Public Service Amendment Act 1996 (Qld)

Queensland PUBLIC SERVICE AMENDMENT ACT 1996 Act No. 44 of 1996

Queensland PUBLIC SERVICE AMENDMENT ACT 1996 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Renumbering of s 116 (Application of Industrial Relations Act to public service employees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Insertion of new s 116 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 116 Exclusion of certain matters from review under other Acts . . . . . . . 4

Queensland Public Service Amendment Act 1996 Act No. 44 of 1996 An Act to amend the Public Service Act 1996 [Assented to 15 November 1996]

s1 4 Public Service Amendment The Parliament of Queensland enacts— s4 No. 44, 1996 ˙ Short title 1. This Act may be cited as the Public Service Amendment Act 1996 . ˙ Act amended 2. This Act amends the Public Service Act 1996 . ˙ Renumbering of s 116 (Application of Industrial Relations Act to public service employees) 3. Section 116— renumber as section 116A. ˙ Insertion of new s 116 4. After section 115— insert— ˙ ‘ Exclusion of certain matters from review under other Acts ‘ 116.(1) In this section— “excluded matter” means— (a) a decision to appoint, or not to appoint, a person under this Act or as a statutory office holder; or (b) the contract of employment of, or the application of this Act or a provision of this Act to, any of the following persons (an “excluded person” )— (i) the commissioner; (ii) a chief executive or other senior executive; (iii) a senior officer; (iv) another officer whose employment is on contract for a fixed

s4 5 s4 Public Service Amendment No. 44, 1996 term; or (c) the removal of a statutory office holder under this Act. ‘ (2) An excluded matter, or a matter affecting or relating to an excluded matter, other than in relation to dismissal of an officer who is employed on tenure, is not an industrial matter for the Industrial Relations Act 1990 . ‘ (3) However, this section has no effect on the Industrial Relations Act1990 , section 40. ‘ (4) Without limiting subsection (2), awards and industrial agreements do not apply to an excluded person. ‘ (5) A decision about an excluded matter can not be challenged, appealed against, reviewed, quashed, set aside, or called in question in another way, under the Judicial Review Act 1991 . ‘ (6) Subsection (5) does not apply to a decision about an officer who is employed on tenure and referred to in subsection (1), definition “excluded matter”, paragraph (a) or (b).’. © State of Queensland 1996