Public Sector Act 2022 (Qld)

Public Sector Act 2022

An Act to provide for the administration of the public sector, the employment arrangements for public sector employees, a fair and responsive public sector and particular matters relating to individuals other than public sector employees

Chapter 1    Preliminary

Part 1    Introduction

1   Short title

This Act may be cited as the Public Sector Act 2022.

2   Commencement

This Act commences on 1 March 2023.

3   Main purpose of Act

The main purpose of this Act is to provide a framework for a fair and integrated public sector that serves the people of Queensland and the State.

4   How main purpose is primarily achieved

The main purpose of this Act is to be achieved primarily by—

(a)ensuring the public sector is responsive to the community it serves by—

(i)promoting a spirit of service to the community; and

(ii)providing for the appointment of chief executives and the employment of senior executives to provide the public service with high-performing, future-focused leadership; and

(iii)providing for the employment and administration of the public service; and

(iv)taking measures to promote the effectiveness and efficiency of public sector entities; and

(v)establishing the Public Sector Commission and providing for the appointment of a Public Sector Commissioner to enhance the public sector’s human resource management and capability; and

(vi)establishing the Public Sector Governance Council to provide oversight of public sector governance; and

(vii)establishing a shared responsibility for the effective stewardship of the public sector between the Public Sector Governance Council, the Public Sector Commissioner and chief executives of departments; and

(b)creating a public sector that supports the State government in reframing its relationship with Aboriginal peoples and Torres Strait Islander peoples by—

(i)ensuring public sector entities recognise the importance to Aboriginal peoples and Torres Strait Islander peoples of the right to self-determination; and

(ii)ensuring public sector entities actively promote the perspectives of Aboriginal peoples and Torres Strait Islander peoples; and

(c)creating a public sector that ensures fairness in the employment relationship and fair treatment of its employees by—

(i)providing for the key rights, obligations and employment arrangements of public sector employees; and

(ii)maximising employment security and permanency of employment; and

(iii)taking steps to promote equity, diversity, respect and inclusion in employment, including for diversity target groups; and

(iv)ensuring a high-performing and diverse workforce, through fair and transparent, merit-based selection processes; and

(v)ensuring fair and accountable decision-making, including by providing public sector employees with access to fair and independent reviews and appeals; and

(vi)setting a positive performance management framework for public sector employees; and

(vii)fixing principles to guide public sector managers, and the work performance and personal conduct of public sector employees; and

(d)establishing a high-performing, apolitical public sector by effective stewardship that—

(i)responds to the needs of the community and the government; and

(ii)maintains accountability, impartiality and integrity, while supporting the public interest, and when giving advice to the government; and

(iii)focuses on the delivery of services and government programs; and

(iv)supports the government in making and implementing decisions about public policy while harnessing creativity and innovation; and

(v)ensures public resources are managed efficiently and their use is accountable.

5   Application of provisions of this Act by another Act

(1)Nothing in this Act prevents another Act or regulation from—

(a)applying particular provisions of this Act to an entity that is not a public sector entity or to the chief executive or employees of that entity; or

(b)providing for the way in which the provisions mentioned in paragraph (a) are to apply, including, for example, that they apply with or without change.

(2)In this section—

chief executive, of an entity, includes the individual responsible for the day-to-day management of the entity or the entity’s affairs, whether or not the individual is subject to the direction of, or reports to, a governing body of the entity.

Part 2    Interpretation

Division 1 Dictionary

6   Definitions

The dictionary in schedule 2 defines particular words used in this Act.

Division 2 Key terms

Subdivision 1 Entities

7   What is the public sector

The public sector is the sector that consists of—

(a)public sector entities; and

(b)public sector employees who are employed in public sector entities.

8   What is a public sector entity

(1)A public sector entity is—

(a)a public service entity; or

(b)an entity, other than a public service entity, prescribed by regulation as a public sector entity; or

(c)a registry or other administrative office of a court or tribunal of the State; or

(d)an agency, authority, commission, corporation, instrumentality, office, or other entity, other than an entity mentioned in paragraph (a), (b) or (c), established under an Act for a public or State purpose.

(2)However, none of the following is a public sector entity—

(a)a local government;

(b)a corporation owned by a local government, or a subsidiary of a corporation owned by a local government;

(c)the parliamentary service established under the Parliamentary Service Act 1988;

(d)the Governor’s official residence (known as ‘Government House’) and its associated administrative unit;

(e)the Executive Council;

(f)the Legislative Assembly;

(g)a court of the State;

(h)the police service to the extent that it does not include staff members mentioned in the Police Service Administration Act 1990, section 2.5(1)(a) or 2.5(1)(b)(ii);

(i)a community justice group established under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984;

(j)a school council established under the Education (General Provisions) Act 2006;

(k)a parents and citizens association formed under the Education (General Provisions) Act 2006, chapter 7;

(l)a university established under an Act;

(m)a co-operative under the Co-operatives National Law (Queensland) for primary producers that is not in receipt of moneys of, or financial assistance from, the State;

(n)an association incorporated under the Associations Incorporation Act 1981;

(o)a government owned corporation, unless a regulation prescribes it to be a public sector entity;

(p)a national system employer within the meaning of the Fair Work Act 2009 (Cwlth), section 14, including a national system employer mentioned in section 30N of that Act;

(q)the council;

(r)a taskforce established under section 195;

(s)another entity prescribed by another Act for this section not to be a public sector entity;

(t)another entity, or part of another entity, prescribed by regulation for this section not to be a public sector entity.

(3)Also, if a public sector entity mentioned in subsection (1)(d) is part of a department, the public sector entity is taken not to have an existence as a public sector entity, separate to the existence of the department as a public sector entity, for the purpose of this Act.

(4)In this section—

court includes a court of record.

9   What is a public service entity

A public service entity is—

(a)a department; or

(b)an entity mentioned in schedule 1.

10   What is a department

A department is a department of government declared under section 197.

11   What is the public service

The public service consists of persons employed under chapter 4 or 5 in departments or other public service entities.

Subdivision 2 Employees

12   Who is a public sector employee

(1)A public sector employee is—

(a)a public service employee; or

(b)a person employed under another Act or law in a public sector entity.

(2)However, none of the following is a public sector employee—

(a)a person appointed to an office if—

(i)the appointment to the office is made by the Governor alone; or

(ii)the appointment to the office is made by the Governor in Council; or

(iii)the salary for the office is provided for, or calculated in accordance with a salary provided for, under the Judicial Remuneration Act 2007, the District Court of Queensland Act 1967 or the Magistrates Act 1991; or

(iv)the office is a particular office established under an Act that expressly provides for the appointment of the holder of an office mentioned in subparagraph (ii); or

(v)the office is honorary; or

(vi)the office is prescribed by regulation for this subparagraph;

(b)a person appointed as a member of a board;

(c)a person appointed as a chief executive of a public sector entity if the person was appointed by a board;

(d)a person employed as an associate to a Supreme Court judge, District Court judge, commissioner under the Industrial Relations Act 2016, or judge or member of another court of record;

(e)a person employed as a ministerial staff member under the Ministerial and Other Office Holder Staff Act 2010;

(f)a person employed under a law of a jurisdiction outside Australia;

(g)a person prescribed by another Act for this section not to be a public sector employee;

(h)a person prescribed by regulation for this section not to be a public sector employee.

(3)Despite subsection (1) or (2), a person is a public sector employee if—

(a)the person is appointed as a chief executive under section 171, the commissioner under section 212, or a special commissioner under section 230; or

(b)another Act provides the person is to be, may be, or is employed or appointed under this Act.

(4)Public sector employees are generally employees for the Industrial Relations Act 2016.

(5)Subsection (4) does not limit or otherwise affect section 141.

13   Who is a public service employee

(1)A public service employee is a person employed under chapter 4 or 5 in a public service entity as—

(a)a general employee; or

(b)a fixed term temporary employee; or

(c)a casual employee; or

(d)an officer; or

(e)a senior officer; or

(f)a senior executive; or

(g)a chief executive.

(2)Also, the commissioner and each special commissioner are a public service employee.

14   Who is a public service officer

A public service officer is a public service employee mentioned in section 13(1)(d), (e), (f) or (g) or (2).

15   Conditions of employment of public sector employee

(1)The purpose of this section is to give an overview of a public sector employee’s conditions of employment.

(2)A public sector employee’s conditions of employment are governed by various laws and instruments, including, for example, the following—

(a)this Act;

(b)the Industrial Relations Act 2016;

(c)other Acts applying to the employee;

(d)industrial instruments applying to the employee;

(e)directives applying to the employee;

(f)the employee’s contract of employment.

(3)A public sector employee’s conditions of employment may be affected by other Acts, including, for example, the Human Rights Act 2019.

Subdivision 3 Chief executives

16   Who is a chief executive

A chief executive, in relation to a public sector entity, is—

(a)for a department—the individual appointed under this Act as the chief executive of the department; or

(b)for a public service entity mentioned in section 9(b)—the head of the entity; or

(c)for another public sector entity—

(i)if a regulation prescribes a position for this subparagraph—the individual who holds the prescribed position; or

(ii)otherwise—the individual responsible for the day- to-day management of the entity or the entity’s affairs, whether or not the individual is subject to the direction of, or reports to, a governing body of the entity.

17   Who is a public sector employee’s chief executive

(1)The chief executive, of a public sector employee, is—

(a)for a public service employee—the chief executive of the public service entity in which the employee is employed as a public service employee; or

(b)for a public sector employee mentioned in section 12(1)(b)—the chief executive of the public sector entity in which the employee is employed as a public sector employee.

(2)Despite subsection (1)(a), if the employee is employed in a public service entity mentioned in section 9(b), the chief executive of the employee is the head of the entity.

(3)To remove any doubt, it is declared that—

(a)the chief executive of a health service employee appointed under the Hospital and Health Boards Act 2011, section 67(1) is the chief executive of the department mentioned in that section; and

(b)the chief executive of a health executive or a senior health service employee appointed under the Hospital and Health Boards Act 2011, section 67(2) is the chief executive of the Service mentioned in that section; and

(c)the chief executive of a health service employee appointed under the Hospital and Health Boards Act 2011, section 67(3) is the chief executive of the prescribed Service mentioned in that section.

18   Relationship between chief executives and their employees

(1)The chief executive of a department is, for the State, responsible for the employment of public service employees of that department.

(2)The public service employees of a department are responsible to that department’s chief executive in relation to their employment in that department.

(3)The chief executive of a public sector entity other than a department is, for the State or the public sector entity, responsible for the employment of public sector employees of that public sector entity.

(4)The public sector employees of a public sector entity other than a department are responsible to that public sector entity’s chief executive in relation to their employment in that public sector entity.

Part 3    Reframing of State’s relationship with Aboriginal peoples and Torres Strait Islander peoples

Division 1 Preliminary

19   Purpose of part

(1)The purpose of this part is to—

(a)ensure reframing entities support the State government in reframing its relationship with Aboriginal peoples and Torres Strait Islander peoples, being Australia’s first peoples; and

(b)develop the cultural capability of prescribed entities.

(2)The purpose is to be achieved by ensuring reframing entities and prescribed entities take active steps to—

(a)recognise the importance to Aboriginal peoples and Torres Strait Islander peoples of the right to self-determination; and

(b)foster a culturally capable workforce and a culturally safe workplace by developing the cultural capability of the entities.

20   Definitions for part

In this part—

cultural capability, of an entity, means the integration of knowledge about the experiences and aspirations of Aboriginal peoples and Torres Strait Islander peoples into the entity’s workplace standards, policies, practices and attitudes to produce improved outcomes for Aboriginal peoples and Torres Strait Islander peoples.

reframing entity means—

(a)a public sector entity; or

(b)the police service; or

(c)an entity prescribed by another Act for this definition; or

(d)an entity prescribed by regulation for this definition.

Division 2 Responsibilities

21   Responsibilities for supporting a reframed relationship with Aboriginal peoples and Torres Strait Islander peoples

(1)Reframing entities, as providers of public services to the people of Queensland, have a unique role in supporting the State government in reframing its relationship with Aboriginal peoples and Torres Strait Islander peoples.

(2)Reframing entities fulfil the role by—

(a)recognising and honouring Aboriginal peoples and Torres Strait Islander peoples as the first peoples of Queensland; and

(b)engaging in truth-telling about the shared history of all Australians; and

(c)recognising the importance to Aboriginal peoples and Torres Strait Islander peoples of the right to self-determination; and

(d)promoting cultural safety and cultural capability at all levels of the public sector; and

(e)working in partnership with Aboriginal peoples and Torres Strait Islander peoples to actively promote, include and act in a way that aligns with their perspectives, in particular when making decisions directly affecting them; and

(f)ensuring the workforce and leadership of the entities are reflective of the community they serve, having regard to chapter 2 and chapter 3, part 3; and

(g)promoting a fair and inclusive public sector that supports a sense of dignity and belonging for Aboriginal peoples and Torres Strait Islander peoples; and

(h)supporting the aims, aspirations and employment needs of Aboriginal peoples and Torres Strait Islander peoples and the need for their greater involvement in the public sector.

(3)The chief executive of a reframing entity is responsible for ensuring the entity fulfils the role.

(4)To remove any doubt, it is declared that—

(a)an act or decision is not invalid merely because a person fails to comply with this section; and

(b)nothing in this section creates in a person a legal right or gives rise to a civil cause of action.

Division 3 Plan and audit

22   Definition for division

In this division—

prescribed entity means—

(a)a department; or

(b)a Hospital and Health Service established under the Hospital and Health Boards Act 2011, section 17; or

(c)the police service; or

(d)an entity prescribed by another Act for this definition; or

(e)an entity prescribed by regulation for this definition.

23   Reframing the relationship plan and audit

(1)The chief executive of a prescribed entity must, as part of the entity’s workforce planning, make a document (a reframing the relationship plan), informed by the matters mentioned in section 21, that identifies the measures for developing the cultural capability of the entity when—

(a)providing advice to the State government; and

(b)delivering services to the community.

(2)The reframing the relationship plan must be published—

(a)on the prescribed entity’s website; or

(b)if the prescribed entity does not have a website, in another publicly available way the chief executive of the entity considers appropriate.

(3)As soon as practicable after the end of each financial year, the chief executive of the prescribed entity must conduct an audit of the entity’s performance as measured against the reframing the relationship plan.

(4)The chief executive of the prescribed entity—

(a)must review the reframing the relationship plan annually; and

(b)may amend the plan at any time; and

(c)is responsible for the implementation and outcomes of the plan.

Chapter 2    Equity, diversity, respect and inclusion

Part 1    Preliminary

24   Purpose of chapter

(1)The purpose of this chapter is to ensure each prescribed entity—

(a)develops a diverse workforce that represents and reflects the diverse views, experiences and backgrounds of the people of Queensland; and

(b)actively progresses equity and diversity in employment matters for diversity target groups, including conducting an annual equity and diversity audit and actively progressing gender pay equity; and

(c)can demonstrate there are equal conditions of employment and equality in access to employment opportunities and leadership roles; and

(d)fosters a respectful and inclusive workplace culture in which all employees feel safe, valued, accepted and supported at work and can participate equally; and

(e)creates a workplace free from unlawful discrimination.

(2)In this section—

actively progressing gender pay equity includes taking measures to achieve—

(a)equal remuneration for male and female employees for work of equal or comparable value; and

(b)equity for women in employment conditions; and

(c)equity in women’s access to working arrangements and employment and development opportunities.

25   Definitions for chapter

In this chapter—

chapter 2 special commissioner means a person appointed as a special commissioner under section 230 whose area of public sector administration stated in the person’s instrument of appointment relates to promoting equity, diversity, respect and inclusion in employment.

chief executive, of a prescribed entity—

(a)for a prescribed entity that is a public sector entity—see section 16; or

(b)otherwise—the individual responsible for the day-to-day management of the entity or the entity’s affairs, whether or not the individual is subject to the direction of, or reports to, a governing body of the entity.

culture of respect and inclusion, in relation to a prescribed entity’s workforce, see section 32.

diversity target group means any of the following groups—

(a)Aboriginal peoples and Torres Strait Islander peoples;

(b)people from culturally and linguistically diverse backgrounds;

(c)people with disability;

(d)women;

(e)a group prescribed by regulation for this definition.

employee includes an individual appointed under a statutory appointment.

equity and diversity audit see section 29(1).

equity and diversity plan see section 28(1).

equity and diversity report see section 29(3).

prescribed entity means—

(a)a public sector entity; or

(b)the police service; or

(c)an entity prescribed by another Act for this definition; or

(d)an entity prescribed by regulation for this definition.

unlawful discrimination means discrimination that is unlawful under the Anti-Discrimination Act 1991.

26   Application of chapter

This chapter applies in relation to a prescribed entity only to the extent the prescribed entity has employees.

Part 2    Equity and diversity in employment

27   Duty to promote equity and diversity

The chief executive of a prescribed entity must take reasonable action to—

(a)promote, support and progress equity and diversity in the entity in relation to employment matters; and

(b)ensure people who are members of 1 or more diversity target groups are able to pursue careers, and compete for recruitment, selection and promotion opportunities, in the entity; and

(c)eliminate unlawful discrimination in the entity in relation to employment matters.

28   Equity and diversity plan

(1)The chief executive of a prescribed entity must, as part of the entity’s workforce planning, make a document (an equity and diversity plan) that identifies the measures for improving equity and diversity in the entity in relation to employment matters.

(2)Without limiting subsection (1), the measures identified in the equity and diversity plan must include—

(a)the establishment of objectives, strategies and targets for the employment of people who are members of 1 or more diversity target groups in the prescribed entity; and

(b)any other measure prescribed by regulation.

(3)The equity and diversity plan must be published—

(a)on the prescribed entity’s website; or

(b)if the prescribed entity does not have a website, in another publicly available way the chief executive of the entity considers appropriate.

(4)The chief executive of the prescribed entity—

(a)must review the equity and diversity plan annually; and

(b)may amend the plan at any time, having regard to the most recent equity and diversity audit and equity and diversity report; and

(c)is responsible for the implementation and outcomes of the plan.

(5)To remove any doubt, it is declared that the equity and diversity plan may also address matters about a group of employees that is not a diversity target group.

Example of a group of employees that is not a diversity target group—

people with diverse sexual orientations, gender identities or intersex variations

29   Equity and diversity audit and report

(1)The chief executive of a prescribed entity must conduct an audit each year (an equity and diversity audit)—

(a)to gather information about the composition of the entity’s workforce; and

(b)if the entity had an equity and diversity plan for the previous year—to analyse performance against that plan; and

(c)otherwise to identify and analyse opportunities to promote, support and progress equity and diversity in the entity.

(2)In planning for and conducting the audit, the chief executive of the prescribed entity must consider—

(a)the purpose of this chapter under section 24; and

(b)the chief executive’s duty under section 27; and

(c)the obligation under section 28 for the chief executive to make an equity and diversity plan.

(3)As soon as practicable after conducting the audit, the chief executive of the prescribed entity must prepare a report about the information gathered in the audit (an equity and diversity report).

(4)If the commissioner or chapter 2 special commissioner asks the chief executive of the prescribed entity for a copy of the equity and diversity report, the chief executive must comply with the request.

30   Request for information

(1)The commissioner or chapter 2 special commissioner may ask the chief executive of a prescribed entity to provide information about the chief executive’s compliance with section 27, 28 or 29.

(2)Also, the commissioner or chapter 2 special commissioner may ask for the following information for the prescribed entity—

(a)the steps the entity has taken to comply with its equity and diversity plan;

(b)the other information prescribed by regulation.

(3)The chief executive of the prescribed entity must give the commissioner and chapter 2 special commissioner the information within 3 months after receiving the request.

31   Recommendation to take particular action

(1)This section applies if the commissioner or chapter 2 special commissioner believes that the chief executive of a prescribed entity has not fully complied with the obligation under section 28(1) to make an equity and diversity plan.

(2)The commissioner or chapter 2 special commissioner may recommend to the chief executive of the prescribed entity that particular action (the recommended action) be taken to improve compliance with the obligation.

(3)Without limiting subsection (2), the commissioner or chapter 2 special commissioner may recommend to the chief executive of the prescribed entity that the entity’s equity and diversity plan be amended.

(4)The chief executive of the prescribed entity must either—

(a)take the recommended action; or

(b)give the commissioner and chapter 2 special commissioner a notice stating the reasons why the recommended action can not be taken.

Part 3    Culture of respect and inclusion in the public sector

32   What is a culture of respect and inclusion

A culture of respect and inclusion, in relation to a prescribed entity’s workplace, includes a culture where—

(a)all employees feel safe in the workplace; and

(b)the experiences and perspectives of members of diversity target groups, and other groups of employees that are not diversity target groups, are invited and respected; and

Example of a group of employees that is not a diversity target group—

people with diverse sexual orientations, gender identities or intersex variations

(c)a culture of belonging is fostered in the entity’s workforce; and

(d)employees in the entity are supported to work together to improve performance and wellbeing of all employees; and

(e)employees in the entity possess the skills and knowledge, and have access to the systems, necessary to engage in employment matters in a respectful, appropriate and safe way.

33   Duty to promote and support culture of respect and inclusion

(1)The chief executive of a prescribed entity is responsible for promoting and supporting a culture of respect and inclusion in the entity’s workplace.

(2)The chief executive of a prescribed entity must ensure the entity’s training programs, policies and practices specifically promote and support a culture of respect and inclusion.

(3)To remove any doubt, it is declared that the prescribed entity’s equity and diversity plan may outline measures for fulfilling the requirements under subsection (1) or (2).

Example—

The prescribed entity’s equity and diversity plan may contain measures for promoting a culture in which the experiences and perspectives of people with diverse sexual orientations, gender identities or intersex variations are invited and respected.

34   Request for information

(1)The commissioner or chapter 2 special commissioner may ask the chief executive of a prescribed entity to provide information about the entity’s compliance with section 33.

(2)The chief executive of the prescribed entity must give the commissioner and chapter 2 special commissioner the information within 3 months after receiving the request.

35   Recommendation to take particular action

(1)This section applies if the commissioner or chapter 2 special commissioner believes, on the basis of information given under section 34, that the chief executive of a prescribed entity has not fully complied with the obligation under section 33(2).

(2)The commissioner or chapter 2 special commissioner may recommend to the chief executive of the prescribed entity that particular action (the recommended action) be taken to improve compliance with the obligation.

(3)The chief executive of the prescribed entity must either—

(a)take the recommended action; or

(b)give the commissioner and chapter 2 special commissioner a notice stating the reasons why the recommended action can not be taken.

Part 4    Miscellaneous

36   Annual report

(1)This section applies to the following person (the relevant commissioner)—

(a)the chapter 2 special commissioner;

(b)if there is not a chapter 2 special commissioner—the commissioner.

(2)As soon as practicable after the end of each financial year, the relevant commissioner must prepare and give to the chairperson of the council a report about the relevant commissioner’s activities under chapter 2 during the financial year.

(3)The chairperson must give the Minister and the council a copy of the report.

37   Exemption from particular requirements and obligations

(1)This section applies if the commissioner or chapter 2 special commissioner believes it is not reasonably practicable for the chief executive of a prescribed entity to comply with any of the following requirements or obligations because of the number of staff or other resources of the entity—

(a)a requirement to make an equity and diversity plan;

(b)a requirement to conduct an equity and diversity audit;

(c)a requirement to prepare an equity and diversity report;

(d)an obligation under section 33(2).

(2)The commissioner or chapter 2 special commissioner may give the chief executive of the prescribed entity an exemption from the requirement or obligation.

(3)The exemption may be for all years or a particular year.

(4)The commissioner or chapter 2 special commissioner may cancel all or part of the exemption.

(5)The exemption or cancellation must be in writing.

Chapter 3    Public sector arrangements

Part 1    Preliminary

38   Application of chapter

This chapter applies to public sector entities and public sector employees.

Part 2    Principles

39   Public sector principles

(1)In recognition that public sector entities are established for a public or State purpose, and of the trust the people of Queensland place in public sector entities, a public sector entity should be guided by the principles mentioned in subsections (2) and (3) (the public sector principles).

(2)The management of the public sector should be guided by the following principles—

(a)achieving a spirit of service to the community;

(b)ensuring accountability, integrity and support of the public interest;

(c)ensuring independence, transparency and impartiality in giving advice and making decisions;

(d)achieving responsiveness, innovation and creativity;

(e)promoting collaboration between public sector entities and other entities in providing services to the community;

(f)achieving continuous organisational improvement.

(3)The employment of public sector employees should be guided by the following principles—

(a)ensuring employment on a permanent basis is the default basis of employment, other than for non-industrial instrument employees;

(b)supporting equity, diversity, respect and inclusion at work;

(c)ensuring the taking of measures aimed at implementing and promoting pay equity;

(d)ensuring effectiveness and efficiency while maintaining a focus on the future;

(e)ensuring fairness and impartiality in making decisions;

(f)remunerating employees at rates appropriate to their responsibilities;

(g)promoting equitable and flexible working environments.

40   Work performance and personal conduct principles

(1)In recognition that public sector employment involves a public trust, the work performance and personal conduct of each public sector employee should be guided by the following principles (the work performance and personal conduct principles)—

(a)achieving excellence in service delivery;

(b)ensuring the effective, efficient and appropriate use of public resources;

(c)giving effect to government policies and priorities;

(d)collaborating with other public sector entities with a focus on public sector-wide priorities in addition to priorities specific to particular public sector entities, if appropriate and while recognising the need for independence of particular public sector entities;

(e)providing sound and impartial advice to government;

(f)continuously improving work performance, including through training and development;

(g)carrying out duties impartially and with integrity;

(h)acting honestly, fairly and in the public interest;

(i)interacting with staff members under the Ministerial and Other Office Holder Staff Act 2010 respectfully, collaboratively and with integrity;

(j)observing all laws relevant to the employment;

(k)ensuring the employee’s personal conduct does not reflect adversely on the reputation of the public sector entity in which the employee is employed;

(l)observing the ethics principles under the Public Sector Ethics Act 1994, section 4;

(m)complying with an approved code of conduct and any approved standard of practice as required under the Public Sector Ethics Act 1994, section 12H or 18.

(2)A public sector manager must take all reasonable steps to ensure each public sector employee under the manager’s management is aware of the following matters—

(a)the work performance and personal conduct expected of the employee;

(b)the public sector principles;

(c)the values of the public sector entity in which the employee is employed;

(d)for a public service employee—the values of the public service;

(e)what constitutes corrupt conduct under the Crime and Corruption Act 2001.

(3)Also, a public sector manager must—

(a)provide working environments in which all public sector employees are—

(i)treated fairly and reasonably; and

(ii)assigned work according to the employee’s responsibilities as reflected in remuneration rates; and

(b)consider and give effect to the following matters when undertaking management responsibilities—

(i)the public sector principles;

(ii)the values of the public sector entity in which the employee is employed;

(iii)if the manager is a public service employee—the values of the public service; and

(c)ensure fairness and integrity in performing managerial functions, including when making decisions; and

(d)undertake best practice human resource management, including the application of the positive performance management principles in the following ways—

(i)pro-actively managing the work performance and personal conduct of public sector employees;

(ii)constructively engaging with public sector employees to identify development and training opportunities, improve work performance, and build expertise in the public sector;

(iii)taking prompt and appropriate action to address any unacceptable work performance or personal conduct that arises; and

(e)take personal responsibility for development as a manager.

(4)A chief executive of a public sector entity has overall responsibility for—

(a)ensuring the entity performs its functions in a way consistent with—

(i)the main purpose of the Act; and

(ii)the ways in which the main purpose of the Act is to be primarily achieved; and

(iii)the public sector principles; and

(b)ensuring managers within the entity perform managerial functions in accordance with the positive performance management principles; and

(c)ensuring public sector employees have access to fair and independent reviews and appeals; and

(d)ensuring the entity has workforce and human resource planning and practices, including systems for the regular review of employment arrangements for public sector employees.

Note—

If the chief executive is an accountable officer under the Financial Accountability Act 2009, see also the responsibility of the chief executive to develop the strategic plan and operational plan under the Financial and Performance Management Standard 2019, section 8.

41   How chief executive must perform functions and discharge responsibilities

In performing functions and discharging responsibilities under an Act, a chief executive of a public sector entity must—

(a)observe the public sector principles; and

(b)comply with all relevant laws, industrial instruments and directives.

Part 3    Recruitment and selection

42   Definition for part

In this part—

employ, a person as a public sector employee, includes—

(a)for a public service officer—second or promote the officer; and

(b)for a chief executive—appoint.

43   Application of part

This part applies to the employment of an eligible person in or to a public sector entity.

44   Principles underpinning recruitment and selection

(1)The purpose of this section is to ensure the recruitment and selection of a high-performing, apolitical and representative public sector workforce.

(2)A person undertaking a recruitment and selection process in a public sector entity, including, for example, making a decision about employment of a public sector employee, must undertake the process in accordance with the principles mentioned in subsection (3).

(3)The principles are—

(a)recruitment and selection processes must be directed to the selection of the eligible person best suited to the position; and

(b)recruitment and selection processes must be fair and transparent; and

(c)recruitment and selection processes must reflect the obligations under chapter 2 relating to equity, diversity, respect and inclusion.

45   Employment on merit and for equity and diversity

(1)A person selected for employment in or to a public sector entity must be the eligible applicant best suited to the position.

(2)In deciding the eligible applicant best suited to a position, a person undertaking a recruitment and selection process in a public sector entity—

(a)must consider each eligible applicant’s ability to perform the requirements of the position; and

(b)may consider—

(i)the way in which each eligible applicant carried out any previous employment; and

(ii)the potential of each eligible applicant to make a future contribution to the entity; and

(iii)the extent to which the proposed decision would contribute to fulfilment of the entity’s obligations under chapter 2, including, for example, the objectives, strategies and targets stated in the entity’s equity and diversity plan.

46   Directive about recruitment and selection

The commissioner may make a directive about recruitment and selection under this part, including, for example—

(a)the way in which recruitment or selection processes in public sector entities must be carried out; and

(b)the way in which the principles mentioned in section 44(3) are to be applied; and

(c)a matter mentioned in section 45(2).

Part 4    Eligibility for employment

47   Requirement for citizenship or residency

(1)A person is eligible to be a public sector employee only if the person—

(a)is an Australian citizen; or

(b)resides in Australia and has permission, under a law of the Commonwealth, to work in Australia.

(2)A public sector employee’s chief executive may, by signed notice, terminate the employee’s employment if the employee is ineligible under subsection (1) to be a public sector employee.

(3)If a public sector employee’s permission to work in Australia ends, the employee’s employment is taken to have been terminated by the employee’s chief executive on the same day.

Part 5    Suitability for employment

Division 1 Preliminary

48   Definitions for part

In this part—

engage, a person as a public sector employee, includes—

(a)employ, promote, transfer, redeploy or second the person within or to a public sector entity; and

(b)allow the person to participate in a mobility arrangement in a public sector entity; and

(c)start training the person in a public sector entity as an apprentice or trainee, within the meaning of the Further Education and Training Act 2014.

suitability directive means a directive made for this part.

working with children authority see the Working with Children (Risk Management and Screening) Act 2000, section 18.

Division 2 Criminal history

49   Definition for division

In this division—

relevant duty see section 50.

50   Meaning of relevant duty

(1)A particular duty to be performed in a public sector entity is a relevant duty if the chief executive of the entity decides under the suitability directive that because of the nature of the duty, it may be necessary to have regard to the criminal history of a person engaged to perform the duty to ensure the person is suitable to perform the duty.

(2)However, the duty is not a relevant duty if the duty is likely to involve—

(a)child-related duties; or

(b)regulated employment.

Notes—

1See divisions 3 and 4 for assessing the suitability of persons to be engaged in child-related duties.

2See the Working with Children (Risk Management and Screening) Act 2000, chapter 7, and division 4, in relation to persons to be engaged in duties that are regulated employment.

51   Relationship with other laws

This division is subject to the Criminal Law (Rehabilitation of Offenders) Act 1986 but does not limit any other law, or other provision of this Act, under which a person’s criminal history may be obtained.

52   Chief executive may decide to obtain criminal history

(1)This section applies if the chief executive of a public sector entity engages, or proposes to engage, a person to perform a relevant duty in the entity.

(2)Also, this section applies if the chief executive of a public sector entity changes, or proposes to change, the duties of a public sector employee employed in the entity to include a relevant duty.

(3)The chief executive may, under the suitability directive, ask the person for written consent for the chief executive to obtain the person’s criminal history.

53   Failure to consent to obtaining criminal history

(1)This section applies if the person does not consent, or withdraws the person’s consent, to the chief executive obtaining the person’s criminal history.

(2)If the person is a public sector employee in the public sector entity who is engaged in performing a relevant duty, the chief executive must ensure the person does not perform a relevant duty.

(3)If the person is not a public sector employee in the public sector entity who is engaged in performing a relevant duty, the chief executive is not required to consider the person for the engagement.

54   Obtaining criminal history with consent

(1)This section applies if the person gives written consent to the chief executive obtaining the person’s criminal history.

(2)The chief executive may ask the police commissioner for a written report about the person’s criminal history.

(3)The request may include the following—

(a)the person’s name and any other name the chief executive believes the person may use or may have used;

(b)the person’s date and place of birth, gender and address.

(4)The police commissioner must comply with the request to the extent the police commissioner has possession of or access to the person’s criminal history.

55   Assessment of suitability using criminal history

After the report about the person’s criminal history is given to the chief executive, the chief executive must, under the suitability directive, consider the person’s criminal history in making an assessment about—

(a)for section 52(1)—the person’s suitability for the engagement to perform the relevant duty; or

(b)for section 52(2)—the person’s suitability for the change to the person’s duties to include the relevant duty.

Division 3 Child-related duties

56   Definitions for division

In this division—

child-related duty see section 57.

negative notice means a negative notice under the Working with Children (Risk Management and Screening) Act 2000.

registered teacher see the Working with Children (Risk Management and Screening) Act 2000, schedule 7.

57   Meaning of child-related duty

(1)A duty to be performed in a public sector entity is a child-related duty if the chief executive of the entity decides under the suitability directive that—

(a)the duty—

(i)is to be performed at a place at which services are provided only or mainly to children; or

(ii)is to be performed in a role involving providing services only or mainly to children; or

(iii)involves contact with children that is of a type, or happens in a context, that may create an unacceptable level of risk for children; and

(b)it is necessary to conduct child-related employment screening, under the Working with Children (Risk Management and Screening) Act 2000, chapter 8, of a person the chief executive engages, proposes to engage, or has engaged, to perform the duty, to ensure the person is suitable to perform the duty.

(2)However, the duty is not a child-related duty if the duty is likely to involve regulated employment.

Note—

See the Working with Children (Risk Management and Screening) Act 2000, chapter 7, and division 4, in relation to persons to be engaged in duties that are regulated employment.

58   Chief executive must ensure person holds working with children authority

(1)The chief executive of a public sector entity must ensure a person does not perform a child-related duty in the entity unless—

(a)the person holds a working with children authority; or

(b)if the person is a police officer or registered teacher—the person has made a working with children check (exemption) application under the Working with Children (Risk Management and Screening) Act 2000.

(2)Subsection (1) applies even if the person is a public sector employee at the time the chief executive proposes to engage the person to perform the child-related duty.

59   Chief executive must ensure police officer or registered teacher who is also a public sector employee holds exemption

(1)This section applies if—

(a)the chief executive of a public sector entity engages a person who is a police officer or registered teacher to perform child-related duties on the basis the person made an application mentioned in section 58(1)(b); and

(b)when the chief executive engages the person, the person is also a public sector employee; and

(c)either of the following happens—

(i)the person’s application is withdrawn under the Working with Children (Risk Management and Screening) Act 2000;

(ii)the person is issued a negative notice.

(2)The chief executive must ensure the person does not continue to perform child-related duties.

60   Chief executive must ensure police officer or registered teacher who is not public sector employee holds exemption

(1)This section applies if—

(a)the chief executive of a public sector entity engages a person who is a police officer or registered teacher to perform child-related duties on the basis the person has made an application mentioned in section 58(1)(b); and

(b)when the chief executive engages the person, the person is not a public sector employee.

(2)The chief executive—

(a)may employ the person on probation only for a period that does not end before a working with children exemption is issued to the person; and

(b)may confirm the person’s employment after probation only if the person is issued a working with children exemption; and

(c)must not confirm the person’s employment after probation if either of the following happens—

(i)the person’s application is withdrawn under the Working with Children (Risk Management and Screening) Act 2000;

(ii)the person is issued a negative notice.

(3)Subsection (2) does not limit or otherwise affect a power to impose a longer probationary period or to terminate a person’s employment.

(4)In this section—

working with children exemption see the Working with Children (Risk Management and Screening) Act 2000, section 18B.

61   Effect of suspension of working with children authority

(1)This section applies if a person’s working with children authority is suspended under the Working with Children (Risk Management and Screening) Act 2000.

(2)The chief executive must ensure the person does not perform a child-related duty in the public sector entity during the period of the suspension.

62   Effect of cancellation of working with children authority

(1)This section applies if a person’s working with children authority is cancelled under the Working with Children (Risk Management and Screening) Act 2000.

(2)The chief executive must ensure the person does not perform a child-related duty in the public sector entity.

Division 4 Further assessment of persons issued with working with children authority

63   Definition for division

In this division—

prescribed duty means—

(a)a child-related duty; or

(b)a duty relating to regulated employment.

64   Application of division

(1)This division applies if—

(a)the chief executive of a public sector entity engages, proposes to engage, or has engaged, a person to perform a prescribed duty in the entity; and

(b)the chief executive (working with children) has issued a working with children authority to the person; and

(c)the chief executive (working with children) has advised the chief executive of the public sector entity, under the Working with Children (Risk Management and Screening) Act 2000, section 246J, that a further assessment of the person may be needed to decide whether the person should be engaged to perform the prescribed duty.

(2)However, this section does not apply if the chief executive of the public sector entity engages, proposes to engage, or has engaged, the person to perform the prescribed duty only—

(a)under a contract for services; or

(b)on a voluntary basis; or

(c)if the person is a student—under an arrangement to provide the person with practical experience in the person’s field of study.

(3)In this section—

chief executive (working with children) means the chief executive of the department in which the Working with Children (Risk Management and Screening) Act 2000 is administered.

65   Relationship with other laws

This division is subject to the Criminal Law (Rehabilitation of Offenders) Act 1986 but does not limit any other law, or other provision of this Act, under which a person’s criminal history may be obtained.

66   Chief executive may decide to obtain criminal history

The chief executive may, under the suitability directive, ask the person for written consent for the chief executive to obtain the person’s criminal history.

67   Failure to consent to obtaining criminal history

(1)This section applies if the person does not consent, or withdraws the person’s consent, to the chief executive obtaining the person’s criminal history.

(2)If the person is a public sector employee in the public sector entity who is engaged in performing a prescribed duty, the chief executive must ensure the person does not perform a prescribed duty.

(3)If the person is not a public sector employee in the public sector entity who is engaged in performing a prescribed duty, the chief executive is not required to consider the person for the engagement.

68   Obtaining criminal history with consent

(1)This section applies if the person gives written consent to the chief executive obtaining the person’s criminal history.

(2)The chief executive may ask the police commissioner for a written report about the person’s criminal history.

(3)The request may include the following—

(a)the person’s name and any other name the chief executive believes the person may use or may have used;

(b)the person’s date and place of birth, gender and address.

(4)The police commissioner must comply with the request to the extent the police commissioner has possession of or access to the person’s criminal history.

69   Assessment of suitability using criminal history

After the report about the person’s criminal history is given to the chief executive, the chief executive must, under the suitability directive, consider the person’s criminal history in making an assessment about the person’s suitability for the engagement to perform the prescribed duty.

Division 5 Serious disciplinary action

70   Definition for division

In this division—

serious disciplinary action means—

(a)disciplinary action under a public sector disciplinary law involving—

(i)termination of employment; or

(ii)reduction of classification level or rank; or

(iii)transfer or redeployment to other employment; or

(iv)reduction of remuneration level; or

(b)a disciplinary declaration under a public sector disciplinary law that states that the disciplinary action that would have been taken against a person if the person’s employment had not ended is the disciplinary action mentioned in paragraph (a)(i) or (ii); or

(c)action taken by a chief executive to end a person’s employment as a public sector employee, or to consider a person’s employment as a public sector employee as ended, as mentioned in part 11.

71   Chief executive may require person to disclose serious disciplinary action

(1)This section applies if the chief executive of a public sector entity proposes to employ a person in, or second a person to, the entity.

(2)The chief executive may, under a directive, require the person to give the chief executive a notice stating the particulars of any serious disciplinary action taken against the person.

(3)The person must comply with the requirement before the employment or secondment takes effect and within the period and in the way stated by the chief executive.

(4)The chief executive is not required to further consider the person for the employment or secondment if the person—

(a)fails to comply with the requirement; or

(b)gives false or misleading information in response to the requirement.

72   Assessment of suitability using notice of serious disciplinary action

After the notice about the person’s serious disciplinary action is given to the chief executive, the chief executive must consider, under a directive, the particulars of any serious disciplinary action taken against the person in making an assessment about the person’s suitability for the employment in, or secondment to, the public sector entity.

Division 6 Change in criminal history

73   Public sector employee must disclose to chief executive charge or conviction for indictable offence

(1)This section applies if a public sector employee is—

(a)charged with an indictable offence; or

(b)convicted by a court of an indictable offence.

(2)The employee must give the employee’s chief executive a notice stating—

(a)if the employee has been charged with an indictable offence—

(i)that the employee has been charged; and

(ii)the details of the alleged offence; or

(b)if the employee has been convicted of an indictable offence—

(i)that the employee has been convicted; and

(ii)the details of the offence; and

(iii)the penalty imposed on the employee.

(3)The notice must be given—

(a)if the employee has been charged with an indictable offence—immediately after the employee is charged; or

(b)if the employee has been convicted of an indictable offence—immediately after the employee is convicted.

(4)In this section—

convicted includes a finding of guilt, whether or not a conviction is recorded.

indictable offence includes an indictable offence dealt with summarily.

74   Prosecuting authority must disclose to chief executive committals, convictions and other information

(1)This section applies if the police commissioner or the director of public prosecutions (a prosecuting authority) becomes aware that a person—

(a)is a public sector employee in a public sector entity; and

(b)has been charged with a relevant offence.

(2)If the person is committed by a court for trial for a relevant offence, the prosecuting authority must, within 7 days after the committal, give the person’s chief executive a notice including the following information—

(a)the person’s name;

(b)the court;

(c)particulars of the alleged relevant offence;

(d)the date of the committal;

(e)the court to which the person was committed.

(3)If the person is convicted before a court of a relevant offence, the prosecuting authority must, within 7 days after the conviction, give a notice to the person’s chief executive including the following information—

(a)the person’s name;

(b)the court;

(c)particulars of the relevant offence;

(d)the date of the conviction;

(e)the sentence imposed by the court.

(4)If the person is convicted as mentioned in subsection (3), and the person has appealed against the conviction, and the appeal is finally decided or has otherwise ended, the prosecuting authority must, within 7 days after the decision or the day the appeal otherwise ends, give a notice to the person’s chief executive including the following information—

(a)the person’s name;

(b)particulars of the relevant offence;

(c)the date of the decision or other ending of the appeal;

(d)if the appeal was decided—

(i)the court in which it was decided; and

(ii)particulars of the decision.

(5)If the prosecution for the relevant offence ends without the person being convicted of the offence, the prosecuting authority must, within 7 days after the prosecution process ends, give a notice to the person’s chief executive including the following information—

(a)the person’s name;

(b)if relevant, the court in which the prosecution process ended;

(c)particulars of the relevant offence;

(d)the date the prosecution process ended.

(6)For subsection (5), the prosecution process ends if—

(a)an indictment was presented against the person but a nolle prosequi is entered on the indictment or the person is acquitted; or

(b)the prosecution process otherwise ends.

(7)In this section—

disqualifying offence see the Working with Children (Risk Management and Screening) Act 2000, section 16.

relevant offence means—

(a)an indictable offence; or

(b)a disqualifying offence that is not an indictable offence.

Division 7 Offences

75   Failure to give required notice

A person must not fail to give a notice required to be given under section 73 to the person’s chief executive, unless the person has a reasonable excuse.

Maximum penalty—100 penalty units.

76   Giving chief executive false or misleading information in notice

(1)A person must not, in a notice required to be given under section 73 to the person’s chief executive, give the chief executive information the person knows is false or misleading in a material particular.

Maximum penalty—100 penalty units.

(2)Subsection (1) does not apply to a person if the person, when giving the notice—

(a)tells the chief executive, to the best of the person’s ability, how the notice is false or misleading; and

(b)if the person has, or can reasonably obtain, the correct information—gives the correct information.

77   False or misleading statements in written consent or other document

A person must not give a chief executive of a public sector entity a written consent as mentioned in section 52 or 66, or another document under this part, that the person knows contains information that is false or misleading in a material particular.

Maximum penalty—100 penalty units.

Division 8 Miscellaneous

78   Evidence of identity

A public sector employee must, within 1 month after starting employment in the public sector, give the employee’s chief executive—

(a)a certified copy or certified extract of the employee’s birth certificate; or

(b)if it is not practicable to obtain the copy or extract, another document the chief executive considers satisfactorily establishes the employee’s identity.

79   Destruction of reports and notices

(1)This section applies to each of the following documents if, under the suitability directive, the document is no longer required to be kept—

(a)a criminal history report about a person after the chief executive who requested the report makes an assessment about the person under division 2 or 4;

(b)a notice given to a chief executive under section 74.

(2)The chief executive must destroy the document and any other document required by the suitability directive to be destroyed.

80   Commissioner must make directive for this part

(1)The commissioner must make a directive for this part.

(2)The directive must include provision for—

(a)the circumstances in which a chief executive may decide it is necessary to obtain the criminal history of a person; and

(b)the following matters—

(i)the types of places a chief executive may decide are places at which services are provided only or mainly to a child or children;

(ii)the types of roles a chief executive may decide involve providing services only or mainly to a child or children;

(iii)the duties that involve contact with a child or children that is of a type, or happens in a context, that may create an unacceptable level of risk for the child or children; and

(c)giving a person a reasonable opportunity to make written representations about a criminal history report before an adverse decision relating to the person is made.

(3)In this section—

adverse decision, relating to a person, means a decision about the person’s suitability for engagement or continued engagement to perform—

(a)relevant duties in relation to which a criminal history report was obtained, other than a decision that the person is suitable for engagement to perform the relevant duties; or

(b)child-related duties, other than a decision that the person is suitable for engagement to perform the child-related duties; or

(c)duties that are regulated employment, other than a decision that the person is suitable to perform the duties.

Part 6    Nature of employment

Division 1 Security of employment

81   Basis of employment—generally on permanent basis

(1)Employment of a public sector employee is on a permanent basis unless the employee is employed on a non-permanent basis under this Act or another Act that enables the person to be employed on a non-permanent basis, including, for example—

(a)on a temporary basis for a fixed term; or

(b)on a casual basis.

(2)However, a public sector employee may be employed under this Act or another Act on a non-permanent basis only if employment of the employee on a permanent basis is not viable or appropriate.

(3)Without limiting subsection (2), employment of a public sector employee on a permanent basis may not be viable or appropriate if the employment is for any of the following purposes—

(a)in relation to employment on a temporary basis for a fixed term—

(i)to fill a temporary vacancy arising because a person is absent for a known period; or

Examples of absence for a known period—

approved leave (including parental leave), a secondment

(ii)to perform work for a particular project or purpose that has a known end date; or

Example—

employment for a set period as part of a training program or placement program

(iii)to fill a position for which funding is unlikely or unknown; or

Example—

employment relating to performing work for which funding is subject to change or is not expected to be renewed

(iv)to fill a short-term vacancy before a person is employed on a permanent basis; or

(v)to perform work necessary to meet an unexpected short-term increase in workload;

Example—

an unexpected increase in workload for disaster management and recovery

(b)in relation to employment on a casual basis—

(i)to fill a short-term vacancy arising because a person is absent for an unplanned or unexpected period; or

(ii)to perform work for a short period to fill a gap in a work roster for employees employed on a permanent basis, or on a temporary basis for a fixed term; or

(iii)to fill a position for which work patterns or work demand is variable and difficult to predict; or

(iv)to fill a position for which work hours are irregular, informal, flexible, occasional or non-rostered.

(4)Without limiting subsection (3)(a), employment of a person on a permanent basis may be viable or appropriate if a person is required to be employed for a purpose mentioned in subsection (3)(a) on a frequent or regular basis.

Example—

an ongoing requirement to backfill multiple absences because of approved leave (including parental leave) or secondments

(5)Without limiting subsection (3)(b), employment of a person on a permanent basis, or on a temporary basis for a fixed term, may be viable or appropriate if a person is required to be employed for a purpose mentioned in subsection (3)(b) on a regular or systematic basis.

Example—

an ongoing requirement to fill gaps in various work rosters, on a regular and systematic basis

(6)Subsections (2), (3), (4) and (5) apply despite another Act.

(7)To remove any doubt, it is declared that this section applies in relation to a public sector employee’s employment on a temporary basis for a fixed term if the employment is extended under this Act or another Act.

Division 2 Mobility of employment

82   Mobility arrangement

(1)A chief executive of a public sector entity may enter into an arrangement (a mobility arrangement) under which—

(a)a person who is a public sector employee employed in the entity temporarily performs work for or within, or duties in—

(i)another part of the entity; or

(ii)another entity; or

(b)a person employed in another entity temporarily performs work for or within, or duties in, the public sector entity.

Examples of another entity for paragraphs (a)(i) and (b)—

•another public sector entity

•an entity of the Commonwealth or another State, including, for example, any of the following—

(a)a department of government, or part of a department of government, of the Commonwealth or other State;

(b)an agency, authority, commission, corporation, instrumentality, office, or other entity, established under a law of the jurisdiction or under an authorisation of the Commonwealth or other State for its public or other purposes;

(c)a part of an entity mentioned in paragraph (b)

•a private or public company

(2)However, the mobility arrangement may be made only with the consent of—

(a)the person; and

(b)for subsection (1)(a)(ii) and (b)—the chief executive, or appropriate office holder, of the other entity.

(3)The mobility arrangement may make provision for all matters necessary or convenient to be provided for under the arrangement.

(4)The person’s chief executive or the chief executive, or appropriate office holder, of the other entity may end the mobility arrangement.

(5)If a chief executive, or appropriate office holder, ends a mobility arrangement under subsection (4), the chief executive, or appropriate office holder, must give notice of the ending of the arrangement to—

(a)the other chief executive, or appropriate office holder, who is a party to the arrangement; and

(b)the person.

(6)The continuity of a person’s employment in a public sector entity is taken not to have been broken by a mobility arrangement.

(7)The commissioner must make a directive about mobility arrangements.

(8)The directive may provide for the way in which this section is to be applied, including, for example, the period of notice to be given by a party to a mobility arrangement before ending the arrangement under subsection (4).

Part 7    Notification of employment

83   Notification of proposed employment or secondment

(1)If the chief executive of a public sector entity intends to employ or second a person to perform duties as a public sector employee, the chief executive must notify the chief executive’s intention as required under a directive.

(2)This section does not apply to—

(a)employment declared under a directive to be employment to which this section does not apply; or

(b)the transfer, redeployment or secondment of a person under a provision of an Act or a directive.

84   Notification of employment or secondment

(1)This section applies if the chief executive of a public sector entity—

(a)was required, under section 83, to notify the intention to employ a person on a permanent basis, or second a person to perform duties, as a public sector employee; or

(b)is required, under a directive made by the commissioner for this section, to publish notice of the employment or secondment of a public sector employee.

(2)The chief executive must publish notice of the employment or secondment in the gazette or in another way the commissioner considers appropriate.

Part 8    Work performance and conduct

Division 1 Positive performance management

85   Positive performance management principles

(1)For best practice human resource management and in recognition that public sector employees are selected based on recruitment and selection processes under chapter 3, part 3, the management of public sector employees must be directed towards the following principles (positive performance management principles)—

(a)pro-actively managing the professional and personal development of public sector employees with a view to continuously building expertise within the public sector;

(b)ensuring regular and constructive communication between public sector managers and employees about the work performance and personal conduct principles;

(c)recognising the strengths, requirements and circumstances of individual employees and valuing their contributions;

(d)recognising performance that meets or exceeds expectations;

(e)providing opportunities and support to employees for improving performance;

(f)continuously improving performance through the provision of training and development;

(g)identifying at the earliest possible stage performance that does not meet expectations;

(h)integrating the matters mentioned in paragraphs (a) to (g) into management practices and policies.

(2)The commissioner must make a directive about how the positive performance management principles are to be applied.

86   Requirement to apply positive performance management principles before taking disciplinary action

A public sector employee’s chief executive must not take disciplinary action against the employee for a matter relating to the employee’s performance until the chief executive has complied with a directive made under section 85(2) about applying the positive performance management principles in relation to the matter.

Division 2 Conflicts of interest

87   Meaning of interest

A reference to an interest or to a conflict of interest in this division is a reference to those matters within their ordinary meaning under the general law, and, in relation to an interest, the definition in the Acts Interpretation Act 1954, schedule 1, does not apply.

88   Declaration of interests—public sector employee

(1)A public sector employee’s chief executive may direct the employee to prepare and give the chief executive a statement about the employee’s interests.

(2)The statement must include the information required under a directive made by the commissioner.

(3)Subsection (4) applies if—

(a)a change to the employee’s interests happens after the giving of the statement; and

(b)the change is of a type prescribed under a directive made by the commissioner; and

(c)the chief executive has directed the employee to give the chief executive a revised version of the statement, including the change, within a stated period or at a stated interval.

(4)The employee must give the revised version of the statement, including the change, to the chief executive within the stated period or at the stated interval.

(5)A reference to a public sector employee in this section does not include a reference to a chief executive of a public sector entity.

89   Conflicts of interest—public sector employee

(1)If a public sector employee has an interest that conflicts or may conflict with the discharge of the employee’s duties, the employee—

(a)must disclose the nature of the interest and conflict to the employee’s chief executive as soon as practicable after the relevant facts come to the employee’s knowledge; and

(b)must not take action or further action concerning a matter that is, or may be, affected by the conflict unless authorised by the employee’s chief executive.

(2)A public sector employee’s chief executive may direct the employee to resolve a conflict or possible conflict between an interest of the employee and the employee’s duties.

(3)A reference to a public sector employee in this section does not include a reference to a chief executive of a public sector entity.

Division 3 Disciplinary action

Subdivision 1 Preliminary

90   Definitions for division

In this division—

disciplinary action see section 92.

disciplinary finding means a finding that a disciplinary ground exists.

disciplinary ground means a ground for disciplining a public sector employee under section 91.

take, disciplinary action, includes direct the action be taken.

91   Grounds for discipline

(1)A public sector employee’s chief executive may discipline the employee if the chief executive is reasonably satisfied the employee has—

(a)engaged in repeated unsatisfactory performance or serious under performance of the employee’s duties, including, for example, by performing duties carelessly, incompetently or inefficiently; or

(b)been guilty of misconduct; or

(c)been absent from duty without approved leave and without reasonable excuse; or

(d)contravened, without reasonable excuse, a direction given to the employee as a public sector employee by a responsible person; or

(e)used, without reasonable excuse, a substance to an extent that has adversely affected the competent performance of the employee’s duties; or

(f)contravened, without reasonable excuse, a requirement of the chief executive under section 71 in relation to the employee’s employment or secondment by, in response to the requirement—

(i)failing to disclose a serious disciplinary action; or

(ii)giving false or misleading information; or

(g)contravened, without reasonable excuse, a provision of—

(i)this Act, other than section 39 or 40; or

(ii)another Act that applies to the employee in relation to the employee’s employment; or

(h)contravened, without reasonable excuse, a relevant standard of conduct in a way that is sufficiently serious to warrant disciplinary action.

(2)A disciplinary ground arises when the act or omission constituting the ground is done or made.

(3)Also, a chief executive may discipline, on the same grounds mentioned in subsection (1), a public sector employee under section 94 or a person under section 95.

(4)To remove any doubt, it is declared that a disciplinary ground does not arise in relation to a public sector employee only because the employee’s work performance or personal conduct fails to satisfy the work performance and personal conduct principles or the public sector principles.

(5)In this section—

misconduct means—

(a)inappropriate or improper conduct in an official capacity; or

(b)inappropriate or improper conduct in a private capacity that reflects seriously and adversely on the public sector entity in which the employee is employed.

Example of misconduct—

victimising another public sector employee in the course of the other employee’s employment in the public sector

relevant standard of conduct —

(a)for a public sector employee, means—

(i)a standard of conduct applying to the employee under an approved code of conduct under the Public Sector Ethics Act 1994; or

(ii)a standard of conduct, if any, applying to the employee under an approved standard of practice under the Public Sector Ethics Act 1994; and

(b)for a public sector employee who is an ambulance officer under the Ambulance Service Act 1991, section 13(1)—includes a code of practice under section 41 of that Act; and

(c)for a public sector employee who is a fire service officer under the Fire Services Act 1990—includes a code of practice under section 7B of that Act.

responsible person, for a direction, means a person with authority to give the direction, whether the authority derives from this Act or another law.

92   Meaning of disciplinary action

(1)Disciplinary action is any action relating to employment, including, for example, any of the following actions—

(a)termination of employment;

(b)reduction of classification level and a consequential change of duties;

(c)transfer or redeployment;

(d)forfeiture or deferment of a remuneration increment or increase;

(e)reduction of remuneration level;

(f)imposition of a monetary penalty;

(g)if a penalty is imposed, a direction that the amount of the penalty be deducted from the employee’s periodic remuneration payments;

(h)a reprimand.

(2)However, disciplinary action consisting of a monetary penalty can not be more than the total of 2 of the employee’s periodic remuneration payments.

(3)Also, disciplinary action consisting of an amount directed to be deducted from a particular periodic remuneration payment of an employee—

(a)must not be more than half of the amount payable to or for the employee in relation to the payment; and

(b)must not reduce the amount of salary payable to the employee in relation to the period to less than—

(i)if the employee has a dependant—the Queensland minimum wage for each week of the period; or

(ii)otherwise—two-thirds of the Queensland minimum wage for each week of the period.

(4)In this section—

Queensland minimum wage see the Industrial Relations Act 2016, schedule 5.

Subdivision 2 Disciplinary action against public sector employee

Note—

See section 86.

93   Disciplinary action against public sector employee

(1)In disciplining a public sector employee, the employee’s chief executive may take the disciplinary action, or order the disciplinary action be taken, against the employee that the chief executive considers reasonable in the circumstances.

(2)To remove any doubt, it is declared that disciplinary action mentioned in section 92(1)(c) is not limited or otherwise affected by chapter 4, part 4, division 3.

(3)An order under subsection (1) is binding on anyone affected by it.

94   Disciplinary action if public sector employee changes employment to another public sector entity

(1)This section applies if—

(a)a public sector employee is employed in a public sector entity (the former entity); and

(b)a disciplinary ground arises in relation to the employee; and

(c)after the disciplinary ground arises the employee changes employment from the former entity to another public sector entity (the current entity).

(2)The chief executive of the former entity may—

(a)make a disciplinary finding; or

(b)delegate to the chief executive of the current entity the power under paragraph (a) to make a disciplinary finding.

(3)Also, the chief executive of the current entity is taken to have the power to make a disciplinary finding if—

(a)the former entity no longer exists; or

(b)the former entity no longer has a chief executive; or

(c)the chief executive of the former entity and the chief executive of the current entity are the same person.

(4)If the chief executive of the former entity makes a disciplinary finding under subsection (2)(a), in disciplining the employee, the chief executive of the current entity may take disciplinary action under section 93 against the employee that the chief executive of the former entity agrees is reasonable in the circumstances.

(5)If the chief executive of the current entity makes a disciplinary finding under subsection (2)(b) or (3), in disciplining the employee, the chief executive of the current entity may take disciplinary action under section 93 against the employee.

(6)The chief executive of the former entity may give the chief executive of the current entity information about the employee or a disciplinary ground relating to the employee for the purpose of helping the chief executive of the current entity perform a function or exercise a power under this section.

(7)In this section—

changes employment includes change employment by promotion, transfer, secondment or redeployment.

Subdivision 3 Disciplinary action against former public sector employee

95   Disciplinary declaration if employment as public sector employee ends

(1)This section applies if—

(a)a person is employed in a public sector entity (the former entity); and

(b)a disciplinary ground arises in relation to the person; and

(c)after the disciplinary ground arises the person’s employment as a public sector employee ends for any reason.

(2)However, this section does not apply in relation to a person who is a former public sector employee if the person’s previous chief executive is aware—

(a)the person is a CCC employee; and

(b)the previous chief executive or the chief executive officer of the Crime and Corruption Commission has taken, is taking, or intends to take disciplinary action against the person, under the Crime and Corruption Act 2001, chapter 6, part 1, division 9, in relation to the disciplinary ground.

(3)The former public sector employee’s previous chief executive may make a disciplinary finding or take or continue to take disciplinary action against the former public sector employee in relation to the disciplinary ground.

(1)This section applies if—

(a)before the commencement, a person appealed against a decision under the repealed Act, section 194; and

(b)immediately before the commencement, the appeal had not been decided.

(2)From the commencement, the appeal must be heard and decided under chapter 3, part 10.

Division 8 Miscellaneous

325   Application of transitional provisions in relation to provisions applied to public service offices

(1)This section applies if a provision of the repealed regulation provided that particular provisions of the repealed Act (the applied provisions) applied to a public service office, or person employed in the public service office, as mentioned in section 23 of the repealed Act.

(2)To remove any doubt, it is declared that a provision of this part relating to an applied provision applies in relation to the entity, or person employed in the entity.

326   References to repealed Act

A reference in an Act or a document to the repealed Act may, if the context permits, be taken to be a reference to this Act.

Part 3    Transitional provisions for Brisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment Act 2024

327   Definitions for part

In this part—

current commissioner means the commissioner appointed before the commencement.

former, for a provision of this Act, means the provision as in force immediately before the commencement.

new, for a provision of this Act, means the provision as in force from the commencement.

328   Remuneration and conditions of commissioner

(1)New section 215 applies to a commissioner only if the commissioner is appointed or reappointed after the commencement.

(2)Former section 215 continues to apply to the current commissioner in relation to the term stated in the current commissioner’s original instrument of appointment.

(3)However, in relation to the current commissioner—

(a)the appointment and written contract of employment between the current commissioner and the Minister may not be terminated under former section 215(3); and

(b)the current commissioner may be removed from office only under new section 215(2); and

(c)new section 215(5) applies to the current commissioner.

(4)If the current commissioner is removed from office under new section 215(2), the appointment and written contract of employment between the current commissioner and the Minister is taken to be terminated.

(5)Subsection (3) and (4) apply despite anything in the appointment and written contract of employment between the current commissioner and the Minister, or in the terms and conditions mentioned in former section 215(5).

(6)However, a term of the written contract of employment between the current commissioner and the Minister that enables the current commissioner and the Minister to terminate the contract by mutual agreement continues to apply in relation to the current commissioner.

329   Vacancy in office of commissioner

(1)New section 216(a) applies to a commissioner whether the commissioner is appointed before or after the commencement.

(2)Also, the office of the commissioner held by the current commissioner becomes vacant if the office becomes vacant under the written contract of employment between the current commissioner and the Minister or under the terms and conditions mentioned in former section 215(5).

Part 4    Declaratory and validating provisions for Police Powers and Responsibilities (Making Jack’s Law Permanent) and Other Legislation Amendment Act 2025

Division 1 Preliminary

330   Definitions for part

In this part—

fire commissioner means the commissioner under the Fire Services Act 1990.

fire services department means the department in which the Fire Services Act 1990 is administered.

repealed Act means the repealed Public Service Act 2008.

331    Particular references

In this part—

(a)a reference to the Fire Services Act 1990 is a reference to that Act as in force from time to time; and

(b)a reference to a provision of the repealed Act is a reference to the provision as in force from time to time.

Division 2 Provisions relating to Fire Services Act 1990

332   Particular fire commissioner

(1)This section applies in relation to a person who—

(a)before the commencement, was appointed under the Fire Services Act 1990 as a fire commissioner; and

(b)was, under the repealed Act, section 94, appointed or purportedly appointed by the relevant Minister to act, during the validation period, as the chief executive of the fire services department.

(2)It is declared that, despite the Fire Services Act 1990—

(a)the relevant Minister is taken to have always had the power to appoint the person to act, during the validation period, as the chief executive of the fire services department; and

(b)the person is taken to have been validly appointed under the repealed Act, section 94 to act, during the validation period, as the chief executive of the fire services department.

(3)Anything done or omitted to be done by the person, or another entity, during the validation period is taken to be, and to have always been, as valid and lawful as it would be or would have been had the person been validly appointed under the repealed Act, section 94 to act as the chief executive of the fire services department for that period.

(4)Anything done or omitted to be done by an entity, relying on the validity of a decision made or other thing done by the person or an entity during the validation period, is taken to be, and to have always been, as valid and lawful as it would be or would have been had the person been validly appointed to act as the chief executive of the fire services department under the repealed Act, section 94 when the decision was made or other thing done.

(5)In this section—

relevant Minister means the Minister administering the Fire Services department when the appointment or purported appointment mentioned in subsection (1)(b) was made.

validation period means the period from 1 November 2013 to 30 June 2014, both days inclusive.

333   Particular acting fire commissioners—1 November 2013 to 20 May 2014

(1)This section applies in relation to a person who, during the validation period—

(a)was, under the Fire Services Act 1990, appointed or purportedly appointed by the relevant Minister to act in the office of fire commissioner for a particular period (the acting period); and

(b)was, under the repealed Act, section 94, appointed or purportedly appointed by the relevant Minister to act as the chief executive of the fire services department for the acting period.

(2)It is declared that, despite the Fire Services Act 1990—

(a)the relevant Minister is taken to have always had the power to appoint the person to act in both of the following offices (each a relevant office) for the acting period—

(i)the office of fire commissioner;

(ii)the chief executive of the fire services department; and

(b)the person is taken to have been validly appointed, under the Fire Services Act 1990, to act in the office of fire commissioner for the acting period; and

(c)the person is taken to have been validly appointed under the repealed Act, section 94 to act as the chief executive of the fire services department for the acting period.

(3)Anything done or omitted to be done by the person, or another entity, during the acting period is taken to be, and to have always been, as valid and lawful as it would be or would have been had the person been validly appointed to act in both of the relevant offices for that period.

(4)Anything done or omitted to be done by an entity, relying on the validity of a decision made, or other thing done, by the person or an entity during the acting period, is taken to be, and to have always been, as valid and lawful as it would be or would have been had the person been validly appointed to act in both of the relevant offices when the decision was made or other thing done.

(5)In this section—

relevant Minister, in relation to an appointment or purported appointment, means the Minister administering the fire services department when the appointment or purported appointment was made.

validation period means the period from 1 November 2013 to 20 May 2014, both days inclusive.

334   Particular acting fire commissioners—1 November 2013 to 30 June 2014

(1)This section applies if—

(a)during the validation period, a person was appointed under the Fire Services Act 1990 to act in the office of fire commissioner for a particular period (the acting period); and

(b)no one was appointed, or purportedly appointed, under the repealed Act, section 94 to act as the chief executive of the fire services department for the acting period.

(2)Subsection (3) applies if the person was appointed under the Fire Services Act 1990 to act in the office of fire commissioner before 21 May 2014.

(3)It is declared that, despite the Fire Services Act 1990, the person is taken to have been validly appointed under the repealed Act, section 94 to act as the chief executive of the fire services department for the acting period.

(4)Subsection (5) applies if the person was appointed under the Fire Services Act 1990 to act in the office of fire commissioner on or after 21 May 2014.

(5)It is declared that the person is taken to have been validly appointed under the repealed Act, section 94 to act as the chief executive of the fire services department for the acting period.

(6)Anything done or omitted to be done by the person, or another entity, during the acting period is taken to be, and to have always been, as valid and lawful as it would be or would have been had the person been validly appointed to act as the chief executive of the fire services department under the repealed Act, section 94 for that period.

(7)Anything done or omitted to be done by an entity, relying on the validity of a decision made, or other thing done, by the person or an entity during the acting period, is taken to be, and to have always been, as valid and lawful as it would be or would have been had the person been validly appointed to act as the chief executive of the fire services department under the repealed Act, section 94 when the decision was made or other thing done.

(8)In this section—

validation period means the period from 1 November 2013 to 30 June 2014, both days inclusive.

Division 3 Provisions relating to Police Service Administration Act 1990

335   Particular commissioners under Police Service Administration Act 1990

(1)This section applies in relation to a person who, during the validation period—

(a)was appointed as commissioner of the police service under the Police Service Administration Act 1990, section 4.2; and

(b)was not declared to be the chief executive of the Queensland Police Service under the repealed Act, section 95.

(2)It is declared that the person is taken to have been validly declared under the repealed Act, section 95 to be the chief executive of the Queensland Police Service for the person’s appointment period.

(3)Anything done or omitted to be done by the person, or another entity, during the person’s appointment period is taken to be, and to have always been, as valid and lawful as it would be or would have been had the person been validly declared to be the chief executive of the Queensland Police Service under the repealed Act, section 95 for that period.

(4)Anything done or omitted to be done by an entity, relying on the validity of a decision made, or other thing done, by the person or an entity during the person’s appointment period, is taken to be, and to have always been, as valid and lawful as it would be or would have been had the person been validly declared to be the chief executive of the Queensland Police Service under the repealed Act, section 95 when the decision was made or other thing done.

(5)In this section—

appointment period, in relation to a person, means the period, during the validation period, the person held office as the commissioner of the police service under the Police Service Administration Act 1990.

validation period means the period from 1 November 2012 to 28 February 2023, both days inclusive.

336   Particular acting commissioners under Police Service Administration Act 1990

(1)This section applies if—

(a)during the validation period, a person was appointed to act as commissioner of the police service under the Police Service Administration Act 1990, section 4.11 for a particular period (the acting period); and

(b)no one was appointed, under the repealed Act, section 94 to act as the chief executive of the Queensland Police Service for the acting period.

(2)It is declared that the person is taken to have been validly appointed under the repealed Act, section 94 to act as the chief executive of the Queensland Police Service for the acting period.

(3)Anything done or omitted to be done by the person, or another entity, during the acting period is taken to be, and to have always been, as valid and lawful as it would be or would have been had the person been validly appointed to act as the chief executive of the Queensland Police Service under the repealed Act, section 94 for that period.

(4)Anything done or omitted to be done by an entity, relying on the validity of a decision made, or other thing done, by the person or an entity during the acting period, is taken to be, and to have always been, as valid and lawful as it would be or would have been had the person been validly appointed to act as the chief executive of the Queensland Police Service under the repealed Act, section 94 when the decision was made or other thing done.

(5)In this section—

validation period means the period from 1 November 2012 to 28 February 2023, both days inclusive.

Schedule 1 Public service entities under section 9(b)

section 9(b)

Public service entity	Head
Building and Construction Industry (Portable Long Service Leave) Authority under the Building and Construction Industry (Portable Long Service Leave) Act 1991	general manager
Coexistence Queensland under the Coexistence Queensland Act 2013	chief executive officer under the Coexistence Queensland Act 2013
EDQ employing office under the Economic Development Act 2012	executive officer of the EDQ employing office under the Economic Development Act 2012
Electoral Commission of Queensland under the Electoral Act 1992	electoral commissioner
Family Responsibilities Commission Registry under the Family Responsibilities Commission Act 2008	commissioner under the Family Responsibilities Commission Act 2008
Gold Coast Waterways Authority under the Gold Coast Waterways Authority Act 2012	chief executive officer under the Gold Coast Waterways Authority Act 2012
Health and Wellbeing Queensland under the Health and Wellbeing Queensland Act 2019	chief executive officer under the Health and Wellbeing Queensland Act 2019
Industrial Registry under the Industrial Relations Act 2016	registrar
integrity office	integrity commissioner
Land Tribunal under the Aboriginal Land Act 1991	chairperson of the tribunal
Mental Health Review Tribunal under the Mental Health Act 2016	president of the tribunal
Office of the Commissioner under the Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020	commissioner under the Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020
Office of the Director of Child Protection Litigation under the Director of Child Protection Litigation Act 2016	Director of Child Protection Litigation
Office of the Energy and Water Ombudsman under the Energy and Water Ombudsman Act 2006	energy and water ombudsman
Office of the Health Ombudsman under the Health Ombudsman Act 2013	health ombudsman
Office of the Independent Assessor under the Local Government Act 2009	Independent Assessor
Office of the Information Commissioner	information commissioner
Office of the Inspector-General of Emergency Management under the Disaster Management Act 2003	Inspector-General of Emergency Management
Office of the Land Access Ombudsman under the Land Access Ombudsman Act 2017	land access ombudsman
Office of the public guardian under the Public Guardian Act 2014	public guardian
Office of the Queensland College of Teachers under the Education (Queensland College of Teachers) Act 2005	director of the office
Office of the Queensland Parliamentary Counsel under the Legislative Standards Act 1992	parliamentary counsel
Office of the training ombudsman under the Further Education and Training Act 2014	training ombudsman
Office of the Victims’ Commissioner under the Victims’ Commissioner and Sexual Violence Review Board Act 2024	victims’ commissioner
Office of the WHS Prosecutor under the Work Health and Safety Act 2011	Work Health and Safety Prosecutor
Public Sector Commission	Public Sector Commissioner
Public Trust Office under the Public Trustee Act 1978	public trustee
Queensland Academy of Sport under the Queensland Academy of Sport Act 2025	chief executive officer under the Queensland Academy of Sport Act 2025
Queensland Curriculum and Assessment Authority under the Education (Queensland Curriculum and Assessment Authority) Act 2014	chief executive officer
Queensland Family and Child Commission under the Family and Child Commission Act 2014	principal commissioner under the Family and Child Commission Act 2014
Queensland Human Rights Commission under the Anti-Discrimination Act 1991	Human Rights Commissioner
Queensland Mental Health Commission under the Queensland Mental Health Commission Act 2013	Mental Health Commissioner
Queensland Pharmacy Business Ownership Council under the Pharmacy Business Ownership Act 2024	chief executive officer under the Pharmacy Business Ownership Act 2024
Queensland Racing Integrity Commission under the Racing Integrity Act 2016	Racing Integrity Commissioner
Queensland Reconstruction Authority under the Queensland Reconstruction Authority Act 2011	chief executive officer
Resources Safety and Health Queensland employing office under the Resources Safety and Health Queensland Act 2020	executive officer of the Resources Safety and Health Queensland employing office under the Resources Safety and Health Queensland Act 2020

Schedule 2 Dictionary

section 6

approved form see section 286.

approved leave means leave approved under an Act or industrial instrument.

audit office ...

auditor-general ...

casual employee means—

(a)a person employed on a casual basis under section 149(2)(c); or

(b)a person employed under section 151.

CCC employee means—

(a)a senior executive officer employed under the Crime and Corruption Act 2001, section 245; or

(b)a person employed under the Crime and Corruption Act 2001, section 254 or seconded under the Crime and Corruption Act 2001, section 255; or

(c)a person engaged under the Crime and Corruption Act 2001, section 256.

chapter 2 special commissioner, for chapter 2, see section 25.

chief executive—

(a)in relation to a public sector entity, generally—see section 16; and

(b)of a public sector employee—see section 17; and

(c)of a prescribed entity, for chapter 2—see section 25.

child-related duty see section 57.

commission see section 204.

commissioner see section 212(1).

community representative means a person appointed under section 242.

confidential information, for chapter 8, part 3, see section 277.

continuously employed, for chapter 3, part 9, division 1, see section 111.

contract for a fixed term means a contract that ends on a stated day, whether or not the contract also provides for its termination by a party giving to the other party a particular period of notice of termination.

conversion decision, for chapter 3, part 10, see section 129.

council see section 240.

criminal history see the Criminal Law (Rehabilitation of Offenders) Act 1986, section 3.

cultural capability, for chapter 1, part 3, see section 20.

culture of respect and inclusion, for chapter 2, in relation to a prescribed entity’s workplace, see section 32.

department see section 10.

deputy integrity commissioner means the Queensland Deputy Integrity Commissioner under the Integrity Act 2009.

directive means a directive made under section 222 or 223.

directive decision, for chapter 3, part 10, see section 129.

disciplinary action see section 92.

disciplinary decision, for chapter 3, part 10, see section 129.

disciplinary declaration—

(a)for a disciplinary declaration made under a public sector disciplinary law, means—

(i)a disciplinary declaration made under—

(A)section 95(7); or

(B)the Police Service Administration Act 1990, section 7A.2(2); or

(C)the repealed Misconduct Tribunals Act 1997 or the QCAT Act; or

(D)the Crime and Corruption Act 2001, section 273D; or

(ii)a declaration under another public sector disciplinary law that states the disciplinary action that would have been taken against the person if the person’s employment had not ended; or

(b)otherwise, means a disciplinary declaration made under section 95(7).

disciplinary finding see section 90.

disciplinary ground see section 90.

disciplinary law means—

(a)this Act; or

(b)a disciplinary provision of an industrial instrument; or

(c)for a public sector employee mentioned in section 12(1)(b)—another Act or law under which the employee may be disciplined; or

(d)another Act or law prescribed by regulation.

disclose—

(a)for chapter 6, part 8, see section 252; or

(b)for chapter 8, part 3, see section 277.

disqualified person means a person who—

(a)holds office as any of the following—

(i)the Queensland Auditor-General under the Auditor-General Act 2009;

(ii)the ombudsman;

(iii)the integrity commissioner;

(iv)any commission officer under the Crime and Corruption Act 2001;

(v)the information commissioner under the Right to Information Act 2009;

(vi)the RTI commissioner under the Right to Information Act 2009;

(vii)the privacy commissioner under the Information Privacy Act 2009; or

(b)has a conviction, other than a spent conviction, for an indictable offence; or

(c)is an insolvent under administration; or

(d)is disqualified from managing corporations because of the Corporations Act, part 2D.6.

diversity target group see section 25.

employ, a person as a public sector employee—

(a)generally—includes—

(i)for a public sector employee—appoint the employee; and

(ii)for a public service officer—promote, transfer or redeploy the officer; and

(b)for chapter 3, part 3, see section 42.

employee, for chapter 2, see section 25.

employee organisation see the Industrial Relations Act 2016, schedule 5.

engage, a person as a public sector employee, for chapter 3, part 5, see section 48.

equity and diversity audit, for chapter 2, see section 29(1).

equity and diversity plan, for chapter 2, see section 28(1).

equity and diversity report, for chapter 2, see section 29(3).

excluded matter, for chapter 3, part 10, division 4, see section 140(1).

fair treatment decision, for chapter 3, part 10, see section 129.

fixed term temporary employee means—

(a)a person employed on a temporary basis for a fixed term under section 149(2)(b); or

(b)a person employed under section 150.

former public sector employee means a public sector employee whose employment ends for any reason after a disciplinary ground arises.

function, for chapter 8, part 4, see section 280.

general employee see section 149(1).

government entity see section 276.

head, of a public service entity mentioned in section 9(b), means the head of the entity mentioned in schedule 1.

higher classification level means a classification level that is a higher classification level under a directive.

industrial instrument see the Industrial Relations Act 2016, schedule 5.

industrial relations Minister means the Minister administering the Industrial Relations Act 2016.

integrity commissioner means the Queensland Integrity Commissioner under the Integrity Act 2009.

integrity office means the Office of the Queensland Integrity Commissioner under the Integrity Act 2009.

IRC means the industrial relations commission under the Industrial Relations Act 2016.

lower classification level means a classification level that is a lower classification level under a directive.

member, of the council, see section 241.

Minister, of a chief executive of a department—

(a)for chapter 5, part 2, division 3, see section 176; or

(b)for chapter 5, part 2, division 4, see section 180.

mobility arrangement see section 82.

negative notice, for chapter 3, part 5, division 3, see section 56.

non-industrial instrument employee means a person who works as a public sector employee other than under an industrial instrument.

non-permanent basis, in relation to employment, means a basis other than permanent, including, for example, casual or temporary.

normal remuneration, for a public sector employee, means all of the remuneration and other entitlements, other than overtime, to which the employee is or would be entitled, worked out on the basis of—

(a)the ordinary working hours worked by the employee; and

(b)the amounts payable to the employee for the ordinary working hours worked by the employee, including, for example, allowances, loadings and penalties; and

(c)any other amounts payable under the employee’s employment contract.

notice means written notice.

overall employment conditions means remuneration and conditions of employment.

permanent basis, in relation to employment, includes employment on tenure.

personal information see the Information Privacy Act 2009, section 12.

police commissioner ...

police service means the Queensland Police Service under the Police Service Administration Act 1990.

positive performance management principles see section 85(1).

prescribed duty, for chapter 3, part 5, division 4, see section 63.

prescribed entity—

(a)for chapter 1, part 3, division 3, see section 22; or

(b)for chapter 2, see section 25.

prescribed person, for chapter 7, part 1, see section 268(1) and (2).

promote, a public sector employee, means employ the employee at a higher classification level, whether or not on different duties, other than temporarily.

promotion decision, for chapter 3, part 10, see section 129.

protected information, for chapter 8, part 3, see section 277.

public sector see section 7.

public sector disciplinary law means—

(a)this Act or any repealed Act regulating the public service; or

(b)the Police Service Administration Act 1990 or any repealed Act regulating police; or

(c)the repealed Misconduct Tribunals Act 1997 or the QCAT Act; or

(d)the Crime and Corruption Act 2001; or

(e)a disciplinary provision of an industrial instrument; or

(f)for a public sector employee mentioned in section 12(1)(b)—another Act or law under which the employee may be disciplined; or

(g)another Act or law prescribed by regulation.

public sector employee—

(a)generally—see section 12; and

(b)for chapter 3, part 9, division 3, see section 122.

public sector entity—

(a)generally—see section 8; and

(b)for chapter 6, part 8, see section 252.

public sector executive means a public sector employee mentioned in section 12(1)(b) whose remuneration is at least the remuneration of a senior officer and who is a non-industrial instrument employee.

public sector manager means a public sector employee whose duties involve or include managing other public sector employees in the carrying out of their duties.

public sector principles see section 39.

public sector review see section 253.

public service see section 11.

public service employee see section 13.

public service entity see section 9.

public service officer see section 14.

redeploy, a public sector employee, means employ the employee at a lower classification level, whether or not on different duties or at a different location, other than temporarily.

referring entity, for a public sector review, for chapter 6, part 8, see section 254(1).

reframing entity, for chapter 1, part 3, see section 20.

registered teacher, for chapter 3, part 5, division 3, see section 56.

regulated employment see the Working with Children (Risk Management and Screening) Act 2000, section 156.

relevant duty see section 50.

remuneration includes salary.

reviewing entity see section 252.

same classification level means a classification level that is the same classification level under a directive.

second—

(a)a public sector employee, means temporarily employ the employee—

(i)on different duties at the same classification level; or

(ii)at a higher classification level or lower classification level; and

(b)a public sector employee, for chapter 3, part 9, division 2, see section 118.

senior executive means a person employed under section 188 as a senior executive.

senior officer means a person employed under section 152 as a senior officer.

serious disciplinary action see section 70.

service with the State, for chapter 7, part 2, see section 271.

special commissioner means a person appointed under section 230.

spent conviction ...

staff member, of the commission, means a person employed by the commissioner as mentioned in section 209.

suitability directive, for chapter 3, part 5, see section 48.

suspension without pay decision, for chapter 3, part 10, see section 129.

take, disciplinary action, for chapter 3, part 8, division 3, see section 90.

temporarily means for a period limited by time, whether or not the time has been fixed.

the State, for chapter 7, part 2, see section 271.

transfer, a public sector employee, means employ the employee at the same classification level, on different duties or at a different location, other than temporarily.

transfer decision, for chapter 3, part 10, see section 129.

unlawful discrimination, for chapter 2, see section 25.

working with children authority, for chapter 3, part 5, see section 48.

work performance and personal conduct principles see section 40.

work performance direction decision, for chapter 3, part 10, see section 129.

work performance information directive, for chapter 3, part 9, division 3, see section 122.

work performance matter, for chapter 3, part 9, division 3, see section 122.