{"id":"qld:act-2010-036","name":"Ministerial and Other Office Holder Staff Act 2010","slug":"ministerial-and-other-office-holder-staff-act-2010","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"36 of 2010","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29871,"registerId":"qld-act-2010-036-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Ministerial and Other Office Holder Staff Act 2010 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Dictionary","content":"### sec.3 Dictionary\n\nThe dictionary in the schedule defines particular words used in this Act.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Main purposes","content":"### sec.4 Main purposes\n\nThe main purposes of this Act are—\nto provide for the employment of staff in the offices of particular members of the Legislative Assembly; and\nto provide for the proper work performance and conduct of the staff members.\n- (a) to provide for the employment of staff in the offices of particular members of the Legislative Assembly; and\n- (b) to provide for the proper work performance and conduct of the staff members.","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"Employment of staff members","content":"# Employment of staff members","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Functions of staff member","content":"### sec.5 Functions of staff member\n\nThe functions of a staff member are the functions given to the staff member, under the staff member’s contract of employment and by directions mentioned in section 14 , to help the employing member to effectively discharge the employing member’s duties.\nproviding advice\nproviding administrative support\ndeveloping policy proposals\nfor a ministerial staff member, working with public sector units to implement government policies\npreparing communication materials\nliaising with stakeholders\n- • providing advice\n- • providing administrative support\n- • developing policy proposals\n- • for a ministerial staff member, working with public sector units to implement government policies\n- • preparing communication materials\n- • liaising with stakeholders","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Employment of ministerial staff member","content":"### sec.6 Employment of ministerial staff member\n\nThe chief executive may, on the Premier’s recommendation, employ a person as a staff member in the office of a stated Minister.","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Employment of staff member of Leader of the Opposition","content":"### sec.7 Employment of staff member of Leader of the Opposition\n\nThe chief executive may, on the recommendation of the Leader of the Opposition, employ a person as a staff member in the office of the Leader of the Opposition.","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"Employment of staff member of other non-government member","content":"### sec.8 Employment of staff member of other non-government member\n\nThis section applies to a non-government member, other than the Leader of the Opposition, who is—\nthe leader of a political party; or\nan independent member.\nThe chief executive may, on the member’s recommendation, employ a person as a staff member in the member’s office.\n(sec.8-ssec.1) This section applies to a non-government member, other than the Leader of the Opposition, who is— the leader of a political party; or an independent member.\n(sec.8-ssec.2) The chief executive may, on the member’s recommendation, employ a person as a staff member in the member’s office.\n- (a) the leader of a political party; or\n- (b) an independent member.","sortOrder":9},{"sectionNumber":"sec.9","sectionType":"section","heading":"No entitlement to staffing of office","content":"### sec.9 No entitlement to staffing of office\n\nSections 6 to 8 do not confer an entitlement on any member of the Legislative Assembly to have a staff member, or any particular number of staff members, employed in the office of the member of the Legislative Assembly.\nDecisions about the employment of staff members depend on resources available to the chief executive for the purpose.\nThe level of need for the employment of a staff member for a non-government member mentioned in section 8 may be affected, among other matters, by whether the member has an increased workload because of the particular composition of the Legislative Assembly.\n- 1 Decisions about the employment of staff members depend on resources available to the chief executive for the purpose.\n- 2 The level of need for the employment of a staff member for a non-government member mentioned in section 8 may be affected, among other matters, by whether the member has an increased workload because of the particular composition of the Legislative Assembly.","sortOrder":10},{"sectionNumber":"sec.10","sectionType":"section","heading":"Basis of employment","content":"### sec.10 Basis of employment\n\nThe employment of a person as a staff member is on the terms and conditions stated in the person’s contract of employment.\nThe contract may include terms and conditions about any of the following matters—\nremuneration;\nthe term of employment;\nending the employment before the end of the stated term;\nsuspension from duty or other disciplinary action.\nSubsection (2) does not limit the matters that may be dealt with in the stated terms and conditions.\nThe employment may be full-time or part-time.\nThe employment may be on a temporary or casual basis.\n(sec.10-ssec.1) The employment of a person as a staff member is on the terms and conditions stated in the person’s contract of employment.\n(sec.10-ssec.2) The contract may include terms and conditions about any of the following matters— remuneration; the term of employment; ending the employment before the end of the stated term; suspension from duty or other disciplinary action.\n(sec.10-ssec.3) Subsection (2) does not limit the matters that may be dealt with in the stated terms and conditions.\n(sec.10-ssec.4) The employment may be full-time or part-time.\n(sec.10-ssec.5) The employment may be on a temporary or casual basis.\n- (a) remuneration;\n- (b) the term of employment;\n- (c) ending the employment before the end of the stated term;\n- (d) suspension from duty or other disciplinary action.","sortOrder":11},{"sectionNumber":"sec.11","sectionType":"section","heading":"Nature of employment","content":"### sec.11 Nature of employment\n\nA person employed as a staff member—\ndoes not, only because of the employment, become a public service employee; and\nis an employee for the Industrial Relations Act 2016 ; and\nis an employee of the State.\nA delegation may be made to a staff member under the Financial Accountability Act 2009 , section 76 .\ns 11 amd 2016 No. 63 s 1157 sch 6\n- (a) does not, only because of the employment, become a public service employee; and\n- (b) is an employee for the Industrial Relations Act 2016 ; and\n- (c) is an employee of the State. Note for paragraph (c) — A delegation may be made to a staff member under the Financial Accountability Act 2009 , section 76 .","sortOrder":12},{"sectionNumber":"sec.12","sectionType":"section","heading":"Superannuation","content":"### sec.12 Superannuation\n\nFor the Superannuation (State Public Sector) Act 1990 , a staff member is taken to be an employee of the department.","sortOrder":13},{"sectionNumber":"sec.13","sectionType":"section","heading":"Preservation of public service employee’s rights","content":"### sec.13 Preservation of public service employee’s rights\n\nThis section applies if, immediately before being employed as a staff member, a person was employed on tenure as a public service employee.\nThe person keeps all rights accrued or accruing to the person as a public service employee as if service as a staff member were a continuation of service as a public service employee.\nIf the person’s contract of employment as a staff member ends other than by disciplinary action, or the contract expires and is not renewed or replaced by another contract of employment as a staff member—\nthe person becomes a public service employee employed on tenure—\nat the classification level at which the person would have been employed if the person had continued in employment as a public service employee on tenure; and\non the remuneration to which the person would have been entitled if the person had continued in employment as a public service employee on tenure; and\nin the department in which the person was employed immediately before being employed as a staff member or, if the department has changed, the department that is the nearest practical equivalent; and\nthe person’s service as a staff member is taken to be service as a public service employee for working out the person’s rights as a public service employee.\n(sec.13-ssec.1) This section applies if, immediately before being employed as a staff member, a person was employed on tenure as a public service employee.\n(sec.13-ssec.2) The person keeps all rights accrued or accruing to the person as a public service employee as if service as a staff member were a continuation of service as a public service employee.\n(sec.13-ssec.3) If the person’s contract of employment as a staff member ends other than by disciplinary action, or the contract expires and is not renewed or replaced by another contract of employment as a staff member— the person becomes a public service employee employed on tenure— at the classification level at which the person would have been employed if the person had continued in employment as a public service employee on tenure; and on the remuneration to which the person would have been entitled if the person had continued in employment as a public service employee on tenure; and in the department in which the person was employed immediately before being employed as a staff member or, if the department has changed, the department that is the nearest practical equivalent; and the person’s service as a staff member is taken to be service as a public service employee for working out the person’s rights as a public service employee.\n- (a) the person becomes a public service employee employed on tenure— (i) at the classification level at which the person would have been employed if the person had continued in employment as a public service employee on tenure; and (ii) on the remuneration to which the person would have been entitled if the person had continued in employment as a public service employee on tenure; and (iii) in the department in which the person was employed immediately before being employed as a staff member or, if the department has changed, the department that is the nearest practical equivalent; and\n- (i) at the classification level at which the person would have been employed if the person had continued in employment as a public service employee on tenure; and\n- (ii) on the remuneration to which the person would have been entitled if the person had continued in employment as a public service employee on tenure; and\n- (iii) in the department in which the person was employed immediately before being employed as a staff member or, if the department has changed, the department that is the nearest practical equivalent; and\n- (b) the person’s service as a staff member is taken to be service as a public service employee for working out the person’s rights as a public service employee.\n- (i) at the classification level at which the person would have been employed if the person had continued in employment as a public service employee on tenure; and\n- (ii) on the remuneration to which the person would have been entitled if the person had continued in employment as a public service employee on tenure; and\n- (iii) in the department in which the person was employed immediately before being employed as a staff member or, if the department has changed, the department that is the nearest practical equivalent; and","sortOrder":14},{"sectionNumber":"pt.2A","sectionType":"part","heading":"Assessing suitability to be a staff member","content":"# Assessing suitability to be a staff member","sortOrder":15},{"sectionNumber":"pt.2A-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":16},{"sectionNumber":"sec.13A","sectionType":"section","heading":"Definitions for part","content":"### sec.13A Definitions for part\n\nIn this part—\ncriminal history see the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 3 .\ncriminal history report means a report given under section 13D .\ns 13A ins 2020 No. 25 s 3","sortOrder":17},{"sectionNumber":"pt.2A-div.2","sectionType":"division","heading":"Obtaining criminal histories","content":"## Obtaining criminal histories","sortOrder":18},{"sectionNumber":"sec.13B","sectionType":"section","heading":"Chief executive may ask for consent to obtain criminal history","content":"### sec.13B Chief executive may ask for consent to obtain criminal history\n\nIf the chief executive proposes to employ a person as a staff member, the chief executive may ask the person for written consent for the chief executive to obtain the person’s criminal history.\nSubsection (1) applies even if the person is employed as a staff member when the chief executive proposes to employ the person.\ns 13B ins 2020 No. 25 s 3\n(sec.13B-ssec.1) If the chief executive proposes to employ a person as a staff member, the chief executive may ask the person for written consent for the chief executive to obtain the person’s criminal history.\n(sec.13B-ssec.2) Subsection (1) applies even if the person is employed as a staff member when the chief executive proposes to employ the person.","sortOrder":19},{"sectionNumber":"sec.13C","sectionType":"section","heading":"Refusing consent","content":"### sec.13C Refusing consent\n\nThis section applies if the person does not consent, or withdraws the person’s consent, to the chief executive obtaining the person’s criminal history.\nIf the person is not employed as a staff member, the chief executive may decide not to consider the person for employment as a staff member.\nIf the person is a staff member, the person’s employing member or, if the person is a ministerial staff member, the Premier, may prevent the person from performing any further relevant duties.\nFor subsection (3) , duties are relevant duties if, because of the nature of the duties, the employing member or Premier considers it may be necessary to have regard to the criminal history of a person who is or will be performing the duties.\ns 13C ins 2020 No. 25 s 3\n(sec.13C-ssec.1) This section applies if the person does not consent, or withdraws the person’s consent, to the chief executive obtaining the person’s criminal history.\n(sec.13C-ssec.2) If the person is not employed as a staff member, the chief executive may decide not to consider the person for employment as a staff member.\n(sec.13C-ssec.3) If the person is a staff member, the person’s employing member or, if the person is a ministerial staff member, the Premier, may prevent the person from performing any further relevant duties.\n(sec.13C-ssec.4) For subsection (3) , duties are relevant duties if, because of the nature of the duties, the employing member or Premier considers it may be necessary to have regard to the criminal history of a person who is or will be performing the duties.","sortOrder":20},{"sectionNumber":"sec.13D","sectionType":"section","heading":"Obtaining criminal history with consent","content":"### sec.13D Obtaining criminal history with consent\n\nThis section applies if the person gives the chief executive written consent to the chief executive obtaining the person’s criminal history.\nThe chief executive may ask the police commissioner for—\na written report about the person’s criminal history; and\na brief description of the circumstances of a conviction mentioned in the criminal history.\nThe request may include the following—\nthe person’s name and any other name the chief executive believes the person may use or may have used;\nthe person’s date and place of birth, gender and address.\nThe police commissioner must comply with the request.\nHowever, the duty to comply applies only to information in the police commissioner’s possession or to which the police commissioner has access.\ns 13D ins 2020 No. 25 s 3\n(sec.13D-ssec.1) This section applies if the person gives the chief executive written consent to the chief executive obtaining the person’s criminal history.\n(sec.13D-ssec.2) The chief executive may ask the police commissioner for— a written report about the person’s criminal history; and a brief description of the circumstances of a conviction mentioned in the criminal history.\n(sec.13D-ssec.3) The request may include the following— the person’s name and any other name the chief executive believes the person may use or may have used; the person’s date and place of birth, gender and address.\n(sec.13D-ssec.4) The police commissioner must comply with the request.\n(sec.13D-ssec.5) However, the duty to comply applies only to information in the police commissioner’s possession or to which the police commissioner has access.\n- (a) a written report about the person’s criminal history; and\n- (b) a brief description of the circumstances of a conviction mentioned in the criminal history.\n- (a) the person’s name and any other name the chief executive believes the person may use or may have used;\n- (b) the person’s date and place of birth, gender and address.","sortOrder":21},{"sectionNumber":"sec.13E","sectionType":"section","heading":"Criminal history no longer required to be obtained","content":"### sec.13E Criminal history no longer required to be obtained\n\nThis section applies if—\nthe chief executive has, under section 13D , asked the police commissioner to give the chief executive a written report about a person’s criminal history; and\nthe chief executive decides the criminal history is no longer required.\nThe chief executive must, by written notice, tell the police commissioner that the requested report is no longer required.\nIf the police commissioner is notified as mentioned in subsection (2) before the police commissioner has given the requested report to the chief executive, the police commissioner must not give it to the chief executive.\ns 13E ins 2020 No. 25 s 3\n(sec.13E-ssec.1) This section applies if— the chief executive has, under section 13D , asked the police commissioner to give the chief executive a written report about a person’s criminal history; and the chief executive decides the criminal history is no longer required.\n(sec.13E-ssec.2) The chief executive must, by written notice, tell the police commissioner that the requested report is no longer required.\n(sec.13E-ssec.3) If the police commissioner is notified as mentioned in subsection (2) before the police commissioner has given the requested report to the chief executive, the police commissioner must not give it to the chief executive.\n- (a) the chief executive has, under section 13D , asked the police commissioner to give the chief executive a written report about a person’s criminal history; and\n- (b) the chief executive decides the criminal history is no longer required.","sortOrder":22},{"sectionNumber":"pt.2A-div.3","sectionType":"division","heading":"Use of criminal histories and related matters","content":"## Use of criminal histories and related matters","sortOrder":23},{"sectionNumber":"sec.13F","sectionType":"section","heading":"Assessment of suitability","content":"### sec.13F Assessment of suitability\n\nIf the chief executive obtains a person’s criminal history under this part, the chief executive must—\ngive a copy of the criminal history to—\nif the person is proposed to be employed as a ministerial staff member—the Premier; or\notherwise—the person’s proposed employing member; and\nconsider the criminal history, in consultation with the member to whom a copy of the criminal history is given, in making an assessment about the person’s suitability for employment as a staff member.\ns 13F ins 2020 No. 25 s 3\n- (a) give a copy of the criminal history to— (i) if the person is proposed to be employed as a ministerial staff member—the Premier; or (ii) otherwise—the person’s proposed employing member; and\n- (i) if the person is proposed to be employed as a ministerial staff member—the Premier; or\n- (ii) otherwise—the person’s proposed employing member; and\n- (b) consider the criminal history, in consultation with the member to whom a copy of the criminal history is given, in making an assessment about the person’s suitability for employment as a staff member.\n- (i) if the person is proposed to be employed as a ministerial staff member—the Premier; or\n- (ii) otherwise—the person’s proposed employing member; and","sortOrder":24},{"sectionNumber":"sec.13G","sectionType":"section","heading":"Destruction of reports and notices","content":"### sec.13G Destruction of reports and notices\n\nThis section applies if—\na criminal history report about a person is no longer required to be kept for the purpose for which it was requested under this part; or\na notice given to the chief executive under section 13I is no longer required to be kept for assessing a person’s suitability to perform relevant duties within the meaning of section 13C .\nThe chief executive must destroy the report, the notice and any other document containing information contained in the report or notice.\ns 13G ins 2020 No. 25 s 3\n(sec.13G-ssec.1) This section applies if— a criminal history report about a person is no longer required to be kept for the purpose for which it was requested under this part; or a notice given to the chief executive under section 13I is no longer required to be kept for assessing a person’s suitability to perform relevant duties within the meaning of section 13C .\n(sec.13G-ssec.2) The chief executive must destroy the report, the notice and any other document containing information contained in the report or notice.\n- (a) a criminal history report about a person is no longer required to be kept for the purpose for which it was requested under this part; or\n- (b) a notice given to the chief executive under section 13I is no longer required to be kept for assessing a person’s suitability to perform relevant duties within the meaning of section 13C .","sortOrder":25},{"sectionNumber":"sec.13H","sectionType":"section","heading":"Police commissioner must not use information given under this part","content":"### sec.13H Police commissioner must not use information given under this part\n\nInformation given to the police commissioner by the chief executive under section 13D (3) must not be accessed, disclosed or used for any purpose, other than a purpose under this part or any other purpose relevant to law enforcement.\nHowever, subsection (1) does not apply to information obtained by the police commissioner before the chief executive gave the information under section 13D (3) .\ns 13H ins 2020 No. 25 s 3\n(sec.13H-ssec.1) Information given to the police commissioner by the chief executive under section 13D (3) must not be accessed, disclosed or used for any purpose, other than a purpose under this part or any other purpose relevant to law enforcement.\n(sec.13H-ssec.2) However, subsection (1) does not apply to information obtained by the police commissioner before the chief executive gave the information under section 13D (3) .","sortOrder":26},{"sectionNumber":"pt.2A-div.4","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":27},{"sectionNumber":"sec.13I","sectionType":"section","heading":"Prosecuting authority to notify chief executive about committal, conviction etc.","content":"### sec.13I Prosecuting authority to notify chief executive about committal, conviction etc.\n\nThis section applies if the police commissioner or the director of public prosecutions (each a prosecuting authority ) is aware that a person is employed as a staff member and, after the commencement of this section, the person is charged with a relevant offence.\nIf the person is committed by a court for trial for the relevant offence, the prosecuting authority must, within 7 days after the committal, give notice to the chief executive of the following—\nthe person’s name;\nthe court;\nparticulars of the offence;\nthe date of the committal;\nthe court to which the person was committed.\nIf the person is convicted before a court of the relevant offence, the prosecuting authority must, within 7 days after the conviction, give notice to the chief executive of the following—\nthe person’s name;\nthe court;\nparticulars of the offence;\nthe date of the conviction;\nthe sentence imposed by the court.\nIf the person has appealed against the conviction mentioned in subsection (3) and the appeal is finally decided or has otherwise ended, the prosecuting authority must, within 7 days after the decision or the day the appeal otherwise ends, give notice to the chief executive of the following—\nthe person’s name;\nparticulars of the offence;\nthe date of the decision or other ending of the appeal;\nif the appeal was decided—\nthe court in which it was decided; and\nparticulars of the decision.\nIf the prosecution process for the relevant offence ends without the person being convicted of the offence, the prosecuting authority must, within 7 days after the prosecution process ends, give notice to the chief executive of the following—\nthe person’s name;\nif relevant, the court in which the prosecution process ended;\nparticulars of the offence;\nthe date the prosecution process ended.\nFor subsection (5) , the prosecution process ends if—\nan indictment was presented against the person but a nolle prosequi is entered on the indictment or the person is acquitted; or\nthe prosecution process otherwise ends.\nIn this section—\ndisqualifying offence see the Working with Children Check Act 2000 , section 16 .\nrelevant offence means—\nan indictable offence; or\na disqualifying offence that is not an indictable offence.\ns 13I ins 2020 No. 25 s 3\namd 2024 No. 50 s 140 sch 1 ; 2024 No. 49 s 130 s ch 4 pt 1\n(sec.13I-ssec.1) This section applies if the police commissioner or the director of public prosecutions (each a prosecuting authority ) is aware that a person is employed as a staff member and, after the commencement of this section, the person is charged with a relevant offence.\n(sec.13I-ssec.2) If the person is committed by a court for trial for the relevant offence, the prosecuting authority must, within 7 days after the committal, give notice to the chief executive of the following— the person’s name; the court; particulars of the offence; the date of the committal; the court to which the person was committed.\n(sec.13I-ssec.3) If the person is convicted before a court of the relevant offence, the prosecuting authority must, within 7 days after the conviction, give notice to the chief executive of the following— the person’s name; the court; particulars of the offence; the date of the conviction; the sentence imposed by the court.\n(sec.13I-ssec.4) If the person has appealed against the conviction mentioned in subsection (3) and the appeal is finally decided or has otherwise ended, the prosecuting authority must, within 7 days after the decision or the day the appeal otherwise ends, give notice to the chief executive of the following— the person’s name; particulars of the offence; the date of the decision or other ending of the appeal; if the appeal was decided— the court in which it was decided; and particulars of the decision.\n(sec.13I-ssec.5) If the prosecution process for the relevant offence ends without the person being convicted of the offence, the prosecuting authority must, within 7 days after the prosecution process ends, give notice to the chief executive of the following— the person’s name; if relevant, the court in which the prosecution process ended; particulars of the offence; the date the prosecution process ended.\n(sec.13I-ssec.6) For subsection (5) , the prosecution process ends if— an indictment was presented against the person but a nolle prosequi is entered on the indictment or the person is acquitted; or the prosecution process otherwise ends.\n(sec.13I-ssec.7) In this section— disqualifying offence see the Working with Children Check Act 2000 , section 16 . relevant offence means— an indictable offence; or a disqualifying offence that is not an indictable offence.\n- (a) the person’s name;\n- (b) the court;\n- (c) particulars of the offence;\n- (d) the date of the committal;\n- (e) the court to which the person was committed.\n- (a) the person’s name;\n- (b) the court;\n- (c) particulars of the offence;\n- (d) the date of the conviction;\n- (e) the sentence imposed by the court.\n- (a) the person’s name;\n- (b) particulars of the offence;\n- (c) the date of the decision or other ending of the appeal;\n- (d) if the appeal was decided— (i) the court in which it was decided; and (ii) particulars of the decision.\n- (i) the court in which it was decided; and\n- (ii) particulars of the decision.\n- (i) the court in which it was decided; and\n- (ii) particulars of the decision.\n- (a) the person’s name;\n- (b) if relevant, the court in which the prosecution process ended;\n- (c) particulars of the offence;\n- (d) the date the prosecution process ended.\n- (a) an indictment was presented against the person but a nolle prosequi is entered on the indictment or the person is acquitted; or\n- (b) the prosecution process otherwise ends.\n- (a) an indictable offence; or\n- (b) a disqualifying offence that is not an indictable offence.","sortOrder":28},{"sectionNumber":"sec.13J","sectionType":"section","heading":"False or misleading statements in consent","content":"### sec.13J False or misleading statements in consent\n\nA person must not give the chief executive a consent mentioned in section 13B , or another document for this part, that the person knows contains information that is false or misleading in a material particular.\nMaximum penalty—100 penalty units.\ns 13J ins 2020 No. 25 s 3","sortOrder":29},{"sectionNumber":"sec.13K","sectionType":"section","heading":"Confidentiality","content":"### sec.13K Confidentiality\n\nIf a person obtains criminal history information in carrying out functions or performing duties as the chief executive, a Minister, the Leader of the Opposition, a non-government member or a staff member, the person must not disclose the criminal history information to any other person unless the disclosure is permitted under subsection (2) .\nMaximum penalty—100 penalty units.\nA person is permitted to disclose criminal history information about an individual to another person—\nif the other person is the chief executive, a Minister, the Leader of the Opposition, a non-government member or a staff member, for the purpose of assessing the individual’s suitability for employment as a staff member; or\nwith the individual’s consent; or\nif the disclosure is otherwise required or permitted under an Act.\nIn this section—\ncriminal history information means information contained in the following—\na criminal history report;\na notice given to the chief executive under section 13I .\ns 13K ins 2020 No. 25 s 3\n(sec.13K-ssec.1) If a person obtains criminal history information in carrying out functions or performing duties as the chief executive, a Minister, the Leader of the Opposition, a non-government member or a staff member, the person must not disclose the criminal history information to any other person unless the disclosure is permitted under subsection (2) . Maximum penalty—100 penalty units.\n(sec.13K-ssec.2) A person is permitted to disclose criminal history information about an individual to another person— if the other person is the chief executive, a Minister, the Leader of the Opposition, a non-government member or a staff member, for the purpose of assessing the individual’s suitability for employment as a staff member; or with the individual’s consent; or if the disclosure is otherwise required or permitted under an Act.\n(sec.13K-ssec.3) In this section— criminal history information means information contained in the following— a criminal history report; a notice given to the chief executive under section 13I .\n- (a) if the other person is the chief executive, a Minister, the Leader of the Opposition, a non-government member or a staff member, for the purpose of assessing the individual’s suitability for employment as a staff member; or\n- (b) with the individual’s consent; or\n- (c) if the disclosure is otherwise required or permitted under an Act.\n- (a) a criminal history report;\n- (b) a notice given to the chief executive under section 13I .","sortOrder":30},{"sectionNumber":"pt.3","sectionType":"part","heading":"Work performance and conduct of staff members","content":"# Work performance and conduct of staff members","sortOrder":31},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Directions","content":"## Directions","sortOrder":32},{"sectionNumber":"sec.14","sectionType":"section","heading":"Staff members subject to direction","content":"### sec.14 Staff members subject to direction\n\nA ministerial staff member is subject to the direction of his or her employing member and the Premier.\nA staff member other than a ministerial staff member is subject to the direction of his or her employing member.\nA staff member may also be subject to the direction of other persons under the staff member’s contract of employment (for example, a more senior staff member).\n(sec.14-ssec.1) A ministerial staff member is subject to the direction of his or her employing member and the Premier.\n(sec.14-ssec.2) A staff member other than a ministerial staff member is subject to the direction of his or her employing member.\n(sec.14-ssec.3) A staff member may also be subject to the direction of other persons under the staff member’s contract of employment (for example, a more senior staff member).","sortOrder":33},{"sectionNumber":"sec.15","sectionType":"section","heading":"Staff members not empowered to direct public service employees","content":"### sec.15 Staff members not empowered to direct public service employees\n\nA public service employee is not subject to the direction of a staff member.\nSubsection (1) does not prevent a staff member giving a direction to a public service employee on behalf of a person who may lawfully give the direction.\nThe Minister administering a department may give a direction to the chief executive of the department under the Public Sector Act 2022 , section 178 .\ns 15 amd 2022 No. 34 s 365 sch 3\n(sec.15-ssec.1) A public service employee is not subject to the direction of a staff member.\n(sec.15-ssec.2) Subsection (1) does not prevent a staff member giving a direction to a public service employee on behalf of a person who may lawfully give the direction. The Minister administering a department may give a direction to the chief executive of the department under the Public Sector Act 2022 , section 178 .","sortOrder":34},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Guiding principles and values","content":"## Guiding principles and values","sortOrder":35},{"sectionNumber":"sec.16","sectionType":"section","heading":"Work performance and personal conduct principles","content":"### sec.16 Work performance and personal conduct principles\n\nA staff member’s work performance and personal conduct must be directed towards—\nacting honestly, fairly and in the public interest; and\nensuring the effective, efficient and appropriate use of public resources; and\ninteracting with public service employees respectfully, collaboratively and with integrity; and\nobserving all laws relevant to the staff member’s employment; and\nensuring the staff member’s personal conduct does not reflect adversely on the reputation of his or her employing member; and\ncomplying with any code of conduct that applies to the staff member under division 3 .\n- (a) acting honestly, fairly and in the public interest; and\n- (b) ensuring the effective, efficient and appropriate use of public resources; and\n- (c) interacting with public service employees respectfully, collaboratively and with integrity; and\n- (d) observing all laws relevant to the staff member’s employment; and\n- (e) ensuring the staff member’s personal conduct does not reflect adversely on the reputation of his or her employing member; and\n- (f) complying with any code of conduct that applies to the staff member under division 3 .","sortOrder":36},{"sectionNumber":"sec.17","sectionType":"section","heading":"Ethics values","content":"### sec.17 Ethics values\n\nThe ethics values stated in the Public Sector Ethics Act 1994 , part 3 , division 2 apply to staff members as if a reference in the division to a public official included a staff member.\nHowever, ethics values about providing advice, or acting in relation to policies, apply to staff members subject to the way they may reasonably be expected to honestly and properly carry out their functions helping Ministers, the Leader of the Opposition or other non-government members.\nA staff member’s function may include providing advice that is not apolitical.\nThe functions of a staff member employed in the office of a non-government member may not be directed towards developing or giving effect to policies of the government.\nIn this section—\npolicies includes priorities and decisions.\n(sec.17-ssec.1) The ethics values stated in the Public Sector Ethics Act 1994 , part 3 , division 2 apply to staff members as if a reference in the division to a public official included a staff member.\n(sec.17-ssec.2) However, ethics values about providing advice, or acting in relation to policies, apply to staff members subject to the way they may reasonably be expected to honestly and properly carry out their functions helping Ministers, the Leader of the Opposition or other non-government members. A staff member’s function may include providing advice that is not apolitical. The functions of a staff member employed in the office of a non-government member may not be directed towards developing or giving effect to policies of the government.\n(sec.17-ssec.3) In this section— policies includes priorities and decisions.\n- 1 A staff member’s function may include providing advice that is not apolitical.\n- 2 The functions of a staff member employed in the office of a non-government member may not be directed towards developing or giving effect to policies of the government.","sortOrder":37},{"sectionNumber":"sec.18","sectionType":"section","heading":"Purpose and application of principles and values","content":"### sec.18 Purpose and application of principles and values\n\nThe principles and values applying to staff members under sections 16 and 17 are intended to guide staff members in their work performance and personal conduct and are not of themselves legally enforceable.\nThe chief executive may have regard to the principles and values when making a decision under this Act relating to the work performance or personal conduct of staff members.\na decision about including a particular condition in a staff member’s contract of employment\n(sec.18-ssec.1) The principles and values applying to staff members under sections 16 and 17 are intended to guide staff members in their work performance and personal conduct and are not of themselves legally enforceable.\n(sec.18-ssec.2) The chief executive may have regard to the principles and values when making a decision under this Act relating to the work performance or personal conduct of staff members. a decision about including a particular condition in a staff member’s contract of employment","sortOrder":38},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Codes of conduct","content":"## Codes of conduct","sortOrder":39},{"sectionNumber":"sec.19","sectionType":"section","heading":"Codes of conduct","content":"### sec.19 Codes of conduct\n\nThe chief executive may approve a code of conduct applying to—\nministerial staff members; or\nstaff members employed in the office of the Leader of the Opposition; or\nstaff members employed under section 8 .\nIn deciding whether to approve a code of conduct, the chief executive must have regard to the principles and ethics values applying to staff members under division 2 .\nSubsection (1) applies subject to section 21 (2) .\n(sec.19-ssec.1) The chief executive may approve a code of conduct applying to— ministerial staff members; or staff members employed in the office of the Leader of the Opposition; or staff members employed under section 8 .\n(sec.19-ssec.2) In deciding whether to approve a code of conduct, the chief executive must have regard to the principles and ethics values applying to staff members under division 2 .\n(sec.19-ssec.3) Subsection (1) applies subject to section 21 (2) .\n- (a) ministerial staff members; or\n- (b) staff members employed in the office of the Leader of the Opposition; or\n- (c) staff members employed under section 8 .","sortOrder":40},{"sectionNumber":"sec.20","sectionType":"section","heading":"Purpose of codes","content":"### sec.20 Purpose of codes\n\nThe purpose of a code of conduct is to provide standards of conduct for the staff members to whom it applies.","sortOrder":41},{"sectionNumber":"sec.21","sectionType":"section","heading":"Consultation about, and review of, codes","content":"### sec.21 Consultation about, and review of, codes\n\nFor this section, the relevant person for a code of conduct is—\nfor a code applying to ministerial staff members—the Premier; or\nfor a code applying to staff members employed in the office of the Leader of the Opposition—the Leader of the Opposition; or\nfor a code applying to staff members employed under section 8 —each person who is an employing member for a staff member employed under section 8 .\nThe chief executive must consult with the relevant person, or each relevant person, for a code of conduct before approving the code under section 19 .\nThe chief executive must review a code of conduct if requested by a person who is, at the time of the request, a relevant person for the code.\n(sec.21-ssec.1) For this section, the relevant person for a code of conduct is— for a code applying to ministerial staff members—the Premier; or for a code applying to staff members employed in the office of the Leader of the Opposition—the Leader of the Opposition; or for a code applying to staff members employed under section 8 —each person who is an employing member for a staff member employed under section 8 .\n(sec.21-ssec.2) The chief executive must consult with the relevant person, or each relevant person, for a code of conduct before approving the code under section 19 .\n(sec.21-ssec.3) The chief executive must review a code of conduct if requested by a person who is, at the time of the request, a relevant person for the code.\n- (a) for a code applying to ministerial staff members—the Premier; or\n- (b) for a code applying to staff members employed in the office of the Leader of the Opposition—the Leader of the Opposition; or\n- (c) for a code applying to staff members employed under section 8 —each person who is an employing member for a staff member employed under section 8 .","sortOrder":42},{"sectionNumber":"sec.22","sectionType":"section","heading":"Compliance with codes","content":"### sec.22 Compliance with codes\n\nA staff member must comply with an approved code of conduct that applies to the staff member.\nContravention of an approved code of conduct by a staff member may give rise to disciplinary action under the staff member’s contract of employment.\n(sec.22-ssec.1) A staff member must comply with an approved code of conduct that applies to the staff member.\n(sec.22-ssec.2) Contravention of an approved code of conduct by a staff member may give rise to disciplinary action under the staff member’s contract of employment.","sortOrder":43},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Declaration of interests and dealing with conflicts","content":"## Declaration of interests and dealing with conflicts","sortOrder":44},{"sectionNumber":"sec.23","sectionType":"section","heading":"References to interest or conflict of interest","content":"### sec.23 References to interest or conflict of interest\n\nA reference in this division 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.\ns 23 amd 2013 No. 39 s 110 (1) sch 3 pt 1","sortOrder":45},{"sectionNumber":"sec.24","sectionType":"section","heading":"Declaration of interests","content":"### sec.24 Declaration of interests\n\nA staff member must give his or her employing member a statement about the staff member’s interests—\nwithin 1 month after starting employment; and\nwhenever there is a change to the staff member’s interests that is of a type prescribed under a directive of the chief executive; and\nduring June in each year.\nThe statement must include the information required under a directive of the chief executive.\nThe statement required under subsection (1) (b) must be given as soon as practicable after the relevant facts about the change come to the staff member’s knowledge.\n(sec.24-ssec.1) A staff member must give his or her employing member a statement about the staff member’s interests— within 1 month after starting employment; and whenever there is a change to the staff member’s interests that is of a type prescribed under a directive of the chief executive; and during June in each year.\n(sec.24-ssec.2) The statement must include the information required under a directive of the chief executive.\n(sec.24-ssec.3) The statement required under subsection (1) (b) must be given as soon as practicable after the relevant facts about the change come to the staff member’s knowledge.\n- (a) within 1 month after starting employment; and\n- (b) whenever there is a change to the staff member’s interests that is of a type prescribed under a directive of the chief executive; and\n- (c) during June in each year.","sortOrder":46},{"sectionNumber":"sec.25","sectionType":"section","heading":"Conflicts of interest","content":"### sec.25 Conflicts of interest\n\nIf a staff member has an interest that conflicts or may conflict with the discharge of the staff member’s responsibilities, the staff member—\nmust disclose the nature of the interest and conflict to his or her employing member as soon as practicable after the relevant facts come to the staff member’s knowledge; and\nmust not take action or further action concerning a matter that is, or may be, affected by the conflict unless authorised by his or her employing member.\nThe employing member for a staff member may direct the staff member to resolve a conflict or possible conflict between an interest of the staff member and the staff member’s responsibilities.\n(sec.25-ssec.1) If a staff member has an interest that conflicts or may conflict with the discharge of the staff member’s responsibilities, the staff member— must disclose the nature of the interest and conflict to his or her employing member as soon as practicable after the relevant facts come to the staff member’s knowledge; and must not take action or further action concerning a matter that is, or may be, affected by the conflict unless authorised by his or her employing member.\n(sec.25-ssec.2) The employing member for a staff member may direct the staff member to resolve a conflict or possible conflict between an interest of the staff member and the staff member’s responsibilities.\n- (a) must disclose the nature of the interest and conflict to his or her employing member as soon as practicable after the relevant facts come to the staff member’s knowledge; and\n- (b) must not take action or further action concerning a matter that is, or may be, affected by the conflict unless authorised by his or her employing member.","sortOrder":47},{"sectionNumber":"pt.4","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":48},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Directives and guidelines","content":"## Directives and guidelines","sortOrder":49},{"sectionNumber":"sec.26","sectionType":"section","heading":"Chief executive may make directives","content":"### sec.26 Chief executive may make directives\n\nThe chief executive may, by gazette notice, make a directive about a matter relating to the employment of staff members, including, for example, a directive about standards of conduct applying to staff members.\nA directive may provide for a matter by applying, adopting or incorporating the provisions of a public sector directive, as in force at a particular time or from time to time, with any necessary changes to apply the public sector directive in relation to staff members, and with or without any other modification.\nA directive binds the persons to whom it applies.\ns 26 amd 2022 No. 34 s 365 sch 3\n(sec.26-ssec.1) The chief executive may, by gazette notice, make a directive about a matter relating to the employment of staff members, including, for example, a directive about standards of conduct applying to staff members.\n(sec.26-ssec.2) A directive may provide for a matter by applying, adopting or incorporating the provisions of a public sector directive, as in force at a particular time or from time to time, with any necessary changes to apply the public sector directive in relation to staff members, and with or without any other modification.\n(sec.26-ssec.3) A directive binds the persons to whom it applies.","sortOrder":50},{"sectionNumber":"sec.27","sectionType":"section","heading":"Relationship with legislation","content":"### sec.27 Relationship with legislation\n\nIf a directive is inconsistent with an Act or subordinate legislation, the Act or subordinate legislation prevails to the extent of the inconsistency.","sortOrder":51},{"sectionNumber":"sec.28","sectionType":"section","heading":"Relationship between directives and industrial instruments","content":"### sec.28 Relationship between directives and industrial instruments\n\nThis section applies if a directive deals with a matter all or part of which is dealt with under an industrial instrument of the IRC.\nThe directive prevails over the industrial instrument, unless a regulation provides otherwise.\nIn this section—\ndirective includes a decision made in the exercise of a discretion under a directive.\nIRC means the Industrial Relations Commission under the Industrial Relations Act 2016 .\ns 28 amd 2016 No. 63 s 1157 sch 6\n(sec.28-ssec.1) This section applies if a directive deals with a matter all or part of which is dealt with under an industrial instrument of the IRC.\n(sec.28-ssec.2) The directive prevails over the industrial instrument, unless a regulation provides otherwise.\n(sec.28-ssec.3) In this section— directive includes a decision made in the exercise of a discretion under a directive. IRC means the Industrial Relations Commission under the Industrial Relations Act 2016 .","sortOrder":52},{"sectionNumber":"sec.29","sectionType":"section","heading":"Chief executive may make guidelines","content":"### sec.29 Chief executive may make guidelines\n\nThe chief executive may make a guideline about a matter relating to the employment of staff members.\nA guideline may be made in the way the chief executive considers appropriate.\nA guideline is for the guidance only of the persons to whom it applies.\ns 29 amd 2022 No. 34 s 365 sch 3\n(sec.29-ssec.1) The chief executive may make a guideline about a matter relating to the employment of staff members.\n(sec.29-ssec.2) A guideline may be made in the way the chief executive considers appropriate.\n(sec.29-ssec.3) A guideline is for the guidance only of the persons to whom it applies.","sortOrder":53},{"sectionNumber":"sec.30","sectionType":"section","heading":"Replaced public sector directives","content":"### sec.30 Replaced public sector directives\n\nThis section applies if, under section 26 (2) , a directive provides for a matter by applying, adopting or incorporating the provisions of a public sector directive (the first public sector directive ).\nThe directive may provide that, if the first public sector directive is repealed and a new public sector directive dealing with substantially the same subject matter is made to replace it, the directive continues to operate as if a reference in it to the first public sector directive were a reference to the new public sector directive.\ns 30 amd 2022 No. 34 s 365 sch 3\n(sec.30-ssec.1) This section applies if, under section 26 (2) , a directive provides for a matter by applying, adopting or incorporating the provisions of a public sector directive (the first public sector directive ).\n(sec.30-ssec.2) The directive may provide that, if the first public sector directive is repealed and a new public sector directive dealing with substantially the same subject matter is made to replace it, the directive continues to operate as if a reference in it to the first public sector directive were a reference to the new public sector directive.","sortOrder":54},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Application of Acts","content":"## Application of Acts","sortOrder":55},{"sectionNumber":"sec.31","sectionType":"section","heading":"Application of Crime and Corruption Act 2001","content":"### sec.31 Application of Crime and Corruption Act 2001\n\nFor the Crime and Corruption Act 2001 , a staff member is taken to hold an appointment in the department.\ns 31 sub 2014 No. 21 s 94 (2) sch 2","sortOrder":56},{"sectionNumber":"sec.32","sectionType":"section","heading":"Application of Ombudsman Act 2001","content":"### sec.32 Application of Ombudsman Act 2001\n\nFor the Ombudsman Act 2001 , a staff member is taken to be an officer of the department.","sortOrder":57},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":58},{"sectionNumber":"sec.33","sectionType":"section","heading":"Advisory committees","content":"### sec.33 Advisory committees\n\nThe chief executive may establish advisory committees to advise the Premier on issues relevant to this Act.\nThe chief executive may appoint a person as a member of an advisory committee if the chief executive is satisfied the person has skills or experience appropriate to the committee’s terms of reference or functions.\nA member of an advisory committee is entitled to the remuneration and allowances, if any, stated in the member’s terms of appointment.\nThe chief executive may decide matters about an advisory committee that are not provided for under this section including, for example, the way a committee must conduct meetings or report to the Premier.\n(sec.33-ssec.1) The chief executive may establish advisory committees to advise the Premier on issues relevant to this Act.\n(sec.33-ssec.2) The chief executive may appoint a person as a member of an advisory committee if the chief executive is satisfied the person has skills or experience appropriate to the committee’s terms of reference or functions.\n(sec.33-ssec.3) A member of an advisory committee is entitled to the remuneration and allowances, if any, stated in the member’s terms of appointment.\n(sec.33-ssec.4) The chief executive may decide matters about an advisory committee that are not provided for under this section including, for example, the way a committee must conduct meetings or report to the Premier.","sortOrder":59},{"sectionNumber":"sec.34","sectionType":"section","heading":"Annual report","content":"### sec.34 Annual report\n\nAt the end of each financial year, the chief executive must prepare and give to the Premier a report about the operation of this Act during the financial year.\nThe report must include details of the staff members employed under this Act for all or part of the financial year.\nThe chief executive must give the report to the Premier by an agreed date that allows the Premier to table the report under this section.\nThe report may be included in the department’s annual report for the financial year.\nThe Financial Accountability Act 2009 , section 63 states the requirement for tabling the department’s annual report.\nIf the report is not included in the department’s annual report for the financial year, the Premier must table the report in the Legislative Assembly within 3 months after the end of the financial year.\n(sec.34-ssec.1) At the end of each financial year, the chief executive must prepare and give to the Premier a report about the operation of this Act during the financial year.\n(sec.34-ssec.2) The report must include details of the staff members employed under this Act for all or part of the financial year.\n(sec.34-ssec.3) The chief executive must give the report to the Premier by an agreed date that allows the Premier to table the report under this section.\n(sec.34-ssec.4) The report may be included in the department’s annual report for the financial year. The Financial Accountability Act 2009 , section 63 states the requirement for tabling the department’s annual report.\n(sec.34-ssec.5) If the report is not included in the department’s annual report for the financial year, the Premier must table the report in the Legislative Assembly within 3 months after the end of the financial year.","sortOrder":60},{"sectionNumber":"sec.35","sectionType":"section","heading":"Delegations","content":"### sec.35 Delegations\n\nThe Premier may delegate the Premier’s functions under section 6 to an appropriately qualified ministerial staff member.\nThe chief executive may delegate the chief executive’s functions under this Act to an appropriately qualified public service employee.\nIn this section—\nappropriately qualified includes having the qualifications, experience or standing appropriate for the function.\nthe employee’s classification or level in a department\nfunctions includes powers.\n(sec.35-ssec.1) The Premier may delegate the Premier’s functions under section 6 to an appropriately qualified ministerial staff member.\n(sec.35-ssec.2) The chief executive may delegate the chief executive’s functions under this Act to an appropriately qualified public service employee.\n(sec.35-ssec.3) In this section— appropriately qualified includes having the qualifications, experience or standing appropriate for the function. the employee’s classification or level in a department functions includes powers.","sortOrder":61},{"sectionNumber":"sec.36","sectionType":"section","heading":"Effect of Act on the State","content":"### sec.36 Effect of Act on the State\n\nSubject to subsection (3) , this Act binds the State.\nThe chief executive employs persons under this Act as the authorised agent of the State.\nThe right or power of the State recognised at common law to dispense with the services of a person employed by the State is not abrogated or restricted by any provision of this Act.\n(sec.36-ssec.1) Subject to subsection (3) , this Act binds the State.\n(sec.36-ssec.2) The chief executive employs persons under this Act as the authorised agent of the State.\n(sec.36-ssec.3) The right or power of the State recognised at common law to dispense with the services of a person employed by the State is not abrogated or restricted by any provision of this Act.","sortOrder":62},{"sectionNumber":"sec.37","sectionType":"section","heading":"Regulation-making power","content":"### sec.37 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.","sortOrder":63},{"sectionNumber":"pt.5","sectionType":"part","heading":"Transitional","content":"# Transitional","sortOrder":64},{"sectionNumber":"sec.38","sectionType":"section","heading":"Meaning of commencement","content":"### sec.38 Meaning of commencement\n\nIn this part—\ncommencement means the commencement of the provision in which the term appears.","sortOrder":65},{"sectionNumber":"sec.39","sectionType":"section","heading":"Currently appointed staff members","content":"### sec.39 Currently appointed staff members\n\nThis section applies to a person who, immediately before the commencement, was employed by the chief executive under a contract of employment under the Public Service Act 2008 , section 147 or 148 in the office of a Minister or the office of the Leader of the Opposition.\nThe person is not, only because of that employment, a public service employee.\nWhile the person continues to be employed under the contract of employment—\nthe person is a staff member; and\nthis Act applies to the person as if the contract of employment had been entered into under this Act.\n(sec.39-ssec.1) This section applies to a person who, immediately before the commencement, was employed by the chief executive under a contract of employment under the Public Service Act 2008 , section 147 or 148 in the office of a Minister or the office of the Leader of the Opposition.\n(sec.39-ssec.2) The person is not, only because of that employment, a public service employee.\n(sec.39-ssec.3) While the person continues to be employed under the contract of employment— the person is a staff member; and this Act applies to the person as if the contract of employment had been entered into under this Act.\n- (a) the person is a staff member; and\n- (b) this Act applies to the person as if the contract of employment had been entered into under this Act.","sortOrder":66},{"sectionNumber":"sec.40","sectionType":"section","heading":"Declaration of interests of currently appointed staff members","content":"### sec.40 Declaration of interests of currently appointed staff members\n\nA staff member mentioned in section 39 must give his or her employing member a statement complying with section 24 within 1 month after the commencement.\nHowever, subsection (1) does not apply if—\nthe staff member gave a complying statement to his or her employing member on or after 1 June last occurring before the commencement; and\nthere has been no material change to the staff member’s interests since the last complying statement given to the employing member.\nIn this section—\ncomplying statement means a statement, given before the commencement, that included all information of the type required to be included in a statement under section 24 given immediately after the commencement.\nmaterial change means a change of the type mentioned in section 24(1)(b) as in force immediately after the commencement.\n(sec.40-ssec.1) A staff member mentioned in section 39 must give his or her employing member a statement complying with section 24 within 1 month after the commencement.\n(sec.40-ssec.2) However, subsection (1) does not apply if— the staff member gave a complying statement to his or her employing member on or after 1 June last occurring before the commencement; and there has been no material change to the staff member’s interests since the last complying statement given to the employing member.\n(sec.40-ssec.3) In this section— complying statement means a statement, given before the commencement, that included all information of the type required to be included in a statement under section 24 given immediately after the commencement. material change means a change of the type mentioned in section 24(1)(b) as in force immediately after the commencement.\n- (a) the staff member gave a complying statement to his or her employing member on or after 1 June last occurring before the commencement; and\n- (b) there has been no material change to the staff member’s interests since the last complying statement given to the employing member.","sortOrder":67},{"sectionNumber":"sec.41","sectionType":"section","heading":"Codes of conduct","content":"### sec.41 Codes of conduct\n\nA current code of conduct has effect, from the commencement until it is revoked under this Act, as if it were approved under part 3, division 3.\nIn this section—\ncurrent code of conduct means a code of conduct that—\nis expressed to apply to—\npersons employed in ministerial offices; or\npersons employed in the office of the Leader of the Opposition; and\nwas approved by the Premier before the commencement; and\nwas in force immediately before the commencement under administrative arrangements.\n(sec.41-ssec.1) A current code of conduct has effect, from the commencement until it is revoked under this Act, as if it were approved under part 3, division 3.\n(sec.41-ssec.2) In this section— current code of conduct means a code of conduct that— is expressed to apply to— persons employed in ministerial offices; or persons employed in the office of the Leader of the Opposition; and was approved by the Premier before the commencement; and was in force immediately before the commencement under administrative arrangements.\n- (a) is expressed to apply to— (i) persons employed in ministerial offices; or (ii) persons employed in the office of the Leader of the Opposition; and\n- (i) persons employed in ministerial offices; or\n- (ii) persons employed in the office of the Leader of the Opposition; and\n- (b) was approved by the Premier before the commencement; and\n- (c) was in force immediately before the commencement under administrative arrangements.\n- (i) persons employed in ministerial offices; or\n- (ii) persons employed in the office of the Leader of the Opposition; and","sortOrder":68},{"sectionNumber":"sec.42","sectionType":"section","heading":"Rulings","content":"### sec.42 Rulings\n\nThis section applies to a ruling (a current ruling ) that—\nwas made under the Public Service Act 2008 before the commencement; and\nimmediately before the commencement, applied to a person employed by the chief executive under a contract of employment under the Public Service Act 2008 , section 147 or 148 in the office of a Minister or the office of the Leader of the Opposition.\nSubject to subsection (3), the current ruling applies in relation to staff members, during the transitional period, as if a reference in it to a public service employee included a staff member and with any other necessary changes.\nThe current ruling stops applying in relation to staff members under subsection (2) if—\nthe current ruling is revoked under the Public Service Act 2008 ; or\nthe chief executive makes a directive under section 26 or guideline under section 29, whichever is relevant, ending the application of the current ruling in relation to staff members.\nThis section does not affect the chief executive’s power to make a directive under section 26 or guideline under section 29 applying a current ruling in relation to staff members during or after the transitional period.\nA reference in this Act to a directive of the chief executive includes a directive under the Public Service Act 2008 applying in relation to a staff member under this section.\nIn this section—\ntransitional period means the period of 3 months starting on the commencement.\n(sec.42-ssec.1) This section applies to a ruling (a current ruling ) that— was made under the Public Service Act 2008 before the commencement; and immediately before the commencement, applied to a person employed by the chief executive under a contract of employment under the Public Service Act 2008 , section 147 or 148 in the office of a Minister or the office of the Leader of the Opposition.\n(sec.42-ssec.2) Subject to subsection (3), the current ruling applies in relation to staff members, during the transitional period, as if a reference in it to a public service employee included a staff member and with any other necessary changes.\n(sec.42-ssec.3) The current ruling stops applying in relation to staff members under subsection (2) if— the current ruling is revoked under the Public Service Act 2008 ; or the chief executive makes a directive under section 26 or guideline under section 29, whichever is relevant, ending the application of the current ruling in relation to staff members.\n(sec.42-ssec.4) This section does not affect the chief executive’s power to make a directive under section 26 or guideline under section 29 applying a current ruling in relation to staff members during or after the transitional period.\n(sec.42-ssec.5) A reference in this Act to a directive of the chief executive includes a directive under the Public Service Act 2008 applying in relation to a staff member under this section.\n(sec.42-ssec.6) In this section— transitional period means the period of 3 months starting on the commencement.\n- (a) was made under the Public Service Act 2008 before the commencement; and\n- (b) immediately before the commencement, applied to a person employed by the chief executive under a contract of employment under the Public Service Act 2008 , section 147 or 148 in the office of a Minister or the office of the Leader of the Opposition.\n- (a) the current ruling is revoked under the Public Service Act 2008 ; or\n- (b) the chief executive makes a directive under section 26 or guideline under section 29, whichever is relevant, ending the application of the current ruling in relation to staff members.","sortOrder":69}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The original Act (2010) focused on two core purposes: employment arrangements and conduct standards. Over time, its scope expanded materially through amendments — most significantly in 2020 with the insertion of an entirely new Part 2A creating a criminal history checking regime with obligations on prosecutors, privacy protections, and offence provisions. This added a significant law enforcement and integrity dimension that went well beyond the original employment and conduct framework."},"complexity_factors":["Multiple categories of staff members with different rules applying to each (ministerial staff vs. Opposition staff vs. minor party/independent staff)","Interaction with numerous other Acts — Industrial Relations Act 2016, Public Sector Ethics Act 1994, Financial Accountability Act 2009, Crime and Corruption Act 2001, Ombudsman Act 2001, Working with Children Check Act 2000, Superannuation (State Public Sector) Act 1990, Public Sector Act 2022","Complex preservation of public service rights with hypothetical career-progression calculations","Layered criminal history check regime with consent, withdrawal, notification obligations on prosecutors, confidentiality requirements and destruction obligations","Directives that can incorporate public sector directives by reference, including dynamic incorporation (automatically updating when those directives change)","Nuanced tension between political nature of role and public sector ethics values — partial application of apolitical values with carved-out exceptions","Transitional provisions carrying over prior rulings, codes of conduct and employment contracts from the old regime","State's retained common law right to dismiss employees preserved alongside statutory employment protections"],"plain_english_summary":"This Queensland law establishes a dedicated employment framework for staff who work in ministers’ offices, party leaders’ offices and independent MPs’ offices, treating them as state employees on individual contracts while recognising their partisan role. It sets standards for hiring, conduct, conflict declarations and criminal-history checks, and places these staff under oversight and reporting requirements. The Act balances political advising with accountability for public resources and integrity."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Original employment and conduct framework (appointments, duties, codes, declarations) was expanded by later additions creating a formal criminal‑history suitability and notification regime and stronger reporting/confidentiality rules. The criminal‑history provisions (pt 2A: ss 13A–13K) authorise consented checks, police reports and prosecuting‑authority notifications (s 13I) and impose confidentiality and penalty rules (ss 13H, 13J, 13K). These insertions broaden monitoring and eligibility checks beyond the Act’s initial staffing and conduct controls."},"complexity_factors":["Cross‑references to multiple other statutes (Industrial Relations Act 2016; Financial Accountability Act 2009; Public Sector Act 2022; Crime and Corruption Act 2001; Ombudsman Act 2001; Superannuation (State Public Sector) Act 1990) increasing legal interaction (see ss 11,12,15,31–32).","Significant administrative discretion: chief executive controls most employment decisions and directive‑making powers (ss 6–8, 26, 29, 35).","Premier and members exercise appointment and direction powers for ministerial staff, including delegation options (ss 6, 14, 35).","Criminal‑history suitability scheme with consent, police reporting duties, confidentiality rules and penalties (pt 2A: ss 13A–13K; s 13I notification obligations).","Directives can incorporate and reproduce public sector directives and may prevail over industrial instruments unless regulated otherwise (ss 26, 28, 30).","Employment status hybrid: staff are State employees and covered by industrial law but not automatically public service employees; preservation of prior public‑service rights complicates transitions (ss 10–13).","Obligations on staff (declarations, conflicts, codes) combined with enforcement through contract discipline create multiple compliance paths (ss 16–25, 19–22).","Transitional provisions preserve existing codes and rulings temporarily and require declarations from incumbent staff, adding administrative steps at commencement (pt 5: ss 39–42)."],"plain_english_summary":"This Act sets out how the State hires and manages staff for Ministers, the Leader of the Opposition and certain non‑government members: who may employ staff (via the chief executive), what their duties and employment terms are, and who directs them. It also creates rules on conduct, codes, conflict declarations, criminal‑history checks and reporting. The State (through the chief executive and, for ministerial staff, the Premier) decides staffing, and the Act governs hiring, discipline, confidentiality and annual reporting."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 2010 Act focused primarily on employment mechanics and conduct. The 2020 amendments (Part 2A) significantly expanded the scope by adding a comprehensive criminal history checking regime, including police notification requirements for charges and convictions, consent mechanisms, and confidentiality provisions. This shifted the Act from purely administrative employment matters to include integrity and security vetting functions."},"complexity_factors":["Moderate cross-referencing to other Acts (Industrial Relations Act 2016, Public Sector Act 2022, Crime and Corruption Act 2001, etc.)","Conditional employment status (staff are State employees but not public service employees, with exceptions for those transitioning from public service)","Nested definitions in Part 2A regarding criminal history checks and 'relevant offences'","Multiple layers of direction-giving authority (employing member, Premier, chief executive)","Transitional provisions dealing with legacy employment under previous Public Service Act","Distinction between directives (binding) and guidelines (non-binding)"],"plain_english_summary":"**What this law does:**\n\nThis Act sets up the rules for hiring and managing staff who work for Queensland politicians—specifically Ministers, the Leader of the Opposition, and certain other non-government MPs (like party leaders or independents).\n\n**Who it affects:**\n\n*   **Staff members:** People employed to help politicians with advice, administration, policy work, communications, and liaising with stakeholders.\n*   **Politicians:** The Ministers, Leader of the Opposition, and other eligible MPs who employ these staff.\n*   **The chief executive:** The senior public servant who actually employs the staff on behalf of the State, based on recommendations from the politicians.\n\n**Key things the law covers:**\n\n*   **How staff get hired:** The chief executive employs staff based on recommendations from the Premier (for Ministers), the Leader of the Opposition (for their own office), or the individual MP (for other non-government members). However, there's no automatic right to staff—it's based on available resources.\n*   **What staff do:** They help their employing member discharge their duties—things like giving advice, drafting policy, handling admin, and for ministerial staff, working with government departments to implement policies.\n*   **Employment terms:** Staff work under individual contracts. They are State employees for industrial relations and superannuation purposes, but they are **not** public service employees (meaning they don't get the same job security or transfer rights as regular public servants, unless they were public servants before taking the job).\n*   **Safety checks:** Since 2020, the law includes a process for checking criminal histories. Prospective staff must consent to a police check. If they refuse, they might not get the job or could be stopped from doing certain duties. There are strict confidentiality rules about this information.\n*   **Conduct and ethics:** Staff must follow guiding principles (honesty, proper use of public resources, respectful treatment of public servants) and can be subject to codes of conduct. They must declare any conflicts of interest and can't direct public service employees (though they can pass on lawful directions from others).\n*   **Protections for public servants:** If a public servant takes a staff job, they keep their public service rights and can return to the public service at their old level if their political job ends (unless they were sacked for misconduct).\n\n**Why it matters:**\n\nThis law creates a separate employment framework for political staff, distinct from the regular public service. It tries to balance giving politicians the support they need to do their jobs with ensuring proper accountability, ethical behaviour, and protection for staff who come from (and return to) the public service. The criminal history checks added in 2020 reflect growing concerns about integrity and security in political offices."}},"importantCases":[],"_links":{"self":"/api/acts/ministerial-and-other-office-holder-staff-act-2010","history":"/api/acts/ministerial-and-other-office-holder-staff-act-2010/history","analysis":"/api/acts/ministerial-and-other-office-holder-staff-act-2010/analysis","conflicts":"/api/acts/ministerial-and-other-office-holder-staff-act-2010/conflicts","importantCases":"/api/acts/ministerial-and-other-office-holder-staff-act-2010/important-cases","documents":"/api/acts/ministerial-and-other-office-holder-staff-act-2010/documents"}}