 2022, section 274, this
Act applies to a public service entity mentioned in the
Public Sector Act
2022, section 9(b) and its
employees as if the entity were a department.
2
Sections 575(4) and 584(4), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
3
Sections 593(2)(b) and 595(3)(b), ‘chief executive of the Public Service
Commission’—
omit, insert—
Public Sector Commissioner under the Public Sector Act 2022
Legislative Standards Act
1992
1
Sections 11 and
14(4), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
2
Schedule 1, definition government entity, ‘Public
Service Act 2008, section 24’—
omit, insert—
Public Sector Act
2022, section 276
Libraries Act
1988
1
Section 2, definition government entity, ‘Public
Service Act 2008, section 24’—
omit, insert—
Public Sector Act
2022, section 276
2
Section 7(3), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Local Government Act
2009
1
Sections 150CV(2), 150DI and 235(8), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
2
Section 235(8), note, from
‘State’—
omit, insert—
prescribed persons under the Public Sector Act
2022, section 267, see the Public Sector Act
2022, section 269.
Magistrates Act
1991
1
Sections 5(11), 7(2), 53B(2) and 53C(1), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Maintenance Act
1965
1
Section 68(1), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Major Events Act
2014
1
Section 83(4)—
insert—
civil liability see the
Public Sector Act
2022, section 269(6).
State employee means a
prescribed person under the Public
Sector Act 2022, section
267.
2
Schedule 1, definitions civil
liability and State
employee—
omit.
Marine Parks Act
2004
1
Section 144(6), definition public authority,
paragraph (a),
‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Maritime Safety Queensland Act
2002
1
Sections 7(2)(c), 10(2) and 11(4), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
2
Section 12(4)—
omit, insert—
(4)
Employees employed under this section are
employed under this Act and not the Public
Sector Act 2022.
Mental Health Act
2016
1
Sections 298(2), 652(4), 656(3), 707(7) and 713(2), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
2
Section 776,
definition government
entity—
omit, insert—
government entity see
the Public Sector Act
2022, section 276.
3
Section 797(3), from ‘State’ to
‘section 26B(4)’—
omit, insert—
prescribed person under the Public Sector Act 2022, section
267
Meriba Omasker Kaziw Kazipa
(Torres Strait Islander Traditional Child Rearing Practice) Act
2020
1
Sections 12 and
28, ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
2
Section 105(3), from ‘State
employee’ to ‘section 26B(4)’—
omit, insert—
prescribed person under the Public Sector Act 2022, section
267
3
Section 105(3), note, from
‘State’—
omit, insert—
prescribed persons under the Public Sector Act
2022, section 267, see the Public Sector Act
2022, section 269.
Mineral and Energy Resources
(Financial Provisioning) Act 2018
1
Sections 12(3) and 16(3), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
2
Section 85(3), ‘Public
Service Act 2008, section 26C does not apply to a
protected employee who is a State employee for chapter 1, part 3, division 3 of that Act’—
omit, insert—
Public Sector Act
2022, section 269 does not apply to a
protected person who is a prescribed person under section 267 of
that Act
Mining and Quarrying Safety and
Health Act 1999
1
Sections 71(8) and 108(5), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Ministerial and Other Office
Holder Staff Act 2010
1
Section 15(2), example, ‘Public
Service Act 2008, section 100’—
omit, insert—
Public Sector Act
2022, section 178
2
Part 4, division 1, heading ‘Rulings’—
omit, insert—
Directives and guidelines
3
Section 26(2), ‘public service
directive’—
omit, insert—
public sector directive
4
Section 26(4)—
omit.
5
Section 29(3) and (5)—
omit.
6
Section 29(4)—
renumber as section 29(3).
7
Section 30,
heading ‘public service rulings’—
omit, insert—
public sector directives
8
Section 30(1)—
omit, insert—
(1)
This section applies if, under section
26(2), a directive provides for a matter by applying,
adopting or incorporating the provisions of a public sector
directive (the first public sector
directive).
9
Section 30(2), ‘or guideline’—
omit.
10
Section 30(2), ‘public service ruling’—
omit, insert—
public sector directive
11
Section 30(3)—
omit.
12
Schedule—
insert—
public sector directive
means a directive under the Public
Sector Act 2022.
Motor Accident Insurance Act
1994
1
Section 7(2), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Multicultural Recognition Act
2016
1
Section 5, definition chief executive, paragraph (a),
‘Public
Service Act 2008, section 10(1)’—
omit, insert—
Public Sector Act
2022, section 16(a)
2
Section 5, definition chief executive, paragraph (b)—
omit, insert—
(b)
for a public service entity
mentioned in the Public Sector Act 2022, section
9(b)—the head of the entity mentioned in the Public Sector Act
2022, schedule 1; or
3
Section 5, definition government entity, ‘Public
Service Act 2008, section 24’—
omit, insert—
Public Sector Act
2022, section 276
National Injury Insurance Scheme
(Queensland) Act 2016
1
Sections 63(2) and 81(3), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Occupational Licensing National
Law (Queensland) Act 2010
1
Section 5(h), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Ombudsman Act
2001
1
Sections 58(3), 65(3), 76(2), 77(2)(b) and 78(4), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
2
Sections 79(3) and 82(4), ‘chief executive of the Public Service
Commission’—
omit, insert—
Public Sector Commissioner under the Public Sector Act 2022
3
Section 93(1), note, ‘Public
Service Act 2008, section 26C’—
omit, insert—
Public Sector Act
2022, section 269.
Parliament of Queensland Act
2001
1
Section 67(1)(p)—
omit, insert—
(p)
the public sector commissioner
under the Public Sector Act
2022;
2
Schedule, definition government entity, paragraph (a),
‘Public
Service Act 2008, section 24’—
omit, insert—
Public Sector Act
2022, section 276
Parliamentary Service Act
1988
1
Section 26A,
‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
2
Section 39(2)(a), ‘by the Governor
in Council under the Public
Service Act 2008’—
omit, insert—
under a directive made under the Public Sector Act 2022
3
Section 39(2)(b), ‘by the industrial
commission’—
omit, insert—
under the Industrial Relations Act 2016
Penalties and Sentences Act
1992
1
Section 203A(3), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Police Powers and
Responsibilities Act 2000
1
Section 740(4), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
2
Schedule 6, definition government entity, from ‘Public
Service Act 2008, section 24’—
omit, insert—
Public Sector Act
2022, section 276, other than an entity
mentioned in section 276(1)(c), (d) or (e).
Police Service Administration
Act 1990
1
Section 1.4,
definition disciplinary
declaration, paragraph (a)(i)(B), ‘Public
Service Act 2008, section 188A(6)’—
omit, insert—
Public Sector Act
2022, section 95
2
Section 1.4,
definition public sector disciplinary
law, paragraph (b), from ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022; or
3
Section 1.4,
definition public service
employee—
omit.
4
Section 2.5(1)(b)(ii), ‘Public
Service Act 2008, chapter 5, part 5’—
omit, insert—
Public Sector Act
2022, chapter 4, part 2
5
Sections 2.5A,
5A.16(2)(f)(ii),
5A.17(2)(b) and 5A.21A(4), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
6
Section 5.18(3),
note, ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
7
Section 5AA.11(5),
definition merit
provision, paragraph (b), ‘Public
Service Act 2008, chapter 1, part 4’—
omit, insert—
Public Sector Act
2022, chapter 3, part 3
8
Section 5AA.14(3)(a)(v), example, ‘Public
Service Act 2008, section 188B’—
omit, insert—
Public Sector Act
2022, section 97
9
Section 8.3(6)(b),
‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
10
Schedule, under the heading Information about police officers, recruits and
applicants to become police officers or recruits, item 13, second dot point,
‘Public
Service Act 2008, section 188A’—
omit, insert—
Public Sector Act
2022, section 95
11
Schedule, under the heading Information about staff members, applicants to
become staff members, volunteers and students on work experience, item 9,
second dot point, ‘Public
Service Act 2008, section 188A’—
omit, insert—
Public Sector Act
2022, section 95
Police Service Administration
and Other Legislation Amendment Act 2022
1
Section 36,
insertion of new s 5.19(4), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Editor’s
note—
Legislation ultimately amended—
•
Police Service Administration Act
1990
Professional Engineers Act
2002
1
Section 100(2), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Prostitution Act
1999
1
Sections 102(2), 110B(5) and 110L, ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
2
Section 110A,
note, ‘public service office under the Public
Service Act 2008’—
omit, insert—
public service entity under the
Public Sector Act
2022, section 9(b)
3
Sections 110M(1) and 110N, ‘part 6
directive’—
omit, insert—
suitability directive
4
Section 110M(2)—
omit, insert—
(2)
To remove any doubt, the Public Sector Act
2022, chapter 3, part 5 applies only to
the extent a suitability directive may be made for that part
under that Act.
Note—
Under the Public Sector Act 2022, section
131(1)(b), an appeal may be made against a decision
to take, or not to take, action under a
directive.
5
Schedule 4, definition part 6
directive—
omit, insert—
suitability directive
see the Public Sector Act
2022, section 48.
Public Guardian Act
2014
1
Sections 95,
104(1), 110(4) and 111(4), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
2
Section 146(6), definition senior officer,
‘Public
Service Act 2008, schedule 4’—
omit, insert—
Public Sector Act
2022, schedule 2
3
Schedule 1, definition government entity, ‘Public
Service Act 2008, section 24’—
omit, insert—
Public Sector Act
2022, section 276
Public Health Act
2005
1
Sections 81(4)(b)(i), 90(1)(a), 362FA(1)(b), 362O(b)(i), 362P(b)(i), 377(1)(a) and 455(1)(a), ‘or employee’—
omit, insert—
or public service employee
2
Sections 333(1)(a) and 335(1)(a), ‘employees’—
omit, insert—
public service employees
3
Sections 109(4), 223(4), 228L(4) and 241(4), ‘Public
Service Act 2008, section 103’—
omit, insert—
Public Sector Act
2022, section 282
4
Section 456(3)(b), from ‘a State
employee’ to ‘section 26B(4)’—
omit, insert—
also a prescribed person under the Public Sector Act 2022, section
267
5
Section 456(3)(b), note, from ‘or
employee’—
omit, insert—
or public service employee, see the
Public Sector Act
2022, section 269.
Public Interest Disclosure Act
2010
1
Section 47(4)(a), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
2
Section 47(8)—
omit.
3
Schedule 4, definition Public Service
Commission—
omit.
Public Records Act
2002
1
Sections 22 and
29(3)(c), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Public Sector Ethics Act
1994
1
Sections 12(1), 12A, 12B(2), 12C, 12E(2), 12F and 12M(1), ‘commission chief executive’—
omit, insert—
commissioner
2
Section 12M(1), ‘Public
Service Act 2008, section 46(1)(fa)’—
omit, insert—
Public Sector Act
2022, section 207(2)(i)
3
Section 24(a), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
4
Schedule, definition commission
chief executive—
omit.
5
Schedule—
insert—
commissioner means the
Public Sector Commissioner appointed under the Public Sector Act
2022, section 212(1).
Public Trustee Act
1978
1
Sections 9(9), 11 and 117ZD(5), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
2
Sections 117ZH(2) and 117ZZ(3), ‘State employee under the Public
Service Act 2008, section 26B(4)’—
omit, insert—
a prescribed person under the Public Sector Act 2022, section
267
3
Section 117ZZ(3), note, ‘Public
Service Act 2008, section 26C’—
omit, insert—
Public Sector Act
2022, section 269
Queensland Art Gallery Act
1987
1
Section 2, definition government entity, ‘Public
Service Act 2008, section 24’—
omit, insert—
Public Sector Act
2022, section 276
2
Section 6(3), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Queensland Building and
Construction Commission Act 1991
1
Sections 12(3), 20D(3), 29D(3) and 29F(5), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
2
Section 108AC(2)(c)(iii), ‘Public
Service Act 2008, section 123’—
omit, insert—
Public Sector Act
2022, section 156
3
Schedule 2, definition government entity, ‘Public
Service Act 2008, section 24’—
omit, insert—
Public Sector Act
2022, section 276
Queensland Civil and
Administrative Tribunal Act 2009
1
Sections 110(2), 171(5), 198(3), 206O(3) and 208(1), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Queensland Competition Authority
Act 1997
1
Sections 209(4) and 223(3), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
2
Section 229(b)—
omit, insert—
(b)
a prescribed entity for the
Public Sector Act
2022, section 25, definition
prescribed entity,
paragraph (c).
3
Section 234(4)(b), ‘Public
Service Act 2008, section 187(1)(b) or (f)’—
omit, insert—
Public Sector Act
2022, section 91(1)(b) or (g)(i)
4
Section 265(3)(a), ‘Public
Service Act 2008, section 148’—
omit, insert—
Public Sector Act
2022, section 150
Queensland Future Fund Act
2020
1
Section 8(3), definition State entity, paragraph (a),
‘Public Service Act 2008’—
omit, insert—
Public Sector Act
2022, section 276
Queensland Future Fund (Titles
Registry) Act 2021
1
Section 45(4)—
omit, insert—
(4)
Despite the Public
Sector Act 2022, section 267, an
employee of the operator or an administrator appointed under
section 34 is not a prescribed person under section 267 of
that Act.
Queensland Heritage Act
1992
1
Section 125(1), ‘or
employee’—
omit, insert—
or public service employee
2
Section 171(3), from ‘State
employee’ to ‘section 26B(4)’—
omit, insert—
prescribed person under the Public Sector Act 2022, section
267
3
Section 171(3), note, from ‘State
employees’—
omit, insert—
prescribed persons under the Public Sector Act
2022, section 267, see the Public Sector Act
2022, section 269.
4
Schedule, definition government
entity, ‘Public
Service Act 2008, section 24’—
omit, insert—
Public Sector Act
2022, section 276
Queensland Independent
Remuneration Tribunal Act 2013
1
Sections 11(2)(c) and 13(2), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
2
Section 31A(5), definition directive, ‘Public
Service Act 2008, schedule 4’—
omit, insert—
Public Sector Act
2022, schedule 2
3
Section 31A(5), definition industrial
instrument, ‘Public
Service Act 2008, schedule 4’—
omit, insert—
Industrial Relations Act 2016, schedule
5
Queensland Industry
Participation Policy Act 2011
1
Section 11(7), definition rail government
entity, ‘Public
Service Act 2008, section 24(1)(c)’—
omit, insert—
Public Sector Act
2022, section 276(1)(b)
Queensland Mental Health
Commission Act 2013
1
Sections 14(2), 17 and 19(1)(c), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Queensland Museum Act
1970
1
Section 2, definition government entity, ‘Public
Service Act 2008, section 24’—
omit, insert—
Public Sector Act
2022, section 276
2
Section 6(3), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Queensland Performing Arts Trust
Act 1977
1
Sections 6(3) and 37(3), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Queensland Rail Transit
Authority Act 2013
1
Section 69(2), definition industrial
instrument, ‘Public
Service Act 2008, schedule 4’—
omit, insert—
Industrial Relations Act 2016, schedule
5
2
Schedule 1, definition government entity, ‘Public
Service Act 2008, section 24’—
omit, insert—
Public Sector Act
2022, section 276
3
Schedule 1, definition senior executive, ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Queensland Reconstruction
Authority Act 2011
1
Sections 16,
24(4), 26(2) and 132(1), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
2
Section 24(3), ‘commission chief executive under
the Public
Service Act 2008’—
omit, insert—
Public Sector Commissioner under the Public Sector Act 2022
3
Schedule, definition government entity, paragraph (a),
‘Public
Service Act 2008, section 24’—
omit, insert—
Public Sector Act
2022, section 276
Queensland Theatre Company Act
1970
1
Sections 6(3) and 36(3), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Queensland Treasury Corporation
Act 1988
1
Section 11(2), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Racing Act
2002
1
Section 34(1), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Racing Integrity Act
2016
1
Sections 7(3) and (4), 14(7), 15(7), 17(1)(b) and 18(1)(b), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
2
Section 259(6), from ‘State
employee’ to ‘section 26C’—
omit, insert—
prescribed person under the Public Sector Act 2022, section 267
engaging in conduct in an official capacity under section
269
3
Section 259(6), note, from ‘State
employees’—
omit, insert—
prescribed persons under the Public Sector Act
2022, section 267, see the Public Sector Act
2022, section 269.
Rail Safety National Law
(Queensland)
1
Section 4(1), definition State entity, paragraph (b),
from ‘within’ to ‘section 9(1)’—
omit, insert—
under the Public Sector Act
2022, section 13
Rail Safety National Law
(Queensland) Act 2017
1
Section 5, definition State entity, paragraph (b),
from ‘within’ to ‘section 9(1)’—
omit, insert—
under the Public Sector Act
2022, section 13
2
Section 6(1)(h), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
3
Section 6(4)(b), ‘Public
Service Act 2008, section 9(1)’—
omit, insert—
Public Sector Act
2022, section 13
4
Section 10,
editor’s note, ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Residential Tenancies and
Rooming Accommodation Act 2008
1
Section 485(b)—
omit, insert—
(b)
a prescribed entity for the
Public Sector Act
2022, section 25, definition
prescribed entity,
paragraph (c).
2
Sections 487(5), 494(3) and 497(5), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
3
Schedule 2, definition government entity, ‘Public
Service Act 2008, section 24’—
omit, insert—
Public Sector Act
2022, section 276
Resources Safety and Health
Queensland Act 2020
1
Sections 14(2), 26(2), 34, 35(3), 46(2), 48(2) and 60(2), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Retail Shop Leases Act
1994
1
Section 95(4), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Right to Information Act
2009
1
Sections 126(2), 134(2), 143(2), 144(1), 146(2), 150(2) and 158(2), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
2
Section 139(3), ‘Public Service
Commission’—
omit, insert—
Public Sector Commission
3
Section 144,
heading, ‘Public Service
Act 2008’—
omit, insert—
Public Sector Act 2022
4
Section 155(3), ‘Public Service
Commission under the Public
Service Act 2008’—
omit, insert—
Public Sector Commission
5
Schedule 5—
insert—
Public Sector Commission
means the Public Sector Commission under the Public Sector Act
2022.
Rural and Regional Adjustment
Act 1994
1
Section 26(b)—
omit, insert—
(b)
a prescribed entity for the
Public Sector Act
2022, section 25, definition
prescribed entity,
paragraph (c).
2
Sections 31 and
36(4), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Security Providers Act
1993
1
Section 6(5), definition independent
investigator, ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Solicitor-General Act
1985
1
Sections 5(5), 7(5), 10(2) and (3) and 20(1), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
South Bank Corporation Act
1989
1
Section 3, definition government entity, ‘Public
Service Act 2008, section 24’—
omit, insert—
Public Sector Act
2022, section 276
2
Sections 31E(3) and 31G(5), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
South East Queensland Water
(Restructuring) Act 2007
1
Section 105(8), definition industrial
instrument, ‘Public
Service Act 2008, schedule 4’—
omit, insert—
Industrial Relations Act 2016, schedule
5
2
Schedule 3, definition government entity, ‘Public
Service Act 2008, section 24’—
omit, insert—
Public Sector Act
2022, section 276
3
Schedule 3, definition senior executive, ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
State Buildings Protective
Security Act 1983
1
Section 11, heading ‘Public Service
Act’—
omit, insert—
Public Sector Act 2022
2
Section 11,
‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
State Development and Public
Works Organisation Act 1971
1
Sections 7A(5)(b) and 14(3), ‘commission chief executive under the Public
Service Act 2008’—
omit, insert—
Public Sector Commissioner under the Public Sector Act 2022
2
Sections 14(4) and 111(2)(b), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
State Penalties Enforcement Act
1999
1
Section 10(1) and (3), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Superannuation (State Public
Sector) Act 1990
1
Section 33(3), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Supreme Court Library Act
1968
1
Section 19(3), definition government
entity, paragraph (a), ‘Public
Service Act 2008, section 24’—
omit, insert—
Public Sector Act
2022, section 276
Supreme Court of Queensland Act
1991
1
Sections 69(3), 73(3) and 77(2), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Survey and Mapping
Infrastructure Act 2003
1
Schedule, definition public
authority, paragraph (a), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
TAFE Queensland Act
2013
1
Sections 12(4) and 29(2), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
2
Section 55(2)(c)(ii), ‘Public
Service Act 2008, section 123’—
omit, insert—
Public Sector Act
2022, section 156
Taxation Administration Act
2001
1
Section 7(4), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Terrorism (Preventative
Detention) Act 2005
1
Section 62(2), last dot point, ‘Public
Service Act 2008, section 103’—
omit, insert—
Public Sector Act
2022, section 282
Tourism and Events Queensland
Act 2012
1
Sections 12(3), 36(3) and 38(5), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Trade and Investment Queensland
Act 2013
1
Sections 16(5) and 32(3), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Transport Infrastructure Act
1994
1
Schedule 6, definition rail government entity, paragraph
1, ‘Public
Service Act 2008, section 24(1)(c)’—
omit, insert—
Public Sector Act
2022, section 276(1)(b)
Transport Operations (Marine
Safety) Act 1994
1
Section 36(1) and (2), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Transport Planning and
Coordination Act 1994
1
Section 23(1), note, first dot point, ‘Public
Service Act 2008, especially section 98’—
omit, insert—
Public Sector Act
2022, especially section 177
Trust Accounts Act
1973
1
Section 26A(1), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Valuers Registration Act
1992
1
Section 17(2), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Veterinary Surgeons Act
1936
1
Section 14(2), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Victims of Crime Assistance Act
2009
1
Section 143(3), from ‘State
employee’ to ‘section 26B(4)’—
omit, insert—
prescribed person under the Public Sector Act 2022, section
267
2
Section 143(3), note, from ‘State
employees’—
omit, insert—
prescribed persons under the Public Sector Act
2022, section 267, see the Public Sector Act
2022, section 269.
3
Schedule 3, definition government entity, paragraph (a),
‘Public
Service Act 2008, section 24’—
omit, insert—
Public Sector Act
2022, section 276
Voluntary Assisted Dying Act
2021
1
Section 153(3), ‘State
employee’—
omit, insert—
prescribed person under the Public Sector Act 2022, section
267
2
Section 153(3), note, from
‘State’—
omit, insert—
prescribed persons under the Public Sector Act
2022, section 267, see the Public Sector Act
2022, section 269.
3
Section 153(4)—
omit.
Waste Reduction and Recycling
Act 2011
1
Section 132(1)(b)(i), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022, section 276
2
Section 266(3), from ‘State’ to
‘section 26B(4)’—
omit, insert—
prescribed person under the Public Sector Act 2022, section
267
Water Act
2000
1
Sections 167(3), 464(2) and (3), 466(1) and 476, ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
2
Section 724(7), definition government
agency, ‘Public
Service Act 2008, section 24’—
omit, insert—
Public Sector Act
2022, section 276
3
Schedule 4, definition government
entity, ‘Public
Service Act 2008, section 24’—
omit, insert—
Public Sector Act
2022, section 276
Wet Tropics World Heritage
Protection and Management Act 1993
1
Sections 23 and
33, ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
2
Section 34(4), from ‘State’ to ‘section 26B(4)’—
omit, insert—
prescribed person under the Public Sector Act 2022, section
267
Work Health and Safety Act
2011
1
Section 156(2), ‘Public
Service Act 2008, sections 183 and 184 as if reference in
those sections’—
omit, insert—
Public Sector Act
2022, section 82 as if a reference in
that section
2
Section 158(2), note, ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
3
Schedule 2, part 1, section 1(2), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
4
Schedule 2, part 2A, division 3, section 23G(4), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
5
Schedule 2, part 4, division 3, section 32, ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
6
Schedule 2, part 4, division 4, section 43, ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Workers’ Accommodation Act
1952
1
Section 7, heading, ‘Public Service
Act’—
omit, insert—
Public Sector Act 2022
2
Section 7(1), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
Workers’ Compensation and
Rehabilitation Act 2003
1
Sections 326(3), 442(3), 447(2), 475D(3) and 475F(5), ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
2
Section 331(2), note, ‘Public
Service Act 2008’—
omit, insert—
Public Sector Act
2022
3
Section 447(3)—
omit.
4
Section 452,
heading, from ‘equal’—
omit, insert—
equity, diversity, respect and inclusion
provisions under Public Sector Act 2022
5
Section 452, from
‘relevant’—
omit, insert—
prescribed entity for the Public Sector Act 2022, section 25,
definition prescribed entity, paragraph
(c).
6
Schedule 6, definition government entity, ‘Public
Service Act 2008, section 24’—
omit, insert—
Public Sector Act
2022, section 276
Working with Children (Risk
Management and Screening) Act 2000
1
Sections 235 and
293, heading,
‘Department’—
omit, insert—
Public sector entity
2
Sections 235(1)(b) and (4) and 293(1)(b) and (4), ‘department’—
omit, insert—
public sector entity
3
Sections 235(2) and 293(2), from ‘under the’ to ‘other department’—
omit, insert—
under the Public Sector Act
2022, chapter 3, part 5, division 4 to
decide whether or not the other public sector entity
4
Sections 235(2), note and 293(2), note—
omit, insert—
Note—
The Public
Sector Act 2022, chapter 3, part
5, division 4 does not apply in relation to the
engagement of particular persons by a public sector
entity. See section 64 of that Act.
5
Schedule 7—
insert—
public sector entity see
the Public Sector Act
2022, section 8.
6
Schedule 7, definition government entity, ‘Public
Service Act 2008, section 24’—
omit, insert—
Public Sector Act
2022, section 276
© State of Queensland
2022