Public Service Amendment Regulation (No. 3) 1997 (Qld)

Queensland Subordinate Legislation 1997 No. 400 Public Service Act 1996 PUBLIC SERVICE AMENDMENT REGULATION (No. 3) 1997 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Replacement of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Replacement of ss 26 and 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Division 1—Declared public sector units and applied provisions 26 Declared public sector units—Act, s 20 . . . . . . . . . . . . . . . . . . . . . . 3 27 Provisions of the Act applied under the Act, s 22 . . . . . . . . . . . . . . . 4 Division 2—Things prescribed because of the declaration of public sector entities or the application of applied provisions 27A Transfer or redeployment of employees under applied provisions . . 4 27B Application of appeal provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 27C Application of rulings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 6 Insertion of new div heading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 7 Omission of ss 29A and 29B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 8 Replacement of sch 1 (Government entities to which appeal provisions apply, and their heads) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 SCHEDULE 1 PUBLIC SECTOR UNITS, THEIR HEADS AND APPLIED PROVISIONS AND RULINGS

2 Public Service Amendment (No. 3) No. 400, 1997 9 Replacement of schs 4 and 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 SCHEDULE 4 DICTIONARY

s1 3 s5 Public Service Amendment (No. 3) No. 400, 1997 ˙ Short title 1. This regulation may be cited as the Public Service Amendment Regulation (No. 3) 1997 . ˙ Regulation amended 2. This regulation amends the Public Service Regulation 1997 . ˙ Commencement 3. This regulation commences on 1 December 1997 immediately after the commencement of the Public Service Amendment Regulation (No. 2)1997 . ˙ Replacement of s 3 (Definitions) 4. Section 3— omit, insert — ˙ ‘ Dictionary ‘ 3. The dictionary in schedule 4 defines particular words used in this regulation.’. ˙ Replacement of ss 26 and 27 5. Sections 26 and 27— omit, insert — ‘ Division 1—Declared public sector units and applied provisions ˙ ‘ Declared public sector units—Act, s 20 ‘ 26. An entity mentioned in schedule 1, column 1 ( “column 1 entity” ) that is not a public sector unit at the commencement of this section is declared to be a public sector unit.

s5 4 s5 Public Service Amendment (No. 3) No. 400, 1997 ˙ ‘ Provisions of the Act applied under the Act, s 22 ‘ 27.(1) The provisions of the Act applied to a column 1 entity declared to be a public sector unit under section 26 are stated in schedule 1, column 3, paragraph (a) opposite the entity’s name. ‘ (2) The provisions of the Act applied to a column 1 entity’s public sector unit employees stated in schedule 1, column 3, paragraph (b) opposite the entity’s name are stated in the paragraph. ‘ (3) A provision applied to an entity under subsection (1) applies to the entity and its public sector unit employees as if— (a) the entity were a department; and (b) the head of the entity stated in schedule 1, column 2 opposite the entity’s name were the chief executive of the department; and (c) the employees were public service employees. ‘ (4) A provision applied to an entity’s public sector unit employees under subsection (2) applies to the entity and employees as if— (a) the entity were a department; and (b) the head of the entity stated in schedule 1, column 2 opposite the entity’s name were the chief executive of the department; and (c) the employees were public service employees. ‘ (5) If section 34 of the Act applies to an entity or an entity’s public sector unit employees under subsection (1) or (2), the section applies only to the extent that a ruling made under the section applies to the entity and its public sector unit employees under section 27C. 1 ‘ Division 2—Things prescribed because of the declaration of public sector entities or the application of applied provisions ˙ ‘ Transfer or redeployment of employees under applied provisions ‘ 27A.(1) On the transfer or redeployment of a public sector unit employee of a column 1 entity under an applied provision— 1 Section 27C (Application of commissioner’s rulings)

s5 5 s5 Public Service Amendment (No. 3) No. 400, 1997 (a) the employee is employed under the Act; and (b) the employee retains and is entitled to all rights that have accrued to the employee because of the person’s employment by the column 1 entity; and (c) the employee’s service as an employee of the column 1 entity is to be regarded as service of a like nature in the public service for deciding the employee’s rights as a public service employee; and (d) the transfer or redeployment does not break the employee’s continuity of service. ‘ (2) On the transfer or redeployment of a public service employee to or into a column 1 entity under an applied provision— (a) the employee is employed in accordance with the Act under which the entity is established; and (b) the employee retains and is entitled to all rights that have accrued to the employee because of the person’s employment as a public service employee; and (c) the employee’s service as a public service employee is to be regarded as service of a like nature with the column 1 entity for deciding the employee’s rights as an employee of the column 1 entity; and (d) the transfer or redeployment does not break the employee’s continuity of service. ˙ ‘ Application of appeal provisions ‘ 27B.(1) This section applies to a column 1 entity to which part 7 of the Act applies. ‘ (2) The commissioner must declare, under a directive, the employees of the column 1 entity to whom section 95(1)(g) 2 of the Act applies as if they were senior executives or senior officers. ‘ (3) The commissioner may make the declaration only if the commissioner considers that the employee is performing duties that would, 2 Section 95 (Decisions against which appeals may not be made)

s6 6 s8 Public Service Amendment (No. 3) No. 400, 1997 if the employee were a public service officer, be duties of— (a) for an employee to whom the section is to apply as if the employee were a senior executive—a senior executive; or (b) for an employee to whom the section is to apply as if the employee were a senior officer—a senior officer. ˙ ‘ Application of rulings ‘ 27C. For a column 1 entity, a ruling stated in schedule 1, column 3, paragraph (c) opposite the entity’s name applies to the entity and its public sector unit employees mentioned in column 3, paragraph (b) with all necessary changes.’. ˙ Insertion of new div heading 6. Before section 28, as heading— insert — ‘ Division 3—General ’. ˙ Omission of ss 29A and 29B 7. Sections 29A and 29B— omit. ˙ Replacement of sch 1 (Government entities to which appeal provisions apply, and their heads) 8. Schedule 1— omit, insert —

s8 7 s8 Public Service Amendment (No. 3) No. 400, 1997 ‘ SCHEDULE 1 ‘ PUBLIC SECTOR UNITS, THEIR HEADS AND APPLIED PROVISIONS AND RULINGS sections 26, 27 and 27C column 1 Public sector units 1. Burdekin Agricultural College 2. Dalby Agricultural College column 2 Public sector unit heads director director column 3 Applied provisions and rulings (a) sections 34, 81, 114 and 117 and part 7; (b) nil; (c) grievance procedure ruling and rulings 11/96, 5/97, 18/97, 21/97 and 22/97 (other than part 8 of the ruling). (a) sections 34, 81, 114 and 117 and part 7; (b) nil; (c) grievance procedure ruling and rulings 11/96, 5/97, 18/97, 21/97 and 22/97 (other than part 8 of the ruling).

s8 8 s8 Public Service Amendment (No. 3) No. 400, 1997 3. Department of Health 4. Emerald Agricultural College 5. Legal Aid Queensland chief executive director chief executive officer (a) not applicable; (b) for health service employees—sections 3an4d, 8p1a,rt171;4 and 117 (c) for health service employees—grievance rpurolicnegdsure1r1u/l9in6g, an5d/97, 18/97, 21/97 and 22/97. (a) sections 34, 81, 114 and 117 and part 7; (b) nil; (c) grievance procedure ruling and rulings 11/96, 5/97, 18/97, 21/97 and 22/97 (other than part 8 of the ruling). (a) sections 34, 77, 78, 79(2), (3) and (5), 80, 81, 85, 114 and 117 and parts 6 and 7; (b) nil; (c) grievance procedure ruling and rulings 5/96 (other than a re qu ire me nt to advertise vacancies in the gazette), 6/96, 11/96, 5/97, 18/97 and 21/97, 22/97 (other than part 8 of the ruling) and 23/97.

s8 9 s8 Public Service Amendment (No. 3) No. 400, 1997 6. Longreach Pastoral College 7. Queensland Ambulance Service 8. Queensland Art Gallery 9. Queensland Building Services Authority director commissioner director general manager (a) sections 34, 81, 114 and 117 and part 7; (b) nil; (c) rgurileinvganceapnrdocedruurleings 11/96, 5/97, 18/97, 21/97 and 22/97 (other than part 8 of the ruling). (a) sections 34, 78, 81, 114 and 117 and part 7; (b) nil; (c) grievance procedure ruling and rulings 6/96, 11/96, 5/97, 18/97 and 20/97 to 22/97. (a) sections 34, 81, 114 and 117 and part 7; (b) nil; (c) grievance procedure ruling and rulings 11/96, 5/97, 18/97 and 21/97, 22/97 (other than part 8 of the ruling) and 23/97. (a) sections 34, 79(3) and (5), 80, 81, 114 and 117 and part 7; (b) nil; (c) grievance procedure ruling and rulings 11/96, 5/97, 18/97 and 21/97, 22/97 (other than part 8 of the ruling) and 23/97.

s 8 10 s 8 Public Service Amendment (No. 3) No. 400, 1997 10. Queensland Coal Board 11. Queensland Corrective Services Commission 12. Queensland Cultural Centre Trust 13. Queensland Fire and Rescue Authority chairperson director-general director chief commissioner (a) sections 34, 81, 114 and 117 and part 7; (b) nil; (c) grievance procedure ruling and rulings 11/96, 5/97, 18/97, 21/97 and 22/97 (other than part 8 of the ruling). (a) sections 34, 79(3) and (5), 80, 81, 114 and 117 and part 7; (b) nil; (c) grievance procedure ruling and rulings 11/96, 5/97, 18/97 and 21/97, 22/97 (other than part 8 of the ruling) and 23/97. (a) sections 34, 79(3) and (5), 80, 81, 114 and 117 and part 7; (b) nil; (c) grievance procedure ruling and rulings 11/96, 5/97, 18/97 and 20/97, 21/97, 22/97 (other than part 8 of the ruling) and 23/97. (a) sections 34, 68, 78, 79(3) and (5), 80 to 82, 114 and 117 and part 7; (b) nil; (c) rulings—

s 8 11 s 8 Public Service Amendment (No. 3) No. 400, 1997 14. Queensland Livestock and Meat Authority chief executive officer (i) for employees other than auxiliary fire officers—6/96, 11/96 (other than part 3), 5/97 (other than clause 5(e) and (k)), 18/97 clause 5(e), 20/97 to 22/97; or (ii) for auxiliary fire officers—11/96, part 2. (a) nil; (b) f or e m pl o y ee s appointed as veterinary pu blic health inspectors—sections 34, 79(3) and (5), 80, 81, 114 and 117 and part 7; (c) f or e m pl o y ee s appointed as veterinary pu blic health inspectors— (i) before 1 December 1997—grievance procedure ruling and rulings 11/96, 5/97, 18/97, 20/97, 21/97 and 22/97 (other than part 8); or (ii) on or after 1 D e c em b e r 1997—grievance procedure ruling

s 8 12 s 8 Public Service Amendment (No. 3) No. 400, 1997 15. Queensland Museum 16. Queensland Nursing Council 17. Residential Tenancies Authority director executive officer chief executive officer and rulings 11/96, 5/97, 18/97, 21/97 (other than clauses 6.3 to 6.5) and 22/97 (other than part 8). (a) sections 34, 81, 114 and 117 and part 7; (b) nil; (c) grievance procedure ruling and rulings 11/96, 5/97, 18/97 and t2h1a/n97, p2a2r/t978(othoefr the ruling) and 23/97. (a) sections 34, 63, 77, 81, 83 and 117 and parts 7 and 9; (b) nil; (c) grievance procedure ruling and rulings 1/96, 5/96, 8/96 to 11/96, 2/97, 3/97, 5/97, 8/97 to 11/97, 13/97, 14/97, 18/97, 19/97 and 21/97 22/97 (other than part 8 of the ruling) and 23/97. (a) sections 34, 55, 57(1), 79(3) and (5), 82 to 85 and 117 and parts 6 and 7; (b) nil; (c) grievance procedure 8ru/9li6n,g1a0n/d96ru, l1in1g/9s61/a9n6d, 3/97.

s 9 13 s 9 Public Service Amendment (No. 3) No. 400, 1997 18. Royal Queensland Theatre Company 19. State Library of Queensland director state librarian (a) sections 34, 81, 114 and 117 and part 7; (b) nil; (c) rulings 11/96 (other than part 3 of the ruling), 5/97, 18/97, 21/97 and 22/97 (other than part 8 of the ruling) and 23/97. (a) sections 34, 81, 114 and 117 and part 7; (b) nil; (c) grievance procedure ruling and rulings 11/96, 5/97, 18/97 and 21/97, 22/97 (other than part 8 of the ruling) and 23/97’. ˙ Replacement of schs 4 and 5 9. Schedules 4 and 5— omit, insert — ‘ SCHEDULE 4 ‘ DICTIONARY section 3 “appellant” means a person who has given the commissioner a notice under section 18. “applied provision” means a provision applied to a column 1 entity or the entity’s public sector unit employees under section 27(1) or (2).

s 9 14 s 9 Public Service Amendment (No. 3) No. 400, 1997 “column 1 entity” see section 26. “grievance procedure ruling” means the Public Sector Management Standard for Grievance Procedures dated June 1991. “health service employee” means a person appointed under the HealthServices Act 1991 , section 24. “performance” , of a public service employee, means performance of the employee’s duties. “public sector unit employee” , of a column 1 entity, means an employee of the entity who is not a public service employee.’. ENDNOTES 1. Made by the Governor in Council on 27 November 1997. 2. Notified in the gazette on 28 November 1997. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Office of the Public Service. © State of Queensland 1997