Integrity Reform (Miscellaneous Amendments) Act 2010 (Qld)

Queensland Integrity Reform (Miscellaneous Amendments) Act 2010 Act No. 37 of 2010

Queensland Integrity Reform (Miscellaneous Amendments) Act 2010 Contents Part 1 1 2 Part 2 3 4 5 6 7 8 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Amendment of Ambulance Service Act 1991 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Replacement of pt 2, div 3, hdg (Staff of the service) . . . . . . . . . 14 Insertion of new pt 2, div 3, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Insertion of new s 13A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 13A Requirement to disclose previous history of serious disciplinary action . . . . . . . . . . . . . . . . . . . . . 15 Renumbering of pt 2, div 4 (Other matters about the service) . . . 15 Insertion of new pt 2, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Division 4 Disciplinary action for service officers and former service officers Subdivision 1 Grounds and disciplinary action generally 18A Grounds for discipline. . . . . . . . . . . . . . . . . . . . . . . . . 16 18B Disciplinary action that may be taken against a service officer generally . . . . . . . . . . . . . . . . . . . . . . . 18 Subdivision 2 Disciplinary action against a service officer who was a public service employee or fire service officer 18C Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . 19 18D Definitions for sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . 20 18E Action previous chief executive may take . . . . . . . . . . 21 18F Action employing chief executive may take . . . . . . . . 22 18G Declaration if same chief executive is the previous chief executive and employing chief executive . . . . . . 22

Integrity Reform (Miscellaneous Amendments) Act 2010 Contents 9 10 Part 3 11 12 13 14 15 16 Page 2 Subdivision 3 Disciplinary action against a former service officer 18H Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . 18I Action chief executive may take . . . . . . . . . . . . . . . . . Subdivision 4 Provisions about information about disciplinary action 18J Information about disciplinary action to be given by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18K Information about disciplinary action to be given to chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18L Use of particular information about disciplinary action obtained by chief executive in another capacity ............................. Subdivision 5 Other provisions about disciplinary action etc. 18M Suspension of service officer liable to discipline . . . . 18N Procedure for disciplinary action . . . . . . . . . . . . . . . . 18O Effect of suspension from duty . . . . . . . . . . . . . . . . . . 18P Additional procedures for suspension or termination . Insertion of new pt 8, div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 6 Provisions for Integrity Reform (Miscellaneous Provisions) Amendment Act 2010 96 Definition for div 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 Disciplinary action for acts or omissions happening before commencement. . . . . . . . . . . . . . . . . . . . . . . . 98 Disciplinary action against former public service employee or fire service officer. . . . . . . . . . . . . . . . . . 99 Disciplinary action against former service officer . . . . Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . Amendment of Auditor-GeneralAct2009 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of s 12 (Declaration of interests) . . . . . . . . . . . . . . 12 Declaration of interests. . . . . . . . . . . . . . . . . . . . . . . . 12A Conflicts of interest. . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 25 (Pecuniary interests declaration) . . . . . . . . . Insertion of new pt 7, div 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 74 (Definitions for pt 7) . . . . . . . . . . . . . . . . . . . Insertion of new pt 7, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2 Provision for Integrity Reform (Miscellaneous Amendments) Act 2010 23 24 25 26 27 28 28 29 30 30 30 30 31 31 31 34 35 35 37 37 38 38 38 2010 Act No. 37

Integrity Reform (Miscellaneous Amendments) Act 2010 Contents Part 4 17 18 19 Part 5 20 21 22 23 24 25 86 Declarations of interests by auditor-general and deputy auditor-general . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Civil Liability Act 2003 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new ch 4, pt 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 1A Apologies 72A Application of pt 1A . . . . . . . . . . . . . . . . . . . . . . . . . . 72B Purpose of pt 1A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72C Meaning of apology . . . . . . . . . . . . . . . . . . . . . . . . . . 72D Effect of apology on liability . . . . . . . . . . . . . . . . . . . . Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of FireandRescueServiceAct1990 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new ss 25B and 25C . . . . . . . . . . . . . . . . . . . . . . . . . 25B Requirement to disclose previous history of serious disciplinary action to chief executive ...... 25C Requirement to disclose previous history of serious disciplinary action to commissioner ....... Replacement of pt 4, div 3, hdg (Discipline and appeals) . . . . . . Amendment of s 30 (Discipline) . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 30A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30A Disciplinary action that may be taken against a fire service officer generally . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 4, div 3, sdivs 2–4 . . . . . . . . . . . . . . . . . . . . . Subdivision 2 Disciplinary action against a fire service officer who was a public service employee or ambulance service officer 30B Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . 30C Definitions for sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . 30D Action previous chief executive may take . . . . . . . . . . 30E Action employing chief executive may take . . . . . . . . 30F Declaration if same chief executive is the previous chief executive and employing chief executive . . . . . . Subdivision 3 Disciplinary action against a former fire service officer 30G Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . 30H Action chief executive may take . . . . . . . . . . . . . . . . . Subdivision 4 Provisions about information about disciplinary action 38 39 39 39 39 40 40 40 40 41 41 41 42 42 44 44 45 46 47 48 49 49 50 51 2010 Act No. 37 Page 3

Integrity Reform (Miscellaneous Amendments) Act 2010 Contents 26 27 28 Part 6 29 30 31 Part 7 32 33 34 35 37 38 39 40 41 42 43 44 45 46 30I Information about disciplinary action to be given by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30J Information about disciplinary action to be given to chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30K Use of particular information about disciplinary action obtained by chief executive in another capacity Insertion of new pt 4, div 3, sdiv 5, hdg . . . . . . . . . . . . . . . . . . . . Insertion of new pt 12, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 5 Provisions for Integrity Reform (Miscellaneous Amendments) Act 2010 190 Definition for div 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . 191 Particular disciplinary grounds only apply to acts or omissions happening after commencement. . . . . . . . 192 Disciplinary action against former public service employee or ambulance service officer . . . . . . . . . . . 193 Disciplinary action against former fire service officer . Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of GovernmentOwnedCorporationsAct1993 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 156 (Application of CrimeandMisconductAct) Amendment of sch 4 (Application of chapter 3 of Act to prescribed GOC subsidiaries) . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Integrity Act 2009 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 11 (Meaning of interests issues) . . . . . . . . . . . . Amendment of s 15 (Request for advice) . . . . . . . . . . . . . . . . . . . Amendment of s 16 (Request by Premier) . . . . . . . . . . . . . . . . . . Amendment of s 23 (Advice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 29 (Disclosure to Premier) . . . . . . . . . . . . . . . . Amendment of s 32 (Disclosure to Leader of the Opposition) . . . Amendment of s 33 (Disclosure to chief executive officer). . . . . . Amendment of s 34 (Definitions for division) . . . . . . . . . . . . . . . . Amendment of s 36 (Disclosure by member to whom a relevant document relates). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 38 (Disclosure to Premier) . . . . . . . . . . . . . . . . Amendment of s 39 (Disclosure to Leader of the Opposition) . . . Amendment of s 41 (Meaning of lobbyist and related concepts) . Amendment of s 42 (Meaning of lobbying activity and contact) . . 52 53 54 55 55 56 56 56 56 56 59 59 59 60 60 60 61 61 61 62 62 62 63 63 63 63 64 Page 4 2010 Act No. 37

Integrity Reform (Miscellaneous Amendments) Act 2010 Contents 47 Amendment of s 45 (Meaning of former senior government representative) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 48 Amendment of s 49 (Register) . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 49 Amendment of s 54 (Integrity commissioner’s powers before deciding application). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 50 Amendment of s 57 (Show cause notice). . . . . . . . . . . . . . . . . . . 66 51 Amendment of pt 2, div 4, hdg (Cancellation of registration) . . . . 66 52 Amendment of s 62 (Grounds for cancellation) . . . . . . . . . . . . . . 66 53 Amendment of s 63 (Show cause notice). . . . . . . . . . . . . . . . . . . 66 54 Amendment of s 65 (No cancellation) . . . . . . . . . . . . . . . . . . . . . 67 55 Amendment of s 66 (Cancellation) . . . . . . . . . . . . . . . . . . . . . . . . 67 56 Insertion of new s 66A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 66A Alternatives to cancellation. . . . . . . . . . . . . . . . . . . . . 68 57 Amendment of s 68 (Lobbyists code of conduct) . . . . . . . . . . . . . 69 58 Amendment of s 71 (Lobbying by unregistered entity prohibited) 69 59 Insertion of new ch 4, pt 4 and ch 4A . . . . . . . . . . . . . . . . . . . . . . 70 Part 4 Miscellaneous 72A Disclosure of information . . . . . . . . . . . . . . . . . . . . . . 70 Chapter 4A Declaration of interests by statutory office holders 72B Definition for ch 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 72C Declaration of interests. . . . . . . . . . . . . . . . . . . . . . . . 71 72D Conflicts of interest. . . . . . . . . . . . . . . . . . . . . . . . . . . 72 60 Replacement of ss 80 and 81. . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 80 Declaration of interests. . . . . . . . . . . . . . . . . . . . . . . . 73 81 Conflicts of interest. . . . . . . . . . . . . . . . . . . . . . . . . . . 74 61 Amendment of s 85 (Annual reports of integrity commissioner). . 75 62 Insertion of ch 8, div 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 63 Insertion of new ch 8, div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 Division 2 Provisions for Integrity Reform (Miscellaneous Amendments) Act 2010 100 Declarations of interests by statutory office holders. . 76 101 Declaration of interests by integrity commissioner . . . 76 64 Insertion of new sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 Schedule 1 Statutory office holders for section 72C 65 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 79 2010 Act No. 37 Page 5

Integrity Reform (Miscellaneous Amendments) Act 2010 Contents Part 8 66 67 68 69 Part 9 70 71 72 73 74 75 76 77 78 79 Part 10 80 81 82 83 Page 6 Amendment of Ombudsman Act 2001 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new ss 63A and 63B . . . . . . . . . . . . . . . . . . . . . . . . . 63A Declaration of interests. . . . . . . . . . . . . . . . . . . . . . . . 63B Conflicts of interest. . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 12, div 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 12, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2 Provision for Integrity Reform (Miscellaneous Amendments) Act 2010 104 Declaration of interests. . . . . . . . . . . . . . . . . . . . . . . . Amendment of Parliament of Queensland Act 2001 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 11 (Standing rules and orders may be made) . . Amendment of s 37 (Meaning of contempt of the Assembly). . . . Insertion of new s 59A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59A References to when the Assembly is not sitting . . . . . Insertion of new ch 4, pt 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 2A Registers of interests 69A Definitions for pt 2A . . . . . . . . . . . . . . . . . . . . . . . . . . 69B Statements of interests. . . . . . . . . . . . . . . . . . . . . . . . 69C Registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 70 (Meaning of transacts business) . . . . . . . . . Amendment of s 71 (Restrictions on member transacting business with an entity of the State). . . . . . . . . . . . . . . . . . . . . . . Insertion of new ch 10, pts 1, 2 and 3, hdgs. . . . . . . . . . . . . . . . . Insertion of new ch 10, pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 4 Integrity Reform (Miscellaneous Amendments) Act 2010 165 Statements of interests. . . . . . . . . . . . . . . . . . . . . . . . 166 Registers under standing rules and orders . . . . . . . . 167 Provision for amendments to ss 70 and 71 . . . . . . . . Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . Amendment of PublicSectorEthicsAct1994 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of pt 2, hdg (Ethics principles for public officials) . . Amendment of s 4 (Declaration of ethics principles) . . . . . . . . . . Replacement of pt 3 (Ethics obligations for public officials) . . . . . 81 81 81 83 84 84 84 85 85 85 85 85 86 86 87 88 88 89 90 90 91 91 91 92 92 92 92 93 2010 Act No. 37

Integrity Reform (Miscellaneous Amendments) Act 2010 Contents Part 3 Ethics values Division 1 Nature, purpose and application of ethics values 5 Nature, purpose and application of values . . . . . . . . . 93 Division 2 The ethics values 6 Integrity and impartiality . . . . . . . . . . . . . . . . . . . . . . . 93 7 Promoting the public good . . . . . . . . . . . . . . . . . . . . . 94 8 Commitment to the system of government. . . . . . . . . 95 9 Accountability and transparency . . . . . . . . . . . . . . . . 95 84 Replacement of pt 4, div 1, hdg (Codes of conduct) . . . . . . . . . . 96 85 Replacement of ss 12 and 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 10 Nature and purpose of codes . . . . . . . . . . . . . . . . . . . 96 Division 1A Public service agencies Subdivision 1 Code of conduct for public service agencies 11 Application of code . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 12 Contents of code . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 12A Preparation of code . . . . . . . . . . . . . . . . . . . . . . . . . . 98 12B Approval of code. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 12C Review of code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 Subdivision 2 Standards of practice for public service agencies 12D Nature and application of a standard of practice . . . . 99 12E Preparation of standard . . . . . . . . . . . . . . . . . . . . . . . 100 12F Approval of standard . . . . . . . . . . . . . . . . . . . . . . . . . 100 12G Review of standard. . . . . . . . . . . . . . . . . . . . . . . . . . . 101 Subdivision 3 Public officials to comply with code of conduct and standard of practice 12H Compliance with code and standard of practice. . . . . 101 Subdivision 4 Additional responsibilities of chief executive officers 12I Access to ethics principles and values, and code of conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 12J Publication of code of conduct and standards of practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 12K Education and training . . . . . . . . . . . . . . . . . . . . . . . . 102 12L Procedures and practices of public service agencies 102 12M Reporting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 Division 1B Public sector entities 2010 Act No. 37 Page 7

Integrity Reform (Miscellaneous Amendments) Act 2010 Contents 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 Part 11 105 106 107 108 Page 8 Subdivision 1 Codes of conduct for public sector entities 13 Application of codes . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 14 (Contents of codes) . . . . . . . . . . . . . . . . . . . Omission of pt 4, div 2, hdg (Preparation and approval of codes of conduct) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 16 (Consultations in preparation of codes) . . . . Amendment of s 17 (Approval of codes) . . . . . . . . . . . . . . . . . . . Renumbering of pt 4, div 3 (Public officials to comply with codes) Amendment of s 18 (Compliance with codes) . . . . . . . . . . . . . . . Renumbering of pt 5 (Additional responsibilities of chief executive officers). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of s 19 (Access to ethics principles and obligations and codes of conduct) . . . . . . . . . . . . . . . . . . . . . . . . 19 Access to ethics values and codes of conduct . . . . . . Amendment of s 20 (Inspection of codes of conduct) . . . . . . . . . Amendment of s 21 (Education and training) . . . . . . . . . . . . . . . . Amendment of s 22 (Procedures and practices of public sector entities) ........................................ Amendment of s 23 (Implementation statements) . . . . . . . . . . . . Renumbering of pt 4, divs 1A and 1B. . . . . . . . . . . . . . . . . . . . . . Replacement of pt 6, hdg (Disciplinary action for contravention of approved codes of conduct) . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 23A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23A Application of pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 24 (Disciplinary action) . . . . . . . . . . . . . . . . . . . Renumbering of pt 7 (Miscellaneous). . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 7 Transitional provisions for Integrity Reform (Miscellaneous Amendments) Act 2010 26 Codes of conduct for public sector entities. . . . . . . . . 27 Codes of conduct for public service agencies . . . . . . Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . Amendment of Public Service Act 2008 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 9 (Public service employees) . . . . . . . . . . . . . . Amendment of s 12 (Application of Act to various types of employees etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 104 105 105 105 105 106 106 106 106 106 107 107 107 107 107 108 108 108 108 108 109 109 110 113 113 113 114 2010 Act No. 37

Integrity Reform (Miscellaneous Amendments) Act 2010 Contents 109 Amendment of s 26 (Work performance and personal conduct principles) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 110 Amendment of s 46 (Main functions) . . . . . . . . . . . . . . . . . . . . . . 114 111 Amendment of s 53 (Rulings by commission chief executive) . . . 115 112 Amendment of s 57 (Basis of employment) . . . . . . . . . . . . . . . . . 115 113 Amendment of s 58 (Main functions) . . . . . . . . . . . . . . . . . . . . . . 115 114 Amendment of s 62 (Delegation) . . . . . . . . . . . . . . . . . . . . . . . . . 116 115 Amendment of s 77 (Staff members of the commission) . . . . . . . 116 116 Amendment of s 78 (Staff subject to direction by commission chief executive) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 117 Insertion of new ch 3, pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 Part 5 Appeals officer 88A Appeals officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 88B Acting as appeals officer . . . . . . . . . . . . . . . . . . . . . . 117 88C Appeals officer’s functions . . . . . . . . . . . . . . . . . . . . . 118 88D Report on performance of functions . . . . . . . . . . . . . . 118 88E Staff members to help appeals officer . . . . . . . . . . . . 119 88F Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 88G Duty of persons performing appeal functions . . . . . . . 119 118 Amendment of s 112 (Acting senior executives) . . . . . . . . . . . . . 120 119 Amendment of s 113 (Contractual basis of employment). . . . . . . 120 120 Amendment of s 114 (Term of appointment) . . . . . . . . . . . . . . . . 120 121 Amendment of s 120 (Secondment). . . . . . . . . . . . . . . . . . . . . . . 121 122 Amendment of s 126 (Appointments on probation) . . . . . . . . . . . 121 123 Amendment of s 127 (Requirement about citizenship etc.) . . . . . 122 124 Omission of ch 5, pt 4, div 1, hdg (General provisions) . . . . . . . . 122 125 Amendment of s 137 (Suspension other than as disciplinary action) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 126 Omission of ch 5, pt 4, div 2 (Removal of statutory office holders who are term appointees) . . . . . . . . . . . . . . . . . . . . . . . . 123 127 Amendment of s 149 (Review of status of temporary employee) . 123 128 Insertion of new s 179AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 179AA Directives about applying this part . . . . . . . . . . . . . . . 125 129 Amendment of s 179A (Requirement to disclose previous history of serious disciplinary action) . . . . . . . . . . . . . . . . . . . . . . 125 130 Amendment of ch 6, hdg (Disciplinary action for public service officers and former public service officers). . . . . . . . . . . . . . . . . . 125 131 Amendment of s 186A (Definitions for ch 6). . . . . . . . . . . . . . . . . 125 2010 Act No. 37 Page 9

Integrity Reform (Miscellaneous Amendments) Act 2010 Contents 132 Amendment of s 187 (Grounds for discipline) . . . . . . . . . . . . . . . 126 133 Amendment of s 187A (How disciplinary action may be taken against a public service officer after the officer changes employment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 134 Amendment of s 188 (Disciplinary action that may be taken against a public service officer) . . . . . . . . . . . . . . . . . . . . . . . . . . 127 135 Amendment of s 188A (Disciplinary action that may be taken against a former public service officer). . . . . . . . . . . . . . . . . . . . . 128 136 Insertion of new s 188AB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 188AB Disciplinary action that may be taken against a former ambulance service officer or former fire service officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 137 Amendment of s 188B (Information about disciplinary action to be given by chief executive) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 138 Amendment of s 189 (Suspension of public service officer liable to discipline) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 139 Amendment of s 190 (Procedure for disciplinary action) . . . . . . . 131 140 Amendment of s 191 (Effect of suspension from duty). . . . . . . . . 132 141 Amendment of s 192 (Additional procedures for suspension or termination) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 142 Replacement of ch 7, pt 1, hdg (Appeals to the commission chief executive) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 143 Amendment of s 193 (Appeals to commission chief executive) . . 133 144 Amendment of s 194 (Decisions against which appeals may be made) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 145 Amendment of s 195 (Decisions against which appeals can not be made) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 146 Amendment of s 196 (Who may appeal) . . . . . . . . . . . . . . . . . . . 134 147 Amendment of s 197 (Starting an appeal) . . . . . . . . . . . . . . . . . . 135 148 Amendment of s 198 (Notice by commission chief executive of appeal) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 149 Amendment of s 199 (Stay of operation of decisions etc.) . . . . . . 135 150 Amendment of s 200 (Commission chief executive may decline to hear particular appeals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 151 Amendment of s 201 (Appeal is by way of review) . . . . . . . . . . . . 136 152 Amendment of s 202 (Commission chief executive’s functions on appeal) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 153 Amendment of s 203 (Commission chief executive may decide procedures) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 154 Amendment of s 204 (Representation of parties) . . . . . . . . . . . . 137 Page 10 2010 Act No. 37

Integrity Reform (Miscellaneous Amendments) Act 2010 Contents 155 Amendment of s 205 (Commission chief executive’s powers on appeal) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 156 Amendment of s 206 (Withdrawing an appeal) . . . . . . . . . . . . . . 138 157 Amendment of s 208 (Decision on appeal) . . . . . . . . . . . . . . . . . 138 158 Amendment of s 209 (Criteria for deciding process deficiency) . . 138 159 Replacement of s 210 (Reopening decided appeals) . . . . . . . . . 139 210 Decision on appeal is binding on parties . . . . . . . . . . 139 160 Amendment of s 211 (Attendance at an appeal is part of an employee’s duties) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 161 Amendment of s 212 (Public service employee’s entitlements for attending appeal as part of duties) . . . . . . . . . . . . . . . . . . . . . 139 162 Amendment of s 213 (Entitlement of non-public service employees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 163 Amendment of s 214 (Relevant department’s or public service office’s financial obligation for appeal) . . . . . . . . . . . . . . . . . . . . . 139 164 Insertion of new ss 214A and 214B . . . . . . . . . . . . . . . . . . . . . . . 140 214A Protection of appeals officials from liability. . . . . . . . . 140 214B Commission chief executive must make directive for this part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 165 Amendment of s 215 (Jurisdiction of IRC for industrial matters) . 141 166 Amendment of s 216 (Application of pt 3) . . . . . . . . . . . . . . . . . . 141 167 Insertion of new ch 7, pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 Part 4 Miscellaneous 218A Commission chief executive may make directive about dealing with complaints by officers and employees .......................... 141 168 Amendment of ch 9, pt 2, hdg (Transitional provisions for PublicServiceAct2008) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 169 Insertion of new ch 9, pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 Part 7 Transitional provisions for Integrity Reform (Miscellaneous Amendments) Act 2010 268 Definitions for pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 269 Appeals officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 270 Appointments on probation if probationary period has not ended. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 271 Application of s 127 to appointments made before the commencement . . . . . . . . . . . . . . . . . . . . . . . . . . 144 272 Review of status of general employees employed on a temporary basis before the commencement . . . . . . 144 2010 Act No. 37 Page 11

Integrity Reform (Miscellaneous Amendments) Act 2010 Contents 170 171 Part 12 172 173 Part 13 174 175 176 Part 14 177 Schedule 273 Review of status of temporary employees employed more than 2 years at the commencement . . . . . . . . . 274 Disciplinary action against general and temporary employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 275 Disciplinary action against former general and temporary employees . . . . . . . . . . . . . . . . . . . . . . . . . 276 Appeals not started at commencement . . . . . . . . . . . 277 Appeals started at commencement . . . . . . . . . . . . . . 278 Reopening decisions made before the commencement ....................... 279 Amendment of PublicServiceRegulation2008 . . . . . Omission of sch 2 (Statutory office holders who are not term appointees). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of PublicServiceRegulation2008 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 7 (Application of appeal provisions) . . . . . . . . . Amendment of RighttoInformationAct2009 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new ss 140A and 140B . . . . . . . . . . . . . . . . . . . . . . . 140A Declaration of interests. . . . . . . . . . . . . . . . . . . . . . . . 140B Conflicts of interest. . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new ch 7, pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 4 Transitional provision for Integrity Reform (Miscellaneous Amendments) Act 2010 206A Declaration of interests by information commissioner Minor and consequential amendments Acts amended in schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CorrectiveServicesAct2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . Education(GeneralProvisions)Act2006. . . . . . . . . . . . . . . . . . . ParliamentofQueenslandAct2001. . . . . . . . . . . . . . . . . . . . . . . TransportOperations(PassengerTransport)Act1994 . . . . . . . . 146 147 147 148 148 149 149 149 149 151 151 151 152 152 154 154 155 155 156 156 156 156 158 Page 12 2010 Act No. 37

Queensland Integrity Reform (Miscellaneous Amendments) Act 2010 Act No. 37 of 2010 An Act to amend the Ambulance Service Act 1991, the Auditor-General Act2009, the Civil Liability Act 2003, the Corrective Services Act 2006, the Education (General Provisions) Act 2006, the Fire and Rescue Service Act1990, the Government Owned Corporations Act 1993, the Integrity Act 2009, the Ombudsman Act 2001, the Parliament of Queensland Act 2001, the Public Sector Ethics Act 1994, the Public Service Act 2008, the PublicService Regulation 2008, the Right to Information Act 2009 and the Transport Operations (Passenger Transport) Act 1994 for particular purposes [Assented to 20 September 2010]

Integrity Reform (Miscellaneous Amendments) Act 2010 Part 1 Preliminary [s 1] The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the Integrity Reform (Miscellaneous Amendments) Act 2010 . 2 Commencement This Act commences on a day to be fixed by proclamation. Part 2 Amendment of Ambulance Service Act 1991 3 Act amended This part amends the Ambulance Service Act 1991 . 4 Replacement of pt 2, div 3, hdg (Staff of the service) Part 2, division 3, heading— omit, insert— ‘Division 2 The commissioner’. 5 Insertion of new pt 2, div 3, hdg After section 9— insert— Page 14 2010 Act No. 37

‘Division 3 Integrity Reform (Miscellaneous Amendments) Act 2010 Part 2 Amendment of Ambulance Service Act 1991 [s 6] Staff of the service generally’. 6 Insertion of new s 13A After section 13— insert— ‘13A Requirement to disclose previous history of serious disciplinary action ‘(1) If the chief executive proposes to appoint a person under section 13, the chief executive may require the person to disclose to the chief executive particulars of any serious disciplinary action taken against the person. ‘(2) The person must comply with the requirement before the appointment takes effect and within the time and in the way stated by the chief executive. ‘(3) The chief executive may have regard to information disclosed by the person under this section in deciding whether to appoint the person under section 13. ‘(4) The chief executive is not required to further consider the person for appointment under section 13 if the person— (a) fails to comply with the requirement; or (b) gives false or misleading information in response to the requirement.’. 7 Renumbering of pt 2, div 4 (Other matters about the service) Part 2, division 4— renumber as part 2, division 5. 8 Insertion of new pt 2, div 4 Part 2— insert— 2010 Act No. 37 Page 15

Integrity Reform (Miscellaneous Amendments) Act 2010 Part 2 Amendment of Ambulance Service Act 1991 [s 8] ‘Division 4 Disciplinary action for service officers and former service officers ‘Subdivision 1 Grounds and disciplinary action generally ‘18A Grounds for discipline ‘(1) The chief executive may discipline a service officer if the chief executive is reasonably satisfied the officer has— (a) performed the officer’s 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 officer as a service officer by a responsible person; or (e) used, without reasonable excuse, a substance to an extent that has adversely affected the competent performance of the officer’s duties; or (f) contravened, without reasonable excuse, a requirement of the chief executive under section 13A(1) in relation to the officer’s appointment 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 this Act or an obligation imposed on the person under— (i) a code of practice; or (ii) a code of conduct— (A) approved under the Public Sector Ethics Act1994 ; or Page 16 2010 Act No. 37

Integrity Reform (Miscellaneous Amendments) Act 2010 Part 2 Amendment of Ambulance Service Act 1991 [s 8] (B) prescribed under a directive of the commission chief executive under the PublicService Act 2008 ; or (iii) an industrial instrument. ‘(2) A disciplinary ground arises when the act or omission constituting the ground is done or made. ‘(3) Also, the chief executive may— (a) discipline a service officer under subdivision 2 if a ground mentioned in subsection (1) exists; or (b) discipline a former service officer under subdivision 3 or 4 on the same grounds mentioned in subsection (1). ‘(4) If the chief executive is contemplating taking disciplinary action against a service officer in relation to performance or conduct that the chief executive considers may have been influenced by the officer’s health, or on the ground of absence from duty, the chief executive may— (a) appoint a medical practitioner to examine the officer and to give the chief executive a written report about the officer’s mental or physical condition, or both; and (b) direct the officer to submit to the medical examination. ‘(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 ambulance service. Example of misconduct — victimising another service officer in the course of the other officer’s employment in the ambulance service responsible person , for a direction, means a person with authority to give the direction, whether the authority derives from this Act or otherwise. 2010 Act No. 37 Page 17

Integrity Reform (Miscellaneous Amendments) Act 2010 Part 2 Amendment of Ambulance Service Act 1991 [s 8] ‘18B Disciplinary action that may be taken against a service officer generally ‘(1) In disciplining a service officer, the chief executive may take the action, or order the action be taken, ( disciplinary action ) that the chief executive considers reasonable in the circumstances. Examples of disciplinary action — • termination of employment • reduction of classification level and a consequential change of duties • transfer or redeployment to other ambulance service employment • forfeiture or deferment of a remuneration increment or increase • reduction of remuneration level • imposition of a monetary penalty • if a penalty is imposed, a direction that the amount of the penalty be deducted from the officer’s periodic remuneration payments • a reprimand ‘(2) If the disciplinary action is taken following an agreement under section 18F(1) between the previous chief executive and the employing chief executive mentioned in the section, the chief executives must agree on the disciplinary action. ‘(3) A monetary penalty can not be more than the total of 2 of the officer’s periodic remuneration payments. ‘(4) Also, an amount directed to be deducted from any particular periodic remuneration payment of the officer— (a) must not be more than half of the amount payable to or for the officer in relation to the payment; and (b) must not reduce the amount of salary payable to the officer in relation to the period to less than— (i) if the officer has a dependant—the guaranteed minimum wage for each week of the period; or (ii) otherwise—two-thirds of the guaranteed minimum wage for each week of the period. ‘(5) An order under subsection (1) is binding on anyone affected by it. Page 18 2010 Act No. 37

Integrity Reform (Miscellaneous Amendments) Act 2010 Part 2 Amendment of Ambulance Service Act 1991 [s 8] Note — See the following provisions in relation to appeals against a decision of the chief executive to take disciplinary action against a person— (a) the Public Service Act 2008, sections 23 and 194; (b) the Public Service Regulation 2008 , sections 5 and 7 and schedule 1, item 4. ‘Subdivision 2 Disciplinary action against a service officer who was a public service employee or fire service officer ‘18C Application of sdiv 2 ‘(1) This subdivision applies if— (a) a person is a public service employee in a department and a relevant disciplinary ground arises in relation to the person; and (b) after the relevant disciplinary ground arises, the person changes employment from that department to employment under section 13. ‘(2) This subdivision also applies if— (a) a person is a fire service officer and a relevant disciplinary ground arises in relation to the person; and (b) after the relevant disciplinary ground arises, the person changes employment from employment as a fire service officer to employment under section 13. ‘(3) However, this subdivision does not apply if the person’s previous chief executive has taken, is taking, or intends to take, disciplinary action against the person under a relevant disciplinary provision. Note — See— 2010 Act No. 37 Page 19

Integrity Reform (Miscellaneous Amendments) Act 2010 Part 2 Amendment of Ambulance Service Act 1991 [s 8] (a) the PublicServiceAct2008 , section 188A in relation to taking disciplinary action against a person who was a public service employee; and (b) the FireandRescueServiceAct1990 , part 4, division 3, subdivision 3 in relation to taking disciplinary action against a person who was a fire service officer. ‘(4) For this section, a person changes employment from a department, or from employment as a fire service officer, to employment under section 13 if— (a) the person’s employment under section 13 starts after the person’s employment in the department or as a fire service officer ends; or (b) the person is employed under section 13 following the commissioner transferring or redeploying the person from the department or the Queensland Fire and Rescue Service. Note — See the following provisions in relation to transfers or deployments by the commissioner— (a) the Public Service Act 2008, sections 23 and 133; (b) the Public Service Regulation 2008 , section 5 and schedule 1, item 4. ‘18D Definitions for sdiv 2 ‘In this subdivision— disciplinary finding , in relation to a relevant disciplinary ground, means a finding that a relevant disciplinary ground exists. employing chief executive means the chief executive under this Act. previous chief executive means— (a) for a person who was a public service employee—the chief executive of the department in which the person held an appointment, or was employed, as a public service employee; or Page 20 2010 Act No. 37

Integrity Reform (Miscellaneous Amendments) Act 2010 Part 2 Amendment of Ambulance Service Act 1991 [s 8] (b) for a person who was a fire service officer—the fire service chief executive . relevant disciplinary ground means— (a) for a person who was a public service employee—a disciplinary ground under the Public Service Act 2008 ; or (b) for a person who was a fire service officer—a disciplinary ground under the FireandRescueServiceAct 1990. relevant disciplinary provision means— (a) for a person who was a public service employee—the Public Service Act 2008 , chapter 6; or (b) for a person who was a fire service officer—the Fire andRescue Service Act 1990 , part 4, division 3. ‘18E Action previous chief executive may take ‘(1) The person’s previous chief executive may make a disciplinary finding about the relevant disciplinary ground even though the person is no longer employed— (a) for the chief executive of a department—as a public service employee in the chief executive’s department; or (b) for the fire service chief executive — as a fire service officer. ‘(2) The previous chief executive may not take disciplinary action about the relevant disciplinary ground other than to the extent provided under section 18F(1). ‘(3) Despite subsection (1) and without limiting or being limited by any other power of delegation under any Act, the previous chief executive may delegate to the employing chief executive the authority under subsection (1) to make a disciplinary finding about the person. ‘(4) The previous chief executive may give to the employing chief executive any information about a person or a relevant 2010 Act No. 37 Page 21

Integrity Reform (Miscellaneous Amendments) Act 2010 Part 2 Amendment of Ambulance Service Act 1991 [s 8] disciplinary ground relating to the person to help the employing chief executive to perform a function under section 18F(1) or (2) in relation to the person. ‘18F Action employing chief executive may take ‘(1) If— (a) the previous chief executive makes a disciplinary finding about the relevant disciplinary ground; and (b) the previous chief executive and the employing chief executive agree that disciplinary action against the person is reasonable in the circumstances; the employing chief executive may take disciplinary action against the person under section 18B as if a disciplinary ground under section 18A exists. ‘(2) If— (a) the previous chief executive delegates to the employing chief executive the authority under section 18E(1) to make a disciplinary finding about the person; and (b) the employing chief executive makes a disciplinary finding about the person; the employing chief executive may take disciplinary action against the person under section 18B without the agreement of the previous chief executive. ‘18G Declaration if same chief executive is the previous chief executive and employing chief executive ‘(1) This section applies if, in relation to a person who is a service officer, the chief executive is both the previous chief executive and employing chief executive under this subdivision. ‘(2) This subdivision applies with necessary changes to allow the chief executive to take disciplinary action against the person as provided under this subdivision. Page 22 2010 Act No. 37

‘Subdivision 3 Integrity Reform (Miscellaneous Amendments) Act 2010 Part 2 Amendment of Ambulance Service Act 1991 [s 8] Disciplinary action against a former service officer ‘18H Application of sdiv 3 ‘(1) This subdivision applies if— (a) a disciplinary ground arises in relation to a service officer (the former service officer ); and (b) after the disciplinary ground arises, the officer’s employment as a service officer ends for any reason. ‘(2) However, this subdivision does not apply in relation to a former service officer if the chief executive is aware— (a) the officer is a public service employee in a department and the officer’s chief executive under the PublicService Act 2008 has taken, is taking, or intends to take disciplinary action against the officer under section 188AB of that Act; or Note — The Public Service Act 2008 , section 188AB provides for a public service employee’s chief executive to take disciplinary action under that Act against the employee in relation to a disciplinary ground that arose under this Act while the employee was a service officer. The section also empowers the chief executive under this Act to do particular things to facilitate disciplinary action being taken under the section. (b) the officer is a fire service officer and the fire service chief executive has taken, is taking, or intends to take disciplinary action against the officer under the Fire andRescue Service Act 1990 , part 4, division 3, subdivision 2. Note — The Fire and Rescue Service Act 1990 , part 4, division 3, subdivision 2 provides for the fire service chief executive to take disciplinary action under that Act against a fire service officer in relation to a disciplinary ground that arose under this Act while the fire service officer was a service officer. The subdivision also empowers the chief executive under this Act to do particular 2010 Act No. 37 Page 23

Integrity Reform (Miscellaneous Amendments) Act 2010 Part 2 Amendment of Ambulance Service Act 1991 [s 8] things to facilitate disciplinary action being taken under the subdivision. ‘18I Action chief executive may take ‘(1) The chief executive may make a disciplinary finding or take or continue to take disciplinary action against the former service officer in relation to the disciplinary ground. ‘(2) The disciplinary finding or disciplinary action must be made or taken within a period of 2 years after the end of the officer’s appointment. ‘(3) However, subsection (2) does not stop disciplinary action being taken following an appeal or review. ‘(4) Subsection (2) 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 Misconduct Commission of suspected official misconduct under the CrimeandMisconductAct 2001. ‘(5) In disciplining the former service officer, the chief executive may make a disciplinary declaration and may not take any other disciplinary action. ‘(6) The chief executive may only make a disciplinary declaration if the disciplinary action that would have been taken against the officer if the officer’s employment had not ended would have been— (a) termination of employment; or (b) reduction of classification level. ‘(7) The making of the disciplinary declaration does not affect the way in which the officer’s employment ended, or any benefits, rights or liabilities arising because the employment ended. ‘(8) In this section— disciplinary declaration means a declaration of— Page 24 2010 Act No. 37

Integrity Reform (Miscellaneous Amendments) Act 2010 Part 2 Amendment of Ambulance Service Act 1991 [s 8] (a) the disciplinary finding against the former service officer; and (b) the disciplinary action that would have been taken against the officer if the officer’s employment had not ended. ‘Subdivision 4 Provisions about information about disciplinary action ‘18J Information about disciplinary action to be given by chief executive ‘(1) This section applies if— (a) the chief executive of a department (the other chief executive ) asks the chief executive under this Act (the ambulance service chief executive ) for disciplinary information that the ambulance service chief executive has about a person who is or was a service officer; and (b) the information is reasonably necessary for the other chief executive to make a decision about— (i) an appointment or continued appointment, or employment or continued employment, of the person by the other chief executive; or (ii) a disciplinary finding, disciplinary action or disciplinary declaration the other chief executive is considering in relation to the person under a relevant Act. ‘(2) The ambulance service chief executive must give the disciplinary information to the other chief executive unless the ambulance service chief executive is reasonably 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 the ambulance service chief executive about a person, means 2010 Act No. 37 Page 25

Integrity Reform (Miscellaneous Amendments) Act 2010 Part 2 Amendment of Ambulance Service Act 1991 [s 8] information about the following made or taken against the person under this Act by the ambulance service chief executive or the commissioner— (a) a current investigation into whether the person should be disciplined; (b) a finding that the person should be disciplined; (c) possible disciplinary action under consideration; (d) disciplinary action, including a disciplinary declaration. relevant Act means— (a) the Public Service Act 2008 ; or (b) the Fire and Rescue Service Act 1990. this Act includes a disciplinary provision of a code of practice, including a code of practice as in force from time to time before the commencement of this section. ‘18K Information about disciplinary action to be given to chief executive ‘(1) This section applies if— (a) the chief executive (the ambulance service chief executive ) asks the chief executive of another department (the other chief executive ) for disciplinary information that the other chief executive has about a person who is or was— (i) a public service employee; or (ii) a fire service officer; and (b) the information is reasonably necessary for the ambulance service chief executive to make a decision about— (i) the employment or continued employment of the person under section 13; or (ii) a disciplinary finding, disciplinary action or disciplinary declaration the ambulance service Page 26 2010 Act No. 37

Integrity Reform (Miscellaneous Amendments) Act 2010 Part 2 Amendment of Ambulance Service Act 1991 [s 8] chief executive is considering in relation to the person under this Act. ‘(2) The other chief executive must give the disciplinary information to the ambulance service chief executive unless the other chief executive is reasonably 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 the other chief executive about a person, means information about the following made or taken against the person under a public sector disciplinary law by the other chief executive or another entity— (a) a current investigation into whether the person should be disciplined; (b) a finding that the person should be disciplined; (c) possible disciplinary action under consideration; (d) disciplinary action, including a disciplinary declaration. ‘18L Use of particular information about disciplinary action obtained by chief executive in another capacity ‘(1) This section applies if— (a) under a relevant Act, the chief executive has or has access to disciplinary information about a person who is or was— (i) a public service employee; or (ii) a fire service officer; and (b) the information is reasonably necessary for the chief executive to make a decision about— (i) the appointment or continued appointment of the person under section 13; or 2010 Act No. 37 Page 27

Integrity Reform (Miscellaneous Amendments) Act 2010 Part 2 Amendment of Ambulance Service Act 1991 [s 8] (ii) a disciplinary finding, disciplinary action or disciplinary declaration the chief executive is considering in relation to the person under this Act. ‘(2) Despite any other Act or law, the chief executive may use the disciplinary information for the purpose of making the decision mentioned in subsection (1)(b). ‘(3) In this section— disciplinary information means information about the following made or taken against the person under a public sector disciplinary law— (a) a current investigation into whether the person should be disciplined; (b) a finding that the person should be disciplined; (c) possible disciplinary action under consideration; (d) disciplinary action, including a disciplinary declaration. relevant Act means— (a) the Public Service Act 2008 ; or (b) the Fire and Rescue Service Act 1990 . ‘Subdivision 5 Other provisions about disciplinary action etc. ‘18M Suspension of service officer liable to discipline ‘(1) The chief executive may suspend a service officer from duty if the chief executive reasonably believes the officer is liable to discipline under this Act. ‘(2) The chief executive may cancel the suspension at any time. ‘18N Procedure for disciplinary action ‘(1) In disciplining a service officer or former service officer or suspending a service officer, the chief executive must comply Page 28 2010 Act No. 37

Integrity Reform (Miscellaneous Amendments) Act 2010 Part 2 Amendment of Ambulance Service Act 1991 [s 8] with this Act, any relevant code of practice, and the principles of natural justice. ‘(2) However, natural justice is not required if the suspension is on normal remuneration. ‘(3) In this section— former service officer means a person who was a service officer. ‘18O Effect of suspension from duty ‘(1) This section applies to a service officer suspended from duty under this subdivision unless the chief executive decides otherwise. ‘(2) During the period of the suspension the officer is entitled to normal remuneration, less any amount earned by the officer from alternative employment that the officer engages in during the period. ‘(3) For subsection (2), alternative employment does not include employment if— (a) the officer was engaged in the employment at the time of the suspension; and (b) the officer’s engaging in the employment was not in contravention of this Act or an obligation imposed on the officer under a code of conduct— (i) approved under the Public Sector Ethics Act 1994 ; or (ii) prescribed under a directive of the commission chief executive under the Public Service Act 2008 . ‘(4) The deduction under subsection (2) must not be more than the amount of the officer’s normal remuneration during the period of the suspension. ‘(5) The continuity of the officer’s service as a service officer is taken not to have been broken only because of the suspension. 2010 Act No. 37 Page 29

Integrity Reform (Miscellaneous Amendments) Act 2010 Part 2 Amendment of Ambulance Service Act 1991 [s 9] ‘18P Additional procedures for suspension or termination ‘(1) If the chief executive decides to suspend or terminate the employment of a service officer, the chief executive must give the officer notice of the suspension or termination. ‘(2) The notice must state— (a) for a suspension— (i) when the suspension starts and ends; and (ii) the remuneration to which the officer is entitled for the period of the suspension, under a decision mentioned in section 18O(1) or, if no decision has been made under section 18O(1), under section 18O(2); and (iii) the effect that alternative employment may, under section 18O, have on the entitlement; or (b) for a termination—the day when it takes effect.’. 9 Insertion of new pt 8, div 6 Part 8— insert— ‘Division 6 Provisions for Integrity Reform (Miscellaneous Provisions) Amendment Act 2010 ‘96 Definition for div 6 ‘In this division— commencement means the commencement of this section. ‘97 Disciplinary action for acts or omissions happening before commencement ‘(1) Part 2, division 4, subdivision 1 applies in relation to a disciplinary ground arising before the commencement only if, Page 30 2010 Act No. 37

Integrity Reform (Miscellaneous Amendments) Act 2010 Part 2 Amendment of Ambulance Service Act 1991 [s 10] before the commencement, disciplinary action could have been taken against a service officer on the same ground under a relevant disciplinary provision. ‘(2) If, at the commencement, the chief executive or commissioner has started disciplinary action against a service officer under a relevant disciplinary provision— (a) the chief executive may continue to take disciplinary action against the person under part 2, division 4, subdivision 1; and (b) for that purpose, anything done by the chief executive or commissioner in relation to the disciplinary action under the relevant disciplinary provision is taken to have been done by the chief executive under part 2, division 4, subdivision 1. ‘(3) In this section— relevant disciplinary provision means a disciplinary provision of a code of practice. ‘98 Disciplinary action against former public service employee or fire service officer ‘Part 2, division 4, subdivision 2 only applies to a service officer who commenced employment under section 13 after the commencement. ‘99 Disciplinary action against former service officer ‘Part 2, division 4, subdivisions 3 and 4 apply to a person who was a service officer only if the person’s employment under section 13 ends after the commencement.’. 10 Amendment of schedule (Dictionary) Schedule— insert— ‘ award see the Industrial Relations Act 1999 , schedule 5. 2010 Act No. 37 Page 31

Integrity Reform (Miscellaneous Amendments) Act 2010 Part 2 Amendment of Ambulance Service Act 1991 [s 10] code of practice means a code of practice under section 41. commencement , for part 8, division 6, see section 96. disciplinary action see section 18B(1). disciplinary declaration , in relation to a person, means— (a) for a disciplinary declaration made under a public sector disciplinary law— (i) a disciplinary declaration made under— (A) the PublicServiceAct2008, section 188A(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 FireandRescueServiceAct1990 , section 30H(5); or (ii) a declaration under a public sector disciplinary law (other than a public sector disciplinary law mentioned in subparagraph (i)) that states the disciplinary action that would have been taken against the person if the person’s employment had not ended; or (b) otherwise, a disciplinary declaration made under section 18I(5). disciplinary finding — (a) generally means a finding that a disciplinary ground exists; and (b) for part 2, division 4, subdivision 2, see section 18D. disciplinary ground means a ground for disciplining a service officer under section 18A. employing chief executive , for part 2, division 4, subdivision 2, see section 18D. Page 32 2010 Act No. 37

Integrity Reform (Miscellaneous Amendments) Act 2010 Part 2 Amendment of Ambulance Service Act 1991 [s 10] fire service chief executive means the chief executive under the Fire and Rescue Service Act 1990. fire service officer means a person employed under the Fireand Rescue Service Act 1990 , section 25. former service officer , for part 2, division 4, subdivision 3, see section 18H(1)(a). industrial agreement means an industrial agreement or a certified agreement under the Industrial Relations Act 1999 . industrial instrument includes— (a) an award or industrial agreement; and (b) a determination or rule of a commission, court, board, tribunal or other entity having authority under a law of the Commonwealth or this State to exercise powers of conciliation or arbitration for industrial matters or industrial disputes. normal remuneration , in relation to a service officer, means all of the remuneration and other entitlements to which the officer is or would be entitled, calculated on the basis of— (a) the ordinary hours worked by the officer; and (b) the amounts payable to the officer for the hours worked by the officer, including, for example, allowances, loadings and penalties; and (c) any other amounts payable to the officer under the officer’s contract of employment. previous chief executive , for part 2, division 4, subdivision 2, see section 18D. public sector disciplinary law means— (a) a public sector disciplinary law under the Public ServiceAct 2008 ; or (b) the Fire and Rescue Service Act 1990 , part 4, division 3. relevant disciplinary ground , for part 2, division 4, subdivision 2, see section 18D. 2010 Act No. 37 Page 33

Integrity Reform (Miscellaneous Amendments) Act 2010 Part 3 Amendment of Auditor-General Act 2009 [s 11] relevant disciplinary law means— (a) this Act or a disciplinary provision of a code of practice (including a code of practice as in force from time to time before the commencement of this definition); or (b) a law of another State that provides for the same, or substantially the same, matters as this Act; or (c) a code of practice or other instrument under a law mentioned in paragraph (b) providing for disciplinary matters; or (d) a public sector disciplinary law. relevant disciplinary provision , for part 2, division 4, subdivision 2, see section 18D. serious disciplinary action , in relation to a person, means— (a) disciplinary action under a relevant 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 a disciplinary action mentioned in paragraph (a)(i) or (ii) as the disciplinary action that would have been taken against the person if the person’s employment had not ended.’. Part 3 Amendment of Auditor-General Act 2009 11 Act amended This part amends the Auditor-General Act 2009. Page 34 2010 Act No. 37

Integrity Reform (Miscellaneous Amendments) Act 2010 Part 3 Amendment of Auditor-General Act 2009 [s 12] 12 Replacement of s 12 (Declaration of interests) Section 12— omit, insert— ‘12 Declaration of interests ‘(1) This section applies to the auditor-general on appointment. Note — Appointment includes reappointment. See the Acts Interpretation Act1954 , section 36, definition appoint. ‘(2) The auditor-general must, within 1 month, give the Speaker a statement setting out the information mentioned in subsection (3) in relation to— (a) the interests of the auditor-general; and (b) the interests of each person who is a related person in relation to the auditor-general. ‘(3) The information to be set out in the statement is the information that would be required to be disclosed under the ParliamentofQueenslandAct2001 , section 69B if the auditor-general were a member of the Legislative Assembly. ‘(4) Subsections (5) and (6) apply if, after the giving of the statement— (a) there is a change in the interests mentioned in subsection (2); and (b) the change is of a type that would have been required to be disclosed under the ParliamentofQueenslandAct2001 , section 69B if the auditor-general were a member of the Legislative Assembly. ‘(5) The auditor-general must give the Speaker a revised statement. ‘(6) The revised statement must— (a) be given as soon as possible after the relevant facts about the change come to the auditor-general’s knowledge; and (b) comply with subsection (3). 2010 Act No. 37 Page 35

Integrity Reform (Miscellaneous Amendments) Act 2010 Part 3 Amendment of Auditor-General Act 2009 [s 12] ‘(7) The Speaker must, if asked, give a copy of the latest statement to— (a) the Premier; or (b) the leader of a political party represented in the Legislative Assembly; or (c) the Crime and Misconduct Commission; or (d) a member of the parliamentary committee; or (e) the integrity commissioner. ‘(8) The Speaker must, if asked, give a copy of the part of the latest statement that relates only to the auditor-general to another member of the Legislative Assembly. ‘(9) A member of the Legislative Assembly may, by writing given to the Speaker, allege that the auditor-general has not complied with the requirements of this section. ‘(10) A reference in this section to an interest is a reference to the matter within its ordinary meaning under the general law and the definition in the Acts Interpretation Act 1954 , section 36 does not apply. ‘(11) In this section— integrity commissioner means the Queensland Integrity Commissioner under the Integrity Act 2009 . related person , in relation to the auditor-general, means— (a) the auditor-general’s spouse; or (b) a person who is totally or substantially dependent on the auditor-general and— (i) the person is the auditor-general’s child; or (ii) the person’s affairs are so closely connected with the affairs of the auditor-general that a benefit derived by the person, or a substantial part of it, could pass to the auditor-general. Page 36 2010 Act No. 37

Integrity Reform (Miscellaneous Amendments) Act 2010 Part 3 Amendment of Auditor-General Act 2009 [s 13] ‘12A Conflicts of interest ‘(1) If the auditor-general has an interest that conflicts or may conflict with the discharge of the auditor-general’s responsibilities, the auditor-general— (a) must disclose the nature of the interest and conflict to the Speaker and parliamentary committee as soon as practicable after the relevant facts come to the auditor-general’s knowledge; and (b) must not take action or further action concerning a matter that is, or may be, affected by the conflict until the conflict or possible conflict is resolved. ‘(2) If the conflict or possible conflict between an interest of the auditor-general and the auditor-general’s responsibilities is resolved, the auditor-general must give to the Speaker and parliamentary committee a statement advising of the action the auditor-general took to resolve the conflict or possible conflict. ‘(3) A reference in this section to an interest or to a conflict of interest is a reference to those matters within their ordinary meaning under the general law and, in relation to an interest, the definition in the Acts Interpretation Act 1954 , section 36 does not apply.’. 13 Amendment of s 25 (Pecuniary interests declaration) (1) Section 25, heading— omit, insert— ‘25 Declaration of interests and conflicts of interest’. (2) Section 25— insert— ‘(2) If the deputy auditor-general is acting as auditor-general, section 12A applies to the deputy auditor-general in the same way as it applies to the auditor-general.’. 2010 Act No. 37 Page 37

Integrity Reform (Miscellaneous Amendments) Act 2010 Part 3 Amendment of Auditor-General Act 2009 [s 14] 14 Insertion of new pt 7, div 1, hdg Part 7, before section 74— insert— ‘Division 1 Provisions for Act No. 8 of 2009’. 15 Amendment of s 74 (Definitions for pt 7) Section 74, heading, ‘pt 7’— omit, insert— ‘ div 1 ’. 16 Insertion of new pt 7, div 2 After section 85— insert— ‘Division 2 Provision for Integrity Reform (Miscellaneous Amendments) Act 2010 ‘86 Declarations of interests by auditor-general and deputy auditor-general ‘(1) The auditor-general is taken to have complied with section 12 as amended by the Integrity Reform (Miscellaneous Amendments) Act 2010 if, at the commencement of this section, the auditor-general is not in breach of section 12 as in force before the commencement. ‘(2) The deputy auditor-general is taken to have complied with section 12 as amended by the Integrity Reform (Miscellaneous Amendments) Act 2010 if, at the commencement of this section, the deputy auditor-general is not in breach of section 12 as in force before the commencement.’. Page 38 2010 Act No. 37

Part 4 Integrity Reform (Miscellaneous Amendments) Act 2010 Part 4 Amendment of Civil Liability Act 2003 [s 17] Amendment of Civil Liability Act 2003 17 Act amended This part amends the Civil Liability Act 2003. 18 Insertion of new ch 4, pt 1A After section 72— insert— ‘Part 1A Apologies ‘72A Application of pt 1A ‘(1) This part applies to civil liability of any kind. ‘(2) However, this part does not apply to the following— (a) civil liability that is excluded from the operation of this part by section 5; (b) civil liability for defamation; (c) civil liability of a person for an unlawful intentional act done by the person with intent to cause personal injury; (d) civil liability of a person for an unlawful sexual assault or other unlawful sexual misconduct committed by the person. ‘72B Purpose of pt 1A ‘The purpose of this part is to allow a person to make an apology about a matter without the apology being construed or used as an admission of liability in relation to the matter. 2010 Act No. 37 Page 39

Integrity Reform (Miscellaneous Amendments) Act 2010 Part 5 Amendment of Fire and Rescue Service Act 1990 [s 19] ‘72C Meaning of apology ‘An apology is an expression of sympathy or regret, or of a general sense of benevolence or compassion, in connection with any matter, whether or not it admits or implies an admission of fault in relation to the matter. ‘72D Effect of apology on liability ‘(1) An apology made by or on behalf of a person in relation to any matter alleged to have been caused by the person— (a) does not constitute an express or implied admission of fault or liability by the person in relation to the matter; and (b) is not relevant to the determination of fault or liability in relation to matter. ‘(2) Evidence of an apology made by a person is not admissible in any civil proceeding as evidence of the fault or liability of the person in relation to the matter.’. 19 Amendment of sch 2 (Dictionary) Schedule 2— insert— ‘ apology , for chapter 4, part 1A, see section 72C.’. Part 5 Amendment of Fire and Rescue Service Act 1990 20 Act amended This part amends the Fire and Rescue Service Act 1990. Page 40 2010 Act No. 37

Integrity Reform (Miscellaneous Amendments) Act 2010 Part 5 Amendment of Fire and Rescue Service Act 1990 [s 21] 21 Insertion of new ss 25B and 25C After section 25A— insert— ‘25B Requirement to disclose previous history of serious disciplinary action to chief executive ‘(1) If the chief executive proposes to employ a person under section 25, the chief executive may require the person to disclose to the chief executive particulars of any serious disciplinary action taken against the person. ‘(2) The person must comply with the requirement before the employment takes effect and within the time and in the way stated by the chief executive. ‘(3) The chief executive may have regard to information disclosed by the person under this section in deciding whether to employ the person under section 25. ‘(4) The chief executive is not required to further consider the person for employment under section 25 if the person— (a) fails to comply with the requirement; or (b) gives false or misleading information in response to the requirement. ‘25C Requirement to disclose previous history of serious disciplinary action to commissioner ‘(1) If the commissioner proposes to second a person to the service, the commissioner may require the person to disclose to the commissioner particulars of any serious disciplinary action taken against the person. Note — See the following provisions in relation to secondments by the commissioner— (a) the Public Service Act 2008 , sections 23 and 120; (b) the Public Service Regulation 2008 , section 5 and schedule 1, item 7. 2010 Act No. 37 Page 41

Integrity Reform (Miscellaneous Amendments) Act 2010 Part 5 Amendment of Fire and Rescue Service Act 1990 [s 22] ‘(2) The person must comply with the requirement before the secondment takes effect and within the time and in the way stated by the commissioner. ‘(3) The commissioner may have regard to information disclosed by the person under this section in deciding whether to second the person to the service. ‘(4) The commissioner is not required to further consider the person for secondment if the person— (a) fails to comply with the requirement; or (b) gives false or misleading information in response to the requirement.’. 22 Replacement of pt 4, div 3, hdg (Discipline and appeals) Part 4, division 3, heading— omit, insert— ‘Division 3 Disciplinary action ‘Subdivision 1 Grounds and disciplinary action generally’. 23 Amendment of s 30 (Discipline) (1) Section 30, heading— omit, insert— ‘30 Grounds for disciplinary action’. (2) Section 30(1)(c)— omit, insert— ‘(c) wilful failure to comply, without reasonable excuse, with a provision of this Act or an obligation imposed on the officer under— (i) a code of practice; or Page 42 2010 Act No. 37

Integrity Reform (Miscellaneous Amendments) Act 2010 Part 5 Amendment of Fire and Rescue Service Act 1990 [s 23] (ii) a code of conduct— (A) approved under the Public Sector Ethics Act1994 ; or (B) prescribed under a directive of the commission chief executive under the PublicService Act 2008 ; or (iii) an industrial instrument;’. (3) Section 30(1)— insert— ‘(g) use, without reasonable excuse, of a substance to an extent adversely affecting competent performance of duties; (h) contravention of a requirement of the chief executive under section 25B(1) or of the commissioner under section 25C(1) by, in response to the requirement— (i) failing to disclose a serious disciplinary action; or (ii) giving false or misleading information.’. (4) Section 30(2) to (5)— omit, insert— ‘(2) A disciplinary ground arises when the act or omission constituting the ground is done or made. ‘(3) Also, the chief executive may— (a) discipline a fire service officer under subdivision 2 as if a ground mentioned in subsection (1) exists; or (b) discipline a former fire service officer under subdivision 3 or 4 on the same grounds mentioned in subsection (1). ‘(4) If the chief executive is contemplating taking disciplinary action against a fire service officer on the ground of absence from duty, the chief executive may— (a) appoint a medical practitioner to examine the officer and to give the chief executive a written report about the officer’s mental or physical condition, or both; and 2010 Act No. 37 Page 43

Integrity Reform (Miscellaneous Amendments) Act 2010 Part 5 Amendment of Fire and Rescue Service Act 1990 [s 24] (b) direct the officer to submit to the medical examination. ‘(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 fire service. Example of misconduct — victimising another fire service officer in the course of the other officer’s employment in the fire service’. 24 Insertion of new s 30A After section 30— insert— ‘30A Disciplinary action that may be taken against a fire service officer generally ‘(1) In disciplining a fire service officer, the chief executive may take the action, or order the action be taken, ( disciplinary action ) that the chief executive considers reasonable in the circumstances. Examples of disciplinary action — • dismissal • reduction of classification level and a consequential change of duties • transfer or redeployment to other fire service employment • forfeiture or deferment of a remuneration increment or increase • reduction of salary level • imposition of a monetary penalty • if a penalty is imposed, a direction that the amount of the penalty be deducted from the officer’s periodic salary payments • a reprimand ‘(2) If the disciplinary action is taken following an agreement under section 30E(1) between the previous chief executive Page 44 2010 Act No. 37

Integrity Reform (Miscellaneous Amendments) Act 2010 Part 5 Amendment of Fire and Rescue Service Act 1990 [s 25] and the employing chief executive mentioned in the section, the chief executives must agree on the disciplinary action. ‘(3) A monetary penalty can not be more than the total of 2 of the officer’s periodic salary payments. ‘(4) Also, an amount directed to be deducted from any particular periodic salary payment of the officer— (a) must not be more than half of the amount payable to or for the officer in relation to the payment; and (b) must not reduce the amount of salary payable to the officer in relation to the period to less than— (i) if the officer has a dependant—the guaranteed minimum wage for each week of the period; or (ii) otherwise—two-thirds of the guaranteed minimum wage for each week of the period. ‘(5) An order under subsection (1) is binding on anyone affected by it. Note — See the following provisions in relation to appeals against a decision of the chief executive to take disciplinary action against a person— (a) the Public Service Act 2008 , sections 23 and 194; (b) the Public Service Regulation 2008 , sections 5 and 7 and schedule 1, item 7.’. 25 Insertion of new pt 4, div 3, sdivs 2–4 After section 30A— insert — 2010 Act No. 37 Page 45

Integrity Reform (Miscellaneous Amendments) Act 2010 Part 5 Amendment of Fire and Rescue Service Act 1990 [s 25] ‘Subdivision 2 Disciplinary action against a fire service officer who was a public service employee or ambulance service officer ‘30B Application of sdiv 2 ‘(1) This subdivision applies if— (a) a person is a public service employee in a department and a relevant disciplinary ground arises in relation to the person; and (b) after the relevant disciplinary ground arises, the person changes employment from that department to employment under section 25. ‘(2) This subdivision also applies if— (a) a person is an ambulance service officer and a relevant disciplinary ground arises in relation to the person; and (b) after the relevant disciplinary ground arises, the person changes employment from employment as an ambulance service officer to employment under section 25. ‘(3) However, this subdivision does not apply if the person’s previous chief executive has taken, is taking, or intends to take, disciplinary action against the person under a relevant disciplinary provision. Note — See— (a) the PublicServiceAct2008 , section 188A in relation to taking disciplinary action against a person who was a public service employee; and (b) the Ambulance Service Act 1991 , part 2, division 4, subdivision 3 in relation to taking disciplinary action against a person who was an ambulance service officer. Page 46 2010 Act No. 37

Integrity Reform (Miscellaneous Amendments) Act 2010 Part 5 Amendment of Fire and Rescue Service Act 1990 [s 25] ‘(4) For this section, a person changes employment from a department or from employment as an ambulance service officer to employment under section 25 if— (a) the person’s employment under section 25 starts after the person’s employment in the department or as an ambulance service officer ends; or (b) the person is employed under section 25 following the commissioner transferring, redeploying or seconding the person from the department or the Queensland Ambulance Service. Notes— 1 See the following provisions in relation to transfers or deployments by the commissioner— (a) the Public Service Act 2008 , sections 23 and 133; (b) the Public Service Regulation 2008 , section 5 and schedule 1, item 7. 2 See the following provisions in relation to secondments by the commissioner— (a) the Public Service Act 2008 , sections 23 and 120; (b) the Public Service Regulation 2008 , section 5 and schedule 1, item 7. ‘30C Definitions for sdiv 2 ‘In this subdivision— disciplinary finding , in relation to a relevant disciplinary ground, means a finding that a relevant disciplinary ground exists. employing chief executive means the chief executive under this Act. previous chief executive means— (a) for a person who was a public service employee—the chief executive of the department in which the person held appointment, or was employed, as a public service employee; or 2010 Act No. 37 Page 47

Integrity Reform (Miscellaneous Amendments) Act 2010 Part 11 Amendment of Public Service Act 2008 [s 136] (a) the previous chief executive makes a disciplinary finding about the disciplinary ground; and (b) the previous chief executive and the person’s employing chief executive agree that disciplinary action against the former service officer is reasonable in the circumstances; the employing chief executive may take disciplinary action against the officer under section 188 as if a disciplinary ground exists. ‘(6) If— (a) the previous chief executive delegates to the employing chief executive the authority under subsection (4) to make a disciplinary finding about the former service officer; and (b) the employing chief executive makes a disciplinary finding about the former service officer; the employing chief executive may take disciplinary action against the officer under section 188 without the agreement of the previous chief executive. ‘(7) The previous chief executive may give to the employing chief executive any information about the person or a disciplinary ground relating to the person to help the employing chief executive to perform a function under subsection (5) or (6) in relation to the person. ‘(8) If, in relation to a person who was an ambulance service officer or fire service officer, a chief executive is both the previous chief executive and employing chief executive, this section applies with necessary changes to allow the chief executive to take disciplinary action against the person as provided under this section. ‘(9) In this section— employing chief executive , for a person, means the chief executive of the department in which the person is employed. previous chief executive means— Page 130 2010 Act No. 37

Integrity Reform (Miscellaneous Amendments) Act 2010 Part 11 Amendment of Public Service Act 2008 [s 137] (a) for a person who was an ambulance service officer—the ambulance service chief executive; or (b) for a person who was a fire service officer—the fire service chief executive.’. 137 Amendment of s 188B (Information about disciplinary action to be given by chief executive) Section 188B(1)(b)(i), ‘or continued appointment’— omit, insert— ‘or employment, or continued appointment or employment,’. 138 Amendment of s 189 (Suspension of public service officer liable to discipline) (1) Section 189, ‘officer’— omit, insert— ‘employee’. (2) Section 189(2)— renumber as section 189(3). (3) Section 189— insert— ‘(2) However, before suspending the employee, the chief executive must consider all alternative duties that may be available for the employee to perform.’. 139 Amendment of s 190 (Procedure for disciplinary action) Section 190(1),‘officer’— omit, insert— ‘employee’. 2010 Act No. 37 Page 131

Integrity Reform (Miscellaneous Amendments) Act 2010 Part 11 Amendment of Public Service Act 2008 [s 140] 140 Amendment of s 191 (Effect of suspension from duty) (1) Section 191, ‘officer’— omit, insert— ‘employee’. (2) Section 191, ‘officer’s’— omit, insert— ‘employee’s’. (3) Section 191(3)(b)— omit, insert— ‘(b) the employee’s engaging in the employment was not in contravention of— (i) this Act; or (ii) a standard of conduct applying to the employee under an approved code of conduct under the Public Sector Ethics Act 1994 ; or (c) a standard of conduct, if any, applying to the employee under an approved standard of practice under the PublicSector Ethics Act 1994 .’. (4) Section 191(5)— omit, insert— ‘(5) The continuity of a public service employee’s service as a public service officer is taken not to have been broken only because of a suspension under this chapter. ‘(6) The continuity of a general or temporary employee’s employment as a general or temporary employee is taken not to have been broken only because of a suspension under this chapter.’. 141 Amendment of s 192 (Additional procedures for suspension or termination) Section 192(1) and (2)(a)(ii),‘officer’— Page 132 2010 Act No. 37

Integrity Reform (Miscellaneous Amendments) Act 2010 Part 11 Amendment of Public Service Act 2008 [s 142] omit, insert— ‘employee’. 142 Replacement of ch 7, pt 1, hdg (Appeals to the commission chief executive) Chapter 7, part 1, heading— omit, insert— ‘Part 1 Appeals to the appeals officer’. 143 Amendment of s 193 (Appeals to commission chief executive) Section 193, ‘commission chief executive’— omit, insert— ‘appeals officer’. 144 Amendment of s 194 (Decisions against which appeals may be made) (1) Section 194(1), ‘commission chief executive’— omit, insert— ‘appeals officer’. (2) Section 194(1)(b)(ii), ‘officer’— omit, insert— ‘employee’. (3) Section 194(1)(e), after ‘employee’— insert— ‘(a temporary employment decision )’. (4) Section 194— insert — ‘(3) In this section— 2010 Act No. 37 Page 133

Integrity Reform (Miscellaneous Amendments) Act 2010 Part 11 Amendment of Public Service Act 2008 [s 145] temporary employee — (a) includes a general employee employed on a temporary basis; but (b) does not include a person employed under section 147 or 148 on a casual basis.’. 145 Amendment of s 195 (Decisions against which appeals can not be made) (1) Section 195(1), ‘to the commission chief executive’— omit, insert— ‘to the appeals officer’. (2) Section 195(1)(h)— omit. (3) Section 195(1)(i)— renumber as section 195(1)(h). (4) Section 195(5), definition non-appealable appointment , paragraph (b), after ‘notice’— insert— ‘, or a directive for this part,’. 146 Amendment of s 196 (Who may appeal) (1) Section 196, ‘to the commission chief executive’— omit, insert— ‘to the appeals officer’. (2) Section 196(a) and (b), ‘officer’— omit, insert— ‘employee’. (3) Section 196(c), after ‘for’— insert— Page 134 2010 Act No. 37

Integrity Reform (Miscellaneous Amendments) Act 2010 Part 11 Amendment of Public Service Act 2008 [s 147] ‘a’. (4) Section 196(e), ‘decision mentioned in section 194(1)(e)’— omit, insert— ‘temporary employment decision’. 147 Amendment of s 197 (Starting an appeal) (1) Section 197, ‘commission chief executive’— omit, insert— ‘appeals officer’. (2) Section 197(3), after ‘notice’— insert— ‘if the appellant satisfies the appeals officer that there is a reasonable ground for extending the time’. 148 Amendment of s 198 (Notice by commission chief executive of appeal) Section 198, ‘commission chief executive’— omit, insert— ‘appeals officer’. 149 Amendment of s 199 (Stay of operation of decisions etc.) Section 199, ‘commission chief executive’— omit, insert— ‘appeals officer’. 150 Amendment of s 200 (Commission chief executive may decline to hear particular appeals) (1) Section 200, heading, ‘Commission chief executive’— omit, insert— 2010 Act No. 37 Page 135

Integrity Reform (Miscellaneous Amendments) Act 2010 Part 11 Amendment of Public Service Act 2008 [s 151] ‘ Appeals officer ’. (2) Section 200(1)— omit, insert — ‘(1) The appeals officer may decline to hear an appeal against a decision mentioned in section 194(1)(a) or (d) unless he or she is satisfied the appellant has used procedures required to be used under an employee complaints directive.’. (3) Section 200(2) to (4), ‘commission chief executive’— omit, insert— ‘appeals officer’. (4) Section 200— insert— ‘(5) In this section— employee complaints directive means a directive made under section 218A.’. 151 Amendment of s 201 (Appeal is by way of review) (1) Section 201, ‘commission chief executive’— omit, insert— ‘appeals officer’. (2) Section 201— insert— ‘(1A) The purpose of the appeal is to decide whether the decision appealed against was fair and reasonable.’. (3) Section 201(1A) to (3)— renumber as section 201(2) to (4). 152 Amendment of s 202 (Commission chief executive’s functions on appeal) (1) Section 202, heading, ‘Commission chief executive’s’— Page 136 2010 Act No. 37

Integrity Reform (Miscellaneous Amendments) Act 2010 Part 11 Amendment of Public Service Act 2008 [s 153] omit, insert— ‘ Appeals officer’s ’. (2) Section 202, ‘commission chief executive’— omit, insert— ‘appeals officer’. (3) Section 202— insert— ‘ Note — See also section 88G.’. 153 Amendment of s 203 (Commission chief executive may decide procedures) (1) Section 203, heading, ‘Commission chief executive’— omit, insert— ‘ Appeals officer ’. (2) Section 203, ‘commission chief executive’— omit, insert— ‘appeals officer’. (3) Section 203(1)(d), ‘if the parties to the appeal agree’— omit. 154 Amendment of s 204 (Representation of parties) Section 204(3), ‘commission chief executive’s’— omit, insert— ‘appeals officer’s’. 155 Amendment of s 205 (Commission chief executive’s powers on appeal) (1) Section 205, heading, ‘Commission chief executive’s’— 2010 Act No. 37 Page 137

Integrity Reform (Miscellaneous Amendments) Act 2010 Part 11 Amendment of Public Service Act 2008 [s 156] omit, insert— ‘ Appeals officer’s ’. (2) Section 205, ‘commission chief executive’— omit, insert— ‘appeals officer’. 156 Amendment of s 206 (Withdrawing an appeal) Section 206, ‘commission chief executive’— omit, insert— ‘appeals officer’. 157 Amendment of s 208 (Decision on appeal) (1) Section 208(1), ‘commission chief executive may’— omit, insert— ‘appeals officer may’. (2) Section 208(1)(b), after ‘promotion decision’— insert— ‘or temporary employment decision’. (3) Section 208(2) and (4), ‘commission chief executive’— omit, insert— ‘appeals officer’. 158 Amendment of s 209 (Criteria for deciding process deficiency) Section 209, ‘commission chief executive must’— omit, insert— ‘appeals officer must’. Page 138 2010 Act No. 37

Integrity Reform (Miscellaneous Amendments) Act 2010 Part 11 Amendment of Public Service Act 2008 [s 159] 159 Replacement of s 210 (Reopening decided appeals) Section 210— omit, insert— ‘210 Decision on appeal is binding on parties ‘(1) The appeals officer’s decision on an appeal is binding on all parties to the appeal. ‘(2) Without limiting subsection (1), a chief executive of a department must take all steps necessary to give effect to a decision of the appeals officer applying to the department.’. 160 Amendment of s 211 (Attendance at an appeal is part of an employee’s duties) Section 211(b), ‘commission chief executive’— omit, insert— ‘appeals officer’. 161 Amendment of s 212 (Public service employee’s entitlements for attending appeal as part of duties) Section 212(2), ‘commission chief executive’— omit, insert— ‘appeals officer’. 162 Amendment of s 213 (Entitlement of non-public service employees) Section 213(1) and (3), ‘commission chief executive’— omit, insert— ‘appeals officer’. 163 Amendment of s 214 (Relevant department’s or public service office’s financial obligation for appeal) (1) Section 214(1)(a), ‘commission chief executive’s’— 2010 Act No. 37 Page 139

Integrity Reform (Miscellaneous Amendments) Act 2010 Part 11 Amendment of Public Service Act 2008 [s 164] omit, insert— ‘appeals officer’s’. (2) Section 214(2), ‘commission chief executive’— omit, insert— ‘appeals officer’. 164 Insertion of new ss 214A and 214B Chapter 7, part 1— insert— ‘214A Protection of appeals officials from liability ‘(1) An appeals official is not civilly liable to someone for an act done, or omission made, honestly and without negligence under this chapter. ‘(2) If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State. ‘(3) In this section— appeals official means a staff member of the commission, or any other person, performing functions for an appeal under this part. ‘214B Commission chief executive must make directive for this part ‘(1) The commission chief executive must make a directive for this part. ‘(2) The directive— (a) must make provision for— (i) the decisions, if any, against which an appeal may be made to the appeals officer; and (ii) the persons who are entitled to appeal against a decision mentioned in section 194(1); and Page 140 2010 Act No. 37

Integrity Reform (Miscellaneous Amendments) Act 2010 Part 11 Amendment of Public Service Act 2008 [s 165] (iii) the directions, if any, the appeals officer may give under section 208(1)(b); and (b) may, for section 195(5), definition non-appealable appointment , declare an appointment to be an appointment against which an appeal may not be made. ‘(3) However, the directive must not direct, or purport to direct, the appeals officer or another person to do or not do something, or to do or not do something in a particular way, in relation to an appeal under this part.’. 165 Amendment of s 215 (Jurisdiction of IRC for industrial matters) Section 215(3), ‘commission chief executive’— omit, insert— ‘appeals officer’. 166 Amendment of s 216 (Application of pt 3) Section 216(1)(c)— omit. 167 Insertion of new ch 7, pt 4 Chapter 7— insert— ‘Part 4 Miscellaneous ‘218A Commission chief executive may make directive about dealing with complaints by officers and employees ‘(1) The commission chief executive may make a directive about how departments must deal with complaints made by officers or employees of the department about— 2010 Act No. 37 Page 141

Integrity Reform (Miscellaneous Amendments) Act 2010 Part 11 Amendment of Public Service Act 2008 [s 168] (a) decisions made by officers or employees of the department; or (b) the conduct of officers or employees of the department. ‘(2) Without limiting subsection (1), a directive made under this section— (a) must provide for— (i) the procedures for dealing with complaints mentioned in subsection (1); and (ii) the period within which the complaints must be finally dealt with; and (iii) the notification of decisions made in dealing with the complaints; and (b) must provide that, if a person required to deal with a complaint about a decision mentioned in subsection (1)(a) fails to finally deal with the complaint 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 194; and (d) may provide for a system for dealing with complaints that involves— (i) a person dealing with a complaint in the first instance; and (ii) another person dealing with (including, for example, by way of review) decisions made by the person who dealt with the complaint in the first instance.’. 168 Amendment of ch 9, pt 2, hdg (Transitional provisions for Public Service Act 2008) Chapter 9, part 2, heading, ‘Public Service Act 2008’— omit, insert — ‘ Act No. 38 of 2008 ’. Page 142 2010 Act No. 37

Integrity Reform (Miscellaneous Amendments) Act 2010 Part 11 Amendment of Public Service Act 2008 [s 169] 169 Insertion of new ch 9, pt 7 Chapter 9— insert— ‘Part 7 Transitional provisions for Integrity Reform (Miscellaneous Amendments) Act 2010 ‘268 Definitions for pt 7 ‘In this part— commencement means the commencement of this part. initial review decision , for a person, means the decision under section 149(2) in relation to the person because the 2-year period mentioned in section 149(1)(a) has ended for the person. section 149 directive means a commission chief executive directive made for section 149(2). subsequent review decision , for a person, means a decision under section 149(2) in relation to the person because a 1-year period mentioned in section 149(1)(b) has ended for the person. transition period means the period— (a) starting at the commencement; and (b) ending 1 year after the commencement. ‘269 Appeals officer ‘(1) This section applies to a person who, immediately before the commencement, held appointment under this Act as the Executive Director, Appeal Services, Public Service Commission. 2010 Act No. 37 Page 143

Integrity Reform (Miscellaneous Amendments) Act 2010 Part 11 Amendment of Public Service Act 2008 [s 169] ‘(2) The person is taken to have been appointed under this Act as the appeals officer. ‘270 Appointments on probation if probationary period has not ended ‘Section 126 as in force before the commencement continues to apply in relation to a public service officer appointed on probation before the commencement and whose probationary period has not ended at the commencement. ‘271 Application of s 127 to appointments made before the commencement ‘The amendment of section 127 by the Integrity Reform (Miscellaneous Provisions) Amendment Act 2010 does not affect the appointment of a public service officer appointed before the commencement. ‘272 Review of status of general employees employed on a temporary basis before the commencement ‘(1) This section applies to a person who is a temporary general employee employed in a department at the commencement. ‘(2) Section 149, as in force after the commencement, applies in relation to the person, subject to subsections (3) to (5). ‘(3) If the person has been continuously employed by the department as a temporary general employee for more than 2 years but less than 3 years— (a) the period for making the initial review decision for the person is the period that ends when the transition period ends; and (b) the period for making a subsequent review decision for the person is the period provided for in a section 149 directive worked out by reference to the 1 year anniversary of the day the initial review decision is made for the person. Page 144 2010 Act No. 37

Integrity Reform (Miscellaneous Amendments) Act 2010 Part 11 Amendment of Public Service Act 2008 [s 169] ‘(4) If the person has been continuously employed by the department as a temporary general employee for 3 years or more and the chief executive of the department has, under a section 149 directive, previously reviewed the person’s employment to decide whether the person is to continue as a temporary general employee— (a) the decision of the chief executive on the previous review is taken to be the initial review decision for the person; and (b) the period for making a subsequent review decision for the person is— (i) the period that ends when the transition period ends; or (ii) if a section 149 directive provides for a longer period, the longer period. ‘(5) If the person has been continuously employed by the department as a temporary general employee for 3 years or more and subsection (4) does not apply— (a) the period for making the initial review decision for the person is the period that ends when the transition period ends; and (b) the period for making a subsequent review decision for the person is the period provided for in a section 149 directive worked out by reference to the 1 year anniversary of the day the initial review decision is made for the person. ‘(6) In this section— temporary general employee means a person who is a general employee— (a) employed on a temporary basis; and (b) not employed on a casual basis. 2010 Act No. 37 Page 145

Integrity Reform (Miscellaneous Amendments) Act 2010 Part 11 Amendment of Public Service Act 2008 [s 169] ‘273 Review of status of temporary employees employed more than 2 years at the commencement ‘(1) This section applies in relation to a person who is a temporary employee employed in a department at the commencement if the person has been continuously employed in the department as a temporary employee for more than 2 years. ‘(2) If the person has been continuously employed in the department as a temporary employee for less than 3 years— (a) the period for making the initial review decision for the person is the period that ends when the transition period ends; and (b) the period for making a subsequent review decision for the person is the period provided for in a section 149 directive worked out by reference to the 1 year anniversary of the day the initial review decision is made for the person. ‘(3) If the person has been continuously employed in the department as a temporary employee for 3 years or more— (a) the period for making the first subsequent review decision for the person is— (i) the period that ends when the transition period ends; or (ii) if a section 149 directive provides for a longer period, the longer period; and (b) the period for making any other subsequent review decision for the person is the period provided for in a section 149 directive worked out by reference to the 1 year anniversary of the day the first subsequent review decision is made for the person. ‘(4) In this section— temporary employee does not include a temporary employee who is a employed on a casual basis. Page 146 2010 Act No. 37

Integrity Reform (Miscellaneous Amendments) Act 2010 Part 11 Amendment of Public Service Act 2008 [s 169] ‘274 Disciplinary action against general and temporary employees ‘(1) A general or temporary employee may be disciplined under chapter 6 only in relation to a disciplinary ground that arises after the commencement. ‘(2) Without limiting subsection (1), section 187A only applies to a general or temporary employee who changes from a department to another department after the commencement. ‘(3) Subsection (4) applies if— (a) at the commencement, there is, in relation to a general or temporary employee, 1 or more disciplinary grounds for which the employee has not been disciplined under any other law, code of conduct or other procedure; and (b) another disciplinary ground in relation to the employee arises after the commencement; and (c) the employee’s chief executive when the grounds mentioned in paragraph (a) arose is the employee’s chief executive when the ground mentioned in paragraph (b) arose. ‘(4) The employee’s chief executive when the ground mentioned in subsection (3)(b) arose may discipline the employee under chapter 6 in relation to all of the grounds as if all of the grounds arose after the commencement. ‘275 Disciplinary action against former general and temporary employees ‘(1) A person who was a general or temporary employee may be disciplined under chapter 6 only in relation to a disciplinary ground that arises after the commencement. ‘(2) To remove any doubt, it is declared that, for section 188A, a person who was a general or temporary employee is a former public service employee only if the person’s employment as a general or temporary employee ends after the commencement. 2010 Act No. 37 Page 147

Integrity Reform (Miscellaneous Amendments) Act 2010 Part 11 Amendment of Public Service Act 2008 [s 169] ‘276 Appeals not started at commencement ‘(1) This section applies if, immediately before the commencement, a person could have but has not appealed against a decision under chapter 7, part 1. ‘(2) The person may appeal against the decision under this Act as in force before the commencement. ‘(3) Without limiting subsection (2)— (a) the appeal must be made within the period within which the period was required to be made under this Act as in force before the commencement; and (b) the appeal must be heard and decided by the commission chief executive under this Act as in force before the commencement. ‘(4) For subsections (2) and (3), this Act as in force before the commencement continues to apply in relation to starting the appeal and the appeal. ‘(5) However, section 210 as in force before the commencement does not apply in relation to the commission chief executive’s decision on the appeal. ‘277 Appeals started at commencement ‘(1) This section applies to an appeal against a decision under chapter 7, part 1 that has been started but not decided at the commencement. ‘(2) The commission chief executive must hear and decide the appeal, or continue to hear and decide the appeal, under this Act as in force before the commencement. ‘(3) For subsection (2), this Act as in force before the commencement continues to apply in relation to the appeal. ‘(4) However, section 210 as in force before the commencement does not apply in relation to the commission chief executive’s decision on the appeal. Page 148 2010 Act No. 37

Integrity Reform (Miscellaneous Amendments) Act 2010 Part 11 Amendment of Public Service Act 2008 [s 170] ‘278 Reopening decisions made before the commencement ‘(1) Subsection (2) applies in relation to an appeal under chapter 7, part 1 that has been reopened under section 210 as in force before the commencement. ‘(2) The commission chief executive must continue to hear and decide the reopened appeal under this Act as in force before the commencement. ‘(3) Subsection (4) applies in relation to an appeal under chapter 7, part 1 that has been decided before the commencement but has not been reopened under section 210 as in force before the commencement. ‘(4) A party to the appeal may apply to the commission chief executive to reopen the appeal under section 210 as in force before the commencement within 21 days after the commencement. ‘(5) For subsections (2) and (4), this Act as in force before the commencement continues to apply in relation to the reopened appeal or the reopening of the appeal. ‘279 Amendment of Public Service Regulation 2008 ‘The amendment of the Public Service Regulation 2008 by the Integrity Reform (Miscellaneous Provisions) Amendment Act 2010 does not affect the power of the Governor in Council to further amend the regulation or to repeal it.’. 170 Omission of sch 2 (Statutory office holders who are not term appointees) Schedule 2— omit. 171 Amendment of sch 4 (Dictionary) (1) Schedule 4, definitions former public service officer , statutory office and term appointee — 2010 Act No. 37 Page 149

Integrity Reform (Miscellaneous Amendments) Act 2010 Part 11 Amendment of Public Service Act 2008 [s 171] omit. (2) Schedule 4— insert— ‘ ambulance service chief executive means the chief executive under the Ambulance Service Act 1991 . ambulance service officer means a person employed under the Ambulance Service Act 1991 , section 13. appeals officer see section 88A(1). changes employment , for chapter 6, see section 186A. commencement , for chapter 9, part 7, see section 268. employing chief executive , for chapter 6, see section 186A. fire service chief executive means the chief executive under the Fire and Rescue Service Act 1990 . fire service officer means a person employed under the Fireand Rescue Service Act 1990 , section 25. former public service employee , for chapter 6 or 7, see section 186A. initial review decision , for chapter 9, part 7, see section 268. section 149 directive , for chapter 9, part 7, see section 268. statutory office means an office established under an Act to which a person may be appointed only by the Governor in Council or a Minister. subsequent review decision , for chapter 9, part 7, see section 268. temporary employment decision see section 194(1)(e). transition period , for chapter 9, part 7, see section 268.’. (3) Schedule 4, definition disciplinary declaration , ‘188A(6)’— omit, insert — ‘188A(7)’. Page 150 2010 Act No. 37

Part 12 Integrity Reform (Miscellaneous Amendments) Act 2010 Part 12 Amendment of Public Service Regulation 2008 [s 172] Amendment of Public Service Regulation 2008 172 Regulation amended This part amends the Public Service Regulation 2008 . 173 Amendment of s 7 (Application of appeal provisions) Section 7— insert— ‘(4) For applying chapter 7 of the Act to a column 1 entity or an employee of a column 1 entity— (a) the reference in section 194(1)(b) of the Act to a disciplinary law is taken to include a reference to a law, other than the Act, under which employees of the column 1 entity are disciplined ( prescribed disciplinary law ); and (b) the reference in section 194(1)(b)(ii) to a disciplinary declaration made under section 188A is taken to include a reference to a declaration made under the prescribed disciplinary law that states the disciplinary action that would have been taken against the employee if the employee’s employment had not ended.’. Part 13 Amendment of Right to Information Act 2009 174 Act amended This part amends the Right to Information Act 2009 . 2010 Act No. 37 Page 151

Integrity Reform (Miscellaneous Amendments) Act 2010 Part 13 Amendment of Right to Information Act 2009 [s 175] 175 Insertion of new ss 140A and 140B After section 140— insert— ‘140A Declaration of interests ‘(1) This section applies to the information commissioner on appointment. Note — Appointment includes reappointment. See the Acts Interpretation Act1954 , section 36, definition appoint . ‘(2) The information commissioner must, within 1 month, give the Speaker a statement setting out the information mentioned in subsection (3) in relation to— (a) the interests of the information commissioner; and (b) the interests of each person who is a related person in relation to the information commissioner. ‘(3) The information to be set out in the statement is the information that would be required to be disclosed under the ParliamentofQueenslandAct2001 , section 69B if the information commissioner were a member of the Legislative Assembly. ‘(4) Subsections (5) and (6) apply if, after the giving of the statement— (a) there is a change in the interests mentioned in subsection (2); and (b) the change is of a type that would have been required to be disclosed under the ParliamentofQueenslandAct2001 , section 69B if the information commissioner were a member of the Legislative Assembly. ‘(5) The information commissioner must give the Speaker a revised statement. ‘(6) The revised statement must— Page 152 2010 Act No. 37

Integrity Reform (Miscellaneous Amendments) Act 2010 Part 13 Amendment of Right to Information Act 2009 [s 175] (a) be given as soon as possible after the relevant facts about the change come to the information commissioner’s knowledge; and (b) comply with subsection (3). ‘(7) The Speaker must, if asked, give a copy of the latest statement to— (a) the Minister; or (b) the leader of a political party represented in the Legislative Assembly; or (c) the Crime and Misconduct Commission; or (d) a member of the parliamentary committee; or (e) the integrity commissioner. ‘(8) The Speaker must, if asked, give a copy of the part of the latest statement that relates only to the information commissioner to another member of the Legislative Assembly. ‘(9) A member of the Legislative Assembly may, by writing given to the Speaker, allege that the information commissioner has not complied with the requirements of this section. ‘(10) A reference in this section to an interest is a reference to the matter within its ordinary meaning under the general law and the definition in the Acts Interpretation Act 1954 , section 36 does not apply. ‘(11) In this section— integrity commissioner means the Queensland Integrity Commissioner under the Integrity Act 2009 . related person , in relation to the information commissioner, means— (a) the information commissioner’s spouse; or (b) a person who is totally or substantially dependent on the information commissioner and— 2010 Act No. 37 Page 153

Integrity Reform (Miscellaneous Amendments) Act 2010 Part 13 Amendment of Right to Information Act 2009 [s 176] (i) the person is the information commissioner’s child; or (ii) the person’s affairs are so closely connected with the affairs of the information commissioner that a benefit derived by the person, or a substantial part of it, could pass to the information commissioner. ‘140B Conflicts of interest ‘(1) If the information commissioner has an interest that conflicts or may conflict with the discharge of the information commissioner’s responsibilities, the information commissioner— (a) must disclose the nature of the interest and conflict to the Speaker and parliamentary committee as soon as practicable after the relevant facts come to the information commissioner’s knowledge; and (b) must not take action or further action concerning a matter that is, or may be, affected by the conflict until the conflict or possible conflict is resolved. ‘(2) If the conflict or possible conflict between an interest of the information commissioner and the information commissioner’s responsibilities is resolved, the information commissioner must give to the Speaker and parliamentary committee a statement advising of the action the information commissioner took to resolve the conflict or possible conflict. ‘(3) A reference in this section to an interest or to a conflict of interest is a reference to those matters within their ordinary meaning under the general law and, in relation to an interest, the definition in the Acts Interpretation Act 1954 , section 36 does not apply.’. 176 Insertion of new ch 7, pt 4 Chapter 7, after section 206— insert — Page 154 2010 Act No. 37

‘Part 4 Integrity Reform (Miscellaneous Amendments) Act 2010 Part 14 Minor and consequential amendments [s 177] Transitional provision for Integrity Reform (Miscellaneous Amendments) Act 2010 ‘206A Declaration of interests by information commissioner ‘(1) This section applies to the person who, immediately before the commencement of this section, was the information commissioner. ‘(2) The person must comply with section 140A(2) within 1 month after the commencement of this section.’. Part 14 Minor and consequential amendments 177 Acts amended in schedule (1) The schedule amends the Acts it mentions. (2) However, subsection (1) does not apply in relation to a particular Act if another provision of this Act states that the schedule amends the particular Act. 2010 Act No. 37 Page 155

Integrity Reform (Miscellaneous Amendments) Act 2010 Schedule Schedule Acts amended sections 70 and 177 Corrective Services Act 2006 1 Section 272(3)(b), examples, second dot point, from ‘a code’ to ‘department’— omit, insert— ‘the approved code of conduct for public service agencies, and any approved standard of practice for the department, under the PublicSector Ethics Act 1994 ’. Education (General Provisions) Act 2006 1 Section 107(4)— omit. 2 Section 107(5)— renumber as section 107(4). Parliament of Queensland Act 2001 1 Sections 65(2), 71(1), 103(1)(a) and 112(3)(a), editor’s note, ‘ Editor’s note ’— omit, insert— ‘ Note ’. Page 156 2010 Act No. 37

Integrity Reform (Miscellaneous Amendments) Act 2010 Schedule 2 Section 68(1), note 1, ‘making the oath or’— omit, insert— ‘taking the oath or making the’. 3 Section 72(1)(a), note, ‘making the oath or’— omit, insert— ‘taking the oath or making the’. 4 Section 79, definition community service obligation , ‘section 121’— omit, insert— ‘section 112’. 5 Section 79, definition community service obligation , editor’s note — omit. 6 Section 92(2)(a) and (b), ‘obligations’— omit, insert— ‘values’. 7 Section 121(1)(a), at the end— insert— ‘or’. 8 Sections 162, 163 and 164, heading, all words after ‘provision’— omit. 2010 Act No. 37 Page 157

Integrity Reform (Miscellaneous Amendments) Act 2010 Schedule Transport Operations (Passenger Transport) Act 1994 1 Section 113I(4)(a), from ‘obligations’ to ‘imposed on’— omit, insert— ‘values under the Public Sector Ethics Act 1994 , part 3 apply to’. © State of Queensland 2010 Page 158 2010 Act No. 37