Public Service Management and Employment Amendment Regulation (No 6) 1991 (Qld)

Queensland Subordinate Legislation 1991 No. 179 Public Service Management and Employment Act 1988 PUBLIC SERVICE MANAGEMENT AND EMPLOYMENT AMENDMENT REGULATION (NO. 6) 1991 TABLE OF PROVISIONS Section Page S1hort title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3Amended regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 A4 mendment of s.43 (Higher duties allowance) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5Replacement of Part IIIA (TERMS AND CONDITIONS OF SENIOR EXECUTIVES WHO ARE OFFICERS) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 PART IIIA—TERMS AND CONDITIONS OF SENIOR EXECUTIVES WHO ARE OFFICERS Division 1—Terms and conditions 43A. Application of Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 43B. General rule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 43C. Entitlement to salary and remuneration benefits . . . . . . . . . . . . . 3 43D. Other terms and conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Division 2—Salary and remuneration benefits 43E. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 43F. Entitlement to salary and remuneration benefits . . . . . . . . . . . . . 4 43G. Making and variation of agreements . . . . . . . . . . . . . . . . . . . . . . 5 43H. Content of agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 43I. Remuneration package amount . . . . . . . . . . . . . . . . . . . . . . . . . . 6

2 Public Service Management and Employment Amendment Regulation (No.6) 1991 43J. 43K. 43L. 43M. 43N. 43P. 43Q. 43R. 43S. 43T. 43U. 43V. 43W. 43X. Senior Executive Service package points etc. . . . . . . . . . . . . . . 6 Determination of assessed work value and work value range . . 7 Allocation of package points . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Remuneration package maintenance . . . . . . . . . . . . . . . . . . . . . . 8 Remuneration benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Time and circumstances of making salary payments . . . . . . . . . 10 No remuneration for work outside ordinary hours . . . . . . . . . . . . 10 Annual leave loading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Remuneration benefits where salary not payable . . . . . . . . . . . . 11 Chief executives to comply with Commission guidelines . . . . . 11 Division 3—Other terms and conditions Telephone expense entitlement . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Expense reimbursement entitlement . . . . . . . . . . . . . . . . . . . . . . 12 Maintenance of terms and conditions on reduction . . . . . . . . . . 12 Amounts for purposes of certain entitlements . . . . . . . . . . . . . . . 12 Short title 1. This regulation may be cited as the Public Service Management and Employment Amendment Regulation (No. 6) 1991 . Commencement 2. This regulation commences on 1 January 1992. Amended regulation 3. The Public Service Management and Employment Regulation 1988 is amended as set out in this regulation.

3 Public Service Management and Employment Amendment Regulation (No.6) 1991 Amendment of s.43 (Higher duties allowance) 4. After section 43(5)— insert— ‘(6) For the purposes of this section, the minimum salary of a Senior Executive Service position of a particular level is the minimum amount set out in section 43X(1) in respect of positions of that level. ’. Replacement of Part IIIA (TERMS AND CONDITIONS OF SENIOR EXECUTIVES WHO ARE OFFICERS) 5. Part IIIA— omit, insert— ‘PART IIIA—TERMS AND CONDITIONS OF SENIOR EXECUTIVES WHO ARE OFFICERS ‘ Division 1—Terms and conditions ‘Application of Part ‘43A. This Part applies to senior executives who are officers. ‘General rule ‘43B. Except as provided in this Part, senior executives are employed on the same terms and conditions, not provided for by the Act or any other Act, as the terms and conditions on which officers who are not senior executives are employed. ‘Entitlement to salary and remuneration benefits ‘43C.(1) A senior executive is entitled to the salary and any remuneration benefits applicable under Division 2. ‘(2) This section is not intended to limit a senior executive’s entitlement to receive other kinds of remuneration under section 43B.

4 Public Service Management and Employment Amendment Regulation (No.6) 1991 ‘Other terms and conditions ‘43D. The other terms and conditions set out in Division 3 apply to senior executives. ‘ Division 2—Salary and remuneration benefits ‘Definitions ‘43E. In this Division— “package point” has the meaning given by section 43L; “remuneration benefit” has the meaning given by section 43N(1); “remuneration package amount” has the meaning given by section 43I; “work value range” has the meaning given by section 43K. ‘Entitlement to salary and remuneration benefits ‘43F.(1) A senior executive is entitled to receive salary of an amount worked out using the formula— remuneration package amount – cost of benefits where— “remuneration package amount” means the senior executive’s remuneration package amount; “cost of benefits” means— (a) if the senior executive is entitled to have one or more remuneration benefits provided under subsection (2) or (3)—the total cost from time to time of those remuneration benefits; or (b) in any other case—nil. ‘(2) A senior executive is entitled to have provided, in accordance with this Division, the remuneration benefits (if any) specified in an agreement under this Division.

5 Public Service Management and Employment Amendment Regulation (No.6) 1991 ‘(3) During the period before such an agreement is entered into, a senior executive is entitled to have provided, in accordance with this Division, the remuneration benefits (if any) specified in writing by the senior executive’s chief executive. ‘Making and variation of agreements ‘43G.(1) An agreement must be entered into between a senior executive and the senior executive’s chief executive on behalf of the Crown. ‘(2) The senior executive and the chief executive must enter into the agreement, in writing, as soon as practicable after— (a) if the senior executive is a senior executive on the commencement of this section—the commencement of this section; or (b) in any other case—the senior executive is appointed to a Senior Executive Service position. ‘(3) The agreement remains in force for so long as the senior executive remains a senior executive. ‘(4) Subject to subsections (5) and (6), the agreement may only be varied once in any period of 12 months. ‘(5) The agreement must be varied if the senior executive is promoted. ‘(6) The agreement may be varied at any time if the chief executive considers there are special reasons for doing so. ‘Content of agreements ‘43H.(1) The agreement must either— (a) state that no remuneration benefits are to be provided to the senior executive; or (b) specify the kinds of remuneration benefits that are to be provided to the senior executive. ‘(2) The total cost of any remuneration benefits specified must not be more than 50% of the senior executive’s remuneration package amount at the time the agreement is made or varied, as the case requires.

6 Public Service Management and Employment Amendment Regulation (No.6) 1991 ‘Remuneration package amount ‘43I. Subject to section 43M, the remuneration package amount in respect of a senior executive is that applicable to the package point specified in section 43J to which the senior executive is allocated under section 43L. ‘Senior Executive Service package points etc. ‘43J. The work value ranges, package points and remuneration package amounts specified in the following table apply to positions in the Senior Executive Service— Level of position 1 2 3 4 Work value range 1A 1A 1B 1B 2A 2A 2B 2B 2B 3A 3A 3B 3B 3B 4 4 4 Package point 1.1 1.2 1.3 1.4 2.1 2.2 2.3 2.4 2.5 3.1 3.2 3.3 3.4 3.5 4.1 4.2 4.3 Remuneration package amount $ 63 425 65 988 69 063 72 138 74 275 77 350 80 425 84 013 87 600 89 225 92 813 96 400 99 988 103 268 103 575 112 800 122 025

7 Public Service Management and Employment Amendment Regulation (No.6) 1991 ‘Determination of assessed work value and work value range ‘43K. The work value range applicable to a Senior Executive Service position is to be determined— (a) by assessing the work value of the position in accordance with work value assessment procedures for the time being approved by the Commission; and (b) by applying the following table— Level of position 1 1 2 2 3 3 4 Assessed work value 720—769 770—819 820—939 940—1119 1120—1279 1280—1519 1520 + Work value range 1A 1B 2A 2B 3A 3B 4 ‘Allocation of package points ‘43L.(1) When a person is appointed as a senior executive, the senior executive’s chief executive must, in accordance with subsection (2) or (3), determine the package point to which the executive is allocated. ‘(2) Subject to subsection (3), the chief executive must allocate the senior executive to a package point that— (a) is applicable under section 43J to the Senior Executive Service level allocated to the position; and (b) has under section 43J a work value range that is the same as the

8 Public Service Management and Employment Amendment Regulation (No.6) 1991 work value range of the position determined under section 43K. ‘(3) Subject to subsection (3), the chief executive may, in exceptional circumstances and after consulting the Commission, allocate the senior executive to a different package point than the one otherwise applicable under subsection (2), provided that the package point is applicable under section 43J to positions of the same Senior Executive Service level as the senior executive’s position. ‘(4) Where, immediately before the commencement of this section, a person was a senior executive, the senior executive is, on the commencement of this section, taken to be allocated under subsection (2) of this section to a package point that has the same number as the salary paypoint to which the senior executive was allocated under section 43F of this regulation as in force immediately before the commencement of this section. ‘(5) If— (a) the work value of a senior executive’s position has changed to such an extent that the work value range applicable to the position under section 43K is different from the work value range previously applicable to the position under that section or under section 43E of this regulation as in force immediately before the commencement of this section; but (b) the change in work value does not result in the upgrading of the position for the purposes of section 22(2) of the Act; the chief executive must, except in exceptional circumstances and after consulting the Commission, re-apply subsection (2) or (3) to allocate a new package point to the senior executive. ‘Remuneration package maintenance ‘43M.(1) If— (a) a change in the work value of a senior executive’s position results in the senior executive being allocated to a package point under section 43L(5); and

9 Public Service Management and Employment Amendment Regulation (No.6) 1991 (b) the senior executive’s remuneration package amount immediately after the allocation is less than his or her remuneration package amount immediately before; then, while the senior executive continues to hold the position or one with substantially similar duties, the senior executive’s remuneration package amount is increased by an amount equal to the difference between the remuneration package amounts in paragraph (b). ‘(2) If— (a) a person is appointed to a Senior Executive Service position; and (b) immediately before, the senior executive was an officer employed on a contract basis in the same position or one with substantially similar duties; and (c) the contract— (i) was entered into before the later day prescribed for the purposes of section 7(4)(a) of the Act; and (ii) contains provision for its renewal; and (d) the amount of the senior executive’s salary under the contract was more than the amount applicable under section 43X(1) (disregarding section 43X(2)) to the package point to which the senior executive was allocated on being appointed; then, while the senior executive continues to hold the position or one with substantially similar duties, the senior executive’s remuneration package amount is increased by the difference in the amounts in paragraph (d). ‘(3) If, immediately before the commencement of this section, a senior executive was entitled under section 43G of this regulation, as in force at that time, to an amount of additional salary, then, while the senior executive continues to hold the position (or one with substantially similar duties) held at that time, the senior executive’s remuneration package amount is increased by an amount equal to that additional salary. ‘Remuneration benefits ‘43N.(1) For the purposes of this Division, the following are remuneration benefits— (a) private use of a motor vehicle by a senior executive; or

10 Public Service Management and Employment Amendment Regulation (No.6) 1991 (b) the making of superannuation contributions in respect of a senior executive; or (c) the payment of a subscription in respect of a senior executive’s membership of any professional or occupational body; or (d) any other benefit of a kind approved by the Governor in Council for the purposes of this subsection. ‘(2) If any of the remuneration benefits is specified in an agreement under this Division, it must be provided in accordance with government policy from time to time. ‘(3) For the purposes of this Division, the cost of a remuneration benefit is the cost of providing the benefit, determined in accordance with government policy from time to time. ‘Time and circumstances of making salary payments ‘43P. The salary of a senior executive is payable at the same times, and in the same circumstances, as would be applicable if the senior executive were an officer other than a senior executive. ‘No remuneration for work outside ordinary hours ‘43Q. A senior executive is not entitled to additional remuneration for work performed outside ordinary hours. ‘Annual leave loading ‘43R. A senior executive is entitled to be paid such annual leave loading as the executive would be entitled to be paid if the senior executive were an officer other than a senior executive.

11 Public Service Management and Employment Amendment Regulation (No.6) 1991 ‘Remuneration benefits where salary not payable ‘43S. Where, in accordance with terms and conditions applicable under section 43B, a senior executive’s salary is not payable for a period, the senior executive is not entitled to receive any remuneration benefits during that period. ‘Chief executives to comply with Commission guidelines ‘43T.(1) The Commission may issue guidelines relating to the application of the provisions of this Part. ‘(2) Chief executives must comply with the guidelines. ‘Division 3—Other terms and conditions ‘Telephone expense entitlement ‘43U.(1) A senior executive is entitled to be paid the full service and equipment costs of a telephone installed in the senior executive’s residence. ‘(2) If— (a) there is not a telephone installed in the residence; or (b) the telephone installed in the residence is not appropriate having regard to the official duties of the senior executive; the chief executive may determine that the senior executive is entitled to be paid the costs of installing a telephone in the residence of the senior executive or such part of those costs as the chief executive considers appropriate. ‘(3) The senior executive is also entitled to be paid such part of telephone call charges, or such amounts for telephone call charges, for the telephone installed in the residence as is determined by the chief executive, having regard to the estimated official component of the telephone call charges.

12 Public Service Management and Employment Amendment Regulation (No.6) 1991 ‘Expense reimbursement entitlement ‘43V.(1) A senior executive is entitled to be reimbursed for all expenses necessarily incurred in the discharge of the senior executive’s duties and responsibilities. ‘(2) Subsection (1) applies only if reimbursement of the expenses is in accordance with government policy applying at the time. ‘Maintenance of terms and conditions on reduction ‘43W.(1) If, for reasons other than demotion because of unsatisfactory service, a person ceases to be a senior executive but remains an officer (other than a chief executive), subsection (2) applies. ‘(2) The terms and conditions of employment of the person applying immediately before the time at which he or she ceased to be a senior executive continue to apply for such period, not exceeding 12 months after that time, as the person continues to be an officer who is not a senior executive or a chief executive. ‘Amounts for purposes of certain entitlements ‘43X.(1) Subject to subsection (2), the determination of the entitlement of a senior executive to— (a) annual leave loading; or (b) higher duties payments; or (c) payments on cessation of employment; is to be made by applying the amount relating to the senior executive’s package point in the following table—

13 Public Service Management and Employment Amendment Regulation (No.6) 1991 Level of position 1 2 3 4 Package point 1.1 1.2 1.3 1.4 2.1 2.2 2.3 2.4 2.5 3.1 3.2 3.3 3.4 3.5 4.1 4.2 4.3 Salary $ 58 425 60 988 64 063 67 138 68 675 71 750 74 825 78 413 82 000 83 025 86 613 90 200 93 788 97 068 97 375 106 600 115 825 ‘(2) If the senior executive’s remuneration package amount is increased by an amount under section 43M, then, for the purposes of subsection (1), the amount set out in the table in that subsection in respect of the senior executive’s package point is to be increased by that amount. ’.

14 Public Service Management and Employment Amendment Regulation (No.6) 1991 ENDNOTES 1. Made by the Governor in Council on 19 December 1991. 2. Published in the Gazette on 21 December 1991. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Public Sector Management Commission. The State of Queensland 1991