Public Service Act 2008 (Qld)

Public Service Act 2008

An Act about the administration of the public service and the management and employment of public service employees, and to provide for matters concerning particular agencies, and for other persons involved, in the public sector

Chapter 1    Introduction

Part 1    Preliminary

1   Short title

This Act may be cited as the Public Service Act 2008.

2   Commencement

This Act commences on a day to be fixed by proclamation.

3   Main purposes of Act and their achievement

(1)The main purposes of this Act are to—

(a)establish a high performing apolitical public service that is—

(i)responsive to Government priorities; and

(ii)focused on the delivery of services in a professional and non-partisan way; and

(b)promote the effectiveness and efficiency of government entities; and

(c)provide for the administration of the public service and the employment and management of public service employees; and

(d)provide for the rights and obligations of public service employees; and

(e)promote equality of employment opportunity in the public service and in other particular agencies in the public sector.

(2)To help achieve the main purposes, this Act—

(a)fixes principles to guide public service management, public service employment and the work performance and personal conduct of public service employees; and

(b)establishes a Public Service Commission to—

(i)enhance the public service’s human resource management and capability; and

(ii)review and improve the overall effectiveness and efficiency of government entities; and

(c)establishes a chief executive service and a senior executive service to provide the public service with high performing leaders who will actively promote the purposes and the principles.

4   Dictionary

The dictionary in schedule 4 defines particular words used in this Act.

Part 2    The Queensland Public Service

Division 1 Basic concepts

5   The public service

The Queensland Public Service consists of the persons who are employed under this Act, called public service employees.

6   Employment of public service employees

Public service employees are employed in departments or public service offices.

7   What are departments

A department is an entity declared under division 2 to be a department of government.

Note—

For public services offices, see section 21.

8   Who is a public service officer

A person is a public service officer if the person is employed under this Act as—

(a)a chief executive; or

(b)a senior executive; or

(c)an officer of another type.

Note—

For the appointment of public service officers, see sections 92, 110 and 119.

9   Public service employees

(1)A person is a public service employee if the person is employed under this Act as—

(a)a public service officer; or

(b)a general employee; or

(c)a fixed term temporary employee; or

(d)a casual employee.

(2)Public service employees are employees for the Industrial Relations Act 2016.

(3)Subsection (2) is subject to section 217.

Note—

Section 217 excludes particular matters from the concept of industrial matter.

10   Who is a chief executive

(1)A chief executive, in relation to a department, is the person who holds appointment under this Act as the chief executive of that department.

Notes—

1For public service offices, see sections 22 and 23.

2Under section 104, the chief executive of a chief executive is the Minister.

(2)The chief executive, of a person who is a public service employee, is the chief executive of the department in which the person holds appointment as a public service employee.

(3)Otherwise, a reference to a chief executive is a reference to the chief executive of a department.

11   Relationship between chief executives and their public service employees

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

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

Note—

For particular provisions about a chief executive’s functions, see chapter 4, part 1, division 3.

12   Application of Act to various types of employees etc.

(1)This Act mainly applies to public service officers.

(2)However, some provisions of this Act expressly apply to all public service employees.

(3)Also, a provision of this Act may expressly apply to, or may, by directive, be applied to a general, fixed term temporary or casual employee.

Notes—

1However, for employees of a public service office declared by regulation under section 21, see section 23.

2For the directive-making power, see section 55.

(4)Also, chapters 6 and 7 have provisions relating to the discipline of former public service employees.

13   Act does not apply to particular offices and employment

(1)This Act does not apply to an office if—

(a)appointments to the office are made by the Governor alone; or

(b)the salary for the office is provided for under the Judicial Remuneration Act 2007, the District Court of Queensland Act 1967 or the Magistrates Act 1991; or

(c)the office is a particular office established by an Act that expressly provides for the appointment of the holder of an office mentioned in paragraph (b); or

(d)the office is honorary.

(2)In addition, this Act does not apply to the employment of a person as associate to a Supreme Court judge, District Court judge or commissioner under the Industrial Relations Act 2016.

(3)Subsection (1) does not prevent the holder of an office mentioned in it from having or exercising powers under this Act.

(4)This section does not limit the application of chapter 1, part 3, division 3.

Division 2 Departments of government

14   Declaration of departments

(1)The departments of government are the entities declared to be departments of government by the Governor in Council by gazette notice.

(2)A department of government includes the entities declared to be part of the department by the Governor in Council by gazette notice.

15   Establishment of departments etc.

The Governor in Council may, by gazette notice—

(a)establish a department or another government entity; or

(b)amalgamate government entities; or

(c)add a government entity to a department or another government entity; or

(d)divide a department or another government entity; or

(e)name or rename a department or another government entity; or

(f)abolish a department or another government entity.

16   Declaration of functions of departments etc.

The Governor in Council may, by gazette notice, declare the functions that—

(a)are to be the functions of a department or another government entity; or

(b)are included or not included in the functions of a department or another government entity.

17   Giving functions to departments etc.

The Governor in Council may, by gazette notice—

(a)give a function to a department or another government entity; or

(b)change or discontinue a function given to a department or another government entity; or

(c)transfer a function given to a department or another government entity to a different government entity.

18   Other powers

(1)The Governor in Council may, by gazette notice or regulation, prescribe anything necessary or convenient to be prescribed—

(a)to enable the making of a division 2 gazette notice; or

(b)for carrying out or giving effect to a division 2 gazette notice; or

(c)because of the making of a division 2 gazette notice.

(2)The Governor in Council may do anything else the Governor in Council considers necessary or convenient to be done—

(a)to enable the making of a division 2 gazette notice; or

(b)to carry out or give effect to a division 2 gazette notice; or

(c)because of the making of a division 2 gazette notice.

Example of action to carry out or give effect to a division 2 gazette notice—

transferring public service employees from a department to another department

(3)In this section—

division 2 gazette notice means a gazette notice made or to be made under this division.

19   Provision for public service employees and amalgamations

(1)This section applies if a department (the first department) or a part of the first department is amalgamated with another department or a part of another department.

(2)All public service employees of the first department, or the part of the first department, become public service employees of the other department or the part of the other department, unless the Governor in Council decides otherwise.

(3)This section does not limit or otherwise affect section 18.

20   Existence of separate government entities not affected

(1)This section applies if another Act establishes a particular government entity as a separate entity or regulates the existence of an entity as a government entity.

(2)To remove any doubt, it is declared that a gazette notice under this division does not have any effect on the government entity’s separate existence.

Division 3 Public service offices

21   Public service offices and their heads

(1)A public service office is—

(a)an entity that schedule 1 states is a public service office; or

(b)subject to section 23, another designated entity, or part of a designated entity, declared under a regulation to be a public service office.

(2)The head of each public service office is—

(a)for a public service office stated in schedule 1—the person stated opposite its name; or

(b)otherwise—the person declared under a regulation to be the head of the office.

(3)In this section—

designated entity means an entity, or part of an entity, mentioned in section 24(1)(c), (d), (e) or (f) that is not an entity mentioned in section 24(2).

22   General provision for application of Acts to public service offices

(1)This section applies subject to section 23 and any regulation made under it.

(2)This Act and other Acts apply to a public service office mentioned in section 21(1)(a) and its public service employees as if—

(a)the office were a department; and

(b)the head of the office were the department’s chief executive.

(3)Without limiting subsection (2), the head of the public service office has, for the office’s public service employees, all of a chief executive’s functions and powers.

(4)This section does not affect—

(a)the provisions about accountable officers under the Financial Accountability Act 2009, section 65; or

(b)the meaning of department under section 8 of that Act.

23   Application of Act to public service offices declared under a regulation

(1)This section applies only to a public service office declared under section 21(1)(b).

(2)A provision of a regulation (an application provision) may provide—

(a)that particular provisions of this Act (the applied provisions) are to apply to—

(i)the public service office; or

(ii)persons, other than public service employees, who are employed in the office; and

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

(4)If an application provision is made for the public service office—

(a)this Act applies, and only applies, to the following to the extent provided for under the provision—

(i)the public service office;

(ii)persons, other than public service employees, who are employed in the office; and

(b)this Act applies as mentioned in paragraph (a) with necessary changes; and

(c)the public service office is a public service office only for this Act as provided under this section and not for the purposes of any other Act.

(5)A regulation may prescribe anything necessary or convenient to be prescribed for an application provision—

(a)to enable the provision to be made; or

(b)to carry out or give effect to the provision; or

(c)because of the making of the provision, including the portability of employment rights and entitlements.

Division 4 Government entities

24   What is a government entity

(1)An entity is a government entity if it is—

(a)a department or part of a department; or

(b)a public service office or part of a public service office; or

(c)an agency, authority, commission, corporation, instrumentality, office, or other entity, established under an Act or under State authorisation for a public or State purpose; or

(d)a part of an entity mentioned in paragraph (c); or

(e)another entity, or part of another entity, declared under a regulation to be a government entity; or

(f)a registry or other administrative office of a court of the State of any jurisdiction.

(2)However, each of the following entities is not a government entity—

(a)a local government;

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

(c)the parliamentary service;

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

(e)the Executive Council;

(f)the Legislative Assembly;

(g)a court of the State of any jurisdiction;

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

(i)a school council established under the Education (General Provisions) Act 2006 or a university established under an Act;

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

(k)a government owned corporation, unless a regulation declares it to be a government entity;

(l)another entity, or part of another entity, declared under a regulation not to be a government entity.

Part 3    General public service principles

Division 1 Management and employment

25   The management and employment principles

(1)Public service management is to be directed towards—

(a)providing responsive, effective and efficient services to the community and the Government; and

(b)maintaining impartiality and integrity in informing, advising and assisting the Government; and

(c)promoting collaboration between Government and non-government sectors in providing services to the community; and

(d)continuously improving public service administration, performance management and service delivery; and

(e)managing public resources efficiently, responsibly and in a fully accountable way; and

(f)promoting the Government as an employer of choice; and

(g)promoting equality of employment opportunity.

(2)Public service employment is to be directed towards promoting—

(a)best practice human resource management, including through the application of positive performance management principles; and

(b)equitable and flexible working environments in which all public service employees are—

(i)treated fairly and reasonably; and

(ii)remunerated at rates appropriate to their responsibilities; and

(c)a diverse and highly skilled workforce drawing from Government and non-government sectors; and

(d)employment on tenure as the default basis of employment for employees in the public service, other than for non-industrial instrument employees.

(3)Subsections (1) and (2) are the management and employment principles.

25A    Positive performance management principles

(1)For best practice human resource management and in recognition that public service employees are selected on merit under the merit principle, the management of public service employees must be directed towards the following—

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

(b)ensuring regular and constructive communication between public service managers and employees in relation to the matters stated in section 26;

(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 principles mentioned in subsection (1) are the positive performance management principles.

(3)The commission chief executive must make a directive about how the positive performance management principles are to be applied.

Division 2 Work performance and personal conduct

26   Work performance and personal conduct principles

(1)In recognition that public service employment involves a public trust, a public service employee’s work performance and personal conduct must be directed towards—

(a)achieving excellence in service delivery; and

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

(c)giving effect to Government policies and priorities; and

(d)collaborating with other departments with a focus on public service-wide priorities as well as department-specific priorities; and

(e)providing sound and impartial advice to the Government; and

(f)continuous improvement in relation to the employee’s work performance, including through training and development; and

(g)carrying out duties impartially and with integrity; and

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

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

(j)observing all laws relevant to the employment; and

(k)ensuring the employee’s personal conduct does not reflect adversely on the reputation of the public service; and

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

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

(2)Also, a public service manager must take all reasonable steps to ensure each public service employee under the manager’s management is aware of the following—

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

(b)the values of the public service and of the department or public service office in which the employee is employed;

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

(3)Further, a public service manager must—

(a)pro-actively manage the work performance and personal conduct of public service employees under the manager’s management; and

(b)if a case of unacceptable work performance or personal conduct arises, take prompt and appropriate action to address the matter.

(4)In this section—

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

Division 3 Supporting principles under divisions 1 and 2

26A   Main purpose of div 3

The main purpose of this division is to support—

(a)the management and employment principles; and

(b)the principles mentioned in section 26.

26B   Application of div 3

(1)This division applies to each of the following—

(a)a public service employee;

(b)a ministerial staff member within the meaning of the Ministerial and Other Office Holder Staff Act 2010;

(c)a person mentioned in section 13(2);

(d)a person appointed under an Act (other than this Act) if the appointment involves the person acting for or representing the State;

(e)a person who is not a public service employee but who is a member or employee of a government entity that represents the State;

(f)a person (other than a public service employee) to whom a function or power of a person mentioned in paragraph (a), (d) or (e) is delegated under an Act;

(g)another person prescribed by regulation as a State employee.

(2)Also, this division applies to a person who was a person of the type mentioned in subsection (1) at the time the person engaged in conduct in an official capacity.

(3)Despite subsections (1) and (2), this division does not apply to the following—

(a)a person who is the holder of an office mentioned in section 13(1);

(b)a person to whom the Police Service Administration Act 1990, section 10.5 applies;

(c)a person employed in or appointed by—

(i)a GOC; or

(ii)a subsidiary of a GOC under the Corporations Act; or

(iii)a government entity within the meaning of the Government Owned Corporations Act 1993 declared by regulation under that Act to be a subsidiary of a GOC; or

(iv)a government company within the meaning of the Government Owned Corporations Act 1993, section 2;

(d)another person prescribed by regulation as a person who is not a State employee, including a person to whom this division would otherwise apply because of subsection (1)(d), (e) or (f).

(4)A person to whom this division applies is a State employee.

26C   Civil liability of State employee for engaging in conduct in official capacity

(1)A State employee does not incur civil liability for engaging, or for the result of engaging, in conduct in an official capacity.

(2)If subsection (1) prevents liability attaching to a State employee, the liability attaches instead as follows—

(a)if paragraph (b) does not apply—to the State;

(b)if, at the time the State employee engaged in the conduct, the person did so as a member of a body corporate or the governing body of a body corporate, or as a person who was employed by, appointed by or a delegate of, a body corporate—the body corporate.

(3)If liability attaches to the State under subsection (2)(a), the State may recover contribution from the State employee but only if the conduct was engaged in—

(a)other than in good faith; and

(b)with gross negligence.

(4)If liability attaches to a body corporate under subsection (2)(b), the body corporate may recover contribution from the State employee but only if the conduct was engaged in—

(a)other than in good faith; and

(b)with gross negligence.

(5)In a proceeding under subsection (3) or (4) to recover contribution, the amount of contribution recoverable is the amount found by the court to be just and equitable in the circumstances.

(6)In this section—

civil liability, of a State employee for engaging, or for the result of engaging, in conduct in an official capacity, means liability of any type for the payment of an amount by the State employee because of—

(a)a claim based in tort, contract or another form of action in relation to the conduct or result, including, for example, breach of statutory duty or defamation and, for a fatal injury, includes a claim for the deceased’s dependants or estate; or

(b)a complaint made under a law that provides a person may complain about the conduct or result to an entity established under the law, other than a complaint to start criminal proceedings, including, for example, a complaint under the Justices Act 1886; or

(c)an order of a court to pay costs relating to a proceeding for an offence against a law in relation to the conduct or result, unless the proceeding was for an offence by the State employee.

Examples of types of liability—

•a liability because of an agreement or an order under the Anti-Discrimination Act 1991 or the Australian Human Rights Commission Act 1986 (Cwlth) requiring payment of an amount to a complainant (however described) under the Act

•a liability because of an obligation under an agreement to settle a proceeding, or an order of a court or tribunal, to do something that involves paying an amount, including an obligation to rectify damage to a building or to publish an apology in a newspaper

conduct means an act or an omission to perform an act.

engage in conduct in an official capacity means engage in conduct as part of, or otherwise in connection with, a person’s role as a State employee, including, for example, engaging in conduct under or purportedly under an Act.

Example of a State employee engaging in conduct in an official capacity—

A State employee makes a decision in relation to an application for a licence.

State employee see section 26B(4).

Part 4    The merit principle

27   The merit principle

(1)The selection, under this Act, of an eligible person for an appointment or secondment as a public service employee must be based on merit alone (the merit principle).

(2)The merit principle applies subject to chapter 5, part 2, division 2.

Editor’s note—

chapter 5, part 2, division 2 (Reappointment of particular election candidates)

(3)In this section—

appointment does not include a transfer.

28   Merit criteria

In applying the merit principle to a person, the following must be taken into account—

(a)the extent to which the person has abilities, aptitude, skills, qualifications, knowledge, experience and personal qualities relevant to the carrying out of the duties in question;

(b)if relevant—

(i)the way in which the person carried out any previous employment or occupational duties; and

(ii)the extent to which the person has potential for development.

29   Directives about applying the merit principle

(1)A directive of the commission chief executive may provide for how selection, under the merit principle, for a stated type of appointment or secondment must be carried out.

(2)A selection for an appointment or secondment must comply with any relevant directive under subsection (1).

Chapter 2    Equality of employment opportunity

30   General EEO obligation

(1)Each of the following entities (a relevant EEO agency) must act to promote EEO for employment matters that concern it—

(a)a government entity;

(b)the police service;

(c)an entity that another Act provides is a relevant EEO agency;

(d)an entity prescribed under a regulation.

(2)Without limiting subsection (1), each relevant EEO agency must act to—

(a)enable members of the EEO target groups to do the following as effectively as people who are not members of those groups—

(i)compete for recruitment, selection, promotion and transfer;

(ii)pursue careers; and

(b)eliminate unlawful discrimination about employment matters by the agency or its employees against members of the EEO target groups.

(3)To remove any doubt, it is declared that this section, does not require the taking of action incompatible with the merit principle.

(4)In this section—

EEO target groups means all of the following groups—

(a)people of the Aboriginal race of Australia or people who are descendants of the indigenous inhabitants of the Torres Strait Islands;

(b)people who have migrated to Australia and whose first language is a language other than English, and the children of those people;

(c)people with a physical, sensory, intellectual or psychiatric disability, whether the disability presently exists or previously existed but no longer exists;

(d)women, irrespective of age;

(e)a group of people prescribed under a regulation.

employees means individuals appointed or engaged—

(a)under a contract of service, whether on a full-time, part-time, permanent, casual or temporary basis; or

(b)under a statutory appointment.

employment matters means—

(a)recruitment procedure, and selection criteria, for appointment or engagement of people as employees; or

(b)promotion, transfer or redeployment of employees; or

(c)training and staff development for employees; or

(d)terms and conditions of service and separation of employees; or

(e)any other matter relating to the employment of employees.

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

31   Annual EEO reporting requirement

(1)Each relevant EEO agency must, for each financial year, give the commission chief executive a report about the outcome of its actions required with section 30 during the financial year.

(2)The report must be given within 3 months after the end the financial year.

(3)The report may be included in other documents the relevant EEO agency gives the commission chief executive.

32   Exemption from reporting requirement

(1)If a relevant EEO agency asks, the commission chief executive may grant the agency an exemption from the operation of section 31.

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

(3)The commission chief executive may cancel all or part of the exemption.

(4)The exemption or cancellation must be written.

33   Commission chief executive may take action if dissatisfied with report

(1)This section applies if the commission chief executive is dissatisfied with any matter relating to a report under section 31.

(2)The commission chief executive may recommend to the relevant EEO agency’s chief executive the taking of action to overcome that dissatisfaction.

34   Compliance with recommendation

If a relevant EEO agency is given a recommendation under section 33, its chief executive must—

(a)ensure the action recommended to be taken; or

(b)give the Minister administering the Act relevant to the agency and the commission chief executive a notice stating the reasons why the action can not be taken.

Chapter 3    Administration

Part 1    The Minister’s role

Division 1 General provisions

35   Meaning of public service office for pt 1

In this part, public service office—

(a)includes—

(i)a department or part of a department; and

(ii)the police service; but

(b)does not include—

(i)the integrity commissioner; or

(ii)the office of the information commissioner; or

(iii)the audit office.

36   Minister’s role for the public service and public service offices

(1)The Minister has the following functions—

(a)to promote the overall effectiveness and efficiency of the public service;

(b)to assess the appropriateness, effectiveness and efficiency of public service management, and in particular, departments or parts of departments;

(c)to advise departmental Ministers about steps that should be taken to improve the public service’s effectiveness and efficiency;

(d)to authorise reviews of activities or functions of public service offices;

(e)to refer to the commission for review matters relating to the effectiveness or efficiency of public service offices;

(f)to monitor the performance of the commission’s functions.

(2)Subsection (1) does not limit or otherwise affect the Minister’s other functions or require the Minister to carry out any particular action.

Division 2 Obtaining reports

Subdivision 1 Commission reports

37   Report on effectiveness and efficiency

(1)The Minister may, by signed notice, refer to the commission any matter relating to the effectiveness or efficiency of a public service office for the commission to review and report to the Minister about (a commission review).

(2)The reference may be for a single commission review for 2 or more public service offices.

(3)Each chief executive or head of a public service office the subject of the reference must give the commission the help it reasonably requires to conduct the review.

(4)The Minister must table the report in the Legislative Assembly.

Note—

For particular provisions about commission reviews, see part 4.

38   Matters that may be included in referral

To ensure a commission review is conducted appropriately, the Minister may, when referring a matter to the commission, do all or any of the following—

(a)ask it to consider and advise whether the review is warranted;

(b)give terms of reference for the review;

(c)state the entities with whom it must consult for the review;

(d)state a period within which it must give its report;

(e)ask it to give a draft report to the Minister, another Minister, a chief executive, public service office head or another stated entity for comment before finalising the review;

(f)ask it to make recommendations about a stated matter.

Subdivision 2 Other reports

39   Chief executive report on management and employment principles

(1)The Minister may require the chief executive of a department to give the Minister a report about particular aspects of the department’s application of the management and employment principles.

(2)The report must be given to the Minister within the time the Minister requires.

(3)To help the Minister to decide whether to require reports under subsection (1), the commission may, of its own initiative, give the Minister advice about the application of the management and employment principles.

40   [Repealed]

41   [Repealed]

Division 3 Miscellaneous provision

42   Minister may direct action about surplus public service employees

(1)This section applies if the Minister is satisfied more public service employees are employed in a department than it needs for the effective, efficient and appropriate performance of its functions.

(2)The Minister may direct the department’s chief executive to take action in accordance with relevant rulings of the commission chief executive.

Part 1A    Special commissioner

42A   Functions

The main functions of the special commissioner are to—

(a)provide advice to the Minister about areas of public administration relating to a main purpose of this Act; and

Examples of areas of public administration for paragraph (a)—

addressing gender pay equity, promoting a diverse workforce

(b)promote the effectiveness and efficiency of government entities by facilitating the development and implementation of whole of government policies; and

(c)conduct administrative inquiries as requested by the Minister under part 7.

42B   Appointment of special commissioner

(1)The Governor in Council may, on the recommendation of the Minister, appoint an appropriately qualified person as the special commissioner.

(2)A disqualified person can not be appointed.

(3)The special commissioner is to be—

(a)paid the remuneration and allowances decided by the Governor in Council; and

(b)appointed on the terms and conditions decided by the Governor in Council; and

(c)appointed for a term of not more than 5 years.

42C   Preservation of rights

(1)This section applies if the person appointed as special commissioner is a public service officer.

(2)The person keeps all rights accrued or accruing to the person as a public service officer as if service as the special commissioner were a continuation of service as a public service officer.

(3)At the end of the person’s term of office or on resignation as a special commissioner, the person’s service as special commissioner is taken to be service of a like nature in the public service for deciding the person’s rights as a public service officer.

42D   Special commissioner subject to direction of commission chief executive

The special commissioner is subject to the direction of the commission chief executive, other than in relation to the conduct of an administrative inquiry.

Part 2    The Public Service Commission and its role

43   Establishment

The Public Service Commission is established.

44   Commission represents the State

(1)The commission represents the State.

(2)Without limiting subsection (1), the commission has the status, privileges and immunities of the State.

45   Commissioners

The commission consists of the following persons (each a commissioner)—

(a)the commission chief executive;

(b)each chief executive of the department in which each of the following Acts is administered—

•Parliament of Queensland Act 2001

•Statutory Bodies Financial Arrangements Act 1982;

(c)a person appointed by the Governor in Council as the chairperson of the commission.

Note—

For particular provisions about the commission chief executive and other commissioners, see part 4, division 1.

46   Main functions

(1)The commission’s main functions are to do the following—

(a)enhance the public service’s human resource management and capability;

(b)promote the management and employment principles;

(c)enhance and promote an ethical culture and ethical decision-making across the public service;

(d)enhance the public service’s leadership and management capabilities in relation to disciplinary matters;

(e)conduct commission reviews;

(ea)conduct reviews under part 6 about the handling by departments of work performance matters;

(f)develop and implement public service-wide workforce management strategies;

(g)together with the departments responsible for public sector industrial relations and public sector financial policy, consider improvements in the performance of departments through remuneration and conditions of employment;

(h)facilitate the purposes of the chief executive and senior executive services and the position of senior officer;

(i)report, at least annually, to the Minister on the application of the management and employment principles within the public service, including reporting on the following—

(i)the application of the principles, as a whole, within the public service as a whole;

(ii)the application of only 1 or more of the principles within the public service as a whole or a part of the public service;

(iii)the application of 1 or more of the principles for a specific purpose or to a specific group of persons;

(j)monitor, and report to the Minister about, the workforce profile of the public service;

(k)advise the Minister about the need for commission reviews about particular matters;

(l)promote a culture of continuous improvement and organisational performance management across all public service offices;

(m)provide a best practice advisory role on public service management, organisational performance management and workforce practices.

(2)In performing its functions, the commission must have regard to the management and employment principles.

(3)In this section—

workforce profile means the demographic categories and other characteristics of a workforce.

Part 3    Rulings by the commission chief executive and industrial relations Minister

Division 1 General provisions about rulings

47   Types of ruling

(1)Division 2 and particular other provisions of this Act authorise the making of instruments about persons who are, or who wish to become, or were, public service employees or other employees in public service offices.

Example of another provision—

chapter 5, part 6 (Assessing suitability of persons to be engaged in particular employment)

(2)A directive is an instrument of a type mentioned in subsection (1) that the instrument states is a directive.

(3)A directive binds the persons to whom it applies.

(4)A guideline is an instrument of a type mentioned in subsection (1) that the instrument states is a guideline.

(5)A guideline is for the guidance only of the persons to whom it applies.

(6)A ruling is a directive or a guideline.

48   Making of and access to rulings

(1)A directive may be made only by gazette notice.

(2)A guideline may be made in the way the person making it considers appropriate.

(3)After a person makes a ruling, the person must ensure it is published on the following website as soon as practicable—

(a)if the person is the commission chief executive—the commission’s website;

(b)if the person is the industrial relations Minister—the website of the department in which the Industrial Relations Act 2016 is administered.

(4)A failure to comply with subsection (3) does not invalidate or otherwise affect the ruling.

49   General references to a ruling

A reference to a ruling or a type of ruling, without specifying who made it, is a reference to any ruling, or any ruling of that type.

49A   Consultation for directives

(1)This section applies if the commission chief executive or the industrial relations Minister proposes to make a directive that affects—

(a)a public service agency; or

(b)public service employees who are entitled to be represented by an employee organisation.

(2)The commission chief executive or the industrial relations Minister must consult with the public service agency and employee organisation about the making of the proposed directive.

(3)In this section—

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

public service agency means—

(a)a department; or

(b)a public service office.

50   Criteria for making a ruling

In making a ruling, the commission chief executive or the industrial relations Minister must consider any advice given to the other about improving the public service’s effectiveness and efficiency.

Note—

For rulings that are to specifically apply to the audit office, see also the Auditor-General Act 2009.

51   Relationship with legislation

(1)If a ruling is inconsistent with an Act or subordinate legislation, the Act or subordinate legislation prevails to the extent of the inconsistency.

(2)For subsection (1), a ruling is not inconsistent with an Act or subordinate legislation to the extent that the ruling is at least as favourable as the Act or subordinate legislation.

52   Relationship between directives and industrial instruments

(1)This section applies if a directive deals with a matter all or part of which is dealt with under an industrial instrument.

(2)The industrial instrument prevails over the directive to the extent of any inconsistency between the directive and the industrial instrument.

(3)For subsection (2), a directive is not inconsistent with an industrial instrument to the extent that the remuneration and conditions of employment provided for in the directive are at least as favourable as the remuneration and conditions of employment provided for in the industrial instrument.

(4)In this section—

directive includes—

(a)a directive as applied by a regulation made for section 23; and

(b)a decision made in the exercise of a discretion under a directive.

Division 2 General ruling-making powers

53   Rulings by commission chief executive

(1)The commission chief executive may make a ruling about—

(a)a matter relating to any of the commission’s or the commission chief executive’s functions; or

Examples of what a ruling by the commission chief executive may be about—

•recruitment and selection, deployment, training and development of public service employees

•the transfer or redeployment of public service employees surplus to the needs of a department

•overall performance management standards for the public service

(b)the overall employment conditions for persons employed or to be employed as—

(i)chief executives, senior executives or senior officers; or

(ii)public service officers on contract whose remuneration is equal to, or higher than, the remuneration payable to a senior officer; or

(ba)a matter relating to the application of chapter 6 or 7 to a former public service employee; or

(c)other specific matters that, under this Act, the commission chief executive may make a ruling about.

(2)To remove any doubt, it is declared that the commission chief executive can not make a ruling about the remuneration or conditions of employment of a public service employee who is covered by an industrial instrument.

54   Rulings by industrial relations Minister

(1)The industrial relations Minister may make rulings about—

(a)the remuneration and conditions of employment of non-executive employees; or

(b)other matters under this Act that the Minister may make a ruling about.

(2)However, a ruling under subsection (1)(b) may only be made for non-executive employees.

(3)To remove any doubt, it is declared that the industrial relations Minister can make a ruling about the remuneration or conditions of employment of a public service employee who is covered by an industrial instrument.

(4)In this section—

non-executive employees means public service employees other than—

(a)chief executives, senior executives or senior officers; or

(b)other public service officers on contract whose remuneration is equal to, or higher than, the remuneration payable to a senior officer.

54A   Joint rulings

Nothing in this Act or the Industrial Relations Act 2016 prevents the commission chief executive and the industrial relations Minister from making a joint ruling.

55   Directives to apply Act to general, fixed term temporary and casual employees

(1)A directive may apply a provision of this Act to a general employee, fixed term temporary employee or casual employee.

(2)The provision applies to the employee in the following ways (the directive’s application)—

(a)as if the employee were a public service officer;

(b)with necessary changes and any other changes prescribed under a directive of the commission chief executive.

(3)The directive may prescribe anything necessary or convenient—

(a)to make the directive or for its application; or

(b)to carry out or give effect to the directive or its application; or

(c)because of the making of the directive or its application.

Part 4    Particular provisions about the commission and commission reviews

Division 1 Commissioners

Subdivision 1 Commission chief executive

56   Appointment

(1)The Governor in Council must appoint a person as the chief executive of the commission (the commission chief executive).

(2)A disqualified person can not be appointed.

(3)The term of the appointment is decided by the Governor in Council.

(4)However, the term can not be more than 5 years.

(5)The appointment must be on a full-time basis.

57   Basis of employment

(1)A person appointed as the commission chief executive must enter into a written contract of employment with the Minister.

(2)Without limiting subsection (1), the contract may provide—

(a)for the commission chief executive to meet performance standards set by the Minister; and

(b)for the remuneration to which the person is entitled; and

(c)that the appointment and contract of employment may be terminated by the Governor in Council by notice signed by the Minister given to the person at least 1 month before it is to take effect.

(3)The conditions of the contract are to be approved by the Minister.

(4)The appointee’s conditions of employment are governed by this Act and the contract.

58   Main functions

(1)The commission chief executive is responsible for the performance of the commission’s functions.

(2)The commission chief executive’s other main functions are to do the following—

(a)approve final reports for commission reviews;

(b)make rulings;

(c)appoint and second senior executives;

(d)facilitate the development of senior executives and senior officers;

(e)perform other duties as directed by the Minister.

59   Duty in performing functions

The commission chief executive must perform his or her functions independently, impartially, fairly, and in the public interest.

60   Acting as commission chief executive

(1)The Minister may appoint a person to act as the commission chief executive during any period or all periods when—

(a)there is a vacancy in the office; or

(b)the commission chief executive is absent from duty or is, for another reason, unable to perform the functions of commissioner.

(2)It does not matter whether the appointee is or is not a public service officer.

61   Preservation of commission chief executive’s accrued rights

(1)This section applies if a public service officer is appointed as the commission chief executive.

(2)The person keeps all rights accrued or accruing to the person as a public service officer as if service as the commission chief executive were a continuation of service as a public service officer.

62   Delegation

(1)The commission chief executive may delegate his or her functions under this Act to an appropriately qualified staff member of the commission.

(2)The commission chief executive may also delegate the following functions to an appropriately qualified entity—

(a)a function under section 88I;

(b)a function under section 88IA, other than the giving of a report under section 88IA(4)(b) that includes a direction.

(3)However, the commission chief executive can not delegate the functions of—

(a)approving final reports for commission reviews; or

(b)making rulings; or

(c)appointing or seconding senior executives.

63   Resignation

(1)The commission chief executive may resign by signed notice given to the Minister.

(2)However, at least 1 month’s notice of resignation must be given.

Subdivision 2 Chairperson

64   Appointment

(1)This section applies for the appointment of a person as the chairperson of the commission.

(2)A disqualified person can not be appointed.

(3)The term of the appointment and the conditions of office not provided for under this division are decided by the Governor in Council.

(4)However, the term can not be more than 5 years.

65   Disclosure of interests

(1)This section applies if—

(a)the chairperson has an interest in a matter being considered, or about to be considered, by the commission at a commission meeting; and

(b)the interest could conflict with the proper performance of the chairperson’s functions for the matter.

(2)The chairperson must, as soon as practicable, disclose the interest to the commission chief executive.

(3)Unless the commission otherwise decides, the chairperson must not participate in the commission’s consideration of the matter at the meeting.

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

66   Resignation

The chairperson may resign by signed notice given to the Minister.

Subdivision 3 Miscellaneous provisions

67   Criminal history checks to confirm suitability for appointment

(1)To help decide whether a person is suitable for nomination for appointment as the commission chief executive or the chairperson, the Minister may ask the police commissioner for a report about the person’s criminal history.

(2)However, the Minister may make the request only if the person has given the Minister written consent for the request.

(3)The police commissioner must comply with the request.

(4)However, subsection (3) applies only to information in the police commissioner’s possession or to which the commissioner has access.

(5)If the criminal history of the person includes a conviction recorded against the person, the commissioner’s report must be written.

(6)The Minister must destroy the report as soon as practicable after the decision has been made.

68   [Repealed]

Division 2 Meetings and other business

69   Conduct of business

Subject to this part, the commission may conduct its business, including its meetings, in the way it considers appropriate.

70   Times and places of meetings

(1)Commission meetings are to be held at the times and places the chairperson decides.

(2)However, the chairperson must call a meeting if asked, in writing, to do so by at least 2 commissioners.

(3)Also, the chairperson must call a meeting at least once in each quarter.

71   Quorum

A quorum for a commission meeting is any 2 commissioners.

72   Meeting deputies for particular commissioners

(1)A commissioner who is a chief executive of a department may, by signed notice, appoint an appropriately qualified public service officer as his or her deputy.

(2)The deputy may, as the commissioner’s delegate, attend a commission meeting in the commissioner’s absence and exercise the commissioner’s powers under this Act at the meeting.

(3)A deputy attending a commission meeting is to be counted in deciding if there is a quorum for the meeting.

73   Presiding at meetings

(1)The chairperson is to preside at all commission meetings at which the chairperson is personally present.

(2)If the chairperson is absent from a commission meeting, the commissioner chosen by the commissioners present is to preside.

74   Conduct of meetings

(1)The commission may hold meetings, or allow commissioners to take part in its meetings, by using any technology allowing reasonably contemporaneous and continuous communication between persons taking part in the meeting.

(2)A person who takes part in a commission meeting under subsection (1) is taken to be present at the meeting.

75   Decisions outside meetings

A decision of the commission, other than a decision at a commission meeting, is validly made if—

(a)the decision is made with the written agreement of at least 2 commissioners; and

(b)notice of the proposed decision is given under procedures approved by the commission.

76   Minutes and record of decisions

The commission must keep—

(a)minutes of its meetings; and

(b)a record of any decisions under section 65(3) or 75.

Division 3 Staff and agents

77   Staff members of the commission

(1)The commission chief executive may—

(a)employ the persons he or she considers necessary to perform the commission’s functions; and

(b)arrange with the chief executive of a department or the head of a public service office for the services of its public service employees to be made available to the commission.

(2)Persons employed or made available under subsection (1) are staff members of the commission.

78   Staff generally subject to direction by commission chief executive

Staff members of the commission are subject to the direction of the commission chief executive relating to the performance of the commission’s functions.

79   Agents

(1)To meet temporary circumstances, the commission chief executive may engage suitably qualified persons to provide the commission with services, information or advice.

(2)The engagement of the persons is on the terms and conditions decided by the commission chief executive, and not under this Act.

Division 4 Commission reviews and reports

Subdivision 1 Conduct and scope

80   Minister to be kept informed of conduct of review

The commission chief executive must keep the Minister informed of the general conduct of each commission review.

81   Minister may obtain information from commission

(1)If the Minister asks the commission for particular information concerning a matter relating to a commission review, the commission must—

(a)comply with the request; and

(b)give the help the Minister needs to consider the information.

(2)Information provided to the Minister under subsection (1) is confidential.

82   Disclosures to commission for review

A person may disclose a document or information to the commission or a commission official for the purpose of a commission review.

Subdivision 2 Reports

83   Affected agencies to be given a draft report

(1)This section applies if a particular public service office is the subject of a commission review.

(2)The commission must—

(a)prepare a draft report for the review; and

(b)give a copy of the draft report to the public service office; and

(c)give the public service office a reasonable opportunity to respond to the draft report; and

(d)have regard to any response before preparing a final report for the review and giving it to the Minister.

(3)In its response, the public service office may ask the commission to include a particular statement in the commission’s final report.

84   Content

A final report for a commission review must be approved by the commission chief executive and include—

(a)a consideration of relevant viewpoints and options to address the issues covered by the report; and

(b)the commission’s recommendations relating to the issues; and

(c)details of the consultation undertaken in the course of the review; and

(d)any statement the commission is asked to include under section 83(3).

85   Procedure for reporting sensitive information

(1)This section applies if the commission considers that, apart from this section, information that would be included in a draft report or final report for a commission review is sensitive information.

(2)The commission need not include the information in the report.

(3)If the report is a final report, the commission may include the information in a separate document given to the Minister.

(4)In this section—

sensitive information means information—

(a)that would be contrary to the public interest to disclose; or

Examples of when disclosing information may be contrary to the public interest—

1The disclosure would have a serious adverse effect on someone’s commercial interests.

2The disclosure would reveal trade secrets.

3The disclosure would cause damage to the relations between the Government of the State and another Government.

(b)for which, in any judicial proceeding, the State would have a basis for claiming that disclosure should not be permitted.

Division 5 Miscellaneous provisions

86   How commission’s functions may be performed

(1)The commission may make enquiries, gather information and otherwise engage in activities necessary to perform its functions.

(2)In performing its functions, the commission—

(a)need not act in a formal way; and

(b)may inform itself in the way it considers appropriate; and

(c)may consult with anyone it considers appropriate; and

(d)may receive written or oral submissions and other information.

(3)However, for a commission review, the functions must be performed consistently with the terms of the Minister’s referral for the review.

87   Confidentiality relating to commission reviews

(1)This section applies to a person who—

(a)is or has been a commission official; and

(b)in that capacity acquired protected information or has or had access to, or custody of, a document containing protected information.

(2)The person must not—

(a)make a record of protected information; or

(b)whether directly or indirectly, divulge or communicate protected information; or

(c)use protected information to benefit any person.

Maximum penalty—200 penalty units or 1 year’s imprisonment.

(3)However, subsection (2) does not apply if the record is made, or the information is divulged, communicated or used—

(a)to the extent necessary to perform the person’s functions under or relating to this Act; or

(b)with the consent of the entity to which the information relates; or

(c)as required or permitted by law.

(4)In this section—

protected information means information not publicly available obtained for a commission review.

88   [Repealed]

Part 5    [Repealed]

88AA   [Repealed]

88A   [Repealed]

88B   [Repealed]

88C   [Repealed]

88D   [Repealed]

88E   [Repealed]

88F   [Repealed]

88G   [Repealed]

Part 6    Functions of commission relating to work performance matters

88H   Definitions for pt 6

In this part—

information includes a document.

public service employee includes a person who was a public service employee.

work performance information directive means a directive issued by the commission chief executive under section 53(a) under which a department must give the commission information about work performance matters being, or that have been, handled by the department.

work performance matter means a matter involving a public service employee’s work performance or personal conduct, including, for example, an allegation against the employee that constitutes or would, if proved, constitute a disciplinary ground.

88I   Commission may conduct review of department’s handling of work performance matters

(1)This section applies if, on the basis of information received under a work performance information directive, the commission chief executive reasonably considers it may be beneficial to conduct a review under this section to promote—

(a)the continuous improvement of a department’s practices regarding the handling of work performance matters; or

(b)the optimal resolution of a current work performance matter.

(2)The commission may—

(a)conduct a review of—

(i)1 or more work performance matters that have been handled by the department; or

(ii)a current work performance matter; and

(b)give the chief executive of the department a report about the review.

(3)The report mentioned in subsection (2)(b) must include any recommendations made by the commission about—

(a)for a review mentioned in subsection (2)(a)(i)—improvements to the department’s practices regarding the handling of work performance matters; or

(b)for a review mentioned in subsection (2)(a)(ii)—the optimal resolution of the current work performance matter the subject of the review.

(4)A review under this section must be conducted—

(a)by the commission chief executive; or

(b)for the commission chief executive by—

(i)a staff member of the commission to whom the function is delegated under section 62(1); or

(ii)any other appropriately qualified entity to whom the function is delegated under section 62(2).

(5)In this section—

current work performance matter means a work performance matter being handled by the department at the time the commission chief executive forms the view mentioned in subsection (1).

88IA    Commission may conduct review of procedural aspect of department’s handling of current work performance matters

(1)This section applies if a procedure under a suspension or discipline directive is being undertaken by a department chief executive in relation to a public service employee for a current work performance matter.

(2)The employee the subject of the current work performance matter may ask the commission to conduct a review of a procedural aspect of the department’s handling of the work performance matter.

(3)However, the employee may make the request under subsection (2) only if the employee has complied, to the extent possible, with the procedures applying to the employee under a suspension or discipline directive in relation to the work performance matter.

(4)On receiving the request, the commission may—

(a)conduct a review of a procedural aspect of the current work performance matter; and

(b)give the chief executive of the department a report about the review that includes any recommendations and directions about how any defects in the procedural aspects are to be rectified.

(5)The department chief executive must comply with a direction given in a report under subsection (4)(b) to the extent possible, unless—

(a)before the report is given to the chief executive, a decision is made for the matter the subject of the direction; and

(b)the employee has a right to appeal against the decision under chapter 7, part 1.

(6)A function of the commission under this section must be performed—

(a)by the commission chief executive; or

(b)for the commission chief executive by a staff member of the commission to whom the function is delegated under section 62(1); or

(c)if the function is the giving of a report under subsection (4)(b) that does not include a direction by the commission—any other appropriately qualified entity to whom the function of giving the report is delegated under section 62(2).

(7)In this section—

current work performance matter means—

(a)a work performance matter being handled by the department at the time the request is made by an employee under subsection (2); but

(b)does not include a work performance matter if the personal conduct the subject of the matter would, if proved, constitute corrupt conduct under the Crime and Corruption Act 2001, section 15.

procedural aspect, of a current work performance matter, means an aspect of the matter relating to compliance with—

(a)a procedure under a directive applying to the matter; or

(b)principles of natural justice.

suspension or discipline directive means a directive made under section 137A or 192A.

88J   Chief executive of department to provide help for review under s 88I

(1)This section applies if the commission chief executive or another person (the reviewer) is conducting a review under section 88I for a department.

(2)The chief executive of the department must give the reviewer the help the reviewer reasonably requires to conduct the review.

(3)The reviewer may ask the chief executive of the department for information relevant to the review.

(4)The chief executive of the department must comply with a request under subsection (3).

88K   Exchange of information with external agency

(1)The commission chief executive may enter into an information exchange agreement with the chief executive officer (however described) of an external agency.

(2)For the purposes of a review under section 88I, the commission chief executive may do either or both of the following under the information exchange agreement—

(a)obtain relevant information from the external agency;

(b)with the consent of the chief executive of the department to which the review relates, give relevant information to the external agency.

(3)Also, to help the commission chief executive perform his or her functions under this part, the commission chief executive may give information to an external agency under an information exchange agreement.

(4)In this section—

external agency means an entity established under an Act and prescribed under a regulation as an external agency for this section.

information exchange agreement means an agreement providing for the giving and receiving of information.

relevant information means information about or relevant to any of the following—

(a)a review of a work performance matter being conducted under section 88I;

(b)an investigation, inquiry or other activity being conducted by an external agency relating to the conduct, of a public service employee, that is the subject of a work performance matter being reviewed under section 88I.

88L   Protection from liability for giving information

(1)This section applies to a person who, acting honestly and reasonably, gives information under this part.

(2)The person is not liable, civilly, criminally or under an administrative process, for giving the information.

(3)Without limiting subsection (2)—

(a)in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and

(b)the person—

(i)does not, by giving the information, contravene an Act, oath, rule of law or practice requiring the person to maintain the confidentiality of the information; and

(ii)is not liable for disciplinary action for giving the information.

(4)Also, merely because the person gives the information, the person can not be held to have—

(a)breached any code of professional etiquette or ethics; or

(b)departed from accepted standards of professional conduct.

88M   Confidentiality of information

(1)This section applies to a person who—

(a)is, or has been, any of the following—

(i)the commission chief executive;

(ii)a staff member of the commission, or any other person, to whom the function of conducting a review under section 88I is delegated by the commission chief executive; and

(b)in that capacity, acquired confidential information under this part.

(2)The person must not disclose the confidential information to anyone else.

Maximum penalty—100 penalty units.

(3)Subsection (2) does not apply to the disclosure of confidential information—

(a)for the purpose of administering this Act; or

(b)to the extent necessary to perform the person’s functions under an Act; or

(c)for a proceeding in a court or tribunal; or

(d)with the consent of the person to whom the confidential information relates; or

(e)if the disclosure is otherwise required or permitted under another Act or law.

(4)In this section—

confidential information—

(a)means personal information; but

(b)does not include information in the public domain unless further disclosure of the information is prohibited by law.

personal information means information or an opinion about an individual—

(a)if the individual’s identity is apparent, or can reasonably be ascertained, from the information or opinion; and

(b)whether or not the information or opinion—

(i)is true; or

(ii)forms part of a database; or

(iii)is recorded in a material form.

88N   Publication of information about work performance matters

(1)By 30 September after each financial year, the commission must publish the following information for the financial year in a publicly accessible way—

(a)the number of work performance matters handled by each department in the year;

(b)the types of work performance matters handled by each department in the year;

(c)information about how work performance matters were handled by each department in the year, including, for example—

(i)the period within which the handling of the matters was finalised; and

(ii)the outcomes of the handling of the matters.

(2)Subsection (1) applies only in relation to information the commission receives under the work performance information directive or to which the commission otherwise has access.

Part 7    Administrative inquiries

88O   Minister may ask for administrative inquiry

(1)The Minister may, by signed notice, ask the special commissioner, commission chief executive or another appropriately qualified person to conduct an inquiry (an administrative inquiry) into—

(a)the functions or activities of 1 or more public service offices, including in relation to—

(i)the administration of a particular scheme or program; or

(ii)the effectiveness and efficiency of public service office interactions; or

(b)an area of existing or proposed government policy; or

(c)another other area of public administration relating to a main purpose of this Act.

(2)However, the Minister can not ask for an administrative inquiry about an individual employee.

(3)Before making the request, the Minister must—

(a)inform the departmental Minister and the chief executive or the head of the public service office about the proposed administrative inquiry; and

(b)give the chief executive or the head of the public service office an opportunity to nominate a stated number of employees of the public service office to take part in the administrative inquiry.

(4)The notice under subsection (1) must state the terms of reference for the administrative inquiry.

(5)In this section—

public service office see section 35.

88P   Powers for conducting administrative inquiry

(1)For conducting an administrative inquiry, the special commissioner, commission chief executive or appropriately qualified person may do any of the following—

(a)enter official premises of a public service office at a reasonable time;

(b)require the production of, examine, copy, or take an extract from, any official document in the possession of the public service office;

(c)interview employees of the public service office;

(d)interview anyone else who can provide information relevant to the inquiry.

(2)The chief executive or the head of the public service office and each other person employed in the office must provide the assistance reasonably required by the special commissioner, commission chief executive or appropriately qualified person for conducting the inquiry.

(3)However, a person need not answer a question asked by, or give information to, the special commissioner, commission chief executive or appropriately qualified person if answering the question or giving the information might tend to incriminate the individual or expose the individual to a penalty.

(4)In this section—

official document, in the possession of a public service office, includes an official document—

(a)under the control of the office, or that the office is entitled to access, whether or not created in the public service office; and

(b)in the possession, or under the control, of a person employed in the public service office in the person’s official capacity.

88Q   Report on administrative inquiry

(1)As soon as practicable after completing an administrative inquiry, the special commissioner, commission chief executive or appropriately qualified person must give the Minister a report on the inquiry, including any findings or recommendations.

(2)The Minister—

(a)must give a copy of the report to the departmental Minister, the chief executive or head and anyone else the Minister considers appropriate; and

(b)may publish the report in the way the Minister considers appropriate.

(3)However, the Minister must remove any confidential information or personal information from the report before it is published under subsection (2)(b).

(4)In this section—

confidential information—

(a)means personal information; but

(b)does not include information in the public domain unless further disclosure of the information is prohibited by law.

personal information means information or an opinion about an individual—

(a)if the individual’s identity is apparent, or can reasonably be ascertained, from the information or opinion; and

(b)whether or not the information or opinion—

(i)is true; or

(ii)forms part of a database; or

(iii)is recorded in a material form.

Chapter 4    Chief executives, senior executives and senior officers

Part 1    Chief executives

Division 1 The chief executive service

89   Establishment

(1)A chief executive service is established in the public service.

(2)The service consists of chief executives appointed under division 2.

90   Purpose and its achievement

(1)The purpose of the chief executive service is to promote—

(a)the public service’s effectiveness and efficiency; and

(b)collaboration between departments with a focus on public service-wide priorities as well department-specific priorities; and

(c)performance management in the public service; and

(d)the delivery of services by the public service in accordance with Government priorities.

(2)The purpose is to be achieved by attracting, developing and retaining in the public service a core of mobile, highly skilled chief executives.

91   Chief executive service standards

(1)The Minister may make standards about the way the Minister expects the chief executive service to operate.

(2)Without limiting subsection (1), the standards may provide for competencies expected of, and ethical standards for, chief executives.

(3)The Minister must publish the standards in the way the Minister considers appropriate.

(4)The standards do not limit or otherwise affect the obligations that a chief executive has under the Public Sector Ethics Act 1994.

Division 2 Appointments

92   Appointment of chief executives generally

The Governor in Council may, by gazette notice, appoint chief executives.

93   Appointment to particular departments

(1)Each department is to have a chief executive.

(2)The Minister may, by signed notice, appoint a chief executive to be the chief executive of any department.

(3)Public notice of the appointment must be published in the gazette or in another way the Minister considers appropriate.

94   Acting as chief executive

(1)The departmental Minister for a department may appoint a person to act as its chief executive during any period or all periods when—

(a)no-one is employed as chief executive; or

(b)the chief executive is absent from duty or is, for another reason, unable to perform the responsibilities of chief executive.

(2)It does not matter whether the appointee is or is not already a public service officer.

95   Statutory officer as chief executive

(1)The Governor in Council may, by gazette notice, declare that the holder of a stated office established under an Act is the chief executive of a stated department.

(2)This Act does not apply to an appointment to the stated office.

96   Contractual basis of employment for chief executives

(1)Each person appointed as a chief executive under this Act must enter into a written contract of employment with the Minister.

(2)The appointee’s conditions of employment are governed by this Act, any relevant directives by the commission chief executive and the contract.

97   Term of appointment

(1)The term of a chief executive’s appointment can not be more than 5 years.

(2)A chief executive may resign by signed notice of resignation given to the Minister at least 1 month before the notice is to take effect.

(3)An appointment and contract of employment as a chief executive may be terminated by the Governor in Council by notice signed by the Minister given to the appointee at least 1 month before it is to take effect.

Division 3 Functions

98   Responsibilities

(1)A chief executive is responsible for all of the following matters in relation to the chief executive’s department—

(a)establishing and implementing goals and objectives in accordance with Government policies and priorities;

(b)managing the department in a way that promotes the effective, efficient and appropriate management of public resources;

(c)the following for departmental employees—

(i)their numbers;

(ii)classification levels;

(iii)designation of roles;

(d)planning human resources, including ensuring the employment in the department of persons on a fixed term temporary or casual basis occurs only if there is a reason for the basis of employment under this Act;

(e)adopting management practices that are responsive to Government policies and priorities;

(f)promoting continual evaluation and improvement of the appropriateness, effectiveness and efficiency of departmental management;

(g)implementing policies and practices about access and equity to ensure maximum access by members of the community to Government programs and to appropriate avenues for review;

(h)ensuring compliance with the equality of employment opportunity obligations under chapter 2;

(i)ensuring maintenance of proper standards in the creation, keeping and management of public records.

Examples of chief executive responsibilities for departmental employees—

•recruitment and selection

•performance appraisal, training and development

•discipline and termination of employment

•working conditions and industrial issues

•ensuring fair treatment

(2)The chief executive’s responsibilities under this Act are in addition to the chief executive’s responsibilities under another Act.

Note—

The following are not subject to direction by a chief executive—

•the information commissioner and staff of the office of the information commission (See the Right to Information Act 2009, sections 126, 146 and 149, and the Information Privacy Act 2009, sections 140 and 143)

•the auditor-general, deputy auditor-general and staff of the audit office (See the Auditor-General Act 2009.)

(3)In this section—

departmental employees means public service employees employed in the chief executive’s department.

designation, of a role, includes the title of the role and its organisational location within a department.

99   How responsibilities must be discharged

(1)In discharging responsibilities under an Act, a chief executive must—

(a)observe the management and employment principles; and

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

(c)have regard to all relevant guidelines.

(2)The discharge of the responsibilities is subject to section 109(3).

100   Extent of chief executive’s autonomy

(1)A chief executive is subject to the directions of the departmental Minister in managing the department, other than to the extent—

(a)the chief executive is making decisions about particular individuals; or

(b)another Act—

(i)provides that the chief executive is not subject to the directions of the departmental Minister about particular matters; or

(ii)limits the extent to which, or circumstances in which, the chief executive is subject to directions of the departmental Minister.

(2)In making decisions about particular individuals, the chief executive—

(a)is subject to any direction given by the commission in a report about a procedural aspect of a current work performance matter under section 88IA; and

(b)must otherwise act independently, impartially and fairly; and

(c)is not subject to direction by a Minister.

Division 4 Miscellaneous provisions

101   Declaration of interests

(1)This section applies to any chief executive on appointment.

Note—

Appointment includes reappointment. See the Acts Interpretation Act 1954, schedule 1, definition appoint.

(2)The chief executive must, within 1 month, give the relevant people a statement about his or her interests.

(3)The statement must include the information required under a directive of the commission chief executive.

(4)Subsections (5) and (6) apply if—

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

(b)the change is of a type prescribed under a directive of the commission chief executive.

(5)The chief executive must give the relevant people a revised version of the statement.

(6)The revised version must—

(a)be given as soon as possible after the relevant facts about the change come to the chief executive’s knowledge; and

(b)comply with subsection (3).

(6A)When giving the integrity commissioner and commission chief executive a statement under subsection (2) or (5), the chief executive must also give the integrity commissioner and commission chief executive written advice that the chief executive has given the statement to the departmental Minister.

(7)For the interpretation of a reference to an interest, see section 65(4).

(8)In this section—

relevant people means—

(a)the departmental Minister; and

(b)the integrity commissioner; and

(c)the commission chief executive.

102   Conflicts of interest

(1)If a chief executive has an interest that conflicts or may conflict with the discharge of the chief executive’s responsibilities, the chief executive—

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

(b)must not take action or further action concerning a matter that is, or may be, affected by the conflict unless authorised by the departmental Minister.

(2)The departmental Minister for a department may direct its chief executive to resolve a conflict or possible conflict between an interest of the chief executive and the chief executive’s responsibilities.

(3)For the interpretation of a reference to an interest or a conflict of interest, see section 65(4).

103   Delegation

(1)A chief executive may delegate the chief executive’s functions under an Act to any appropriately qualified person.

(2)A delegation of a function may permit the subdelegation of the function.

(3)If the function is performed under another Act, the power to delegate or subdelegate is subject to the other Act.

104   References in Act to chief executive of a chief executive are to the Minister

(c)section 293 does not apply to the person, or the person does not ask for a decision under that section.

(2)Section 149B applies in relation to the person.

(3)For applying section 149B—

(a)a reference in section 149B to a fixed term temporary employee is taken to include a reference to the person; and

(b)the period for which the person was continuously employed on a temporary or casual basis under former section 147 or 148 is to be taken into account for working out the period for which the person has been continuously employed in the department; and

(c)if the person is employed on a casual basis, the required period is taken to be the later of—

(i)4 months after the commencement; or

(ii)if a longer period for a particular class of employees of which the person is a member is agreed between the department’s chief executive and an employee organisation for the class of employee, and approved by the commission chief executive—the longer period; or

(iii)the required period for the decision about the person under section 149B(9).

(4)Subsection (5) applies if—

(a)the person is employed on a casual basis; and

(b)before the end of the required period mentioned in subsection (3)(c), the person would have become eligible for a review of the person’s employment under former section 149A if the Public Service and Other Legislation Amendment Act 2020 had not commenced.

(5)In addition to section 149B as applied under subsections (2) and (3), former section 149A and any directive made under that section continue to apply in relation to the person as if the Public Service and Other Legislation Amendment Act 2020 had not commenced.

(6)In this section—

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

former section 147 or 148 means section 147 or 148 as in force before the commencement.

former section 149A means section 149A as in force before the commencement.

295    Application of s 149C for public service employees acting at higher classification levels

(1)This section applies if—

(a)immediately before the commencement, a person was seconded to, under section 120(1)(a), or acting at, a higher classification level in a department; and

(b)the person has, on the commencement or within 3 months after the commencement, been seconded to or acting at the higher classification level for a continuous period of at least 1 year.

(2)The person may ask the department’s chief executive to appoint the person to a position at a higher classification level under section 149C(3) within—

(a)3 months after the commencement; or

(b)if a longer period for a particular class of employees of which the person is a member is agreed between the department’s chief executive and an employee organisation for the class of employee, and approved by the commission chief executive—the longer period.

(3)For applying section 149C, the period for which the person has been continuously acting at the higher classification level before the commencement is to be taken into account for working out how long the person has been acting at that level for a continuous period for section 149C(1)(b).

296   Application of s 187 for existing disciplinary processes

(1)This section applies if—

(a)before the commencement, the chief executive had decided to start, or had started, a disciplinary process for a ground under section 187(1)(a) or (f)(ii) or (iii) as in force immediately before the commencement; and

(b)on the commencement, the disciplinary process—

(i)has not started; or

(ii)has started but a disciplinary finding for the ground has not been made.

(2)If, on the commencement, the circumstances to which the disciplinary process relates constitute a ground for discipline under section 187(1)(a), (f) or (g), the disciplinary process may be started or continued in relation to the employee.

(3)If, on the commencement, the circumstances to which the disciplinary process relates do not constitute a ground for discipline under section 187(1)(a), (f) or (g), the chief executive must not start or continue the disciplinary process in relation to the employee.

(4)If subsection (3) applies, the chief executive must ensure any decision relating to the disciplinary process is not recorded in any document kept in relation to the employee or the employee’s work performance.

(5)In this section—

disciplinary process means a step or action for investigating whether or not a disciplinary ground exists in relation to an employee.

297    Appeals not started before commencement

(1)This section applies if—

(a)before the commencement, a person could have started an appeal against a decision under chapter 7, part 1; and

(b)on the commencement, the person has not started the appeal; and

(c)the time within which the appeal notice for the decision must be given and received under section 197 (the appeal period) has not ended.

(2)The person may appeal the decision within the appeal period.

(3)Chapter 7, as in force immediately before the commencement, applies in relation to the appeal as if the Public Service and Other Legislation Amendment Act 2020 had not commenced.

298    Appeals started before commencement

(1)This section applies if—

(a)before the commencement, an appeal was started under chapter 7, part 1; and

(b)on the commencement, the appeal has not been decided or withdrawn.

(2)The appeal must be heard and decided under chapter 7 as in force immediately before the commencement, as if the Public Service and Other Legislation Amendment Act 2020 had not commenced.

299    Continuation of IRC members for particular appeals

Despite the commencement of the Public Service and Other Legislation Amendment Act 2020, chapter 3, part 5 as in force immediately before the commencement continues to apply for hearing and deciding an appeal mentioned in section 297 or 298.

300    Application of directive under s 214B to commission

In the directive made under section 214B as in force immediately before the commencement, a reference to an IRC member is taken to include a reference to the IRC.

301   Validation of particular acts or omissions of WHS prosecutor

(1)This section applies to an act or omission of the WHS prosecutor, or a person performing a function or power of the WHS prosecutor under a purported delegation or subdelegation, before the commencement to the extent the act or omission would have been valid if amended schedule 1 were in force at the time of the act or omission.

(2)The act or omission is taken to be, and to have always been, as valid as it would have been if amended schedule 1 were in force at the time of the act or omission.

(3)In this section—

amended schedule 1 means schedule 1 as in force on the commencement.

WHS prosecutor see the Work Health and Safety Act 2011, schedule 2, section 25.

Schedule 1 Public service offices and their heads

section 21

Public service office	Head
audit office	auditor-general
Building and Construction Industry (Portable Long Service Leave) Authority under the Building and Construction Industry (Portable Long Service Leave) Act 1991	general manager
Electoral Commission of Queensland under the Electoral Act 1992	electoral commissioner
Family Responsibilities Commission Registry under the Family Responsibilities Commission Act 2008	the 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
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 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 under the Energy and Water Ombudsman Act 2006
Office of the Health Ombudsman under the Health Ombudsman Act 2013	health ombudsman
Office of the Independent Assessor under the Local Government Act 2009	Independent Assessor
office of the information commissioner	information commissioner
Office of the Inspector-General of Emergency Management under the Disaster Management Act 2003	Inspector-General of Emergency Management
Office of the Land Access Ombudsman under the Land Access Ombudsman Act 2017	land access ombudsman
Office of the Prostitution Licensing Authority under the Prostitution Act 1999	executive director
office of the public guardian under the Public Guardian Act 2014	public guardian
Office of the Queensland College of Teachers under the Education (Queensland College of Teachers) Act 2005	director of the office
Office of the Queensland Parliamentary Counsel under the Legislative Standards Act 1992	parliamentary counsel
office of the training ombudsman under the Further Education and Training Act 2014	training ombudsman
Office of the WHS Prosecutor under the Work Health and Safety Act 2011	Work Health and Safety Prosecutor
Public Service Commission	commission chief executive
Public Trust Office under the Public Trustee Act 1978	public trustee
Queensland Curriculum and Assessment Authority under the Education (Queensland Curriculum and Assessment Authority) Act 2014	chief executive officer
Queensland Family and Child Commission under the Family and Child Commission Act 2014	principal commissioner under the Family and Child Commission Act 2014
Queensland Human Rights Commission established under the Anti-Discrimination Act 1991	human rights commissioner
Queensland Mental Health Commission	commissioner under the Queensland Mental Health Commission Act 2013
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 under the Queensland Reconstruction Authority Act 2011
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
the 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.

Schedule 2 [Repealed](Repealed)

Schedule 4 Dictionary

section 4

administrative inquiry see section 88O(1).

ambulance service chief executive ...

ambulance service officer, for chapter 6, see section 186A.

amending Act, for chapter 9, part 5, see section 256.

appeals officer see section 88A(1).

appoint, a person as a public service officer, means—

(a)for a person who is not already a public service officer—employ the person as an officer; or

(b)for a public service officer—promote, transfer or redeploy the officer.

appointed commissioner ...

appropriately qualified, in relation to a delegated function or power, includes having the qualifications, experience or standing to perform the function or exercise the power.

Example of standing—

a person’s classification level in the public service

approved form, for chapter 5, part 6, division 2, subdivision 2, see section 155A.

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

audit office means the Queensland Audit Office under the Auditor-General Act 2009.

auditor-general means the Queensland Auditor-General under the Auditor-General Act 2009.

award see the Industrial Relations Act 2016, schedule 5.

casual employee means—

(a)a person employed under section 147 on a casual basis; or

(b)a person employed under section 148A.

casual employment decision ...

CCYPCG Act ...

CCYPCG commission ...

CCYPCG commissioner ...

CCYPCG disqualification order ...

chairperson means the chairperson of the commission.

changes employment, for chapter 6, see section 186A.

chief executive see section 10.

chief executive (communities), for chapter 5, part 6, division 2, subdivision 2, see section 155A.

chief executive (employment screening) see section 150.

child-related duties, for chapter 5, part 6, see section 156(2).

child-related employment screening, for chapter 5, part 6, division 3, see section 157.

commencement—

(a)for chapter 9, part 5—see section 256; or

(b)for chapter 9, part 6—see section 264.

commencement, for chapter 9, part 7, see section 268.

commission means the Public Service Commission established under section 43.

commission chief executive see section 56(1).

commissioner see section 45.

commission official means—

(a)a commissioner; or

(b)a staff member of the commission; or

(c)an agent of the commission or an employee of the State performing functions for a commission review.

commission review see section 37(1).

continuously employed, in relation to a person employed in a department for a period, means the person is employed in the department—

(a)continuously as a fixed term temporary employee for the period; or

(b)as a casual employee on a regular and systematic basis during the period; or

(c)continuously as an employee mentioned in subparagraphs (i) and (ii) for the period.

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 see section 194(1)(e).

CPOPOA disqualification order ...

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

criminal history report, for chapter 5, part 6, see section 150.

current ...

current chief executive, of a public service employee, for chapter 6, see section 186A.

department see section 7.

departmental Minister means—

(a)for a department or public service office—the Minister administering the department or public service office; or

(b)for a chief executive—the Minister administering the chief executive’s department; or

(c)for another public service employee—the Minister administering the employee’s department.

department of communities, for chapter 5, part 6, division 2, subdivision 2, see section 155A.

directive means a directive made under chapter 3, part 3.

disciplinary action see section 188(1).

disciplinary declaration—

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

(i)a disciplinary declaration made under—

(A)section 188A(7); or

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

(C)the Misconduct Tribunals Act 1997 or 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 188A(7).

disciplinary finding means a finding that a disciplinary ground exists.

disciplinary ground means a ground for disciplining a public service officer under section 187.

disciplinary information see section 188B(3).

disciplinary law means—

(a)this Act; or

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

(c)a law prescribed under a regulation.

disqualification order ...

disqualified person means—

(a)a person who holds office as any of the following—

(i)the auditor-general;

(ii)the ombudsman;

(iii)the integrity commissioner;

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

(v)the information commissioner;

(vi)the RTI commissioner;

(vii)the privacy commissioner; or

(b)a person who has been convicted of an indictable offence; or

(c)a person who is or has been—

(i)an insolvent under administration under the Corporations Act, section 9; or

(ii)disqualified from managing corporations under the Corporations Act, part 2D.6.

disqualifying offence ...

EEO means equality of employment opportunity.

employee complaints directive ...

employing chief executive ...

employment-screening department see section 150.

engage—

(a)for chapter 5, part 6 generally—see section 150; and

(b)for chapter 5, part 6, division 3—see also section 157.

excluded matter see section 216(1).

exemption notice ...

fair treatment decision see section 194(1)(eb).

fire service chief executive ...

fire service officer, for chapter 6, see section 186A.

fixed term temporary employee see section 148(1).

former public service employee, for chapter 6 or 7, see section 186A.

former public service officer ...

function, for a provision about a delegation, includes power.

general employee means a person employed under section 147.

government entity see section 24.

guideline means a guideline made under chapter 3, part 3.

head, of a public service office, see section 21(2).

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

industrial agreement ...

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

industrial matter see the Industrial Relations Act 2016, section 9.

industrial registrar means the person appointed under the Industrial Relations Act 2016, section 514.

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

information, for chapter 3, part 6, see section 88H.

information commissioner means the information commissioner under the Right to Information Act 2009.

information commission office ...

initial review decision, for chapter 9, part 7, see section 268.

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

interest ...

investigative information ...

IRC means the commission under the Industrial Relations Act 2016.

IRC member ...

law includes an unwritten law.

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

management and employment principles see section 25(3).

member ...

merit principle see section 27(1).

negative exemption notice ...

negative notice, for chapter 5, part 6, division 3, see section 157.

negative prescribed notice ...

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

normal remuneration, for a public service officer, means all of the remuneration and other entitlements to which the employee is or would be entitled, as prescribed under a directive.

notice means a notice in writing.

offender prohibition order ...

office of the information commissioner means the office of the information commissioner under the Right to Information Act 2009.

overall employment conditions means remuneration and conditions of employment.

part 6 directive, for chapter 5, part 6, see section 150.

police commissioner means the commissioner of the police service, under the Police Service Administration Act 1990.

police information ...

police information report ...

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

positive exemption notice ...

positive performance management principles see section 25A.

positive prescribed notice ...

prescribed employee, for chapter 6, see section 186A.

prescribed notice ...

previous chief executive, for a public service employee, for chapter 6, see section 186A.

privacy commissioner means the privacy commissioner under the Information Privacy Act 2009.

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

promotion decision see section 194(1)(c).

publicly notified, for a notice, includes that the notice was published in the gazette or on a department’s website.

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 Misconduct Tribunals Act 1997 or QCAT Act; or

(d)the Crime and Corruption Act 2001; or

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

(f)another Act prescribed under a regulation.

public service means the Queensland Public Service.

public service employee—

1

Generally, a public service employee is a public service employee as defined under section 9(1).

2

For a particular department, a public service employee is a public service employee as defined under section 9(1) whose employment is in that department.

3For chapter 3, part 6, see also section 88H.

public service office—

1

Generally, a public service office is a public service office as defined under section 21(1).

2However, for chapter 3, part 1, see section 35.

public service officer see section 8.

Queensland Public Service see section 5.

redeploy, a public service officer, means employ the officer, with the officer’s consent, at a lower classification level, whether or not on different duties, other than temporarily.

regulated employment—

(a)for chapter 5, part 6—see section 150; or

(b)for chapter 9, part 5—see section 256.

relevant commission officer, for chapter 6, see section 186A.

relevant disqualified person ...

relevant duties, for chapter 5, part 6, see section 151(2).

relevant EEO agency see section 30(1).

remuneration includes salary.

RTI commissioner means the Right to Information commissioner under the Right to Information Act 2009.

ruling see section 47(6).

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

second, a public service officer, means temporarily employ the officer—

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

(b)at a higher classification level or lower classification level.

section 149 directive, for chapter 9, part 7, see section 268.

senior appeals officer ...

senior executive means a person employed under this Act as a senior executive.

senior IRC member ...

senior officer means a person employed under this Act as a senior officer.

serious disciplinary action see section 179A(4).

serious offence ...

service with the State, for chapter 5, part 2, division 2, see section 129.

staff members, of the commission, see section 77(2).

statutory office means an office established under an Act to which a person may be appointed only by the Governor in Council or a Minister.

subsequent review decision, for chapter 9, part 7, see section 268.

suspension without pay decision see section 194(1)(bb).

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

temporary employee ...

temporary employment decision ...

temporary offender prohibition order ...

term appointee ...

the State, for chapter 5, part 2, division 2, see section 129.

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

transfer decision see section 194(1)(d).

transition period, for chapter 9, part 7, see section 268.

unamended Act, for chapter 9, part 5, see section 256.

vice-president ...

Working with Children Act see section 150.

working with children authority, for chapter 5, part 6, see section 150.

work performance information directive, for chapter 3, part 6, see section 88H.

work performance matter, for chapter 3, part 6, see section 88H.