{"id":"qld:act-2022-034","name":"Public Sector Act 2022","slug":"public-sector-act-2022","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"34 of 2022","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29563,"registerId":"qld-act-2022-034-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.1-pt.1","sectionType":"part","heading":"Introduction","content":"# Introduction","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Public Sector Act 2022 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on 1 March 2023.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Main purpose of Act","content":"### sec.3 Main purpose of Act\n\nThe main purpose of this Act is to provide a framework for a fair and integrated public sector that serves the people of Queensland and the State.\n(sec.3-ssec) The main purpose of this Act is to provide a framework for a fair and integrated public sector that serves the people of Queensland and the State.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"How main purpose is primarily achieved","content":"### sec.4 How main purpose is primarily achieved\n\nThe main purpose of this Act is to be achieved primarily by—\nensuring the public sector is responsive to the community it serves by—\npromoting a spirit of service to the community; and\nproviding for the appointment of chief executives and the employment of senior executives to provide the public service with high-performing, future-focused leadership; and\nproviding for the employment and administration of the public service; and\ntaking measures to promote the effectiveness and efficiency of public sector entities; and\nestablishing the Public Sector Commission and providing for the appointment of a Public Sector Commissioner to enhance the public sector’s human resource management and capability; and\nestablishing the Public Sector Governance Council to provide oversight of public sector governance; and\nestablishing a shared responsibility for the effective stewardship of the public sector between the Public Sector Governance Council, the Public Sector Commissioner and chief executives of departments; and\ncreating a public sector that supports the State government in reframing its relationship with Aboriginal peoples and Torres Strait Islander peoples by—\nensuring public sector entities recognise the importance to Aboriginal peoples and Torres Strait Islander peoples of the right to self-determination; and\nensuring public sector entities actively promote the perspectives of Aboriginal peoples and Torres Strait Islander peoples; and\ncreating a public sector that ensures fairness in the employment relationship and fair treatment of its employees by—\nproviding for the key rights, obligations and employment arrangements of public sector employees; and\nmaximising employment security and permanency of employment; and\ntaking steps to promote equity, diversity, respect and inclusion in employment, including for diversity target groups; and\nensuring a high-performing and diverse workforce, through fair and transparent, merit-based selection processes; and\nensuring fair and accountable decision-making, including by providing public sector employees with access to fair and independent reviews and appeals; and\nsetting a positive performance management framework for public sector employees; and\nfixing principles to guide public sector managers, and the work performance and personal conduct of public sector employees; and\nestablishing a high-performing, apolitical public sector by effective stewardship that—\nresponds to the needs of the community and the government; and\nmaintains accountability, impartiality and integrity, while supporting the public interest, and when giving advice to the government; and\nfocuses on the delivery of services and government programs; and\nsupports the government in making and implementing decisions about public policy while harnessing creativity and innovation; and\nensures public resources are managed efficiently and their use is accountable.\n(sec.4-ssec) The main purpose of this Act is to be achieved primarily by— ensuring the public sector is responsive to the community it serves by— promoting a spirit of service to the community; and providing for the appointment of chief executives and the employment of senior executives to provide the public service with high-performing, future-focused leadership; and providing for the employment and administration of the public service; and taking measures to promote the effectiveness and efficiency of public sector entities; and establishing the Public Sector Commission and providing for the appointment of a Public Sector Commissioner to enhance the public sector’s human resource management and capability; and establishing the Public Sector Governance Council to provide oversight of public sector governance; and establishing a shared responsibility for the effective stewardship of the public sector between the Public Sector Governance Council, the Public Sector Commissioner and chief executives of departments; and creating a public sector that supports the State government in reframing its relationship with Aboriginal peoples and Torres Strait Islander peoples by— ensuring public sector entities recognise the importance to Aboriginal peoples and Torres Strait Islander peoples of the right to self-determination; and ensuring public sector entities actively promote the perspectives of Aboriginal peoples and Torres Strait Islander peoples; and creating a public sector that ensures fairness in the employment relationship and fair treatment of its employees by— providing for the key rights, obligations and employment arrangements of public sector employees; and maximising employment security and permanency of employment; and taking steps to promote equity, diversity, respect and inclusion in employment, including for diversity target groups; and ensuring a high-performing and diverse workforce, through fair and transparent, merit-based selection processes; and ensuring fair and accountable decision-making, including by providing public sector employees with access to fair and independent reviews and appeals; and setting a positive performance management framework for public sector employees; and fixing principles to guide public sector managers, and the work performance and personal conduct of public sector employees; and establishing a high-performing, apolitical public sector by effective stewardship that— responds to the needs of the community and the government; and maintains accountability, impartiality and integrity, while supporting the public interest, and when giving advice to the government; and focuses on the delivery of services and government programs; and supports the government in making and implementing decisions about public policy while harnessing creativity and innovation; and ensures public resources are managed efficiently and their use is accountable.\n- (a) ensuring the public sector is responsive to the community it serves by— (i) promoting a spirit of service to the community; and (ii) providing for the appointment of chief executives and the employment of senior executives to provide the public service with high-performing, future-focused leadership; and (iii) providing for the employment and administration of the public service; and (iv) taking measures to promote the effectiveness and efficiency of public sector entities; and (v) establishing the Public Sector Commission and providing for the appointment of a Public Sector Commissioner to enhance the public sector’s human resource management and capability; and (vi) establishing the Public Sector Governance Council to provide oversight of public sector governance; and (vii) establishing a shared responsibility for the effective stewardship of the public sector between the Public Sector Governance Council, the Public Sector Commissioner and chief executives of departments; and\n- (i) promoting a spirit of service to the community; and\n- (ii) providing for the appointment of chief executives and the employment of senior executives to provide the public service with high-performing, future-focused leadership; and\n- (iii) providing for the employment and administration of the public service; and\n- (iv) taking measures to promote the effectiveness and efficiency of public sector entities; and\n- (v) establishing the Public Sector Commission and providing for the appointment of a Public Sector Commissioner to enhance the public sector’s human resource management and capability; and\n- (vi) establishing the Public Sector Governance Council to provide oversight of public sector governance; and\n- (vii) establishing a shared responsibility for the effective stewardship of the public sector between the Public Sector Governance Council, the Public Sector Commissioner and chief executives of departments; and\n- (b) creating a public sector that supports the State government in reframing its relationship with Aboriginal peoples and Torres Strait Islander peoples by— (i) ensuring public sector entities recognise the importance to Aboriginal peoples and Torres Strait Islander peoples of the right to self-determination; and (ii) ensuring public sector entities actively promote the perspectives of Aboriginal peoples and Torres Strait Islander peoples; and\n- (i) ensuring public sector entities recognise the importance to Aboriginal peoples and Torres Strait Islander peoples of the right to self-determination; and\n- (ii) ensuring public sector entities actively promote the perspectives of Aboriginal peoples and Torres Strait Islander peoples; and\n- (c) creating a public sector that ensures fairness in the employment relationship and fair treatment of its employees by— (i) providing for the key rights, obligations and employment arrangements of public sector employees; and (ii) maximising employment security and permanency of employment; and (iii) taking steps to promote equity, diversity, respect and inclusion in employment, including for diversity target groups; and (iv) ensuring a high-performing and diverse workforce, through fair and transparent, merit-based selection processes; and (v) ensuring fair and accountable decision-making, including by providing public sector employees with access to fair and independent reviews and appeals; and (vi) setting a positive performance management framework for public sector employees; and (vii) fixing principles to guide public sector managers, and the work performance and personal conduct of public sector employees; and\n- (i) providing for the key rights, obligations and employment arrangements of public sector employees; and\n- (ii) maximising employment security and permanency of employment; and\n- (iii) taking steps to promote equity, diversity, respect and inclusion in employment, including for diversity target groups; and\n- (iv) ensuring a high-performing and diverse workforce, through fair and transparent, merit-based selection processes; and\n- (v) ensuring fair and accountable decision-making, including by providing public sector employees with access to fair and independent reviews and appeals; and\n- (vi) setting a positive performance management framework for public sector employees; and\n- (vii) fixing principles to guide public sector managers, and the work performance and personal conduct of public sector employees; and\n- (d) establishing a high-performing, apolitical public sector by effective stewardship that— (i) responds to the needs of the community and the government; and (ii) maintains accountability, impartiality and integrity, while supporting the public interest, and when giving advice to the government; and (iii) focuses on the delivery of services and government programs; and (iv) supports the government in making and implementing decisions about public policy while harnessing creativity and innovation; and (v) ensures public resources are managed efficiently and their use is accountable.\n- (i) responds to the needs of the community and the government; and\n- (ii) maintains accountability, impartiality and integrity, while supporting the public interest, and when giving advice to the government; and\n- (iii) focuses on the delivery of services and government programs; and\n- (iv) supports the government in making and implementing decisions about public policy while harnessing creativity and innovation; and\n- (v) ensures public resources are managed efficiently and their use is accountable.\n- (i) promoting a spirit of service to the community; and\n- (ii) providing for the appointment of chief executives and the employment of senior executives to provide the public service with high-performing, future-focused leadership; and\n- (iii) providing for the employment and administration of the public service; and\n- (iv) taking measures to promote the effectiveness and efficiency of public sector entities; and\n- (v) establishing the Public Sector Commission and providing for the appointment of a Public Sector Commissioner to enhance the public sector’s human resource management and capability; and\n- (vi) establishing the Public Sector Governance Council to provide oversight of public sector governance; and\n- (vii) establishing a shared responsibility for the effective stewardship of the public sector between the Public Sector Governance Council, the Public Sector Commissioner and chief executives of departments; and\n- (i) ensuring public sector entities recognise the importance to Aboriginal peoples and Torres Strait Islander peoples of the right to self-determination; and\n- (ii) ensuring public sector entities actively promote the perspectives of Aboriginal peoples and Torres Strait Islander peoples; and\n- (i) providing for the key rights, obligations and employment arrangements of public sector employees; and\n- (ii) maximising employment security and permanency of employment; and\n- (iii) taking steps to promote equity, diversity, respect and inclusion in employment, including for diversity target groups; and\n- (iv) ensuring a high-performing and diverse workforce, through fair and transparent, merit-based selection processes; and\n- (v) ensuring fair and accountable decision-making, including by providing public sector employees with access to fair and independent reviews and appeals; and\n- (vi) setting a positive performance management framework for public sector employees; and\n- (vii) fixing principles to guide public sector managers, and the work performance and personal conduct of public sector employees; and\n- (i) responds to the needs of the community and the government; and\n- (ii) maintains accountability, impartiality and integrity, while supporting the public interest, and when giving advice to the government; and\n- (iii) focuses on the delivery of services and government programs; and\n- (iv) supports the government in making and implementing decisions about public policy while harnessing creativity and innovation; and\n- (v) ensures public resources are managed efficiently and their use is accountable.","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Application of provisions of this Act by another Act","content":"### sec.5 Application of provisions of this Act by another Act\n\nNothing in this Act prevents another Act or regulation from—\napplying particular provisions of this Act to an entity that is not a public sector entity or to the chief executive or employees of that entity; or\nproviding for the way in which the provisions mentioned in paragraph (a) are to apply, including, for example, that they apply with or without change.\nIn this section—\nchief executive , of an entity, includes the individual responsible for the day-to-day management of the entity or the entity’s affairs, whether or not the individual is subject to the direction of, or reports to, a governing body of the entity.\n(sec.5-ssec.1) Nothing in this Act prevents another Act or regulation from— applying particular provisions of this Act to an entity that is not a public sector entity or to the chief executive or employees of that entity; or providing for the way in which the provisions mentioned in paragraph (a) are to apply, including, for example, that they apply with or without change.\n(sec.5-ssec.2) In this section— chief executive , of an entity, includes the individual responsible for the day-to-day management of the entity or the entity’s affairs, whether or not the individual is subject to the direction of, or reports to, a governing body of the entity.\n- (a) applying particular provisions of this Act to an entity that is not a public sector entity or to the chief executive or employees of that entity; or\n- (b) providing for the way in which the provisions mentioned in paragraph (a) are to apply, including, for example, that they apply with or without change.","sortOrder":5},{"sectionNumber":"ch.1-pt.2","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":6},{"sectionNumber":"ch.1-pt.2-div.1","sectionType":"division","heading":"Dictionary","content":"## Dictionary","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Definitions","content":"### sec.6 Definitions\n\nThe dictionary in schedule 2 defines particular words used in this Act.","sortOrder":8},{"sectionNumber":"ch.1-pt.2-div.2","sectionType":"division","heading":"Key terms","content":"## Key terms","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"What is the public sector","content":"### sec.7 What is the public sector\n\nThe public sector is the sector that consists of—\npublic sector entities; and\npublic sector employees who are employed in public sector entities.\n- (a) public sector entities; and\n- (b) public sector employees who are employed in public sector entities.","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"What is a public sector entity","content":"### sec.8 What is a public sector entity\n\nA public sector entity is—\na public service entity; or\nan entity, other than a public service entity, prescribed by regulation as a public sector entity; or\na registry or other administrative office of a court or tribunal of the State; or\nan agency, authority, commission, corporation, instrumentality, office, or other entity, other than an entity mentioned in paragraph (a) , (b) or (c) , established under an Act for a public or State purpose.\nHowever, none of the following is a public sector entity—\na local government;\na corporation owned by a local government, or a subsidiary of a corporation owned by a local government;\nthe parliamentary service established under the Parliamentary Service Act 1988 ;\nthe Governor’s official residence (known as ‘Government House’) and its associated administrative unit;\nthe Executive Council;\nthe Legislative Assembly;\na court of the State;\nthe police service to the extent that it does not include staff members mentioned in the Police Service Administration Act 1990 , section 2 .5(1)(a) or 2.5(1)(b)(ii);\na community justice group established under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 ;\na school council established under the Education (General Provisions) Act 2006 ;\na parents and citizens association formed under the Education (General Provisions) Act 2006 , chapter 7 ;\na university established under an Act;\na co-operative under the Co-operatives National Law (Queensland) for primary producers that is not in receipt of moneys of, or financial assistance from, the State;\nan association incorporated under the Associations Incorporation Act 1981 ;\na government owned corporation, unless a regulation prescribes it to be a public sector entity;\na national system employer within the meaning of the Fair Work Act 2009 (Cwlth) , section 14 , including a national system employer mentioned in section 30N of that Act;\nthe council;\na taskforce established under section 195 ;\nanother entity prescribed by another Act for this section not to be a public sector entity;\nanother entity, or part of another entity, prescribed by regulation for this section not to be a public sector entity.\nAlso, if a public sector entity mentioned in subsection (1) (d) is part of a department, the public sector entity is taken not to have an existence as a public sector entity, separate to the existence of the department as a public sector entity, for the purpose of this Act.\nIn this section—\ncourt includes a court of record.\n(sec.8-ssec.1) A public sector entity is— a public service entity; or an entity, other than a public service entity, prescribed by regulation as a public sector entity; or a registry or other administrative office of a court or tribunal of the State; or an agency, authority, commission, corporation, instrumentality, office, or other entity, other than an entity mentioned in paragraph (a) , (b) or (c) , established under an Act for a public or State purpose.\n(sec.8-ssec.2) However, none of the following is a public sector entity— a local government; a corporation owned by a local government, or a subsidiary of a corporation owned by a local government; the parliamentary service established under the Parliamentary Service Act 1988 ; the Governor’s official residence (known as ‘Government House’) and its associated administrative unit; the Executive Council; the Legislative Assembly; a court of the State; the police service to the extent that it does not include staff members mentioned in the Police Service Administration Act 1990 , section 2 .5(1)(a) or 2.5(1)(b)(ii); a community justice group established under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 ; a school council established under the Education (General Provisions) Act 2006 ; a parents and citizens association formed under the Education (General Provisions) Act 2006 , chapter 7 ; a university established under an Act; a co-operative under the Co-operatives National Law (Queensland) for primary producers that is not in receipt of moneys of, or financial assistance from, the State; an association incorporated under the Associations Incorporation Act 1981 ; a government owned corporation, unless a regulation prescribes it to be a public sector entity; a national system employer within the meaning of the Fair Work Act 2009 (Cwlth) , section 14 , including a national system employer mentioned in section 30N of that Act; the council; a taskforce established under section 195 ; another entity prescribed by another Act for this section not to be a public sector entity; another entity, or part of another entity, prescribed by regulation for this section not to be a public sector entity.\n(sec.8-ssec.3) Also, if a public sector entity mentioned in subsection (1) (d) is part of a department, the public sector entity is taken not to have an existence as a public sector entity, separate to the existence of the department as a public sector entity, for the purpose of this Act.\n(sec.8-ssec.4) In this section— court includes a court of record.\n- (a) a public service entity; or\n- (b) an entity, other than a public service entity, prescribed by regulation as a public sector entity; or\n- (c) a registry or other administrative office of a court or tribunal of the State; or\n- (d) an agency, authority, commission, corporation, instrumentality, office, or other entity, other than an entity mentioned in paragraph (a) , (b) or (c) , established under an Act for a public or State purpose.\n- (a) a local government;\n- (b) a corporation owned by a local government, or a subsidiary of a corporation owned by a local government;\n- (c) the parliamentary service established under the Parliamentary Service Act 1988 ;\n- (d) the Governor’s official residence (known as ‘Government House’) and its associated administrative unit;\n- (e) the Executive Council;\n- (f) the Legislative Assembly;\n- (g) a court of the State;\n- (h) the police service to the extent that it does not include staff members mentioned in the Police Service Administration Act 1990 , section 2 .5(1)(a) or 2.5(1)(b)(ii);\n- (i) a community justice group established under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 ;\n- (j) a school council established under the Education (General Provisions) Act 2006 ;\n- (k) a parents and citizens association formed under the Education (General Provisions) Act 2006 , chapter 7 ;\n- (l) a university established under an Act;\n- (m) a co-operative under the Co-operatives National Law (Queensland) for primary producers that is not in receipt of moneys of, or financial assistance from, the State;\n- (n) an association incorporated under the Associations Incorporation Act 1981 ;\n- (o) a government owned corporation, unless a regulation prescribes it to be a public sector entity;\n- (p) a national system employer within the meaning of the Fair Work Act 2009 (Cwlth) , section 14 , including a national system employer mentioned in section 30N of that Act;\n- (q) the council;\n- (r) a taskforce established under section 195 ;\n- (s) another entity prescribed by another Act for this section not to be a public sector entity;\n- (t) another entity, or part of another entity, prescribed by regulation for this section not to be a public sector entity.","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"What is a public service entity","content":"### sec.9 What is a public service entity\n\nA public service entity is—\na department; or\nan entity mentioned in schedule 1 .\n- (a) a department; or\n- (b) an entity mentioned in schedule 1 .","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"What is a department","content":"### sec.10 What is a department\n\nA department is a department of government declared under section 197 .","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"What is the public service","content":"### sec.11 What is the public service\n\nThe public service consists of persons employed under chapter 4 or 5 in departments or other public service entities.","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"Who is a public sector employee","content":"### sec.12 Who is a public sector employee\n\nA public sector employee is—\na public service employee; or\na person employed under another Act or law in a public sector entity.\nHowever, none of the following is a public sector employee—\na person appointed to an office if—\nthe appointment to the office is made by the Governor alone; or\nthe appointment to the office is made by the Governor in Council; or\nthe salary for the office is provided for, or calculated in accordance with a salary provided for, under the Judicial Remuneration Act 2007 , the District Court of Queensland Act 1967 or the Magistrates Act 1991 ; or\nthe office is a particular office established under an Act that expressly provides for the appointment of the holder of an office mentioned in subparagraph (ii) ; or\nthe office is honorary; or\nthe office is prescribed by regulation for this subparagraph;\na person appointed as a member of a board;\na person appointed as a chief executive of a public sector entity if the person was appointed by a board;\na person employed as an associate to a Supreme Court judge, District Court judge, commissioner under the Industrial Relations Act 2016 , or judge or member of another court of record;\na person employed as a ministerial staff member under the Ministerial and Other Office Holder Staff Act 2010 ;\na person employed under a law of a jurisdiction outside Australia;\na person prescribed by another Act for this section not to be a public sector employee;\na person prescribed by regulation for this section not to be a public sector employee.\nDespite subsection (1) or (2) , a person is a public sector employee if—\nthe person is appointed as a chief executive under section 171 , the commissioner under section 212 , or a special commissioner under section 230 ; or\nanother Act provides the person is to be, may be, or is employed or appointed under this Act.\nPublic sector employees are generally employees for the Industrial Relations Act 2016 .\nSubsection (4) does not limit or otherwise affect section 141 .\n(sec.12-ssec.1) A public sector employee is— a public service employee; or a person employed under another Act or law in a public sector entity.\n(sec.12-ssec.2) However, none of the following is a public sector employee— a person appointed to an office if— the appointment to the office is made by the Governor alone; or the appointment to the office is made by the Governor in Council; or the salary for the office is provided for, or calculated in accordance with a salary provided for, under the Judicial Remuneration Act 2007 , the District Court of Queensland Act 1967 or the Magistrates Act 1991 ; or the office is a particular office established under an Act that expressly provides for the appointment of the holder of an office mentioned in subparagraph (ii) ; or the office is honorary; or the office is prescribed by regulation for this subparagraph; a person appointed as a member of a board; a person appointed as a chief executive of a public sector entity if the person was appointed by a board; a person employed as an associate to a Supreme Court judge, District Court judge, commissioner under the Industrial Relations Act 2016 , or judge or member of another court of record; a person employed as a ministerial staff member under the Ministerial and Other Office Holder Staff Act 2010 ; a person employed under a law of a jurisdiction outside Australia; a person prescribed by another Act for this section not to be a public sector employee; a person prescribed by regulation for this section not to be a public sector employee.\n(sec.12-ssec.3) Despite subsection (1) or (2) , a person is a public sector employee if— the person is appointed as a chief executive under section 171 , the commissioner under section 212 , or a special commissioner under section 230 ; or another Act provides the person is to be, may be, or is employed or appointed under this Act.\n(sec.12-ssec.4) Public sector employees are generally employees for the Industrial Relations Act 2016 .\n(sec.12-ssec.5) Subsection (4) does not limit or otherwise affect section 141 .\n- (a) a public service employee; or\n- (b) a person employed under another Act or law in a public sector entity.\n- (a) a person appointed to an office if— (i) the appointment to the office is made by the Governor alone; or (ii) the appointment to the office is made by the Governor in Council; or (iii) the salary for the office is provided for, or calculated in accordance with a salary provided for, under the Judicial Remuneration Act 2007 , the District Court of Queensland Act 1967 or the Magistrates Act 1991 ; or (iv) the office is a particular office established under an Act that expressly provides for the appointment of the holder of an office mentioned in subparagraph (ii) ; or (v) the office is honorary; or (vi) the office is prescribed by regulation for this subparagraph;\n- (i) the appointment to the office is made by the Governor alone; or\n- (ii) the appointment to the office is made by the Governor in Council; or\n- (iii) the salary for the office is provided for, or calculated in accordance with a salary provided for, under the Judicial Remuneration Act 2007 , the District Court of Queensland Act 1967 or the Magistrates Act 1991 ; or\n- (iv) the office is a particular office established under an Act that expressly provides for the appointment of the holder of an office mentioned in subparagraph (ii) ; or\n- (v) the office is honorary; or\n- (vi) the office is prescribed by regulation for this subparagraph;\n- (b) a person appointed as a member of a board;\n- (c) a person appointed as a chief executive of a public sector entity if the person was appointed by a board;\n- (d) a person employed as an associate to a Supreme Court judge, District Court judge, commissioner under the Industrial Relations Act 2016 , or judge or member of another court of record;\n- (e) a person employed as a ministerial staff member under the Ministerial and Other Office Holder Staff Act 2010 ;\n- (f) a person employed under a law of a jurisdiction outside Australia;\n- (g) a person prescribed by another Act for this section not to be a public sector employee;\n- (h) a person prescribed by regulation for this section not to be a public sector employee.\n- (i) the appointment to the office is made by the Governor alone; or\n- (ii) the appointment to the office is made by the Governor in Council; or\n- (iii) the salary for the office is provided for, or calculated in accordance with a salary provided for, under the Judicial Remuneration Act 2007 , the District Court of Queensland Act 1967 or the Magistrates Act 1991 ; or\n- (iv) the office is a particular office established under an Act that expressly provides for the appointment of the holder of an office mentioned in subparagraph (ii) ; or\n- (v) the office is honorary; or\n- (vi) the office is prescribed by regulation for this subparagraph;\n- (a) the person is appointed as a chief executive under section 171 , the commissioner under section 212 , or a special commissioner under section 230 ; or\n- (b) another Act provides the person is to be, may be, or is employed or appointed under this Act.","sortOrder":15},{"sectionNumber":"sec.13","sectionType":"section","heading":"Who is a public service employee","content":"### sec.13 Who is a public service employee\n\nA public service employee is a person employed under chapter 4 or 5 in a public service entity as—\na general employee; or\na fixed term temporary employee; or\na casual employee; or\nan officer; or\na senior officer; or\na senior executive; or\na chief executive.\nAlso, the commissioner and each special commissioner are a public service employee .\n(sec.13-ssec.1) A public service employee is a person employed under chapter 4 or 5 in a public service entity as— a general employee; or a fixed term temporary employee; or a casual employee; or an officer; or a senior officer; or a senior executive; or a chief executive.\n(sec.13-ssec.2) Also, the commissioner and each special commissioner are a public service employee .\n- (a) a general employee; or\n- (b) a fixed term temporary employee; or\n- (c) a casual employee; or\n- (d) an officer; or\n- (e) a senior officer; or\n- (f) a senior executive; or\n- (g) a chief executive.","sortOrder":16},{"sectionNumber":"sec.14","sectionType":"section","heading":"Who is a public service officer","content":"### sec.14 Who is a public service officer\n\nA public service officer is a public service employee mentioned in section 13 (1) (d) , (e) , (f) or (g) or (2) .","sortOrder":17},{"sectionNumber":"sec.15","sectionType":"section","heading":"Conditions of employment of public sector employee","content":"### sec.15 Conditions of employment of public sector employee\n\nThe purpose of this section is to give an overview of a public sector employee’s conditions of employment.\nA public sector employee’s conditions of employment are governed by various laws and instruments, including, for example, the following—\nthis Act;\nthe Industrial Relations Act 2016 ;\nother Acts applying to the employee;\nindustrial instruments applying to the employee;\ndirectives applying to the employee;\nthe employee’s contract of employment.\nA public sector employee’s conditions of employment may be affected by other Acts, including, for example, the Human Rights Act 2019 .\n(sec.15-ssec.1) The purpose of this section is to give an overview of a public sector employee’s conditions of employment.\n(sec.15-ssec.2) A public sector employee’s conditions of employment are governed by various laws and instruments, including, for example, the following— this Act; the Industrial Relations Act 2016 ; other Acts applying to the employee; industrial instruments applying to the employee; directives applying to the employee; the employee’s contract of employment.\n(sec.15-ssec.3) A public sector employee’s conditions of employment may be affected by other Acts, including, for example, the Human Rights Act 2019 .\n- (a) this Act;\n- (b) the Industrial Relations Act 2016 ;\n- (c) other Acts applying to the employee;\n- (d) industrial instruments applying to the employee;\n- (e) directives applying to the employee;\n- (f) the employee’s contract of employment.","sortOrder":18},{"sectionNumber":"sec.16","sectionType":"section","heading":"Who is a chief executive","content":"### sec.16 Who is a chief executive\n\nA chief executive , in relation to a public sector entity, is—\nfor a department—the individual appointed under this Act as the chief executive of the department; or\nfor a public service entity mentioned in section 9 (b) —the head of the entity; or\nfor another public sector entity—\nif a regulation prescribes a position for this subparagraph—the individual who holds the prescribed position; or\notherwise—the individual responsible for the day- to-day management of the entity or the entity’s affairs, whether or not the individual is subject to the direction of, or reports to, a governing body of the entity.\n- (a) for a department—the individual appointed under this Act as the chief executive of the department; or\n- (b) for a public service entity mentioned in section 9 (b) —the head of the entity; or\n- (c) for another public sector entity— (i) if a regulation prescribes a position for this subparagraph—the individual who holds the prescribed position; or (ii) otherwise—the individual responsible for the day- to-day management of the entity or the entity’s affairs, whether or not the individual is subject to the direction of, or reports to, a governing body of the entity.\n- (i) if a regulation prescribes a position for this subparagraph—the individual who holds the prescribed position; or\n- (ii) otherwise—the individual responsible for the day- to-day management of the entity or the entity’s affairs, whether or not the individual is subject to the direction of, or reports to, a governing body of the entity.\n- (i) if a regulation prescribes a position for this subparagraph—the individual who holds the prescribed position; or\n- (ii) otherwise—the individual responsible for the day- to-day management of the entity or the entity’s affairs, whether or not the individual is subject to the direction of, or reports to, a governing body of the entity.","sortOrder":19},{"sectionNumber":"sec.17","sectionType":"section","heading":"Who is a public sector employee’s chief executive","content":"### sec.17 Who is a public sector employee’s chief executive\n\nThe chief executive , of a public sector employee, is—\nfor a public service employee—the chief executive of the public service entity in which the employee is employed as a public service employee; or\nfor a public sector employee mentioned in section 12 (1) (b) —the chief executive of the public sector entity in which the employee is employed as a public sector employee.\nDespite subsection (1) (a) , if the employee is employed in a public service entity mentioned in section 9 (b) , the chief executive of the employee is the head of the entity.\nTo remove any doubt, it is declared that—\nthe chief executive of a health service employee appointed under the Hospital and Health Boards Act 2011 , section 67 (1) is the chief executive of the department mentioned in that section; and\nthe chief executive of a health executive or a senior health service employee appointed under the Hospital and Health Boards Act 2011 , section 67 (2) is the chief executive of the Service mentioned in that section; and\nthe chief executive of a health service employee appointed under the Hospital and Health Boards Act 2011 , section 67 (3) is the chief executive of the prescribed Service mentioned in that section.\n(sec.17-ssec.1) The chief executive , of a public sector employee, is— for a public service employee—the chief executive of the public service entity in which the employee is employed as a public service employee; or for a public sector employee mentioned in section 12 (1) (b) —the chief executive of the public sector entity in which the employee is employed as a public sector employee.\n(sec.17-ssec.2) Despite subsection (1) (a) , if the employee is employed in a public service entity mentioned in section 9 (b) , the chief executive of the employee is the head of the entity.\n(sec.17-ssec.3) To remove any doubt, it is declared that— the chief executive of a health service employee appointed under the Hospital and Health Boards Act 2011 , section 67 (1) is the chief executive of the department mentioned in that section; and the chief executive of a health executive or a senior health service employee appointed under the Hospital and Health Boards Act 2011 , section 67 (2) is the chief executive of the Service mentioned in that section; and the chief executive of a health service employee appointed under the Hospital and Health Boards Act 2011 , section 67 (3) is the chief executive of the prescribed Service mentioned in that section.\n- (a) for a public service employee—the chief executive of the public service entity in which the employee is employed as a public service employee; or\n- (b) for a public sector employee mentioned in section 12 (1) (b) —the chief executive of the public sector entity in which the employee is employed as a public sector employee.\n- (a) the chief executive of a health service employee appointed under the Hospital and Health Boards Act 2011 , section 67 (1) is the chief executive of the department mentioned in that section; and\n- (b) the chief executive of a health executive or a senior health service employee appointed under the Hospital and Health Boards Act 2011 , section 67 (2) is the chief executive of the Service mentioned in that section; and\n- (c) the chief executive of a health service employee appointed under the Hospital and Health Boards Act 2011 , section 67 (3) is the chief executive of the prescribed Service mentioned in that section.","sortOrder":20},{"sectionNumber":"sec.18","sectionType":"section","heading":"Relationship between chief executives and their employees","content":"### sec.18 Relationship between chief executives and their employees\n\nThe chief executive of a department is, for the State, responsible for the employment of public service employees of that department.\nThe public service employees of a department are responsible to that department’s chief executive in relation to their employment in that department.\nThe chief executive of a public sector entity other than a department is, for the State or the public sector entity, responsible for the employment of public sector employees of that public sector entity.\nThe public sector employees of a public sector entity other than a department are responsible to that public sector entity’s chief executive in relation to their employment in that public sector entity.\n(sec.18-ssec.1) The chief executive of a department is, for the State, responsible for the employment of public service employees of that department.\n(sec.18-ssec.2) The public service employees of a department are responsible to that department’s chief executive in relation to their employment in that department.\n(sec.18-ssec.3) The chief executive of a public sector entity other than a department is, for the State or the public sector entity, responsible for the employment of public sector employees of that public sector entity.\n(sec.18-ssec.4) The public sector employees of a public sector entity other than a department are responsible to that public sector entity’s chief executive in relation to their employment in that public sector entity.","sortOrder":21},{"sectionNumber":"ch.1-pt.3","sectionType":"part","heading":"Reframing of State’s relationship with Aboriginal peoples and Torres Strait Islander peoples","content":"# Reframing of State’s relationship with Aboriginal peoples and Torres Strait Islander peoples","sortOrder":22},{"sectionNumber":"ch.1-pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":23},{"sectionNumber":"sec.19","sectionType":"section","heading":"Purpose of part","content":"### sec.19 Purpose of part\n\nThe purpose of this part is to—\nensure reframing entities support the State government in reframing its relationship with Aboriginal peoples and Torres Strait Islander peoples, being Australia’s first peoples; and\ndevelop the cultural capability of prescribed entities.\nThe purpose is to be achieved by ensuring reframing entities and prescribed entities take active steps to—\nrecognise the importance to Aboriginal peoples and Torres Strait Islander peoples of the right to self-determination; and\nfoster a culturally capable workforce and a culturally safe workplace by developing the cultural capability of the entities.\n(sec.19-ssec.1) The purpose of this part is to— ensure reframing entities support the State government in reframing its relationship with Aboriginal peoples and Torres Strait Islander peoples, being Australia’s first peoples; and develop the cultural capability of prescribed entities.\n(sec.19-ssec.2) The purpose is to be achieved by ensuring reframing entities and prescribed entities take active steps to— recognise the importance to Aboriginal peoples and Torres Strait Islander peoples of the right to self-determination; and foster a culturally capable workforce and a culturally safe workplace by developing the cultural capability of the entities.\n- (a) ensure reframing entities support the State government in reframing its relationship with Aboriginal peoples and Torres Strait Islander peoples, being Australia’s first peoples; and\n- (b) develop the cultural capability of prescribed entities.\n- (a) recognise the importance to Aboriginal peoples and Torres Strait Islander peoples of the right to self-determination; and\n- (b) foster a culturally capable workforce and a culturally safe workplace by developing the cultural capability of the entities.","sortOrder":24},{"sectionNumber":"sec.20","sectionType":"section","heading":"Definitions for part","content":"### sec.20 Definitions for part\n\nIn this part—\ncultural capability , of an entity, means the integration of knowledge about the experiences and aspirations of Aboriginal peoples and Torres Strait Islander peoples into the entity’s workplace standards, policies, practices and attitudes to produce improved outcomes for Aboriginal peoples and Torres Strait Islander peoples.\nreframing entity means—\na public sector entity; or\nthe police service; or\nan entity prescribed by another Act for this definition; or\nan entity prescribed by regulation for this definition.\n- (a) a public sector entity; or\n- (b) the police service; or\n- (c) an entity prescribed by another Act for this definition; or\n- (d) an entity prescribed by regulation for this definition.","sortOrder":25},{"sectionNumber":"ch.1-pt.3-div.2","sectionType":"division","heading":"Responsibilities","content":"## Responsibilities","sortOrder":26},{"sectionNumber":"sec.21","sectionType":"section","heading":"Responsibilities for supporting a reframed relationship with Aboriginal peoples and Torres Strait Islander peoples","content":"### sec.21 Responsibilities for supporting a reframed relationship with Aboriginal peoples and Torres Strait Islander peoples\n\nReframing entities, as providers of public services to the people of Queensland, have a unique role in supporting the State government in reframing its relationship with Aboriginal peoples and Torres Strait Islander peoples.\nReframing entities fulfil the role by—\nrecognising and honouring Aboriginal peoples and Torres Strait Islander peoples as the first peoples of Queensland; and\nengaging in truth-telling about the shared history of all Australians; and\nrecognising the importance to Aboriginal peoples and Torres Strait Islander peoples of the right to self-determination; and\npromoting cultural safety and cultural capability at all levels of the public sector; and\nworking in partnership with Aboriginal peoples and Torres Strait Islander peoples to actively promote, include and act in a way that aligns with their perspectives, in particular when making decisions directly affecting them; and\nensuring the workforce and leadership of the entities are reflective of the community they serve, having regard to chapter 2 and chapter 3 , part 3 ; and\npromoting a fair and inclusive public sector that supports a sense of dignity and belonging for Aboriginal peoples and Torres Strait Islander peoples; and\nsupporting the aims, aspirations and employment needs of Aboriginal peoples and Torres Strait Islander peoples and the need for their greater involvement in the public sector.\nThe chief executive of a reframing entity is responsible for ensuring the entity fulfils the role.\nTo remove any doubt, it is declared that—\nan act or decision is not invalid merely because a person fails to comply with this section; and\nnothing in this section creates in a person a legal right or gives rise to a civil cause of action.\n(sec.21-ssec.1) Reframing entities, as providers of public services to the people of Queensland, have a unique role in supporting the State government in reframing its relationship with Aboriginal peoples and Torres Strait Islander peoples.\n(sec.21-ssec.2) Reframing entities fulfil the role by— recognising and honouring Aboriginal peoples and Torres Strait Islander peoples as the first peoples of Queensland; and engaging in truth-telling about the shared history of all Australians; and recognising the importance to Aboriginal peoples and Torres Strait Islander peoples of the right to self-determination; and promoting cultural safety and cultural capability at all levels of the public sector; and working in partnership with Aboriginal peoples and Torres Strait Islander peoples to actively promote, include and act in a way that aligns with their perspectives, in particular when making decisions directly affecting them; and ensuring the workforce and leadership of the entities are reflective of the community they serve, having regard to chapter 2 and chapter 3 , part 3 ; and promoting a fair and inclusive public sector that supports a sense of dignity and belonging for Aboriginal peoples and Torres Strait Islander peoples; and supporting the aims, aspirations and employment needs of Aboriginal peoples and Torres Strait Islander peoples and the need for their greater involvement in the public sector.\n(sec.21-ssec.3) The chief executive of a reframing entity is responsible for ensuring the entity fulfils the role.\n(sec.21-ssec.4) To remove any doubt, it is declared that— an act or decision is not invalid merely because a person fails to comply with this section; and nothing in this section creates in a person a legal right or gives rise to a civil cause of action.\n- (a) recognising and honouring Aboriginal peoples and Torres Strait Islander peoples as the first peoples of Queensland; and\n- (b) engaging in truth-telling about the shared history of all Australians; and\n- (c) recognising the importance to Aboriginal peoples and Torres Strait Islander peoples of the right to self-determination; and\n- (d) promoting cultural safety and cultural capability at all levels of the public sector; and\n- (e) working in partnership with Aboriginal peoples and Torres Strait Islander peoples to actively promote, include and act in a way that aligns with their perspectives, in particular when making decisions directly affecting them; and\n- (f) ensuring the workforce and leadership of the entities are reflective of the community they serve, having regard to chapter 2 and chapter 3 , part 3 ; and\n- (g) promoting a fair and inclusive public sector that supports a sense of dignity and belonging for Aboriginal peoples and Torres Strait Islander peoples; and\n- (h) supporting the aims, aspirations and employment needs of Aboriginal peoples and Torres Strait Islander peoples and the need for their greater involvement in the public sector.\n- (a) an act or decision is not invalid merely because a person fails to comply with this section; and\n- (b) nothing in this section creates in a person a legal right or gives rise to a civil cause of action.","sortOrder":27},{"sectionNumber":"ch.1-pt.3-div.3","sectionType":"division","heading":"Plan and audit","content":"## Plan and audit","sortOrder":28},{"sectionNumber":"sec.22","sectionType":"section","heading":"Definition for division","content":"### sec.22 Definition for division\n\nIn this division—\nprescribed entity means—\na department; or\na Hospital and Health Service established under the Hospital and Health Boards Act 2011 , section 17 ; or\nthe police service; or\nan entity prescribed by another Act for this definition; or\nan entity prescribed by regulation for this definition.\n- (a) a department; or\n- (b) a Hospital and Health Service established under the Hospital and Health Boards Act 2011 , section 17 ; or\n- (c) the police service; or\n- (d) an entity prescribed by another Act for this definition; or\n- (e) an entity prescribed by regulation for this definition.","sortOrder":29},{"sectionNumber":"sec.23","sectionType":"section","heading":"Reframing the relationship plan and audit","content":"### sec.23 Reframing the relationship plan and audit\n\nThe chief executive of a prescribed entity must, as part of the entity’s workforce planning, make a document (a reframing the relationship plan ), informed by the matters mentioned in section 21 , that identifies the measures for developing the cultural capability of the entity when—\nproviding advice to the State government; and\ndelivering services to the community.\nThe reframing the relationship plan must be published—\non the prescribed entity’s website; or\nif the prescribed entity does not have a website, in another publicly available way the chief executive of the entity considers appropriate.\nAs soon as practicable after the end of each financial year, the chief executive of the prescribed entity must conduct an audit of the entity’s performance as measured against the reframing the relationship plan.\nThe chief executive of the prescribed entity—\nmust review the reframing the relationship plan annually; and\nmay amend the plan at any time; and\nis responsible for the implementation and outcomes of the plan.\n(sec.23-ssec.1) The chief executive of a prescribed entity must, as part of the entity’s workforce planning, make a document (a reframing the relationship plan ), informed by the matters mentioned in section 21 , that identifies the measures for developing the cultural capability of the entity when— providing advice to the State government; and delivering services to the community.\n(sec.23-ssec.2) The reframing the relationship plan must be published— on the prescribed entity’s website; or if the prescribed entity does not have a website, in another publicly available way the chief executive of the entity considers appropriate.\n(sec.23-ssec.3) As soon as practicable after the end of each financial year, the chief executive of the prescribed entity must conduct an audit of the entity’s performance as measured against the reframing the relationship plan.\n(sec.23-ssec.4) The chief executive of the prescribed entity— must review the reframing the relationship plan annually; and may amend the plan at any time; and is responsible for the implementation and outcomes of the plan.\n- (a) providing advice to the State government; and\n- (b) delivering services to the community.\n- (a) on the prescribed entity’s website; or\n- (b) if the prescribed entity does not have a website, in another publicly available way the chief executive of the entity considers appropriate.\n- (a) must review the reframing the relationship plan annually; and\n- (b) may amend the plan at any time; and\n- (c) is responsible for the implementation and outcomes of the plan.","sortOrder":30},{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":31},{"sectionNumber":"sec.24","sectionType":"section","heading":"Purpose of chapter","content":"### sec.24 Purpose of chapter\n\nThe purpose of this chapter is to ensure each prescribed entity—\ndevelops a diverse workforce that represents and reflects the diverse views, experiences and backgrounds of the people of Queensland; and\nactively progresses equity and diversity in employment matters for diversity target groups, including conducting an annual equity and diversity audit and actively progressing gender pay equity; and\ncan demonstrate there are equal conditions of employment and equality in access to employment opportunities and leadership roles; and\nfosters a respectful and inclusive workplace culture in which all employees feel safe, valued, accepted and supported at work and can participate equally; and\ncreates a workplace free from unlawful discrimination.\nIn this section—\nactively progressing gender pay equity includes taking measures to achieve—\nequal remuneration for male and female employees for work of equal or comparable value; and\nequity for women in employment conditions; and\nequity in women’s access to working arrangements and employment and development opportunities.\n(sec.24-ssec.1) The purpose of this chapter is to ensure each prescribed entity— develops a diverse workforce that represents and reflects the diverse views, experiences and backgrounds of the people of Queensland; and actively progresses equity and diversity in employment matters for diversity target groups, including conducting an annual equity and diversity audit and actively progressing gender pay equity; and can demonstrate there are equal conditions of employment and equality in access to employment opportunities and leadership roles; and fosters a respectful and inclusive workplace culture in which all employees feel safe, valued, accepted and supported at work and can participate equally; and creates a workplace free from unlawful discrimination.\n(sec.24-ssec.2) In this section— actively progressing gender pay equity includes taking measures to achieve— equal remuneration for male and female employees for work of equal or comparable value; and equity for women in employment conditions; and equity in women’s access to working arrangements and employment and development opportunities.\n- (a) develops a diverse workforce that represents and reflects the diverse views, experiences and backgrounds of the people of Queensland; and\n- (b) actively progresses equity and diversity in employment matters for diversity target groups, including conducting an annual equity and diversity audit and actively progressing gender pay equity; and\n- (c) can demonstrate there are equal conditions of employment and equality in access to employment opportunities and leadership roles; and\n- (d) fosters a respectful and inclusive workplace culture in which all employees feel safe, valued, accepted and supported at work and can participate equally; and\n- (e) creates a workplace free from unlawful discrimination.\n- (a) equal remuneration for male and female employees for work of equal or comparable value; and\n- (b) equity for women in employment conditions; and\n- (c) equity in women’s access to working arrangements and employment and development opportunities.","sortOrder":32},{"sectionNumber":"sec.25","sectionType":"section","heading":"Definitions for chapter","content":"### sec.25 Definitions for chapter\n\nIn this chapter—\nchapter 2 special commissioner means a person appointed as a special commissioner under section 230 whose area of public sector administration stated in the person’s instrument of appointment relates to promoting equity, diversity, respect and inclusion in employment.\nchief executive , of a prescribed entity—\nfor a prescribed entity that is a public sector entity—see section 16 ; or\notherwise—the individual responsible for the day-to-day management of the entity or the entity’s affairs, whether or not the individual is subject to the direction of, or reports to, a governing body of the entity.\nculture of respect and inclusion , in relation to a prescribed entity’s workforce, see section 32 .\ndiversity target group means any of the following groups—\nAboriginal peoples and Torres Strait Islander peoples;\npeople from culturally and linguistically diverse backgrounds;\npeople with disability;\nwomen;\na group prescribed by regulation for this definition.\nemployee includes an individual appointed under a statutory appointment.\nequity and diversity audit see section 29 (1) .\nequity and diversity plan see section 28 (1) .\nequity and diversity report see section 29 (3) .\nprescribed entity means—\na public sector entity; or\nthe police service; or\nan entity prescribed by another Act for this definition; or\nan entity prescribed by regulation for this definition.\nunlawful discrimination means discrimination that is unlawful under the Anti-Discrimination Act 1991 .\n- (a) for a prescribed entity that is a public sector entity—see section 16 ; or\n- (b) otherwise—the individual responsible for the day-to-day management of the entity or the entity’s affairs, whether or not the individual is subject to the direction of, or reports to, a governing body of the entity.\n- (a) Aboriginal peoples and Torres Strait Islander peoples;\n- (b) people from culturally and linguistically diverse backgrounds;\n- (c) people with disability;\n- (d) women;\n- (e) a group prescribed by regulation for this definition.\n- (a) a public sector entity; or\n- (b) the police service; or\n- (c) an entity prescribed by another Act for this definition; or\n- (d) an entity prescribed by regulation for this definition.","sortOrder":33},{"sectionNumber":"sec.26","sectionType":"section","heading":"Application of chapter","content":"### sec.26 Application of chapter\n\nThis chapter applies in relation to a prescribed entity only to the extent the prescribed entity has employees.","sortOrder":34},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":"Equity and diversity in employment","content":"# Equity and diversity in employment","sortOrder":35},{"sectionNumber":"sec.27","sectionType":"section","heading":"Duty to promote equity and diversity","content":"### sec.27 Duty to promote equity and diversity\n\nThe chief executive of a prescribed entity must take reasonable action to—\npromote, support and progress equity and diversity in the entity in relation to employment matters; and\nensure people who are members of 1 or more diversity target groups are able to pursue careers, and compete for recruitment, selection and promotion opportunities, in the entity; and\neliminate unlawful discrimination in the entity in relation to employment matters.\n(sec.27-ssec) The chief executive of a prescribed entity must take reasonable action to— promote, support and progress equity and diversity in the entity in relation to employment matters; and ensure people who are members of 1 or more diversity target groups are able to pursue careers, and compete for recruitment, selection and promotion opportunities, in the entity; and eliminate unlawful discrimination in the entity in relation to employment matters.\n- (a) promote, support and progress equity and diversity in the entity in relation to employment matters; and\n- (b) ensure people who are members of 1 or more diversity target groups are able to pursue careers, and compete for recruitment, selection and promotion opportunities, in the entity; and\n- (c) eliminate unlawful discrimination in the entity in relation to employment matters.","sortOrder":36},{"sectionNumber":"sec.28","sectionType":"section","heading":"Equity and diversity plan","content":"### sec.28 Equity and diversity plan\n\nThe chief executive of a prescribed entity must, as part of the entity’s workforce planning, make a document (an equity and diversity plan ) that identifies the measures for improving equity and diversity in the entity in relation to employment matters.\nWithout limiting subsection (1) , the measures identified in the equity and diversity plan must include—\nthe establishment of objectives, strategies and targets for the employment of people who are members of 1 or more diversity target groups in the prescribed entity; and\nany other measure prescribed by regulation.\nThe equity and diversity plan must be published—\non the prescribed entity’s website; or\nif the prescribed entity does not have a website, in another publicly available way the chief executive of the entity considers appropriate.\nThe chief executive of the prescribed entity—\nmust review the equity and diversity plan annually; and\nmay amend the plan at any time, having regard to the most recent equity and diversity audit and equity and diversity report; and\nis responsible for the implementation and outcomes of the plan.\nTo remove any doubt, it is declared that the equity and diversity plan may also address matters about a group of employees that is not a diversity target group.\npeople with diverse sexual orientations, gender identities or intersex variations\n(sec.28-ssec.1) The chief executive of a prescribed entity must, as part of the entity’s workforce planning, make a document (an equity and diversity plan ) that identifies the measures for improving equity and diversity in the entity in relation to employment matters.\n(sec.28-ssec.2) Without limiting subsection (1) , the measures identified in the equity and diversity plan must include— the establishment of objectives, strategies and targets for the employment of people who are members of 1 or more diversity target groups in the prescribed entity; and any other measure prescribed by regulation.\n(sec.28-ssec.3) The equity and diversity plan must be published— on the prescribed entity’s website; or if the prescribed entity does not have a website, in another publicly available way the chief executive of the entity considers appropriate.\n(sec.28-ssec.4) The chief executive of the prescribed entity— must review the equity and diversity plan annually; and may amend the plan at any time, having regard to the most recent equity and diversity audit and equity and diversity report; and is responsible for the implementation and outcomes of the plan.\n(sec.28-ssec.5) To remove any doubt, it is declared that the equity and diversity plan may also address matters about a group of employees that is not a diversity target group. people with diverse sexual orientations, gender identities or intersex variations\n- (a) the establishment of objectives, strategies and targets for the employment of people who are members of 1 or more diversity target groups in the prescribed entity; and\n- (b) any other measure prescribed by regulation.\n- (a) on the prescribed entity’s website; or\n- (b) if the prescribed entity does not have a website, in another publicly available way the chief executive of the entity considers appropriate.\n- (a) must review the equity and diversity plan annually; and\n- (b) may amend the plan at any time, having regard to the most recent equity and diversity audit and equity and diversity report; and\n- (c) is responsible for the implementation and outcomes of the plan.","sortOrder":37},{"sectionNumber":"sec.29","sectionType":"section","heading":"Equity and diversity audit and report","content":"### sec.29 Equity and diversity audit and report\n\nThe chief executive of a prescribed entity must conduct an audit each year (an equity and diversity audit )—\nto gather information about the composition of the entity’s workforce; and\nif the entity had an equity and diversity plan for the previous year—to analyse performance against that plan; and\notherwise to identify and analyse opportunities to promote, support and progress equity and diversity in the entity.\nIn planning for and conducting the audit, the chief executive of the prescribed entity must consider—\nthe purpose of this chapter under section 24 ; and\nthe chief executive’s duty under section 27 ; and\nthe obligation under section 28 for the chief executive to make an equity and diversity plan.\nAs soon as practicable after conducting the audit, the chief executive of the prescribed entity must prepare a report about the information gathered in the audit (an equity and diversity report ).\nIf the commissioner or chapter 2 special commissioner asks the chief executive of the prescribed entity for a copy of the equity and diversity report, the chief executive must comply with the request.\n(sec.29-ssec.1) The chief executive of a prescribed entity must conduct an audit each year (an equity and diversity audit )— to gather information about the composition of the entity’s workforce; and if the entity had an equity and diversity plan for the previous year—to analyse performance against that plan; and otherwise to identify and analyse opportunities to promote, support and progress equity and diversity in the entity.\n(sec.29-ssec.2) In planning for and conducting the audit, the chief executive of the prescribed entity must consider— the purpose of this chapter under section 24 ; and the chief executive’s duty under section 27 ; and the obligation under section 28 for the chief executive to make an equity and diversity plan.\n(sec.29-ssec.3) As soon as practicable after conducting the audit, the chief executive of the prescribed entity must prepare a report about the information gathered in the audit (an equity and diversity report ).\n(sec.29-ssec.4) If the commissioner or chapter 2 special commissioner asks the chief executive of the prescribed entity for a copy of the equity and diversity report, the chief executive must comply with the request.\n- (a) to gather information about the composition of the entity’s workforce; and\n- (b) if the entity had an equity and diversity plan for the previous year—to analyse performance against that plan; and\n- (c) otherwise to identify and analyse opportunities to promote, support and progress equity and diversity in the entity.\n- (a) the purpose of this chapter under section 24 ; and\n- (b) the chief executive’s duty under section 27 ; and\n- (c) the obligation under section 28 for the chief executive to make an equity and diversity plan.","sortOrder":38},{"sectionNumber":"sec.30","sectionType":"section","heading":"Request for information","content":"### sec.30 Request for information\n\nThe commissioner or chapter 2 special commissioner may ask the chief executive of a prescribed entity to provide information about the chief executive’s compliance with section 27 , 28 or 29 .\nAlso, the commissioner or chapter 2 special commissioner may ask for the following information for the prescribed entity—\nthe steps the entity has taken to comply with its equity and diversity plan;\nthe other information prescribed by regulation.\nThe chief executive of the prescribed entity must give the commissioner and chapter 2 special commissioner the information within 3 months after receiving the request.\n(sec.30-ssec.1) The commissioner or chapter 2 special commissioner may ask the chief executive of a prescribed entity to provide information about the chief executive’s compliance with section 27 , 28 or 29 .\n(sec.30-ssec.2) Also, the commissioner or chapter 2 special commissioner may ask for the following information for the prescribed entity— the steps the entity has taken to comply with its equity and diversity plan; the other information prescribed by regulation.\n(sec.30-ssec.3) The chief executive of the prescribed entity must give the commissioner and chapter 2 special commissioner the information within 3 months after receiving the request.\n- (a) the steps the entity has taken to comply with its equity and diversity plan;\n- (b) the other information prescribed by regulation.","sortOrder":39},{"sectionNumber":"sec.31","sectionType":"section","heading":"Recommendation to take particular action","content":"### sec.31 Recommendation to take particular action\n\nThis section applies if the commissioner or chapter 2 special commissioner believes that the chief executive of a prescribed entity has not fully complied with the obligation under section 28 (1) to make an equity and diversity plan.\nThe commissioner or chapter 2 special commissioner may recommend to the chief executive of the prescribed entity that particular action (the recommended action ) be taken to improve compliance with the obligation.\nWithout limiting subsection (2) , the commissioner or chapter 2 special commissioner may recommend to the chief executive of the prescribed entity that the entity’s equity and diversity plan be amended.\nThe chief executive of the prescribed entity must either—\ntake the recommended action; or\ngive the commissioner and chapter 2 special commissioner a notice stating the reasons why the recommended action can not be taken.\n(sec.31-ssec.1) This section applies if the commissioner or chapter 2 special commissioner believes that the chief executive of a prescribed entity has not fully complied with the obligation under section 28 (1) to make an equity and diversity plan.\n(sec.31-ssec.2) The commissioner or chapter 2 special commissioner may recommend to the chief executive of the prescribed entity that particular action (the recommended action ) be taken to improve compliance with the obligation.\n(sec.31-ssec.3) Without limiting subsection (2) , the commissioner or chapter 2 special commissioner may recommend to the chief executive of the prescribed entity that the entity’s equity and diversity plan be amended.\n(sec.31-ssec.4) The chief executive of the prescribed entity must either— take the recommended action; or give the commissioner and chapter 2 special commissioner a notice stating the reasons why the recommended action can not be taken.\n- (a) take the recommended action; or\n- (b) give the commissioner and chapter 2 special commissioner a notice stating the reasons why the recommended action can not be taken.","sortOrder":40},{"sectionNumber":"ch.2-pt.3","sectionType":"part","heading":"Culture of respect and inclusion in the public sector","content":"# Culture of respect and inclusion in the public sector","sortOrder":41},{"sectionNumber":"sec.32","sectionType":"section","heading":"What is a culture of respect and inclusion","content":"### sec.32 What is a culture of respect and inclusion\n\nA culture of respect and inclusion , in relation to a prescribed entity’s workplace, includes a culture where—\nall employees feel safe in the workplace; and\nthe experiences and perspectives of members of diversity target groups, and other groups of employees that are not diversity target groups, are invited and respected; and\npeople with diverse sexual orientations, gender identities or intersex variations\na culture of belonging is fostered in the entity’s workforce; and\nemployees in the entity are supported to work together to improve performance and wellbeing of all employees; and\nemployees in the entity possess the skills and knowledge, and have access to the systems, necessary to engage in employment matters in a respectful, appropriate and safe way.\n- (a) all employees feel safe in the workplace; and\n- (b) the experiences and perspectives of members of diversity target groups, and other groups of employees that are not diversity target groups, are invited and respected; and Example of a group of employees that is not a diversity target group— people with diverse sexual orientations, gender identities or intersex variations\n- (c) a culture of belonging is fostered in the entity’s workforce; and\n- (d) employees in the entity are supported to work together to improve performance and wellbeing of all employees; and\n- (e) employees in the entity possess the skills and knowledge, and have access to the systems, necessary to engage in employment matters in a respectful, appropriate and safe way.","sortOrder":42},{"sectionNumber":"sec.33","sectionType":"section","heading":"Duty to promote and support culture of respect and inclusion","content":"### sec.33 Duty to promote and support culture of respect and inclusion\n\nThe chief executive of a prescribed entity is responsible for promoting and supporting a culture of respect and inclusion in the entity’s workplace.\nThe chief executive of a prescribed entity must ensure the entity’s training programs, policies and practices specifically promote and support a culture of respect and inclusion.\nTo remove any doubt, it is declared that the prescribed entity’s equity and diversity plan may outline measures for fulfilling the requirements under subsection (1) or (2) .\nThe prescribed entity’s equity and diversity plan may contain measures for promoting a culture in which the experiences and perspectives of people with diverse sexual orientations, gender identities or intersex variations are invited and respected.\n(sec.33-ssec.1) The chief executive of a prescribed entity is responsible for promoting and supporting a culture of respect and inclusion in the entity’s workplace.\n(sec.33-ssec.2) The chief executive of a prescribed entity must ensure the entity’s training programs, policies and practices specifically promote and support a culture of respect and inclusion.\n(sec.33-ssec.3) To remove any doubt, it is declared that the prescribed entity’s equity and diversity plan may outline measures for fulfilling the requirements under subsection (1) or (2) . The prescribed entity’s equity and diversity plan may contain measures for promoting a culture in which the experiences and perspectives of people with diverse sexual orientations, gender identities or intersex variations are invited and respected.","sortOrder":43},{"sectionNumber":"sec.34","sectionType":"section","heading":"Request for information","content":"### sec.34 Request for information\n\nThe commissioner or chapter 2 special commissioner may ask the chief executive of a prescribed entity to provide information about the entity’s compliance with section 33 .\nThe chief executive of the prescribed entity must give the commissioner and chapter 2 special commissioner the information within 3 months after receiving the request.\n(sec.34-ssec.1) The commissioner or chapter 2 special commissioner may ask the chief executive of a prescribed entity to provide information about the entity’s compliance with section 33 .\n(sec.34-ssec.2) The chief executive of the prescribed entity must give the commissioner and chapter 2 special commissioner the information within 3 months after receiving the request.","sortOrder":44},{"sectionNumber":"sec.35","sectionType":"section","heading":"Recommendation to take particular action","content":"### sec.35 Recommendation to take particular action\n\nThis section applies if the commissioner or chapter 2 special commissioner believes, on the basis of information given under section 34 , that the chief executive of a prescribed entity has not fully complied with the obligation under section 33 (2) .\nThe commissioner or chapter 2 special commissioner may recommend to the chief executive of the prescribed entity that particular action (the recommended action ) be taken to improve compliance with the obligation.\nThe chief executive of the prescribed entity must either—\ntake the recommended action; or\ngive the commissioner and chapter 2 special commissioner a notice stating the reasons why the recommended action can not be taken.\n(sec.35-ssec.1) This section applies if the commissioner or chapter 2 special commissioner believes, on the basis of information given under section 34 , that the chief executive of a prescribed entity has not fully complied with the obligation under section 33 (2) .\n(sec.35-ssec.2) The commissioner or chapter 2 special commissioner may recommend to the chief executive of the prescribed entity that particular action (the recommended action ) be taken to improve compliance with the obligation.\n(sec.35-ssec.3) The chief executive of the prescribed entity must either— take the recommended action; or give the commissioner and chapter 2 special commissioner a notice stating the reasons why the recommended action can not be taken.\n- (a) take the recommended action; or\n- (b) give the commissioner and chapter 2 special commissioner a notice stating the reasons why the recommended action can not be taken.","sortOrder":45},{"sectionNumber":"ch.2-pt.4","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":46},{"sectionNumber":"sec.36","sectionType":"section","heading":"Annual report","content":"### sec.36 Annual report\n\nThis section applies to the following person (the relevant commissioner )—\nthe chapter 2 special commissioner;\nif there is not a chapter 2 special commissioner—the commissioner.\nAs soon as practicable after the end of each financial year, the relevant commissioner must prepare and give to the chairperson of the council a report about the relevant commissioner’s activities under chapter 2 during the financial year.\nThe chairperson must give the Minister and the council a copy of the report.\n(sec.36-ssec.1) This section applies to the following person (the relevant commissioner )— the chapter 2 special commissioner; if there is not a chapter 2 special commissioner—the commissioner.\n(sec.36-ssec.2) As soon as practicable after the end of each financial year, the relevant commissioner must prepare and give to the chairperson of the council a report about the relevant commissioner’s activities under chapter 2 during the financial year.\n(sec.36-ssec.3) The chairperson must give the Minister and the council a copy of the report.\n- (a) the chapter 2 special commissioner;\n- (b) if there is not a chapter 2 special commissioner—the commissioner.","sortOrder":47},{"sectionNumber":"sec.37","sectionType":"section","heading":"Exemption from particular requirements and obligations","content":"### sec.37 Exemption from particular requirements and obligations\n\nThis section applies if the commissioner or chapter 2 special commissioner believes it is not reasonably practicable for the chief executive of a prescribed entity to comply with any of the following requirements or obligations because of the number of staff or other resources of the entity—\na requirement to make an equity and diversity plan;\na requirement to conduct an equity and diversity audit;\na requirement to prepare an equity and diversity report;\nan obligation under section 33 (2) .\nThe commissioner or chapter 2 special commissioner may give the chief executive of the prescribed entity an exemption from the requirement or obligation.\nThe exemption may be for all years or a particular year.\nThe commissioner or chapter 2 special commissioner may cancel all or part of the exemption.\nThe exemption or cancellation must be in writing.\n(sec.37-ssec.1) This section applies if the commissioner or chapter 2 special commissioner believes it is not reasonably practicable for the chief executive of a prescribed entity to comply with any of the following requirements or obligations because of the number of staff or other resources of the entity— a requirement to make an equity and diversity plan; a requirement to conduct an equity and diversity audit; a requirement to prepare an equity and diversity report; an obligation under section 33 (2) .\n(sec.37-ssec.2) The commissioner or chapter 2 special commissioner may give the chief executive of the prescribed entity an exemption from the requirement or obligation.\n(sec.37-ssec.3) The exemption may be for all years or a particular year.\n(sec.37-ssec.4) The commissioner or chapter 2 special commissioner may cancel all or part of the exemption.\n(sec.37-ssec.5) The exemption or cancellation must be in writing.\n- (a) a requirement to make an equity and diversity plan;\n- (b) a requirement to conduct an equity and diversity audit;\n- (c) a requirement to prepare an equity and diversity report;\n- (d) an obligation under section 33 (2) .","sortOrder":48},{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":49},{"sectionNumber":"sec.38","sectionType":"section","heading":"Application of chapter","content":"### sec.38 Application of chapter\n\nThis chapter applies to public sector entities and public sector employees.","sortOrder":50},{"sectionNumber":"ch.3-pt.2","sectionType":"part","heading":"Principles","content":"# Principles","sortOrder":51},{"sectionNumber":"sec.39","sectionType":"section","heading":"Public sector principles","content":"### sec.39 Public sector principles\n\nIn recognition that public sector entities are established for a public or State purpose, and of the trust the people of Queensland place in public sector entities, a public sector entity should be guided by the principles mentioned in subsections (2) and (3) (the public sector principles ).\nThe management of the public sector should be guided by the following principles—\nachieving a spirit of service to the community;\nensuring accountability, integrity and support of the public interest;\nensuring independence, transparency and impartiality in giving advice and making decisions;\nachieving responsiveness, innovation and creativity;\npromoting collaboration between public sector entities and other entities in providing services to the community;\nachieving continuous organisational improvement.\nThe employment of public sector employees should be guided by the following principles—\nensuring employment on a permanent basis is the default basis of employment, other than for non-industrial instrument employees;\nsupporting equity, diversity, respect and inclusion at work;\nensuring the taking of measures aimed at implementing and promoting pay equity;\nensuring effectiveness and efficiency while maintaining a focus on the future;\nensuring fairness and impartiality in making decisions;\nremunerating employees at rates appropriate to their responsibilities;\npromoting equitable and flexible working environments.\n(sec.39-ssec.1) In recognition that public sector entities are established for a public or State purpose, and of the trust the people of Queensland place in public sector entities, a public sector entity should be guided by the principles mentioned in subsections (2) and (3) (the public sector principles ).\n(sec.39-ssec.2) The management of the public sector should be guided by the following principles— achieving a spirit of service to the community; ensuring accountability, integrity and support of the public interest; ensuring independence, transparency and impartiality in giving advice and making decisions; achieving responsiveness, innovation and creativity; promoting collaboration between public sector entities and other entities in providing services to the community; achieving continuous organisational improvement.\n(sec.39-ssec.3) The employment of public sector employees should be guided by the following principles— ensuring employment on a permanent basis is the default basis of employment, other than for non-industrial instrument employees; supporting equity, diversity, respect and inclusion at work; ensuring the taking of measures aimed at implementing and promoting pay equity; ensuring effectiveness and efficiency while maintaining a focus on the future; ensuring fairness and impartiality in making decisions; remunerating employees at rates appropriate to their responsibilities; promoting equitable and flexible working environments.\n- (a) achieving a spirit of service to the community;\n- (b) ensuring accountability, integrity and support of the public interest;\n- (c) ensuring independence, transparency and impartiality in giving advice and making decisions;\n- (d) achieving responsiveness, innovation and creativity;\n- (e) promoting collaboration between public sector entities and other entities in providing services to the community;\n- (f) achieving continuous organisational improvement.\n- (a) ensuring employment on a permanent basis is the default basis of employment, other than for non-industrial instrument employees;\n- (b) supporting equity, diversity, respect and inclusion at work;\n- (c) ensuring the taking of measures aimed at implementing and promoting pay equity;\n- (d) ensuring effectiveness and efficiency while maintaining a focus on the future;\n- (e) ensuring fairness and impartiality in making decisions;\n- (f) remunerating employees at rates appropriate to their responsibilities;\n- (g) promoting equitable and flexible working environments.","sortOrder":52},{"sectionNumber":"sec.40","sectionType":"section","heading":"Work performance and personal conduct principles","content":"### sec.40 Work performance and personal conduct principles\n\nIn recognition that public sector employment involves a public trust, the work performance and personal conduct of each public sector employee should be guided by the following principles (the work performance and personal conduct principles )—\nachieving excellence in service delivery;\nensuring the effective, efficient and appropriate use of public resources;\ngiving effect to government policies and priorities;\ncollaborating with other public sector entities with a focus on public sector-wide priorities in addition to priorities specific to particular public sector entities, if appropriate and while recognising the need for independence of particular public sector entities;\nproviding sound and impartial advice to government;\ncontinuously improving work performance, including through training and development;\ncarrying out duties impartially and with integrity;\nacting honestly, fairly and in the public interest;\ninteracting with staff members under the Ministerial and Other Office Holder Staff Act 2010 respectfully, collaboratively and with integrity;\nobserving all laws relevant to the employment;\nensuring the employee’s personal conduct does not reflect adversely on the reputation of the public sector entity in which the employee is employed;\nobserving the ethics principles under the Public Sector Ethics Act 1994 , section 4 ;\ncomplying with an approved code of conduct and any approved standard of practice as required under the Public Sector Ethics Act 1994 , section 12H or 18 .\nA public sector manager must take all reasonable steps to ensure each public sector employee under the manager’s management is aware of the following matters—\nthe work performance and personal conduct expected of the employee;\nthe public sector principles;\nthe values of the public sector entity in which the employee is employed;\nfor a public service employee—the values of the public service;\nwhat constitutes corrupt conduct under the Crime and Corruption Act 2001 .\nAlso, a public sector manager must—\nprovide working environments in which all public sector employees are—\ntreated fairly and reasonably; and\nassigned work according to the employee’s responsibilities as reflected in remuneration rates; and\nconsider and give effect to the following matters when undertaking management responsibilities—\nthe public sector principles;\nthe values of the public sector entity in which the employee is employed;\nif the manager is a public service employee—the values of the public service; and\nensure fairness and integrity in performing managerial functions, including when making decisions; and\nundertake best practice human resource management, including the application of the positive performance management principles in the following ways—\npro-actively managing the work performance and personal conduct of public sector employees;\nconstructively engaging with public sector employees to identify development and training opportunities, improve work performance, and build expertise in the public sector;\ntaking prompt and appropriate action to address any unacceptable work performance or personal conduct that arises; and\ntake personal responsibility for development as a manager.\nA chief executive of a public sector entity has overall responsibility for—\nensuring the entity performs its functions in a way consistent with—\nthe main purpose of the Act ; and\nthe ways in which the main purpose of the Act is to be primarily achieved; and\nthe public sector principles; and\nensuring managers within the entity perform managerial functions in accordance with the positive performance management principles; and\nensuring public sector employees have access to fair and independent reviews and appeals; and\nensuring the entity has workforce and human resource planning and practices, including systems for the regular review of employment arrangements for public sector employees.\nIf the chief executive is an accountable officer under the Financial Accountability Act 2009 , see also the responsibility of the chief executive to develop the strategic plan and operational plan under the Financial and Performance Management Standard 2019 , section 8 .\n(sec.40-ssec.1) In recognition that public sector employment involves a public trust, the work performance and personal conduct of each public sector employee should be guided by the following principles (the work performance and personal conduct principles )— achieving excellence in service delivery; ensuring the effective, efficient and appropriate use of public resources; giving effect to government policies and priorities; collaborating with other public sector entities with a focus on public sector-wide priorities in addition to priorities specific to particular public sector entities, if appropriate and while recognising the need for independence of particular public sector entities; providing sound and impartial advice to government; continuously improving work performance, including through training and development; carrying out duties impartially and with integrity; acting honestly, fairly and in the public interest; interacting with staff members under the Ministerial and Other Office Holder Staff Act 2010 respectfully, collaboratively and with integrity; observing all laws relevant to the employment; ensuring the employee’s personal conduct does not reflect adversely on the reputation of the public sector entity in which the employee is employed; observing the ethics principles under the Public Sector Ethics Act 1994 , section 4 ; complying with an approved code of conduct and any approved standard of practice as required under the Public Sector Ethics Act 1994 , section 12H or 18 .\n(sec.40-ssec.2) A public sector manager must take all reasonable steps to ensure each public sector employee under the manager’s management is aware of the following matters— the work performance and personal conduct expected of the employee; the public sector principles; the values of the public sector entity in which the employee is employed; for a public service employee—the values of the public service; what constitutes corrupt conduct under the Crime and Corruption Act 2001 .\n(sec.40-ssec.3) Also, a public sector manager must— provide working environments in which all public sector employees are— treated fairly and reasonably; and assigned work according to the employee’s responsibilities as reflected in remuneration rates; and consider and give effect to the following matters when undertaking management responsibilities— the public sector principles; the values of the public sector entity in which the employee is employed; if the manager is a public service employee—the values of the public service; and ensure fairness and integrity in performing managerial functions, including when making decisions; and undertake best practice human resource management, including the application of the positive performance management principles in the following ways— pro-actively managing the work performance and personal conduct of public sector employees; constructively engaging with public sector employees to identify development and training opportunities, improve work performance, and build expertise in the public sector; taking prompt and appropriate action to address any unacceptable work performance or personal conduct that arises; and take personal responsibility for development as a manager.\n(sec.40-ssec.4) A chief executive of a public sector entity has overall responsibility for— ensuring the entity performs its functions in a way consistent with— the main purpose of the Act ; and the ways in which the main purpose of the Act is to be primarily achieved; and the public sector principles; and ensuring managers within the entity perform managerial functions in accordance with the positive performance management principles; and ensuring public sector employees have access to fair and independent reviews and appeals; and ensuring the entity has workforce and human resource planning and practices, including systems for the regular review of employment arrangements for public sector employees. If the chief executive is an accountable officer under the Financial Accountability Act 2009 , see also the responsibility of the chief executive to develop the strategic plan and operational plan under the Financial and Performance Management Standard 2019 , section 8 .\n- (a) achieving excellence in service delivery;\n- (b) ensuring the effective, efficient and appropriate use of public resources;\n- (c) giving effect to government policies and priorities;\n- (d) collaborating with other public sector entities with a focus on public sector-wide priorities in addition to priorities specific to particular public sector entities, if appropriate and while recognising the need for independence of particular public sector entities;\n- (e) providing sound and impartial advice to government;\n- (f) continuously improving work performance, including through training and development;\n- (g) carrying out duties impartially and with integrity;\n- (h) acting honestly, fairly and in the public interest;\n- (i) interacting with staff members under the Ministerial and Other Office Holder Staff Act 2010 respectfully, collaboratively and with integrity;\n- (j) observing all laws relevant to the employment;\n- (k) ensuring the employee’s personal conduct does not reflect adversely on the reputation of the public sector entity in which the employee is employed;\n- (l) observing the ethics principles under the Public Sector Ethics Act 1994 , section 4 ;\n- (m) complying with an approved code of conduct and any approved standard of practice as required under the Public Sector Ethics Act 1994 , section 12H or 18 .\n- (a) the work performance and personal conduct expected of the employee;\n- (b) the public sector principles;\n- (c) the values of the public sector entity in which the employee is employed;\n- (d) for a public service employee—the values of the public service;\n- (e) what constitutes corrupt conduct under the Crime and Corruption Act 2001 .\n- (a) provide working environments in which all public sector employees are— (i) treated fairly and reasonably; and (ii) assigned work according to the employee’s responsibilities as reflected in remuneration rates; and\n- (i) treated fairly and reasonably; and\n- (ii) assigned work according to the employee’s responsibilities as reflected in remuneration rates; and\n- (b) consider and give effect to the following matters when undertaking management responsibilities— (i) the public sector principles; (ii) the values of the public sector entity in which the employee is employed; (iii) if the manager is a public service employee—the values of the public service; and\n- (i) the public sector principles;\n- (ii) the values of the public sector entity in which the employee is employed;\n- (iii) if the manager is a public service employee—the values of the public service; and\n- (c) ensure fairness and integrity in performing managerial functions, including when making decisions; and\n- (d) undertake best practice human resource management, including the application of the positive performance management principles in the following ways— (i) pro-actively managing the work performance and personal conduct of public sector employees; (ii) constructively engaging with public sector employees to identify development and training opportunities, improve work performance, and build expertise in the public sector; (iii) taking prompt and appropriate action to address any unacceptable work performance or personal conduct that arises; and\n- (i) pro-actively managing the work performance and personal conduct of public sector employees;\n- (ii) constructively engaging with public sector employees to identify development and training opportunities, improve work performance, and build expertise in the public sector;\n- (iii) taking prompt and appropriate action to address any unacceptable work performance or personal conduct that arises; and\n- (e) take personal responsibility for development as a manager.\n- (i) treated fairly and reasonably; and\n- (ii) assigned work according to the employee’s responsibilities as reflected in remuneration rates; and\n- (i) the public sector principles;\n- (ii) the values of the public sector entity in which the employee is employed;\n- (iii) if the manager is a public service employee—the values of the public service; and\n- (i) pro-actively managing the work performance and personal conduct of public sector employees;\n- (ii) constructively engaging with public sector employees to identify development and training opportunities, improve work performance, and build expertise in the public sector;\n- (iii) taking prompt and appropriate action to address any unacceptable work performance or personal conduct that arises; and\n- (a) ensuring the entity performs its functions in a way consistent with— (i) the main purpose of the Act ; and (ii) the ways in which the main purpose of the Act is to be primarily achieved; and (iii) the public sector principles; and\n- (i) the main purpose of the Act ; and\n- (ii) the ways in which the main purpose of the Act is to be primarily achieved; and\n- (iii) the public sector principles; and\n- (b) ensuring managers within the entity perform managerial functions in accordance with the positive performance management principles; and\n- (c) ensuring public sector employees have access to fair and independent reviews and appeals; and\n- (d) ensuring the entity has workforce and human resource planning and practices, including systems for the regular review of employment arrangements for public sector employees. Note— If the chief executive is an accountable officer under the Financial Accountability Act 2009 , see also the responsibility of the chief executive to develop the strategic plan and operational plan under the Financial and Performance Management Standard 2019 , section 8 .\n- (i) the main purpose of the Act ; and\n- (ii) the ways in which the main purpose of the Act is to be primarily achieved; and\n- (iii) the public sector principles; and","sortOrder":53},{"sectionNumber":"sec.41","sectionType":"section","heading":"How chief executive must perform functions and discharge responsibilities","content":"### sec.41 How chief executive must perform functions and discharge responsibilities\n\nIn performing functions and discharging responsibilities under an Act, a chief executive of a public sector entity must—\nobserve the public sector principles; and\ncomply with all relevant laws, industrial instruments and directives.\n- (a) observe the public sector principles; and\n- (b) comply with all relevant laws, industrial instruments and directives.","sortOrder":54},{"sectionNumber":"ch.3-pt.3","sectionType":"part","heading":"Recruitment and selection","content":"# Recruitment and selection","sortOrder":55},{"sectionNumber":"sec.42","sectionType":"section","heading":"Definition for part","content":"### sec.42 Definition for part\n\nIn this part—\nemploy , a person as a public sector employee, includes—\nfor a public service officer—second or promote the officer; and\nfor a chief executive—appoint.\n- (a) for a public service officer—second or promote the officer; and\n- (b) for a chief executive—appoint.","sortOrder":56},{"sectionNumber":"sec.43","sectionType":"section","heading":"Application of part","content":"### sec.43 Application of part\n\nThis part applies to the employment of an eligible person in or to a public sector entity.","sortOrder":57},{"sectionNumber":"sec.44","sectionType":"section","heading":"Principles underpinning recruitment and selection","content":"### sec.44 Principles underpinning recruitment and selection\n\nThe purpose of this section is to ensure the recruitment and selection of a high-performing, apolitical and representative public sector workforce.\nA person undertaking a recruitment and selection process in a public sector entity, including, for example, making a decision about employment of a public sector employee, must undertake the process in accordance with the principles mentioned in subsection (3) .\nThe principles are—\nrecruitment and selection processes must be directed to the selection of the eligible person best suited to the position; and\nrecruitment and selection processes must be fair and transparent; and\nrecruitment and selection processes must reflect the obligations under chapter 2 relating to equity, diversity, respect and inclusion.\n(sec.44-ssec.1) The purpose of this section is to ensure the recruitment and selection of a high-performing, apolitical and representative public sector workforce.\n(sec.44-ssec.2) A person undertaking a recruitment and selection process in a public sector entity, including, for example, making a decision about employment of a public sector employee, must undertake the process in accordance with the principles mentioned in subsection (3) .\n(sec.44-ssec.3) The principles are— recruitment and selection processes must be directed to the selection of the eligible person best suited to the position; and recruitment and selection processes must be fair and transparent; and recruitment and selection processes must reflect the obligations under chapter 2 relating to equity, diversity, respect and inclusion.\n- (a) recruitment and selection processes must be directed to the selection of the eligible person best suited to the position; and\n- (b) recruitment and selection processes must be fair and transparent; and\n- (c) recruitment and selection processes must reflect the obligations under chapter 2 relating to equity, diversity, respect and inclusion.","sortOrder":58},{"sectionNumber":"sec.45","sectionType":"section","heading":"Employment on merit and for equity and diversity","content":"### sec.45 Employment on merit and for equity and diversity\n\nA person selected for employment in or to a public sector entity must be the eligible applicant best suited to the position.\nIn deciding the eligible applicant best suited to a position, a person undertaking a recruitment and selection process in a public sector entity—\nmust consider each eligible applicant’s ability to perform the requirements of the position; and\nmay consider—\nthe way in which each eligible applicant carried out any previous employment; and\nthe potential of each eligible applicant to make a future contribution to the entity; and\nthe extent to which the proposed decision would contribute to fulfilment of the entity’s obligations under chapter 2 , including, for example, the objectives, strategies and targets stated in the entity’s equity and diversity plan.\n(sec.45-ssec.1) A person selected for employment in or to a public sector entity must be the eligible applicant best suited to the position.\n(sec.45-ssec.2) In deciding the eligible applicant best suited to a position, a person undertaking a recruitment and selection process in a public sector entity— must consider each eligible applicant’s ability to perform the requirements of the position; and may consider— the way in which each eligible applicant carried out any previous employment; and the potential of each eligible applicant to make a future contribution to the entity; and the extent to which the proposed decision would contribute to fulfilment of the entity’s obligations under chapter 2 , including, for example, the objectives, strategies and targets stated in the entity’s equity and diversity plan.\n- (a) must consider each eligible applicant’s ability to perform the requirements of the position; and\n- (b) may consider— (i) the way in which each eligible applicant carried out any previous employment; and (ii) the potential of each eligible applicant to make a future contribution to the entity; and (iii) the extent to which the proposed decision would contribute to fulfilment of the entity’s obligations under chapter 2 , including, for example, the objectives, strategies and targets stated in the entity’s equity and diversity plan.\n- (i) the way in which each eligible applicant carried out any previous employment; and\n- (ii) the potential of each eligible applicant to make a future contribution to the entity; and\n- (iii) the extent to which the proposed decision would contribute to fulfilment of the entity’s obligations under chapter 2 , including, for example, the objectives, strategies and targets stated in the entity’s equity and diversity plan.\n- (i) the way in which each eligible applicant carried out any previous employment; and\n- (ii) the potential of each eligible applicant to make a future contribution to the entity; and\n- (iii) the extent to which the proposed decision would contribute to fulfilment of the entity’s obligations under chapter 2 , including, for example, the objectives, strategies and targets stated in the entity’s equity and diversity plan.","sortOrder":59},{"sectionNumber":"sec.46","sectionType":"section","heading":"Directive about recruitment and selection","content":"### sec.46 Directive about recruitment and selection\n\nThe commissioner may make a directive about recruitment and selection under this part, including, for example—\nthe way in which recruitment or selection processes in public sector entities must be carried out; and\nthe way in which the principles mentioned in section 44 (3) are to be applied; and\na matter mentioned in section 45 (2) .\n(sec.46-ssec) The commissioner may make a directive about recruitment and selection under this part, including, for example— the way in which recruitment or selection processes in public sector entities must be carried out; and the way in which the principles mentioned in section 44 (3) are to be applied; and a matter mentioned in section 45 (2) .\n- (a) the way in which recruitment or selection processes in public sector entities must be carried out; and\n- (b) the way in which the principles mentioned in section 44 (3) are to be applied; and\n- (c) a matter mentioned in section 45 (2) .","sortOrder":60},{"sectionNumber":"ch.3-pt.4","sectionType":"part","heading":"Eligibility for employment","content":"# Eligibility for employment","sortOrder":61},{"sectionNumber":"sec.47","sectionType":"section","heading":"Requirement for citizenship or residency","content":"### sec.47 Requirement for citizenship or residency\n\nA person is eligible to be a public sector employee only if the person—\nis an Australian citizen; or\nresides in Australia and has permission, under a law of the Commonwealth, to work in Australia.\nA public sector employee’s chief executive may, by signed notice, terminate the employee’s employment if the employee is ineligible under subsection (1) to be a public sector employee.\nIf a public sector employee’s permission to work in Australia ends, the employee’s employment is taken to have been terminated by the employee’s chief executive on the same day.\n(sec.47-ssec.1) A person is eligible to be a public sector employee only if the person— is an Australian citizen; or resides in Australia and has permission, under a law of the Commonwealth, to work in Australia.\n(sec.47-ssec.2) A public sector employee’s chief executive may, by signed notice, terminate the employee’s employment if the employee is ineligible under subsection (1) to be a public sector employee.\n(sec.47-ssec.3) If a public sector employee’s permission to work in Australia ends, the employee’s employment is taken to have been terminated by the employee’s chief executive on the same day.\n- (a) is an Australian citizen; or\n- (b) resides in Australia and has permission, under a law of the Commonwealth, to work in Australia.","sortOrder":62},{"sectionNumber":"ch.3-pt.5","sectionType":"part","heading":"Suitability for employment","content":"# Suitability for employment","sortOrder":63},{"sectionNumber":"ch.3-pt.5-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":64},{"sectionNumber":"sec.48","sectionType":"section","heading":"Definitions for part","content":"### sec.48 Definitions for part\n\nIn this part—\nengage , a person as a public sector employee, includes—\nemploy, promote, transfer, redeploy or second the person within or to a public sector entity; and\nallow the person to participate in a mobility arrangement in a public sector entity; and\nstart training the person in a public sector entity as an apprentice or trainee, within the meaning of the Further Education and Training Act 2014 .\nsuitability directive means a directive made for this part.\nworking with children authority see the Working with Children Check Act 2000 , section 18 .\ns 48 def working with children authority ins 2024 No. 50 s 140 sch 1\namd 2024 No. 49 s 130 sch 4 pt 1\n- (a) employ, promote, transfer, redeploy or second the person within or to a public sector entity; and\n- (b) allow the person to participate in a mobility arrangement in a public sector entity; and\n- (c) start training the person in a public sector entity as an apprentice or trainee, within the meaning of the Further Education and Training Act 2014 .","sortOrder":65},{"sectionNumber":"ch.3-pt.5-div.2","sectionType":"division","heading":"Criminal history","content":"## Criminal history","sortOrder":66},{"sectionNumber":"sec.49","sectionType":"section","heading":"Definition for division","content":"### sec.49 Definition for division\n\nIn this division—\nrelevant duty see section 50 .","sortOrder":67},{"sectionNumber":"sec.50","sectionType":"section","heading":"Meaning of relevant duty","content":"### sec.50 Meaning of relevant duty\n\nA particular duty to be performed in a public sector entity is a relevant duty if the chief executive of the entity decides under the suitability directive that because of the nature of the duty, it may be necessary to have regard to the criminal history of a person engaged to perform the duty to ensure the person is suitable to perform the duty.\nHowever, the duty is not a relevant duty if the duty is likely to involve—\nchild-related duties; or\nregulated employment.\nSee divisions 3 and 4 for assessing the suitability of persons to be engaged in child-related duties.\nSee the Working with Children Check Act 2000 , chapter 7 , and division 4 , in relation to persons to be engaged in duties that are regulated employment.\ns 50 amd 2024 No. 49 s 130 sch 4 pt 1\n(sec.50-ssec.1) A particular duty to be performed in a public sector entity is a relevant duty if the chief executive of the entity decides under the suitability directive that because of the nature of the duty, it may be necessary to have regard to the criminal history of a person engaged to perform the duty to ensure the person is suitable to perform the duty.\n(sec.50-ssec.2) However, the duty is not a relevant duty if the duty is likely to involve— child-related duties; or regulated employment. See divisions 3 and 4 for assessing the suitability of persons to be engaged in child-related duties. See the Working with Children Check Act 2000 , chapter 7 , and division 4 , in relation to persons to be engaged in duties that are regulated employment.\n- (a) child-related duties; or\n- (b) regulated employment.\n- 1 See divisions 3 and 4 for assessing the suitability of persons to be engaged in child-related duties.\n- 2 See the Working with Children Check Act 2000 , chapter 7 , and division 4 , in relation to persons to be engaged in duties that are regulated employment.","sortOrder":68},{"sectionNumber":"sec.51","sectionType":"section","heading":"Relationship with other laws","content":"### sec.51 Relationship with other laws\n\nThis division is subject to the Criminal Law (Rehabilitation of Offenders) Act 1986 but does not limit any other law, or other provision of this Act, under which a person’s criminal history may be obtained.","sortOrder":69},{"sectionNumber":"sec.52","sectionType":"section","heading":"Chief executive may decide to obtain criminal history","content":"### sec.52 Chief executive may decide to obtain criminal history\n\nThis section applies if the chief executive of a public sector entity engages, or proposes to engage, a person to perform a relevant duty in the entity.\nAlso, this section applies if the chief executive of a public sector entity changes, or proposes to change, the duties of a public sector employee employed in the entity to include a relevant duty.\nThe chief executive may, under the suitability directive, ask the person for written consent for the chief executive to obtain the person’s criminal history.\n(sec.52-ssec.1) This section applies if the chief executive of a public sector entity engages, or proposes to engage, a person to perform a relevant duty in the entity.\n(sec.52-ssec.2) Also, this section applies if the chief executive of a public sector entity changes, or proposes to change, the duties of a public sector employee employed in the entity to include a relevant duty.\n(sec.52-ssec.3) The chief executive may, under the suitability directive, ask the person for written consent for the chief executive to obtain the person’s criminal history.","sortOrder":70},{"sectionNumber":"sec.53","sectionType":"section","heading":"Failure to consent to obtaining criminal history","content":"### sec.53 Failure to consent to obtaining criminal history\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 a public sector employee in the public sector entity who is engaged in performing a relevant duty, the chief executive must ensure the person does not perform a relevant duty.\nIf the person is not a public sector employee in the public sector entity who is engaged in performing a relevant duty, the chief executive is not required to consider the person for the engagement.\n(sec.53-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.53-ssec.2) If the person is a public sector employee in the public sector entity who is engaged in performing a relevant duty, the chief executive must ensure the person does not perform a relevant duty.\n(sec.53-ssec.3) If the person is not a public sector employee in the public sector entity who is engaged in performing a relevant duty, the chief executive is not required to consider the person for the engagement.","sortOrder":71},{"sectionNumber":"sec.54","sectionType":"section","heading":"Obtaining criminal history with consent","content":"### sec.54 Obtaining criminal history with consent\n\nThis section applies if the person gives written consent to the chief executive obtaining the person’s criminal history.\nThe chief executive may ask the police commissioner for a written report about the person’s 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 to the extent the police commissioner has possession of or access to the person’s criminal history.\n(sec.54-ssec.1) This section applies if the person gives written consent to the chief executive obtaining the person’s criminal history.\n(sec.54-ssec.2) The chief executive may ask the police commissioner for a written report about the person’s criminal history.\n(sec.54-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.54-ssec.4) The police commissioner must comply with the request to the extent the police commissioner has possession of or access to the person’s 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":72},{"sectionNumber":"sec.55","sectionType":"section","heading":"Assessment of suitability using criminal history","content":"### sec.55 Assessment of suitability using criminal history\n\nAfter the report about the person’s criminal history is given to the chief executive, the chief executive must, under the suitability directive, consider the person’s criminal history in making an assessment about—\nfor section 52 (1) —the person’s suitability for the engagement to perform the relevant duty; or\nfor section 52 (2) —the person’s suitability for the change to the person’s duties to include the relevant duty.\n- (a) for section 52 (1) —the person’s suitability for the engagement to perform the relevant duty; or\n- (b) for section 52 (2) —the person’s suitability for the change to the person’s duties to include the relevant duty.","sortOrder":73},{"sectionNumber":"ch.3-pt.5-div.3","sectionType":"division","heading":"Child-related duties","content":"## Child-related duties","sortOrder":74},{"sectionNumber":"sec.56","sectionType":"section","heading":"Definitions for division","content":"### sec.56 Definitions for division\n\nIn this division—\nchild-related duty see section 57 .\nnegative notice means a negative notice under the Working with Children Check Act 2000 .\ns 56 def negative notice amd 2024 No. 49 s 130 sch 4 pt 1\nregistered teacher see the Working with Children Check Act 2000 , schedule 7 .\ns 56 def registered teacher amd 2024 No. 49 s 130 sch 4 pt 1","sortOrder":75},{"sectionNumber":"sec.57","sectionType":"section","heading":"Meaning of child-related duty","content":"### sec.57 Meaning of child-related duty\n\nA duty to be performed in a public sector entity is a child-related duty if the chief executive of the entity decides under the suitability directive that—\nthe duty—\nis to be performed at a place at which services are provided only or mainly to children; or\nis to be performed in a role involving providing services only or mainly to children; or\ninvolves contact with children that is of a type, or happens in a context, that may create an unacceptable level of risk for children; and\nit is necessary to conduct child-related employment screening, under the Working with Children Check Act 2000 , chapter 8 , of a person the chief executive engages, proposes to engage, or has engaged, to perform the duty, to ensure the person is suitable to perform the duty.\nHowever, the duty is not a child-related duty if the duty is likely to involve regulated employment.\nSee the Working with Children Check Act 2000 , chapter 7 , and division 4 , in relation to persons to be engaged in duties that are regulated employment.\ns 57 amd 2024 No. 49 s 130 sch 4 pt 1\n(sec.57-ssec.1) A duty to be performed in a public sector entity is a child-related duty if the chief executive of the entity decides under the suitability directive that— the duty— is to be performed at a place at which services are provided only or mainly to children; or is to be performed in a role involving providing services only or mainly to children; or involves contact with children that is of a type, or happens in a context, that may create an unacceptable level of risk for children; and it is necessary to conduct child-related employment screening, under the Working with Children Check Act 2000 , chapter 8 , of a person the chief executive engages, proposes to engage, or has engaged, to perform the duty, to ensure the person is suitable to perform the duty.\n(sec.57-ssec.2) However, the duty is not a child-related duty if the duty is likely to involve regulated employment. See the Working with Children Check Act 2000 , chapter 7 , and division 4 , in relation to persons to be engaged in duties that are regulated employment.\n- (a) the duty— (i) is to be performed at a place at which services are provided only or mainly to children; or (ii) is to be performed in a role involving providing services only or mainly to children; or (iii) involves contact with children that is of a type, or happens in a context, that may create an unacceptable level of risk for children; and\n- (i) is to be performed at a place at which services are provided only or mainly to children; or\n- (ii) is to be performed in a role involving providing services only or mainly to children; or\n- (iii) involves contact with children that is of a type, or happens in a context, that may create an unacceptable level of risk for children; and\n- (b) it is necessary to conduct child-related employment screening, under the Working with Children Check Act 2000 , chapter 8 , of a person the chief executive engages, proposes to engage, or has engaged, to perform the duty, to ensure the person is suitable to perform the duty.\n- (i) is to be performed at a place at which services are provided only or mainly to children; or\n- (ii) is to be performed in a role involving providing services only or mainly to children; or\n- (iii) involves contact with children that is of a type, or happens in a context, that may create an unacceptable level of risk for children; and","sortOrder":76},{"sectionNumber":"sec.58","sectionType":"section","heading":"Chief executive must ensure person holds working with children authority","content":"### sec.58 Chief executive must ensure person holds working with children authority\n\nThe chief executive of a public sector entity must ensure a person does not perform a child-related duty in the entity unless—\nthe person holds a working with children authority; or\nif the person is a police officer or registered teacher—the person has made a working with children check (exemption) application under the Working with Children Check Act 2000 .\nSubsection (1) applies even if the person is a public sector employee at the time the chief executive proposes to engage the person to perform the child-related duty.\ns 58 amd 2024 No. 49 s 130 sch 4 pt 1\n(sec.58-ssec.1) The chief executive of a public sector entity must ensure a person does not perform a child-related duty in the entity unless— the person holds a working with children authority; or if the person is a police officer or registered teacher—the person has made a working with children check (exemption) application under the Working with Children Check Act 2000 .\n(sec.58-ssec.2) Subsection (1) applies even if the person is a public sector employee at the time the chief executive proposes to engage the person to perform the child-related duty.\n- (a) the person holds a working with children authority; or\n- (b) if the person is a police officer or registered teacher—the person has made a working with children check (exemption) application under the Working with Children Check Act 2000 .","sortOrder":77},{"sectionNumber":"sec.59","sectionType":"section","heading":"Chief executive must ensure police officer or registered teacher who is also a public sector employee holds exemption","content":"### sec.59 Chief executive must ensure police officer or registered teacher who is also a public sector employee holds exemption\n\nThis section applies if—\nthe chief executive of a public sector entity engages a person who is a police officer or registered teacher to perform child-related duties on the basis the person made an application mentioned in section 58 (1) (b) ; and\nwhen the chief executive engages the person, the person is also a public sector employee; and\neither of the following happens—\nthe person’s application is withdrawn under the Working with Children Check Act 2000 ;\nthe person is issued a negative notice.\nThe chief executive must ensure the person does not continue to perform child-related duties.\ns 59 amd 2024 No. 49 s 130 sch 4 pt 1\n(sec.59-ssec.1) This section applies if— the chief executive of a public sector entity engages a person who is a police officer or registered teacher to perform child-related duties on the basis the person made an application mentioned in section 58 (1) (b) ; and when the chief executive engages the person, the person is also a public sector employee; and either of the following happens— the person’s application is withdrawn under the Working with Children Check Act 2000 ; the person is issued a negative notice.\n(sec.59-ssec.2) The chief executive must ensure the person does not continue to perform child-related duties.\n- (a) the chief executive of a public sector entity engages a person who is a police officer or registered teacher to perform child-related duties on the basis the person made an application mentioned in section 58 (1) (b) ; and\n- (b) when the chief executive engages the person, the person is also a public sector employee; and\n- (c) either of the following happens— (i) the person’s application is withdrawn under the Working with Children Check Act 2000 ; (ii) the person is issued a negative notice.\n- (i) the person’s application is withdrawn under the Working with Children Check Act 2000 ;\n- (ii) the person is issued a negative notice.\n- (i) the person’s application is withdrawn under the Working with Children Check Act 2000 ;\n- (ii) the person is issued a negative notice.","sortOrder":78},{"sectionNumber":"sec.60","sectionType":"section","heading":"Chief executive must ensure police officer or registered teacher who is not public sector employee holds exemption","content":"### sec.60 Chief executive must ensure police officer or registered teacher who is not public sector employee holds exemption\n\nThis section applies if—\nthe chief executive of a public sector entity engages a person who is a police officer or registered teacher to perform child-related duties on the basis the person has made an application mentioned in section 58 (1) (b) ; and\nwhen the chief executive engages the person, the person is not a public sector employee.\nThe chief executive—\nmay employ the person on probation only for a period that does not end before a working with children exemption is issued to the person; and\nmay confirm the person’s employment after probation only if the person is issued a working with children exemption; and\nmust not confirm the person’s employment after probation if either of the following happens—\nthe person’s application is withdrawn under the Working with Children Check Act 2000 ;\nthe person is issued a negative notice.\nSubsection (2) does not limit or otherwise affect a power to impose a longer probationary period or to terminate a person’s employment.\nIn this section—\nworking with children exemption see the Working with Children Check Act 2000 , section 18B .\ns 60 amd 2024 No. 50 s 140 sch 1 ; 2024 No. 49 s 130 sch 4 pt 1\n(sec.60-ssec.1) This section applies if— the chief executive of a public sector entity engages a person who is a police officer or registered teacher to perform child-related duties on the basis the person has made an application mentioned in section 58 (1) (b) ; and when the chief executive engages the person, the person is not a public sector employee.\n(sec.60-ssec.2) The chief executive— may employ the person on probation only for a period that does not end before a working with children exemption is issued to the person; and may confirm the person’s employment after probation only if the person is issued a working with children exemption; and must not confirm the person’s employment after probation if either of the following happens— the person’s application is withdrawn under the Working with Children Check Act 2000 ; the person is issued a negative notice.\n(sec.60-ssec.3) Subsection (2) does not limit or otherwise affect a power to impose a longer probationary period or to terminate a person’s employment.\n(sec.60-ssec.4) In this section— working with children exemption see the Working with Children Check Act 2000 , section 18B .\n- (a) the chief executive of a public sector entity engages a person who is a police officer or registered teacher to perform child-related duties on the basis the person has made an application mentioned in section 58 (1) (b) ; and\n- (b) when the chief executive engages the person, the person is not a public sector employee.\n- (a) may employ the person on probation only for a period that does not end before a working with children exemption is issued to the person; and\n- (b) may confirm the person’s employment after probation only if the person is issued a working with children exemption; and\n- (c) must not confirm the person’s employment after probation if either of the following happens— (i) the person’s application is withdrawn under the Working with Children Check Act 2000 ; (ii) the person is issued a negative notice.\n- (i) the person’s application is withdrawn under the Working with Children Check Act 2000 ;\n- (ii) the person is issued a negative notice.\n- (i) the person’s application is withdrawn under the Working with Children Check Act 2000 ;\n- (ii) the person is issued a negative notice.","sortOrder":79},{"sectionNumber":"sec.61","sectionType":"section","heading":"Effect of suspension of working with children authority","content":"### sec.61 Effect of suspension of working with children authority\n\nThis section applies if a person’s working with children authority is suspended under the Working with Children Check Act 2000 .\nThe chief executive must ensure the person does not perform a child-related duty in the public sector entity during the period of the suspension.\ns 61 amd 2024 No. 49 s 130 sch 4 pt 1\n(sec.61-ssec.1) This section applies if a person’s working with children authority is suspended under the Working with Children Check Act 2000 .\n(sec.61-ssec.2) The chief executive must ensure the person does not perform a child-related duty in the public sector entity during the period of the suspension.","sortOrder":80},{"sectionNumber":"sec.62","sectionType":"section","heading":"Effect of cancellation of working with children authority","content":"### sec.62 Effect of cancellation of working with children authority\n\nThis section applies if a person’s working with children authority is cancelled under the Working with Children Check Act 2000 .\nThe chief executive must ensure the person does not perform a child-related duty in the public sector entity.\ns 62 amd 2024 No. 49 s 130 sch 4 pt 1\n(sec.62-ssec.1) This section applies if a person’s working with children authority is cancelled under the Working with Children Check Act 2000 .\n(sec.62-ssec.2) The chief executive must ensure the person does not perform a child-related duty in the public sector entity.","sortOrder":81},{"sectionNumber":"ch.3-pt.5-div.4","sectionType":"division","heading":"Further assessment of persons issued with working with children authority","content":"## Further assessment of persons issued with working with children authority","sortOrder":82},{"sectionNumber":"sec.63","sectionType":"section","heading":"Definition for division","content":"### sec.63 Definition for division\n\nIn this division—\nprescribed duty means—\na child-related duty; or\na duty relating to regulated employment.\n- (a) a child-related duty; or\n- (b) a duty relating to regulated employment.","sortOrder":83},{"sectionNumber":"sec.64","sectionType":"section","heading":"Application of division","content":"### sec.64 Application of division\n\nThis division applies if—\nthe chief executive of a public sector entity engages, proposes to engage, or has engaged, a person to perform a prescribed duty in the entity; and\nthe chief executive (working with children) has issued a working with children authority to the person; and\nthe chief executive (working with children) has advised the chief executive of the public sector entity, under the Working with Children Check Act 2000 , section 246J , that a further assessment of the person may be needed to decide whether the person should be engaged to perform the prescribed duty.\nHowever, this section does not apply if the chief executive of the public sector entity engages, proposes to engage, or has engaged, the person to perform the prescribed duty only—\nunder a contract for services; or\non a voluntary basis; or\nif the person is a student—under an arrangement to provide the person with practical experience in the person’s field of study.\nIn this section—\nchief executive (working with children) means the chief executive of the department in which the Working with Children Check Act 2000 is administered.\ns 64 amd 2024 No. 50 s 140 sch 1 ; 2024 No. 49 s 130 sch 4 pt 1\n(sec.64-ssec.1) This division applies if— the chief executive of a public sector entity engages, proposes to engage, or has engaged, a person to perform a prescribed duty in the entity; and the chief executive (working with children) has issued a working with children authority to the person; and the chief executive (working with children) has advised the chief executive of the public sector entity, under the Working with Children Check Act 2000 , section 246J , that a further assessment of the person may be needed to decide whether the person should be engaged to perform the prescribed duty.\n(sec.64-ssec.2) However, this section does not apply if the chief executive of the public sector entity engages, proposes to engage, or has engaged, the person to perform the prescribed duty only— under a contract for services; or on a voluntary basis; or if the person is a student—under an arrangement to provide the person with practical experience in the person’s field of study.\n(sec.64-ssec.3) In this section— chief executive (working with children) means the chief executive of the department in which the Working with Children Check Act 2000 is administered.\n- (a) the chief executive of a public sector entity engages, proposes to engage, or has engaged, a person to perform a prescribed duty in the entity; and\n- (b) the chief executive (working with children) has issued a working with children authority to the person; and\n- (c) the chief executive (working with children) has advised the chief executive of the public sector entity, under the Working with Children Check Act 2000 , section 246J , that a further assessment of the person may be needed to decide whether the person should be engaged to perform the prescribed duty.\n- (a) under a contract for services; or\n- (b) on a voluntary basis; or\n- (c) if the person is a student—under an arrangement to provide the person with practical experience in the person’s field of study.","sortOrder":84},{"sectionNumber":"sec.65","sectionType":"section","heading":"Relationship with other laws","content":"### sec.65 Relationship with other laws\n\nThis division is subject to the Criminal Law (Rehabilitation of Offenders) Act 1986 but does not limit any other law, or other provision of this Act, under which a person’s criminal history may be obtained.","sortOrder":85},{"sectionNumber":"sec.66","sectionType":"section","heading":"Chief executive may decide to obtain criminal history","content":"### sec.66 Chief executive may decide to obtain criminal history\n\nThe chief executive may, under the suitability directive, ask the person for written consent for the chief executive to obtain the person’s criminal history.","sortOrder":86},{"sectionNumber":"sec.67","sectionType":"section","heading":"Failure to consent to obtaining criminal history","content":"### sec.67 Failure to consent to obtaining criminal history\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 a public sector employee in the public sector entity who is engaged in performing a prescribed duty, the chief executive must ensure the person does not perform a prescribed duty.\nIf the person is not a public sector employee in the public sector entity who is engaged in performing a prescribed duty, the chief executive is not required to consider the person for the engagement.\n(sec.67-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.67-ssec.2) If the person is a public sector employee in the public sector entity who is engaged in performing a prescribed duty, the chief executive must ensure the person does not perform a prescribed duty.\n(sec.67-ssec.3) If the person is not a public sector employee in the public sector entity who is engaged in performing a prescribed duty, the chief executive is not required to consider the person for the engagement.","sortOrder":87},{"sectionNumber":"sec.68","sectionType":"section","heading":"Obtaining criminal history with consent","content":"### sec.68 Obtaining criminal history with consent\n\nThis section applies if the person gives written consent to the chief executive obtaining the person’s criminal history.\nThe chief executive may ask the police commissioner for a written report about the person’s 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 to the extent the police commissioner has possession of or access to the person’s criminal history.\n(sec.68-ssec.1) This section applies if the person gives written consent to the chief executive obtaining the person’s criminal history.\n(sec.68-ssec.2) The chief executive may ask the police commissioner for a written report about the person’s criminal history.\n(sec.68-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.68-ssec.4) The police commissioner must comply with the request to the extent the police commissioner has possession of or access to the person’s 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":88},{"sectionNumber":"sec.69","sectionType":"section","heading":"Assessment of suitability using criminal history","content":"### sec.69 Assessment of suitability using criminal history\n\nAfter the report about the person’s criminal history is given to the chief executive, the chief executive must, under the suitability directive, consider the person’s criminal history in making an assessment about the person’s suitability for the engagement to perform the prescribed duty.","sortOrder":89},{"sectionNumber":"ch.3-pt.5-div.5","sectionType":"division","heading":"Serious disciplinary action","content":"## Serious disciplinary action","sortOrder":90},{"sectionNumber":"sec.70","sectionType":"section","heading":"Definition for division","content":"### sec.70 Definition for division\n\nIn this division—\nserious disciplinary action means—\ndisciplinary action under a public sector disciplinary law involving—\ntermination of employment; or\nreduction of classification level or rank; or\ntransfer or redeployment to other employment; or\nreduction of remuneration level; or\na disciplinary declaration under a public sector disciplinary law that states that the disciplinary action that would have been taken against a person if the person’s employment had not ended is the disciplinary action mentioned in paragraph (a) (i) or (ii) ; or\naction taken by a chief executive to end a person’s employment as a public sector employee, or to consider a person’s employment as a public sector employee as ended, as mentioned in part 11 .\n- (a) disciplinary action under a public sector disciplinary law involving— (i) termination of employment; or (ii) reduction of classification level or rank; or (iii) transfer or redeployment to other employment; or (iv) reduction of remuneration level; or\n- (i) termination of employment; or\n- (ii) reduction of classification level or rank; or\n- (iii) transfer or redeployment to other employment; or\n- (iv) reduction of remuneration level; or\n- (b) a disciplinary declaration under a public sector disciplinary law that states that the disciplinary action that would have been taken against a person if the person’s employment had not ended is the disciplinary action mentioned in paragraph (a) (i) or (ii) ; or\n- (c) action taken by a chief executive to end a person’s employment as a public sector employee, or to consider a person’s employment as a public sector employee as ended, as mentioned in part 11 .\n- (i) termination of employment; or\n- (ii) reduction of classification level or rank; or\n- (iii) transfer or redeployment to other employment; or\n- (iv) reduction of remuneration level; or","sortOrder":91},{"sectionNumber":"sec.71","sectionType":"section","heading":"Chief executive may require person to disclose serious disciplinary action","content":"### sec.71 Chief executive may require person to disclose serious disciplinary action\n\nThis section applies if the chief executive of a public sector entity proposes to employ a person in, or second a person to, the entity.\nThe chief executive may, under a directive, require the person to give the chief executive a notice stating the particulars of any serious disciplinary action taken against the person.\nThe person must comply with the requirement before the employment or secondment takes effect and within the period and in the way stated by the chief executive.\nThe chief executive is not required to further consider the person for the employment or secondment if the person—\nfails to comply with the requirement; or\ngives false or misleading information in response to the requirement.\n(sec.71-ssec.1) This section applies if the chief executive of a public sector entity proposes to employ a person in, or second a person to, the entity.\n(sec.71-ssec.2) The chief executive may, under a directive, require the person to give the chief executive a notice stating the particulars of any serious disciplinary action taken against the person.\n(sec.71-ssec.3) The person must comply with the requirement before the employment or secondment takes effect and within the period and in the way stated by the chief executive.\n(sec.71-ssec.4) The chief executive is not required to further consider the person for the employment or secondment if the person— fails to comply with the requirement; or gives false or misleading information in response to the requirement.\n- (a) fails to comply with the requirement; or\n- (b) gives false or misleading information in response to the requirement.","sortOrder":92},{"sectionNumber":"sec.72","sectionType":"section","heading":"Assessment of suitability using notice of serious disciplinary action","content":"### sec.72 Assessment of suitability using notice of serious disciplinary action\n\nAfter the notice about the person’s serious disciplinary action is given to the chief executive, the chief executive must consider, under a directive, the particulars of any serious disciplinary action taken against the person in making an assessment about the person’s suitability for the employment in, or secondment to, the public sector entity.","sortOrder":93},{"sectionNumber":"ch.3-pt.5-div.6","sectionType":"division","heading":"Change in criminal history","content":"## Change in criminal history","sortOrder":94},{"sectionNumber":"sec.73","sectionType":"section","heading":"Public sector employee must disclose to chief executive charge or conviction for indictable offence","content":"### sec.73 Public sector employee must disclose to chief executive charge or conviction for indictable offence\n\nThis section applies if a public sector employee is—\ncharged with an indictable offence; or\nconvicted by a court of an indictable offence.\nThe employee must give the employee’s chief executive a notice stating—\nif the employee has been charged with an indictable offence—\nthat the employee has been charged; and\nthe details of the alleged offence; or\nif the employee has been convicted of an indictable offence—\nthat the employee has been convicted; and\nthe details of the offence; and\nthe penalty imposed on the employee.\nThe notice must be given—\nif the employee has been charged with an indictable offence—immediately after the employee is charged; or\nif the employee has been convicted of an indictable offence—immediately after the employee is convicted.\nIn this section—\nconvicted includes a finding of guilt, whether or not a conviction is recorded.\nindictable offence includes an indictable offence dealt with summarily.\n(sec.73-ssec.1) This section applies if a public sector employee is— charged with an indictable offence; or convicted by a court of an indictable offence.\n(sec.73-ssec.2) The employee must give the employee’s chief executive a notice stating— if the employee has been charged with an indictable offence— that the employee has been charged; and the details of the alleged offence; or if the employee has been convicted of an indictable offence— that the employee has been convicted; and the details of the offence; and the penalty imposed on the employee.\n(sec.73-ssec.3) The notice must be given— if the employee has been charged with an indictable offence—immediately after the employee is charged; or if the employee has been convicted of an indictable offence—immediately after the employee is convicted.\n(sec.73-ssec.4) In this section— convicted includes a finding of guilt, whether or not a conviction is recorded. indictable offence includes an indictable offence dealt with summarily.\n- (a) charged with an indictable offence; or\n- (b) convicted by a court of an indictable offence.\n- (a) if the employee has been charged with an indictable offence— (i) that the employee has been charged; and (ii) the details of the alleged offence; or\n- (i) that the employee has been charged; and\n- (ii) the details of the alleged offence; or\n- (b) if the employee has been convicted of an indictable offence— (i) that the employee has been convicted; and (ii) the details of the offence; and (iii) the penalty imposed on the employee.\n- (i) that the employee has been convicted; and\n- (ii) the details of the offence; and\n- (iii) the penalty imposed on the employee.\n- (i) that the employee has been charged; and\n- (ii) the details of the alleged offence; or\n- (i) that the employee has been convicted; and\n- (ii) the details of the offence; and\n- (iii) the penalty imposed on the employee.\n- (a) if the employee has been charged with an indictable offence—immediately after the employee is charged; or\n- (b) if the employee has been convicted of an indictable offence—immediately after the employee is convicted.","sortOrder":95},{"sectionNumber":"sec.74","sectionType":"section","heading":"Prosecuting authority must disclose to chief executive committals, convictions and other information","content":"### sec.74 Prosecuting authority must disclose to chief executive committals, convictions and other information\n\nThis section applies if the police commissioner or the director of public prosecutions (a prosecuting authority ) becomes aware that a person—\nis a public sector employee in a public sector entity; and\nhas been charged with a relevant offence.\nIf the person is committed by a court for trial for a relevant offence, the prosecuting authority must, within 7 days after the committal, give the person’s chief executive a notice including the following information—\nthe person’s name;\nthe court;\nparticulars of the alleged relevant offence;\nthe date of the committal;\nthe court to which the person was committed.\nIf the person is convicted before a court of a relevant offence, the prosecuting authority must, within 7 days after the conviction, give a notice to the person’s chief executive including the following information—\nthe person’s name;\nthe court;\nparticulars of the relevant offence;\nthe date of the conviction;\nthe sentence imposed by the court.\nIf the person is convicted as mentioned in subsection (3) , and the person has appealed against the conviction, 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 a notice to the person’s chief executive including the following information—\nthe person’s name;\nparticulars of the relevant 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 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 a notice to the person’s chief executive including the following information—\nthe person’s name;\nif relevant, the court in which the prosecution process ended;\nparticulars of the relevant 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 74 amd 2024 No. 49 s 130 sch 4 pt 1\n(sec.74-ssec.1) This section applies if the police commissioner or the director of public prosecutions (a prosecuting authority ) becomes aware that a person— is a public sector employee in a public sector entity; and has been charged with a relevant offence.\n(sec.74-ssec.2) If the person is committed by a court for trial for a relevant offence, the prosecuting authority must, within 7 days after the committal, give the person’s chief executive a notice including the following information— the person’s name; the court; particulars of the alleged relevant offence; the date of the committal; the court to which the person was committed.\n(sec.74-ssec.3) If the person is convicted before a court of a relevant offence, the prosecuting authority must, within 7 days after the conviction, give a notice to the person’s chief executive including the following information— the person’s name; the court; particulars of the relevant offence; the date of the conviction; the sentence imposed by the court.\n(sec.74-ssec.4) If the person is convicted as mentioned in subsection (3) , and the person has appealed against the conviction, 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 a notice to the person’s chief executive including the following information— the person’s name; particulars of the relevant 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.74-ssec.5) If the prosecution 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 a notice to the person’s chief executive including the following information— the person’s name; if relevant, the court in which the prosecution process ended; particulars of the relevant offence; the date the prosecution process ended.\n(sec.74-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.74-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) is a public sector employee in a public sector entity; and\n- (b) has been charged with a relevant offence.\n- (a) the person’s name;\n- (b) the court;\n- (c) particulars of the alleged relevant 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 relevant 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 relevant 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 relevant 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":96},{"sectionNumber":"ch.3-pt.5-div.7","sectionType":"division","heading":"Offences","content":"## Offences","sortOrder":97},{"sectionNumber":"sec.75","sectionType":"section","heading":"Failure to give required notice","content":"### sec.75 Failure to give required notice\n\nA person must not fail to give a notice required to be given under section 73 to the person’s chief executive, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.","sortOrder":98},{"sectionNumber":"sec.76","sectionType":"section","heading":"Giving chief executive false or misleading information in notice","content":"### sec.76 Giving chief executive false or misleading information in notice\n\nA person must not, in a notice required to be given under section 73 to the person’s chief executive, give the chief executive information the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units.\nSubsection (1) does not apply to a person if the person, when giving the notice—\ntells the chief executive, to the best of the person’s ability, how the notice is false or misleading; and\nif the person has, or can reasonably obtain, the correct information—gives the correct information.\n(sec.76-ssec.1) A person must not, in a notice required to be given under section 73 to the person’s chief executive, give the chief executive information the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units.\n(sec.76-ssec.2) Subsection (1) does not apply to a person if the person, when giving the notice— tells the chief executive, to the best of the person’s ability, how the notice is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information.\n- (a) tells the chief executive, to the best of the person’s ability, how the notice is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information—gives the correct information.","sortOrder":99},{"sectionNumber":"sec.77","sectionType":"section","heading":"False or misleading statements in written consent or other document","content":"### sec.77 False or misleading statements in written consent or other document\n\nA person must not give a chief executive of a public sector entity a written consent as mentioned in section 52 or 66 , or another document under this part, that the person knows contains information that is false or misleading in a material particular.\nMaximum penalty—100 penalty units.","sortOrder":100},{"sectionNumber":"ch.3-pt.5-div.8","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":101},{"sectionNumber":"sec.78","sectionType":"section","heading":"Evidence of identity","content":"### sec.78 Evidence of identity\n\nA public sector employee must, within 1 month after starting employment in the public sector, give the employee’s chief executive—\na certified copy or certified extract of the employee’s birth certificate; or\nif it is not practicable to obtain the copy or extract, another document the chief executive considers satisfactorily establishes the employee’s identity.\n- (a) a certified copy or certified extract of the employee’s birth certificate; or\n- (b) if it is not practicable to obtain the copy or extract, another document the chief executive considers satisfactorily establishes the employee’s identity.","sortOrder":102},{"sectionNumber":"sec.79","sectionType":"section","heading":"Destruction of reports and notices","content":"### sec.79 Destruction of reports and notices\n\nThis section applies to each of the following documents if, under the suitability directive, the document is no longer required to be kept—\na criminal history report about a person after the chief executive who requested the report makes an assessment about the person under division 2 or 4 ;\na notice given to a chief executive under section 74 .\nThe chief executive must destroy the document and any other document required by the suitability directive to be destroyed.\n(sec.79-ssec.1) This section applies to each of the following documents if, under the suitability directive, the document is no longer required to be kept— a criminal history report about a person after the chief executive who requested the report makes an assessment about the person under division 2 or 4 ; a notice given to a chief executive under section 74 .\n(sec.79-ssec.2) The chief executive must destroy the document and any other document required by the suitability directive to be destroyed.\n- (a) a criminal history report about a person after the chief executive who requested the report makes an assessment about the person under division 2 or 4 ;\n- (b) a notice given to a chief executive under section 74 .","sortOrder":103},{"sectionNumber":"sec.80","sectionType":"section","heading":"Commissioner must make directive for this part","content":"### sec.80 Commissioner must make directive for this part\n\nThe commissioner must make a directive for this part.\nThe directive must include provision for—\nthe circumstances in which a chief executive may decide it is necessary to obtain the criminal history of a person; and\nthe following matters—\nthe types of places a chief executive may decide are places at which services are provided only or mainly to a child or children;\nthe types of roles a chief executive may decide involve providing services only or mainly to a child or children;\nthe duties that involve contact with a child or children that is of a type, or happens in a context, that may create an unacceptable level of risk for the child or children; and\ngiving a person a reasonable opportunity to make written representations about a criminal history report before an adverse decision relating to the person is made.\nIn this section—\nadverse decision , relating to a person, means a decision about the person’s suitability for engagement or continued engagement to perform—\nrelevant duties in relation to which a criminal history report was obtained, other than a decision that the person is suitable for engagement to perform the relevant duties; or\nchild-related duties, other than a decision that the person is suitable for engagement to perform the child-related duties; or\nduties that are regulated employment, other than a decision that the person is suitable to perform the duties.\n(sec.80-ssec.1) The commissioner must make a directive for this part.\n(sec.80-ssec.2) The directive must include provision for— the circumstances in which a chief executive may decide it is necessary to obtain the criminal history of a person; and the following matters— the types of places a chief executive may decide are places at which services are provided only or mainly to a child or children; the types of roles a chief executive may decide involve providing services only or mainly to a child or children; the duties that involve contact with a child or children that is of a type, or happens in a context, that may create an unacceptable level of risk for the child or children; and giving a person a reasonable opportunity to make written representations about a criminal history report before an adverse decision relating to the person is made.\n(sec.80-ssec.3) In this section— adverse decision , relating to a person, means a decision about the person’s suitability for engagement or continued engagement to perform— relevant duties in relation to which a criminal history report was obtained, other than a decision that the person is suitable for engagement to perform the relevant duties; or child-related duties, other than a decision that the person is suitable for engagement to perform the child-related duties; or duties that are regulated employment, other than a decision that the person is suitable to perform the duties.\n- (a) the circumstances in which a chief executive may decide it is necessary to obtain the criminal history of a person; and\n- (b) the following matters— (i) the types of places a chief executive may decide are places at which services are provided only or mainly to a child or children; (ii) the types of roles a chief executive may decide involve providing services only or mainly to a child or children; (iii) the duties that involve contact with a child or children that is of a type, or happens in a context, that may create an unacceptable level of risk for the child or children; and\n- (i) the types of places a chief executive may decide are places at which services are provided only or mainly to a child or children;\n- (ii) the types of roles a chief executive may decide involve providing services only or mainly to a child or children;\n- (iii) the duties that involve contact with a child or children that is of a type, or happens in a context, that may create an unacceptable level of risk for the child or children; and\n- (c) giving a person a reasonable opportunity to make written representations about a criminal history report before an adverse decision relating to the person is made.\n- (i) the types of places a chief executive may decide are places at which services are provided only or mainly to a child or children;\n- (ii) the types of roles a chief executive may decide involve providing services only or mainly to a child or children;\n- (iii) the duties that involve contact with a child or children that is of a type, or happens in a context, that may create an unacceptable level of risk for the child or children; and\n- (a) relevant duties in relation to which a criminal history report was obtained, other than a decision that the person is suitable for engagement to perform the relevant duties; or\n- (b) child-related duties, other than a decision that the person is suitable for engagement to perform the child-related duties; or\n- (c) duties that are regulated employment, other than a decision that the person is suitable to perform the duties.","sortOrder":104},{"sectionNumber":"ch.3-pt.6","sectionType":"part","heading":"Nature of employment","content":"# Nature of employment","sortOrder":105},{"sectionNumber":"ch.3-pt.6-div.1","sectionType":"division","heading":"Security of employment","content":"## Security of employment","sortOrder":106},{"sectionNumber":"sec.81","sectionType":"section","heading":"Basis of employment—generally on permanent basis","content":"### sec.81 Basis of employment—generally on permanent basis\n\nEmployment of a public sector employee is on a permanent basis unless the employee is employed on a non-permanent basis under this Act or another Act that enables the person to be employed on a non-permanent basis, including, for example—\non a temporary basis for a fixed term; or\non a casual basis.\nHowever, a public sector employee may be employed under this Act or another Act on a non-permanent basis only if employment of the employee on a permanent basis is not viable or appropriate.\nWithout limiting subsection (2) , employment of a public sector employee on a permanent basis may not be viable or appropriate if the employment is for any of the following purposes—\nin relation to employment on a temporary basis for a fixed term—\nto fill a temporary vacancy arising because a person is absent for a known period; or\napproved leave (including parental leave), a secondment\nto perform work for a particular project or purpose that has a known end date; or\nemployment for a set period as part of a training program or placement program\nto fill a position for which funding is unlikely or unknown; or\nemployment relating to performing work for which funding is subject to change or is not expected to be renewed\nto fill a short-term vacancy before a person is employed on a permanent basis; or\nto perform work necessary to meet an unexpected short-term increase in workload;\nan unexpected increase in workload for disaster management and recovery\nin relation to employment on a casual basis—\nto fill a short-term vacancy arising because a person is absent for an unplanned or unexpected period; or\nto perform work for a short period to fill a gap in a work roster for employees employed on a permanent basis, or on a temporary basis for a fixed term; or\nto fill a position for which work patterns or work demand is variable and difficult to predict; or\nto fill a position for which work hours are irregular, informal, flexible, occasional or non-rostered.\nWithout limiting subsection (3) (a) , employment of a person on a permanent basis may be viable or appropriate if a person is required to be employed for a purpose mentioned in subsection (3) (a) on a frequent or regular basis.\nan ongoing requirement to backfill multiple absences because of approved leave (including parental leave) or secondments\nWithout limiting subsection (3) (b) , employment of a person on a permanent basis, or on a temporary basis for a fixed term, may be viable or appropriate if a person is required to be employed for a purpose mentioned in subsection (3) (b) on a regular or systematic basis.\nan ongoing requirement to fill gaps in various work rosters, on a regular and systematic basis\nSubsections (2) , (3) , (4) and (5) apply despite another Act.\nTo remove any doubt, it is declared that this section applies in relation to a public sector employee’s employment on a temporary basis for a fixed term if the employment is extended under this Act or another Act.\n(sec.81-ssec.1) Employment of a public sector employee is on a permanent basis unless the employee is employed on a non-permanent basis under this Act or another Act that enables the person to be employed on a non-permanent basis, including, for example— on a temporary basis for a fixed term; or on a casual basis.\n(sec.81-ssec.2) However, a public sector employee may be employed under this Act or another Act on a non-permanent basis only if employment of the employee on a permanent basis is not viable or appropriate.\n(sec.81-ssec.3) Without limiting subsection (2) , employment of a public sector employee on a permanent basis may not be viable or appropriate if the employment is for any of the following purposes— in relation to employment on a temporary basis for a fixed term— to fill a temporary vacancy arising because a person is absent for a known period; or approved leave (including parental leave), a secondment to perform work for a particular project or purpose that has a known end date; or employment for a set period as part of a training program or placement program to fill a position for which funding is unlikely or unknown; or employment relating to performing work for which funding is subject to change or is not expected to be renewed to fill a short-term vacancy before a person is employed on a permanent basis; or to perform work necessary to meet an unexpected short-term increase in workload; an unexpected increase in workload for disaster management and recovery in relation to employment on a casual basis— to fill a short-term vacancy arising because a person is absent for an unplanned or unexpected period; or to perform work for a short period to fill a gap in a work roster for employees employed on a permanent basis, or on a temporary basis for a fixed term; or to fill a position for which work patterns or work demand is variable and difficult to predict; or to fill a position for which work hours are irregular, informal, flexible, occasional or non-rostered.\n(sec.81-ssec.4) Without limiting subsection (3) (a) , employment of a person on a permanent basis may be viable or appropriate if a person is required to be employed for a purpose mentioned in subsection (3) (a) on a frequent or regular basis. an ongoing requirement to backfill multiple absences because of approved leave (including parental leave) or secondments\n(sec.81-ssec.5) Without limiting subsection (3) (b) , employment of a person on a permanent basis, or on a temporary basis for a fixed term, may be viable or appropriate if a person is required to be employed for a purpose mentioned in subsection (3) (b) on a regular or systematic basis. an ongoing requirement to fill gaps in various work rosters, on a regular and systematic basis\n(sec.81-ssec.6) Subsections (2) , (3) , (4) and (5) apply despite another Act.\n(sec.81-ssec.7) To remove any doubt, it is declared that this section applies in relation to a public sector employee’s employment on a temporary basis for a fixed term if the employment is extended under this Act or another Act.\n- (a) on a temporary basis for a fixed term; or\n- (b) on a casual basis.\n- (a) in relation to employment on a temporary basis for a fixed term— (i) to fill a temporary vacancy arising because a person is absent for a known period; or Examples of absence for a known period— approved leave (including parental leave), a secondment (ii) to perform work for a particular project or purpose that has a known end date; or Example— employment for a set period as part of a training program or placement program (iii) to fill a position for which funding is unlikely or unknown; or Example— employment relating to performing work for which funding is subject to change or is not expected to be renewed (iv) to fill a short-term vacancy before a person is employed on a permanent basis; or (v) to perform work necessary to meet an unexpected short-term increase in workload; Example— an unexpected increase in workload for disaster management and recovery\n- (i) to fill a temporary vacancy arising because a person is absent for a known period; or Examples of absence for a known period— approved leave (including parental leave), a secondment\n- (ii) to perform work for a particular project or purpose that has a known end date; or Example— employment for a set period as part of a training program or placement program\n- (iii) to fill a position for which funding is unlikely or unknown; or Example— employment relating to performing work for which funding is subject to change or is not expected to be renewed\n- (iv) to fill a short-term vacancy before a person is employed on a permanent basis; or\n- (v) to perform work necessary to meet an unexpected short-term increase in workload; Example— an unexpected increase in workload for disaster management and recovery\n- (b) in relation to employment on a casual basis— (i) to fill a short-term vacancy arising because a person is absent for an unplanned or unexpected period; or (ii) to perform work for a short period to fill a gap in a work roster for employees employed on a permanent basis, or on a temporary basis for a fixed term; or (iii) to fill a position for which work patterns or work demand is variable and difficult to predict; or (iv) to fill a position for which work hours are irregular, informal, flexible, occasional or non-rostered.\n- (i) to fill a short-term vacancy arising because a person is absent for an unplanned or unexpected period; or\n- (ii) to perform work for a short period to fill a gap in a work roster for employees employed on a permanent basis, or on a temporary basis for a fixed term; or\n- (iii) to fill a position for which work patterns or work demand is variable and difficult to predict; or\n- (iv) to fill a position for which work hours are irregular, informal, flexible, occasional or non-rostered.\n- (i) to fill a temporary vacancy arising because a person is absent for a known period; or Examples of absence for a known period— approved leave (including parental leave), a secondment\n- (ii) to perform work for a particular project or purpose that has a known end date; or Example— employment for a set period as part of a training program or placement program\n- (iii) to fill a position for which funding is unlikely or unknown; or Example— employment relating to performing work for which funding is subject to change or is not expected to be renewed\n- (iv) to fill a short-term vacancy before a person is employed on a permanent basis; or\n- (v) to perform work necessary to meet an unexpected short-term increase in workload; Example— an unexpected increase in workload for disaster management and recovery\n- (i) to fill a short-term vacancy arising because a person is absent for an unplanned or unexpected period; or\n- (ii) to perform work for a short period to fill a gap in a work roster for employees employed on a permanent basis, or on a temporary basis for a fixed term; or\n- (iii) to fill a position for which work patterns or work demand is variable and difficult to predict; or\n- (iv) to fill a position for which work hours are irregular, informal, flexible, occasional or non-rostered.","sortOrder":107},{"sectionNumber":"ch.3-pt.6-div.2","sectionType":"division","heading":"Mobility of employment","content":"## Mobility of employment","sortOrder":108},{"sectionNumber":"sec.82","sectionType":"section","heading":"Mobility arrangement","content":"### sec.82 Mobility arrangement\n\nA chief executive of a public sector entity may enter into an arrangement (a mobility arrangement ) under which—\na person who is a public sector employee employed in the entity temporarily performs work for or within, or duties in—\nanother part of the entity; or\nanother entity; or\na person employed in another entity temporarily performs work for or within, or duties in, the public sector entity.\nanother public sector entity\nan entity of the Commonwealth or another State, including, for example, any of the following—\na department of government, or part of a department of government, of the Commonwealth or other State;\nan agency, authority, commission, corporation, instrumentality, office, or other entity, established under a law of the jurisdiction or under an authorisation of the Commonwealth or other State for its public or other purposes;\na part of an entity mentioned in paragraph (b)\na private or public company\nHowever, the mobility arrangement may be made only with the consent of—\nthe person; and\nfor subsection (1) (a) (ii) and (b)—the chief executive, or appropriate office holder, of the other entity.\nThe mobility arrangement may make provision for all matters necessary or convenient to be provided for under the arrangement.\nThe person’s chief executive or the chief executive, or appropriate office holder, of the other entity may end the mobility arrangement.\nIf a chief executive, or appropriate office holder, ends a mobility arrangement under subsection (4) , the chief executive, or appropriate office holder, must give notice of the ending of the arrangement to—\nthe other chief executive, or appropriate office holder, who is a party to the arrangement; and\nthe person.\nThe continuity of a person’s employment in a public sector entity is taken not to have been broken by a mobility arrangement.\nThe commissioner must make a directive about mobility arrangements.\nThe directive may provide for the way in which this section is to be applied, including, for example, the period of notice to be given by a party to a mobility arrangement before ending the arrangement under subsection (4) .\n(sec.82-ssec.1) A chief executive of a public sector entity may enter into an arrangement (a mobility arrangement ) under which— a person who is a public sector employee employed in the entity temporarily performs work for or within, or duties in— another part of the entity; or another entity; or a person employed in another entity temporarily performs work for or within, or duties in, the public sector entity. another public sector entity an entity of the Commonwealth or another State, including, for example, any of the following— a department of government, or part of a department of government, of the Commonwealth or other State; an agency, authority, commission, corporation, instrumentality, office, or other entity, established under a law of the jurisdiction or under an authorisation of the Commonwealth or other State for its public or other purposes; a part of an entity mentioned in paragraph (b) a private or public company\n(sec.82-ssec.2) However, the mobility arrangement may be made only with the consent of— the person; and for subsection (1) (a) (ii) and (b)—the chief executive, or appropriate office holder, of the other entity.\n(sec.82-ssec.3) The mobility arrangement may make provision for all matters necessary or convenient to be provided for under the arrangement.\n(sec.82-ssec.4) The person’s chief executive or the chief executive, or appropriate office holder, of the other entity may end the mobility arrangement.\n(sec.82-ssec.5) If a chief executive, or appropriate office holder, ends a mobility arrangement under subsection (4) , the chief executive, or appropriate office holder, must give notice of the ending of the arrangement to— the other chief executive, or appropriate office holder, who is a party to the arrangement; and the person.\n(sec.82-ssec.6) The continuity of a person’s employment in a public sector entity is taken not to have been broken by a mobility arrangement.\n(sec.82-ssec.7) The commissioner must make a directive about mobility arrangements.\n(sec.82-ssec.8) The directive may provide for the way in which this section is to be applied, including, for example, the period of notice to be given by a party to a mobility arrangement before ending the arrangement under subsection (4) .\n- (a) a person who is a public sector employee employed in the entity temporarily performs work for or within, or duties in— (i) another part of the entity; or (ii) another entity; or\n- (i) another part of the entity; or\n- (ii) another entity; or\n- (b) a person employed in another entity temporarily performs work for or within, or duties in, the public sector entity.\n- (i) another part of the entity; or\n- (ii) another entity; or\n- • another public sector entity\n- • an entity of the Commonwealth or another State, including, for example, any of the following— (a) a department of government, or part of a department of government, of the Commonwealth or other State; (b) an agency, authority, commission, corporation, instrumentality, office, or other entity, established under a law of the jurisdiction or under an authorisation of the Commonwealth or other State for its public or other purposes; (c) a part of an entity mentioned in paragraph (b)\n- (a) a department of government, or part of a department of government, of the Commonwealth or other State;\n- (b) an agency, authority, commission, corporation, instrumentality, office, or other entity, established under a law of the jurisdiction or under an authorisation of the Commonwealth or other State for its public or other purposes;\n- (c) a part of an entity mentioned in paragraph (b)\n- • a private or public company\n- (a) a department of government, or part of a department of government, of the Commonwealth or other State;\n- (b) an agency, authority, commission, corporation, instrumentality, office, or other entity, established under a law of the jurisdiction or under an authorisation of the Commonwealth or other State for its public or other purposes;\n- (c) a part of an entity mentioned in paragraph (b)\n- (a) the person; and\n- (b) for subsection (1) (a) (ii) and (b)—the chief executive, or appropriate office holder, of the other entity.\n- (a) the other chief executive, or appropriate office holder, who is a party to the arrangement; and\n- (b) the person.","sortOrder":109},{"sectionNumber":"ch.3-pt.7","sectionType":"part","heading":"Notification of employment","content":"# Notification of employment","sortOrder":110},{"sectionNumber":"sec.83","sectionType":"section","heading":"Notification of proposed employment or secondment","content":"### sec.83 Notification of proposed employment or secondment\n\nIf the chief executive of a public sector entity intends to employ or second a person to perform duties as a public sector employee, the chief executive must notify the chief executive’s intention as required under a directive.\nThis section does not apply to—\nemployment declared under a directive to be employment to which this section does not apply; or\nthe transfer, redeployment or secondment of a person under a provision of an Act or a directive.\n(sec.83-ssec.1) If the chief executive of a public sector entity intends to employ or second a person to perform duties as a public sector employee, the chief executive must notify the chief executive’s intention as required under a directive.\n(sec.83-ssec.2) This section does not apply to— employment declared under a directive to be employment to which this section does not apply; or the transfer, redeployment or secondment of a person under a provision of an Act or a directive.\n- (a) employment declared under a directive to be employment to which this section does not apply; or\n- (b) the transfer, redeployment or secondment of a person under a provision of an Act or a directive.","sortOrder":111},{"sectionNumber":"sec.84","sectionType":"section","heading":"Notification of employment or secondment","content":"### sec.84 Notification of employment or secondment\n\nThis section applies if the chief executive of a public sector entity—\nwas required, under section 83 , to notify the intention to employ a person on a permanent basis, or second a person to perform duties, as a public sector employee; or\nis required, under a directive made by the commissioner for this section, to publish notice of the employment or secondment of a public sector employee.\nThe chief executive must publish notice of the employment or secondment in the gazette or in another way the commissioner considers appropriate.\n(sec.84-ssec.1) This section applies if the chief executive of a public sector entity— was required, under section 83 , to notify the intention to employ a person on a permanent basis, or second a person to perform duties, as a public sector employee; or is required, under a directive made by the commissioner for this section, to publish notice of the employment or secondment of a public sector employee.\n(sec.84-ssec.2) The chief executive must publish notice of the employment or secondment in the gazette or in another way the commissioner considers appropriate.\n- (a) was required, under section 83 , to notify the intention to employ a person on a permanent basis, or second a person to perform duties, as a public sector employee; or\n- (b) is required, under a directive made by the commissioner for this section, to publish notice of the employment or secondment of a public sector employee.","sortOrder":112},{"sectionNumber":"ch.3-pt.8","sectionType":"part","heading":"Work performance and conduct","content":"# Work performance and conduct","sortOrder":113},{"sectionNumber":"ch.3-pt.8-div.1","sectionType":"division","heading":"Positive performance management","content":"## Positive performance management","sortOrder":114},{"sectionNumber":"sec.85","sectionType":"section","heading":"Positive performance management principles","content":"### sec.85 Positive performance management principles\n\nFor best practice human resource management and in recognition that public sector employees are selected based on recruitment and selection processes under chapter 3 , part 3 , the management of public sector employees must be directed towards the following principles ( positive performance management principles )—\npro-actively managing the professional and personal development of public sector employees with a view to continuously building expertise within the public sector;\nensuring regular and constructive communication between public sector managers and employees about the work performance and personal conduct principles;\nrecognising the strengths, requirements and circumstances of individual employees and valuing their contributions;\nrecognising performance that meets or exceeds expectations;\nproviding opportunities and support to employees for improving performance;\ncontinuously improving performance through the provision of training and development;\nidentifying at the earliest possible stage performance that does not meet expectations;\nintegrating the matters mentioned in paragraphs (a) to (g) into management practices and policies.\nThe commissioner must make a directive about how the positive performance management principles are to be applied.\n(sec.85-ssec.1) For best practice human resource management and in recognition that public sector employees are selected based on recruitment and selection processes under chapter 3 , part 3 , the management of public sector employees must be directed towards the following principles ( positive performance management principles )— pro-actively managing the professional and personal development of public sector employees with a view to continuously building expertise within the public sector; ensuring regular and constructive communication between public sector managers and employees about the work performance and personal conduct principles; recognising the strengths, requirements and circumstances of individual employees and valuing their contributions; recognising performance that meets or exceeds expectations; providing opportunities and support to employees for improving performance; continuously improving performance through the provision of training and development; identifying at the earliest possible stage performance that does not meet expectations; integrating the matters mentioned in paragraphs (a) to (g) into management practices and policies.\n(sec.85-ssec.2) The commissioner must make a directive about how the positive performance management principles are to be applied.\n- (a) pro-actively managing the professional and personal development of public sector employees with a view to continuously building expertise within the public sector;\n- (b) ensuring regular and constructive communication between public sector managers and employees about the work performance and personal conduct principles;\n- (c) recognising the strengths, requirements and circumstances of individual employees and valuing their contributions;\n- (d) recognising performance that meets or exceeds expectations;\n- (e) providing opportunities and support to employees for improving performance;\n- (f) continuously improving performance through the provision of training and development;\n- (g) identifying at the earliest possible stage performance that does not meet expectations;\n- (h) integrating the matters mentioned in paragraphs (a) to (g) into management practices and policies.","sortOrder":115},{"sectionNumber":"sec.86","sectionType":"section","heading":"Requirement to apply positive performance management principles before taking disciplinary action","content":"### sec.86 Requirement to apply positive performance management principles before taking disciplinary action\n\nA public sector employee’s chief executive must not take disciplinary action against the employee for a matter relating to the employee’s performance until the chief executive has complied with a directive made under section 85 (2) about applying the positive performance management principles in relation to the matter.","sortOrder":116},{"sectionNumber":"ch.3-pt.8-div.2","sectionType":"division","heading":"Conflicts of interest","content":"## Conflicts of interest","sortOrder":117},{"sectionNumber":"sec.87","sectionType":"section","heading":"Meaning of interest","content":"### sec.87 Meaning of interest\n\nA reference to an interest or to a conflict of interest in this division 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.","sortOrder":118},{"sectionNumber":"sec.88","sectionType":"section","heading":"Declaration of interests—public sector employee","content":"### sec.88 Declaration of interests—public sector employee\n\nA public sector employee’s chief executive may direct the employee to prepare and give the chief executive a statement about the employee’s interests.\nThe statement must include the information required under a directive made by the commissioner.\nSubsection (4) applies if—\na change to the employee’s interests happens after the giving of the statement; and\nthe change is of a type prescribed under a directive made by the commissioner; and\nthe chief executive has directed the employee to give the chief executive a revised version of the statement, including the change, within a stated period or at a stated interval.\nThe employee must give the revised version of the statement, including the change, to the chief executive within the stated period or at the stated interval.\nA reference to a public sector employee in this section does not include a reference to a chief executive of a public sector entity.\n(sec.88-ssec.1) A public sector employee’s chief executive may direct the employee to prepare and give the chief executive a statement about the employee’s interests.\n(sec.88-ssec.2) The statement must include the information required under a directive made by the commissioner.\n(sec.88-ssec.3) Subsection (4) applies if— a change to the employee’s interests happens after the giving of the statement; and the change is of a type prescribed under a directive made by the commissioner; and the chief executive has directed the employee to give the chief executive a revised version of the statement, including the change, within a stated period or at a stated interval.\n(sec.88-ssec.4) The employee must give the revised version of the statement, including the change, to the chief executive within the stated period or at the stated interval.\n(sec.88-ssec.5) A reference to a public sector employee in this section does not include a reference to a chief executive of a public sector entity.\n- (a) a change to the employee’s interests happens after the giving of the statement; and\n- (b) the change is of a type prescribed under a directive made by the commissioner; and\n- (c) the chief executive has directed the employee to give the chief executive a revised version of the statement, including the change, within a stated period or at a stated interval.","sortOrder":119},{"sectionNumber":"sec.89","sectionType":"section","heading":"Conflicts of interest—public sector employee","content":"### sec.89 Conflicts of interest—public sector employee\n\nIf a public sector employee has an interest that conflicts or may conflict with the discharge of the employee’s duties, the employee—\nmust disclose the nature of the interest and conflict to the employee’s chief executive as soon as practicable after the relevant facts come to the employee’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 the employee’s chief executive.\nA public sector employee’s chief executive may direct the employee to resolve a conflict or possible conflict between an interest of the employee and the employee’s duties.\nA reference to a public sector employee in this section does not include a reference to a chief executive of a public sector entity.\n(sec.89-ssec.1) If a public sector employee has an interest that conflicts or may conflict with the discharge of the employee’s duties, the employee— must disclose the nature of the interest and conflict to the employee’s chief executive as soon as practicable after the relevant facts come to the employee’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 the employee’s chief executive.\n(sec.89-ssec.2) A public sector employee’s chief executive may direct the employee to resolve a conflict or possible conflict between an interest of the employee and the employee’s duties.\n(sec.89-ssec.3) A reference to a public sector employee in this section does not include a reference to a chief executive of a public sector entity.\n- (a) must disclose the nature of the interest and conflict to the employee’s chief executive as soon as practicable after the relevant facts come to the employee’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 the employee’s chief executive.","sortOrder":120},{"sectionNumber":"ch.3-pt.8-div.3","sectionType":"division","heading":"Disciplinary action","content":"## Disciplinary action","sortOrder":121},{"sectionNumber":"sec.90","sectionType":"section","heading":"Definitions for division","content":"### sec.90 Definitions for division\n\nIn this division—\ndisciplinary action see section 92 .\ndisciplinary finding means a finding that a disciplinary ground exists.\ndisciplinary ground means a ground for disciplining a public sector employee under section 91 .\ntake , disciplinary action, includes direct the action be taken.","sortOrder":122},{"sectionNumber":"sec.91","sectionType":"section","heading":"Grounds for discipline","content":"### sec.91 Grounds for discipline\n\nA public sector employee’s chief executive may discipline the employee if the chief executive is reasonably satisfied the employee has—\nengaged in repeated unsatisfactory performance or serious under performance of the employee’s duties, including, for example, by performing duties carelessly, incompetently or inefficiently; or\nbeen guilty of misconduct; or\nbeen absent from duty without approved leave and without reasonable excuse; or\ncontravened, without reasonable excuse, a direction given to the employee as a public sector employee by a responsible person; or\nused, without reasonable excuse, a substance to an extent that has adversely affected the competent performance of the employee’s duties; or\ncontravened, without reasonable excuse, a requirement of the chief executive under section 71 in relation to the employee’s employment or secondment by, in response to the requirement—\nfailing to disclose a serious disciplinary action; or\ngiving false or misleading information; or\ncontravened, without reasonable excuse, a provision of—\nthis Act, other than section 39 or 40 ; or\nanother Act that applies to the employee in relation to the employee’s employment; or\ncontravened, without reasonable excuse, a relevant standard of conduct in a way that is sufficiently serious to warrant disciplinary action.\nA disciplinary ground arises when the act or omission constituting the ground is done or made.\nAlso, a chief executive may discipline, on the same grounds mentioned in subsection (1) , a public sector employee under section 94 or a person under section 95 .\nTo remove any doubt, it is declared that a disciplinary ground does not arise in relation to a public sector employee only because the employee’s work performance or personal conduct fails to satisfy the work performance and personal conduct principles or the public sector principles.\nIn this section—\nmisconduct means—\ninappropriate or improper conduct in an official capacity; or\ninappropriate or improper conduct in a private capacity that reflects seriously and adversely on the public sector entity in which the employee is employed.\nvictimising another public sector employee in the course of the other employee’s employment in the public sector\nrelevant standard of conduct —\nfor a public sector employee, means—\na standard of conduct applying to the employee under an approved code of conduct under the Public Sector Ethics Act 1994 ; or\na standard of conduct, if any, applying to the employee under an approved standard of practice under the Public Sector Ethics Act 1994 ; and\nfor a public sector employee who is an ambulance officer under the Ambulance Service Act 1991 , section 13 (1) —includes a code of practice under section 41 of that Act; and\nfor a public sector employee who is a fire service officer under the Fire Services Act 1990 —includes a code of practice under section 7B of that Act.\nresponsible person , for a direction, means a person with authority to give the direction, whether the authority derives from this Act or another law.\ns 91 amd 2024 No. 22 s 92 sch 1\n(sec.91-ssec.1) A public sector employee’s chief executive may discipline the employee if the chief executive is reasonably satisfied the employee has— engaged in repeated unsatisfactory performance or serious under performance of the employee’s duties, including, for example, by performing duties carelessly, incompetently or inefficiently; or been guilty of misconduct; or been absent from duty without approved leave and without reasonable excuse; or contravened, without reasonable excuse, a direction given to the employee as a public sector employee by a responsible person; or used, without reasonable excuse, a substance to an extent that has adversely affected the competent performance of the employee’s duties; or contravened, without reasonable excuse, a requirement of the chief executive under section 71 in relation to the employee’s employment or secondment by, in response to the requirement— failing to disclose a serious disciplinary action; or giving false or misleading information; or contravened, without reasonable excuse, a provision of— this Act, other than section 39 or 40 ; or another Act that applies to the employee in relation to the employee’s employment; or contravened, without reasonable excuse, a relevant standard of conduct in a way that is sufficiently serious to warrant disciplinary action.\n(sec.91-ssec.2) A disciplinary ground arises when the act or omission constituting the ground is done or made.\n(sec.91-ssec.3) Also, a chief executive may discipline, on the same grounds mentioned in subsection (1) , a public sector employee under section 94 or a person under section 95 .\n(sec.91-ssec.4) To remove any doubt, it is declared that a disciplinary ground does not arise in relation to a public sector employee only because the employee’s work performance or personal conduct fails to satisfy the work performance and personal conduct principles or the public sector principles.\n(sec.91-ssec.5) In this section— misconduct means— inappropriate or improper conduct in an official capacity; or inappropriate or improper conduct in a private capacity that reflects seriously and adversely on the public sector entity in which the employee is employed. victimising another public sector employee in the course of the other employee’s employment in the public sector relevant standard of conduct — for a public sector employee, means— a standard of conduct applying to the employee under an approved code of conduct under the Public Sector Ethics Act 1994 ; or a standard of conduct, if any, applying to the employee under an approved standard of practice under the Public Sector Ethics Act 1994 ; and for a public sector employee who is an ambulance officer under the Ambulance Service Act 1991 , section 13 (1) —includes a code of practice under section 41 of that Act; and for a public sector employee who is a fire service officer under the Fire Services Act 1990 —includes a code of practice under section 7B of that Act. responsible person , for a direction, means a person with authority to give the direction, whether the authority derives from this Act or another law.\n- (a) engaged in repeated unsatisfactory performance or serious under performance of the employee’s duties, including, for example, by performing duties carelessly, incompetently or inefficiently; or\n- (b) been guilty of misconduct; or\n- (c) been absent from duty without approved leave and without reasonable excuse; or\n- (d) contravened, without reasonable excuse, a direction given to the employee as a public sector employee by a responsible person; or\n- (e) used, without reasonable excuse, a substance to an extent that has adversely affected the competent performance of the employee’s duties; or\n- (f) contravened, without reasonable excuse, a requirement of the chief executive under section 71 in relation to the employee’s employment or secondment by, in response to the requirement— (i) failing to disclose a serious disciplinary action; or (ii) giving false or misleading information; or\n- (i) failing to disclose a serious disciplinary action; or\n- (ii) giving false or misleading information; or\n- (g) contravened, without reasonable excuse, a provision of— (i) this Act, other than section 39 or 40 ; or (ii) another Act that applies to the employee in relation to the employee’s employment; or\n- (i) this Act, other than section 39 or 40 ; or\n- (ii) another Act that applies to the employee in relation to the employee’s employment; or\n- (h) contravened, without reasonable excuse, a relevant standard of conduct in a way that is sufficiently serious to warrant disciplinary action.\n- (i) failing to disclose a serious disciplinary action; or\n- (ii) giving false or misleading information; or\n- (i) this Act, other than section 39 or 40 ; or\n- (ii) another Act that applies to the employee in relation to the employee’s employment; or\n- (a) inappropriate or improper conduct in an official capacity; or\n- (b) inappropriate or improper conduct in a private capacity that reflects seriously and adversely on the public sector entity in which the employee is employed.\n- (a) for a public sector employee, means— (i) a standard of conduct applying to the employee under an approved code of conduct under the Public Sector Ethics Act 1994 ; or (ii) a standard of conduct, if any, applying to the employee under an approved standard of practice under the Public Sector Ethics Act 1994 ; and\n- (i) a standard of conduct applying to the employee under an approved code of conduct under the Public Sector Ethics Act 1994 ; or\n- (ii) a standard of conduct, if any, applying to the employee under an approved standard of practice under the Public Sector Ethics Act 1994 ; and\n- (b) for a public sector employee who is an ambulance officer under the Ambulance Service Act 1991 , section 13 (1) —includes a code of practice under section 41 of that Act; and\n- (c) for a public sector employee who is a fire service officer under the Fire Services Act 1990 —includes a code of practice under section 7B of that Act.\n- (i) a standard of conduct applying to the employee under an approved code of conduct under the Public Sector Ethics Act 1994 ; or\n- (ii) a standard of conduct, if any, applying to the employee under an approved standard of practice under the Public Sector Ethics Act 1994 ; and","sortOrder":123},{"sectionNumber":"sec.92","sectionType":"section","heading":"Meaning of disciplinary action","content":"### sec.92 Meaning of disciplinary action\n\nDisciplinary action is any action relating to employment, including, for example, any of the following actions—\ntermination of employment;\nreduction of classification level and a consequential change of duties;\ntransfer or redeployment;\nforfeiture or deferment of a remuneration increment or increase;\nreduction of remuneration level;\nimposition of a monetary penalty;\nif a penalty is imposed, a direction that the amount of the penalty be deducted from the employee’s periodic remuneration payments;\na reprimand.\nHowever, disciplinary action consisting of a monetary penalty can not be more than the total of 2 of the employee’s periodic remuneration payments.\nAlso, disciplinary action consisting of an amount directed to be deducted from a particular periodic remuneration payment of an employee—\nmust not be more than half of the amount payable to or for the employee in relation to the payment; and\nmust not reduce the amount of salary payable to the employee in relation to the period to less than—\nif the employee has a dependant—the Queensland minimum wage for each week of the period; or\notherwise—two-thirds of the Queensland minimum wage for each week of the period.\nIn this section—\nQueensland minimum wage see the Industrial Relations Act 2016 , schedule 5 .\n(sec.92-ssec.1) Disciplinary action is any action relating to employment, including, for example, any of the following actions— termination of employment; reduction of classification level and a consequential change of duties; transfer or redeployment; forfeiture or deferment of a remuneration increment or increase; reduction of remuneration level; imposition of a monetary penalty; if a penalty is imposed, a direction that the amount of the penalty be deducted from the employee’s periodic remuneration payments; a reprimand.\n(sec.92-ssec.2) However, disciplinary action consisting of a monetary penalty can not be more than the total of 2 of the employee’s periodic remuneration payments.\n(sec.92-ssec.3) Also, disciplinary action consisting of an amount directed to be deducted from a particular periodic remuneration payment of an employee— must not be more than half of the amount payable to or for the employee in relation to the payment; and must not reduce the amount of salary payable to the employee in relation to the period to less than— if the employee has a dependant—the Queensland minimum wage for each week of the period; or otherwise—two-thirds of the Queensland minimum wage for each week of the period.\n(sec.92-ssec.4) In this section— Queensland minimum wage see the Industrial Relations Act 2016 , schedule 5 .\n- (a) termination of employment;\n- (b) reduction of classification level and a consequential change of duties;\n- (c) transfer or redeployment;\n- (d) forfeiture or deferment of a remuneration increment or increase;\n- (e) reduction of remuneration level;\n- (f) imposition of a monetary penalty;\n- (g) if a penalty is imposed, a direction that the amount of the penalty be deducted from the employee’s periodic remuneration payments;\n- (h) a reprimand.\n- (a) must not be more than half of the amount payable to or for the employee in relation to the payment; and\n- (b) must not reduce the amount of salary payable to the employee in relation to the period to less than— (i) if the employee has a dependant—the Queensland minimum wage for each week of the period; or (ii) otherwise—two-thirds of the Queensland minimum wage for each week of the period.\n- (i) if the employee has a dependant—the Queensland minimum wage for each week of the period; or\n- (ii) otherwise—two-thirds of the Queensland minimum wage for each week of the period.\n- (i) if the employee has a dependant—the Queensland minimum wage for each week of the period; or\n- (ii) otherwise—two-thirds of the Queensland minimum wage for each week of the period.","sortOrder":124},{"sectionNumber":"sec.93","sectionType":"section","heading":"Disciplinary action against public sector employee","content":"### sec.93 Disciplinary action against public sector employee\n\nIn disciplining a public sector employee, the employee’s chief executive may take the disciplinary action, or order the disciplinary action be taken, against the employee that the chief executive considers reasonable in the circumstances.\nTo remove any doubt, it is declared that disciplinary action mentioned in section 92 (1) (c) is not limited or otherwise affected by chapter 4 , part 4 , division 3 .\nAn order under subsection (1) is binding on anyone affected by it.\n(sec.93-ssec.1) In disciplining a public sector employee, the employee’s chief executive may take the disciplinary action, or order the disciplinary action be taken, against the employee that the chief executive considers reasonable in the circumstances.\n(sec.93-ssec.2) To remove any doubt, it is declared that disciplinary action mentioned in section 92 (1) (c) is not limited or otherwise affected by chapter 4 , part 4 , division 3 .\n(sec.93-ssec.3) An order under subsection (1) is binding on anyone affected by it.","sortOrder":125},{"sectionNumber":"sec.94","sectionType":"section","heading":"Disciplinary action if public sector employee changes employment to another public sector entity","content":"### sec.94 Disciplinary action if public sector employee changes employment to another public sector entity\n\nThis section applies if—\na public sector employee is employed in a public sector entity (the former entity ); and\na disciplinary ground arises in relation to the employee; and\nafter the disciplinary ground arises the employee changes employment from the former entity to another public sector entity (the current entity ).\nThe chief executive of the former entity may—\nmake a disciplinary finding; or\ndelegate to the chief executive of the current entity the power under paragraph (a) to make a disciplinary finding.\nAlso, the chief executive of the current entity is taken to have the power to make a disciplinary finding if—\nthe former entity no longer exists; or\nthe former entity no longer has a chief executive; or\nthe chief executive of the former entity and the chief executive of the current entity are the same person.\nIf the chief executive of the former entity makes a disciplinary finding under subsection (2) (a) , in disciplining the employee, the chief executive of the current entity may take disciplinary action under section 93 against the employee that the chief executive of the former entity agrees is reasonable in the circumstances.\nIf the chief executive of the current entity makes a disciplinary finding under subsection (2) (b) or (3) , in disciplining the employee, the chief executive of the current entity may take disciplinary action under section 93 against the employee.\nThe chief executive of the former entity may give the chief executive of the current entity information about the employee or a disciplinary ground relating to the employee for the purpose of helping the chief executive of the current entity perform a function or exercise a power under this section.\nIn this section—\nchanges employment includes change employment by promotion, transfer, secondment or redeployment.\n(sec.94-ssec.1) This section applies if— a public sector employee is employed in a public sector entity (the former entity ); and a disciplinary ground arises in relation to the employee; and after the disciplinary ground arises the employee changes employment from the former entity to another public sector entity (the current entity ).\n(sec.94-ssec.2) The chief executive of the former entity may— make a disciplinary finding; or delegate to the chief executive of the current entity the power under paragraph (a) to make a disciplinary finding.\n(sec.94-ssec.3) Also, the chief executive of the current entity is taken to have the power to make a disciplinary finding if— the former entity no longer exists; or the former entity no longer has a chief executive; or the chief executive of the former entity and the chief executive of the current entity are the same person.\n(sec.94-ssec.4) If the chief executive of the former entity makes a disciplinary finding under subsection (2) (a) , in disciplining the employee, the chief executive of the current entity may take disciplinary action under section 93 against the employee that the chief executive of the former entity agrees is reasonable in the circumstances.\n(sec.94-ssec.5) If the chief executive of the current entity makes a disciplinary finding under subsection (2) (b) or (3) , in disciplining the employee, the chief executive of the current entity may take disciplinary action under section 93 against the employee.\n(sec.94-ssec.6) The chief executive of the former entity may give the chief executive of the current entity information about the employee or a disciplinary ground relating to the employee for the purpose of helping the chief executive of the current entity perform a function or exercise a power under this section.\n(sec.94-ssec.7) In this section— changes employment includes change employment by promotion, transfer, secondment or redeployment.\n- (a) a public sector employee is employed in a public sector entity (the former entity ); and\n- (b) a disciplinary ground arises in relation to the employee; and\n- (c) after the disciplinary ground arises the employee changes employment from the former entity to another public sector entity (the current entity ).\n- (a) make a disciplinary finding; or\n- (b) delegate to the chief executive of the current entity the power under paragraph (a) to make a disciplinary finding.\n- (a) the former entity no longer exists; or\n- (b) the former entity no longer has a chief executive; or\n- (c) the chief executive of the former entity and the chief executive of the current entity are the same person.","sortOrder":126},{"sectionNumber":"sec.95","sectionType":"section","heading":"Disciplinary declaration if employment as public sector employee ends","content":"### sec.95 Disciplinary declaration if employment as public sector employee ends\n\nThis section applies if—\na person is employed in a public sector entity (the former entity ); and\na disciplinary ground arises in relation to the person; and\nafter the disciplinary ground arises the person’s employment as a public sector employee ends for any reason.\nHowever, this section does not apply in relation to a person who is a former public sector employee if the person’s previous chief executive is aware—\nthe person is a CCC employee; and\nthe previous chief executive or the chief executive officer of the Crime and Corruption Commission has taken, is taking, or intends to take disciplinary action against the person, under the Crime and Corruption Act 2001 , chapter 6 , part 1 , division 9 , in relation to the disciplinary ground.\nThe former public sector employee’s previous chief executive may make a disciplinary finding or take or continue to take disciplinary action against the former public sector employee in relation to the disciplinary ground.\nThe disciplinary finding or disciplinary action must be made or taken within a period of 2 years after the end of the employee’s employment.\nHowever, subsection (4) does not stop disciplinary action being taken following an appeal or review.\nSubsection (4) does not affect—\nan investigation of a suspected criminal offence; or\nan investigation of a matter for the purpose of notifying the Crime and Corruption Commission of suspected corrupt conduct under the Crime and Corruption Act 2001 .\nIn disciplining the former public sector employee, the former public sector employee’s previous chief executive may make a disciplinary declaration and may not take any other disciplinary action.\nThe former public sector employee’s previous chief executive may only make a disciplinary declaration if the disciplinary action that would have been taken against the employee if the employee’s employment had not ended would have been—\ntermination of employment; or\nreduction of classification level.\nThe making of the disciplinary declaration does not affect the way in which the employee’s employment ended, or any benefits, rights or liabilities arising because the employment ended.\nIn this section—\ndisciplinary declaration means a declaration of—\nthe disciplinary finding against the former public sector employee; and\nthe disciplinary action that would have been taken against the former public sector employee if the employee’s employment had not ended.\nprevious chief executive , of a person, means the person’s chief executive before the employment of the person as a public sector employee ends for any reason.\n(sec.95-ssec.1) This section applies if— a person is employed in a public sector entity (the former entity ); and a disciplinary ground arises in relation to the person; and after the disciplinary ground arises the person’s employment as a public sector employee ends for any reason.\n(sec.95-ssec.2) However, this section does not apply in relation to a person who is a former public sector employee if the person’s previous chief executive is aware— the person is a CCC employee; and the previous chief executive or the chief executive officer of the Crime and Corruption Commission has taken, is taking, or intends to take disciplinary action against the person, under the Crime and Corruption Act 2001 , chapter 6 , part 1 , division 9 , in relation to the disciplinary ground.\n(sec.95-ssec.3) The former public sector employee’s previous chief executive may make a disciplinary finding or take or continue to take disciplinary action against the former public sector employee in relation to the disciplinary ground.\n(sec.95-ssec.4) The disciplinary finding or disciplinary action must be made or taken within a period of 2 years after the end of the employee’s employment.\n(sec.95-ssec.5) However, subsection (4) does not stop disciplinary action being taken following an appeal or review.\n(sec.95-ssec.6) Subsection (4) does not affect— an investigation of a suspected criminal offence; or an investigation of a matter for the purpose of notifying the Crime and Corruption Commission of suspected corrupt conduct under the Crime and Corruption Act 2001 .\n(sec.95-ssec.7) In disciplining the former public sector employee, the former public sector employee’s previous chief executive may make a disciplinary declaration and may not take any other disciplinary action.\n(sec.95-ssec.8) The former public sector employee’s previous chief executive may only make a disciplinary declaration if the disciplinary action that would have been taken against the employee if the employee’s employment had not ended would have been— termination of employment; or reduction of classification level.\n(sec.95-ssec.9) The making of the disciplinary declaration does not affect the way in which the employee’s employment ended, or any benefits, rights or liabilities arising because the employment ended.\n(sec.95-ssec.10) In this section— disciplinary declaration means a declaration of— the disciplinary finding against the former public sector employee; and the disciplinary action that would have been taken against the former public sector employee if the employee’s employment had not ended. previous chief executive , of a person, means the person’s chief executive before the employment of the person as a public sector employee ends for any reason.\n- (a) a person is employed in a public sector entity (the former entity ); and\n- (b) a disciplinary ground arises in relation to the person; and\n- (c) after the disciplinary ground arises the person’s employment as a public sector employee ends for any reason.\n- (a) the person is a CCC employee; and\n- (b) the previous chief executive or the chief executive officer of the Crime and Corruption Commission has taken, is taking, or intends to take disciplinary action against the person, under the Crime and Corruption Act 2001 , chapter 6 , part 1 , division 9 , in relation to the disciplinary ground.\n- (a) an investigation of a suspected criminal offence; or\n- (b) an investigation of a matter for the purpose of notifying the Crime and Corruption Commission of suspected corrupt conduct under the Crime and Corruption Act 2001 .\n- (a) termination of employment; or\n- (b) reduction of classification level.\n- (a) the disciplinary finding against the former public sector employee; and\n- (b) the disciplinary action that would have been taken against the former public sector employee if the employee’s employment had not ended.","sortOrder":127},{"sectionNumber":"sec.96","sectionType":"section","heading":"Disciplinary action if CCC employee becomes public sector employee","content":"### sec.96 Disciplinary action if CCC employee becomes public sector employee\n\nThis section applies if—\na person is engaged as a CCC employee in the Crime and Corruption Commission (the CCC ); and\na relevant disciplinary ground arises in relation to the person; and\nafter the relevant disciplinary ground arises, the person stops being engaged as a CCC employee in the CCC and is employed as a public sector employee in a public sector entity (the current entity ).\nHowever, this section does not apply if the chief executive officer of the CCC has taken, is taking, or intends to take, disciplinary action against the person, under the Crime and Corruption Act 2001 , chapter 6 , part 1 , division 9 , in relation to the relevant disciplinary ground.\nThe chief executive officer of the CCC may—\nmake a disciplinary finding; or\ndelegate to the chief executive of the current entity the power under paragraph (a) to make a disciplinary finding.\nIf the chief executive officer of the CCC makes a disciplinary finding under subsection (3) (a) , in disciplining the person, the chief executive of the current entity may take disciplinary action under section 93 against the person that the chief executive officer of the CCC agrees is reasonable in the circumstances.\nIf the chief executive of the current entity makes a disciplinary finding under subsection (3) (b) , in disciplining the person, the chief executive of the current entity may take disciplinary action under section 93 against the person.\nThe chief executive officer of the CCC may give the chief executive of the current entity information about the person or a relevant disciplinary ground relating to the person for the purpose of helping the chief executive of the current entity perform a function or exercise a power under this section.\nIn this section—\na reference to a relevant disciplinary ground for a person is a reference to a disciplinary ground under the Crime and Corruption Act 2001 , chapter 6 , part 1 , division 9 for the person; and\na reference to a disciplinary finding in relation to a relevant disciplinary ground for a person is a reference to a finding that a relevant disciplinary ground for the person exists.\n(sec.96-ssec.1) This section applies if— a person is engaged as a CCC employee in the Crime and Corruption Commission (the CCC ); and a relevant disciplinary ground arises in relation to the person; and after the relevant disciplinary ground arises, the person stops being engaged as a CCC employee in the CCC and is employed as a public sector employee in a public sector entity (the current entity ).\n(sec.96-ssec.2) However, this section does not apply if the chief executive officer of the CCC has taken, is taking, or intends to take, disciplinary action against the person, under the Crime and Corruption Act 2001 , chapter 6 , part 1 , division 9 , in relation to the relevant disciplinary ground.\n(sec.96-ssec.3) The chief executive officer of the CCC may— make a disciplinary finding; or delegate to the chief executive of the current entity the power under paragraph (a) to make a disciplinary finding.\n(sec.96-ssec.4) If the chief executive officer of the CCC makes a disciplinary finding under subsection (3) (a) , in disciplining the person, the chief executive of the current entity may take disciplinary action under section 93 against the person that the chief executive officer of the CCC agrees is reasonable in the circumstances.\n(sec.96-ssec.5) If the chief executive of the current entity makes a disciplinary finding under subsection (3) (b) , in disciplining the person, the chief executive of the current entity may take disciplinary action under section 93 against the person.\n(sec.96-ssec.6) The chief executive officer of the CCC may give the chief executive of the current entity information about the person or a relevant disciplinary ground relating to the person for the purpose of helping the chief executive of the current entity perform a function or exercise a power under this section.\n(sec.96-ssec.7) In this section— a reference to a relevant disciplinary ground for a person is a reference to a disciplinary ground under the Crime and Corruption Act 2001 , chapter 6 , part 1 , division 9 for the person; and a reference to a disciplinary finding in relation to a relevant disciplinary ground for a person is a reference to a finding that a relevant disciplinary ground for the person exists.\n- (a) a person is engaged as a CCC employee in the Crime and Corruption Commission (the CCC ); and\n- (b) a relevant disciplinary ground arises in relation to the person; and\n- (c) after the relevant disciplinary ground arises, the person stops being engaged as a CCC employee in the CCC and is employed as a public sector employee in a public sector entity (the current entity ).\n- (a) make a disciplinary finding; or\n- (b) delegate to the chief executive of the current entity the power under paragraph (a) to make a disciplinary finding.\n- (a) a reference to a relevant disciplinary ground for a person is a reference to a disciplinary ground under the Crime and Corruption Act 2001 , chapter 6 , part 1 , division 9 for the person; and\n- (b) a reference to a disciplinary finding in relation to a relevant disciplinary ground for a person is a reference to a finding that a relevant disciplinary ground for the person exists.","sortOrder":128},{"sectionNumber":"sec.97","sectionType":"section","heading":"Chief executive may ask another chief executive for disciplinary information","content":"### sec.97 Chief executive may ask another chief executive for disciplinary information\n\nThe chief executive of a public sector entity may ask the chief executive of another public sector entity (the other chief executive ) for disciplinary information in the possession of the other chief executive about a person who is or was a public sector employee if the chief executive believes the information is necessary to make a decision about—\nemployment, or continuing the employment, of the person as a public sector employee in the entity; or\na disciplinary finding, disciplinary action or a disciplinary declaration the chief executive is considering in relation to the person.\nThe other chief executive must give the chief executive the disciplinary information unless the other chief executive is satisfied that giving the information may prejudice the investigation of a suspected contravention of the law in a particular case.\nIn this section—\ndisciplinary information , in relation to a request made of a chief executive about a person, means information about any of the following made or taken against the person under a public sector disciplinary law by the chief executive or another entity—\na finding that the person should be disciplined;\npossible disciplinary action under consideration;\ndisciplinary action;\na disciplinary declaration.\n(sec.97-ssec.1) The chief executive of a public sector entity may ask the chief executive of another public sector entity (the other chief executive ) for disciplinary information in the possession of the other chief executive about a person who is or was a public sector employee if the chief executive believes the information is necessary to make a decision about— employment, or continuing the employment, of the person as a public sector employee in the entity; or a disciplinary finding, disciplinary action or a disciplinary declaration the chief executive is considering in relation to the person.\n(sec.97-ssec.2) The other chief executive must give the chief executive the disciplinary information unless the other chief executive is satisfied that giving the information may prejudice the investigation of a suspected contravention of the law in a particular case.\n(sec.97-ssec.3) In this section— disciplinary information , in relation to a request made of a chief executive about a person, means information about any of the following made or taken against the person under a public sector disciplinary law by the chief executive or another entity— a finding that the person should be disciplined; possible disciplinary action under consideration; disciplinary action; a disciplinary declaration.\n- (a) employment, or continuing the employment, of the person as a public sector employee in the entity; or\n- (b) a disciplinary finding, disciplinary action or a disciplinary declaration the chief executive is considering in relation to the person.\n- (a) a finding that the person should be disciplined;\n- (b) possible disciplinary action under consideration;\n- (c) disciplinary action;\n- (d) a disciplinary declaration.","sortOrder":129},{"sectionNumber":"sec.98","sectionType":"section","heading":"Procedure for disciplinary action","content":"### sec.98 Procedure for disciplinary action\n\nIn disciplining a public sector employee or former public sector employee under this Act, a chief executive of a public sector entity must comply with this Act and any relevant directive.","sortOrder":130},{"sectionNumber":"sec.99","sectionType":"section","heading":"Notice of termination","content":"### sec.99 Notice of termination\n\nIf a public sector employee’s chief executive decides to terminate the employment of the employee under this division, the chief executive must give the employee notice of the termination.\nThe notice must state the day the termination takes effect.\n(sec.99-ssec.1) If a public sector employee’s chief executive decides to terminate the employment of the employee under this division, the chief executive must give the employee notice of the termination.\n(sec.99-ssec.2) The notice must state the day the termination takes effect.","sortOrder":131},{"sectionNumber":"sec.100","sectionType":"section","heading":"Directive about disciplinary action","content":"### sec.100 Directive about disciplinary action\n\nThe commissioner must make a directive about—\nmanaging disciplinary action; and\nprocedures for investigating the substance of a grievance or allegation relating to a public sector employee’s work performance or personal conduct.\nThe directive must make provision for the following matters—\nthe periodic review by public sector entities or the commissioner of disciplinary action being considered or undertaken by chief executives of public sector entities, including, for example, the period within which reviews must be conducted to ensure the timely resolution of disciplinary matters;\nhow the requirements of procedural fairness may be met in relation to decisions about disciplinary matters, including, for example, requirements about providing reasons for decisions about taking disciplinary action;\nthe circumstances in which a contravention of a relevant standard of conduct under section 91 (1) (h) is likely to be considered sufficiently serious to warrant disciplinary action;\nany other matter relating to disciplinary action against public sector employees the commissioner considers appropriate.\n(sec.100-ssec.1) The commissioner must make a directive about— managing disciplinary action; and procedures for investigating the substance of a grievance or allegation relating to a public sector employee’s work performance or personal conduct.\n(sec.100-ssec.2) The directive must make provision for the following matters— the periodic review by public sector entities or the commissioner of disciplinary action being considered or undertaken by chief executives of public sector entities, including, for example, the period within which reviews must be conducted to ensure the timely resolution of disciplinary matters; how the requirements of procedural fairness may be met in relation to decisions about disciplinary matters, including, for example, requirements about providing reasons for decisions about taking disciplinary action; the circumstances in which a contravention of a relevant standard of conduct under section 91 (1) (h) is likely to be considered sufficiently serious to warrant disciplinary action; any other matter relating to disciplinary action against public sector employees the commissioner considers appropriate.\n- (a) managing disciplinary action; and\n- (b) procedures for investigating the substance of a grievance or allegation relating to a public sector employee’s work performance or personal conduct.\n- (a) the periodic review by public sector entities or the commissioner of disciplinary action being considered or undertaken by chief executives of public sector entities, including, for example, the period within which reviews must be conducted to ensure the timely resolution of disciplinary matters;\n- (b) how the requirements of procedural fairness may be met in relation to decisions about disciplinary matters, including, for example, requirements about providing reasons for decisions about taking disciplinary action;\n- (c) the circumstances in which a contravention of a relevant standard of conduct under section 91 (1) (h) is likely to be considered sufficiently serious to warrant disciplinary action;\n- (d) any other matter relating to disciplinary action against public sector employees the commissioner considers appropriate.","sortOrder":132},{"sectionNumber":"ch.3-pt.8-div.4","sectionType":"division","heading":"Suspension","content":"## Suspension","sortOrder":133},{"sectionNumber":"sec.101","sectionType":"section","heading":"Suspension","content":"### sec.101 Suspension\n\nA public sector employee’s chief executive may, by notice, suspend the employee from duty if the chief executive reasonably believes—\nthe employee is liable to discipline under a disciplinary law; or\nthe proper and efficient management of the entity might be prejudiced if the employee is not suspended.\nThe notice must state—\nwhen the suspension starts and ends; and\nwhether the employee is entitled to remuneration for the period of the suspension; and\nthe effect that alternative employment may, under subsection (5) , have on any entitlement to remuneration for the period of the suspension.\nHowever, before suspending the employee, the chief executive must consider all reasonable alternatives available to the employee.\nalternative duties\na change in the location where the employee performs duties\nanother alternative working arrangement\nThe employee is entitled to normal remuneration for the period of the suspension, unless—\nthe employee is suspended under subsection (1) (a) ; and\nthe employee’s chief executive considers it is not appropriate for the employee to be entitled to normal remuneration for the period of the suspension, having regard to the nature of the discipline to which the chief executive believes the employee is liable.\nIf the employee is entitled to normal remuneration for the period of the suspension, any amount earned by the employee from engaging in alternative employment during the period of the suspension must be deducted from the employee’s normal remuneration, unless—\nthe employee was engaged in the employment at the time of the suspension; and\nthe employee, in engaging in the employment, was not contravening—\nthis Act; or\na standard of conduct applying to the employee under an approved code of conduct or approved standard of practice under the Public Sector Ethics Act 1994 .\nThe deduction under subsection (5) must not be more than the amount of the employee’s normal remuneration during the period of the suspension.\nThe continuity of the employee’s service as a public sector employee is taken not to have been broken only because of the suspension.\nThe chief executive may cancel the suspension at any time.\nIn suspending a public sector employee under this section, the chief executive must comply with the directive made under section 102 .\nProcedural fairness is not required if the employee is entitled to normal remuneration during the suspension.\n(sec.101-ssec.1) A public sector employee’s chief executive may, by notice, suspend the employee from duty if the chief executive reasonably believes— the employee is liable to discipline under a disciplinary law; or the proper and efficient management of the entity might be prejudiced if the employee is not suspended.\n(sec.101-ssec.2) The notice must state— when the suspension starts and ends; and whether the employee is entitled to remuneration for the period of the suspension; and the effect that alternative employment may, under subsection (5) , have on any entitlement to remuneration for the period of the suspension.\n(sec.101-ssec.3) However, before suspending the employee, the chief executive must consider all reasonable alternatives available to the employee. alternative duties a change in the location where the employee performs duties another alternative working arrangement\n(sec.101-ssec.4) The employee is entitled to normal remuneration for the period of the suspension, unless— the employee is suspended under subsection (1) (a) ; and the employee’s chief executive considers it is not appropriate for the employee to be entitled to normal remuneration for the period of the suspension, having regard to the nature of the discipline to which the chief executive believes the employee is liable.\n(sec.101-ssec.5) If the employee is entitled to normal remuneration for the period of the suspension, any amount earned by the employee from engaging in alternative employment during the period of the suspension must be deducted from the employee’s normal remuneration, unless— the employee was engaged in the employment at the time of the suspension; and the employee, in engaging in the employment, was not contravening— this Act; or a standard of conduct applying to the employee under an approved code of conduct or approved standard of practice under the Public Sector Ethics Act 1994 .\n(sec.101-ssec.6) The deduction under subsection (5) must not be more than the amount of the employee’s normal remuneration during the period of the suspension.\n(sec.101-ssec.7) The continuity of the employee’s service as a public sector employee is taken not to have been broken only because of the suspension.\n(sec.101-ssec.8) The chief executive may cancel the suspension at any time.\n(sec.101-ssec.9) In suspending a public sector employee under this section, the chief executive must comply with the directive made under section 102 .\n(sec.101-ssec.10) Procedural fairness is not required if the employee is entitled to normal remuneration during the suspension.\n- (a) the employee is liable to discipline under a disciplinary law; or\n- (b) the proper and efficient management of the entity might be prejudiced if the employee is not suspended.\n- (a) when the suspension starts and ends; and\n- (b) whether the employee is entitled to remuneration for the period of the suspension; and\n- (c) the effect that alternative employment may, under subsection (5) , have on any entitlement to remuneration for the period of the suspension.\n- • alternative duties\n- • a change in the location where the employee performs duties\n- • another alternative working arrangement\n- (a) the employee is suspended under subsection (1) (a) ; and\n- (b) the employee’s chief executive considers it is not appropriate for the employee to be entitled to normal remuneration for the period of the suspension, having regard to the nature of the discipline to which the chief executive believes the employee is liable.\n- (a) the employee was engaged in the employment at the time of the suspension; and\n- (b) the employee, in engaging in the employment, was not contravening— (i) this Act; or (ii) a standard of conduct applying to the employee under an approved code of conduct or approved standard of practice under the Public Sector Ethics Act 1994 .\n- (i) this Act; or\n- (ii) a standard of conduct applying to the employee under an approved code of conduct or approved standard of practice under the Public Sector Ethics Act 1994 .\n- (i) this Act; or\n- (ii) a standard of conduct applying to the employee under an approved code of conduct or approved standard of practice under the Public Sector Ethics Act 1994 .","sortOrder":134},{"sectionNumber":"sec.102","sectionType":"section","heading":"Directive about suspension","content":"### sec.102 Directive about suspension\n\nThe commissioner must make a directive about procedures relating to suspension from duty of public sector employees.\nThe directive must make provision for the following matters—\nthe periodic review by public sector entities or the commissioner of suspensions being considered or undertaken by a chief executive of a public sector entity, including, for example, the period within which reviews must be conducted to ensure the timely resolution of suspension matters;\nhow the requirements of procedural fairness may be met in relation to decisions about suspensions, including, for example, requirements about providing reasons for decisions about suspensions;\nthe circumstances in which a chief executive of a public sector entity may, under section 101 (4) (b) , decide a public sector employee is not entitled to normal remuneration for the period of the suspension of the employee;\nany other matter about procedures relating to suspension from duty of public sector employees the chief executive considers appropriate.\nThe directive may make provision for the circumstances, and the way, in which a person may be reimbursed after a decision is made about whether or not the employee is liable for discipline for any remuneration the person does not receive during the person’s suspension.\n(sec.102-ssec.1) The commissioner must make a directive about procedures relating to suspension from duty of public sector employees.\n(sec.102-ssec.2) The directive must make provision for the following matters— the periodic review by public sector entities or the commissioner of suspensions being considered or undertaken by a chief executive of a public sector entity, including, for example, the period within which reviews must be conducted to ensure the timely resolution of suspension matters; how the requirements of procedural fairness may be met in relation to decisions about suspensions, including, for example, requirements about providing reasons for decisions about suspensions; the circumstances in which a chief executive of a public sector entity may, under section 101 (4) (b) , decide a public sector employee is not entitled to normal remuneration for the period of the suspension of the employee; any other matter about procedures relating to suspension from duty of public sector employees the chief executive considers appropriate.\n(sec.102-ssec.3) The directive may make provision for the circumstances, and the way, in which a person may be reimbursed after a decision is made about whether or not the employee is liable for discipline for any remuneration the person does not receive during the person’s suspension.\n- (a) the periodic review by public sector entities or the commissioner of suspensions being considered or undertaken by a chief executive of a public sector entity, including, for example, the period within which reviews must be conducted to ensure the timely resolution of suspension matters;\n- (b) how the requirements of procedural fairness may be met in relation to decisions about suspensions, including, for example, requirements about providing reasons for decisions about suspensions;\n- (c) the circumstances in which a chief executive of a public sector entity may, under section 101 (4) (b) , decide a public sector employee is not entitled to normal remuneration for the period of the suspension of the employee;\n- (d) any other matter about procedures relating to suspension from duty of public sector employees the chief executive considers appropriate.","sortOrder":135},{"sectionNumber":"ch.3-pt.8-div.5","sectionType":"division","heading":"Mental or physical incapacity","content":"## Mental or physical incapacity","sortOrder":136},{"sectionNumber":"sec.103","sectionType":"section","heading":"Application of division","content":"### sec.103 Application of division\n\nThis division applies to a public sector employee if—\nthe employee is absent from duty or the employee’s chief executive is reasonably satisfied the employee is not performing the employee’s duties satisfactorily; and\nthe chief executive reasonably suspects that the employee’s absence or unsatisfactory performance is caused by mental or physical illness or disability.\n- (a) the employee is absent from duty or the employee’s chief executive is reasonably satisfied the employee is not performing the employee’s duties satisfactorily; and\n- (b) the chief executive reasonably suspects that the employee’s absence or unsatisfactory performance is caused by mental or physical illness or disability.","sortOrder":137},{"sectionNumber":"sec.104","sectionType":"section","heading":"Chief executive may require medical examination","content":"### sec.104 Chief executive may require medical examination\n\nThe employee’s chief executive may—\nappoint a doctor to examine the employee and give the chief executive a written report on the examination; and\nrequire the employee to submit to the medical examination.\n- (a) appoint a doctor to examine the employee and give the chief executive a written report on the examination; and\n- (b) require the employee to submit to the medical examination.","sortOrder":138},{"sectionNumber":"sec.105","sectionType":"section","heading":"Employee not to be given sick leave if requirement not complied with","content":"### sec.105 Employee not to be given sick leave if requirement not complied with\n\nThe employee must not be given sick leave for any period during which the employee fails to comply with a requirement under section 104 (b) .","sortOrder":139},{"sectionNumber":"sec.106","sectionType":"section","heading":"Medical examination report","content":"### sec.106 Medical examination report\n\nThe report on the medical examination must include the examining doctor’s opinion as to whether the employee has a mental or physical illness or disability that may adversely affect the employee’s performance.\nIf the doctor considers the employee has an illness or disability mentioned in subsection (1) , the report must also include the doctor’s opinion as to the following—\nthe likely direct or indirect effect of the illness or disability on the employee’s performance;\nan estimate of how long the illness or disability or its effects are likely to last;\nwhether or not disclosing the information in the report to the employee might be prejudicial to the employee’s mental or physical health or wellbeing.\nIf the doctor’s opinion is that the disclosure will not be prejudicial to the employee’s mental or physical health or wellbeing, the chief executive must give the employee a copy of the report as soon as practicable after receiving the report.\nIf the doctor’s opinion is that the disclosure might be prejudicial to the employee’s mental or physical health or wellbeing, the chief executive must not disclose the contents of the report to the employee.\nHowever, if asked by the employee in writing, the chief executive must make the disclosure to another doctor nominated by the employee in the request.\n(sec.106-ssec.1) The report on the medical examination must include the examining doctor’s opinion as to whether the employee has a mental or physical illness or disability that may adversely affect the employee’s performance.\n(sec.106-ssec.2) If the doctor considers the employee has an illness or disability mentioned in subsection (1) , the report must also include the doctor’s opinion as to the following— the likely direct or indirect effect of the illness or disability on the employee’s performance; an estimate of how long the illness or disability or its effects are likely to last; whether or not disclosing the information in the report to the employee might be prejudicial to the employee’s mental or physical health or wellbeing.\n(sec.106-ssec.3) If the doctor’s opinion is that the disclosure will not be prejudicial to the employee’s mental or physical health or wellbeing, the chief executive must give the employee a copy of the report as soon as practicable after receiving the report.\n(sec.106-ssec.4) If the doctor’s opinion is that the disclosure might be prejudicial to the employee’s mental or physical health or wellbeing, the chief executive must not disclose the contents of the report to the employee.\n(sec.106-ssec.5) However, if asked by the employee in writing, the chief executive must make the disclosure to another doctor nominated by the employee in the request.\n- (a) the likely direct or indirect effect of the illness or disability on the employee’s performance;\n- (b) an estimate of how long the illness or disability or its effects are likely to last;\n- (c) whether or not disclosing the information in the report to the employee might be prejudicial to the employee’s mental or physical health or wellbeing.","sortOrder":140},{"sectionNumber":"sec.107","sectionType":"section","heading":"Action following report","content":"### sec.107 Action following report\n\nIf, after considering the report of the medical examination, the chief executive is reasonably satisfied the employee’s absence or unsatisfactory performance is caused by mental or physical illness or disability, the chief executive may—\ntransfer or redeploy the employee; or\nif it is not reasonably practicable to transfer or redeploy the employee—\nfor a public service employee—retire the employee from the public service; or\nfor a public sector employee mentioned in section 12 (1) (b) —retire the employee from the employee’s employment.\nSubsection (1) does not limit the action that may be taken relating to the employee.\n(sec.107-ssec.1) If, after considering the report of the medical examination, the chief executive is reasonably satisfied the employee’s absence or unsatisfactory performance is caused by mental or physical illness or disability, the chief executive may— transfer or redeploy the employee; or if it is not reasonably practicable to transfer or redeploy the employee— for a public service employee—retire the employee from the public service; or for a public sector employee mentioned in section 12 (1) (b) —retire the employee from the employee’s employment.\n(sec.107-ssec.2) Subsection (1) does not limit the action that may be taken relating to the employee.\n- (a) transfer or redeploy the employee; or\n- (b) if it is not reasonably practicable to transfer or redeploy the employee— (i) for a public service employee—retire the employee from the public service; or (ii) for a public sector employee mentioned in section 12 (1) (b) —retire the employee from the employee’s employment.\n- (i) for a public service employee—retire the employee from the public service; or\n- (ii) for a public sector employee mentioned in section 12 (1) (b) —retire the employee from the employee’s employment.\n- (i) for a public service employee—retire the employee from the public service; or\n- (ii) for a public sector employee mentioned in section 12 (1) (b) —retire the employee from the employee’s employment.","sortOrder":141},{"sectionNumber":"sec.108","sectionType":"section","heading":"Record of requirement and report","content":"### sec.108 Record of requirement and report\n\nThe chief executive must keep a record of—\nthe requirement to submit to a medical examination; and\nthe report on the medical examination.\nIf the chief executive considers it necessary to protect the employee’s interests, the chief executive may keep the record separate from other records about the employee.\n(sec.108-ssec.1) The chief executive must keep a record of— the requirement to submit to a medical examination; and the report on the medical examination.\n(sec.108-ssec.2) If the chief executive considers it necessary to protect the employee’s interests, the chief executive may keep the record separate from other records about the employee.\n- (a) the requirement to submit to a medical examination; and\n- (b) the report on the medical examination.","sortOrder":142},{"sectionNumber":"sec.109","sectionType":"section","heading":"Directive about mental or physical incapacity","content":"### sec.109 Directive about mental or physical incapacity\n\nThe commissioner may make a directive providing for matters relevant to the way in which this division is to be applied in relation to public sector employees.\nThe chief executive of a public sector entity exercising a power or performing a function under this division must comply with the directive.\n(sec.109-ssec.1) The commissioner may make a directive providing for matters relevant to the way in which this division is to be applied in relation to public sector employees.\n(sec.109-ssec.2) The chief executive of a public sector entity exercising a power or performing a function under this division must comply with the directive.","sortOrder":143},{"sectionNumber":"ch.3-pt.8-div.6","sectionType":"division","heading":"Employee grievances","content":"## Employee grievances","sortOrder":144},{"sectionNumber":"sec.110","sectionType":"section","heading":"Directive about employee grievances","content":"### sec.110 Directive about employee grievances\n\nThe commissioner must make a directive about how public sector entities must deal with grievances of employees of the entity about—\ndecisions made by employees of the entity; or\nthe conduct of employees of the entity.\nWithout limiting subsection (1) , the directive—\nmust provide for—\nthe procedures for dealing with grievances mentioned in subsection (1) ; and\nthe period within which the grievances must be finally dealt with; and\nthe notification of decisions made in dealing with the grievances; and\nmust provide that, if a person required to deal with a grievance about a decision mentioned in subsection (1) (a) fails to finally deal with the grievance within the period mentioned in paragraph (a) (ii) , the person is taken to have confirmed the decision at the end of that period; and\nmay apply to a decision mentioned in section 131 ; and\nmay provide for a system for dealing with grievances that involves—\na person dealing with a grievance in the first instance; and\nanother person dealing with decisions made by a person mentioned in subparagraph (i) , including, for example, by way of review.\n(sec.110-ssec.1) The commissioner must make a directive about how public sector entities must deal with grievances of employees of the entity about— decisions made by employees of the entity; or the conduct of employees of the entity.\n(sec.110-ssec.2) Without limiting subsection (1) , the directive— must provide for— the procedures for dealing with grievances mentioned in subsection (1) ; and the period within which the grievances must be finally dealt with; and the notification of decisions made in dealing with the grievances; and must provide that, if a person required to deal with a grievance about a decision mentioned in subsection (1) (a) fails to finally deal with the grievance within the period mentioned in paragraph (a) (ii) , the person is taken to have confirmed the decision at the end of that period; and may apply to a decision mentioned in section 131 ; and may provide for a system for dealing with grievances that involves— a person dealing with a grievance in the first instance; and another person dealing with decisions made by a person mentioned in subparagraph (i) , including, for example, by way of review.\n- (a) decisions made by employees of the entity; or\n- (b) the conduct of employees of the entity.\n- (a) must provide for— (i) the procedures for dealing with grievances mentioned in subsection (1) ; and (ii) the period within which the grievances must be finally dealt with; and (iii) the notification of decisions made in dealing with the grievances; and\n- (i) the procedures for dealing with grievances mentioned in subsection (1) ; and\n- (ii) the period within which the grievances must be finally dealt with; and\n- (iii) the notification of decisions made in dealing with the grievances; and\n- (b) must provide that, if a person required to deal with a grievance about a decision mentioned in subsection (1) (a) fails to finally deal with the grievance within the period mentioned in paragraph (a) (ii) , the person is taken to have confirmed the decision at the end of that period; and\n- (c) may apply to a decision mentioned in section 131 ; and\n- (d) may provide for a system for dealing with grievances that involves— (i) a person dealing with a grievance in the first instance; and (ii) another person dealing with decisions made by a person mentioned in subparagraph (i) , including, for example, by way of review.\n- (i) a person dealing with a grievance in the first instance; and\n- (ii) another person dealing with decisions made by a person mentioned in subparagraph (i) , including, for example, by way of review.\n- (i) the procedures for dealing with grievances mentioned in subsection (1) ; and\n- (ii) the period within which the grievances must be finally dealt with; and\n- (iii) the notification of decisions made in dealing with the grievances; and\n- (i) a person dealing with a grievance in the first instance; and\n- (ii) another person dealing with decisions made by a person mentioned in subparagraph (i) , including, for example, by way of review.","sortOrder":145},{"sectionNumber":"ch.3-pt.9","sectionType":"part","heading":"Reviews","content":"# Reviews","sortOrder":146},{"sectionNumber":"ch.3-pt.9-div.1","sectionType":"division","heading":"Review of non-permanent employment","content":"## Review of non-permanent employment","sortOrder":147},{"sectionNumber":"sec.111","sectionType":"section","heading":"Definition for division","content":"### sec.111 Definition for division\n\nIn this division—\ncontinuously employed , in relation to a person employed for a period in a public sector entity, means the person is employed in the entity—\nif the person is employed on a non-permanent basis other than a casual basis during the period—continuously for the period; or\nif the person is employed on a non-permanent basis that is a casual basis during the period—on a regular and systematic basis during the period; or\nif the person is employed on a non-permanent basis other than a casual basis, and on a casual basis, during the period—continuously under paragraphs (a) and (b) for the period.\n- (a) if the person is employed on a non-permanent basis other than a casual basis during the period—continuously for the period; or\n- (b) if the person is employed on a non-permanent basis that is a casual basis during the period—on a regular and systematic basis during the period; or\n- (c) if the person is employed on a non-permanent basis other than a casual basis, and on a casual basis, during the period—continuously under paragraphs (a) and (b) for the period.","sortOrder":148},{"sectionNumber":"sec.112","sectionType":"section","heading":"Application of division","content":"### sec.112 Application of division\n\nThis division applies to the following public sector employees—\na public service employee employed on a non-permanent basis under section 149 (2) (b) or (c) , 150 (1) (a) or 151 (1) (a) ; or\na public sector employee mentioned in section 12 (1) (b) employed on a non-permanent basis.\nHowever, this division does not apply to—\na non-industrial instrument employee; or\nan auxiliary fire service officer employed under the Fire Services Act 1990 , section 25 .\nAlso, if the chief executive of a public sector employee mentioned in subsection (1) (b) is permitted or required to offer to convert the employee’s employment to a permanent basis under this division, despite anything in another Act, the employee may be employed on a permanent basis.\ns 112 amd 2024 No. 22 s 92 sch 1\n(sec.112-ssec.1) This division applies to the following public sector employees— a public service employee employed on a non-permanent basis under section 149 (2) (b) or (c) , 150 (1) (a) or 151 (1) (a) ; or a public sector employee mentioned in section 12 (1) (b) employed on a non-permanent basis.\n(sec.112-ssec.2) However, this division does not apply to— a non-industrial instrument employee; or an auxiliary fire service officer employed under the Fire Services Act 1990 , section 25 .\n(sec.112-ssec.3) Also, if the chief executive of a public sector employee mentioned in subsection (1) (b) is permitted or required to offer to convert the employee’s employment to a permanent basis under this division, despite anything in another Act, the employee may be employed on a permanent basis.\n- (a) a public service employee employed on a non-permanent basis under section 149 (2) (b) or (c) , 150 (1) (a) or 151 (1) (a) ; or\n- (b) a public sector employee mentioned in section 12 (1) (b) employed on a non-permanent basis.\n- (a) a non-industrial instrument employee; or\n- (b) an auxiliary fire service officer employed under the Fire Services Act 1990 , section 25 .","sortOrder":149},{"sectionNumber":"sec.113","sectionType":"section","heading":"Employee may request review of status after 1 year of continuous employment","content":"### sec.113 Employee may request review of status after 1 year of continuous employment\n\nA public sector employee who has been continuously employed on a non-permanent basis in the same public sector entity for at least 1 year, may ask the employee’s chief executive to decide whether to—\ncontinue the employee’s employment according to the terms of the employee’s existing employment; or\noffer to convert the employee’s employment to a permanent basis.\nThe employee can not make more than 1 request under subsection (1) in each 12 month period starting on the day the request is made.\nFor working out how long the employee has been continuously employed in the public sector entity—\nall periods of authorised leave are to be included; and\nthe employee is to be regarded as continuously employed even if there are periods during which the employee is not employed in the entity, if the periods of non-employment in the entity total 6 weeks or less in the year occurring immediately before the time when the duration of the employee’s continuous employment is being worked out.\n(sec.113-ssec.1) A public sector employee who has been continuously employed on a non-permanent basis in the same public sector entity for at least 1 year, may ask the employee’s chief executive to decide whether to— continue the employee’s employment according to the terms of the employee’s existing employment; or offer to convert the employee’s employment to a permanent basis.\n(sec.113-ssec.2) The employee can not make more than 1 request under subsection (1) in each 12 month period starting on the day the request is made.\n(sec.113-ssec.3) For working out how long the employee has been continuously employed in the public sector entity— all periods of authorised leave are to be included; and the employee is to be regarded as continuously employed even if there are periods during which the employee is not employed in the entity, if the periods of non-employment in the entity total 6 weeks or less in the year occurring immediately before the time when the duration of the employee’s continuous employment is being worked out.\n- (a) continue the employee’s employment according to the terms of the employee’s existing employment; or\n- (b) offer to convert the employee’s employment to a permanent basis.\n- (a) all periods of authorised leave are to be included; and\n- (b) the employee is to be regarded as continuously employed even if there are periods during which the employee is not employed in the entity, if the periods of non-employment in the entity total 6 weeks or less in the year occurring immediately before the time when the duration of the employee’s continuous employment is being worked out.","sortOrder":150},{"sectionNumber":"sec.114","sectionType":"section","heading":"Chief executive must make decision on employee’s request","content":"### sec.114 Chief executive must make decision on employee’s request\n\nThis section applies if a public sector employee makes a request under section 113 .\nThe employee’s chief executive must decide the request within 28 days after receiving the request.\nThe employee’s chief executive may decide to offer to convert the employee’s employment to a permanent basis only if—\nthe employee’s chief executive considers—\nthere is a continuing need for someone to be employed in the employee’s role, or a role that is substantially the same as the employee’s role; and\nthe employee is suitable to perform the role; and\nany requirements of an industrial instrument are complied with in relation to the decision.\nIf the matters in subsection (3) are satisfied, the employee’s chief executive must decide to offer to convert the employee’s employment to a permanent basis, unless it is not viable or appropriate to do so having regard to the genuine operational requirements of the public sector entity.\nIf the employee’s chief executive decides not to offer to convert the employee’s employment to a permanent basis, the chief executive must give the employee a notice stating—\nthe reasons for the decision; and\nthe total period for which the employee has been continuously employed under section 113 (3) in the public sector entity; and\nhow many times the employee’s employment on a non-permanent basis has been extended.\nSubsection (5) (c) does not apply in relation to employment on a casual basis.\nIf the employee’s chief executive does not make the decision within the period required under subsection (2) , the chief executive is taken to have decided not to offer to convert the employee’s employment to a permanent basis and to continue the employee’s employment according to the terms of the employee’s existing employment.\nThe commissioner must make a directive about the making of a decision under this section.\nIn this section—\nsuitable , in relation to an employee performing a role, has the meaning given under a directive.\n(sec.114-ssec.1) This section applies if a public sector employee makes a request under section 113 .\n(sec.114-ssec.2) The employee’s chief executive must decide the request within 28 days after receiving the request.\n(sec.114-ssec.3) The employee’s chief executive may decide to offer to convert the employee’s employment to a permanent basis only if— the employee’s chief executive considers— there is a continuing need for someone to be employed in the employee’s role, or a role that is substantially the same as the employee’s role; and the employee is suitable to perform the role; and any requirements of an industrial instrument are complied with in relation to the decision.\n(sec.114-ssec.4) If the matters in subsection (3) are satisfied, the employee’s chief executive must decide to offer to convert the employee’s employment to a permanent basis, unless it is not viable or appropriate to do so having regard to the genuine operational requirements of the public sector entity.\n(sec.114-ssec.5) If the employee’s chief executive decides not to offer to convert the employee’s employment to a permanent basis, the chief executive must give the employee a notice stating— the reasons for the decision; and the total period for which the employee has been continuously employed under section 113 (3) in the public sector entity; and how many times the employee’s employment on a non-permanent basis has been extended.\n(sec.114-ssec.6) Subsection (5) (c) does not apply in relation to employment on a casual basis.\n(sec.114-ssec.7) If the employee’s chief executive does not make the decision within the period required under subsection (2) , the chief executive is taken to have decided not to offer to convert the employee’s employment to a permanent basis and to continue the employee’s employment according to the terms of the employee’s existing employment.\n(sec.114-ssec.8) The commissioner must make a directive about the making of a decision under this section.\n(sec.114-ssec.9) In this section— suitable , in relation to an employee performing a role, has the meaning given under a directive.\n- (a) the employee’s chief executive considers— (i) there is a continuing need for someone to be employed in the employee’s role, or a role that is substantially the same as the employee’s role; and (ii) the employee is suitable to perform the role; and\n- (i) there is a continuing need for someone to be employed in the employee’s role, or a role that is substantially the same as the employee’s role; and\n- (ii) the employee is suitable to perform the role; and\n- (b) any requirements of an industrial instrument are complied with in relation to the decision.\n- (i) there is a continuing need for someone to be employed in the employee’s role, or a role that is substantially the same as the employee’s role; and\n- (ii) the employee is suitable to perform the role; and\n- (a) the reasons for the decision; and\n- (b) the total period for which the employee has been continuously employed under section 113 (3) in the public sector entity; and\n- (c) how many times the employee’s employment on a non-permanent basis has been extended.","sortOrder":151},{"sectionNumber":"sec.115","sectionType":"section","heading":"Chief executive must review status after 2 years of continuous employment","content":"### sec.115 Chief executive must review status after 2 years of continuous employment\n\nIf a public sector employee mentioned in section 112 (1) has been continuously employed in the same public sector entity for at least 2 years, the employee’s chief executive must decide whether to—\ncontinue the employee’s employment according to the terms of the employee’s existing employment; or\noffer to convert the employee’s employment to a permanent basis.\nThe employee’s chief executive must make the decision within the required period after—\nthe end of 2 years after the employee has been continuously employed on a non-permanent basis in the public sector entity; and\neach 1-year period after the end of the period mentioned in paragraph (a) during which the employee is continuously employed on a non-permanent basis in the public sector entity.\nIn making the decision—\nsection 114 (3) and (4) applies to the employee’s chief executive; and\nthe employee’s chief executive must have regard to the reasons for each decision previously made, or taken to have been made, under this section or section 114 in relation to the employee during the employee’s period of continuous employment.\nIf the employee’s chief executive decides not to offer to convert the employee’s employment to a permanent basis, the chief executive must give the employee a notice stating—\nthe reasons for the decision; and\nthe total period for which the employee has been continuously employed on a temporary basis for a fixed term or on a casual basis in the public sector entity; and\nhow many times the employee’s employment on a non-permanent basis has been extended; and\neach decision previously made, or taken to have been made, under this section or section 114 in relation to the employee during the employee’s period of continuous employment.\nSubsection (4) (c) does not apply in relation to employment on a casual basis.\nIf the employee’s chief executive does not make the decision within the required period, the chief executive is taken to have decided not to offer to convert the employee’s employment to a permanent basis and to continue the employee’s employment according to the terms of the employee’s existing employment.\nFor working out how long the employee has been continuously employed in the public sector entity—\nall periods of authorised leave are to be included; and\nthe employee is to be regarded as continuously employed even if there are periods during which the employee is not employed in the entity, if the periods of non-employment in the entity total 12 weeks or less in the 2 years occurring immediately before the time when the duration of the person’s continuous employment is being worked out.\nThe commissioner must make a directive about the making of a decision under this section.\nThe directive must provide for—\nthe matters a chief executive must consider in deciding the hours of work to be offered in converting a person’s employment under subsection (1) (b) ; and\nthe circumstances in which a person may appeal against the decision about the hours of work offered in converting the person’s employment under subsection (1) (b) .\nThis section does not limit or otherwise affect section 113 .\nIn this section—\nrequired period , for making a decision under subsection (1) , means—\nthe period stated in an industrial instrument within which the decision must be made; or\nif paragraph (a) does not apply—28 days after the end of the period mentioned in subsection (2) (a) or (b) .\n(sec.115-ssec.1) If a public sector employee mentioned in section 112 (1) has been continuously employed in the same public sector entity for at least 2 years, the employee’s chief executive must decide whether to— continue the employee’s employment according to the terms of the employee’s existing employment; or offer to convert the employee’s employment to a permanent basis.\n(sec.115-ssec.2) The employee’s chief executive must make the decision within the required period after— the end of 2 years after the employee has been continuously employed on a non-permanent basis in the public sector entity; and each 1-year period after the end of the period mentioned in paragraph (a) during which the employee is continuously employed on a non-permanent basis in the public sector entity.\n(sec.115-ssec.3) In making the decision— section 114 (3) and (4) applies to the employee’s chief executive; and the employee’s chief executive must have regard to the reasons for each decision previously made, or taken to have been made, under this section or section 114 in relation to the employee during the employee’s period of continuous employment.\n(sec.115-ssec.4) If the employee’s chief executive decides not to offer to convert the employee’s employment to a permanent basis, the chief executive must give the employee a notice stating— the reasons for the decision; and the total period for which the employee has been continuously employed on a temporary basis for a fixed term or on a casual basis in the public sector entity; and how many times the employee’s employment on a non-permanent basis has been extended; and each decision previously made, or taken to have been made, under this section or section 114 in relation to the employee during the employee’s period of continuous employment.\n(sec.115-ssec.5) Subsection (4) (c) does not apply in relation to employment on a casual basis.\n(sec.115-ssec.6) If the employee’s chief executive does not make the decision within the required period, the chief executive is taken to have decided not to offer to convert the employee’s employment to a permanent basis and to continue the employee’s employment according to the terms of the employee’s existing employment.\n(sec.115-ssec.7) For working out how long the employee has been continuously employed in the public sector entity— all periods of authorised leave are to be included; and the employee is to be regarded as continuously employed even if there are periods during which the employee is not employed in the entity, if the periods of non-employment in the entity total 12 weeks or less in the 2 years occurring immediately before the time when the duration of the person’s continuous employment is being worked out.\n(sec.115-ssec.8) The commissioner must make a directive about the making of a decision under this section.\n(sec.115-ssec.9) The directive must provide for— the matters a chief executive must consider in deciding the hours of work to be offered in converting a person’s employment under subsection (1) (b) ; and the circumstances in which a person may appeal against the decision about the hours of work offered in converting the person’s employment under subsection (1) (b) .\n(sec.115-ssec.10) This section does not limit or otherwise affect section 113 .\n(sec.115-ssec.11) In this section— required period , for making a decision under subsection (1) , means— the period stated in an industrial instrument within which the decision must be made; or if paragraph (a) does not apply—28 days after the end of the period mentioned in subsection (2) (a) or (b) .\n- (a) continue the employee’s employment according to the terms of the employee’s existing employment; or\n- (b) offer to convert the employee’s employment to a permanent basis.\n- (a) the end of 2 years after the employee has been continuously employed on a non-permanent basis in the public sector entity; and\n- (b) each 1-year period after the end of the period mentioned in paragraph (a) during which the employee is continuously employed on a non-permanent basis in the public sector entity.\n- (a) section 114 (3) and (4) applies to the employee’s chief executive; and\n- (b) the employee’s chief executive must have regard to the reasons for each decision previously made, or taken to have been made, under this section or section 114 in relation to the employee during the employee’s period of continuous employment.\n- (a) the reasons for the decision; and\n- (b) the total period for which the employee has been continuously employed on a temporary basis for a fixed term or on a casual basis in the public sector entity; and\n- (c) how many times the employee’s employment on a non-permanent basis has been extended; and\n- (d) each decision previously made, or taken to have been made, under this section or section 114 in relation to the employee during the employee’s period of continuous employment.\n- (a) all periods of authorised leave are to be included; and\n- (b) the employee is to be regarded as continuously employed even if there are periods during which the employee is not employed in the entity, if the periods of non-employment in the entity total 12 weeks or less in the 2 years occurring immediately before the time when the duration of the person’s continuous employment is being worked out.\n- (a) the matters a chief executive must consider in deciding the hours of work to be offered in converting a person’s employment under subsection (1) (b) ; and\n- (b) the circumstances in which a person may appeal against the decision about the hours of work offered in converting the person’s employment under subsection (1) (b) .\n- (a) the period stated in an industrial instrument within which the decision must be made; or\n- (b) if paragraph (a) does not apply—28 days after the end of the period mentioned in subsection (2) (a) or (b) .","sortOrder":152},{"sectionNumber":"sec.116","sectionType":"section","heading":"Employee’s right to make additional request for review","content":"### sec.116 Employee’s right to make additional request for review\n\nThis section applies in relation to a public sector employee mentioned in section 113 (1) if—\nboth of the following apply—\nthe employee’s chief executive has decided under section 114 or 115 not to offer to convert the employee’s employment to a permanent basis because the chief executive considered the employee was not suitable to perform the role;\nthe employee considers the employee may have become suitable to perform the role; or\nboth of the following apply—\nthe employee’s chief executive is taken to have made a decision under section 114 (7) or 115 (6) not to offer to convert the employee’s employment to a permanent basis;\nthe employee has not appealed against the decision under section 130 .\nThe public sector employee may ask the employee’s chief executive to decide whether to—\ncontinue the employee’s employment according to the terms of the employee’s existing employment; or\noffer to convert the employee’s employment to a permanent basis.\nThe public sector employee must make the request—\nfor subsection (1) (a) —within 3 months after the employee considers the employee may have become suitable to perform the role; or\nfor subsection (1) (b) —within 3 months after the chief executive is taken to have made the decision mentioned in subsection (1) (b) (i) .\nThe employee’s chief executive must decide the request within 28 days after receiving the request.\nIn making the decision—\nif the decision relates to a request arising from a decision under section 114 — section 114 (3) , (4) , (5) and (6) applies to the employee’s chief executive; and\nif the decision relates to a request arising from a decision under section 115 — section 115 (3) , (4) and (5) applies to the employee’s chief executive.\nIf the employee’s chief executive does not make the decision within the period required under subsection (4) , the chief executive is taken to have decided not to offer to convert the employee’s employment to a permanent basis and to continue the employee’s employment according to the terms of the employee’s existing employment.\nThe employee may make only 1 request under this section in relation to each separate decision made, or taken to have been made, under section 114 or 115 .\nThe commissioner must make a directive about the making of a decision under this section.\n(sec.116-ssec.1) This section applies in relation to a public sector employee mentioned in section 113 (1) if— both of the following apply— the employee’s chief executive has decided under section 114 or 115 not to offer to convert the employee’s employment to a permanent basis because the chief executive considered the employee was not suitable to perform the role; the employee considers the employee may have become suitable to perform the role; or both of the following apply— the employee’s chief executive is taken to have made a decision under section 114 (7) or 115 (6) not to offer to convert the employee’s employment to a permanent basis; the employee has not appealed against the decision under section 130 .\n(sec.116-ssec.2) The public sector employee may ask the employee’s chief executive to decide whether to— continue the employee’s employment according to the terms of the employee’s existing employment; or offer to convert the employee’s employment to a permanent basis.\n(sec.116-ssec.3) The public sector employee must make the request— for subsection (1) (a) —within 3 months after the employee considers the employee may have become suitable to perform the role; or for subsection (1) (b) —within 3 months after the chief executive is taken to have made the decision mentioned in subsection (1) (b) (i) .\n(sec.116-ssec.4) The employee’s chief executive must decide the request within 28 days after receiving the request.\n(sec.116-ssec.5) In making the decision— if the decision relates to a request arising from a decision under section 114 — section 114 (3) , (4) , (5) and (6) applies to the employee’s chief executive; and if the decision relates to a request arising from a decision under section 115 — section 115 (3) , (4) and (5) applies to the employee’s chief executive.\n(sec.116-ssec.6) If the employee’s chief executive does not make the decision within the period required under subsection (4) , the chief executive is taken to have decided not to offer to convert the employee’s employment to a permanent basis and to continue the employee’s employment according to the terms of the employee’s existing employment.\n(sec.116-ssec.7) The employee may make only 1 request under this section in relation to each separate decision made, or taken to have been made, under section 114 or 115 .\n(sec.116-ssec.8) The commissioner must make a directive about the making of a decision under this section.\n- (a) both of the following apply— (i) the employee’s chief executive has decided under section 114 or 115 not to offer to convert the employee’s employment to a permanent basis because the chief executive considered the employee was not suitable to perform the role; (ii) the employee considers the employee may have become suitable to perform the role; or\n- (i) the employee’s chief executive has decided under section 114 or 115 not to offer to convert the employee’s employment to a permanent basis because the chief executive considered the employee was not suitable to perform the role;\n- (ii) the employee considers the employee may have become suitable to perform the role; or\n- (b) both of the following apply— (i) the employee’s chief executive is taken to have made a decision under section 114 (7) or 115 (6) not to offer to convert the employee’s employment to a permanent basis; (ii) the employee has not appealed against the decision under section 130 .\n- (i) the employee’s chief executive is taken to have made a decision under section 114 (7) or 115 (6) not to offer to convert the employee’s employment to a permanent basis;\n- (ii) the employee has not appealed against the decision under section 130 .\n- (i) the employee’s chief executive has decided under section 114 or 115 not to offer to convert the employee’s employment to a permanent basis because the chief executive considered the employee was not suitable to perform the role;\n- (ii) the employee considers the employee may have become suitable to perform the role; or\n- (i) the employee’s chief executive is taken to have made a decision under section 114 (7) or 115 (6) not to offer to convert the employee’s employment to a permanent basis;\n- (ii) the employee has not appealed against the decision under section 130 .\n- (a) continue the employee’s employment according to the terms of the employee’s existing employment; or\n- (b) offer to convert the employee’s employment to a permanent basis.\n- (a) for subsection (1) (a) —within 3 months after the employee considers the employee may have become suitable to perform the role; or\n- (b) for subsection (1) (b) —within 3 months after the chief executive is taken to have made the decision mentioned in subsection (1) (b) (i) .\n- (a) if the decision relates to a request arising from a decision under section 114 — section 114 (3) , (4) , (5) and (6) applies to the employee’s chief executive; and\n- (b) if the decision relates to a request arising from a decision under section 115 — section 115 (3) , (4) and (5) applies to the employee’s chief executive.","sortOrder":153},{"sectionNumber":"sec.117","sectionType":"section","heading":"Chief executive’s discretion to conduct additional review","content":"### sec.117 Chief executive’s discretion to conduct additional review\n\nThis section applies in relation to a public sector employee mentioned in section 115 (1) if the employee’s chief executive—\nhas made a decision under section 115 (2) not to offer to convert the employee’s employment to a permanent basis; and\nconsiders the circumstances justify the making of another decision mentioned in section 115 (1) before the start of the next 1-year period mentioned in section 115 (2) (b) .\nThe employee’s chief executive must decide whether to—\ncontinue the employee’s employment according to the terms of the employee’s existing employment; or\noffer to convert the employee’s employment to a permanent basis.\nThe employee’s chief executive must make the decision within 28 days after forming the opinion mentioned in subsection (1) (b) .\nIn making the decision, section 115 (3) , (4) , (5) , and (7) applies to the employee’s chief executive.\nIf the employee’s chief executive does not make the decision within the period required under subsection (3) , the chief executive is taken to have decided not to offer to convert the employee’s employment to a permanent basis and to continue the employee’s employment according to the terms of the employee’s existing employment.\n(sec.117-ssec.1) This section applies in relation to a public sector employee mentioned in section 115 (1) if the employee’s chief executive— has made a decision under section 115 (2) not to offer to convert the employee’s employment to a permanent basis; and considers the circumstances justify the making of another decision mentioned in section 115 (1) before the start of the next 1-year period mentioned in section 115 (2) (b) .\n(sec.117-ssec.2) The employee’s chief executive must decide whether to— continue the employee’s employment according to the terms of the employee’s existing employment; or offer to convert the employee’s employment to a permanent basis.\n(sec.117-ssec.3) The employee’s chief executive must make the decision within 28 days after forming the opinion mentioned in subsection (1) (b) .\n(sec.117-ssec.4) In making the decision, section 115 (3) , (4) , (5) , and (7) applies to the employee’s chief executive.\n(sec.117-ssec.5) If the employee’s chief executive does not make the decision within the period required under subsection (3) , the chief executive is taken to have decided not to offer to convert the employee’s employment to a permanent basis and to continue the employee’s employment according to the terms of the employee’s existing employment.\n- (a) has made a decision under section 115 (2) not to offer to convert the employee’s employment to a permanent basis; and\n- (b) considers the circumstances justify the making of another decision mentioned in section 115 (1) before the start of the next 1-year period mentioned in section 115 (2) (b) .\n- (a) continue the employee’s employment according to the terms of the employee’s existing employment; or\n- (b) offer to convert the employee’s employment to a permanent basis.","sortOrder":154},{"sectionNumber":"ch.3-pt.9-div.2","sectionType":"division","heading":"Review of acting or secondment at higher classification level","content":"## Review of acting or secondment at higher classification level","sortOrder":155},{"sectionNumber":"sec.118","sectionType":"section","heading":"Definition for division","content":"### sec.118 Definition for division\n\nIn this division—\nsecond , a public sector employee, means second under section 160 or another Act.","sortOrder":156},{"sectionNumber":"sec.119","sectionType":"section","heading":"Application of division","content":"### sec.119 Application of division\n\nThis division applies to a public sector employee who is acting at, or seconded to, a higher classification level in the public sector entity in which the employee is employed.\nHowever, this division does not apply to—\na public sector employee employed on a casual basis; or\nFor a public service employee, see sections 149 (2) (c) and 151 .\na non-industrial instrument employee; or\nan employee who is acting in, or seconded to, a position that is ordinarily held by a non-industrial instrument employee.\n(sec.119-ssec.1) This division applies to a public sector employee who is acting at, or seconded to, a higher classification level in the public sector entity in which the employee is employed.\n(sec.119-ssec.2) However, this division does not apply to— a public sector employee employed on a casual basis; or For a public service employee, see sections 149 (2) (c) and 151 . a non-industrial instrument employee; or an employee who is acting in, or seconded to, a position that is ordinarily held by a non-industrial instrument employee.\n- (a) a public sector employee employed on a casual basis; or Note— For a public service employee, see sections 149 (2) (c) and 151 .\n- (b) a non-industrial instrument employee; or\n- (c) an employee who is acting in, or seconded to, a position that is ordinarily held by a non-industrial instrument employee.","sortOrder":157},{"sectionNumber":"sec.120","sectionType":"section","heading":"Employee may request employment at higher classification level after 1 year of continuous acting or secondment","content":"### sec.120 Employee may request employment at higher classification level after 1 year of continuous acting or secondment\n\nIf the public sector employee has been acting at, or seconded to, a higher classification level for a continuous period of at least 1 year, the employee may ask the employee’s chief executive to employ the employee in the position at the higher classification level on a permanent basis, after—\nthe end of 1 year of acting at, or being seconded to, the higher classification level; and\nthe end of each subsequent 1-year period.\nThe employee’s chief executive must decide the request within the required period.\nThe employee’s chief executive may decide to employ the employee in the position at the higher classification level on a permanent basis only if the chief executive considers the employee is suitable to perform the role.\nIn making the decision, the employee’s chief executive must have regard to—\nthe genuine operational requirements of the public sector entity; and\nthe reasons for each decision previously made, or taken to have been made, under this section in relation to the person during the person’s continuous period of acting at, or secondment to, the higher classification level.\nIf the employee’s chief executive decides to refuse the request, the chief executive must give the employee a notice stating—\nthe reasons for the decision; and\nthe total continuous period for which the employee has been acting at, or seconded to, the higher classification level in the public sector entity; and\nhow many times the employee’s acting arrangement or secondment has been extended; and\neach decision previously made, or taken to have been made, under this section in relation to the employee during the employee’s continuous period of acting at, or secondment to, the higher classification level.\nIf the employee’s chief executive does not make the decision within the required period, the chief executive is taken to have refused the request.\nThe commissioner must make a directive about employing an employee at a higher classification level under this section.\nIn this section—\ncontinuous period , in relation to an employee acting at, or seconded to, a higher classification level, has the meaning given under a directive.\nrequired period , for making a decision under subsection (2) , means—\nthe period stated in an industrial instrument within which the decision must be made; or\nif paragraph (a) does not apply—28 days after the request is made.\nsuitable , in relation to an employee performing a role, has the meaning given under a directive.\n(sec.120-ssec.1) If the public sector employee has been acting at, or seconded to, a higher classification level for a continuous period of at least 1 year, the employee may ask the employee’s chief executive to employ the employee in the position at the higher classification level on a permanent basis, after— the end of 1 year of acting at, or being seconded to, the higher classification level; and the end of each subsequent 1-year period.\n(sec.120-ssec.2) The employee’s chief executive must decide the request within the required period.\n(sec.120-ssec.3) The employee’s chief executive may decide to employ the employee in the position at the higher classification level on a permanent basis only if the chief executive considers the employee is suitable to perform the role.\n(sec.120-ssec.4) In making the decision, the employee’s chief executive must have regard to— the genuine operational requirements of the public sector entity; and the reasons for each decision previously made, or taken to have been made, under this section in relation to the person during the person’s continuous period of acting at, or secondment to, the higher classification level.\n(sec.120-ssec.5) If the employee’s chief executive decides to refuse the request, the chief executive must give the employee a notice stating— the reasons for the decision; and the total continuous period for which the employee has been acting at, or seconded to, the higher classification level in the public sector entity; and how many times the employee’s acting arrangement or secondment has been extended; and each decision previously made, or taken to have been made, under this section in relation to the employee during the employee’s continuous period of acting at, or secondment to, the higher classification level.\n(sec.120-ssec.6) If the employee’s chief executive does not make the decision within the required period, the chief executive is taken to have refused the request.\n(sec.120-ssec.7) The commissioner must make a directive about employing an employee at a higher classification level under this section.\n(sec.120-ssec.8) In this section— continuous period , in relation to an employee acting at, or seconded to, a higher classification level, has the meaning given under a directive. required period , for making a decision under subsection (2) , means— the period stated in an industrial instrument within which the decision must be made; or if paragraph (a) does not apply—28 days after the request is made. suitable , in relation to an employee performing a role, has the meaning given under a directive.\n- (a) the end of 1 year of acting at, or being seconded to, the higher classification level; and\n- (b) the end of each subsequent 1-year period.\n- (a) the genuine operational requirements of the public sector entity; and\n- (b) the reasons for each decision previously made, or taken to have been made, under this section in relation to the person during the person’s continuous period of acting at, or secondment to, the higher classification level.\n- (a) the reasons for the decision; and\n- (b) the total continuous period for which the employee has been acting at, or seconded to, the higher classification level in the public sector entity; and\n- (c) how many times the employee’s acting arrangement or secondment has been extended; and\n- (d) each decision previously made, or taken to have been made, under this section in relation to the employee during the employee’s continuous period of acting at, or secondment to, the higher classification level.\n- (a) the period stated in an industrial instrument within which the decision must be made; or\n- (b) if paragraph (a) does not apply—28 days after the request is made.","sortOrder":158},{"sectionNumber":"sec.121","sectionType":"section","heading":"Employee’s right to make additional request for review","content":"### sec.121 Employee’s right to make additional request for review\n\nThis section applies in relation to a public sector employee mentioned in section 120 (1) if—\nboth of the following apply—\nthe employee’s chief executive has decided under section 120 not to employ the employee in the position at the higher classification level on a permanent basis because the chief executive considered the employee was not suitable to perform the role;\nthe employee considers the employee may have become suitable to perform the role; or\nboth of the following apply—\nthe employee’s chief executive is taken, under section 120 (6) , to have refused the employee’s request to be employed in the position at the higher classification level on a permanent basis;\nthe employee has not appealed against the decision under section 130 ; or\nthe position in which the employee is acting, or to which the employee is seconded, at the higher classification level becomes vacant.\nThe public sector employee may ask the employee’s chief executive to employ the employee in the position at the higher classification level on a permanent basis.\nThe public sector employee must make the request—\nfor subsection (1) (a) —within 3 months after the employee first considers the employee may have become suitable to perform the role; or\nfor subsection (1) (b) —within 3 months after the chief executive is taken to have refused the employee’s request as mentioned in subsection (1) (b) (i) ; or\nfor subsection (1) (c) —within 3 months after the position becomes vacant.\nThe employee’s chief executive must decide the request within 28 days after receiving the request.\nIn making the decision, section 120 (3) , (4) and (5) applies to the employee’s chief executive.\nIf the employee’s chief executive does not make the decision within the period required under subsection (4) , the chief executive is taken to have refused the request.\nThe employee may make only 1 request under this section in relation to each separate decision made, or taken to have been made, under section 120 .\nThe commissioner must make a directive about the making of a decision under this section.\n(sec.121-ssec.1) This section applies in relation to a public sector employee mentioned in section 120 (1) if— both of the following apply— the employee’s chief executive has decided under section 120 not to employ the employee in the position at the higher classification level on a permanent basis because the chief executive considered the employee was not suitable to perform the role; the employee considers the employee may have become suitable to perform the role; or both of the following apply— the employee’s chief executive is taken, under section 120 (6) , to have refused the employee’s request to be employed in the position at the higher classification level on a permanent basis; the employee has not appealed against the decision under section 130 ; or the position in which the employee is acting, or to which the employee is seconded, at the higher classification level becomes vacant.\n(sec.121-ssec.2) The public sector employee may ask the employee’s chief executive to employ the employee in the position at the higher classification level on a permanent basis.\n(sec.121-ssec.3) The public sector employee must make the request— for subsection (1) (a) —within 3 months after the employee first considers the employee may have become suitable to perform the role; or for subsection (1) (b) —within 3 months after the chief executive is taken to have refused the employee’s request as mentioned in subsection (1) (b) (i) ; or for subsection (1) (c) —within 3 months after the position becomes vacant.\n(sec.121-ssec.4) The employee’s chief executive must decide the request within 28 days after receiving the request.\n(sec.121-ssec.5) In making the decision, section 120 (3) , (4) and (5) applies to the employee’s chief executive.\n(sec.121-ssec.6) If the employee’s chief executive does not make the decision within the period required under subsection (4) , the chief executive is taken to have refused the request.\n(sec.121-ssec.7) The employee may make only 1 request under this section in relation to each separate decision made, or taken to have been made, under section 120 .\n(sec.121-ssec.8) The commissioner must make a directive about the making of a decision under this section.\n- (a) both of the following apply— (i) the employee’s chief executive has decided under section 120 not to employ the employee in the position at the higher classification level on a permanent basis because the chief executive considered the employee was not suitable to perform the role; (ii) the employee considers the employee may have become suitable to perform the role; or\n- (i) the employee’s chief executive has decided under section 120 not to employ the employee in the position at the higher classification level on a permanent basis because the chief executive considered the employee was not suitable to perform the role;\n- (ii) the employee considers the employee may have become suitable to perform the role; or\n- (b) both of the following apply— (i) the employee’s chief executive is taken, under section 120 (6) , to have refused the employee’s request to be employed in the position at the higher classification level on a permanent basis; (ii) the employee has not appealed against the decision under section 130 ; or\n- (i) the employee’s chief executive is taken, under section 120 (6) , to have refused the employee’s request to be employed in the position at the higher classification level on a permanent basis;\n- (ii) the employee has not appealed against the decision under section 130 ; or\n- (c) the position in which the employee is acting, or to which the employee is seconded, at the higher classification level becomes vacant.\n- (i) the employee’s chief executive has decided under section 120 not to employ the employee in the position at the higher classification level on a permanent basis because the chief executive considered the employee was not suitable to perform the role;\n- (ii) the employee considers the employee may have become suitable to perform the role; or\n- (i) the employee’s chief executive is taken, under section 120 (6) , to have refused the employee’s request to be employed in the position at the higher classification level on a permanent basis;\n- (ii) the employee has not appealed against the decision under section 130 ; or\n- (a) for subsection (1) (a) —within 3 months after the employee first considers the employee may have become suitable to perform the role; or\n- (b) for subsection (1) (b) —within 3 months after the chief executive is taken to have refused the employee’s request as mentioned in subsection (1) (b) (i) ; or\n- (c) for subsection (1) (c) —within 3 months after the position becomes vacant.","sortOrder":159},{"sectionNumber":"ch.3-pt.9-div.3","sectionType":"division","heading":"Review of work performance matters","content":"## Review of work performance matters","sortOrder":160},{"sectionNumber":"sec.122","sectionType":"section","heading":"Definitions for division","content":"### sec.122 Definitions for division\n\nIn this division—\npublic sector employee includes a person who was a public sector employee.\nwork performance information directive means a directive under which a department must give the commission information about work performance matters that are being, or have been, handled by the department.\nwork performance matter means a matter involving a public sector employee’s work performance or personal conduct, including, for example, an allegation against the employee that constitutes or would, if proved, constitute a disciplinary ground.","sortOrder":161},{"sectionNumber":"sec.123","sectionType":"section","heading":"Commission may conduct review of public sector entity’s handling of work performance matters","content":"### sec.123 Commission may conduct review of public sector entity’s handling of work performance matters\n\nThis section applies if, on the basis of information received under a work performance information directive, the commissioner considers it may be beneficial to conduct a review to promote—\nthe continuous improvement of a public sector entity’s practices regarding the handling of work performance matters; or\nthe optimal resolution of a current work performance matter.\nThe commission may—\nconduct a review of—\n1 or more work performance matters that have been handled by the entity; or\na current work performance matter; and\ngive the chief executive of the entity a report about the review.\nA report under subsection (2) (b) must include any recommendations made by the commission about—\nfor a review mentioned in subsection (2) (a) (i) —improvements to the entity’s practices regarding the handling of work performance matters; or\nfor a review mentioned in subsection (2) (a) (ii) —the optimal resolution of the current work performance matter.\nA function of the commission under this section must be performed—\nby the commissioner; or\nfor the commissioner by—\na staff member of the commission to whom the function is delegated under section 283 (1) ; or\nan appropriately qualified entity to whom the function is delegated under section 283 (2) .\nIn this section—\ncurrent work performance matter means a work performance matter being handled by the public sector entity when the commissioner forms the view mentioned in subsection (1) (b) .\n(sec.123-ssec.1) This section applies if, on the basis of information received under a work performance information directive, the commissioner considers it may be beneficial to conduct a review to promote— the continuous improvement of a public sector entity’s practices regarding the handling of work performance matters; or the optimal resolution of a current work performance matter.\n(sec.123-ssec.2) The commission may— conduct a review of— 1 or more work performance matters that have been handled by the entity; or a current work performance matter; and give the chief executive of the entity a report about the review.\n(sec.123-ssec.3) A report under subsection (2) (b) must include any recommendations made by the commission about— for a review mentioned in subsection (2) (a) (i) —improvements to the entity’s practices regarding the handling of work performance matters; or for a review mentioned in subsection (2) (a) (ii) —the optimal resolution of the current work performance matter.\n(sec.123-ssec.4) A function of the commission under this section must be performed— by the commissioner; or for the commissioner by— a staff member of the commission to whom the function is delegated under section 283 (1) ; or an appropriately qualified entity to whom the function is delegated under section 283 (2) .\n(sec.123-ssec.5) In this section— current work performance matter means a work performance matter being handled by the public sector entity when the commissioner forms the view mentioned in subsection (1) (b) .\n- (a) the continuous improvement of a public sector entity’s practices regarding the handling of work performance matters; or\n- (b) the optimal resolution of a current work performance matter.\n- (a) conduct a review of— (i) 1 or more work performance matters that have been handled by the entity; or (ii) a current work performance matter; and\n- (i) 1 or more work performance matters that have been handled by the entity; or\n- (ii) a current work performance matter; and\n- (b) give the chief executive of the entity a report about the review.\n- (i) 1 or more work performance matters that have been handled by the entity; or\n- (ii) a current work performance matter; and\n- (a) for a review mentioned in subsection (2) (a) (i) —improvements to the entity’s practices regarding the handling of work performance matters; or\n- (b) for a review mentioned in subsection (2) (a) (ii) —the optimal resolution of the current work performance matter.\n- (a) by the commissioner; or\n- (b) for the commissioner by— (i) a staff member of the commission to whom the function is delegated under section 283 (1) ; or (ii) an appropriately qualified entity to whom the function is delegated under section 283 (2) .\n- (i) a staff member of the commission to whom the function is delegated under section 283 (1) ; or\n- (ii) an appropriately qualified entity to whom the function is delegated under section 283 (2) .\n- (i) a staff member of the commission to whom the function is delegated under section 283 (1) ; or\n- (ii) an appropriately qualified entity to whom the function is delegated under section 283 (2) .","sortOrder":162},{"sectionNumber":"sec.124","sectionType":"section","heading":"Commission may conduct review of procedural aspect of public sector entity’s handling of current work performance matters","content":"### sec.124 Commission may conduct review of procedural aspect of public sector entity’s handling of current work performance matters\n\nThis section applies if a public sector employee’s chief executive implements a procedure under a directive about suspension or discipline in relation to the employee for a current work performance matter.\nHowever, this section does not apply if the matter relates to personal conduct that would, if proved, constitute corrupt conduct under the Crime and Corruption Act 2001 , section 15 .\nThe employee may ask the commission to conduct a review of a procedural aspect of the entity’s handling of the matter.\nHowever, the employee may make the request under subsection (3) only if the employee has complied, to the extent possible, with any procedures applying to the employee under a directive about suspension or discipline in relation to the matter.\nOn receiving the request, the commission may—\nconduct a review of a procedural aspect of the matter; and\ngive the chief executive of the entity a report about the review that includes any recommendations and directions about how any defects in the procedural aspects are to be rectified.\nThe chief executive of the entity must comply with a direction given in a report under subsection (5) (b) to the extent possible, unless—\nbefore the report is given to the chief executive, a decision is made in relation to the matter; and\nthe employee has a right to appeal against the decision under part 10 .\nA function of the commission under this section must be performed—\nby the commissioner; or\nfor the commissioner by a staff member of the commission to whom the function is delegated under section 283 (1) ; or\nif the function is the giving of a report under subsection (5) (b) that does not include a direction by the commission—by another appropriately qualified entity to whom the function of giving the report is delegated under section 283 (2) .\nIn this section—\ncurrent work performance matter means a work performance matter being handled by the public sector entity when the employee makes the request under subsection (3) .\nprocedural aspect , of a current work performance matter, means an aspect of the matter relating to compliance with—\na procedure under a directive applying to the matter; or\nthe requirements of procedural fairness.\n(sec.124-ssec.1) This section applies if a public sector employee’s chief executive implements a procedure under a directive about suspension or discipline in relation to the employee for a current work performance matter.\n(sec.124-ssec.2) However, this section does not apply if the matter relates to personal conduct that would, if proved, constitute corrupt conduct under the Crime and Corruption Act 2001 , section 15 .\n(sec.124-ssec.3) The employee may ask the commission to conduct a review of a procedural aspect of the entity’s handling of the matter.\n(sec.124-ssec.4) However, the employee may make the request under subsection (3) only if the employee has complied, to the extent possible, with any procedures applying to the employee under a directive about suspension or discipline in relation to the matter.\n(sec.124-ssec.5) On receiving the request, the commission may— conduct a review of a procedural aspect of the matter; and give the chief executive of the entity a report about the review that includes any recommendations and directions about how any defects in the procedural aspects are to be rectified.\n(sec.124-ssec.6) The chief executive of the entity must comply with a direction given in a report under subsection (5) (b) to the extent possible, unless— before the report is given to the chief executive, a decision is made in relation to the matter; and the employee has a right to appeal against the decision under part 10 .\n(sec.124-ssec.7) A function of the commission under this section must be performed— by the commissioner; or for the commissioner by a staff member of the commission to whom the function is delegated under section 283 (1) ; or if the function is the giving of a report under subsection (5) (b) that does not include a direction by the commission—by another appropriately qualified entity to whom the function of giving the report is delegated under section 283 (2) .\n(sec.124-ssec.8) In this section— current work performance matter means a work performance matter being handled by the public sector entity when the employee makes the request under subsection (3) . procedural aspect , of a current work performance matter, means an aspect of the matter relating to compliance with— a procedure under a directive applying to the matter; or the requirements of procedural fairness.\n- (a) conduct a review of a procedural aspect of the matter; and\n- (b) give the chief executive of the entity a report about the review that includes any recommendations and directions about how any defects in the procedural aspects are to be rectified.\n- (a) before the report is given to the chief executive, a decision is made in relation to the matter; and\n- (b) the employee has a right to appeal against the decision under part 10 .\n- (a) by the commissioner; or\n- (b) for the commissioner by a staff member of the commission to whom the function is delegated under section 283 (1) ; or\n- (c) if the function is the giving of a report under subsection (5) (b) that does not include a direction by the commission—by another appropriately qualified entity to whom the function of giving the report is delegated under section 283 (2) .\n- (a) a procedure under a directive applying to the matter; or\n- (b) the requirements of procedural fairness.","sortOrder":163},{"sectionNumber":"sec.125","sectionType":"section","heading":"Chief executive of public sector entity must provide help for review","content":"### sec.125 Chief executive of public sector entity must provide help for review\n\nThis section applies if the commissioner or another person or entity mentioned in section 123 (4) (b) (each a reviewer ) conducts a review relating to a public sector entity under this division.\nThe chief executive of the public sector entity must give the reviewer the help the reviewer reasonably requires to conduct the review.\nThe reviewer may ask the chief executive of the public sector entity for information or a document that may be relevant to the review.\nThe chief executive of the public sector entity must comply with a request under subsection (3) .\n(sec.125-ssec.1) This section applies if the commissioner or another person or entity mentioned in section 123 (4) (b) (each a reviewer ) conducts a review relating to a public sector entity under this division.\n(sec.125-ssec.2) The chief executive of the public sector entity must give the reviewer the help the reviewer reasonably requires to conduct the review.\n(sec.125-ssec.3) The reviewer may ask the chief executive of the public sector entity for information or a document that may be relevant to the review.\n(sec.125-ssec.4) The chief executive of the public sector entity must comply with a request under subsection (3) .","sortOrder":164},{"sectionNumber":"sec.126","sectionType":"section","heading":"Exchange of information with external agency","content":"### sec.126 Exchange of information with external agency\n\nThe commissioner may enter into an agreement (an information exchange agreement ) with the chief executive officer of an external agency to obtain and give information for the purpose of a review under section 123 .\nThe information exchange agreement may enable the commissioner to—\nobtain relevant information from the external agency; and\nwith the consent of the chief executive of the public sector entity to which the review relates, give relevant information to the external agency.\nAlso, to help the commissioner perform the commissioner’s functions or exercise the commissioner’s powers under this division, the commissioner may give information to an external agency under an information exchange agreement.\nIn this section—\nexternal agency means an entity established under an Act and prescribed by regulation as an external agency for this definition.\nrelevant information means information about or relevant to—\na review of a current work performance matter under section 123 ; or\nan investigation, inquiry or other activity of an external agency relating to the conduct of a public sector employee that is the subject of a review of a current work performance matter under section 123 .\n(sec.126-ssec.1) The commissioner may enter into an agreement (an information exchange agreement ) with the chief executive officer of an external agency to obtain and give information for the purpose of a review under section 123 .\n(sec.126-ssec.2) The information exchange agreement may enable the commissioner to— obtain relevant information from the external agency; and with the consent of the chief executive of the public sector entity to which the review relates, give relevant information to the external agency.\n(sec.126-ssec.3) Also, to help the commissioner perform the commissioner’s functions or exercise the commissioner’s powers under this division, the commissioner may give information to an external agency under an information exchange agreement.\n(sec.126-ssec.4) In this section— external agency means an entity established under an Act and prescribed by regulation as an external agency for this definition. relevant information means information about or relevant to— a review of a current work performance matter under section 123 ; or an investigation, inquiry or other activity of an external agency relating to the conduct of a public sector employee that is the subject of a review of a current work performance matter under section 123 .\n- (a) obtain relevant information from the external agency; and\n- (b) with the consent of the chief executive of the public sector entity to which the review relates, give relevant information to the external agency.\n- (a) a review of a current work performance matter under section 123 ; or\n- (b) an investigation, inquiry or other activity of an external agency relating to the conduct of a public sector employee that is the subject of a review of a current work performance matter under section 123 .","sortOrder":165},{"sectionNumber":"sec.127","sectionType":"section","heading":"Protection from liability for giving information","content":"### sec.127 Protection from liability for giving information\n\nThis section applies to a person who, acting honestly and reasonably, gives information under this division.\nThe person is not liable, civilly, criminally or under an administrative process, for giving the information.\nAlso, merely because the person gives the information, the person can not be held to have—\nbreached any code of professional etiquette or ethics; or\ndeparted from accepted standards of professional conduct.\nWithout limiting subsection (2) or (3) —\nin a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and\nif the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person—\ndoes not contravene the Act , oath or rule of law or practice by giving the information; and\nis not liable to disciplinary action for giving the information.\n(sec.127-ssec.1) This section applies to a person who, acting honestly and reasonably, gives information under this division.\n(sec.127-ssec.2) The person is not liable, civilly, criminally or under an administrative process, for giving the information.\n(sec.127-ssec.3) Also, merely because the person gives the information, the person can not be held to have— breached any code of professional etiquette or ethics; or departed from accepted standards of professional conduct.\n(sec.127-ssec.4) Without limiting subsection (2) or (3) — in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and if the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person— does not contravene the Act , oath or rule of law or practice by giving the information; and is not liable to disciplinary action for giving the information.\n- (a) breached any code of professional etiquette or ethics; or\n- (b) departed from accepted standards of professional conduct.\n- (a) in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and\n- (b) if the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person— (i) does not contravene the Act , oath or rule of law or practice by giving the information; and (ii) is not liable to disciplinary action for giving the information.\n- (i) does not contravene the Act , oath or rule of law or practice by giving the information; and\n- (ii) is not liable to disciplinary action for giving the information.\n- (i) does not contravene the Act , oath or rule of law or practice by giving the information; and\n- (ii) is not liable to disciplinary action for giving the information.","sortOrder":166},{"sectionNumber":"sec.128","sectionType":"section","heading":"Publication of information about work performance matters","content":"### sec.128 Publication of information about work performance matters\n\nThe commission must publish the following information for each financial year in a publicly accessible way—\nthe number of work performance matters handled by each prescribed entity in the year;\nthe types of work performance matters handled by each prescribed entity in the year;\ninformation about how work performance matters were handled by each prescribed entity in the year, including, for example—\nthe period within which the handling of the matters was finalised; and\nthe outcomes of the handling of the matters.\nThe information must be published on or before 30 September after the financial year.\nThis section applies only in relation to information the commission receives under a work performance information directive or to which the commission otherwise has access.\nIn this section—\nprescribed entity means—\na department; or\nanother public sector entity prescribed by directive for this definition.\n(sec.128-ssec.1) The commission must publish the following information for each financial year in a publicly accessible way— the number of work performance matters handled by each prescribed entity in the year; the types of work performance matters handled by each prescribed entity in the year; information about how work performance matters were handled by each prescribed entity in the year, including, for example— the period within which the handling of the matters was finalised; and the outcomes of the handling of the matters.\n(sec.128-ssec.2) The information must be published on or before 30 September after the financial year.\n(sec.128-ssec.3) This section applies only in relation to information the commission receives under a work performance information directive or to which the commission otherwise has access.\n(sec.128-ssec.4) In this section— prescribed entity means— a department; or another public sector entity prescribed by directive for this definition.\n- (a) the number of work performance matters handled by each prescribed entity in the year;\n- (b) the types of work performance matters handled by each prescribed entity in the year;\n- (c) information about how work performance matters were handled by each prescribed entity in the year, including, for example— (i) the period within which the handling of the matters was finalised; and (ii) the outcomes of the handling of the matters.\n- (i) the period within which the handling of the matters was finalised; and\n- (ii) the outcomes of the handling of the matters.\n- (i) the period within which the handling of the matters was finalised; and\n- (ii) the outcomes of the handling of the matters.\n- (a) a department; or\n- (b) another public sector entity prescribed by directive for this definition.","sortOrder":167},{"sectionNumber":"ch.3-pt.10","sectionType":"part","heading":"Appeals","content":"# Appeals","sortOrder":168},{"sectionNumber":"ch.3-pt.10-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":169},{"sectionNumber":"sec.129","sectionType":"section","heading":"Definitions for part","content":"### sec.129 Definitions for part\n\nIn this part—\nconversion decision means a decision—\nunder section 115 not to convert the employment of a public sector employee mentioned in section 112 to a permanent basis; or\nunder section 115 to convert the employment of a public sector employee mentioned in section 112 to a permanent basis in circumstances provided for under a directive made under section 115 (8) about the hours of work offered when offering to convert the employment basis to a permanent basis; or\nunder section 116 not to convert the employment of a public sector employee mentioned in section 113 (1) to a permanent basis, if the employee’s right to make the additional request for review under section 116 arose from a decision under section 115 ; or\nunder section 116 to convert the employment of a public sector employee mentioned in section 113 (1) to a permanent basis in circumstances provided for under a directive made under section 115 (8) about the hours of work offered when offering to convert the employment basis to a permanent basis, if the employee’s right to make the additional request for review under section 116 arose from a decision under section 115 ; or\nunder section 120 or 121 not to employ a public sector employee at a higher classification level, if the employee had been acting at, or seconded to, the higher classification level for a continuous period, as defined for the employee in a directive made under section 120 (7) , of at least 2 years.\ndirective decision means a decision to take, or not to take, action under a directive.\ndisciplinary decision means a decision under a disciplinary law to discipline—\na person (other than by termination of employment), including the action taken in disciplining the person; or\na former public sector employee by way of a disciplinary declaration made under section 95 , including if the disciplinary action that would have been taken was termination of employment.\nfair treatment decision means a decision a public sector employee believes is unfair and unreasonable.\npromotion decision means a decision to promote a public sector employee employed on a permanent basis.\nsuspension without pay decision means a decision to suspend a public sector employee under section 101 without entitlement to normal remuneration.\ntransfer decision means a decision to transfer—\na public service officer; or\na public sector employee, if a regulation has prescribed that the following provisions apply to the employee, without or without modification—\nchapter 4 , part 4 , division 3 ; and\nthis part, in relation to a decision under chapter 4 , part 4 , division 3 .\nwork performance direction decision means a decision of the commissioner under section 124 (5) (b) to give a direction about rectifying a defect in the procedural aspects of the handling of a work performance matter, to the extent the direction affects the employee the subject of the work performance matter.\n- (a) under section 115 not to convert the employment of a public sector employee mentioned in section 112 to a permanent basis; or\n- (b) under section 115 to convert the employment of a public sector employee mentioned in section 112 to a permanent basis in circumstances provided for under a directive made under section 115 (8) about the hours of work offered when offering to convert the employment basis to a permanent basis; or\n- (c) under section 116 not to convert the employment of a public sector employee mentioned in section 113 (1) to a permanent basis, if the employee’s right to make the additional request for review under section 116 arose from a decision under section 115 ; or\n- (d) under section 116 to convert the employment of a public sector employee mentioned in section 113 (1) to a permanent basis in circumstances provided for under a directive made under section 115 (8) about the hours of work offered when offering to convert the employment basis to a permanent basis, if the employee’s right to make the additional request for review under section 116 arose from a decision under section 115 ; or\n- (e) under section 120 or 121 not to employ a public sector employee at a higher classification level, if the employee had been acting at, or seconded to, the higher classification level for a continuous period, as defined for the employee in a directive made under section 120 (7) , of at least 2 years.\n- (a) a person (other than by termination of employment), including the action taken in disciplining the person; or\n- (b) a former public sector employee by way of a disciplinary declaration made under section 95 , including if the disciplinary action that would have been taken was termination of employment.\n- (a) a public service officer; or\n- (b) a public sector employee, if a regulation has prescribed that the following provisions apply to the employee, without or without modification— (i) chapter 4 , part 4 , division 3 ; and (ii) this part, in relation to a decision under chapter 4 , part 4 , division 3 .\n- (i) chapter 4 , part 4 , division 3 ; and\n- (ii) this part, in relation to a decision under chapter 4 , part 4 , division 3 .\n- (i) chapter 4 , part 4 , division 3 ; and\n- (ii) this part, in relation to a decision under chapter 4 , part 4 , division 3 .","sortOrder":170},{"sectionNumber":"ch.3-pt.10-div.2","sectionType":"division","heading":"Right of appeal","content":"## Right of appeal","sortOrder":171},{"sectionNumber":"sec.130","sectionType":"section","heading":"Appeals","content":"### sec.130 Appeals\n\nA person may appeal against a decision if—\nan appeal may be made against the decision under section 131 ; and\nthe person is entitled to appeal against the decision under section 133 .\n- (a) an appeal may be made against the decision under section 131 ; and\n- (b) the person is entitled to appeal against the decision under section 133 .","sortOrder":172},{"sectionNumber":"sec.131","sectionType":"section","heading":"Decisions against which appeals may be made","content":"### sec.131 Decisions against which appeals may be made\n\nAn appeal may be made against the following decisions—\na conversion decision;\na directive decision;\na disciplinary decision;\na fair treatment decision;\na promotion decision;\na suspension without pay decision;\na transfer decision;\na work performance direction decision;\na decision about anything else against which another Act allows a person to appeal.\nHowever, if an appeal may be made under this section against a decision, other than under subsection (1) (d) , the appeal can not be made under subsection (1) (d) .\nThis section is subject to section 132 .\n(sec.131-ssec.1) An appeal may be made against the following decisions— a conversion decision; a directive decision; a disciplinary decision; a fair treatment decision; a promotion decision; a suspension without pay decision; a transfer decision; a work performance direction decision; a decision about anything else against which another Act allows a person to appeal.\n(sec.131-ssec.2) However, if an appeal may be made under this section against a decision, other than under subsection (1) (d) , the appeal can not be made under subsection (1) (d) .\n(sec.131-ssec.3) This section is subject to section 132 .\n- (a) a conversion decision;\n- (b) a directive decision;\n- (c) a disciplinary decision;\n- (d) a fair treatment decision;\n- (e) a promotion decision;\n- (f) a suspension without pay decision;\n- (g) a transfer decision;\n- (h) a work performance direction decision;\n- (i) a decision about anything else against which another Act allows a person to appeal.","sortOrder":173},{"sectionNumber":"sec.132","sectionType":"section","heading":"Decisions against which appeals can not be made","content":"### sec.132 Decisions against which appeals can not be made\n\nA person can not appeal against any of the following decisions—\na decision of the Governor in Council;\na decision of a Minister;\na decision about superannuation benefits or workers’ compensation;\na decision about probation;\na decision to terminate the employment of a person, including, for example, a person employed on probation;\na decision about the classification level of employment, unless the decision is declared under a directive to be a decision against which an appeal may be made;\na decision to promote, transfer, redeploy or second a person as a chief executive, a senior executive or a senior officer;\na decision to promote, transfer, redeploy or second a public sector executive, unless the decision is declared under a directive to be a decision against which an appeal may be made;\na decision of the commissioner relating to reviewing a procedural aspect of the handling by a public sector entity of a work performance matter at the request of an employee under section 124 , other than to the extent allowed under section 131 (1) (h) ;\na decision under section 114 not to convert the employment of a public sector employee to a permanent basis;\na decision under section 120 not to appoint a public sector employee to a position at a higher classification level, if the employee has been acting at, or seconded to, the higher classification level for less than 2 years;\na non-appealable appointment.\nA person can not appeal against, or in an appeal call in question in any way, a decision that decides the policy, strategy, nature, scope, resourcing or direction of the public sector or the public service or a public sector entity.\nA person can not appeal against a promotion decision if—\nthe person employed under the promotion decision had been redeployed within 1 year before the promotion; and\nthe promotion is to a classification level that is not higher than the classification level of the person employed under the promotion decision immediately before the redeployment.\nA person can not appeal against a fair treatment decision—\nmade under chapter 3 , part 8 , division 5 ; or\nmade under chapter 3 , part 8 , division 3 , other than a finding under section 91 that a disciplinary ground exists for the person; or\nrelating to the recruitment or selection of a public sector employee; or\nrelating to a person’s work performance, other than a decision about the person’s work performance that is recorded in a formal way as part of a periodic performance review; or\na decision about performance recorded in a person’s performance development agreement as part of the person’s 6-monthly or annual performance review\nrelating to the resolution of a grievance under an industrial instrument, other than a decision about the outcome of the grievance; or\nrelating to the development or performance management of a chief executive or senior executive.\nIn this section—\nnon-appealable appointment means an appointment or employment—\nfor which the commissioner is satisfied the principles mentioned in section 44 are sufficiently protected by ways other than an appeal under this part; and\nthat the commissioner has declared by gazette notice, or a directive, to be an appointment or employment against which an appeal may not be made.\n(sec.132-ssec.1) A person can not appeal against any of the following decisions— a decision of the Governor in Council; a decision of a Minister; a decision about superannuation benefits or workers’ compensation; a decision about probation; a decision to terminate the employment of a person, including, for example, a person employed on probation; a decision about the classification level of employment, unless the decision is declared under a directive to be a decision against which an appeal may be made; a decision to promote, transfer, redeploy or second a person as a chief executive, a senior executive or a senior officer; a decision to promote, transfer, redeploy or second a public sector executive, unless the decision is declared under a directive to be a decision against which an appeal may be made; a decision of the commissioner relating to reviewing a procedural aspect of the handling by a public sector entity of a work performance matter at the request of an employee under section 124 , other than to the extent allowed under section 131 (1) (h) ; a decision under section 114 not to convert the employment of a public sector employee to a permanent basis; a decision under section 120 not to appoint a public sector employee to a position at a higher classification level, if the employee has been acting at, or seconded to, the higher classification level for less than 2 years; a non-appealable appointment.\n(sec.132-ssec.2) A person can not appeal against, or in an appeal call in question in any way, a decision that decides the policy, strategy, nature, scope, resourcing or direction of the public sector or the public service or a public sector entity.\n(sec.132-ssec.3) A person can not appeal against a promotion decision if— the person employed under the promotion decision had been redeployed within 1 year before the promotion; and the promotion is to a classification level that is not higher than the classification level of the person employed under the promotion decision immediately before the redeployment.\n(sec.132-ssec.4) A person can not appeal against a fair treatment decision— made under chapter 3 , part 8 , division 5 ; or made under chapter 3 , part 8 , division 3 , other than a finding under section 91 that a disciplinary ground exists for the person; or relating to the recruitment or selection of a public sector employee; or relating to a person’s work performance, other than a decision about the person’s work performance that is recorded in a formal way as part of a periodic performance review; or a decision about performance recorded in a person’s performance development agreement as part of the person’s 6-monthly or annual performance review relating to the resolution of a grievance under an industrial instrument, other than a decision about the outcome of the grievance; or relating to the development or performance management of a chief executive or senior executive.\n(sec.132-ssec.5) In this section— non-appealable appointment means an appointment or employment— for which the commissioner is satisfied the principles mentioned in section 44 are sufficiently protected by ways other than an appeal under this part; and that the commissioner has declared by gazette notice, or a directive, to be an appointment or employment against which an appeal may not be made.\n- (a) a decision of the Governor in Council;\n- (b) a decision of a Minister;\n- (c) a decision about superannuation benefits or workers’ compensation;\n- (d) a decision about probation;\n- (e) a decision to terminate the employment of a person, including, for example, a person employed on probation;\n- (f) a decision about the classification level of employment, unless the decision is declared under a directive to be a decision against which an appeal may be made;\n- (g) a decision to promote, transfer, redeploy or second a person as a chief executive, a senior executive or a senior officer;\n- (h) a decision to promote, transfer, redeploy or second a public sector executive, unless the decision is declared under a directive to be a decision against which an appeal may be made;\n- (i) a decision of the commissioner relating to reviewing a procedural aspect of the handling by a public sector entity of a work performance matter at the request of an employee under section 124 , other than to the extent allowed under section 131 (1) (h) ;\n- (j) a decision under section 114 not to convert the employment of a public sector employee to a permanent basis;\n- (k) a decision under section 120 not to appoint a public sector employee to a position at a higher classification level, if the employee has been acting at, or seconded to, the higher classification level for less than 2 years;\n- (l) a non-appealable appointment.\n- (a) the person employed under the promotion decision had been redeployed within 1 year before the promotion; and\n- (b) the promotion is to a classification level that is not higher than the classification level of the person employed under the promotion decision immediately before the redeployment.\n- (a) made under chapter 3 , part 8 , division 5 ; or\n- (b) made under chapter 3 , part 8 , division 3 , other than a finding under section 91 that a disciplinary ground exists for the person; or\n- (c) relating to the recruitment or selection of a public sector employee; or\n- (d) relating to a person’s work performance, other than a decision about the person’s work performance that is recorded in a formal way as part of a periodic performance review; or Example for paragraph (d) — a decision about performance recorded in a person’s performance development agreement as part of the person’s 6-monthly or annual performance review\n- (e) relating to the resolution of a grievance under an industrial instrument, other than a decision about the outcome of the grievance; or\n- (f) relating to the development or performance management of a chief executive or senior executive.\n- (a) for which the commissioner is satisfied the principles mentioned in section 44 are sufficiently protected by ways other than an appeal under this part; and\n- (b) that the commissioner has declared by gazette notice, or a directive, to be an appointment or employment against which an appeal may not be made.","sortOrder":174},{"sectionNumber":"sec.133","sectionType":"section","heading":"Who may appeal","content":"### sec.133 Who may appeal\n\nThe following persons may appeal against the following decisions—\nfor a conversion decision—the public sector employee the subject of the decision;\nfor a directive decision—a public sector employee aggrieved by the decision if the employee is entitled to appeal under a directive;\nfor a disciplinary decision—a public sector employee or former public sector employee aggrieved by the decision if the employee is entitled to appeal under a directive;\nfor a fair treatment decision—a public sector employee aggrieved by the decision;\nfor a promotion decision—a public sector employee employed on a permanent basis who is aggrieved by the decision and is entitled to appeal under a directive;\nfor a suspension without pay decision—the public sector employee the subject of the decision;\nfor a transfer decision—the public service officer or public sector employee the subject of the decision;\nfor a work performance direction decision—the public sector employee the subject of the work performance matter;\nfor a decision mentioned in section 131 (1) (i) —a person the other Act allows to appeal.\n- (a) for a conversion decision—the public sector employee the subject of the decision;\n- (b) for a directive decision—a public sector employee aggrieved by the decision if the employee is entitled to appeal under a directive;\n- (c) for a disciplinary decision—a public sector employee or former public sector employee aggrieved by the decision if the employee is entitled to appeal under a directive;\n- (d) for a fair treatment decision—a public sector employee aggrieved by the decision;\n- (e) for a promotion decision—a public sector employee employed on a permanent basis who is aggrieved by the decision and is entitled to appeal under a directive;\n- (f) for a suspension without pay decision—the public sector employee the subject of the decision;\n- (g) for a transfer decision—the public service officer or public sector employee the subject of the decision;\n- (h) for a work performance direction decision—the public sector employee the subject of the work performance matter;\n- (i) for a decision mentioned in section 131 (1) (i) —a person the other Act allows to appeal.","sortOrder":175},{"sectionNumber":"ch.3-pt.10-div.3","sectionType":"division","heading":"Hearing of appeal","content":"## Hearing of appeal","sortOrder":176},{"sectionNumber":"sec.134","sectionType":"section","heading":"Appeal to IRC","content":"### sec.134 Appeal to IRC\n\nAn appeal under this part is to be heard and decided under the Industrial Relations Act 2016 , chapter 11 by the IRC.","sortOrder":177},{"sectionNumber":"sec.135","sectionType":"section","heading":"Attendance at appeal part of employee’s duties","content":"### sec.135 Attendance at appeal part of employee’s duties\n\nAttendance at an appeal proceeding is part of a public sector employee’s duties if the employee—\nis a party to the appeal; or\nis requested or required by the IRC to attend the proceeding.\nThis section has no relevance to an appeal against a disciplinary declaration.\n- (a) is a party to the appeal; or\n- (b) is requested or required by the IRC to attend the proceeding.","sortOrder":178},{"sectionNumber":"sec.136","sectionType":"section","heading":"Employee’s entitlements for attending appeal","content":"### sec.136 Employee’s entitlements for attending appeal\n\nA public sector employee is entitled to be paid travelling expenses and allowances reasonably incurred in attending an appeal proceeding as part of the employee’s duties.\nThe amount of the expenses and allowances is to be decided by the commissioner.\nHowever, this section does not apply to a public sector employee who is the appellant and is suspended from duty without pay, unless the employee’s appeal is allowed.\nThis section has no relevance to an appeal against a disciplinary declaration.\n(sec.136-ssec.1) A public sector employee is entitled to be paid travelling expenses and allowances reasonably incurred in attending an appeal proceeding as part of the employee’s duties.\n(sec.136-ssec.2) The amount of the expenses and allowances is to be decided by the commissioner.\n(sec.136-ssec.3) However, this section does not apply to a public sector employee who is the appellant and is suspended from duty without pay, unless the employee’s appeal is allowed.","sortOrder":179},{"sectionNumber":"sec.137","sectionType":"section","heading":"Expenses of persons other than public sector employees","content":"### sec.137 Expenses of persons other than public sector employees\n\nThis section applies if the IRC asks a person, other than a public sector employee, to attend an appeal proceeding.\nThe person is entitled to be reimbursed for any expenses reasonably incurred by the person in attending the proceeding.\nThe amount of the expenses is to be decided by the commissioner.\nThis section does not apply to a person who is appealing against a disciplinary declaration.\n(sec.137-ssec.1) This section applies if the IRC asks a person, other than a public sector employee, to attend an appeal proceeding.\n(sec.137-ssec.2) The person is entitled to be reimbursed for any expenses reasonably incurred by the person in attending the proceeding.\n(sec.137-ssec.3) The amount of the expenses is to be decided by the commissioner.\n(sec.137-ssec.4) This section does not apply to a person who is appealing against a disciplinary declaration.","sortOrder":180},{"sectionNumber":"sec.138","sectionType":"section","heading":"Public sector entity must pay costs of appeal and expenses","content":"### sec.138 Public sector entity must pay costs of appeal and expenses\n\nThe public sector entity whose decision is appealed against must pay—\nthe costs of the appeal, including the IRC’s costs incurred for, or attributable to, the appeal; and\nthe travelling expenses and allowances payable under section 136 ; and\nthe amount of any expenses required to be reimbursed under section 137 .\nAn amount payable for costs under subsection (1) (a) is the amount, not more than the actual costs, the commissioner considers reasonable.\nThe chief executive of the public sector entity must ensure subsection (1) is complied with as soon as practicable.\n(sec.138-ssec.1) The public sector entity whose decision is appealed against must pay— the costs of the appeal, including the IRC’s costs incurred for, or attributable to, the appeal; and the travelling expenses and allowances payable under section 136 ; and the amount of any expenses required to be reimbursed under section 137 .\n(sec.138-ssec.2) An amount payable for costs under subsection (1) (a) is the amount, not more than the actual costs, the commissioner considers reasonable.\n(sec.138-ssec.3) The chief executive of the public sector entity must ensure subsection (1) is complied with as soon as practicable.\n- (a) the costs of the appeal, including the IRC’s costs incurred for, or attributable to, the appeal; and\n- (b) the travelling expenses and allowances payable under section 136 ; and\n- (c) the amount of any expenses required to be reimbursed under section 137 .","sortOrder":181},{"sectionNumber":"ch.3-pt.10-div.4","sectionType":"division","heading":"Exclusion of particular matters from other Acts","content":"## Exclusion of particular matters from other Acts","sortOrder":182},{"sectionNumber":"sec.139","sectionType":"section","heading":"Definition for division","content":"### sec.139 Definition for division\n\nIn this division—\nexcluded matter see section 140 (1) .","sortOrder":183},{"sectionNumber":"sec.140","sectionType":"section","heading":"Application of division","content":"### sec.140 Application of division\n\nThis division applies to the following matters (each an excluded matter )—\na decision to appoint or employ, or not to appoint or employ, a person under this Act or as a statutory office holder; or\nthe contract of employment of, or the application of this Act or a provision of this Act to, any of the following—\na commissioner;\na chief executive;\na senior executive;\na senior officer;\na special commissioner;\nanother public service officer whose employment is on contract for a fixed term.\nIn this section—\nstatutory office means an office to which a person may be appointed under an Act only by the Governor in Council or a Minister.\n(sec.140-ssec.1) This division applies to the following matters (each an excluded matter )— a decision to appoint or employ, or not to appoint or employ, a person under this Act or as a statutory office holder; or the contract of employment of, or the application of this Act or a provision of this Act to, any of the following— a commissioner; a chief executive; a senior executive; a senior officer; a special commissioner; another public service officer whose employment is on contract for a fixed term.\n(sec.140-ssec.2) In this section— statutory office means an office to which a person may be appointed under an Act only by the Governor in Council or a Minister.\n- (a) a decision to appoint or employ, or not to appoint or employ, a person under this Act or as a statutory office holder; or\n- (b) the contract of employment of, or the application of this Act or a provision of this Act to, any of the following— (i) a commissioner; (ii) a chief executive; (iii) a senior executive; (iv) a senior officer; (v) a special commissioner; (vi) another public service officer whose employment is on contract for a fixed term.\n- (i) a commissioner;\n- (ii) a chief executive;\n- (iii) a senior executive;\n- (iv) a senior officer;\n- (v) a special commissioner;\n- (vi) another public service officer whose employment is on contract for a fixed term.\n- (i) a commissioner;\n- (ii) a chief executive;\n- (iii) a senior executive;\n- (iv) a senior officer;\n- (v) a special commissioner;\n- (vi) another public service officer whose employment is on contract for a fixed term.","sortOrder":184},{"sectionNumber":"sec.141","sectionType":"section","heading":"Excluded matters not industrial matters","content":"### sec.141 Excluded matters not industrial matters\n\nAn excluded matter, or a matter affecting or relating to an excluded matter, is not an industrial matter for the Industrial Relations Act 2016 .\nHowever, subsection (1) —\nis subject to section 155 (6) ; and\ndoes not apply for a dismissal of a public service officer who is employed on a permanent basis; and\nhas no effect on the Industrial Relations Act 2016 , section 471 .\nWithout limiting subsection (1) , an industrial instrument does not apply to a person who holds an office mentioned in section 140 (1) (b) .\nIn this section—\nindustrial matter see the Industrial Relations Act 2016 , section 9 .\n(sec.141-ssec.1) An excluded matter, or a matter affecting or relating to an excluded matter, is not an industrial matter for the Industrial Relations Act 2016 .\n(sec.141-ssec.2) However, subsection (1) — is subject to section 155 (6) ; and does not apply for a dismissal of a public service officer who is employed on a permanent basis; and has no effect on the Industrial Relations Act 2016 , section 471 .\n(sec.141-ssec.3) Without limiting subsection (1) , an industrial instrument does not apply to a person who holds an office mentioned in section 140 (1) (b) .\n(sec.141-ssec.4) In this section— industrial matter see the Industrial Relations Act 2016 , section 9 .\n- (a) is subject to section 155 (6) ; and\n- (b) does not apply for a dismissal of a public service officer who is employed on a permanent basis; and\n- (c) has no effect on the Industrial Relations Act 2016 , section 471 .","sortOrder":185},{"sectionNumber":"sec.142","sectionType":"section","heading":"Decisions about excluded matters final","content":"### sec.142 Decisions about excluded matters final\n\nUnless the Supreme Court decides a decision about an excluded matter is affected by jurisdictional error, the decision—\nis final and conclusive; and\ncan not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and\nis not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.\nHowever, subsection (1) does not apply to a decision about an excluded matter relating to a senior officer.\nThe Judicial Review Act 1991 , part 5 applies to a decision about an excluded matter to the extent it is affected by jurisdictional error.\n(sec.142-ssec.1) Unless the Supreme Court decides a decision about an excluded matter is affected by jurisdictional error, the decision— is final and conclusive; and can not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.\n(sec.142-ssec.2) However, subsection (1) does not apply to a decision about an excluded matter relating to a senior officer.\n(sec.142-ssec.3) The Judicial Review Act 1991 , part 5 applies to a decision about an excluded matter to the extent it is affected by jurisdictional error.\n- (a) is final and conclusive; and\n- (b) can not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and\n- (c) is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.","sortOrder":186},{"sectionNumber":"ch.3-pt.10-div.5","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":187},{"sectionNumber":"sec.143","sectionType":"section","heading":"Directive about appeals","content":"### sec.143 Directive about appeals\n\nThe commissioner must make a directive about appeals by public sector employees.\nThe directive—\nmust make provision for—\nthe decisions, if any, against which an appeal may be made; and\nthe persons who are entitled to appeal against a decision mentioned in section 131 (1) ; and\nthe directions, if any, the IRC may give under the Industrial Relations Act 2016 , section 562C (1) (b) ; and\nmay, for section 132 (5) , definition non-appealable appointment , declare an appointment or employment to be an appointment or employment against which an appeal may not be made.\nHowever, the directive must not direct, or purport to direct, the IRC or another person to do or not do a thing, or to do or not do a thing in a particular way, in relation to an appeal under this part.\n(sec.143-ssec.1) The commissioner must make a directive about appeals by public sector employees.\n(sec.143-ssec.2) The directive— must make provision for— the decisions, if any, against which an appeal may be made; and the persons who are entitled to appeal against a decision mentioned in section 131 (1) ; and the directions, if any, the IRC may give under the Industrial Relations Act 2016 , section 562C (1) (b) ; and may, for section 132 (5) , definition non-appealable appointment , declare an appointment or employment to be an appointment or employment against which an appeal may not be made.\n(sec.143-ssec.3) However, the directive must not direct, or purport to direct, the IRC or another person to do or not do a thing, or to do or not do a thing in a particular way, in relation to an appeal under this part.\n- (a) must make provision for— (i) the decisions, if any, against which an appeal may be made; and (ii) the persons who are entitled to appeal against a decision mentioned in section 131 (1) ; and (iii) the directions, if any, the IRC may give under the Industrial Relations Act 2016 , section 562C (1) (b) ; and\n- (i) the decisions, if any, against which an appeal may be made; and\n- (ii) the persons who are entitled to appeal against a decision mentioned in section 131 (1) ; and\n- (iii) the directions, if any, the IRC may give under the Industrial Relations Act 2016 , section 562C (1) (b) ; and\n- (b) may, for section 132 (5) , definition non-appealable appointment , declare an appointment or employment to be an appointment or employment against which an appeal may not be made.\n- (i) the decisions, if any, against which an appeal may be made; and\n- (ii) the persons who are entitled to appeal against a decision mentioned in section 131 (1) ; and\n- (iii) the directions, if any, the IRC may give under the Industrial Relations Act 2016 , section 562C (1) (b) ; and","sortOrder":188},{"sectionNumber":"ch.3-pt.11","sectionType":"part","heading":"Ending of employment","content":"# Ending of employment","sortOrder":189},{"sectionNumber":"sec.144","sectionType":"section","heading":"Purpose of part","content":"### sec.144 Purpose of part\n\nThe purpose of this part is to ensure that, despite another provision of this Act, the chief executive of a public sector entity may end the employment of a public sector employee under the common law, or consider that a public sector employee’s employment has ended by operation of law, in particular circumstances, including, for example, if the employee has seriously breached the employee’s contract of employment.","sortOrder":190},{"sectionNumber":"sec.145","sectionType":"section","heading":"Summary dismissal and ending of employment","content":"### sec.145 Summary dismissal and ending of employment\n\nNothing in this Act—\nlimits or otherwise affects a right or power, of a chief executive of a public sector entity, under the common law to terminate a public sector employee’s employment, including summarily; or\nA chief executive may have a right or power at common law to summarily terminate a public sector employee’s employment if the employee has engaged in serious misconduct, including, for example—\nwilful or deliberate behaviour that is inconsistent with the continuation of the employee’s employment\nconduct that causes serious and imminent risk to the health or safety of a person\nconduct that causes serious and imminent risk to the reputation of the public sector entity in which the employee is employed.\nA chief executive may have a right or power at common law to terminate a public sector employee’s employment for repudiation of the employment, including, for example, if the employee has abandoned the employment.\nprevents a public sector employee’s employment contract from ending by operation of law; or\nA public sector employee’s employment contract may end under the doctrine of frustration, including, for example, if the employee is imprisoned or remanded in custody.\nlimits or otherwise affects the contractual rights of the State or a public sector entity as an employer under the common law.\n- (a) limits or otherwise affects a right or power, of a chief executive of a public sector entity, under the common law to terminate a public sector employee’s employment, including summarily; or Example of a right or power under the common law to summarily terminate employment— A chief executive may have a right or power at common law to summarily terminate a public sector employee’s employment if the employee has engaged in serious misconduct, including, for example— • wilful or deliberate behaviour that is inconsistent with the continuation of the employee’s employment • conduct that causes serious and imminent risk to the health or safety of a person • conduct that causes serious and imminent risk to the reputation of the public sector entity in which the employee is employed. Example of a right or power under the common law to terminate employment— A chief executive may have a right or power at common law to terminate a public sector employee’s employment for repudiation of the employment, including, for example, if the employee has abandoned the employment.\n- • wilful or deliberate behaviour that is inconsistent with the continuation of the employee’s employment\n- • conduct that causes serious and imminent risk to the health or safety of a person\n- • conduct that causes serious and imminent risk to the reputation of the public sector entity in which the employee is employed.\n- (b) prevents a public sector employee’s employment contract from ending by operation of law; or Example of a public sector employee’s employment contract ending by operation of law— A public sector employee’s employment contract may end under the doctrine of frustration, including, for example, if the employee is imprisoned or remanded in custody.\n- (c) limits or otherwise affects the contractual rights of the State or a public sector entity as an employer under the common law.\n- • wilful or deliberate behaviour that is inconsistent with the continuation of the employee’s employment\n- • conduct that causes serious and imminent risk to the health or safety of a person\n- • conduct that causes serious and imminent risk to the reputation of the public sector entity in which the employee is employed.","sortOrder":191},{"sectionNumber":"ch.3-pt.12","sectionType":"part","heading":"Surplus","content":"# Surplus","sortOrder":192},{"sectionNumber":"sec.146","sectionType":"section","heading":"Relationship with Industrial Relations Act 2016","content":"### sec.146 Relationship with Industrial Relations Act 2016\n\nThis part does not limit or otherwise affect—\nthe Industrial Relations Act 2016 , chapter 2 , part 3 , division 13 ; or\nan industrial instrument.\n- (a) the Industrial Relations Act 2016 , chapter 2 , part 3 , division 13 ; or\n- (b) an industrial instrument.","sortOrder":193},{"sectionNumber":"sec.147","sectionType":"section","heading":"Chief executive’s power to take action because of surplus","content":"### sec.147 Chief executive’s power to take action because of surplus\n\nThis section applies if the chief executive of a public sector entity believes a public sector employee is surplus to the entity’s needs because—\nmore employees are employed in the entity than it needs for the effective, efficient and appropriate performance of its functions; or\nthe duties performed by the employee are no longer required.\nThe chief executive may terminate the employee’s employment, subject to any directive made under subsection (3) .\nThe commissioner may make a directive about action, including, for example, termination of employment, that a chief executive of a public sector entity must take if the chief executive believes a public sector employee is surplus to the entity’s needs under subsection (1) .\nA chief executive exercising a power under this section must act in a way compatible with sections 3 and 4 .\n(sec.147-ssec.1) This section applies if the chief executive of a public sector entity believes a public sector employee is surplus to the entity’s needs because— more employees are employed in the entity than it needs for the effective, efficient and appropriate performance of its functions; or the duties performed by the employee are no longer required.\n(sec.147-ssec.2) The chief executive may terminate the employee’s employment, subject to any directive made under subsection (3) .\n(sec.147-ssec.3) The commissioner may make a directive about action, including, for example, termination of employment, that a chief executive of a public sector entity must take if the chief executive believes a public sector employee is surplus to the entity’s needs under subsection (1) .\n(sec.147-ssec.4) A chief executive exercising a power under this section must act in a way compatible with sections 3 and 4 .\n- (a) more employees are employed in the entity than it needs for the effective, efficient and appropriate performance of its functions; or\n- (b) the duties performed by the employee are no longer required.","sortOrder":194},{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":195},{"sectionNumber":"sec.148","sectionType":"section","heading":"Application of chapter","content":"### sec.148 Application of chapter\n\nThis chapter applies only in relation to public service entities.\nHowever, if the only employee of the public service entity under this Act is the entity’s chief executive, this chapter applies only in relation to the employment of the chief executive.\n(sec.148-ssec.1) This chapter applies only in relation to public service entities.\n(sec.148-ssec.2) However, if the only employee of the public service entity under this Act is the entity’s chief executive, this chapter applies only in relation to the employment of the chief executive.","sortOrder":196},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"Employment of general employees, fixed term temporary employees and casual employees","content":"# Employment of general employees, fixed term temporary employees and casual employees","sortOrder":197},{"sectionNumber":"sec.149","sectionType":"section","heading":"General employees","content":"### sec.149 General employees\n\nThe chief executive of a public service entity may employ a person (a general employee ) to perform work of a type not ordinarily performed by a public service officer.\nThe basis of employment may be—\npermanent; or\ntemporary for a fixed term; or\ncasual.\nEmployment under subsection (2) (a) or (b) may be full-time or part-time.\nA person employed under this section does not, only because of the employment, become a public service officer.\n(sec.149-ssec.1) The chief executive of a public service entity may employ a person (a general employee ) to perform work of a type not ordinarily performed by a public service officer.\n(sec.149-ssec.2) The basis of employment may be— permanent; or temporary for a fixed term; or casual.\n(sec.149-ssec.3) Employment under subsection (2) (a) or (b) may be full-time or part-time.\n(sec.149-ssec.4) A person employed under this section does not, only because of the employment, become a public service officer.\n- (a) permanent; or\n- (b) temporary for a fixed term; or\n- (c) casual.","sortOrder":198},{"sectionNumber":"sec.150","sectionType":"section","heading":"Fixed term temporary employees","content":"### sec.150 Fixed term temporary employees\n\nThe chief executive of a public service entity may employ a person on a temporary basis for a fixed term to perform work of a type ordinarily performed by—\nan officer; or\na senior officer.\nHowever, subsection (1) applies only if employment of a person on a permanent basis is not viable or appropriate, having regard to the planning of human resources carried out by the chief executive under section 177 (1) (f) .\nThe employment may be full-time or part-time.\nA person employed under this section does not, only because of the employment, become a public service officer.\n(sec.150-ssec.1) The chief executive of a public service entity may employ a person on a temporary basis for a fixed term to perform work of a type ordinarily performed by— an officer; or a senior officer.\n(sec.150-ssec.2) However, subsection (1) applies only if employment of a person on a permanent basis is not viable or appropriate, having regard to the planning of human resources carried out by the chief executive under section 177 (1) (f) .\n(sec.150-ssec.3) The employment may be full-time or part-time.\n(sec.150-ssec.4) A person employed under this section does not, only because of the employment, become a public service officer.\n- (a) an officer; or\n- (b) a senior officer.","sortOrder":199},{"sectionNumber":"sec.151","sectionType":"section","heading":"Casual employees","content":"### sec.151 Casual employees\n\nThe chief executive of a public service entity may employ a person on a casual basis to perform work of a type ordinarily performed by—\nan officer; or\na senior officer.\nHowever, subsection (1) applies only if employment of a person on either of the following employment bases is not viable or appropriate—\na permanent basis;\na temporary basis for a fixed term.\nA person employed under this section does not, only because of the employment, become a public service officer.\n(sec.151-ssec.1) The chief executive of a public service entity may employ a person on a casual basis to perform work of a type ordinarily performed by— an officer; or a senior officer.\n(sec.151-ssec.2) However, subsection (1) applies only if employment of a person on either of the following employment bases is not viable or appropriate— a permanent basis; a temporary basis for a fixed term.\n(sec.151-ssec.3) A person employed under this section does not, only because of the employment, become a public service officer.\n- (a) an officer; or\n- (b) a senior officer.\n- (a) a permanent basis;\n- (b) a temporary basis for a fixed term.","sortOrder":200},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":"Employment of public service officers","content":"# Employment of public service officers","sortOrder":201},{"sectionNumber":"sec.152","sectionType":"section","heading":"Public service officers","content":"### sec.152 Public service officers\n\nThe chief executive of a public service entity may, by signed notice, employ a person as a public service officer in the entity.\nThe basis of employment may be—\npermanent; or\non contract for a fixed term.\nHowever, subsection (2) (b) applies only if the chief executive of the entity has decided that employment in the position may be on contract for a fixed term.\nThe employment may be full-time or part-time.\n(sec.152-ssec.1) The chief executive of a public service entity may, by signed notice, employ a person as a public service officer in the entity.\n(sec.152-ssec.2) The basis of employment may be— permanent; or on contract for a fixed term.\n(sec.152-ssec.3) However, subsection (2) (b) applies only if the chief executive of the entity has decided that employment in the position may be on contract for a fixed term.\n(sec.152-ssec.4) The employment may be full-time or part-time.\n- (a) permanent; or\n- (b) on contract for a fixed term.","sortOrder":202},{"sectionNumber":"sec.153","sectionType":"section","heading":"Purposes of senior officer positions","content":"### sec.153 Purposes of senior officer positions\n\nSenior officer positions are continued to—\npromote the public service’s effectiveness and efficiency; and\nensure there is a group of highly skilled public service officers who are capable of development as senior executives.\nEmployment as a senior officer is to be directed towards—\ndeveloping a public service-wide perspective; and\ncontinuance of the officer’s professional development.\n(sec.153-ssec.1) Senior officer positions are continued to— promote the public service’s effectiveness and efficiency; and ensure there is a group of highly skilled public service officers who are capable of development as senior executives.\n(sec.153-ssec.2) Employment as a senior officer is to be directed towards— developing a public service-wide perspective; and continuance of the officer’s professional development.\n- (a) promote the public service’s effectiveness and efficiency; and\n- (b) ensure there is a group of highly skilled public service officers who are capable of development as senior executives.\n- (a) developing a public service-wide perspective; and\n- (b) continuance of the officer’s professional development.","sortOrder":203},{"sectionNumber":"sec.154","sectionType":"section","heading":"Role of commissioner in relation to senior officer positions","content":"### sec.154 Role of commissioner in relation to senior officer positions\n\nTo help achieve the purposes of senior officer positions, the commissioner must make and implement arrangements to facilitate the development of senior officers as senior executives.","sortOrder":204},{"sectionNumber":"sec.155","sectionType":"section","heading":"Employment of public service officers on contract for fixed term","content":"### sec.155 Employment of public service officers on contract for fixed term\n\nThis section applies if the chief executive of a public service entity employs a person, on contract for a fixed term, as a public service officer in the entity.\nThe person must enter into a written contract of employment with the chief executive.\nHowever, if the person is employed on a permanent basis in the position immediately before the employment is to be on contract for a fixed term, the person may, but is not required to, enter into a contract with the chief executive relating to the employment.\nIf subsection (3) applies and the person decides not to enter into a contract for a fixed term with the chief executive, the person continues to be employed on a permanent basis without change in the conditions of employment.\nThe person’s overall employment conditions under a contract for a fixed term under this section must not, on balance, be less than the employment conditions to which the person would be entitled if the person were employed on a permanent basis.\nIf there is a dispute between the parties to the contract about the application of subsection (5) , the IRC may hear and decide the dispute.\nThe conditions of the person’s employment are governed by this Act, any relevant directive and the contract.\n(sec.155-ssec.1) This section applies if the chief executive of a public service entity employs a person, on contract for a fixed term, as a public service officer in the entity.\n(sec.155-ssec.2) The person must enter into a written contract of employment with the chief executive.\n(sec.155-ssec.3) However, if the person is employed on a permanent basis in the position immediately before the employment is to be on contract for a fixed term, the person may, but is not required to, enter into a contract with the chief executive relating to the employment.\n(sec.155-ssec.4) If subsection (3) applies and the person decides not to enter into a contract for a fixed term with the chief executive, the person continues to be employed on a permanent basis without change in the conditions of employment.\n(sec.155-ssec.5) The person’s overall employment conditions under a contract for a fixed term under this section must not, on balance, be less than the employment conditions to which the person would be entitled if the person were employed on a permanent basis.\n(sec.155-ssec.6) If there is a dispute between the parties to the contract about the application of subsection (5) , the IRC may hear and decide the dispute.\n(sec.155-ssec.7) The conditions of the person’s employment are governed by this Act, any relevant directive and the contract.","sortOrder":205},{"sectionNumber":"sec.156","sectionType":"section","heading":"Reinstatement of employment on permanent basis if contract ends","content":"### sec.156 Reinstatement of employment on permanent basis if contract ends\n\nThis section applies if—\na person mentioned in section 155 (1) is employed on contract for a fixed term; and\nthe contract is terminated other than by disciplinary action, or the contract expires and is not renewed or replaced by another contract of employment under this Act; and\nwhen the person was first employed under the contract or an earlier continuous contract of employment as a public service officer, the person was employed as a public service officer on a permanent basis.\nThe person becomes a public service officer employed—\non a permanent basis; and\nat the classification level at which the person would have been employed if the person had continued in employment as a public service officer on a permanent basis; and\non the remuneration to which the person would have been entitled if the person had continued in employment as a public service officer on a permanent basis.\n(sec.156-ssec.1) This section applies if— a person mentioned in section 155 (1) is employed on contract for a fixed term; and the contract is terminated other than by disciplinary action, or the contract expires and is not renewed or replaced by another contract of employment under this Act; and when the person was first employed under the contract or an earlier continuous contract of employment as a public service officer, the person was employed as a public service officer on a permanent basis.\n(sec.156-ssec.2) The person becomes a public service officer employed— on a permanent basis; and at the classification level at which the person would have been employed if the person had continued in employment as a public service officer on a permanent basis; and on the remuneration to which the person would have been entitled if the person had continued in employment as a public service officer on a permanent basis.\n- (a) a person mentioned in section 155 (1) is employed on contract for a fixed term; and\n- (b) the contract is terminated other than by disciplinary action, or the contract expires and is not renewed or replaced by another contract of employment under this Act; and\n- (c) when the person was first employed under the contract or an earlier continuous contract of employment as a public service officer, the person was employed as a public service officer on a permanent basis.\n- (a) on a permanent basis; and\n- (b) at the classification level at which the person would have been employed if the person had continued in employment as a public service officer on a permanent basis; and\n- (c) on the remuneration to which the person would have been entitled if the person had continued in employment as a public service officer on a permanent basis.","sortOrder":206},{"sectionNumber":"sec.157","sectionType":"section","heading":"Termination of contract if person accepts employment on a permanent basis","content":"### sec.157 Termination of contract if person accepts employment on a permanent basis\n\nThis section applies if—\na person mentioned in section 155 (1) is employed on contract for a fixed term; and\nthe person accepts employment as a public service officer on a permanent basis.\nThe contract is taken to be terminated by agreement of the parties.\nWithout limiting subsection (2) , the person is not entitled to payment under the contract because of the termination.\n(sec.157-ssec.1) This section applies if— a person mentioned in section 155 (1) is employed on contract for a fixed term; and the person accepts employment as a public service officer on a permanent basis.\n(sec.157-ssec.2) The contract is taken to be terminated by agreement of the parties.\n(sec.157-ssec.3) Without limiting subsection (2) , the person is not entitled to payment under the contract because of the termination.\n- (a) a person mentioned in section 155 (1) is employed on contract for a fixed term; and\n- (b) the person accepts employment as a public service officer on a permanent basis.","sortOrder":207},{"sectionNumber":"ch.4-pt.4","sectionType":"part","heading":"Other employment arrangements","content":"# Other employment arrangements","sortOrder":208},{"sectionNumber":"ch.4-pt.4-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":209},{"sectionNumber":"sec.158","sectionType":"section","heading":"Application of part","content":"### sec.158 Application of part\n\nSubject to sections 159 and 164 , this part applies to public service officers employed in public service entities.","sortOrder":210},{"sectionNumber":"sec.159","sectionType":"section","heading":"Application of division 2 or 3 by regulation","content":"### sec.159 Application of division 2 or 3 by regulation\n\nA regulation may provide—\nthat division 2 or 3 is to apply to a public sector employee employed in a public sector entity; and\nfor the way in which division 2 or 3 is to apply, including, for example, that it applies with or without change.\nIf a regulation is made under subsection (1) , the regulation must identify each of the following to which the regulation applies—\nthe public sector entity;\nthe head of the entity;\nthe employees of the entity.\nA regulation may prescribe anything necessary or convenient to be prescribed—\nto enable a regulation under subsection (1) to be made; or\nto carry out or give effect to the regulation; or\nbecause of the making of the regulation, including, for example, the portability of employment rights and entitlements.\n(sec.159-ssec.1) A regulation may provide— that division 2 or 3 is to apply to a public sector employee employed in a public sector entity; and for the way in which division 2 or 3 is to apply, including, for example, that it applies with or without change.\n(sec.159-ssec.2) If a regulation is made under subsection (1) , the regulation must identify each of the following to which the regulation applies— the public sector entity; the head of the entity; the employees of the entity.\n(sec.159-ssec.3) A regulation may prescribe anything necessary or convenient to be prescribed— to enable a regulation under subsection (1) to be made; or to carry out or give effect to the regulation; or because of the making of the regulation, including, for example, the portability of employment rights and entitlements.\n- (a) that division 2 or 3 is to apply to a public sector employee employed in a public sector entity; and\n- (b) for the way in which division 2 or 3 is to apply, including, for example, that it applies with or without change.\n- (a) the public sector entity;\n- (b) the head of the entity;\n- (c) the employees of the entity.\n- (a) to enable a regulation under subsection (1) to be made; or\n- (b) to carry out or give effect to the regulation; or\n- (c) because of the making of the regulation, including, for example, the portability of employment rights and entitlements.","sortOrder":211},{"sectionNumber":"ch.4-pt.4-div.2","sectionType":"division","heading":"Secondment","content":"## Secondment","sortOrder":212},{"sectionNumber":"sec.160","sectionType":"section","heading":"Chief executive’s power to second","content":"### sec.160 Chief executive’s power to second\n\nThe chief executive of a public service entity (the first entity ) may—\nsecond a public service officer of the first entity within the first entity; or\nwith the approval of the chief executive of another entity, second a public service officer of the other entity to the first entity.\nHowever, if the secondment is to a lower classification level, the secondment may be made only with the public service officer’s consent.\nThe chief executive of the first entity may cancel the secondment at any time.\n(sec.160-ssec.1) The chief executive of a public service entity (the first entity ) may— second a public service officer of the first entity within the first entity; or with the approval of the chief executive of another entity, second a public service officer of the other entity to the first entity.\n(sec.160-ssec.2) However, if the secondment is to a lower classification level, the secondment may be made only with the public service officer’s consent.\n(sec.160-ssec.3) The chief executive of the first entity may cancel the secondment at any time.\n- (a) second a public service officer of the first entity within the first entity; or\n- (b) with the approval of the chief executive of another entity, second a public service officer of the other entity to the first entity.","sortOrder":213},{"sectionNumber":"ch.4-pt.4-div.3","sectionType":"division","heading":"Transfer or redeployment","content":"## Transfer or redeployment","sortOrder":214},{"sectionNumber":"sec.161","sectionType":"section","heading":"Chief executive’s power to transfer or redeploy","content":"### sec.161 Chief executive’s power to transfer or redeploy\n\nThe chief executive of a public service entity (the first entity ) may—\ntransfer or redeploy a public service officer of the first entity within the first entity; or\nwith the approval of the chief executive of another entity, transfer or redeploy a public service officer of the other entity to the first entity.\nHowever, a redeployment may be made only with the public service officer’s consent.\nA transfer or redeployment of a public service officer under this section—\nmay involve a change in the location where the officer performs duties; and\nif the officer is employed on contract—has effect despite anything in the contract.\n(sec.161-ssec.1) The chief executive of a public service entity (the first entity ) may— transfer or redeploy a public service officer of the first entity within the first entity; or with the approval of the chief executive of another entity, transfer or redeploy a public service officer of the other entity to the first entity.\n(sec.161-ssec.2) However, a redeployment may be made only with the public service officer’s consent.\n(sec.161-ssec.3) A transfer or redeployment of a public service officer under this section— may involve a change in the location where the officer performs duties; and if the officer is employed on contract—has effect despite anything in the contract.\n- (a) transfer or redeploy a public service officer of the first entity within the first entity; or\n- (b) with the approval of the chief executive of another entity, transfer or redeploy a public service officer of the other entity to the first entity.\n- (a) may involve a change in the location where the officer performs duties; and\n- (b) if the officer is employed on contract—has effect despite anything in the contract.","sortOrder":215},{"sectionNumber":"sec.162","sectionType":"section","heading":"Consequence if public service officer refuses transfer","content":"### sec.162 Consequence if public service officer refuses transfer\n\nIf a public service officer is transferred under section 161 , the transfer has effect unless the officer establishes reasonable grounds for refusing the transfer to the satisfaction of the officer’s chief executive.\nIf the public service officer refuses the transfer after failing to establish reasonable grounds for the refusal to the chief executive’s satisfaction, the chief executive may terminate the officer’s employment by signed notice given to the officer.\nIf the public service officer establishes reasonable grounds to the chief executive’s satisfaction—\nthe transfer is cancelled; and\nthe refusal must not be used to prejudice the officer’s prospects for future promotion or advancement.\n(sec.162-ssec.1) If a public service officer is transferred under section 161 , the transfer has effect unless the officer establishes reasonable grounds for refusing the transfer to the satisfaction of the officer’s chief executive.\n(sec.162-ssec.2) If the public service officer refuses the transfer after failing to establish reasonable grounds for the refusal to the chief executive’s satisfaction, the chief executive may terminate the officer’s employment by signed notice given to the officer.\n(sec.162-ssec.3) If the public service officer establishes reasonable grounds to the chief executive’s satisfaction— the transfer is cancelled; and the refusal must not be used to prejudice the officer’s prospects for future promotion or advancement.\n- (a) the transfer is cancelled; and\n- (b) the refusal must not be used to prejudice the officer’s prospects for future promotion or advancement.","sortOrder":216},{"sectionNumber":"ch.4-pt.4-div.4","sectionType":"division","heading":"Resignation or retirement","content":"## Resignation or retirement","sortOrder":217},{"sectionNumber":"sec.163","sectionType":"section","heading":"Resignation","content":"### sec.163 Resignation\n\nA public service officer may resign by notice given to the officer’s chief executive—\nat least 2 weeks before the notice is to take effect; or\nwithin a shorter period approved by the officer’s chief executive.\nThe notice takes effect in accordance with its terms and without needing the acceptance of the public service officer’s chief executive.\n(sec.163-ssec.1) A public service officer may resign by notice given to the officer’s chief executive— at least 2 weeks before the notice is to take effect; or within a shorter period approved by the officer’s chief executive.\n(sec.163-ssec.2) The notice takes effect in accordance with its terms and without needing the acceptance of the public service officer’s chief executive.\n- (a) at least 2 weeks before the notice is to take effect; or\n- (b) within a shorter period approved by the officer’s chief executive.","sortOrder":218},{"sectionNumber":"sec.164","sectionType":"section","heading":"Voluntary retirement","content":"### sec.164 Voluntary retirement\n\nA public service officer or a general employee may by signed notice given to the officer’s or employee’s chief executive, elect to retire from the public service if—\nthe officer or employee is 55 years or more; or\nthe officer or employee is permitted to retire under a directive.\n- (a) the officer or employee is 55 years or more; or\n- (b) the officer or employee is permitted to retire under a directive.","sortOrder":219},{"sectionNumber":"ch.5-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":220},{"sectionNumber":"sec.165","sectionType":"section","heading":"Application of chapter","content":"### sec.165 Application of chapter\n\nThis chapter applies in relation to—\nchief executives and senior executives in departments; and\nthe commissioner.\nPart 3 also applies to senior executives in public service entities mentioned in section 9 (b) .\n(sec.165-ssec.1) This chapter applies in relation to— chief executives and senior executives in departments; and the commissioner.\n(sec.165-ssec.2) Part 3 also applies to senior executives in public service entities mentioned in section 9 (b) .\n- (a) chief executives and senior executives in departments; and\n- (b) the commissioner.","sortOrder":221},{"sectionNumber":"ch.5-pt.2","sectionType":"part","heading":"Chief executives","content":"# Chief executives","sortOrder":222},{"sectionNumber":"ch.5-pt.2-div.1","sectionType":"division","heading":"Chief executive service","content":"## Chief executive service","sortOrder":223},{"sectionNumber":"sec.166","sectionType":"section","heading":"Service continued","content":"### sec.166 Service continued\n\nA chief executive service is continued in the public service.\nThe chief executive service consists of—\nchief executives appointed or declared under division 2 ; and\nthe commissioner.\n(sec.166-ssec.1) A chief executive service is continued in the public service.\n(sec.166-ssec.2) The chief executive service consists of— chief executives appointed or declared under division 2 ; and the commissioner.\n- (a) chief executives appointed or declared under division 2 ; and\n- (b) the commissioner.","sortOrder":224},{"sectionNumber":"sec.167","sectionType":"section","heading":"Purpose of service and achievement","content":"### sec.167 Purpose of service and achievement\n\nThe purpose of the chief executive service is to promote—\nthe public service’s effectiveness and efficiency; and\ncollaboration between departments with a focus on public service-wide priorities in addition to department-specific priorities; and\nperformance management in the public service; and\nthe delivery of services by the public service in accordance with government priorities.\nThe purpose is to be achieved by attracting, developing and retaining in the public service a core of mobile, highly skilled chief executives.\n(sec.167-ssec.1) The purpose of the chief executive service is to promote— the public service’s effectiveness and efficiency; and collaboration between departments with a focus on public service-wide priorities in addition to department-specific priorities; and performance management in the public service; and the delivery of services by the public service in accordance with government priorities.\n(sec.167-ssec.2) The purpose is to be achieved by attracting, developing and retaining in the public service a core of mobile, highly skilled chief executives.\n- (a) the public service’s effectiveness and efficiency; and\n- (b) collaboration between departments with a focus on public service-wide priorities in addition to department-specific priorities; and\n- (c) performance management in the public service; and\n- (d) the delivery of services by the public service in accordance with government priorities.","sortOrder":225},{"sectionNumber":"sec.168","sectionType":"section","heading":"Role of commissioner","content":"### sec.168 Role of commissioner\n\nTo help achieve the purpose of the chief executive service, the commissioner must make and implement arrangements to facilitate the executive development of chief executives.","sortOrder":226},{"sectionNumber":"sec.169","sectionType":"section","heading":"Chief executive service standards","content":"### sec.169 Chief executive service standards\n\nThe Minister may make standards about the way the Minister expects the chief executive service to operate.\nWithout limiting subsection (1) , the standards may provide for competencies expected of, and ethical standards for, chief executives.\nThe Minister must publish the standards in the way the Minister considers appropriate.\nThe standards do not limit or otherwise affect the obligations that a chief executive has under the Public Sector Ethics Act 1994 .\n(sec.169-ssec.1) The Minister may make standards about the way the Minister expects the chief executive service to operate.\n(sec.169-ssec.2) Without limiting subsection (1) , the standards may provide for competencies expected of, and ethical standards for, chief executives.\n(sec.169-ssec.3) The Minister must publish the standards in the way the Minister considers appropriate.\n(sec.169-ssec.4) The standards do not limit or otherwise affect the obligations that a chief executive has under the Public Sector Ethics Act 1994 .","sortOrder":227},{"sectionNumber":"ch.5-pt.2-div.2","sectionType":"division","heading":"Appointments","content":"## Appointments","sortOrder":228},{"sectionNumber":"sec.170","sectionType":"section","heading":"Appointment by Governor in Council","content":"### sec.170 Appointment by Governor in Council\n\nThe Governor in Council may, by gazette notice, appoint chief executives.","sortOrder":229},{"sectionNumber":"sec.171","sectionType":"section","heading":"Appointment to particular departments","content":"### sec.171 Appointment to particular departments\n\nEach department is to have a chief executive.\nThe Minister may, by signed notice, appoint a chief executive to be the chief executive of any department.\nNotice of the appointment must be published in the gazette or in another publicly available way the Minister considers appropriate.\n(sec.171-ssec.1) Each department is to have a chief executive.\n(sec.171-ssec.2) The Minister may, by signed notice, appoint a chief executive to be the chief executive of any department.\n(sec.171-ssec.3) Notice of the appointment must be published in the gazette or in another publicly available way the Minister considers appropriate.","sortOrder":230},{"sectionNumber":"sec.172","sectionType":"section","heading":"Acting chief executive","content":"### sec.172 Acting chief executive\n\nThe Minister administering a department may appoint a person to act as the department’s chief executive during any period or all periods when—\nno-one is employed as chief executive; or\nthe chief executive is absent from duty or is, for another reason, unable to discharge the responsibilities of chief executive.\nIt does not matter whether the appointee is or is not already a public service officer.\n(sec.172-ssec.1) The Minister administering a department may appoint a person to act as the department’s chief executive during any period or all periods when— no-one is employed as chief executive; or the chief executive is absent from duty or is, for another reason, unable to discharge the responsibilities of chief executive.\n(sec.172-ssec.2) It does not matter whether the appointee is or is not already a public service officer.\n- (a) no-one is employed as chief executive; or\n- (b) the chief executive is absent from duty or is, for another reason, unable to discharge the responsibilities of chief executive.","sortOrder":231},{"sectionNumber":"sec.173","sectionType":"section","heading":"Statutory officer as chief executive","content":"### sec.173 Statutory officer as chief executive\n\nThe Governor in Council may, by gazette notice, declare that the holder of a stated office established under an Act is the chief executive appointed to a stated department.\nThis Act does not apply to an appointment to the stated office.\n(sec.173-ssec.1) The Governor in Council may, by gazette notice, declare that the holder of a stated office established under an Act is the chief executive appointed to a stated department.\n(sec.173-ssec.2) This Act does not apply to an appointment to the stated office.","sortOrder":232},{"sectionNumber":"sec.174","sectionType":"section","heading":"Contractual basis of employment for chief executives","content":"### sec.174 Contractual basis of employment for chief executives\n\nEach person appointed as a chief executive under this Act must enter into a written contract of employment with the Minister.\nThe appointee’s conditions of employment are governed by this Act, any relevant directives and the contract.\n(sec.174-ssec.1) Each person appointed as a chief executive under this Act must enter into a written contract of employment with the Minister.\n(sec.174-ssec.2) The appointee’s conditions of employment are governed by this Act, any relevant directives and the contract.","sortOrder":233},{"sectionNumber":"sec.175","sectionType":"section","heading":"Term of appointment","content":"### sec.175 Term of appointment\n\nThe term of a chief executive’s appointment must be—\n5 years; or\nif the person has requested a shorter period—the shorter period.\nIf a chief executive is reappointed, the term of the appointment can not be more than 5 years.\nA chief executive may resign by signed notice given to the Minister at least 1 month before the notice is to take effect.\nAn appointment and contract of employment as a chief executive may be terminated by the Governor in Council by signed notice given by the Minister to the appointee at least 1 month before the notice is to take effect.\n(sec.175-ssec.1) The term of a chief executive’s appointment must be— 5 years; or if the person has requested a shorter period—the shorter period.\n(sec.175-ssec.2) If a chief executive is reappointed, the term of the appointment can not be more than 5 years.\n(sec.175-ssec.3) A chief executive may resign by signed notice given to the Minister at least 1 month before the notice is to take effect.\n(sec.175-ssec.4) An appointment and contract of employment as a chief executive may be terminated by the Governor in Council by signed notice given by the Minister to the appointee at least 1 month before the notice is to take effect.\n- (a) 5 years; or\n- (b) if the person has requested a shorter period—the shorter period.","sortOrder":234},{"sectionNumber":"ch.5-pt.2-div.3","sectionType":"division","heading":"Functions","content":"## Functions","sortOrder":235},{"sectionNumber":"sec.176","sectionType":"section","heading":"Definition for division","content":"### sec.176 Definition for division\n\nIn this division—\nMinister , of a chief executive of a department, means the Minister administering the department.","sortOrder":236},{"sectionNumber":"sec.177","sectionType":"section","heading":"Functions and responsibilities of chief executive","content":"### sec.177 Functions and responsibilities of chief executive\n\nA chief executive of a department has the following functions and responsibilities in relation to the department—\nestablishing and implementing goals and objectives in accordance with government policies and priorities;\nmanaging the department in a way that promotes the effective, efficient and appropriate management of public resources while ensuring appropriate accountability for ethical standards and effective management and leadership of human resources;\nmanaging the following matters for departmental employees—\nthe total number;\ntypes of positions;\nroles associated with positions;\nclassification levels;\ndesignation of roles;\npro-actively managing the work performance and personal conduct of departmental employees;\nestablishing and implementing workforce and human resources planning and practices, including, for example, ensuring the employment in the department of persons on a temporary basis for a fixed term or on a casual basis happens only if there is a reason for the basis of employment under this Act;\nadopting management practices that are responsive to government policies and priorities;\nimplementing policies and practices about access and equity to ensure maximum access by members of the community to government programs and to appropriate avenues for review;\nensuring compliance with the obligations under chapter 2 relating to equity, diversity, respect and inclusion;\nensuring maintenance of proper standards in the creation, keeping and management of public records.\nrecruitment and selection\nperformance appraisal, training and development\ndiscipline and termination of employment\nworking conditions and industrial issues\nensuring fair treatment\nAlso, a chief executive is responsible for the following matters—\nproviding stewardship of the public sector by actively participating in collective and collaborative leadership and implementing public sector-wide policies decided by the Minister and the council;\nacting as the primary policy adviser to the chief executive’s Minister about significant issues relating to the department and the public sector, including, for example—\nproviding expert, impartial, coordinated and comprehensive policy advice; and\nproviding integrated advice about how all aspects of the department and the public sector align with the policy intent of government; and\nproviding policy coordination by building and managing relationships with public sector entities to ensure integrated policy development; and\nfacilitating and supporting relationships between Ministers and public sector entities.\nThe chief executive’s responsibilities under this Act are in addition to the chief executive’s responsibilities under another Act.\nA chief executive is an accountable officer under the Financial Accountability Act 2009 and has a responsibility to develop the strategic plan and operational plan under the Financial and Performance Management Standard 2019 , section 8 .\nThe following are not subject to direction by a chief executive—\nthe integrity commissioner, deputy integrity commissioner and members of the staff of the integrity office (see the Integrity Act 2009 )\nthe information commissioner and staff of the office of the information commissioner (see the Right to Information Act 2009 , sections 126 , 146 and 149 , and the Information Privacy Act 2009 , sections 134 , 140 and 143 )\nIn this section—\ndepartmental employees means public service employees employed in the chief executive’s department.\ndesignation , of a role, includes the title of the role and the organisational location of the role within a department.\ns 177 amd 2022 No. 33 s 64 ; 2023 No. 32 s 141 s ch 1 pt 2\n(sec.177-ssec.1) A chief executive of a department has the following functions and responsibilities in relation to the department— establishing and implementing goals and objectives in accordance with government policies and priorities; managing the department in a way that promotes the effective, efficient and appropriate management of public resources while ensuring appropriate accountability for ethical standards and effective management and leadership of human resources; managing the following matters for departmental employees— the total number; types of positions; roles associated with positions; classification levels; designation of roles; pro-actively managing the work performance and personal conduct of departmental employees; establishing and implementing workforce and human resources planning and practices, including, for example, ensuring the employment in the department of persons on a temporary basis for a fixed term or on a casual basis happens only if there is a reason for the basis of employment under this Act; adopting management practices that are responsive to government policies and priorities; implementing policies and practices about access and equity to ensure maximum access by members of the community to government programs and to appropriate avenues for review; ensuring compliance with the obligations under chapter 2 relating to equity, diversity, respect and inclusion; ensuring maintenance of proper standards in the creation, keeping and management of public records. recruitment and selection performance appraisal, training and development discipline and termination of employment working conditions and industrial issues ensuring fair treatment\n(sec.177-ssec.2) Also, a chief executive is responsible for the following matters— providing stewardship of the public sector by actively participating in collective and collaborative leadership and implementing public sector-wide policies decided by the Minister and the council; acting as the primary policy adviser to the chief executive’s Minister about significant issues relating to the department and the public sector, including, for example— providing expert, impartial, coordinated and comprehensive policy advice; and providing integrated advice about how all aspects of the department and the public sector align with the policy intent of government; and providing policy coordination by building and managing relationships with public sector entities to ensure integrated policy development; and facilitating and supporting relationships between Ministers and public sector entities.\n(sec.177-ssec.3) The chief executive’s responsibilities under this Act are in addition to the chief executive’s responsibilities under another Act. A chief executive is an accountable officer under the Financial Accountability Act 2009 and has a responsibility to develop the strategic plan and operational plan under the Financial and Performance Management Standard 2019 , section 8 . The following are not subject to direction by a chief executive— the integrity commissioner, deputy integrity commissioner and members of the staff of the integrity office (see the Integrity Act 2009 ) the information commissioner and staff of the office of the information commissioner (see the Right to Information Act 2009 , sections 126 , 146 and 149 , and the Information Privacy Act 2009 , sections 134 , 140 and 143 )\n(sec.177-ssec.4) In this section— departmental employees means public service employees employed in the chief executive’s department. designation , of a role, includes the title of the role and the organisational location of the role within a department.\n- (a) establishing and implementing goals and objectives in accordance with government policies and priorities;\n- (b) managing the department in a way that promotes the effective, efficient and appropriate management of public resources while ensuring appropriate accountability for ethical standards and effective management and leadership of human resources;\n- (c) managing the following matters for departmental employees— (i) the total number; (ii) types of positions; (iii) roles associated with positions; (iv) classification levels; (v) designation of roles;\n- (i) the total number;\n- (ii) types of positions;\n- (iii) roles associated with positions;\n- (iv) classification levels;\n- (v) designation of roles;\n- (d) pro-actively managing the work performance and personal conduct of departmental employees;\n- (e) establishing and implementing workforce and human resources planning and practices, including, for example, ensuring the employment in the department of persons on a temporary basis for a fixed term or on a casual basis happens only if there is a reason for the basis of employment under this Act;\n- (f) adopting management practices that are responsive to government policies and priorities;\n- (g) implementing policies and practices about access and equity to ensure maximum access by members of the community to government programs and to appropriate avenues for review;\n- (h) ensuring compliance with the obligations under chapter 2 relating to equity, diversity, respect and inclusion;\n- (i) ensuring maintenance of proper standards in the creation, keeping and management of public records.\n- (i) the total number;\n- (ii) types of positions;\n- (iii) roles associated with positions;\n- (iv) classification levels;\n- (v) designation of roles;\n- • recruitment and selection\n- • performance appraisal, training and development\n- • discipline and termination of employment\n- • working conditions and industrial issues\n- • ensuring fair treatment\n- (a) providing stewardship of the public sector by actively participating in collective and collaborative leadership and implementing public sector-wide policies decided by the Minister and the council;\n- (b) acting as the primary policy adviser to the chief executive’s Minister about significant issues relating to the department and the public sector, including, for example— (i) providing expert, impartial, coordinated and comprehensive policy advice; and (ii) providing integrated advice about how all aspects of the department and the public sector align with the policy intent of government; and (iii) providing policy coordination by building and managing relationships with public sector entities to ensure integrated policy development; and (iv) facilitating and supporting relationships between Ministers and public sector entities.\n- (i) providing expert, impartial, coordinated and comprehensive policy advice; and\n- (ii) providing integrated advice about how all aspects of the department and the public sector align with the policy intent of government; and\n- (iii) providing policy coordination by building and managing relationships with public sector entities to ensure integrated policy development; and\n- (iv) facilitating and supporting relationships between Ministers and public sector entities.\n- (i) providing expert, impartial, coordinated and comprehensive policy advice; and\n- (ii) providing integrated advice about how all aspects of the department and the public sector align with the policy intent of government; and\n- (iii) providing policy coordination by building and managing relationships with public sector entities to ensure integrated policy development; and\n- (iv) facilitating and supporting relationships between Ministers and public sector entities.\n- • the integrity commissioner, deputy integrity commissioner and members of the staff of the integrity office (see the Integrity Act 2009 )\n- • the information commissioner and staff of the office of the information commissioner (see the Right to Information Act 2009 , sections 126 , 146 and 149 , and the Information Privacy Act 2009 , sections 134 , 140 and 143 )","sortOrder":237},{"sectionNumber":"sec.178","sectionType":"section","heading":"Extent of chief executive’s autonomy","content":"### sec.178 Extent of chief executive’s autonomy\n\nA chief executive of a department is subject to the directions of the chief executive’s Minister in managing the department, other than to the extent—\nthe chief executive is making decisions about particular individuals; or\nanother Act—\nprovides that the chief executive is not subject to the directions of the chief executive’s Minister about particular matters; or\nlimits the extent to which, or circumstances in which, the chief executive is subject to the directions of the chief executive’s Minister.\nIn making decisions about particular individuals, the chief executive—\nis subject to any direction given by the commission in a report about a procedural aspect of a current work performance matter under section 124 ; and\nmust otherwise act independently, impartially and fairly; and\nis not subject to direction by a Minister.\n(sec.178-ssec.1) A chief executive of a department is subject to the directions of the chief executive’s Minister in managing the department, other than to the extent— the chief executive is making decisions about particular individuals; or another Act— provides that the chief executive is not subject to the directions of the chief executive’s Minister about particular matters; or limits the extent to which, or circumstances in which, the chief executive is subject to the directions of the chief executive’s Minister.\n(sec.178-ssec.2) In making decisions about particular individuals, the chief executive— is subject to any direction given by the commission in a report about a procedural aspect of a current work performance matter under section 124 ; and must otherwise act independently, impartially and fairly; and is not subject to direction by a Minister.\n- (a) the chief executive is making decisions about particular individuals; or\n- (b) another Act— (i) provides that the chief executive is not subject to the directions of the chief executive’s Minister about particular matters; or (ii) limits the extent to which, or circumstances in which, the chief executive is subject to the directions of the chief executive’s Minister.\n- (i) provides that the chief executive is not subject to the directions of the chief executive’s Minister about particular matters; or\n- (ii) limits the extent to which, or circumstances in which, the chief executive is subject to the directions of the chief executive’s Minister.\n- (i) provides that the chief executive is not subject to the directions of the chief executive’s Minister about particular matters; or\n- (ii) limits the extent to which, or circumstances in which, the chief executive is subject to the directions of the chief executive’s Minister.\n- (a) is subject to any direction given by the commission in a report about a procedural aspect of a current work performance matter under section 124 ; and\n- (b) must otherwise act independently, impartially and fairly; and\n- (c) is not subject to direction by a Minister.","sortOrder":238},{"sectionNumber":"sec.179","sectionType":"section","heading":"References in Act to chief executive of a chief executive are to Minister","content":"### sec.179 References in Act to chief executive of a chief executive are to Minister\n\nFor a chief executive, a reference in this Act to the chief executive’s chief executive, or to the chief executive of the chief executive’s department, is a reference to the Minister.","sortOrder":239},{"sectionNumber":"ch.5-pt.2-div.4","sectionType":"division","heading":"Conflicts of interest","content":"## Conflicts of interest","sortOrder":240},{"sectionNumber":"sec.180","sectionType":"section","heading":"Definition for division","content":"### sec.180 Definition for division\n\nIn this division—\nMinister , of a chief executive of a department, means the Minister responsible for administering the department.","sortOrder":241},{"sectionNumber":"sec.181","sectionType":"section","heading":"Meaning of interest","content":"### sec.181 Meaning of interest\n\nA reference to an interest or to a conflict of interest in this division 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.","sortOrder":242},{"sectionNumber":"sec.182","sectionType":"section","heading":"Declaration of interests—chief executive of department","content":"### sec.182 Declaration of interests—chief executive of department\n\nThis section applies to a person appointed as chief executive of a department.\nAppointment includes reappointment. See the Acts Interpretation Act 1954 , schedule 1 , definition appoint .\nThe chief executive must, within 1 month after the appointment, give each designated person for the chief executive a statement about the chief executive’s interests.\nThe statement must include the information required under a directive made by the commissioner.\nSubsection (5) applies if—\na change to the chief executive’s interests happens after the giving of the statement; and\nthe change is of a type prescribed under a directive made by the commissioner.\nThe chief executive must give each designated person for the chief executive a revised version of the statement, including the change, as soon as possible after the relevant facts about the change come to the chief executive’s knowledge.\nWhen giving the commissioner a statement under subsection (2) or (5) , the chief executive must also give the commissioner written advice that the chief executive has given the statement to the chief executive’s Minister.\nIn this section—\ndesignated person , for a chief executive, means—\nthe chief executive’s Minister; or\nthe commissioner.\n(sec.182-ssec.1) This section applies to a person appointed as chief executive of a department. Appointment includes reappointment. See the Acts Interpretation Act 1954 , schedule 1 , definition appoint .\n(sec.182-ssec.2) The chief executive must, within 1 month after the appointment, give each designated person for the chief executive a statement about the chief executive’s interests.\n(sec.182-ssec.3) The statement must include the information required under a directive made by the commissioner.\n(sec.182-ssec.4) Subsection (5) applies if— a change to the chief executive’s interests happens after the giving of the statement; and the change is of a type prescribed under a directive made by the commissioner.\n(sec.182-ssec.5) The chief executive must give each designated person for the chief executive a revised version of the statement, including the change, as soon as possible after the relevant facts about the change come to the chief executive’s knowledge.\n(sec.182-ssec.6) When giving the commissioner a statement under subsection (2) or (5) , the chief executive must also give the commissioner written advice that the chief executive has given the statement to the chief executive’s Minister.\n(sec.182-ssec.7) In this section— designated person , for a chief executive, means— the chief executive’s Minister; or the commissioner.\n- (a) a change to the chief executive’s interests happens after the giving of the statement; and\n- (b) the change is of a type prescribed under a directive made by the commissioner.\n- (a) the chief executive’s Minister; or\n- (b) the commissioner.","sortOrder":243},{"sectionNumber":"sec.183","sectionType":"section","heading":"Conflicts of interest—chief executive of department","content":"### sec.183 Conflicts of interest—chief executive of department\n\nThis section applies to a person appointed as chief executive of a department.\nIf the chief executive has an interest that conflicts or may conflict with the discharge of the chief executive’s responsibilities, the chief executive—\nmust disclose the nature of the interest and conflict to the chief executive’s Minister as soon as practicable after the relevant facts come to the chief executive’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 the chief executive’s Minister.\nThe chief executive’s Minister may direct the chief executive of the entity to resolve a conflict or possible conflict between an interest of the chief executive and the chief executive’s responsibilities.\n(sec.183-ssec.1) This section applies to a person appointed as chief executive of a department.\n(sec.183-ssec.2) If the chief executive has an interest that conflicts or may conflict with the discharge of the chief executive’s responsibilities, the chief executive— must disclose the nature of the interest and conflict to the chief executive’s Minister as soon as practicable after the relevant facts come to the chief executive’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 the chief executive’s Minister.\n(sec.183-ssec.3) The chief executive’s Minister may direct the chief executive of the entity to resolve a conflict or possible conflict between an interest of the chief executive and the chief executive’s responsibilities.\n- (a) must disclose the nature of the interest and conflict to the chief executive’s Minister as soon as practicable after the relevant facts come to the chief executive’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 the chief executive’s Minister.","sortOrder":244},{"sectionNumber":"ch.5-pt.3","sectionType":"part","heading":"Senior executives","content":"# Senior executives","sortOrder":245},{"sectionNumber":"ch.5-pt.3-div.1","sectionType":"division","heading":"Senior executive service","content":"## Senior executive service","sortOrder":246},{"sectionNumber":"sec.184","sectionType":"section","heading":"Senior executive service continued","content":"### sec.184 Senior executive service continued\n\nA senior executive service is continued in the public service.","sortOrder":247},{"sectionNumber":"sec.185","sectionType":"section","heading":"Purpose of service and achievement","content":"### sec.185 Purpose of service and achievement\n\nThe purpose of the senior executive service is to promote the public service’s effectiveness and efficiency.\nEmployment in the senior executive service is to be directed towards ensuring senior executives—\nprovide strategic leadership to deliver government objectives; and\nprovide high quality, impartial advice to chief executives and executive government; and\nchampion the public sector principles in all aspects of their leadership and in discharging their responsibilities; and\ndevelop a public service-wide perspective and participate in collaborative and collective leadership to achieve outcomes across the public sector; and\ncontinue their executive development through ongoing learning; and\ndevelop their skills through deployment within the public service and in other entities.\nThe purposes under subsections (1) and (2) are to be achieved by attracting, developing and retaining in the public service a core of mobile, highly skilled senior executives.\n(sec.185-ssec.1) The purpose of the senior executive service is to promote the public service’s effectiveness and efficiency.\n(sec.185-ssec.2) Employment in the senior executive service is to be directed towards ensuring senior executives— provide strategic leadership to deliver government objectives; and provide high quality, impartial advice to chief executives and executive government; and champion the public sector principles in all aspects of their leadership and in discharging their responsibilities; and develop a public service-wide perspective and participate in collaborative and collective leadership to achieve outcomes across the public sector; and continue their executive development through ongoing learning; and develop their skills through deployment within the public service and in other entities.\n(sec.185-ssec.3) The purposes under subsections (1) and (2) are to be achieved by attracting, developing and retaining in the public service a core of mobile, highly skilled senior executives.\n- (a) provide strategic leadership to deliver government objectives; and\n- (b) provide high quality, impartial advice to chief executives and executive government; and\n- (c) champion the public sector principles in all aspects of their leadership and in discharging their responsibilities; and\n- (d) develop a public service-wide perspective and participate in collaborative and collective leadership to achieve outcomes across the public sector; and\n- (e) continue their executive development through ongoing learning; and\n- (f) develop their skills through deployment within the public service and in other entities.","sortOrder":248},{"sectionNumber":"sec.186","sectionType":"section","heading":"Role of commissioner","content":"### sec.186 Role of commissioner\n\nTo help achieve the purposes of the senior executive service, the commissioner must make and implement arrangements to facilitate the executive development of senior executives.","sortOrder":249},{"sectionNumber":"sec.187","sectionType":"section","heading":"Composition","content":"### sec.187 Composition\n\nThe senior executive service consists of persons employed under this Act as senior executives.","sortOrder":250},{"sectionNumber":"ch.5-pt.3-div.2","sectionType":"division","heading":"Employment","content":"## Employment","sortOrder":251},{"sectionNumber":"sec.188","sectionType":"section","heading":"Employment","content":"### sec.188 Employment\n\nThe chief executive of a public service entity may, on behalf of the State, employ a senior executive in the public service entity.\nHowever, the chief executive must not employ the senior executive unless the employment is approved by the commissioner under a directive.\n(sec.188-ssec.1) The chief executive of a public service entity may, on behalf of the State, employ a senior executive in the public service entity.\n(sec.188-ssec.2) However, the chief executive must not employ the senior executive unless the employment is approved by the commissioner under a directive.","sortOrder":252},{"sectionNumber":"sec.189","sectionType":"section","heading":"Acting senior executive","content":"### sec.189 Acting senior executive\n\nThe chief executive of a public service entity may employ a person to act in the office of a senior executive in the entity during any period or all periods when—\nno-one is employed in the office; or\nthe person holding the office is absent from duty or is, for another reason, unable to discharge the responsibilities of the office.\nIt does not matter whether the person employed to act in the office is or is not already a public service officer.\n(sec.189-ssec.1) The chief executive of a public service entity may employ a person to act in the office of a senior executive in the entity during any period or all periods when— no-one is employed in the office; or the person holding the office is absent from duty or is, for another reason, unable to discharge the responsibilities of the office.\n(sec.189-ssec.2) It does not matter whether the person employed to act in the office is or is not already a public service officer.\n- (a) no-one is employed in the office; or\n- (b) the person holding the office is absent from duty or is, for another reason, unable to discharge the responsibilities of the office.","sortOrder":253},{"sectionNumber":"sec.190","sectionType":"section","heading":"Contractual basis of employment for senior executives","content":"### sec.190 Contractual basis of employment for senior executives\n\nEach senior executive must enter into a written contract of employment with the senior executive’s chief executive.\nThe contract may provide that, if the person’s employment as a senior executive continues to the end of the term of the person’s employment as senior executive, a further contract of employment may be entered into under this section.\nThe entry into a further contract of employment as mentioned in subsection (2) extends the person’s employment by the further term stated in the contract.\nAn extension of employment under subsection (2) and (3) may happen as occasion requires.\nThe senior executive’s conditions of employment are governed by this Act, any relevant directives and the contract.\nThe employment may be full-time or part-time.\n(sec.190-ssec.1) Each senior executive must enter into a written contract of employment with the senior executive’s chief executive.\n(sec.190-ssec.2) The contract may provide that, if the person’s employment as a senior executive continues to the end of the term of the person’s employment as senior executive, a further contract of employment may be entered into under this section.\n(sec.190-ssec.3) The entry into a further contract of employment as mentioned in subsection (2) extends the person’s employment by the further term stated in the contract.\n(sec.190-ssec.4) An extension of employment under subsection (2) and (3) may happen as occasion requires.\n(sec.190-ssec.5) The senior executive’s conditions of employment are governed by this Act, any relevant directives and the contract.\n(sec.190-ssec.6) The employment may be full-time or part-time.","sortOrder":254},{"sectionNumber":"sec.191","sectionType":"section","heading":"Term of contract","content":"### sec.191 Term of contract\n\nThe term of a senior executive’s contract, or an extension of the senior executive’s employment in the way provided for under section 190 (2) and (3) , can not be more than 5 years.\nA senior executive may resign by signed notice given to the senior executive’s chief executive at least 1 month before the notice is to take effect.\nA senior executive’s contract of employment may be terminated by the senior executive’s chief executive by signed notice given to the senior executive at least 1 month before the notice is to take effect.\n(sec.191-ssec.1) The term of a senior executive’s contract, or an extension of the senior executive’s employment in the way provided for under section 190 (2) and (3) , can not be more than 5 years.\n(sec.191-ssec.2) A senior executive may resign by signed notice given to the senior executive’s chief executive at least 1 month before the notice is to take effect.\n(sec.191-ssec.3) A senior executive’s contract of employment may be terminated by the senior executive’s chief executive by signed notice given to the senior executive at least 1 month before the notice is to take effect.","sortOrder":255},{"sectionNumber":"ch.6-pt.1","sectionType":"part","heading":"The Minister","content":"# The Minister","sortOrder":256},{"sectionNumber":"sec.192","sectionType":"section","heading":"Functions","content":"### sec.192 Functions\n\nThe main function of the Minister is to promote the overall effectiveness and efficiency of the public sector.\nWithout limiting subsection (1) , the Minister has the following functions—\nto assess the appropriateness, effectiveness and efficiency of public sector management;\nto recommend the appointment of, and employment arrangements for—\nchief executives of departments; and\nthe commissioner; and\neach special commissioner;\nto monitor the performance of the commission’s functions, chief executives of departments and the commissioner;\nto authorise performance reviews of chief executives of departments and the commissioner;\nto request public sector reviews;\nto advise Ministers administering departments about steps that should be taken to improve the public sector’s effectiveness and efficiency.\nThe Minister also has the functions given to the Minister under this Act or another Act.\nTo remove any doubt, it is declared that the Minister’s functions do not include a function relating to any of the following entities—\nthe Crime and Corruption Commission;\nthe Office of the Information Commissioner under the Right to Information Act 2009 ;\nthe integrity office;\nthe Office of the Ombudsman established under the Ombudsman Act 2001 ;\nanother entity prescribed by regulation for this paragraph.\ns 192 amd 2022 No. 33 s 65\n(sec.192-ssec.1) The main function of the Minister is to promote the overall effectiveness and efficiency of the public sector.\n(sec.192-ssec.2) Without limiting subsection (1) , the Minister has the following functions— to assess the appropriateness, effectiveness and efficiency of public sector management; to recommend the appointment of, and employment arrangements for— chief executives of departments; and the commissioner; and each special commissioner; to monitor the performance of the commission’s functions, chief executives of departments and the commissioner; to authorise performance reviews of chief executives of departments and the commissioner; to request public sector reviews; to advise Ministers administering departments about steps that should be taken to improve the public sector’s effectiveness and efficiency.\n(sec.192-ssec.3) The Minister also has the functions given to the Minister under this Act or another Act.\n(sec.192-ssec.4) To remove any doubt, it is declared that the Minister’s functions do not include a function relating to any of the following entities— the Crime and Corruption Commission; the Office of the Information Commissioner under the Right to Information Act 2009 ; the integrity office; the Office of the Ombudsman established under the Ombudsman Act 2001 ; another entity prescribed by regulation for this paragraph.\n- (a) to assess the appropriateness, effectiveness and efficiency of public sector management;\n- (b) to recommend the appointment of, and employment arrangements for— (i) chief executives of departments; and (ii) the commissioner; and (iii) each special commissioner;\n- (i) chief executives of departments; and\n- (ii) the commissioner; and\n- (iii) each special commissioner;\n- (c) to monitor the performance of the commission’s functions, chief executives of departments and the commissioner;\n- (d) to authorise performance reviews of chief executives of departments and the commissioner;\n- (e) to request public sector reviews;\n- (f) to advise Ministers administering departments about steps that should be taken to improve the public sector’s effectiveness and efficiency.\n- (i) chief executives of departments; and\n- (ii) the commissioner; and\n- (iii) each special commissioner;\n- (a) the Crime and Corruption Commission;\n- (b) the Office of the Information Commissioner under the Right to Information Act 2009 ;\n- (c) the integrity office;\n- (d) the Office of the Ombudsman established under the Ombudsman Act 2001 ;\n- (e) another entity prescribed by regulation for this paragraph.","sortOrder":257},{"sectionNumber":"sec.193","sectionType":"section","heading":"Giving direction","content":"### sec.193 Giving direction\n\nThe Minister may give a direction to any of the following entities—\nthe commissioner;\nthe council;\nthe chairperson of the council.\nThe direction may require the entity to give the Minister a report about the performance of the entity’s functions or any matter relating to public sector employment the Minister considers appropriate.\nIf the direction requires the entity to give the Minister a report as mentioned in subsection (2) , the direction must—\nbe in writing; and\nstate the reasonable period within which the entity must comply with the direction.\nThe direction may be as general or as specific as the Minister considers appropriate.\n(sec.193-ssec.1) The Minister may give a direction to any of the following entities— the commissioner; the council; the chairperson of the council.\n(sec.193-ssec.2) The direction may require the entity to give the Minister a report about the performance of the entity’s functions or any matter relating to public sector employment the Minister considers appropriate.\n(sec.193-ssec.3) If the direction requires the entity to give the Minister a report as mentioned in subsection (2) , the direction must— be in writing; and state the reasonable period within which the entity must comply with the direction.\n(sec.193-ssec.4) The direction may be as general or as specific as the Minister considers appropriate.\n- (a) the commissioner;\n- (b) the council;\n- (c) the chairperson of the council.\n- (a) be in writing; and\n- (b) state the reasonable period within which the entity must comply with the direction.","sortOrder":258},{"sectionNumber":"sec.194","sectionType":"section","heading":"Making performance framework","content":"### sec.194 Making performance framework\n\nThe Minister may make a framework (the performance framework ) about the way the Minister expects chief executives of departments to perform their functions.\nWithout limiting subsection (1) , the performance framework may provide for competencies expected of, and ethical standards for, chief executives mentioned in subsection (1) .\nThe Minister must publish the performance framework—\non a Queensland Government website; or\nin another publicly available way the Minister considers appropriate.\nThe performance framework does not limit or otherwise affect the obligations that a chief executive has under the Public Sector Ethics Act 1994 .\n(sec.194-ssec.1) The Minister may make a framework (the performance framework ) about the way the Minister expects chief executives of departments to perform their functions.\n(sec.194-ssec.2) Without limiting subsection (1) , the performance framework may provide for competencies expected of, and ethical standards for, chief executives mentioned in subsection (1) .\n(sec.194-ssec.3) The Minister must publish the performance framework— on a Queensland Government website; or in another publicly available way the Minister considers appropriate.\n(sec.194-ssec.4) The performance framework does not limit or otherwise affect the obligations that a chief executive has under the Public Sector Ethics Act 1994 .\n- (a) on a Queensland Government website; or\n- (b) in another publicly available way the Minister considers appropriate.","sortOrder":259},{"sectionNumber":"sec.195","sectionType":"section","heading":"Establishing taskforce","content":"### sec.195 Establishing taskforce\n\nThe Minister may establish a taskforce consisting of 2 or more chief executives of public service entities, appointed by the Minister, who have responsibilities relating to a particular matter common to the public service entities.\nThe chief executives have a shared responsibility in relation to the taskforce.\nThe Minister must appoint 1 of the chief executives of the public service entities to be the chairperson of the taskforce.\nThe Minister must decide the public service entity to which the taskforce belongs.\n(sec.195-ssec.1) The Minister may establish a taskforce consisting of 2 or more chief executives of public service entities, appointed by the Minister, who have responsibilities relating to a particular matter common to the public service entities.\n(sec.195-ssec.2) The chief executives have a shared responsibility in relation to the taskforce.\n(sec.195-ssec.3) The Minister must appoint 1 of the chief executives of the public service entities to be the chairperson of the taskforce.\n(sec.195-ssec.4) The Minister must decide the public service entity to which the taskforce belongs.","sortOrder":260},{"sectionNumber":"sec.196","sectionType":"section","heading":"Taskforce’s functions and staffing arrangements","content":"### sec.196 Taskforce’s functions and staffing arrangements\n\nThe main function of a taskforce established under section 195 (1) is to deal with complex issues relating to the particular matter common to the public service entities in relation to which the taskforce is established.\nWithout limiting subsection (1) , the chief executives of the public service entities may discharge the main function of the taskforce by—\ncoordinating strategic policy and planning activities for the particular matter; and\nsupporting the delivery of initiatives that are common to the public service entities.\nThe Minister must decide—\nthe terms of reference of the taskforce, including, for example, how the taskforce must operate in performing its functions; and\nthe governance and administration arrangements of the taskforce; and\nthe monitoring and reporting arrangements for the taskforce; and\nthe allocation of resources to the taskforce.\nThe chief executives of the public service entities have the power to do anything necessary or convenient to be done for the performance of the taskforce’s functions.\nHowever, the chief executive of the public service entity to which the taskforce belongs is responsible for matters relating to the staffing of the taskforce and may, for the performance of the taskforce’s functions—\nmake an arrangement under section 82 or 160 for a person to perform work for or in, or duties in, the entity; or\nemploy, under chapter 4 or 5 , a person in the entity.\n(sec.196-ssec.1) The main function of a taskforce established under section 195 (1) is to deal with complex issues relating to the particular matter common to the public service entities in relation to which the taskforce is established.\n(sec.196-ssec.2) Without limiting subsection (1) , the chief executives of the public service entities may discharge the main function of the taskforce by— coordinating strategic policy and planning activities for the particular matter; and supporting the delivery of initiatives that are common to the public service entities.\n(sec.196-ssec.3) The Minister must decide— the terms of reference of the taskforce, including, for example, how the taskforce must operate in performing its functions; and the governance and administration arrangements of the taskforce; and the monitoring and reporting arrangements for the taskforce; and the allocation of resources to the taskforce.\n(sec.196-ssec.4) The chief executives of the public service entities have the power to do anything necessary or convenient to be done for the performance of the taskforce’s functions.\n(sec.196-ssec.5) However, the chief executive of the public service entity to which the taskforce belongs is responsible for matters relating to the staffing of the taskforce and may, for the performance of the taskforce’s functions— make an arrangement under section 82 or 160 for a person to perform work for or in, or duties in, the entity; or employ, under chapter 4 or 5 , a person in the entity.\n- (a) coordinating strategic policy and planning activities for the particular matter; and\n- (b) supporting the delivery of initiatives that are common to the public service entities.\n- (a) the terms of reference of the taskforce, including, for example, how the taskforce must operate in performing its functions; and\n- (b) the governance and administration arrangements of the taskforce; and\n- (c) the monitoring and reporting arrangements for the taskforce; and\n- (d) the allocation of resources to the taskforce.\n- (a) make an arrangement under section 82 or 160 for a person to perform work for or in, or duties in, the entity; or\n- (b) employ, under chapter 4 or 5 , a person in the entity.","sortOrder":261},{"sectionNumber":"ch.6-pt.2","sectionType":"part","heading":"Departments of government","content":"# Departments of government","sortOrder":262},{"sectionNumber":"sec.197","sectionType":"section","heading":"Declaration of departments","content":"### sec.197 Declaration of departments\n\nThe departments of government are the entities declared to be departments of government by the Governor in Council by gazette notice.\nA department of government includes the entities declared to be part of the department of government by the Governor in Council by gazette notice.\n(sec.197-ssec.1) The departments of government are the entities declared to be departments of government by the Governor in Council by gazette notice.\n(sec.197-ssec.2) A department of government includes the entities declared to be part of the department of government by the Governor in Council by gazette notice.","sortOrder":263},{"sectionNumber":"sec.198","sectionType":"section","heading":"Changes relating to departments or other government entities","content":"### sec.198 Changes relating to departments or other government entities\n\nThe Governor in Council may, by gazette notice—\nestablish a department or another government entity; or\namalgamate departments or other government entities; or\nadd a government entity to a department or another government entity; or\ndivide a department or another government entity; or\nname or rename a department or another government entity; or\nabolish a department or another government entity.\n- (a) establish a department or another government entity; or\n- (b) amalgamate departments or other government entities; or\n- (c) add a government entity to a department or another government entity; or\n- (d) divide a department or another government entity; or\n- (e) name or rename a department or another government entity; or\n- (f) abolish a department or another government entity.","sortOrder":264},{"sectionNumber":"sec.199","sectionType":"section","heading":"Declaration of functions","content":"### sec.199 Declaration of functions\n\nThe Governor in Council may, by gazette notice, declare—\nthe functions of a department or another government entity; or\nthe functions that are included or not included in the functions of a department or another government entity.\n- (a) the functions of a department or another government entity; or\n- (b) the functions that are included or not included in the functions of a department or another government entity.","sortOrder":265},{"sectionNumber":"sec.200","sectionType":"section","heading":"Changes relating to functions","content":"### sec.200 Changes relating to functions\n\nThe Governor in Council may, by gazette notice—\ngive a function to a department or another government entity; or\nchange or discontinue a function given to a department or another government entity; or\ntransfer a function given to a department or another government entity to a different government entity.\n- (a) give a function to a department or another government entity; or\n- (b) change or discontinue a function given to a department or another government entity; or\n- (c) transfer a function given to a department or another government entity to a different government entity.","sortOrder":266},{"sectionNumber":"sec.201","sectionType":"section","heading":"Other powers","content":"### sec.201 Other powers\n\nThe Governor in Council may, by gazette notice or regulation, prescribe anything necessary or convenient to be prescribed—\nto enable the making of a part 2 gazette notice; or\nfor carrying out or giving effect to a part 2 gazette notice; or\nbecause of the making of a part 2 gazette notice.\nThe Governor in Council may do anything else the Governor in Council considers necessary or convenient to be done—\nto enable the making of a part 2 gazette notice; or\nto carry out or give effect to a part 2 gazette notice; or\nbecause of the making of a part 2 gazette notice.\ntransferring public service employees from a department to another department\nIn this section—\npart 2 gazette notice means a gazette notice under this part, other than under this section.\n(sec.201-ssec.1) The Governor in Council may, by gazette notice or regulation, prescribe anything necessary or convenient to be prescribed— to enable the making of a part 2 gazette notice; or for carrying out or giving effect to a part 2 gazette notice; or because of the making of a part 2 gazette notice.\n(sec.201-ssec.2) The Governor in Council may do anything else the Governor in Council considers necessary or convenient to be done— to enable the making of a part 2 gazette notice; or to carry out or give effect to a part 2 gazette notice; or because of the making of a part 2 gazette notice. transferring public service employees from a department to another department\n(sec.201-ssec.3) In this section— part 2 gazette notice means a gazette notice under this part, other than under this section.\n- (a) to enable the making of a part 2 gazette notice; or\n- (b) for carrying out or giving effect to a part 2 gazette notice; or\n- (c) because of the making of a part 2 gazette notice.\n- (a) to enable the making of a part 2 gazette notice; or\n- (b) to carry out or give effect to a part 2 gazette notice; or\n- (c) because of the making of a part 2 gazette notice.","sortOrder":267},{"sectionNumber":"sec.202","sectionType":"section","heading":"Provision for public service employees and amalgamations","content":"### sec.202 Provision for public service employees and amalgamations\n\nThis section applies if a department (the first department ) or a part of the first department is amalgamated with another department or a part of another department.\nAll public service employees in the first department, or the part of the first department, become employed in the other department unless the Governor in Council decides otherwise.\nThe following apply for each of the public service employees—\nthe employee retains and is entitled to all rights, benefits and entitlements that have accrued to the person because of the person’s previous employment in the first department, including, for example, accrued leave;\nthe employee’s continuity of service is not interrupted, provided that the employee is not entitled to claim a right, benefit or entitlement more than once in relation to the same period of service;\nthe employee’s employment in the other department does not constitute a termination of employment or a retrenchment or redundancy;\nthe employee is not entitled to a payment or other benefit because the employee is no longer employed in the first department.\n(sec.202-ssec.1) This section applies if a department (the first department ) or a part of the first department is amalgamated with another department or a part of another department.\n(sec.202-ssec.2) All public service employees in the first department, or the part of the first department, become employed in the other department unless the Governor in Council decides otherwise.\n(sec.202-ssec.3) The following apply for each of the public service employees— the employee retains and is entitled to all rights, benefits and entitlements that have accrued to the person because of the person’s previous employment in the first department, including, for example, accrued leave; the employee’s continuity of service is not interrupted, provided that the employee is not entitled to claim a right, benefit or entitlement more than once in relation to the same period of service; the employee’s employment in the other department does not constitute a termination of employment or a retrenchment or redundancy; the employee is not entitled to a payment or other benefit because the employee is no longer employed in the first department.\n- (a) the employee retains and is entitled to all rights, benefits and entitlements that have accrued to the person because of the person’s previous employment in the first department, including, for example, accrued leave;\n- (b) the employee’s continuity of service is not interrupted, provided that the employee is not entitled to claim a right, benefit or entitlement more than once in relation to the same period of service;\n- (c) the employee’s employment in the other department does not constitute a termination of employment or a retrenchment or redundancy;\n- (d) the employee is not entitled to a payment or other benefit because the employee is no longer employed in the first department.","sortOrder":268},{"sectionNumber":"sec.203","sectionType":"section","heading":"Existence of separate government entities not affected","content":"### sec.203 Existence of separate government entities not affected\n\nThis section applies if another Act establishes a government entity as a separate entity or regulates the existence of an entity as a government entity.\nTo remove any doubt, it is declared that a gazette notice under this part does not have any effect on the government entity’s separate existence.\n(sec.203-ssec.1) This section applies if another Act establishes a government entity as a separate entity or regulates the existence of an entity as a government entity.\n(sec.203-ssec.2) To remove any doubt, it is declared that a gazette notice under this part does not have any effect on the government entity’s separate existence.","sortOrder":269},{"sectionNumber":"ch.6-pt.3","sectionType":"part","heading":"Public Sector Commission","content":"# Public Sector Commission","sortOrder":270},{"sectionNumber":"sec.204","sectionType":"section","heading":"Continuation of commission","content":"### sec.204 Continuation of commission\n\nThe Public Service Commission established under the repealed Public Service Act 2008 is continued in existence under the name Public Sector Commission (the commission ).\n(sec.204-ssec) The Public Service Commission established under the repealed Public Service Act 2008 is continued in existence under the name Public Sector Commission (the commission ).","sortOrder":271},{"sectionNumber":"sec.205","sectionType":"section","heading":"Membership","content":"### sec.205 Membership\n\nThe commission consists of the following persons—\nthe commissioner;\neach special commissioner;\nthe staff members of the commission.\n- (a) the commissioner;\n- (b) each special commissioner;\n- (c) the staff members of the commission.","sortOrder":272},{"sectionNumber":"sec.206","sectionType":"section","heading":"Commission represents State","content":"### sec.206 Commission represents State\n\nThe commission represents the State.\nWithout limiting subsection (1) , the commission has the privileges and immunities of the State.\n(sec.206-ssec.1) The commission represents the State.\n(sec.206-ssec.2) Without limiting subsection (1) , the commission has the privileges and immunities of the State.","sortOrder":273},{"sectionNumber":"sec.207","sectionType":"section","heading":"Functions","content":"### sec.207 Functions\n\nThe main function of the commission is to support the implementation and consistent application of this Act.\nWithout limiting subsection (1) , the commission has the following functions—\nto provide system leadership and stewardship of the public sector;\nto build and maintain the capability and capacity of the public sector, including, for example, the capability of human resource management in the public sector;\nto promote equity, diversity, respect and inclusion in the public sector;\nto enhance and promote a culture of integrity and ethical behaviour and decision-making across the public sector;\nto promote a culture of continuous improvement and support to public sector entities to identify and manage workforce issues;\nto build leadership capability and facilitate the development of a highly skilled chief executive service and senior executive service, including, for example, through the use of mobility arrangements;\nto support agencies to develop the capability of the public sector to serve the people of Queensland and the State government efficiently and effectively;\nto promote the public sector principles;\nto report, at least annually, to the Minister on the application of the public sector principles within public service entities, including to report on the following—\nthe application of the principles, as a whole, within public service entities as a whole;\nthe application of only 1 or more of the principles within public service entities as a whole or a part of the public service;\nthe application of 1 or more of the principles for a specific purpose or to a specific group of persons;\nto enhance the public sector’s leadership and management capabilities in relation to disciplinary matters;\nto facilitate the purposes of the chief executive service, and the purposes of the senior executive service and senior officer positions;\nto support the council to perform its functions under this Act;\nto monitor, and report to the council about, the workforce profile of the public service.\nThe commission also has the functions given to it under this Act or another Act.\n(sec.207-ssec.1) The main function of the commission is to support the implementation and consistent application of this Act.\n(sec.207-ssec.2) Without limiting subsection (1) , the commission has the following functions— to provide system leadership and stewardship of the public sector; to build and maintain the capability and capacity of the public sector, including, for example, the capability of human resource management in the public sector; to promote equity, diversity, respect and inclusion in the public sector; to enhance and promote a culture of integrity and ethical behaviour and decision-making across the public sector; to promote a culture of continuous improvement and support to public sector entities to identify and manage workforce issues; to build leadership capability and facilitate the development of a highly skilled chief executive service and senior executive service, including, for example, through the use of mobility arrangements; to support agencies to develop the capability of the public sector to serve the people of Queensland and the State government efficiently and effectively; to promote the public sector principles; to report, at least annually, to the Minister on the application of the public sector principles within public service entities, including to report on the following— the application of the principles, as a whole, within public service entities as a whole; the application of only 1 or more of the principles within public service entities as a whole or a part of the public service; the application of 1 or more of the principles for a specific purpose or to a specific group of persons; to enhance the public sector’s leadership and management capabilities in relation to disciplinary matters; to facilitate the purposes of the chief executive service, and the purposes of the senior executive service and senior officer positions; to support the council to perform its functions under this Act; to monitor, and report to the council about, the workforce profile of the public service.\n(sec.207-ssec.3) The commission also has the functions given to it under this Act or another Act.\n- (a) to provide system leadership and stewardship of the public sector;\n- (b) to build and maintain the capability and capacity of the public sector, including, for example, the capability of human resource management in the public sector;\n- (c) to promote equity, diversity, respect and inclusion in the public sector;\n- (d) to enhance and promote a culture of integrity and ethical behaviour and decision-making across the public sector;\n- (e) to promote a culture of continuous improvement and support to public sector entities to identify and manage workforce issues;\n- (f) to build leadership capability and facilitate the development of a highly skilled chief executive service and senior executive service, including, for example, through the use of mobility arrangements;\n- (g) to support agencies to develop the capability of the public sector to serve the people of Queensland and the State government efficiently and effectively;\n- (h) to promote the public sector principles;\n- (i) to report, at least annually, to the Minister on the application of the public sector principles within public service entities, including to report on the following— (i) the application of the principles, as a whole, within public service entities as a whole; (ii) the application of only 1 or more of the principles within public service entities as a whole or a part of the public service; (iii) the application of 1 or more of the principles for a specific purpose or to a specific group of persons;\n- (i) the application of the principles, as a whole, within public service entities as a whole;\n- (ii) the application of only 1 or more of the principles within public service entities as a whole or a part of the public service;\n- (iii) the application of 1 or more of the principles for a specific purpose or to a specific group of persons;\n- (j) to enhance the public sector’s leadership and management capabilities in relation to disciplinary matters;\n- (k) to facilitate the purposes of the chief executive service, and the purposes of the senior executive service and senior officer positions;\n- (l) to support the council to perform its functions under this Act;\n- (m) to monitor, and report to the council about, the workforce profile of the public service.\n- (i) the application of the principles, as a whole, within public service entities as a whole;\n- (ii) the application of only 1 or more of the principles within public service entities as a whole or a part of the public service;\n- (iii) the application of 1 or more of the principles for a specific purpose or to a specific group of persons;","sortOrder":274},{"sectionNumber":"sec.208","sectionType":"section","heading":"Powers","content":"### sec.208 Powers\n\nThe commission has the power to do anything necessary or convenient to be done for the performance of the commission’s functions.\nThe commission also has the powers given to the commission under this Act or another Act.\n(sec.208-ssec.1) The commission has the power to do anything necessary or convenient to be done for the performance of the commission’s functions.\n(sec.208-ssec.2) The commission also has the powers given to the commission under this Act or another Act.","sortOrder":275},{"sectionNumber":"sec.209","sectionType":"section","heading":"Staff members of commission","content":"### sec.209 Staff members of commission\n\nThe commissioner may employ, under chapter 4 or 5 , the persons the commissioner considers necessary to perform the commission’s functions.","sortOrder":276},{"sectionNumber":"sec.210","sectionType":"section","heading":"Staff member subject to direction by commissioner","content":"### sec.210 Staff member subject to direction by commissioner\n\nA staff member of the commission is subject to the direction of the commissioner relating to the performance of the commission’s functions.","sortOrder":277},{"sectionNumber":"sec.211","sectionType":"section","heading":"Agents","content":"### sec.211 Agents\n\nTo meet temporary circumstances, the commissioner may engage suitably qualified persons to provide the commission with services, information and advice.\nA person engaged under subsection (1) is engaged on the terms and conditions decided by the commissioner and not under this Act.\n(sec.211-ssec.1) To meet temporary circumstances, the commissioner may engage suitably qualified persons to provide the commission with services, information and advice.\n(sec.211-ssec.2) A person engaged under subsection (1) is engaged on the terms and conditions decided by the commissioner and not under this Act.","sortOrder":278},{"sectionNumber":"ch.6-pt.4","sectionType":"part","heading":"Public Sector Commissioner","content":"# Public Sector Commissioner","sortOrder":279},{"sectionNumber":"sec.212","sectionType":"section","heading":"Appointment","content":"### sec.212 Appointment\n\nThe Governor in Council may, on the recommendation of the Minister, appoint an appropriately qualified person as the Public Sector Commissioner (the commissioner ).\nThe commissioner is the chief executive of the commission.\n(sec.212-ssec.1) The Governor in Council may, on the recommendation of the Minister, appoint an appropriately qualified person as the Public Sector Commissioner (the commissioner ).\n(sec.212-ssec.2) The commissioner is the chief executive of the commission.","sortOrder":280},{"sectionNumber":"sec.213","sectionType":"section","heading":"Disqualification as commissioner","content":"### sec.213 Disqualification as commissioner\n\nA person is disqualified from being appointed, or continuing as, the commissioner if the person is a disqualified person.","sortOrder":281},{"sectionNumber":"sec.214","sectionType":"section","heading":"Term","content":"### sec.214 Term\n\nThe commissioner holds office for the term stated in the commissioner’s instrument of appointment.\nThe stated term must not be more than 5 years.\nThe commissioner may be reappointed.\n(sec.214-ssec.1) The commissioner holds office for the term stated in the commissioner’s instrument of appointment.\n(sec.214-ssec.2) The stated term must not be more than 5 years.\n(sec.214-ssec.3) The commissioner may be reappointed.","sortOrder":282},{"sectionNumber":"sec.215","sectionType":"section","heading":"Remuneration and conditions","content":"### sec.215 Remuneration and conditions\n\nThe commissioner is entitled to be paid the remuneration and allowances decided by the Governor in Council.\nThe Governor in Council may remove the commissioner from office only if the commissioner—\nhas engaged in misconduct; or\nhas become incapable of performing the commissioner’s functions because of mental or physical incapacity; or\nhas neglected the commissioner’s duties or performed the commissioner’s functions incompetently.\nThe remuneration to which the commissioner is entitled must not be reduced during the commissioner’s term of office without the commissioner’s written consent.\nThe commissioner holds office on the terms and conditions, not provided for by this Act, that are approved by the Governor in Council.\nDespite section 38 , chapter 3 , part 8 , divisions 3 and 5 do not apply to the commissioner.\nIn this section—\nmisconduct means—\ninappropriate or improper conduct in an official capacity; or\ninappropriate or improper conduct in a private capacity that reflects seriously and adversely on the office of commissioner.\ns 215 amd 2024 No. 53 s 42\n(sec.215-ssec.1) The commissioner is entitled to be paid the remuneration and allowances decided by the Governor in Council.\n(sec.215-ssec.2) The Governor in Council may remove the commissioner from office only if the commissioner— has engaged in misconduct; or has become incapable of performing the commissioner’s functions because of mental or physical incapacity; or has neglected the commissioner’s duties or performed the commissioner’s functions incompetently.\n(sec.215-ssec.3) The remuneration to which the commissioner is entitled must not be reduced during the commissioner’s term of office without the commissioner’s written consent.\n(sec.215-ssec.4) The commissioner holds office on the terms and conditions, not provided for by this Act, that are approved by the Governor in Council.\n(sec.215-ssec.5) Despite section 38 , chapter 3 , part 8 , divisions 3 and 5 do not apply to the commissioner.\n(sec.215-ssec.6) In this section— misconduct means— inappropriate or improper conduct in an official capacity; or inappropriate or improper conduct in a private capacity that reflects seriously and adversely on the office of commissioner.\n- (a) has engaged in misconduct; or\n- (b) has become incapable of performing the commissioner’s functions because of mental or physical incapacity; or\n- (c) has neglected the commissioner’s duties or performed the commissioner’s functions incompetently.\n- (a) inappropriate or improper conduct in an official capacity; or\n- (b) inappropriate or improper conduct in a private capacity that reflects seriously and adversely on the office of commissioner.","sortOrder":283},{"sectionNumber":"sec.216","sectionType":"section","heading":"Vacancy in office","content":"### sec.216 Vacancy in office\n\nThe office of the commissioner becomes vacant if—\nthe commissioner—\ncompletes a term of office and is not reappointed; or\nresigns by signed notice, giving at least 1 month’s notice, given to the Minister; or\nbecomes a disqualified person; or\nis removed from office under section 215 (2) ; or\nthe office otherwise becomes vacant under the instrument of appointment or under the terms and conditions mentioned in section 215 (4) .\ns 216 sub 2024 No. 53 s 43\n- (a) the commissioner— (i) completes a term of office and is not reappointed; or (ii) resigns by signed notice, giving at least 1 month’s notice, given to the Minister; or (iii) becomes a disqualified person; or (iv) is removed from office under section 215 (2) ; or\n- (i) completes a term of office and is not reappointed; or\n- (ii) resigns by signed notice, giving at least 1 month’s notice, given to the Minister; or\n- (iii) becomes a disqualified person; or\n- (iv) is removed from office under section 215 (2) ; or\n- (b) the office otherwise becomes vacant under the instrument of appointment or under the terms and conditions mentioned in section 215 (4) .\n- (i) completes a term of office and is not reappointed; or\n- (ii) resigns by signed notice, giving at least 1 month’s notice, given to the Minister; or\n- (iii) becomes a disqualified person; or\n- (iv) is removed from office under section 215 (2) ; or","sortOrder":284},{"sectionNumber":"sec.217","sectionType":"section","heading":"Functions and responsibilities of commissioner","content":"### sec.217 Functions and responsibilities of commissioner\n\nThe main function of the commissioner is to ensure the effective and efficient administration and operation of the commission and the performance of its functions.\nWithout limiting subsection (1) , the commissioner has the following functions—\nto provide stewardship of the public sector’s workforce;\nto make directives;\nto support the council to perform its functions under this Act;\nto approve the initial appointment of senior executives;\nto support the development of senior executives and senior officers;\nto conduct public sector reviews;\nto establish and implement goals and objectives in accordance with government policies and priorities;\nto manage the commission in a way that promotes the effective, efficient and appropriate management of public resources while ensuring appropriate accountability for ethical standards and effective management and leadership of human resources;\nto manage the following matters for staff members of the commission—\nthe total number;\ntypes of positions;\nroles associated with positions;\nclassification levels;\ndesignation of roles;\nto manage workforce and human resources planning and practices;\nto adopt management practices that are responsive to government policies and priorities;\nto pro-actively manage the work performance and personal conduct of staff members of the commission;\nto implement policies and practices about access and equity to ensure maximum access by members of the community to government programs and to appropriate avenues for review;\nto perform functions under chapter 2 relating to equity, diversity, respect and inclusion;\nto perform other functions as directed by the Minister.\nThe commissioner also has the functions given to the commissioner under this Act or another Act.\n(sec.217-ssec.1) The main function of the commissioner is to ensure the effective and efficient administration and operation of the commission and the performance of its functions.\n(sec.217-ssec.2) Without limiting subsection (1) , the commissioner has the following functions— to provide stewardship of the public sector’s workforce; to make directives; to support the council to perform its functions under this Act; to approve the initial appointment of senior executives; to support the development of senior executives and senior officers; to conduct public sector reviews; to establish and implement goals and objectives in accordance with government policies and priorities; to manage the commission in a way that promotes the effective, efficient and appropriate management of public resources while ensuring appropriate accountability for ethical standards and effective management and leadership of human resources; to manage the following matters for staff members of the commission— the total number; types of positions; roles associated with positions; classification levels; designation of roles; to manage workforce and human resources planning and practices; to adopt management practices that are responsive to government policies and priorities; to pro-actively manage the work performance and personal conduct of staff members of the commission; to implement policies and practices about access and equity to ensure maximum access by members of the community to government programs and to appropriate avenues for review; to perform functions under chapter 2 relating to equity, diversity, respect and inclusion; to perform other functions as directed by the Minister.\n(sec.217-ssec.3) The commissioner also has the functions given to the commissioner under this Act or another Act.\n- (a) to provide stewardship of the public sector’s workforce;\n- (b) to make directives;\n- (c) to support the council to perform its functions under this Act;\n- (d) to approve the initial appointment of senior executives;\n- (e) to support the development of senior executives and senior officers;\n- (f) to conduct public sector reviews;\n- (g) to establish and implement goals and objectives in accordance with government policies and priorities;\n- (h) to manage the commission in a way that promotes the effective, efficient and appropriate management of public resources while ensuring appropriate accountability for ethical standards and effective management and leadership of human resources;\n- (i) to manage the following matters for staff members of the commission— (i) the total number; (ii) types of positions; (iii) roles associated with positions; (iv) classification levels; (v) designation of roles;\n- (i) the total number;\n- (ii) types of positions;\n- (iii) roles associated with positions;\n- (iv) classification levels;\n- (v) designation of roles;\n- (j) to manage workforce and human resources planning and practices;\n- (k) to adopt management practices that are responsive to government policies and priorities;\n- (l) to pro-actively manage the work performance and personal conduct of staff members of the commission;\n- (m) to implement policies and practices about access and equity to ensure maximum access by members of the community to government programs and to appropriate avenues for review;\n- (n) to perform functions under chapter 2 relating to equity, diversity, respect and inclusion;\n- (o) to perform other functions as directed by the Minister.\n- (i) the total number;\n- (ii) types of positions;\n- (iii) roles associated with positions;\n- (iv) classification levels;\n- (v) designation of roles;","sortOrder":285},{"sectionNumber":"sec.218","sectionType":"section","heading":"Powers","content":"### sec.218 Powers\n\nThe commissioner has the power to do anything necessary or convenient to be done for the performance of the commissioner’s functions.\nThe commissioner also has the powers given to the commissioner under this Act or another Act.\n(sec.218-ssec.1) The commissioner has the power to do anything necessary or convenient to be done for the performance of the commissioner’s functions.\n(sec.218-ssec.2) The commissioner also has the powers given to the commissioner under this Act or another Act.","sortOrder":286},{"sectionNumber":"sec.219","sectionType":"section","heading":"Acting as commissioner","content":"### sec.219 Acting as commissioner\n\nThe Minister may appoint a person to act as the commissioner during any period or all periods when—\nthere is a vacancy in the office; or\nthe commissioner is absent from duty or is, for another reason, unable to perform the functions of the commissioner.\nIt does not matter whether the appointee is or is not already a public service officer.\n(sec.219-ssec.1) The Minister may appoint a person to act as the commissioner during any period or all periods when— there is a vacancy in the office; or the commissioner is absent from duty or is, for another reason, unable to perform the functions of the commissioner.\n(sec.219-ssec.2) It does not matter whether the appointee is or is not already a public service officer.\n- (a) there is a vacancy in the office; or\n- (b) the commissioner is absent from duty or is, for another reason, unable to perform the functions of the commissioner.","sortOrder":287},{"sectionNumber":"sec.220","sectionType":"section","heading":"Preservation of rights","content":"### sec.220 Preservation of rights\n\nThis section applies if a public service officer is appointed as the commissioner.\nThe person keeps all rights and entitlements accrued or accruing to the person as a public service officer as if service as the commissioner were a continuation of service as a public service officer.\nAt the end of the person’s term of office or on resignation as the commissioner, the person’s service as the commissioner is taken to be service of a like nature in the public service for deciding the person’s rights and entitlements as a public service officer.\n(sec.220-ssec.1) This section applies if a public service officer is appointed as the commissioner.\n(sec.220-ssec.2) The person keeps all rights and entitlements accrued or accruing to the person as a public service officer as if service as the commissioner were a continuation of service as a public service officer.\n(sec.220-ssec.3) At the end of the person’s term of office or on resignation as the commissioner, the person’s service as the commissioner is taken to be service of a like nature in the public service for deciding the person’s rights and entitlements as a public service officer.","sortOrder":288},{"sectionNumber":"ch.6-pt.5","sectionType":"part","heading":"Directives","content":"# Directives","sortOrder":289},{"sectionNumber":"sec.221","sectionType":"section","heading":"Directive binding","content":"### sec.221 Directive binding\n\nA directive binds each person to whom the directive applies.\nSubsection (1) is not limited by, and does not limit, another provision of this Act that provides a person must comply with a particular directive.\n(sec.221-ssec.1) A directive binds each person to whom the directive applies.\n(sec.221-ssec.2) Subsection (1) is not limited by, and does not limit, another provision of this Act that provides a person must comply with a particular directive.","sortOrder":290},{"sectionNumber":"sec.222","sectionType":"section","heading":"Making of directive—commissioner","content":"### sec.222 Making of directive—commissioner\n\nThe commissioner may make a directive about—\na matter mentioned in section 4 , 207 or 217 ; or\na matter relating to equity, diversity, respect or inclusion under chapter 2\na matter relating to the employment arrangements of public sector employees under chapter 3\na matter relating to the employment of public service employees under chapter 4 or 5\nthe overall employment conditions of the following types of public service employees—\nan officer employed on a contract for a fixed term whose remuneration is at least the remuneration payable to a senior officer;\na senior officer;\na senior executive;\na chief executive; or\nthe overall employment conditions of a public sector executive; or\nany other matter for which this Act expressly provides.\nHowever, the commissioner can not make a directive about the overall employment conditions of a public sector employee who is covered by an industrial instrument.\nAfter the commissioner makes a directive, the commissioner must publish the directive on a Queensland government website.\n(sec.222-ssec.1) The commissioner may make a directive about— a matter mentioned in section 4 , 207 or 217 ; or a matter relating to equity, diversity, respect or inclusion under chapter 2 a matter relating to the employment arrangements of public sector employees under chapter 3 a matter relating to the employment of public service employees under chapter 4 or 5 the overall employment conditions of the following types of public service employees— an officer employed on a contract for a fixed term whose remuneration is at least the remuneration payable to a senior officer; a senior officer; a senior executive; a chief executive; or the overall employment conditions of a public sector executive; or any other matter for which this Act expressly provides.\n(sec.222-ssec.2) However, the commissioner can not make a directive about the overall employment conditions of a public sector employee who is covered by an industrial instrument.\n(sec.222-ssec.3) After the commissioner makes a directive, the commissioner must publish the directive on a Queensland government website.\n- (a) a matter mentioned in section 4 , 207 or 217 ; or Examples of matters a directive may be about— • a matter relating to equity, diversity, respect or inclusion under chapter 2 • a matter relating to the employment arrangements of public sector employees under chapter 3 • a matter relating to the employment of public service employees under chapter 4 or 5\n- • a matter relating to equity, diversity, respect or inclusion under chapter 2\n- • a matter relating to the employment arrangements of public sector employees under chapter 3\n- • a matter relating to the employment of public service employees under chapter 4 or 5\n- (b) the overall employment conditions of the following types of public service employees— (i) an officer employed on a contract for a fixed term whose remuneration is at least the remuneration payable to a senior officer; (ii) a senior officer; (iii) a senior executive; (iv) a chief executive; or\n- (i) an officer employed on a contract for a fixed term whose remuneration is at least the remuneration payable to a senior officer;\n- (ii) a senior officer;\n- (iii) a senior executive;\n- (iv) a chief executive; or\n- (c) the overall employment conditions of a public sector executive; or\n- (d) any other matter for which this Act expressly provides.\n- • a matter relating to equity, diversity, respect or inclusion under chapter 2\n- • a matter relating to the employment arrangements of public sector employees under chapter 3\n- • a matter relating to the employment of public service employees under chapter 4 or 5\n- (i) an officer employed on a contract for a fixed term whose remuneration is at least the remuneration payable to a senior officer;\n- (ii) a senior officer;\n- (iii) a senior executive;\n- (iv) a chief executive; or","sortOrder":291},{"sectionNumber":"sec.223","sectionType":"section","heading":"Making of directive—industrial relations Minister","content":"### sec.223 Making of directive—industrial relations Minister\n\nThe industrial relations Minister may make a directive about the overall employment conditions of public sector employees.\nHowever, the industrial relations Minister can not make a directive about the overall employment conditions of a public sector employee mentioned in section 222 (1) (b) or (c) .\nAfter the industrial relations Minister makes a directive, the industrial relations Minister must publish the directive on a Queensland government website.\nTo remove any doubt, it is declared that the industrial relations Minister can make a directive about the overall employment conditions of a public sector employee who is covered by an industrial instrument.\n(sec.223-ssec.1) The industrial relations Minister may make a directive about the overall employment conditions of public sector employees.\n(sec.223-ssec.2) However, the industrial relations Minister can not make a directive about the overall employment conditions of a public sector employee mentioned in section 222 (1) (b) or (c) .\n(sec.223-ssec.3) After the industrial relations Minister makes a directive, the industrial relations Minister must publish the directive on a Queensland government website.\n(sec.223-ssec.4) To remove any doubt, it is declared that the industrial relations Minister can make a directive about the overall employment conditions of a public sector employee who is covered by an industrial instrument.","sortOrder":292},{"sectionNumber":"sec.224","sectionType":"section","heading":"Consultation for directives","content":"### sec.224 Consultation for directives\n\nThis section applies if the commissioner or the industrial relations Minister proposes to make a directive that affects—\na public sector entity; or\npublic sector employees who are entitled to be represented by an employee organisation.\nThe commissioner or the industrial relations Minister must consult with the following entities about the making of the proposed directive—\nfor subsection (1) (a) —the public sector entity;\nfor subsection (1) (b) —the employee organisation.\nA failure to comply with subsection (2) does not invalidate or otherwise affect the directive, if the commissioner or industrial relations Minister made a reasonable attempt to comply with the subsection.\n(sec.224-ssec.1) This section applies if the commissioner or the industrial relations Minister proposes to make a directive that affects— a public sector entity; or public sector employees who are entitled to be represented by an employee organisation.\n(sec.224-ssec.2) The commissioner or the industrial relations Minister must consult with the following entities about the making of the proposed directive— for subsection (1) (a) —the public sector entity; for subsection (1) (b) —the employee organisation.\n(sec.224-ssec.3) A failure to comply with subsection (2) does not invalidate or otherwise affect the directive, if the commissioner or industrial relations Minister made a reasonable attempt to comply with the subsection.\n- (a) a public sector entity; or\n- (b) public sector employees who are entitled to be represented by an employee organisation.\n- (a) for subsection (1) (a) —the public sector entity;\n- (b) for subsection (1) (b) —the employee organisation.","sortOrder":293},{"sectionNumber":"sec.225","sectionType":"section","heading":"Advice about making directive","content":"### sec.225 Advice about making directive\n\nIn making a directive, the commissioner or the industrial relations Minister must consider any advice given to the other about improving the public sector’s effectiveness and efficiency.","sortOrder":294},{"sectionNumber":"sec.226","sectionType":"section","heading":"Joint directives","content":"### sec.226 Joint directives\n\nNothing in this Act or the Industrial Relations Act 2016 prevents the commissioner and the industrial relations Minister from making a joint directive.","sortOrder":295},{"sectionNumber":"sec.227","sectionType":"section","heading":"Directive may apply Act to public sector employees","content":"### sec.227 Directive may apply Act to public sector employees\n\nA directive may apply a provision of this Act to a public sector employee in the following ways (the directive’s application )—\nas if the employee were a public service officer;\nwith necessary changes and any other changes prescribed under a directive of the commissioner.\nThe directive may prescribe anything necessary or convenient—\nto make the directive or for its application; or\nto carry out or give effect to the directive or its application; or\nbecause of the making of the directive or its application.\n(sec.227-ssec.1) A directive may apply a provision of this Act to a public sector employee in the following ways (the directive’s application )— as if the employee were a public service officer; with necessary changes and any other changes prescribed under a directive of the commissioner.\n(sec.227-ssec.2) The directive may prescribe anything necessary or convenient— to make the directive or for its application; or to carry out or give effect to the directive or its application; or because of the making of the directive or its application.\n- (a) as if the employee were a public service officer;\n- (b) with necessary changes and any other changes prescribed under a directive of the commissioner.\n- (a) to make the directive or for its application; or\n- (b) to carry out or give effect to the directive or its application; or\n- (c) because of the making of the directive or its application.","sortOrder":296},{"sectionNumber":"sec.228","sectionType":"section","heading":"Relationship with legislation","content":"### sec.228 Relationship with legislation\n\nIf a directive is inconsistent with an Act or subordinate legislation, the Act or subordinate legislation prevails over the directive to the extent of any inconsistency.\nFor subsection (1) , a directive is not inconsistent with an Act or subordinate legislation to the extent the directive is at least as favourable as the Act or subordinate legislation.\n(sec.228-ssec.1) If a directive is inconsistent with an Act or subordinate legislation, the Act or subordinate legislation prevails over the directive to the extent of any inconsistency.\n(sec.228-ssec.2) For subsection (1) , a directive is not inconsistent with an Act or subordinate legislation to the extent the directive is at least as favourable as the Act or subordinate legislation.","sortOrder":297},{"sectionNumber":"sec.229","sectionType":"section","heading":"Relationship with industrial instrument","content":"### sec.229 Relationship with industrial instrument\n\nThis section applies if a directive deals with a matter all or part of which is dealt with under an industrial instrument.\nThe industrial instrument prevails over the directive to the extent of any inconsistency.\nFor subsection (2) , a directive is not inconsistent with an industrial instrument to the extent the overall employment conditions provided for in the directive are at least as favourable as the overall employment conditions provided for in the industrial instrument.\nIn this section—\ndirective includes a decision made in the exercise of a discretion under a directive.\n(sec.229-ssec.1) This section applies if a directive deals with a matter all or part of which is dealt with under an industrial instrument.\n(sec.229-ssec.2) The industrial instrument prevails over the directive to the extent of any inconsistency.\n(sec.229-ssec.3) For subsection (2) , a directive is not inconsistent with an industrial instrument to the extent the overall employment conditions provided for in the directive are at least as favourable as the overall employment conditions provided for in the industrial instrument.\n(sec.229-ssec.4) In this section— directive includes a decision made in the exercise of a discretion under a directive.","sortOrder":298},{"sectionNumber":"ch.6-pt.6","sectionType":"part","heading":"Special commissioners","content":"# Special commissioners","sortOrder":299},{"sectionNumber":"sec.230","sectionType":"section","heading":"Appointment","content":"### sec.230 Appointment\n\nThe Governor in Council may, on the recommendation of the Minister, appoint an appropriately qualified person as a special commissioner.","sortOrder":300},{"sectionNumber":"sec.231","sectionType":"section","heading":"Disqualification as special commissioner","content":"### sec.231 Disqualification as special commissioner\n\nA person is disqualified from being appointed, or continuing as, a special commissioner if the person is a disqualified person.","sortOrder":301},{"sectionNumber":"sec.232","sectionType":"section","heading":"Term","content":"### sec.232 Term\n\nA special commissioner holds office for the term stated in the special commissioner’s instrument of appointment.\nThe stated term must not be more than 5 years.\nA special commissioner may be reappointed.\n(sec.232-ssec.1) A special commissioner holds office for the term stated in the special commissioner’s instrument of appointment.\n(sec.232-ssec.2) The stated term must not be more than 5 years.\n(sec.232-ssec.3) A special commissioner may be reappointed.","sortOrder":302},{"sectionNumber":"sec.233","sectionType":"section","heading":"Remuneration and conditions","content":"### sec.233 Remuneration and conditions\n\nA person appointed as a special commissioner must enter into a written contract of employment with the Minister.\nA special commissioner is to be paid the remuneration and allowances decided by the Governor in Council.\nThe appointment and contract of employment may be terminated by the Governor in Council by signed notice given by the Minister to the special commissioner at least 1 month before the notice is to take effect.\nThe remuneration to which a special commissioner is entitled must not be reduced during the special commissioner’s term of office without the special commissioner’s written consent.\nA special commissioner holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.\n(sec.233-ssec.1) A person appointed as a special commissioner must enter into a written contract of employment with the Minister.\n(sec.233-ssec.2) A special commissioner is to be paid the remuneration and allowances decided by the Governor in Council.\n(sec.233-ssec.3) The appointment and contract of employment may be terminated by the Governor in Council by signed notice given by the Minister to the special commissioner at least 1 month before the notice is to take effect.\n(sec.233-ssec.4) The remuneration to which a special commissioner is entitled must not be reduced during the special commissioner’s term of office without the special commissioner’s written consent.\n(sec.233-ssec.5) A special commissioner holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.","sortOrder":303},{"sectionNumber":"sec.234","sectionType":"section","heading":"Vacancy in office","content":"### sec.234 Vacancy in office\n\nThe office of a special commissioner becomes vacant if—\nthe special commissioner—\ncompletes a term of office and is not reappointed; or\nresigns by signed notice, giving at least 1 month’s notice, given to the Minister; or\nbecomes a disqualified person; or\nthe appointment and contract of employment of the special commissioner is terminated under section 233 (3) .\n- (a) the special commissioner— (i) completes a term of office and is not reappointed; or (ii) resigns by signed notice, giving at least 1 month’s notice, given to the Minister; or (iii) becomes a disqualified person; or\n- (i) completes a term of office and is not reappointed; or\n- (ii) resigns by signed notice, giving at least 1 month’s notice, given to the Minister; or\n- (iii) becomes a disqualified person; or\n- (b) the appointment and contract of employment of the special commissioner is terminated under section 233 (3) .\n- (i) completes a term of office and is not reappointed; or\n- (ii) resigns by signed notice, giving at least 1 month’s notice, given to the Minister; or\n- (iii) becomes a disqualified person; or","sortOrder":304},{"sectionNumber":"sec.235","sectionType":"section","heading":"Conflicts of interest","content":"### sec.235 Conflicts of interest\n\nIf a special commissioner has an interest that conflicts or may conflict with the discharge of the special commissioner’s responsibilities, the special commissioner—\nmust disclose the nature of the interest and conflict to the Minister as soon as practicable after the relevant facts come to the special commissioner’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 the Minister.\nThe Minister may direct a special commissioner to resolve a conflict or possible conflict between an interest of the special commissioner and the special commissioner’s responsibilities.\n(sec.235-ssec.1) If a special commissioner has an interest that conflicts or may conflict with the discharge of the special commissioner’s responsibilities, the special commissioner— must disclose the nature of the interest and conflict to the Minister as soon as practicable after the relevant facts come to the special commissioner’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 the Minister.\n(sec.235-ssec.2) The Minister may direct a special commissioner to resolve a conflict or possible conflict between an interest of the special commissioner and the special commissioner’s responsibilities.\n- (a) must disclose the nature of the interest and conflict to the Minister as soon as practicable after the relevant facts come to the special commissioner’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 the Minister.","sortOrder":305},{"sectionNumber":"sec.236","sectionType":"section","heading":"Functions","content":"### sec.236 Functions\n\nThe main functions of a special commissioner are—\nto give advice to the Minister about an area of public sector administration stated in the special commissioner’s instrument of appointment; and\nto promote and develop the effectiveness and efficiency of the public sector by facilitating the development and implementation of public sector-wide policies; and\nto conduct public sector reviews.\nA special commissioner also has the functions given to the special commissioner under this Act or another Act.\n(sec.236-ssec.1) The main functions of a special commissioner are— to give advice to the Minister about an area of public sector administration stated in the special commissioner’s instrument of appointment; and to promote and develop the effectiveness and efficiency of the public sector by facilitating the development and implementation of public sector-wide policies; and to conduct public sector reviews.\n(sec.236-ssec.2) A special commissioner also has the functions given to the special commissioner under this Act or another Act.\n- (a) to give advice to the Minister about an area of public sector administration stated in the special commissioner’s instrument of appointment; and\n- (b) to promote and develop the effectiveness and efficiency of the public sector by facilitating the development and implementation of public sector-wide policies; and\n- (c) to conduct public sector reviews.","sortOrder":306},{"sectionNumber":"sec.237","sectionType":"section","heading":"Powers","content":"### sec.237 Powers\n\nA special commissioner has the power to do anything necessary or convenient to be done for the performance of the special commissioner’s functions.\nA special commissioner also has the powers given to the special commissioner under this Act or another Act.\n(sec.237-ssec.1) A special commissioner has the power to do anything necessary or convenient to be done for the performance of the special commissioner’s functions.\n(sec.237-ssec.2) A special commissioner also has the powers given to the special commissioner under this Act or another Act.","sortOrder":307},{"sectionNumber":"sec.238","sectionType":"section","heading":"Preservation of rights","content":"### sec.238 Preservation of rights\n\nThis section applies if a public service officer is appointed as a special commissioner.\nThe person keeps all rights and entitlements accrued or accruing to the person as a public service officer as if service as a special commissioner were a continuation of service as a public service officer.\nAt the end of the person’s term of office or on resignation as a special commissioner, the person’s service as a special commissioner is taken to be service of a like nature in the public service for deciding the person’s rights and entitlements as a public service officer.\n(sec.238-ssec.1) This section applies if a public service officer is appointed as a special commissioner.\n(sec.238-ssec.2) The person keeps all rights and entitlements accrued or accruing to the person as a public service officer as if service as a special commissioner were a continuation of service as a public service officer.\n(sec.238-ssec.3) At the end of the person’s term of office or on resignation as a special commissioner, the person’s service as a special commissioner is taken to be service of a like nature in the public service for deciding the person’s rights and entitlements as a public service officer.","sortOrder":308},{"sectionNumber":"sec.239","sectionType":"section","heading":"Special commissioner subject to direction of chairperson of council","content":"### sec.239 Special commissioner subject to direction of chairperson of council\n\nA special commissioner is subject to the direction of the chairperson of the council.\nFor this Act, a special commissioner’s chief executive is the chairperson of the council.\n(sec.239-ssec.1) A special commissioner is subject to the direction of the chairperson of the council.\n(sec.239-ssec.2) For this Act, a special commissioner’s chief executive is the chairperson of the council.","sortOrder":309},{"sectionNumber":"ch.6-pt.7","sectionType":"part","heading":"Public Sector Governance Council","content":"# Public Sector Governance Council","sortOrder":310},{"sectionNumber":"sec.240","sectionType":"section","heading":"Establishment","content":"### sec.240 Establishment\n\nThe Public Sector Governance Council (the council ) is established.\n(sec.240-ssec) The Public Sector Governance Council (the council ) is established.","sortOrder":311},{"sectionNumber":"sec.241","sectionType":"section","heading":"Membership","content":"### sec.241 Membership\n\nThe council consists of the following persons (each a member )—\nthe commissioner;\nthe chief executive of the department in which the Parliament of Queensland Act 2001 is administered;\nthe chief executive of the department in which the Financial Accountability Act 2009 is administered;\nany chief executives or special commissioners appointed under section 246 (3) ;\n2 persons appointed under section 242 as community representatives.\n- (a) the commissioner;\n- (b) the chief executive of the department in which the Parliament of Queensland Act 2001 is administered;\n- (c) the chief executive of the department in which the Financial Accountability Act 2009 is administered;\n- (d) any chief executives or special commissioners appointed under section 246 (3) ;\n- (e) 2 persons appointed under section 242 as community representatives.","sortOrder":312},{"sectionNumber":"sec.242","sectionType":"section","heading":"Community representatives","content":"### sec.242 Community representatives\n\nThe Governor in Council may, on the recommendation of the Minister, appoint 2 persons who are not public sector employees as community representatives.\nA person appointed as a community representative holds office for the term stated in the person’s instrument of appointment.\nThe stated term must not be more than 3 years.\nThe person may be reappointed.\nThe person is to be paid the remuneration and allowances, and holds office on the terms and conditions, decided by the Governor in Council.\nThe appointment may be terminated by the Governor in Council by signed notice given by the Minister to the community representative at least 1 month before the notice is to take effect.\n(sec.242-ssec.1) The Governor in Council may, on the recommendation of the Minister, appoint 2 persons who are not public sector employees as community representatives.\n(sec.242-ssec.2) A person appointed as a community representative holds office for the term stated in the person’s instrument of appointment.\n(sec.242-ssec.3) The stated term must not be more than 3 years.\n(sec.242-ssec.4) The person may be reappointed.\n(sec.242-ssec.5) The person is to be paid the remuneration and allowances, and holds office on the terms and conditions, decided by the Governor in Council.\n(sec.242-ssec.6) The appointment may be terminated by the Governor in Council by signed notice given by the Minister to the community representative at least 1 month before the notice is to take effect.","sortOrder":313},{"sectionNumber":"sec.243","sectionType":"section","heading":"Disqualification as community representative","content":"### sec.243 Disqualification as community representative\n\nA person is disqualified from being appointed, or continuing as, a community representative if the person is a disqualified person.","sortOrder":314},{"sectionNumber":"sec.244","sectionType":"section","heading":"Vacancy in office","content":"### sec.244 Vacancy in office\n\nThe office of a community representative becomes vacant if—\nthe community representative—\ncompletes a term of office and is not reappointed; or\nresigns by signed notice, giving at least 1 month’s notice, given to the Minister; or\nbecomes a disqualified person; or\nthe appointment of the community representative is terminated under section 242 (6) .\n- (a) the community representative— (i) completes a term of office and is not reappointed; or (ii) resigns by signed notice, giving at least 1 month’s notice, given to the Minister; or (iii) becomes a disqualified person; or\n- (i) completes a term of office and is not reappointed; or\n- (ii) resigns by signed notice, giving at least 1 month’s notice, given to the Minister; or\n- (iii) becomes a disqualified person; or\n- (b) the appointment of the community representative is terminated under section 242 (6) .\n- (i) completes a term of office and is not reappointed; or\n- (ii) resigns by signed notice, giving at least 1 month’s notice, given to the Minister; or\n- (iii) becomes a disqualified person; or","sortOrder":315},{"sectionNumber":"sec.245","sectionType":"section","heading":"Council represents State","content":"### sec.245 Council represents State\n\nThe council represents the State.\nWithout limiting subsection (1) , the council has the privileges and immunities of the State.\n(sec.245-ssec.1) The council represents the State.\n(sec.245-ssec.2) Without limiting subsection (1) , the council has the privileges and immunities of the State.","sortOrder":316},{"sectionNumber":"sec.246","sectionType":"section","heading":"Chairperson","content":"### sec.246 Chairperson\n\nThe chairperson of the council is the chief executive of the department in which the Parliament of Queensland Act 2001 is administered.\nThe chairperson may appoint another member to act as chairperson in the chairperson’s absence.\nThe chairperson may appoint 1 or more chief executives or special commissioners as members for a period decided by the council.\n(sec.246-ssec.1) The chairperson of the council is the chief executive of the department in which the Parliament of Queensland Act 2001 is administered.\n(sec.246-ssec.2) The chairperson may appoint another member to act as chairperson in the chairperson’s absence.\n(sec.246-ssec.3) The chairperson may appoint 1 or more chief executives or special commissioners as members for a period decided by the council.","sortOrder":317},{"sectionNumber":"sec.247","sectionType":"section","heading":"Functions","content":"### sec.247 Functions\n\nThe main functions of the council are to provide system leadership and stewardship of the public sector and to oversee public sector governance.\nWithout limiting subsection (1) , the council has the following functions—\nto monitor, and advise the Minister on, the performance of the public sector and matters relating to public sector administration and workforce management;\nto foster and recognise excellence, innovation and high performance of public sector employees and work teams;\nto foster a culture of integrity within the public sector;\nto oversee the implementation of policies and programs across the public sector;\nto monitor, and report to the Minister about, the workforce profile of the public sector;\nto promote seamless and integrated policy advice and policy implementation, including, for example, establishing ways for public sector entities to collaborate;\nto oversee the implementation of changes to the machinery of government and resourcing decisions related to the changes;\nto set work programs for each special commissioner;\nto request public sector reviews.\nThe council also has the functions given to it under this Act or another Act.\nIn this section—\nworkforce profile means the demographic categories and other characteristics of a workforce.\n(sec.247-ssec.1) The main functions of the council are to provide system leadership and stewardship of the public sector and to oversee public sector governance.\n(sec.247-ssec.2) Without limiting subsection (1) , the council has the following functions— to monitor, and advise the Minister on, the performance of the public sector and matters relating to public sector administration and workforce management; to foster and recognise excellence, innovation and high performance of public sector employees and work teams; to foster a culture of integrity within the public sector; to oversee the implementation of policies and programs across the public sector; to monitor, and report to the Minister about, the workforce profile of the public sector; to promote seamless and integrated policy advice and policy implementation, including, for example, establishing ways for public sector entities to collaborate; to oversee the implementation of changes to the machinery of government and resourcing decisions related to the changes; to set work programs for each special commissioner; to request public sector reviews.\n(sec.247-ssec.3) The council also has the functions given to it under this Act or another Act.\n(sec.247-ssec.4) In this section— workforce profile means the demographic categories and other characteristics of a workforce.\n- (a) to monitor, and advise the Minister on, the performance of the public sector and matters relating to public sector administration and workforce management;\n- (b) to foster and recognise excellence, innovation and high performance of public sector employees and work teams;\n- (c) to foster a culture of integrity within the public sector;\n- (d) to oversee the implementation of policies and programs across the public sector;\n- (e) to monitor, and report to the Minister about, the workforce profile of the public sector;\n- (f) to promote seamless and integrated policy advice and policy implementation, including, for example, establishing ways for public sector entities to collaborate;\n- (g) to oversee the implementation of changes to the machinery of government and resourcing decisions related to the changes;\n- (h) to set work programs for each special commissioner;\n- (i) to request public sector reviews.","sortOrder":318},{"sectionNumber":"sec.248","sectionType":"section","heading":"Powers","content":"### sec.248 Powers\n\nThe council has the power to do anything necessary or convenient to be done for the performance of the council’s functions.\nThe council also has the powers given to the council under this Act or another Act.\n(sec.248-ssec.1) The council has the power to do anything necessary or convenient to be done for the performance of the council’s functions.\n(sec.248-ssec.2) The council also has the powers given to the council under this Act or another Act.","sortOrder":319},{"sectionNumber":"sec.249","sectionType":"section","heading":"Number and classification levels of senior executive roles","content":"### sec.249 Number and classification levels of senior executive roles\n\nThe council may fix the maximum number, and classification levels, of full-time senior executive roles in a public service entity.","sortOrder":320},{"sectionNumber":"sec.250","sectionType":"section","heading":"Head of practice area","content":"### sec.250 Head of practice area\n\nThe council may, for a practice area in the public sector, give a public sector employee for a stated period—\nthe title of head of the practice area; and\nthe function of developing networks of practitioners, and excellence in performance, in the practice area throughout the public sector.\nHowever, the council may act under subsection (1) only if the public sector employee’s chief executive consents to the action.\nAlso, an action under subsection (1) does not affect the public sector employee’s rights or entitlements as a public sector employee.\nIn this section—\npractice area includes—\nchange management; and\ncommunity engagement; and\nfinancial management; and\nevaluation; and\nhuman resource management; and\nreframing of the State government’s relationship with Aboriginal peoples and Torres Strait Islander peoples; and\ndispute resolution; and\nindustrial relations; and\ninformation and communication technology procurement; and\npolicy implementation.\n(sec.250-ssec.1) The council may, for a practice area in the public sector, give a public sector employee for a stated period— the title of head of the practice area; and the function of developing networks of practitioners, and excellence in performance, in the practice area throughout the public sector.\n(sec.250-ssec.2) However, the council may act under subsection (1) only if the public sector employee’s chief executive consents to the action.\n(sec.250-ssec.3) Also, an action under subsection (1) does not affect the public sector employee’s rights or entitlements as a public sector employee.\n(sec.250-ssec.4) In this section— practice area includes— change management; and community engagement; and financial management; and evaluation; and human resource management; and reframing of the State government’s relationship with Aboriginal peoples and Torres Strait Islander peoples; and dispute resolution; and industrial relations; and information and communication technology procurement; and policy implementation.\n- (a) the title of head of the practice area; and\n- (b) the function of developing networks of practitioners, and excellence in performance, in the practice area throughout the public sector.\n- (a) change management; and\n- (b) community engagement; and\n- (c) financial management; and\n- (d) evaluation; and\n- (e) human resource management; and\n- (f) reframing of the State government’s relationship with Aboriginal peoples and Torres Strait Islander peoples; and\n- (g) dispute resolution; and\n- (h) industrial relations; and\n- (i) information and communication technology procurement; and\n- (j) policy implementation.","sortOrder":321},{"sectionNumber":"sec.251","sectionType":"section","heading":"Conduct of business","content":"### sec.251 Conduct of business\n\nSubject to subsection (2) , the council may conduct its business, including its meetings, in the way it considers appropriate.\nThe council must hold at least 4 meetings a year.\n(sec.251-ssec.1) Subject to subsection (2) , the council may conduct its business, including its meetings, in the way it considers appropriate.\n(sec.251-ssec.2) The council must hold at least 4 meetings a year.","sortOrder":322},{"sectionNumber":"ch.6-pt.8","sectionType":"part","heading":"Public sector reviews","content":"# Public sector reviews","sortOrder":323},{"sectionNumber":"ch.6-pt.8-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":324},{"sectionNumber":"sec.252","sectionType":"section","heading":"Definitions for part","content":"### sec.252 Definitions for part\n\nIn this part—\ndisclose includes give access to.\npublic sector entity includes the police service.\npublic sector review see section 253 .\nreferring entity , for a public sector review, see section 254 (1) .\nreviewing entity means the commissioner, a special commissioner or another appropriately qualified person.","sortOrder":325},{"sectionNumber":"sec.253","sectionType":"section","heading":"What is a public sector review","content":"### sec.253 What is a public sector review\n\nA public sector review —\nis a review about any matter or aspect of public administration, or of public sector management, relating to the main purpose of this Act; and\nincludes a review about the effectiveness, efficiency, functions or activities of a public sector entity.\n(sec.253-ssec) A public sector review — is a review about any matter or aspect of public administration, or of public sector management, relating to the main purpose of this Act; and includes a review about the effectiveness, efficiency, functions or activities of a public sector entity.\n- (a) is a review about any matter or aspect of public administration, or of public sector management, relating to the main purpose of this Act; and\n- (b) includes a review about the effectiveness, efficiency, functions or activities of a public sector entity.","sortOrder":326},{"sectionNumber":"ch.6-pt.8-div.2","sectionType":"division","heading":"Initiating public sector review","content":"## Initiating public sector review","sortOrder":327},{"sectionNumber":"sec.254","sectionType":"section","heading":"Minister or council may ask for public sector review","content":"### sec.254 Minister or council may ask for public sector review\n\nThe Minister or the council (each a referring entity ) may, by signed notice, ask a reviewing entity to conduct a public sector review.\nHowever, a referring entity can not ask for a public sector review about any of the following entities—\nthe Crime and Corruption Commission;\nthe Office of the Information Commissioner established under the Right to Information Act 2009 ;\nthe integrity office;\nthe Office of the Ombudsman established under the Ombudsman Act 2001 ;\nthe Electoral Commission of Queensland established under the Electoral Act 1992 ;\nthe Queensland Human Rights Commission established under the Anti-Discrimination Act 1991 ;\nanother entity prescribed by regulation for this paragraph.\nAlso, a referring entity can not ask for a public sector review about an individual.\nThe notice under subsection (1) must state the terms of reference for the public sector review, including the timeframe within which the review is to be completed.\nIf the reviewing entity is an appropriately qualified person other than the commissioner or a special commissioner, the reviewing entity may delegate a function relating to the conduct of the review to another appropriately qualified person.\nSee also sections 283 and 284 .\ns 254 amd 2022 No. 33 s 66\n(sec.254-ssec.1) The Minister or the council (each a referring entity ) may, by signed notice, ask a reviewing entity to conduct a public sector review.\n(sec.254-ssec.2) However, a referring entity can not ask for a public sector review about any of the following entities— the Crime and Corruption Commission; the Office of the Information Commissioner established under the Right to Information Act 2009 ; the integrity office; the Office of the Ombudsman established under the Ombudsman Act 2001 ; the Electoral Commission of Queensland established under the Electoral Act 1992 ; the Queensland Human Rights Commission established under the Anti-Discrimination Act 1991 ; another entity prescribed by regulation for this paragraph.\n(sec.254-ssec.3) Also, a referring entity can not ask for a public sector review about an individual.\n(sec.254-ssec.4) The notice under subsection (1) must state the terms of reference for the public sector review, including the timeframe within which the review is to be completed.\n(sec.254-ssec.5) If the reviewing entity is an appropriately qualified person other than the commissioner or a special commissioner, the reviewing entity may delegate a function relating to the conduct of the review to another appropriately qualified person. See also sections 283 and 284 .\n- (a) the Crime and Corruption Commission;\n- (b) the Office of the Information Commissioner established under the Right to Information Act 2009 ;\n- (c) the integrity office;\n- (d) the Office of the Ombudsman established under the Ombudsman Act 2001 ;\n- (ea) the Electoral Commission of Queensland established under the Electoral Act 1992 ;\n- (eb) the Queensland Human Rights Commission established under the Anti-Discrimination Act 1991 ;\n- (e) another entity prescribed by regulation for this paragraph.","sortOrder":328},{"sectionNumber":"sec.255","sectionType":"section","heading":"Public sector review about public sector entity","content":"### sec.255 Public sector review about public sector entity\n\nThis section applies if a public sector entity is the subject of a public sector review.\nBefore asking a reviewing entity to conduct the public sector review, the referring entity for the review must—\nconsult with, and have regard to the views of, the chief executive of the public sector entity about the proposed terms of reference for the review; and\ninform the Minister administering the public sector entity, and the chief executive of the public sector entity, about the review; and\ngive the chief executive of the public sector entity an opportunity to nominate a stated number of employees who are employed in the entity to take part in the review.\nNothing in this section prevents—\nthe Minister asking a reviewing entity to conduct a public sector review about a public sector entity administered by the Minister; or\nthe council asking a reviewing entity to conduct a public sector review about a public sector entity for which a member of the council is the chief executive.\n(sec.255-ssec.1) This section applies if a public sector entity is the subject of a public sector review.\n(sec.255-ssec.2) Before asking a reviewing entity to conduct the public sector review, the referring entity for the review must— consult with, and have regard to the views of, the chief executive of the public sector entity about the proposed terms of reference for the review; and inform the Minister administering the public sector entity, and the chief executive of the public sector entity, about the review; and give the chief executive of the public sector entity an opportunity to nominate a stated number of employees who are employed in the entity to take part in the review.\n(sec.255-ssec.3) Nothing in this section prevents— the Minister asking a reviewing entity to conduct a public sector review about a public sector entity administered by the Minister; or the council asking a reviewing entity to conduct a public sector review about a public sector entity for which a member of the council is the chief executive.\n- (a) consult with, and have regard to the views of, the chief executive of the public sector entity about the proposed terms of reference for the review; and\n- (b) inform the Minister administering the public sector entity, and the chief executive of the public sector entity, about the review; and\n- (c) give the chief executive of the public sector entity an opportunity to nominate a stated number of employees who are employed in the entity to take part in the review.\n- (a) the Minister asking a reviewing entity to conduct a public sector review about a public sector entity administered by the Minister; or\n- (b) the council asking a reviewing entity to conduct a public sector review about a public sector entity for which a member of the council is the chief executive.","sortOrder":329},{"sectionNumber":"ch.6-pt.8-div.3","sectionType":"division","heading":"Functions and powers of reviewing entity","content":"## Functions and powers of reviewing entity","sortOrder":330},{"sectionNumber":"sec.256","sectionType":"section","heading":"How reviewing entity’s functions may be performed","content":"### sec.256 How reviewing entity’s functions may be performed\n\nThe functions of the reviewing entity for a public sector review must be performed consistently with the referring entity’s terms of reference for the review.\nSee also sections 217 and 236 .","sortOrder":331},{"sectionNumber":"sec.257","sectionType":"section","heading":"Powers for conducting public sector review","content":"### sec.257 Powers for conducting public sector review\n\nThe reviewing entity for a public sector review may take any action reasonably required to conduct the review.\nWithout limiting subsection (1) , the reviewing entity may do any of the following—\nenter official premises of a public sector entity at a reasonable time;\nrequire the production of, examine, copy, or take an extract from, any official document in the possession of a public sector entity;\ninterview employees of a public sector entity;\ninterview anyone else who can provide information relevant to the public sector review.\nemployee organisations\nThe chief executive of a public sector entity, and each other person employed in the public sector entity, must provide the assistance reasonably required by the reviewing entity to conduct the public sector review, including, for example, giving the reviewing entity an official document required under subsection (2) (b) .\nHowever, an individual need not answer a question asked by, or give information to, the reviewing entity if answering the question or giving the information might tend to incriminate the individual or expose the individual to a penalty.\nIn this section—\nofficial document , in the possession of a public sector entity, includes an official document—\nunder the control of the public sector entity, or that the entity is entitled to access, whether or not created in the entity; and\nin the possession, or under the control, of a person employed in the public sector entity in the person’s official capacity.\n(sec.257-ssec.1) The reviewing entity for a public sector review may take any action reasonably required to conduct the review.\n(sec.257-ssec.2) Without limiting subsection (1) , the reviewing entity may do any of the following— enter official premises of a public sector entity at a reasonable time; require the production of, examine, copy, or take an extract from, any official document in the possession of a public sector entity; interview employees of a public sector entity; interview anyone else who can provide information relevant to the public sector review. employee organisations\n(sec.257-ssec.3) The chief executive of a public sector entity, and each other person employed in the public sector entity, must provide the assistance reasonably required by the reviewing entity to conduct the public sector review, including, for example, giving the reviewing entity an official document required under subsection (2) (b) .\n(sec.257-ssec.4) However, an individual need not answer a question asked by, or give information to, the reviewing entity if answering the question or giving the information might tend to incriminate the individual or expose the individual to a penalty.\n(sec.257-ssec.5) In this section— official document , in the possession of a public sector entity, includes an official document— under the control of the public sector entity, or that the entity is entitled to access, whether or not created in the entity; and in the possession, or under the control, of a person employed in the public sector entity in the person’s official capacity.\n- (a) enter official premises of a public sector entity at a reasonable time;\n- (b) require the production of, examine, copy, or take an extract from, any official document in the possession of a public sector entity;\n- (c) interview employees of a public sector entity;\n- (d) interview anyone else who can provide information relevant to the public sector review. Example for paragraph (d) — employee organisations\n- (a) under the control of the public sector entity, or that the entity is entitled to access, whether or not created in the entity; and\n- (b) in the possession, or under the control, of a person employed in the public sector entity in the person’s official capacity.","sortOrder":332},{"sectionNumber":"ch.6-pt.8-div.4","sectionType":"division","heading":"Conduct of review","content":"## Conduct of review","sortOrder":333},{"sectionNumber":"sec.258","sectionType":"section","heading":"Referring entity to be kept informed","content":"### sec.258 Referring entity to be kept informed\n\nA reviewing entity must keep the referring entity for a public sector review informed of the progress of the review.","sortOrder":334},{"sectionNumber":"sec.259","sectionType":"section","heading":"Referring entity may obtain information","content":"### sec.259 Referring entity may obtain information\n\nIf the referring entity for a public sector review asks the reviewing entity for particular information concerning a matter relating to the review, the reviewing entity must—\ncomply with the request; and\ngive the help the referring entity needs to consider the information.\nInformation provided to the referring entity under subsection (1) is confidential.\n(sec.259-ssec.1) If the referring entity for a public sector review asks the reviewing entity for particular information concerning a matter relating to the review, the reviewing entity must— comply with the request; and give the help the referring entity needs to consider the information.\n(sec.259-ssec.2) Information provided to the referring entity under subsection (1) is confidential.\n- (a) comply with the request; and\n- (b) give the help the referring entity needs to consider the information.","sortOrder":335},{"sectionNumber":"sec.260","sectionType":"section","heading":"Disclosure of documents or information","content":"### sec.260 Disclosure of documents or information\n\nA person may disclose a document or information to the reviewing entity for a public sector review for the purpose of the review.","sortOrder":336},{"sectionNumber":"sec.261","sectionType":"section","heading":"Reviewing entity to prepare report","content":"### sec.261 Reviewing entity to prepare report\n\nThe reviewing entity must prepare a report for a public sector review.\nThe report must include—\na consideration of relevant viewpoints and options to address the issues covered by the report; and\nthe reviewing entity’s findings and recommendations relating to the issues; and\ndetails of the how the review was conducted, including, for example, details of consultation undertaken during the review; and\ndetails of how the reviewing entity kept the referring entity informed of the progress of the review.\nSubsection (4) applies if—\nthe reviewing entity is the commissioner or a special commissioner; and\nthe reviewing entity delegates the reviewing entity’s function under subsection (1) to an appropriately qualified staff member of the commission.\nThe reviewing entity must approve the report for the public sector review.\n(sec.261-ssec.1) The reviewing entity must prepare a report for a public sector review.\n(sec.261-ssec.2) The report must include— a consideration of relevant viewpoints and options to address the issues covered by the report; and the reviewing entity’s findings and recommendations relating to the issues; and details of the how the review was conducted, including, for example, details of consultation undertaken during the review; and details of how the reviewing entity kept the referring entity informed of the progress of the review.\n(sec.261-ssec.3) Subsection (4) applies if— the reviewing entity is the commissioner or a special commissioner; and the reviewing entity delegates the reviewing entity’s function under subsection (1) to an appropriately qualified staff member of the commission.\n(sec.261-ssec.4) The reviewing entity must approve the report for the public sector review.\n- (a) a consideration of relevant viewpoints and options to address the issues covered by the report; and\n- (b) the reviewing entity’s findings and recommendations relating to the issues; and\n- (c) details of the how the review was conducted, including, for example, details of consultation undertaken during the review; and\n- (d) details of how the reviewing entity kept the referring entity informed of the progress of the review.\n- (a) the reviewing entity is the commissioner or a special commissioner; and\n- (b) the reviewing entity delegates the reviewing entity’s function under subsection (1) to an appropriately qualified staff member of the commission.","sortOrder":337},{"sectionNumber":"sec.262","sectionType":"section","heading":"Procedure for reporting sensitive information","content":"### sec.262 Procedure for reporting sensitive information\n\nThis section applies if the reviewing entity for a public sector review considers that information that would, apart from this section, be included in a report for the review is sensitive information.\nThe reviewing entity need not include the information in the report.\nThe reviewing entity may include the information in a separate document given to the referring entity.\nIn this section—\nsensitive information means information—\nthat would be contrary to the public interest to disclose; or\nThe disclosure would have a serious adverse effect on an entity’s commercial interests.\nThe disclosure would reveal trade secrets.\nThe disclosure would cause damage to relations between the State government and another government.\nfor which, in any judicial proceeding, the State would have a basis for claiming that disclosure should not be permitted.\n(sec.262-ssec.1) This section applies if the reviewing entity for a public sector review considers that information that would, apart from this section, be included in a report for the review is sensitive information.\n(sec.262-ssec.2) The reviewing entity need not include the information in the report.\n(sec.262-ssec.3) The reviewing entity may include the information in a separate document given to the referring entity.\n(sec.262-ssec.4) In this section— sensitive information means information— that would be contrary to the public interest to disclose; or The disclosure would have a serious adverse effect on an entity’s commercial interests. The disclosure would reveal trade secrets. The disclosure would cause damage to relations between the State government and another government. for which, in any judicial proceeding, the State would have a basis for claiming that disclosure should not be permitted.\n- (a) that would be contrary to the public interest to disclose; or Examples of when disclosing information may be contrary to the public interest— 1 The disclosure would have a serious adverse effect on an entity’s commercial interests. 2 The disclosure would reveal trade secrets. 3 The disclosure would cause damage to relations between the State government and another government.\n- 1 The disclosure would have a serious adverse effect on an entity’s commercial interests.\n- 2 The disclosure would reveal trade secrets.\n- 3 The disclosure would cause damage to relations between the State government and another government.\n- (b) for which, in any judicial proceeding, the State would have a basis for claiming that disclosure should not be permitted.\n- 1 The disclosure would have a serious adverse effect on an entity’s commercial interests.\n- 2 The disclosure would reveal trade secrets.\n- 3 The disclosure would cause damage to relations between the State government and another government.","sortOrder":338},{"sectionNumber":"sec.263","sectionType":"section","heading":"Reporting to referring entity","content":"### sec.263 Reporting to referring entity\n\nAs soon as practicable after preparing a report for a public sector review, the reviewing entity for the review must give the referring entity the report.\nThe referring entity must give a copy of the report to—\nif a public sector entity is the subject of the public sector review—\nthe Minister administering the public sector entity; and\nthe chief executive of the public sector entity; and\nanyone else the referring entity considers appropriate.\nIf the referring entity is the Minister, the Minister—\nmust table the report in the Legislative Assembly; and\nmay publish the report in the way the Minister considers appropriate.\nIf the referring entity is the council, the council may publish the report, or a part of the report, including any recommendations, in the way the council considers appropriate.\nHowever, the referring entity must remove any confidential information from the report before the report is tabled or published under subsection (3) or (4) .\nIn this section—\nconfidential information —\nmeans personal information; but\ndoes not include information that is publicly available unless further disclosure of the information is prohibited by law.\n(sec.263-ssec.1) As soon as practicable after preparing a report for a public sector review, the reviewing entity for the review must give the referring entity the report.\n(sec.263-ssec.2) The referring entity must give a copy of the report to— if a public sector entity is the subject of the public sector review— the Minister administering the public sector entity; and the chief executive of the public sector entity; and anyone else the referring entity considers appropriate.\n(sec.263-ssec.3) If the referring entity is the Minister, the Minister— must table the report in the Legislative Assembly; and may publish the report in the way the Minister considers appropriate.\n(sec.263-ssec.4) If the referring entity is the council, the council may publish the report, or a part of the report, including any recommendations, in the way the council considers appropriate.\n(sec.263-ssec.5) However, the referring entity must remove any confidential information from the report before the report is tabled or published under subsection (3) or (4) .\n(sec.263-ssec.6) In this section— confidential information — means personal information; but does not include information that is publicly available unless further disclosure of the information is prohibited by law.\n- (a) if a public sector entity is the subject of the public sector review— (i) the Minister administering the public sector entity; and (ii) the chief executive of the public sector entity; and\n- (i) the Minister administering the public sector entity; and\n- (ii) the chief executive of the public sector entity; and\n- (b) anyone else the referring entity considers appropriate.\n- (i) the Minister administering the public sector entity; and\n- (ii) the chief executive of the public sector entity; and\n- (a) must table the report in the Legislative Assembly; and\n- (b) may publish the report in the way the Minister considers appropriate.\n- (a) means personal information; but\n- (b) does not include information that is publicly available unless further disclosure of the information is prohibited by law.","sortOrder":339},{"sectionNumber":"ch.6-pt.9","sectionType":"part","heading":"Complaints management system","content":"# Complaints management system","sortOrder":340},{"sectionNumber":"sec.264","sectionType":"section","heading":"Public sector entity must have complaints management system","content":"### sec.264 Public sector entity must have complaints management system\n\nA public sector entity must establish and implement a system for dealing with customer complaints.\nThe system must—\nprovide for the public sector entity to take responsibility for managing the receipt, processing and outcome of customer complaints; and\ncomply with any Australian Standard about the handling of customer complaints that is in effect from time to time; and\nprovide for giving notice of the outcome of customer complaints to the complainant, unless the complaint was made anonymously.\nThe chief executive of the public sector entity must, before 30 September after the end of each financial year, publish the following information for the financial year on the entity’s website—\nthe number of customer complaints received by the entity in the year;\nthe number of complaints mentioned in paragraph (a) resulting in further action;\nthe number of complaints mentioned in paragraph (a) resulting in no further action.\nDetails of customer complaints that are human rights complaints must, under the Human Rights Act 2019 , section 97 , be included in the annual reports of particular public sector entities.\nIn this section—\ncustomer complaint means a complaint about the service or action of a public sector entity, or its staff, by a person who is apparently directly affected by the service or action.\na complaint about a decision made, or a failure to make a decision, by a public sector employee of the public sector entity\na complaint about an act, or failure to act, of the public sector entity\na complaint about the formulation of a proposal or intention of the public sector entity\na complaint about the making of a recommendation by the public sector entity\na complaint about the customer service provided by a public sector employee of the public sector entity\n(sec.264-ssec.1) A public sector entity must establish and implement a system for dealing with customer complaints.\n(sec.264-ssec.2) The system must— provide for the public sector entity to take responsibility for managing the receipt, processing and outcome of customer complaints; and comply with any Australian Standard about the handling of customer complaints that is in effect from time to time; and provide for giving notice of the outcome of customer complaints to the complainant, unless the complaint was made anonymously.\n(sec.264-ssec.3) The chief executive of the public sector entity must, before 30 September after the end of each financial year, publish the following information for the financial year on the entity’s website— the number of customer complaints received by the entity in the year; the number of complaints mentioned in paragraph (a) resulting in further action; the number of complaints mentioned in paragraph (a) resulting in no further action. Details of customer complaints that are human rights complaints must, under the Human Rights Act 2019 , section 97 , be included in the annual reports of particular public sector entities.\n(sec.264-ssec.4) In this section— customer complaint means a complaint about the service or action of a public sector entity, or its staff, by a person who is apparently directly affected by the service or action. a complaint about a decision made, or a failure to make a decision, by a public sector employee of the public sector entity a complaint about an act, or failure to act, of the public sector entity a complaint about the formulation of a proposal or intention of the public sector entity a complaint about the making of a recommendation by the public sector entity a complaint about the customer service provided by a public sector employee of the public sector entity\n- (a) provide for the public sector entity to take responsibility for managing the receipt, processing and outcome of customer complaints; and\n- (b) comply with any Australian Standard about the handling of customer complaints that is in effect from time to time; and\n- (c) provide for giving notice of the outcome of customer complaints to the complainant, unless the complaint was made anonymously.\n- (a) the number of customer complaints received by the entity in the year;\n- (b) the number of complaints mentioned in paragraph (a) resulting in further action;\n- (c) the number of complaints mentioned in paragraph (a) resulting in no further action.\n- 1 a complaint about a decision made, or a failure to make a decision, by a public sector employee of the public sector entity\n- 2 a complaint about an act, or failure to act, of the public sector entity\n- 3 a complaint about the formulation of a proposal or intention of the public sector entity\n- 4 a complaint about the making of a recommendation by the public sector entity\n- 5 a complaint about the customer service provided by a public sector employee of the public sector entity","sortOrder":341},{"sectionNumber":"ch.6-pt.10","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":342},{"sectionNumber":"sec.265","sectionType":"section","heading":"Criminal history checks to confirm suitability for appointment","content":"### sec.265 Criminal history checks to confirm suitability for appointment\n\nTo help decide whether a person is suitable to be recommended for appointment as the commissioner, a special commissioner or a community representative, the Minister may ask the police commissioner for a report about the person’s criminal history.\nHowever, the Minister may make the request only if the person has given the Minister written consent for the request.\nThe police commissioner must comply with the request.\nHowever, subsection (3) applies only to information in the police commissioner’s possession or to which the police commissioner has access.\nIf the criminal history of the person includes a conviction recorded against the person, the police commissioner’s report must be in writing.\nThe Minister must destroy the report as soon as practicable after the decision has been made.\n(sec.265-ssec.1) To help decide whether a person is suitable to be recommended for appointment as the commissioner, a special commissioner or a community representative, the Minister may ask the police commissioner for a report about the person’s criminal history.\n(sec.265-ssec.2) However, the Minister may make the request only if the person has given the Minister written consent for the request.\n(sec.265-ssec.3) The police commissioner must comply with the request.\n(sec.265-ssec.4) However, subsection (3) applies only to information in the police commissioner’s possession or to which the police commissioner has access.\n(sec.265-ssec.5) If the criminal history of the person includes a conviction recorded against the person, the police commissioner’s report must be in writing.\n(sec.265-ssec.6) The Minister must destroy the report as soon as practicable after the decision has been made.","sortOrder":343},{"sectionNumber":"ch.7-pt.1","sectionType":"part","heading":"Protection from civil liability","content":"# Protection from civil liability","sortOrder":344},{"sectionNumber":"sec.266","sectionType":"section","heading":"Main purpose of part","content":"### sec.266 Main purpose of part\n\nThe main purpose of this part is to give public service employees protection from civil liability for engaging in conduct in an official capacity.\nThis part also gives particular persons other than public service employees protection from civil liability for engaging in conduct in an official capacity.\n(sec.266-ssec.1) The main purpose of this part is to give public service employees protection from civil liability for engaging in conduct in an official capacity.\n(sec.266-ssec.2) This part also gives particular persons other than public service employees protection from civil liability for engaging in conduct in an official capacity.","sortOrder":345},{"sectionNumber":"sec.267","sectionType":"section","heading":"Definition for part","content":"### sec.267 Definition for part\n\nIn this part—\nprescribed person see section 268 (1) and (2) .","sortOrder":346},{"sectionNumber":"sec.268","sectionType":"section","heading":"Application of part","content":"### sec.268 Application of part\n\nThis part applies to each of the following persons (each a prescribed person )—\na public service employee;\na person employed as an associate to a Supreme Court judge, District Court judge, commissioner under the Industrial Relations Act 2016 , or judge or member of another court of record;\na person employed as a ministerial staff member under the Ministerial and Other Office Holder Staff Act 2010 ;\na person appointed under another Act if the appointment involves the person acting for or representing the State;\na person who is not a public service employee but who is a member or employee of a government entity that represents the State;\na person who is not a public service employee but to whom a function or power of a person mentioned in paragraph (a) , (d) or (e) is delegated under an Act;\na person prescribed by regulation for this section to be a prescribed person.\nAlso, this part applies to a person (also a prescribed person ) who was a person of a type mentioned in subsection (1) at the time the person engaged in conduct in an official capacity.\nHowever, none of the following is a prescribed person—\na person appointed to an office if—\nthe appointment to the office is made by the Governor alone; or\nthe salary for the office is provided for under the Judicial Remuneration Act 2007 , the District Court of Queensland Act 1967 or the Magistrates Act 1991 ; or\nthe office is a particular office established by an Act that expressly provides for the appointment of the holder of an office mentioned in subparagraph (ii) ; or\nthe office is honorary;\na person to whom the Police Service Administration Act 1990 , section 10 .5 applies;\na person employed in or appointed by—\na GOC; or\na subsidiary of a GOC under the Corporations Act ; or\na government entity within the meaning of the Government Owned Corporations Act 1993 prescribed by regulation under that Act to be a subsidiary of a GOC; or\na government company within the meaning of the Government Owned Corporations Act 1993 , section 2 ;\na person prescribed by regulation for this section not to be a prescribed person.\n(sec.268-ssec.1) This part applies to each of the following persons (each a prescribed person )— a public service employee; a person employed as an associate to a Supreme Court judge, District Court judge, commissioner under the Industrial Relations Act 2016 , or judge or member of another court of record; a person employed as a ministerial staff member under the Ministerial and Other Office Holder Staff Act 2010 ; a person appointed under another Act if the appointment involves the person acting for or representing the State; a person who is not a public service employee but who is a member or employee of a government entity that represents the State; a person who is not a public service employee but to whom a function or power of a person mentioned in paragraph (a) , (d) or (e) is delegated under an Act; a person prescribed by regulation for this section to be a prescribed person.\n(sec.268-ssec.2) Also, this part applies to a person (also a prescribed person ) who was a person of a type mentioned in subsection (1) at the time the person engaged in conduct in an official capacity.\n(sec.268-ssec.3) However, none of the following is a prescribed person— a person appointed to an office if— the appointment to the office is made by the Governor alone; or the salary for the office is provided for under the Judicial Remuneration Act 2007 , the District Court of Queensland Act 1967 or the Magistrates Act 1991 ; or the office is a particular office established by an Act that expressly provides for the appointment of the holder of an office mentioned in subparagraph (ii) ; or the office is honorary; a person to whom the Police Service Administration Act 1990 , section 10 .5 applies; a person employed in or appointed by— a GOC; or a subsidiary of a GOC under the Corporations Act ; or a government entity within the meaning of the Government Owned Corporations Act 1993 prescribed by regulation under that Act to be a subsidiary of a GOC; or a government company within the meaning of the Government Owned Corporations Act 1993 , section 2 ; a person prescribed by regulation for this section not to be a prescribed person.\n- (a) a public service employee;\n- (b) a person employed as an associate to a Supreme Court judge, District Court judge, commissioner under the Industrial Relations Act 2016 , or judge or member of another court of record;\n- (c) a person employed as a ministerial staff member under the Ministerial and Other Office Holder Staff Act 2010 ;\n- (d) a person appointed under another Act if the appointment involves the person acting for or representing the State;\n- (e) a person who is not a public service employee but who is a member or employee of a government entity that represents the State;\n- (f) a person who is not a public service employee but to whom a function or power of a person mentioned in paragraph (a) , (d) or (e) is delegated under an Act;\n- (g) a person prescribed by regulation for this section to be a prescribed person.\n- (a) a person appointed to an office if— (i) the appointment to the office is made by the Governor alone; or (ii) the salary for the office is provided for under the Judicial Remuneration Act 2007 , the District Court of Queensland Act 1967 or the Magistrates Act 1991 ; or (iii) the office is a particular office established by an Act that expressly provides for the appointment of the holder of an office mentioned in subparagraph (ii) ; or (iv) the office is honorary;\n- (i) the appointment to the office is made by the Governor alone; or\n- (ii) the salary for the office is provided for under the Judicial Remuneration Act 2007 , the District Court of Queensland Act 1967 or the Magistrates Act 1991 ; or\n- (iii) the office is a particular office established by an Act that expressly provides for the appointment of the holder of an office mentioned in subparagraph (ii) ; or\n- (iv) the office is honorary;\n- (b) a person to whom the Police Service Administration Act 1990 , section 10 .5 applies;\n- (c) a person employed in or appointed by— (i) a GOC; or (ii) a subsidiary of a GOC under the Corporations Act ; or (iii) a government entity within the meaning of the Government Owned Corporations Act 1993 prescribed by regulation under that Act to be a subsidiary of a GOC; or (iv) a government company within the meaning of the Government Owned Corporations Act 1993 , section 2 ;\n- (i) a GOC; or\n- (ii) a subsidiary of a GOC under the Corporations Act ; or\n- (iii) a government entity within the meaning of the Government Owned Corporations Act 1993 prescribed by regulation under that Act to be a subsidiary of a GOC; or\n- (iv) a government company within the meaning of the Government Owned Corporations Act 1993 , section 2 ;\n- (d) a person prescribed by regulation for this section not to be a prescribed person.\n- (i) the appointment to the office is made by the Governor alone; or\n- (ii) the salary for the office is provided for under the Judicial Remuneration Act 2007 , the District Court of Queensland Act 1967 or the Magistrates Act 1991 ; or\n- (iii) the office is a particular office established by an Act that expressly provides for the appointment of the holder of an office mentioned in subparagraph (ii) ; or\n- (iv) the office is honorary;\n- (i) a GOC; or\n- (ii) a subsidiary of a GOC under the Corporations Act ; or\n- (iii) a government entity within the meaning of the Government Owned Corporations Act 1993 prescribed by regulation under that Act to be a subsidiary of a GOC; or\n- (iv) a government company within the meaning of the Government Owned Corporations Act 1993 , section 2 ;","sortOrder":347},{"sectionNumber":"sec.269","sectionType":"section","heading":"Civil liability of prescribed person for engaging in conduct in official capacity","content":"### sec.269 Civil liability of prescribed person for engaging in conduct in official capacity\n\nA prescribed person does not incur civil liability for engaging, or for the result of engaging, in conduct in an official capacity.\nIf subsection (1) prevents liability attaching to a prescribed person, the liability attaches instead as follows—\nif paragraph (b) does not apply—to the State;\nif, at the time the prescribed person engaged in the conduct, the person did so as a member of a body corporate or the governing body of a body corporate, or as a person who was employed or appointed by, or a delegate of, a body corporate—the body corporate.\nIf liability attaches to the State under subsection (2) (a) , the State may recover contribution from the prescribed person but only if the conduct was engaged in—\nother than in good faith; and\nwith gross negligence.\nIf liability attaches to a body corporate under subsection (2) (b) , the body corporate may recover contribution from the prescribed person but only if the conduct was engaged in—\nother than in good faith; and\nwith gross negligence.\nIn a proceeding under subsection (3) or (4) to recover contribution, the amount of contribution recoverable is the amount found by the court to be just and equitable in the circumstances.\nIn this section—\ncivil liability , of a prescribed person for engaging, or for the result of engaging, in conduct in an official capacity, means liability of any type for the payment of an amount by the prescribed person because of—\na claim based in tort, contract or another form of action in relation to the conduct or result, including, for example, breach of statutory duty or defamation and, for a fatal injury, includes a claim for the deceased’s dependants or estate; or\na complaint made under a law that provides a person may complain about the conduct or result to an entity established under the law, other than a complaint to start criminal proceedings, including, for example, a complaint under the Justices Act 1886 ; or\nan order of a court to pay costs relating to a proceeding for an offence against a law in relation to the conduct or result, unless the proceeding was for an offence by the prescribed person.\na liability because of an agreement or an order under the Anti-Discrimination Act 1991 or the Australian Human Rights Commission Act 1986 (Cwlth) requiring payment of an amount to a complainant, however described, under the Act\na liability because of an obligation under an agreement to settle a proceeding, or an order of a court or tribunal, to do something that involves paying an amount, including an obligation to rectify damage to a building or to publish an apology in a newspaper\nconduct means an act or an omission to perform an act.\nengage in conduct in an official capacity means engage in conduct as part of, or otherwise in connection with, a person’s role as a prescribed person, including, for example, engage in conduct under or purportedly under an Act.\na prescribed person making a decision in relation to an application for a licence\n(sec.269-ssec.1) A prescribed person does not incur civil liability for engaging, or for the result of engaging, in conduct in an official capacity.\n(sec.269-ssec.2) If subsection (1) prevents liability attaching to a prescribed person, the liability attaches instead as follows— if paragraph (b) does not apply—to the State; if, at the time the prescribed person engaged in the conduct, the person did so as a member of a body corporate or the governing body of a body corporate, or as a person who was employed or appointed by, or a delegate of, a body corporate—the body corporate.\n(sec.269-ssec.3) If liability attaches to the State under subsection (2) (a) , the State may recover contribution from the prescribed person but only if the conduct was engaged in— other than in good faith; and with gross negligence.\n(sec.269-ssec.4) If liability attaches to a body corporate under subsection (2) (b) , the body corporate may recover contribution from the prescribed person but only if the conduct was engaged in— other than in good faith; and with gross negligence.\n(sec.269-ssec.5) In a proceeding under subsection (3) or (4) to recover contribution, the amount of contribution recoverable is the amount found by the court to be just and equitable in the circumstances.\n(sec.269-ssec.6) In this section— civil liability , of a prescribed person for engaging, or for the result of engaging, in conduct in an official capacity, means liability of any type for the payment of an amount by the prescribed person because of— a claim based in tort, contract or another form of action in relation to the conduct or result, including, for example, breach of statutory duty or defamation and, for a fatal injury, includes a claim for the deceased’s dependants or estate; or a complaint made under a law that provides a person may complain about the conduct or result to an entity established under the law, other than a complaint to start criminal proceedings, including, for example, a complaint under the Justices Act 1886 ; or an order of a court to pay costs relating to a proceeding for an offence against a law in relation to the conduct or result, unless the proceeding was for an offence by the prescribed person. a liability because of an agreement or an order under the Anti-Discrimination Act 1991 or the Australian Human Rights Commission Act 1986 (Cwlth) requiring payment of an amount to a complainant, however described, under the Act a liability because of an obligation under an agreement to settle a proceeding, or an order of a court or tribunal, to do something that involves paying an amount, including an obligation to rectify damage to a building or to publish an apology in a newspaper conduct means an act or an omission to perform an act. engage in conduct in an official capacity means engage in conduct as part of, or otherwise in connection with, a person’s role as a prescribed person, including, for example, engage in conduct under or purportedly under an Act. a prescribed person making a decision in relation to an application for a licence\n- (a) if paragraph (b) does not apply—to the State;\n- (b) if, at the time the prescribed person engaged in the conduct, the person did so as a member of a body corporate or the governing body of a body corporate, or as a person who was employed or appointed by, or a delegate of, a body corporate—the body corporate.\n- (a) other than in good faith; and\n- (b) with gross negligence.\n- (a) other than in good faith; and\n- (b) with gross negligence.\n- (a) a claim based in tort, contract or another form of action in relation to the conduct or result, including, for example, breach of statutory duty or defamation and, for a fatal injury, includes a claim for the deceased’s dependants or estate; or\n- (b) a complaint made under a law that provides a person may complain about the conduct or result to an entity established under the law, other than a complaint to start criminal proceedings, including, for example, a complaint under the Justices Act 1886 ; or\n- (c) an order of a court to pay costs relating to a proceeding for an offence against a law in relation to the conduct or result, unless the proceeding was for an offence by the prescribed person.\n- 1 a liability because of an agreement or an order under the Anti-Discrimination Act 1991 or the Australian Human Rights Commission Act 1986 (Cwlth) requiring payment of an amount to a complainant, however described, under the Act\n- 2 a liability because of an obligation under an agreement to settle a proceeding, or an order of a court or tribunal, to do something that involves paying an amount, including an obligation to rectify damage to a building or to publish an apology in a newspaper","sortOrder":348},{"sectionNumber":"sec.270","sectionType":"section","heading":"Civil liability of prescribed person if another Act provides for protection from civil liability","content":"### sec.270 Civil liability of prescribed person if another Act provides for protection from civil liability\n\nThis section applies if—\nanother Act states a person does not incur civil liability for conduct or the result of conduct (however expressed), including, for example, if the person acts honestly and without negligence; and\nthe result of the application of the other Act to conduct, or the result of conduct, engaged in by the person is that the person would not be protected from civil liability under the other Act for the conduct or result; and\nthe person is a prescribed person who would not, under section 269, incur civil liability for the conduct or the result of the conduct, but the State or a body corporate would be liable in relation to the conduct or result.\nSection 269 applies in relation to the conduct, or the result of the conduct, despite the other Act but does not limit the application of the other Act in relation to any other liability of the person.\n(sec.270-ssec.1) This section applies if— another Act states a person does not incur civil liability for conduct or the result of conduct (however expressed), including, for example, if the person acts honestly and without negligence; and the result of the application of the other Act to conduct, or the result of conduct, engaged in by the person is that the person would not be protected from civil liability under the other Act for the conduct or result; and the person is a prescribed person who would not, under section 269, incur civil liability for the conduct or the result of the conduct, but the State or a body corporate would be liable in relation to the conduct or result.\n(sec.270-ssec.2) Section 269 applies in relation to the conduct, or the result of the conduct, despite the other Act but does not limit the application of the other Act in relation to any other liability of the person.\n- (a) another Act states a person does not incur civil liability for conduct or the result of conduct (however expressed), including, for example, if the person acts honestly and without negligence; and\n- (b) the result of the application of the other Act to conduct, or the result of conduct, engaged in by the person is that the person would not be protected from civil liability under the other Act for the conduct or result; and\n- (c) the person is a prescribed person who would not, under section 269, incur civil liability for the conduct or the result of the conduct, but the State or a body corporate would be liable in relation to the conduct or result.","sortOrder":349},{"sectionNumber":"ch.7-pt.2","sectionType":"part","heading":"Right to reappointment after candidature in election","content":"# Right to reappointment after candidature in election","sortOrder":350},{"sectionNumber":"sec.271","sectionType":"section","heading":"Definitions for part","content":"### sec.271 Definitions for part\n\nIn this part—\nservice with the State means employment, in any capacity in—\nthe public service; or\nthe police service; or\nany other office or position under the State.\nthe State includes a board, commission, commissioner, corporation, instrumentality or other person representing the State.\n- (a) the public service; or\n- (b) the police service; or\n- (c) any other office or position under the State.","sortOrder":351},{"sectionNumber":"sec.272","sectionType":"section","heading":"Right of reappointment","content":"### sec.272 Right of reappointment\n\nThis section applies if—\na person held an office of service with the State and the office was permanent (the former office ); and\nthe person resigned from the former office to become a candidate for election as any of the following—\na member of the Legislative Assembly;\na senator or a member of the House of Representatives of the Commonwealth Parliament;\na member of a house of Parliament of another State; and\nthe person was a defeated candidate at the election.\nIf the person resigned within 6 months before the day the period for nomination of candidates in the election ended, the person is entitled to be—\nreappointed to the former office; or\nappointed to another permanent office, whether of the same classification level or a lower classification level as the former office, within—\nthe entity in which the person held the former office; or\nanother entity that performs substantially similar functions to the entity mentioned in subparagraph (i) .\nHowever, the reappointment or appointment may only be made if the person, within 2 months after the return of the writ for the election, notifies the chief executive responsible for the former office, or the chief executive of the entity mentioned in subsection (2) (b) , that the person intends to exercise the person’s right to reappointment or appointment under this section.\nThe chief executive mentioned in subsection (3) must reappoint or appoint the person within 3 months after the return of the writ for the election.\nDespite this Act or another Act, the recruitment and selection provisions do not apply for the reappointment or appointment.\nHowever, subsection (5) does not prevent matters mentioned in the recruitment and selection provisions from being considered in making a decision on the reappointment or appointment.\nIn this section—\nappoint includes employ.\nclassification includes rank or grade.\nreappoint includes re-employ.\nrecruitment and selection provisions means—\nchapter 3 , part 3 ; or\nif the former office of the person was as a police officer—the Police Service Administration Act 1990 , section 5 .2.\n(sec.272-ssec.1) This section applies if— a person held an office of service with the State and the office was permanent (the former office ); and the person resigned from the former office to become a candidate for election as any of the following— a member of the Legislative Assembly; a senator or a member of the House of Representatives of the Commonwealth Parliament; a member of a house of Parliament of another State; and the person was a defeated candidate at the election.\n(sec.272-ssec.2) If the person resigned within 6 months before the day the period for nomination of candidates in the election ended, the person is entitled to be— reappointed to the former office; or appointed to another permanent office, whether of the same classification level or a lower classification level as the former office, within— the entity in which the person held the former office; or another entity that performs substantially similar functions to the entity mentioned in subparagraph (i) .\n(sec.272-ssec.3) However, the reappointment or appointment may only be made if the person, within 2 months after the return of the writ for the election, notifies the chief executive responsible for the former office, or the chief executive of the entity mentioned in subsection (2) (b) , that the person intends to exercise the person’s right to reappointment or appointment under this section.\n(sec.272-ssec.4) The chief executive mentioned in subsection (3) must reappoint or appoint the person within 3 months after the return of the writ for the election.\n(sec.272-ssec.5) Despite this Act or another Act, the recruitment and selection provisions do not apply for the reappointment or appointment.\n(sec.272-ssec.6) However, subsection (5) does not prevent matters mentioned in the recruitment and selection provisions from being considered in making a decision on the reappointment or appointment.\n(sec.272-ssec.7) In this section— appoint includes employ. classification includes rank or grade. reappoint includes re-employ. recruitment and selection provisions means— chapter 3 , part 3 ; or if the former office of the person was as a police officer—the Police Service Administration Act 1990 , section 5 .2.\n- (a) a person held an office of service with the State and the office was permanent (the former office ); and\n- (b) the person resigned from the former office to become a candidate for election as any of the following— (i) a member of the Legislative Assembly; (ii) a senator or a member of the House of Representatives of the Commonwealth Parliament; (iii) a member of a house of Parliament of another State; and\n- (i) a member of the Legislative Assembly;\n- (ii) a senator or a member of the House of Representatives of the Commonwealth Parliament;\n- (iii) a member of a house of Parliament of another State; and\n- (c) the person was a defeated candidate at the election.\n- (i) a member of the Legislative Assembly;\n- (ii) a senator or a member of the House of Representatives of the Commonwealth Parliament;\n- (iii) a member of a house of Parliament of another State; and\n- (a) reappointed to the former office; or\n- (b) appointed to another permanent office, whether of the same classification level or a lower classification level as the former office, within— (i) the entity in which the person held the former office; or (ii) another entity that performs substantially similar functions to the entity mentioned in subparagraph (i) .\n- (i) the entity in which the person held the former office; or\n- (ii) another entity that performs substantially similar functions to the entity mentioned in subparagraph (i) .\n- (i) the entity in which the person held the former office; or\n- (ii) another entity that performs substantially similar functions to the entity mentioned in subparagraph (i) .\n- (a) chapter 3 , part 3 ; or\n- (b) if the former office of the person was as a police officer—the Police Service Administration Act 1990 , section 5 .2.","sortOrder":352},{"sectionNumber":"sec.273","sectionType":"section","heading":"Continuity of employment","content":"### sec.273 Continuity of employment\n\nThis section applies if a person is appointed or reappointed under section 272 .\nThe continuity of the person’s service with the State is taken not to have been broken by resignation from the person’s former office.\nHowever, the period during which the person’s service with the State was interrupted by the resignation can not be taken into account for working out the person’s total period of service with the State.\n(sec.273-ssec.1) This section applies if a person is appointed or reappointed under section 272 .\n(sec.273-ssec.2) The continuity of the person’s service with the State is taken not to have been broken by resignation from the person’s former office.\n(sec.273-ssec.3) However, the period during which the person’s service with the State was interrupted by the resignation can not be taken into account for working out the person’s total period of service with the State.","sortOrder":353},{"sectionNumber":"ch.8-pt.1","sectionType":"part","heading":"Application of other Acts to particular public service entities","content":"# Application of other Acts to particular public service entities","sortOrder":354},{"sectionNumber":"sec.274","sectionType":"section","heading":"Other Acts apply to particular public service entities as if entities were departments","content":"### sec.274 Other Acts apply to particular public service entities as if entities were departments\n\nAnother Act applies to a public service entity mentioned in section 9 (b) and its public service employees as if—\nthe entity were a department; and\nthe head of the entity were the department’s chief executive.\nWithout limiting subsection (1) , the head of the entity has, for the entity’s public service employees, all of a chief executive’s functions and powers.\nThis section does not affect—\nthe provisions about accountable officers under the Financial Accountability Act 2009 , section 65 ; or\nthe meaning of department under section 8 of that Act.\n(sec.274-ssec.1) Another Act applies to a public service entity mentioned in section 9 (b) and its public service employees as if— the entity were a department; and the head of the entity were the department’s chief executive.\n(sec.274-ssec.2) Without limiting subsection (1) , the head of the entity has, for the entity’s public service employees, all of a chief executive’s functions and powers.\n(sec.274-ssec.3) This section does not affect— the provisions about accountable officers under the Financial Accountability Act 2009 , section 65 ; or the meaning of department under section 8 of that Act.\n- (a) the entity were a department; and\n- (b) the head of the entity were the department’s chief executive.\n- (a) the provisions about accountable officers under the Financial Accountability Act 2009 , section 65 ; or\n- (b) the meaning of department under section 8 of that Act.","sortOrder":355},{"sectionNumber":"ch.8-pt.2","sectionType":"part","heading":"Government entities","content":"# Government entities","sortOrder":356},{"sectionNumber":"sec.275","sectionType":"section","heading":"Purpose of part","content":"### sec.275 Purpose of part\n\nThe purpose of this part is to assist in the transition to a simplified public sector framework by providing for—\nexisting references to government entities in other Acts; and\nreferences to government entities in chapter 6 , part 2 and chapter 7 , part 1 .\n- (a) existing references to government entities in other Acts; and\n- (b) references to government entities in chapter 6 , part 2 and chapter 7 , part 1 .","sortOrder":357},{"sectionNumber":"sec.276","sectionType":"section","heading":"What is a government entity","content":"### sec.276 What is a government entity\n\nAn entity is a government entity if it is—\na public service entity or part of a public service entity; or\nan agency, authority, commission, corporation, instrumentality, office, or other entity, established under an Act or under State authorisation for a public or State purpose; or\na part of an entity mentioned in paragraph (b) ; or\nanother entity, or part of another entity, prescribed by regulation to be a government entity; or\na registry or other administrative office of a court of the State.\nHowever, each of the following entities is not a government entity —\na local government;\na corporation owned by a local government, or a subsidiary of a corporation owned by a local government;\nthe parliamentary service established under the Parliamentary Service Act 1988 ;\nthe Governor’s official residence (known as ‘Government House’) and its associated administrative unit;\nthe Executive Council;\nthe Legislative Assembly;\na court of the State;\nthe police service to the extent that it does not include staff members mentioned in the Police Service Administration Act 1990 , section 2 .5(1)(a);\na school council established under the Education (General Provisions) Act 2006 or a university established under an Act;\na co-operative under the Co-operatives National Law (Queensland) for primary producers that is not in receipt of moneys of, or financial assistance from, the State;\na government owned corporation, unless a regulation declares it to be a government entity;\nanother entity, or part of another entity, prescribed by regulation not to be a government entity.\n(sec.276-ssec.1) An entity is a government entity if it is— a public service entity or part of a public service entity; or an agency, authority, commission, corporation, instrumentality, office, or other entity, established under an Act or under State authorisation for a public or State purpose; or a part of an entity mentioned in paragraph (b) ; or another entity, or part of another entity, prescribed by regulation to be a government entity; or a registry or other administrative office of a court of the State.\n(sec.276-ssec.2) However, each of the following entities is not a government entity — a local government; a corporation owned by a local government, or a subsidiary of a corporation owned by a local government; the parliamentary service established under the Parliamentary Service Act 1988 ; the Governor’s official residence (known as ‘Government House’) and its associated administrative unit; the Executive Council; the Legislative Assembly; a court of the State; the police service to the extent that it does not include staff members mentioned in the Police Service Administration Act 1990 , section 2 .5(1)(a); a school council established under the Education (General Provisions) Act 2006 or a university established under an Act; a co-operative under the Co-operatives National Law (Queensland) for primary producers that is not in receipt of moneys of, or financial assistance from, the State; a government owned corporation, unless a regulation declares it to be a government entity; another entity, or part of another entity, prescribed by regulation not to be a government entity.\n- (a) a public service entity or part of a public service entity; or\n- (b) an agency, authority, commission, corporation, instrumentality, office, or other entity, established under an Act or under State authorisation for a public or State purpose; or\n- (c) a part of an entity mentioned in paragraph (b) ; or\n- (d) another entity, or part of another entity, prescribed by regulation to be a government entity; or\n- (e) a registry or other administrative office of a court of the State.\n- (a) a local government;\n- (b) a corporation owned by a local government, or a subsidiary of a corporation owned by a local government;\n- (c) the parliamentary service established under the Parliamentary Service Act 1988 ;\n- (d) the Governor’s official residence (known as ‘Government House’) and its associated administrative unit;\n- (e) the Executive Council;\n- (f) the Legislative Assembly;\n- (g) a court of the State;\n- (h) the police service to the extent that it does not include staff members mentioned in the Police Service Administration Act 1990 , section 2 .5(1)(a);\n- (i) a school council established under the Education (General Provisions) Act 2006 or a university established under an Act;\n- (j) a co-operative under the Co-operatives National Law (Queensland) for primary producers that is not in receipt of moneys of, or financial assistance from, the State;\n- (k) a government owned corporation, unless a regulation declares it to be a government entity;\n- (l) another entity, or part of another entity, prescribed by regulation not to be a government entity.","sortOrder":358},{"sectionNumber":"ch.8-pt.3","sectionType":"part","heading":"Confidentiality","content":"# Confidentiality","sortOrder":359},{"sectionNumber":"sec.277","sectionType":"section","heading":"Definitions for part","content":"### sec.277 Definitions for part\n\nIn this part—\nconfidential information —\nmeans personal information about an individual but does not include—\nstatistical or other information that could not reasonably be expected to result in the identification of the individual; or\ninformation that is publicly available; and\nfor a reviewing entity—includes protected information.\ndisclose includes give access to.\nprotected information means information about an entity, other than information about an individual, that is obtained for a public sector review and is not publicly available.\n- (a) means personal information about an individual but does not include— (i) statistical or other information that could not reasonably be expected to result in the identification of the individual; or (ii) information that is publicly available; and\n- (i) statistical or other information that could not reasonably be expected to result in the identification of the individual; or\n- (ii) information that is publicly available; and\n- (b) for a reviewing entity—includes protected information.\n- (i) statistical or other information that could not reasonably be expected to result in the identification of the individual; or\n- (ii) information that is publicly available; and","sortOrder":360},{"sectionNumber":"sec.278","sectionType":"section","heading":"Duty of confidentiality","content":"### sec.278 Duty of confidentiality\n\nThis section applies to a person who—\nis, or has been, any of the following persons performing functions under or relating to the administration of this Act—\na public sector employee;\na staff member of the commission;\na person to whom a function of the commission under section 123 or 124 is delegated by the commissioner;\na reviewing entity;\na selection panel member; and\nin that capacity, acquired confidential information or has access to, or custody of, confidential information.\nThe person must not use or disclose the confidential information to anyone else, other than under this part.\nMaximum penalty—100 penalty units.\nIn this section—\nselection panel member means a member of a panel formed to make a recommendation to the chief executive of a public sector entity about employing a person under chapter 3 , part 3 in the entity.\n(sec.278-ssec.1) This section applies to a person who— is, or has been, any of the following persons performing functions under or relating to the administration of this Act— a public sector employee; a staff member of the commission; a person to whom a function of the commission under section 123 or 124 is delegated by the commissioner; a reviewing entity; a selection panel member; and in that capacity, acquired confidential information or has access to, or custody of, confidential information.\n(sec.278-ssec.2) The person must not use or disclose the confidential information to anyone else, other than under this part. Maximum penalty—100 penalty units.\n(sec.278-ssec.3) In this section— selection panel member means a member of a panel formed to make a recommendation to the chief executive of a public sector entity about employing a person under chapter 3 , part 3 in the entity.\n- (a) is, or has been, any of the following persons performing functions under or relating to the administration of this Act— (i) a public sector employee; (ii) a staff member of the commission; (iii) a person to whom a function of the commission under section 123 or 124 is delegated by the commissioner; (iv) a reviewing entity; (v) a selection panel member; and\n- (i) a public sector employee;\n- (ii) a staff member of the commission;\n- (iii) a person to whom a function of the commission under section 123 or 124 is delegated by the commissioner;\n- (iv) a reviewing entity;\n- (v) a selection panel member; and\n- (b) in that capacity, acquired confidential information or has access to, or custody of, confidential information.\n- (i) a public sector employee;\n- (ii) a staff member of the commission;\n- (iii) a person to whom a function of the commission under section 123 or 124 is delegated by the commissioner;\n- (iv) a reviewing entity;\n- (v) a selection panel member; and","sortOrder":361},{"sectionNumber":"sec.279","sectionType":"section","heading":"Use or disclosure for authorised purpose","content":"### sec.279 Use or disclosure for authorised purpose\n\nThe person may use or disclose the confidential information as follows—\nto the extent the use or disclosure is required or permitted under this Act or another Act or is necessary to perform the person’s functions under this Act or another Act;\nif the person to whom the information relates is an adult—with the person’s consent;\nif the person to whom the information relates is a child—with the consent of a parent of the child;\nif the information is protected information—with the consent of the entity to which the information relates;\nin compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal;\nif otherwise required or permitted under another law.\n- (a) to the extent the use or disclosure is required or permitted under this Act or another Act or is necessary to perform the person’s functions under this Act or another Act;\n- (b) if the person to whom the information relates is an adult—with the person’s consent;\n- (c) if the person to whom the information relates is a child—with the consent of a parent of the child;\n- (d) if the information is protected information—with the consent of the entity to which the information relates;\n- (e) in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal;\n- (f) if otherwise required or permitted under another law.","sortOrder":362},{"sectionNumber":"ch.8-pt.4","sectionType":"part","heading":"Delegation","content":"# Delegation","sortOrder":363},{"sectionNumber":"sec.280","sectionType":"section","heading":"Definition for part","content":"### sec.280 Definition for part\n\nIn this part—\nfunction includes power.","sortOrder":364},{"sectionNumber":"sec.281","sectionType":"section","heading":"Delegation of Minister’s functions","content":"### sec.281 Delegation of Minister’s functions\n\nThe Minister may delegate the Minister’s functions under section 192 to—\nthe chief executive of the department in which the Parliament of Queensland Act 2001 is administered; or\nanother appropriately qualified person.\nA function delegated under subsection (1) may not be subdelegated.\ns 281 amd 2024 No. 41 s 56\n(sec.281-ssec.1) The Minister may delegate the Minister’s functions under section 192 to— the chief executive of the department in which the Parliament of Queensland Act 2001 is administered; or another appropriately qualified person.\n(sec.281-ssec.2) A function delegated under subsection (1) may not be subdelegated.\n- (a) the chief executive of the department in which the Parliament of Queensland Act 2001 is administered; or\n- (b) another appropriately qualified person.","sortOrder":365},{"sectionNumber":"sec.282","sectionType":"section","heading":"Delegation of chief executive’s functions","content":"### sec.282 Delegation of chief executive’s functions\n\nThe chief executive of a public service entity may delegate the chief executive’s functions under this Act or another Act to an appropriately qualified person.\nThe chief executive of a public sector entity other than a public service entity may delegate the chief executive’s functions under this Act to an appropriately qualified person.\nA delegation of a function may permit the subdelegation of the function.\nIf a function is performed under another Act, the power to delegate or subdelegate the function is subject to the other Act.\n(sec.282-ssec.1) The chief executive of a public service entity may delegate the chief executive’s functions under this Act or another Act to an appropriately qualified person.\n(sec.282-ssec.2) The chief executive of a public sector entity other than a public service entity may delegate the chief executive’s functions under this Act to an appropriately qualified person.\n(sec.282-ssec.3) A delegation of a function may permit the subdelegation of the function.\n(sec.282-ssec.4) If a function is performed under another Act, the power to delegate or subdelegate the function is subject to the other Act.","sortOrder":366},{"sectionNumber":"sec.283","sectionType":"section","heading":"Delegation of commissioner’s functions","content":"### sec.283 Delegation of commissioner’s functions\n\nThe commissioner may delegate the commissioner’s functions under this Act to an appropriately qualified staff member of the commission.\nThe commissioner may also delegate the following functions to an appropriately qualified entity—\na function under section 123 ;\na function under section 124 , other than the giving of a report under section 124 (5) (b) that includes a direction.\nDespite subsections (1) and (2) , the commissioner can not delegate the following functions—\nmaking a directive;\napproving a report for a public sector review.\n(sec.283-ssec.1) The commissioner may delegate the commissioner’s functions under this Act to an appropriately qualified staff member of the commission.\n(sec.283-ssec.2) The commissioner may also delegate the following functions to an appropriately qualified entity— a function under section 123 ; a function under section 124 , other than the giving of a report under section 124 (5) (b) that includes a direction.\n(sec.283-ssec.3) Despite subsections (1) and (2) , the commissioner can not delegate the following functions— making a directive; approving a report for a public sector review.\n- (a) a function under section 123 ;\n- (b) a function under section 124 , other than the giving of a report under section 124 (5) (b) that includes a direction.\n- (a) making a directive;\n- (b) approving a report for a public sector review.","sortOrder":367},{"sectionNumber":"sec.284","sectionType":"section","heading":"Delegation of special commissioner’s functions","content":"### sec.284 Delegation of special commissioner’s functions\n\nA special commissioner may delegate the special commissioner’s functions under this Act to an appropriately qualified staff member of the commission.\nDespite subsection (1) , a special commissioner can not delegate the function of approving a report for a public sector review.\n(sec.284-ssec.1) A special commissioner may delegate the special commissioner’s functions under this Act to an appropriately qualified staff member of the commission.\n(sec.284-ssec.2) Despite subsection (1) , a special commissioner can not delegate the function of approving a report for a public sector review.","sortOrder":368},{"sectionNumber":"ch.8-pt.5","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":369},{"sectionNumber":"sec.285","sectionType":"section","heading":"Effect of Act on State","content":"### sec.285 Effect of Act on State\n\nSubject to subsection (3) , this Act binds the State.\nA person who employs another person under this Act employs the person 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 is not abrogated or restricted by any provision of this Act.\nSee chapter 3 , part 11 for summary dismissal and ending of employment.\n(sec.285-ssec.1) Subject to subsection (3) , this Act binds the State.\n(sec.285-ssec.2) A person who employs another person under this Act employs the person as the authorised agent of the State.\n(sec.285-ssec.3) The right or power of the State recognised at common law to dispense with the services of a person is not abrogated or restricted by any provision of this Act. See chapter 3 , part 11 for summary dismissal and ending of employment.","sortOrder":370},{"sectionNumber":"sec.286","sectionType":"section","heading":"Approved forms","content":"### sec.286 Approved forms\n\nThe commissioner may approve forms for use under this Act.","sortOrder":371},{"sectionNumber":"sec.287","sectionType":"section","heading":"Regulation-making power","content":"### sec.287 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may be made about—\nthe operation of a public sector entity; or\nthe entitlements, responsibilities, functions, powers or liabilities of public sector employees; or\nany matter that is permitted under this Act to be provided for by a directive.\nTo the extent this section permits the making of a regulation for remuneration and conditions of employment, the section is to be administered by the industrial relations Minister.\nA regulation may provide for administration of the regulation by a Minister other than the Minister.\n(sec.287-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.287-ssec.2) A regulation may be made about— the operation of a public sector entity; or the entitlements, responsibilities, functions, powers or liabilities of public sector employees; or any matter that is permitted under this Act to be provided for by a directive.\n(sec.287-ssec.3) To the extent this section permits the making of a regulation for remuneration and conditions of employment, the section is to be administered by the industrial relations Minister.\n(sec.287-ssec.4) A regulation may provide for administration of the regulation by a Minister other than the Minister.\n- (a) the operation of a public sector entity; or\n- (b) the entitlements, responsibilities, functions, powers or liabilities of public sector employees; or\n- (c) any matter that is permitted under this Act to be provided for by a directive.","sortOrder":372},{"sectionNumber":"sec.288","sectionType":"section","heading":null,"content":"### Section sec.288\n\ns 288 exp 1 March 2025 (see s 288(4))","sortOrder":373},{"sectionNumber":"ch.9-pt.1","sectionType":"part","heading":"Repeal","content":"# Repeal","sortOrder":374},{"sectionNumber":"sec.289","sectionType":"section","heading":"Repeal","content":"### sec.289 Repeal\n\nThe Public Service Act 2008, No. 38 is repealed.","sortOrder":375},{"sectionNumber":"ch.9-pt.2","sectionType":"part","heading":"Transitional provisions for Act No. 34 of 2022","content":"# Transitional provisions for Act No. 34 of 2022","sortOrder":376},{"sectionNumber":"ch.9-pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":377},{"sectionNumber":"sec.290","sectionType":"section","heading":"Definitions for part","content":"### sec.290 Definitions for part\n\nIn this part—\nrepealed Act means the repealed Public Service Act 2008 .\nrepealed regulation means the repealed Public Service Regulation 2018 .","sortOrder":378},{"sectionNumber":"sec.291","sectionType":"section","heading":"Words have meanings given by repealed Act","content":"### sec.291 Words have meanings given by repealed Act\n\nWords defined in the repealed Act immediately before its repeal and used in this part have the same meanings as they had under the repealed Act.","sortOrder":379},{"sectionNumber":"ch.9-pt.2-div.2","sectionType":"division","heading":"Savings provisions","content":"## Savings provisions","sortOrder":380},{"sectionNumber":"sec.292","sectionType":"section","heading":"Definitions for division","content":"### sec.292 Definitions for division\n\nIn this division—\ncorresponding provision , for a repealed provision, means a provision of this Act that is substantially the same as or equivalent to the repealed provision.\nrepealed provision means a provision of the repealed Act.","sortOrder":381},{"sectionNumber":"sec.293","sectionType":"section","heading":"Express references to principles of natural justice","content":"### sec.293 Express references to principles of natural justice\n\nThis section applies if a provision of the repealed Act expressly provided for an obligation to comply with the principles of natural justice.\nTo remove any doubt, it is declared that, if there is a corresponding provision for the repealed provision, the omission of an express reference to the principles of natural justice in the corresponding provision does not limit or otherwise affect an obligation under the corresponding provision to comply with procedural fairness implied under the general law.\n(sec.293-ssec.1) This section applies if a provision of the repealed Act expressly provided for an obligation to comply with the principles of natural justice.\n(sec.293-ssec.2) To remove any doubt, it is declared that, if there is a corresponding provision for the repealed provision, the omission of an express reference to the principles of natural justice in the corresponding provision does not limit or otherwise affect an obligation under the corresponding provision to comply with procedural fairness implied under the general law.","sortOrder":382},{"sectionNumber":"sec.294","sectionType":"section","heading":"Express references to reasonably performing function or reasonably exercising power","content":"### sec.294 Express references to reasonably performing function or reasonably exercising power\n\nThis section applies if a provision of the repealed Act expressly provided for a function to be performed reasonably or a power to be exercised reasonably.\nTo remove any doubt, it is declared that, if there is a corresponding provision for the repealed provision, the omission of an express reference to an obligation to perform the function reasonably or exercise the power reasonably does not limit or otherwise affect an obligation under the corresponding provision to perform the function reasonably or exercise the power reasonably implied under the general law.\n(sec.294-ssec.1) This section applies if a provision of the repealed Act expressly provided for a function to be performed reasonably or a power to be exercised reasonably.\n(sec.294-ssec.2) To remove any doubt, it is declared that, if there is a corresponding provision for the repealed provision, the omission of an express reference to an obligation to perform the function reasonably or exercise the power reasonably does not limit or otherwise affect an obligation under the corresponding provision to perform the function reasonably or exercise the power reasonably implied under the general law.","sortOrder":383},{"sectionNumber":"ch.9-pt.2-div.3","sectionType":"division","heading":"Public service employees","content":"## Public service employees","sortOrder":384},{"sectionNumber":"sec.295","sectionType":"section","heading":"Existing public service employees","content":"### sec.295 Existing public service employees\n\nThis section applies to a person who, immediately before the commencement, held an appointment or employment as a public service employee.\nThe person continues to be a public service employee under this Act on the same terms of appointment or employment that applied to the person immediately before the commencement.\nIf there is doubt about whether a person is an existing public service employee, a chief executive may, if the person asks, declare the person to be an existing public service employee.\nOn the making of the declaration, subsections (1) and (2) are taken to have always applied to the person.\n(sec.295-ssec.1) This section applies to a person who, immediately before the commencement, held an appointment or employment as a public service employee.\n(sec.295-ssec.2) The person continues to be a public service employee under this Act on the same terms of appointment or employment that applied to the person immediately before the commencement.\n(sec.295-ssec.3) If there is doubt about whether a person is an existing public service employee, a chief executive may, if the person asks, declare the person to be an existing public service employee.\n(sec.295-ssec.4) On the making of the declaration, subsections (1) and (2) are taken to have always applied to the person.","sortOrder":385},{"sectionNumber":"sec.296","sectionType":"section","heading":"Existing public service officers","content":"### sec.296 Existing public service officers\n\nThis section applies to a person who, immediately before the commencement, held an appointment or employment as a public service officer.\nThe person continues to be a public service officer under this Act on the same terms of appointment or employment that applied to the person immediately before the commencement.\nIf there is doubt about whether a person is an existing public service officer, a chief executive may, if the person asks, declare the person to be an existing public service officer.\nOn the making of the declaration, subsections (1) and (2) are taken to have always applied to the person.\n(sec.296-ssec.1) This section applies to a person who, immediately before the commencement, held an appointment or employment as a public service officer.\n(sec.296-ssec.2) The person continues to be a public service officer under this Act on the same terms of appointment or employment that applied to the person immediately before the commencement.\n(sec.296-ssec.3) If there is doubt about whether a person is an existing public service officer, a chief executive may, if the person asks, declare the person to be an existing public service officer.\n(sec.296-ssec.4) On the making of the declaration, subsections (1) and (2) are taken to have always applied to the person.","sortOrder":386},{"sectionNumber":"sec.297","sectionType":"section","heading":"Existing chief executives","content":"### sec.297 Existing chief executives\n\nThis section applies to a person who, immediately before the commencement, held an appointment as a chief executive.\nThe person continues to be a chief executive under this Act on the same terms of appointment that applied to the person immediately before the commencement.\n(sec.297-ssec.1) This section applies to a person who, immediately before the commencement, held an appointment as a chief executive.\n(sec.297-ssec.2) The person continues to be a chief executive under this Act on the same terms of appointment that applied to the person immediately before the commencement.","sortOrder":387},{"sectionNumber":"sec.298","sectionType":"section","heading":"Existing commission chief executive","content":"### sec.298 Existing commission chief executive\n\nThis section applies to the person who, immediately before the commencement, held appointment as the commission chief executive.\nFrom the commencement, the person is taken to hold appointment as the commissioner under this Act on the same terms of appointment as the commission chief executive that applied to the person immediately before the commencement.\n(sec.298-ssec.1) This section applies to the person who, immediately before the commencement, held appointment as the commission chief executive.\n(sec.298-ssec.2) From the commencement, the person is taken to hold appointment as the commissioner under this Act on the same terms of appointment as the commission chief executive that applied to the person immediately before the commencement.","sortOrder":388},{"sectionNumber":"sec.299","sectionType":"section","heading":"Existing secondments, transfers or redeployments","content":"### sec.299 Existing secondments, transfers or redeployments\n\nThis section applies to a person who, immediately before the commencement, was subject to a secondment, transfer or redeployment.\nThe secondment, transfer or redeployment continues under this Act on the same terms that applied to the person immediately before the commencement.\n(sec.299-ssec.1) This section applies to a person who, immediately before the commencement, was subject to a secondment, transfer or redeployment.\n(sec.299-ssec.2) The secondment, transfer or redeployment continues under this Act on the same terms that applied to the person immediately before the commencement.","sortOrder":389},{"sectionNumber":"sec.300","sectionType":"section","heading":"Existing requirements to disclose previous history of serious disciplinary action","content":"### sec.300 Existing requirements to disclose previous history of serious disciplinary action\n\nThis section applies if, before the commencement—\na chief executive of a department proposed to appoint or second a person to, or employ a person in, the department; and\nthe chief executive required the person, under the repealed Act, section 179A , to disclose to the chief executive particulars of any serious disciplinary action taken against the person; and\nthe chief executive had not decided whether to appoint, second or employ the person.\nFrom the commencement—\nthe repealed Act, section 179A , as in force immediately before the commencement, continues to apply in relation to the requirement despite the repeal of that section by this Act; and\nthe chief executive may use the information disclosed under the requirement in making an assessment about the person’s suitability for the appointment, secondment or employment.\n(sec.300-ssec.1) This section applies if, before the commencement— a chief executive of a department proposed to appoint or second a person to, or employ a person in, the department; and the chief executive required the person, under the repealed Act, section 179A , to disclose to the chief executive particulars of any serious disciplinary action taken against the person; and the chief executive had not decided whether to appoint, second or employ the person.\n(sec.300-ssec.2) From the commencement— the repealed Act, section 179A , as in force immediately before the commencement, continues to apply in relation to the requirement despite the repeal of that section by this Act; and the chief executive may use the information disclosed under the requirement in making an assessment about the person’s suitability for the appointment, secondment or employment.\n- (a) a chief executive of a department proposed to appoint or second a person to, or employ a person in, the department; and\n- (b) the chief executive required the person, under the repealed Act, section 179A , to disclose to the chief executive particulars of any serious disciplinary action taken against the person; and\n- (c) the chief executive had not decided whether to appoint, second or employ the person.\n- (a) the repealed Act, section 179A , as in force immediately before the commencement, continues to apply in relation to the requirement despite the repeal of that section by this Act; and\n- (b) the chief executive may use the information disclosed under the requirement in making an assessment about the person’s suitability for the appointment, secondment or employment.","sortOrder":390},{"sectionNumber":"sec.301","sectionType":"section","heading":"Existing work performance arrangements","content":"### sec.301 Existing work performance arrangements\n\nThis section applies to a person who, immediately before the commencement, was subject to a work performance arrangement made under the repealed Act, section 183 .\nFrom the commencement, the work performance arrangement is taken to be a mobility arrangement made under section 82 .\n(sec.301-ssec.1) This section applies to a person who, immediately before the commencement, was subject to a work performance arrangement made under the repealed Act, section 183 .\n(sec.301-ssec.2) From the commencement, the work performance arrangement is taken to be a mobility arrangement made under section 82 .","sortOrder":391},{"sectionNumber":"sec.302","sectionType":"section","heading":"Existing interchange arrangements","content":"### sec.302 Existing interchange arrangements\n\nThis section applies to a person who, immediately before the commencement, was subject to an interchange arrangement made under the repealed Act, section 184 .\nFrom the commencement, the interchange arrangement is taken to be a mobility arrangement made under section 82 .\n(sec.302-ssec.1) This section applies to a person who, immediately before the commencement, was subject to an interchange arrangement made under the repealed Act, section 184 .\n(sec.302-ssec.2) From the commencement, the interchange arrangement is taken to be a mobility arrangement made under section 82 .","sortOrder":392},{"sectionNumber":"sec.303","sectionType":"section","heading":"Existing consents to obtain criminal history","content":"### sec.303 Existing consents to obtain criminal history\n\nThis section applies if—\nbefore the commencement, a person gave written consent to a chief executive to obtain the person’s criminal history; and\nimmediately before the commencement, the chief executive had not asked the police commissioner for a written report about the person’s criminal history.\nFrom the commencement, the person is taken to have given the person’s consent to obtain the person’s criminal history under section 52 or 66 .\n(sec.303-ssec.1) This section applies if— before the commencement, a person gave written consent to a chief executive to obtain the person’s criminal history; and immediately before the commencement, the chief executive had not asked the police commissioner for a written report about the person’s criminal history.\n(sec.303-ssec.2) From the commencement, the person is taken to have given the person’s consent to obtain the person’s criminal history under section 52 or 66 .\n- (a) before the commencement, a person gave written consent to a chief executive to obtain the person’s criminal history; and\n- (b) immediately before the commencement, the chief executive had not asked the police commissioner for a written report about the person’s criminal history.","sortOrder":393},{"sectionNumber":"sec.304","sectionType":"section","heading":"Existing declarations of interest by chief executives","content":"### sec.304 Existing declarations of interest by chief executives\n\nThis section applies if—\nbefore the commencement, a chief executive gave a statement about the chief executive’s interests under the repealed Act, section 101 ; and\nimmediately before the commencement, the statement was still in effect.\nFrom the commencement, the chief executive is taken to have given the statement under section 182 .\n(sec.304-ssec.1) This section applies if— before the commencement, a chief executive gave a statement about the chief executive’s interests under the repealed Act, section 101 ; and immediately before the commencement, the statement was still in effect.\n(sec.304-ssec.2) From the commencement, the chief executive is taken to have given the statement under section 182 .\n- (a) before the commencement, a chief executive gave a statement about the chief executive’s interests under the repealed Act, section 101 ; and\n- (b) immediately before the commencement, the statement was still in effect.","sortOrder":394},{"sectionNumber":"sec.305","sectionType":"section","heading":"Existing declarations of interest by persons","content":"### sec.305 Existing declarations of interest by persons\n\nThis section applies if—\nbefore the commencement, a person gave a statement about the person’s interests under the repealed Act, section 185 ; and\nimmediately before the commencement, the statement was still in effect.\nFrom the commencement, the person is taken to have given the statement under section 88 .\n(sec.305-ssec.1) This section applies if— before the commencement, a person gave a statement about the person’s interests under the repealed Act, section 185 ; and immediately before the commencement, the statement was still in effect.\n(sec.305-ssec.2) From the commencement, the person is taken to have given the statement under section 88 .\n- (a) before the commencement, a person gave a statement about the person’s interests under the repealed Act, section 185 ; and\n- (b) immediately before the commencement, the statement was still in effect.","sortOrder":395},{"sectionNumber":"sec.306","sectionType":"section","heading":"Existing requirements to attend medical examination","content":"### sec.306 Existing requirements to attend medical examination\n\nThis section applies if, before the commencement, a chief executive required a person to submit to a medical examination under the repealed Act, section 175 .\nFrom the commencement, the requirement is taken to have been made under section 104 .\nTo remove any doubt, it is declared that chapter 3 , part 8 , division 5 applies in relation to the person and the requirement.\n(sec.306-ssec.1) This section applies if, before the commencement, a chief executive required a person to submit to a medical examination under the repealed Act, section 175 .\n(sec.306-ssec.2) From the commencement, the requirement is taken to have been made under section 104 .\n(sec.306-ssec.3) To remove any doubt, it is declared that chapter 3 , part 8 , division 5 applies in relation to the person and the requirement.","sortOrder":396},{"sectionNumber":"ch.9-pt.2-div.4","sectionType":"division","heading":"Directives","content":"## Directives","sortOrder":397},{"sectionNumber":"sec.307","sectionType":"section","heading":"Existing directives by commission chief executive","content":"### sec.307 Existing directives by commission chief executive\n\nThis section applies to a directive (a continued directive ) made by the commission chief executive that was in force under the repealed Act immediately before the commencement.\nThe continued directive—\nis taken to be a directive made by the commissioner under this Act; and\nmay be read with the changes necessary to give effect to paragraph (a); and\nmay be amended or repealed by the commissioner under this Act.\nDespite subsection (2)(a) and (b), a continued directive taken to be a directive made by the commissioner under this Act applies only in relation to entities and individuals to whom the continued directive applied before the commencement.\nTo remove any doubt, it is declared that, if a continued directive was in force as an applied ruling within the meaning of the repealed regulation, section 3(1)(b)(iv), the continued directive applies only in relation to entities and individuals to whom the continued directive applied under the repealed regulation before the commencement.\n(sec.307-ssec.1) This section applies to a directive (a continued directive ) made by the commission chief executive that was in force under the repealed Act immediately before the commencement.\n(sec.307-ssec.2) The continued directive— is taken to be a directive made by the commissioner under this Act; and may be read with the changes necessary to give effect to paragraph (a); and may be amended or repealed by the commissioner under this Act.\n(sec.307-ssec.3) Despite subsection (2)(a) and (b), a continued directive taken to be a directive made by the commissioner under this Act applies only in relation to entities and individuals to whom the continued directive applied before the commencement.\n(sec.307-ssec.4) To remove any doubt, it is declared that, if a continued directive was in force as an applied ruling within the meaning of the repealed regulation, section 3(1)(b)(iv), the continued directive applies only in relation to entities and individuals to whom the continued directive applied under the repealed regulation before the commencement.\n- (a) is taken to be a directive made by the commissioner under this Act; and\n- (b) may be read with the changes necessary to give effect to paragraph (a); and\n- (c) may be amended or repealed by the commissioner under this Act.","sortOrder":398},{"sectionNumber":"sec.308","sectionType":"section","heading":"Existing directives by industrial relations Minister","content":"### sec.308 Existing directives by industrial relations Minister\n\nThis section applies to a directive (a continued directive ) made by the industrial relations Minister that was in force under the repealed Act immediately before the commencement.\nThe continued directive—\nis taken to be a directive made by the industrial relations Minister under this Act; and\nmay be read with the changes necessary to give effect to paragraph (a); and\nmay be amended or repealed by the industrial relations Minister under this Act.\nDespite subsection (2)(a) and (b), a continued directive taken to be a directive made by the industrial relations Minister under this Act applies only in relation to entities and individuals to whom the continued directive applied before the commencement.\nTo remove any doubt, it is declared that, if a continued directive was in force as an applied ruling within the meaning of the repealed regulation, section 3(1)(b)(iv), the continued directive applies only in relation to entities and individuals to whom the continued directive applied under the repealed regulation before the commencement.\n(sec.308-ssec.1) This section applies to a directive (a continued directive ) made by the industrial relations Minister that was in force under the repealed Act immediately before the commencement.\n(sec.308-ssec.2) The continued directive— is taken to be a directive made by the industrial relations Minister under this Act; and may be read with the changes necessary to give effect to paragraph (a); and may be amended or repealed by the industrial relations Minister under this Act.\n(sec.308-ssec.3) Despite subsection (2)(a) and (b), a continued directive taken to be a directive made by the industrial relations Minister under this Act applies only in relation to entities and individuals to whom the continued directive applied before the commencement.\n(sec.308-ssec.4) To remove any doubt, it is declared that, if a continued directive was in force as an applied ruling within the meaning of the repealed regulation, section 3(1)(b)(iv), the continued directive applies only in relation to entities and individuals to whom the continued directive applied under the repealed regulation before the commencement.\n- (a) is taken to be a directive made by the industrial relations Minister under this Act; and\n- (b) may be read with the changes necessary to give effect to paragraph (a); and\n- (c) may be amended or repealed by the industrial relations Minister under this Act.","sortOrder":399},{"sectionNumber":"sec.309","sectionType":"section","heading":"References to existing directives","content":"### sec.309 References to existing directives\n\nA reference in another Act or a document to a directive made under the repealed Act may, if the context permits, be taken to be a reference to a directive made under this Act.","sortOrder":400},{"sectionNumber":"ch.9-pt.2-div.5","sectionType":"division","heading":"Delegations","content":"## Delegations","sortOrder":401},{"sectionNumber":"sec.310","sectionType":"section","heading":"Existing delegations by chief executives","content":"### sec.310 Existing delegations by chief executives\n\nThis section applies if—\nimmediately before the commencement, a delegation of a function or power by a chief executive was in effect under the repealed Act; and\nunder this Act, the chief executive may delegate the function or power to the person.\nFrom the commencement, the delegation continues to have effect as if it had been made under this Act.\n(sec.310-ssec.1) This section applies if— immediately before the commencement, a delegation of a function or power by a chief executive was in effect under the repealed Act; and under this Act, the chief executive may delegate the function or power to the person.\n(sec.310-ssec.2) From the commencement, the delegation continues to have effect as if it had been made under this Act.\n- (a) immediately before the commencement, a delegation of a function or power by a chief executive was in effect under the repealed Act; and\n- (b) under this Act, the chief executive may delegate the function or power to the person.","sortOrder":402},{"sectionNumber":"sec.311","sectionType":"section","heading":"Existing delegations by commission chief executive","content":"### sec.311 Existing delegations by commission chief executive\n\nThis section applies if—\nimmediately before the commencement, a delegation of a function or power by the commission chief executive was in effect under the repealed Act; and\nunder this Act, the commissioner may delegate the function or power to the person.\nFrom the commencement, the delegation continues to have effect as if it had been made by the commissioner under this Act.\n(sec.311-ssec.1) This section applies if— immediately before the commencement, a delegation of a function or power by the commission chief executive was in effect under the repealed Act; and under this Act, the commissioner may delegate the function or power to the person.\n(sec.311-ssec.2) From the commencement, the delegation continues to have effect as if it had been made by the commissioner under this Act.\n- (a) immediately before the commencement, a delegation of a function or power by the commission chief executive was in effect under the repealed Act; and\n- (b) under this Act, the commissioner may delegate the function or power to the person.","sortOrder":403},{"sectionNumber":"ch.9-pt.2-div.6","sectionType":"division","heading":"Disciplinary action and suspension","content":"## Disciplinary action and suspension","sortOrder":404},{"sectionNumber":"sec.312","sectionType":"section","heading":"Existing disciplinary action","content":"### sec.312 Existing disciplinary action\n\nThis section applies if—\nbefore the commencement, a chief executive started to take disciplinary action against a public service employee under the repealed Act; and\nimmediately before the commencement, the disciplinary action had not been completed.\nFrom the commencement, the disciplinary action continues under this Act.\n(sec.312-ssec.1) This section applies if— before the commencement, a chief executive started to take disciplinary action against a public service employee under the repealed Act; and immediately before the commencement, the disciplinary action had not been completed.\n(sec.312-ssec.2) From the commencement, the disciplinary action continues under this Act.\n- (a) before the commencement, a chief executive started to take disciplinary action against a public service employee under the repealed Act; and\n- (b) immediately before the commencement, the disciplinary action had not been completed.","sortOrder":405},{"sectionNumber":"sec.313","sectionType":"section","heading":"Existing disciplinary finding","content":"### sec.313 Existing disciplinary finding\n\nThis section applies if—\nbefore the commencement, a chief executive made a disciplinary finding against a public service employee under the repealed Act; and\nimmediately before the commencement, any disciplinary action in relation to the disciplinary finding had not been completed.\nFrom the commencement, the disciplinary finding is taken to be a disciplinary finding under this Act.\n(sec.313-ssec.1) This section applies if— before the commencement, a chief executive made a disciplinary finding against a public service employee under the repealed Act; and immediately before the commencement, any disciplinary action in relation to the disciplinary finding had not been completed.\n(sec.313-ssec.2) From the commencement, the disciplinary finding is taken to be a disciplinary finding under this Act.\n- (a) before the commencement, a chief executive made a disciplinary finding against a public service employee under the repealed Act; and\n- (b) immediately before the commencement, any disciplinary action in relation to the disciplinary finding had not been completed.","sortOrder":406},{"sectionNumber":"sec.314","sectionType":"section","heading":"Disciplinary ground arising before commencement","content":"### sec.314 Disciplinary ground arising before commencement\n\nChapter 3, part 8, division 3 applies in relation to a disciplinary ground whether the disciplinary ground arises before or after the commencement.","sortOrder":407},{"sectionNumber":"sec.315","sectionType":"section","heading":"Existing suspensions","content":"### sec.315 Existing suspensions\n\nThis section applies to a person who, immediately before the commencement, was subject to a suspension imposed under the repealed Act, section 137.\nFrom the commencement, the suspension continues under this Act on the same terms that applied to the person immediately before the commencement.\n(sec.315-ssec.1) This section applies to a person who, immediately before the commencement, was subject to a suspension imposed under the repealed Act, section 137.\n(sec.315-ssec.2) From the commencement, the suspension continues under this Act on the same terms that applied to the person immediately before the commencement.","sortOrder":408},{"sectionNumber":"sec.316","sectionType":"section","heading":"Reason for suspension arising before commencement","content":"### sec.316 Reason for suspension arising before commencement\n\nA suspension may be imposed under section 101 after the commencement whether the reason for suspension arises before or after the commencement.","sortOrder":409},{"sectionNumber":"ch.9-pt.2-div.7","sectionType":"division","heading":"Reviews and appeals","content":"## Reviews and appeals","sortOrder":410},{"sectionNumber":"sec.317","sectionType":"section","heading":"Existing request to review employment status","content":"### sec.317 Existing request to review employment status\n\nThis section applies if—\nbefore the commencement, a person asked a chief executive for a review of the person’s employment status under the repealed Act, section 149 ; and\nimmediately before the commencement, the review had not been decided.\nFrom the commencement—\nthe person is taken to have made the request under section 113 ; and\nthe chief executive must decide the request under section 114 .\n(sec.317-ssec.1) This section applies if— before the commencement, a person asked a chief executive for a review of the person’s employment status under the repealed Act, section 149 ; and immediately before the commencement, the review had not been decided.\n(sec.317-ssec.2) From the commencement— the person is taken to have made the request under section 113 ; and the chief executive must decide the request under section 114 .\n- (a) before the commencement, a person asked a chief executive for a review of the person’s employment status under the repealed Act, section 149 ; and\n- (b) immediately before the commencement, the review had not been decided.\n- (a) the person is taken to have made the request under section 113 ; and\n- (b) the chief executive must decide the request under section 114 .","sortOrder":411},{"sectionNumber":"sec.318","sectionType":"section","heading":"Existing review by chief executive of employment status","content":"### sec.318 Existing review by chief executive of employment status\n\nThis section applies if—\nbefore the commencement, the chief executive started to review a person’s employment status under the repealed Act, section 149B ; and\nimmediately before the commencement, the review had not been completed.\nFrom the commencement, the chief executive must complete the review under section 115 .\n(sec.318-ssec.1) This section applies if— before the commencement, the chief executive started to review a person’s employment status under the repealed Act, section 149B ; and immediately before the commencement, the review had not been completed.\n(sec.318-ssec.2) From the commencement, the chief executive must complete the review under section 115 .\n- (a) before the commencement, the chief executive started to review a person’s employment status under the repealed Act, section 149B ; and\n- (b) immediately before the commencement, the review had not been completed.","sortOrder":412},{"sectionNumber":"sec.319","sectionType":"section","heading":"Existing request to employ person at higher classification level","content":"### sec.319 Existing request to employ person at higher classification level\n\nThis section applies if—\nbefore the commencement, a person asked a chief executive to appoint the person to a position at a higher classification level as a general employee on tenure or as a public service officer under the repealed Act, section 149C ; and\nimmediately before the commencement, the request had not been decided.\nFrom the commencement—\nthe person is taken to have made the request under section 120 (1) ; and\nthe chief executive must decide the request under section 120 .\n(sec.319-ssec.1) This section applies if— before the commencement, a person asked a chief executive to appoint the person to a position at a higher classification level as a general employee on tenure or as a public service officer under the repealed Act, section 149C ; and immediately before the commencement, the request had not been decided.\n(sec.319-ssec.2) From the commencement— the person is taken to have made the request under section 120 (1) ; and the chief executive must decide the request under section 120 .\n- (a) before the commencement, a person asked a chief executive to appoint the person to a position at a higher classification level as a general employee on tenure or as a public service officer under the repealed Act, section 149C ; and\n- (b) immediately before the commencement, the request had not been decided.\n- (a) the person is taken to have made the request under section 120 (1) ; and\n- (b) the chief executive must decide the request under section 120 .","sortOrder":413},{"sectionNumber":"sec.320","sectionType":"section","heading":"Existing review by commission of department’s handling of work performance matters","content":"### sec.320 Existing review by commission of department’s handling of work performance matters\n\nThis section applies if—\nbefore the commencement, the commission started to conduct a review mentioned in the repealed Act, section 88I (2) ; and\nimmediately before the commencement, the review had not been completed.\nFrom the commencement, the commission must complete the review under section 123 .\n(sec.320-ssec.1) This section applies if— before the commencement, the commission started to conduct a review mentioned in the repealed Act, section 88I (2) ; and immediately before the commencement, the review had not been completed.\n(sec.320-ssec.2) From the commencement, the commission must complete the review under section 123 .\n- (a) before the commencement, the commission started to conduct a review mentioned in the repealed Act, section 88I (2) ; and\n- (b) immediately before the commencement, the review had not been completed.","sortOrder":414},{"sectionNumber":"sec.321","sectionType":"section","heading":"Reason for review of work performance matter arising before commencement","content":"### sec.321 Reason for review of work performance matter arising before commencement\n\nThe commission may, after the commencement, conduct a review under section 123 in relation to a public sector entity’s handling of a work performance matter whether the reason for the review arises before or after the commencement.","sortOrder":415},{"sectionNumber":"sec.322","sectionType":"section","heading":"Existing review by commission of procedural aspect of department’s handling of current work performance matter","content":"### sec.322 Existing review by commission of procedural aspect of department’s handling of current work performance matter\n\nThis section applies if—\nbefore the commencement, the commission started to conduct a review mentioned in the repealed Act, section 88IA (4) (a) ; and\nimmediately before the commencement, the review had not been completed.\nFrom the commencement, the commission must complete the review under section 124 .\n(sec.322-ssec.1) This section applies if— before the commencement, the commission started to conduct a review mentioned in the repealed Act, section 88IA (4) (a) ; and immediately before the commencement, the review had not been completed.\n(sec.322-ssec.2) From the commencement, the commission must complete the review under section 124 .\n- (a) before the commencement, the commission started to conduct a review mentioned in the repealed Act, section 88IA (4) (a) ; and\n- (b) immediately before the commencement, the review had not been completed.","sortOrder":416},{"sectionNumber":"sec.323","sectionType":"section","heading":"Reason for review of procedural aspect of public sector entity’s handling of current work performance matter arising before commencement","content":"### sec.323 Reason for review of procedural aspect of public sector entity’s handling of current work performance matter arising before commencement\n\nThe commission may, after the commencement, conduct a review under section 124 in relation to a procedural aspect of a public sector entity’s handling of a current work performance matter whether the reason for the review arises before or after the commencement.","sortOrder":417},{"sectionNumber":"sec.324","sectionType":"section","heading":"Existing appeal","content":"### sec.324 Existing appeal\n\nThis section applies if—\nbefore the commencement, a person appealed against a decision under the repealed Act, section 194 ; and\nimmediately before the commencement, the appeal had not been decided.\nFrom the commencement, the appeal must be heard and decided under chapter 3 , part 10 .\n(sec.324-ssec.1) This section applies if— before the commencement, a person appealed against a decision under the repealed Act, section 194 ; and immediately before the commencement, the appeal had not been decided.\n(sec.324-ssec.2) From the commencement, the appeal must be heard and decided under chapter 3 , part 10 .\n- (a) before the commencement, a person appealed against a decision under the repealed Act, section 194 ; and\n- (b) immediately before the commencement, the appeal had not been decided.","sortOrder":418},{"sectionNumber":"ch.9-pt.2-div.8","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":419},{"sectionNumber":"sec.325","sectionType":"section","heading":"Application of transitional provisions in relation to provisions applied to public service offices","content":"### sec.325 Application of transitional provisions in relation to provisions applied to public service offices\n\nThis section applies if a provision of the repealed regulation provided that particular provisions of the repealed Act (the applied provisions ) applied to a public service office, or person employed in the public service office, as mentioned in section 23 of the repealed Act.\nTo remove any doubt, it is declared that a provision of this part relating to an applied provision applies in relation to the entity, or person employed in the entity.\n(sec.325-ssec.1) This section applies if a provision of the repealed regulation provided that particular provisions of the repealed Act (the applied provisions ) applied to a public service office, or person employed in the public service office, as mentioned in section 23 of the repealed Act.\n(sec.325-ssec.2) To remove any doubt, it is declared that a provision of this part relating to an applied provision applies in relation to the entity, or person employed in the entity.","sortOrder":420},{"sectionNumber":"sec.326","sectionType":"section","heading":"References to repealed Act","content":"### sec.326 References to repealed Act\n\nA reference in an Act or a document to the repealed Act may, if the context permits, be taken to be a reference to this Act.","sortOrder":421},{"sectionNumber":"ch.9-pt.3","sectionType":"part","heading":"Transitional provisions for Brisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment Act 2024","content":"# Transitional provisions for Brisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment Act 2024","sortOrder":422},{"sectionNumber":"sec.327","sectionType":"section","heading":"Definitions for part","content":"### sec.327 Definitions for part\n\nIn this part—\ncurrent commissioner means the commissioner appointed before the commencement.\nformer , for a provision of this Act, means the provision as in force immediately before the commencement.\nnew , for a provision of this Act, means the provision as in force from the commencement.\ns 327 ins 2024 No. 53 s 45","sortOrder":423},{"sectionNumber":"sec.328","sectionType":"section","heading":"Remuneration and conditions of commissioner","content":"### sec.328 Remuneration and conditions of commissioner\n\nNew section 215 applies to a commissioner only if the commissioner is appointed or reappointed after the commencement.\nFormer section 215 continues to apply to the current commissioner in relation to the term stated in the current commissioner’s original instrument of appointment.\nHowever, in relation to the current commissioner—\nthe appointment and written contract of employment between the current commissioner and the Minister may not be terminated under former section 215(3); and\nthe current commissioner may be removed from office only under new section 215(2); and\nnew section 215(5) applies to the current commissioner.\nIf the current commissioner is removed from office under new section 215(2), the appointment and written contract of employment between the current commissioner and the Minister is taken to be terminated.\nSubsection (3) and (4) apply despite anything in the appointment and written contract of employment between the current commissioner and the Minister, or in the terms and conditions mentioned in former section 215(5).\nHowever, a term of the written contract of employment between the current commissioner and the Minister that enables the current commissioner and the Minister to terminate the contract by mutual agreement continues to apply in relation to the current commissioner.\ns 328 ins 2024 No. 53 s 45\n(sec.328-ssec.1) New section 215 applies to a commissioner only if the commissioner is appointed or reappointed after the commencement.\n(sec.328-ssec.2) Former section 215 continues to apply to the current commissioner in relation to the term stated in the current commissioner’s original instrument of appointment.\n(sec.328-ssec.3) However, in relation to the current commissioner— the appointment and written contract of employment between the current commissioner and the Minister may not be terminated under former section 215(3); and the current commissioner may be removed from office only under new section 215(2); and new section 215(5) applies to the current commissioner.\n(sec.328-ssec.4) If the current commissioner is removed from office under new section 215(2), the appointment and written contract of employment between the current commissioner and the Minister is taken to be terminated.\n(sec.328-ssec.5) Subsection (3) and (4) apply despite anything in the appointment and written contract of employment between the current commissioner and the Minister, or in the terms and conditions mentioned in former section 215(5).\n(sec.328-ssec.6) However, a term of the written contract of employment between the current commissioner and the Minister that enables the current commissioner and the Minister to terminate the contract by mutual agreement continues to apply in relation to the current commissioner.\n- (a) the appointment and written contract of employment between the current commissioner and the Minister may not be terminated under former section 215(3); and\n- (b) the current commissioner may be removed from office only under new section 215(2); and\n- (c) new section 215(5) applies to the current commissioner.","sortOrder":424},{"sectionNumber":"sec.329","sectionType":"section","heading":"Vacancy in office of commissioner","content":"### sec.329 Vacancy in office of commissioner\n\nNew section 216(a) applies to a commissioner whether the commissioner is appointed before or after the commencement.\nAlso, the office of the commissioner held by the current commissioner becomes vacant if the office becomes vacant under the written contract of employment between the current commissioner and the Minister or under the terms and conditions mentioned in former section 215(5).\ns 329 ins 2024 No. 53 s 45\n(sec.329-ssec.1) New section 216(a) applies to a commissioner whether the commissioner is appointed before or after the commencement.\n(sec.329-ssec.2) Also, the office of the commissioner held by the current commissioner becomes vacant if the office becomes vacant under the written contract of employment between the current commissioner and the Minister or under the terms and conditions mentioned in former section 215(5).","sortOrder":425},{"sectionNumber":"ch.9-pt.4","sectionType":"part","heading":"Declaratory and validating provisions for Police Powers and Responsibilities (Making Jack’s Law Permanent) and Other Legislation Amendment Act 2025","content":"# Declaratory and validating provisions for Police Powers and Responsibilities (Making Jack’s Law Permanent) and Other Legislation Amendment Act 2025","sortOrder":426},{"sectionNumber":"ch.9-pt.4-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":427},{"sectionNumber":"sec.330","sectionType":"section","heading":"Definitions for part","content":"### sec.330 Definitions for part\n\nIn this part—\nfire commissioner means the commissioner under the Fire Services Act 1990 .\nfire services department means the department in which the Fire Services Act 1990 is administered.\nrepealed Act means the repealed Public Service Act 2008 .\ns 330 ins 2025 No. 11 s 19D","sortOrder":428},{"sectionNumber":"sec.331","sectionType":"section","heading":"Particular references","content":"### sec.331 Particular references\n\nIn this part—\na reference to the Fire Services Act 1990 is a reference to that Act as in force from time to time; and\na reference to a provision of the repealed Act is a reference to the provision as in force from time to time.\ns 331 ins 2025 No. 11 s 19D\n- (a) a reference to the Fire Services Act 1990 is a reference to that Act as in force from time to time; and\n- (b) a reference to a provision of the repealed Act is a reference to the provision as in force from time to time.","sortOrder":429},{"sectionNumber":"ch.9-pt.4-div.2","sectionType":"division","heading":"Provisions relating to Fire Services Act 1990","content":"## Provisions relating to Fire Services Act 1990","sortOrder":430},{"sectionNumber":"sec.332","sectionType":"section","heading":"Particular fire commissioner","content":"### sec.332 Particular fire commissioner\n\nThis section applies in relation to a person who—\nbefore the commencement, was appointed under the Fire Services Act 1990 as a fire commissioner; and\nwas, under the repealed Act, section 94, appointed or purportedly appointed by the relevant Minister to act, during the validation period, as the chief executive of the fire services department.\nIt is declared that, despite the Fire Services Act 1990 —\nthe relevant Minister is taken to have always had the power to appoint the person to act, during the validation period, as the chief executive of the fire services department; and\nthe person is taken to have been validly appointed under the repealed Act, section 94 to act, during the validation period, as the chief executive of the fire services department.\nAnything done or omitted to be done by the person, or another entity, during the validation period is taken to be, and to have always been, as valid and lawful as it would be or would have been had the person been validly appointed under the repealed Act, section 94 to act as the chief executive of the fire services department for that period.\nAnything done or omitted to be done by an entity, relying on the validity of a decision made or other thing done by the person or an entity during the validation period, is taken to be, and to have always been, as valid and lawful as it would be or would have been had the person been validly appointed to act as the chief executive of the fire services department under the repealed Act, section 94 when the decision was made or other thing done.\nIn this section—\nrelevant Minister means the Minister administering the Fire Services department when the appointment or purported appointment mentioned in subsection (1)(b) was made.\nvalidation period means the period from 1 November 2013 to 30 June 2014, both days inclusive.\ns 332 ins 2025 No. 11 s 19D\n(sec.332-ssec.1) This section applies in relation to a person who— before the commencement, was appointed under the Fire Services Act 1990 as a fire commissioner; and was, under the repealed Act, section 94, appointed or purportedly appointed by the relevant Minister to act, during the validation period, as the chief executive of the fire services department.\n(sec.332-ssec.2) It is declared that, despite the Fire Services Act 1990 — the relevant Minister is taken to have always had the power to appoint the person to act, during the validation period, as the chief executive of the fire services department; and the person is taken to have been validly appointed under the repealed Act, section 94 to act, during the validation period, as the chief executive of the fire services department.\n(sec.332-ssec.3) Anything done or omitted to be done by the person, or another entity, during the validation period is taken to be, and to have always been, as valid and lawful as it would be or would have been had the person been validly appointed under the repealed Act, section 94 to act as the chief executive of the fire services department for that period.\n(sec.332-ssec.4) Anything done or omitted to be done by an entity, relying on the validity of a decision made or other thing done by the person or an entity during the validation period, is taken to be, and to have always been, as valid and lawful as it would be or would have been had the person been validly appointed to act as the chief executive of the fire services department under the repealed Act, section 94 when the decision was made or other thing done.\n(sec.332-ssec.5) In this section— relevant Minister means the Minister administering the Fire Services department when the appointment or purported appointment mentioned in subsection (1)(b) was made. validation period means the period from 1 November 2013 to 30 June 2014, both days inclusive.\n- (a) before the commencement, was appointed under the Fire Services Act 1990 as a fire commissioner; and\n- (b) was, under the repealed Act, section 94, appointed or purportedly appointed by the relevant Minister to act, during the validation period, as the chief executive of the fire services department.\n- (a) the relevant Minister is taken to have always had the power to appoint the person to act, during the validation period, as the chief executive of the fire services department; and\n- (b) the person is taken to have been validly appointed under the repealed Act, section 94 to act, during the validation period, as the chief executive of the fire services department.","sortOrder":431},{"sectionNumber":"sec.333","sectionType":"section","heading":"Particular acting fire commissioners—1 November 2013 to 20 May 2014","content":"### sec.333 Particular acting fire commissioners—1 November 2013 to 20 May 2014\n\nThis section applies in relation to a person who, during the validation period—\nwas, under the Fire Services Act 1990 , appointed or purportedly appointed by the relevant Minister to act in the office of fire commissioner for a particular period (the acting period ); and\nwas, under the repealed Act, section 94, appointed or purportedly appointed by the relevant Minister to act as the chief executive of the fire services department for the acting period.\nIt is declared that, despite the Fire Services Act 1990 —\nthe relevant Minister is taken to have always had the power to appoint the person to act in both of the following offices (each a relevant office ) for the acting period—\nthe office of fire commissioner;\nthe chief executive of the fire services department; and\nthe person is taken to have been validly appointed, under the Fire Services Act 1990 , to act in the office of fire commissioner for the acting period; and\nthe person is taken to have been validly appointed under the repealed Act, section 94 to act as the chief executive of the fire services department for the acting period.\nAnything done or omitted to be done by the person, or another entity, during the acting period is taken to be, and to have always been, as valid and lawful as it would be or would have been had the person been validly appointed to act in both of the relevant offices for that period.\nAnything done or omitted to be done by an entity, relying on the validity of a decision made, or other thing done, by the person or an entity during the acting period, is taken to be, and to have always been, as valid and lawful as it would be or would have been had the person been validly appointed to act in both of the relevant offices when the decision was made or other thing done.\nIn this section—\nrelevant Minister , in relation to an appointment or purported appointment, means the Minister administering the fire services department when the appointment or purported appointment was made.\nvalidation period means the period from 1 November 2013 to 20 May 2014, both days inclusive.\ns 333 ins 2025 No. 11 s 19D\n(sec.333-ssec.1) This section applies in relation to a person who, during the validation period— was, under the Fire Services Act 1990 , appointed or purportedly appointed by the relevant Minister to act in the office of fire commissioner for a particular period (the acting period ); and was, under the repealed Act, section 94, appointed or purportedly appointed by the relevant Minister to act as the chief executive of the fire services department for the acting period.\n(sec.333-ssec.2) It is declared that, despite the Fire Services Act 1990 — the relevant Minister is taken to have always had the power to appoint the person to act in both of the following offices (each a relevant office ) for the acting period— the office of fire commissioner; the chief executive of the fire services department; and the person is taken to have been validly appointed, under the Fire Services Act 1990 , to act in the office of fire commissioner for the acting period; and the person is taken to have been validly appointed under the repealed Act, section 94 to act as the chief executive of the fire services department for the acting period.\n(sec.333-ssec.3) Anything done or omitted to be done by the person, or another entity, during the acting period is taken to be, and to have always been, as valid and lawful as it would be or would have been had the person been validly appointed to act in both of the relevant offices for that period.\n(sec.333-ssec.4) Anything done or omitted to be done by an entity, relying on the validity of a decision made, or other thing done, by the person or an entity during the acting period, is taken to be, and to have always been, as valid and lawful as it would be or would have been had the person been validly appointed to act in both of the relevant offices when the decision was made or other thing done.\n(sec.333-ssec.5) In this section— relevant Minister , in relation to an appointment or purported appointment, means the Minister administering the fire services department when the appointment or purported appointment was made. validation period means the period from 1 November 2013 to 20 May 2014, both days inclusive.\n- (a) was, under the Fire Services Act 1990 , appointed or purportedly appointed by the relevant Minister to act in the office of fire commissioner for a particular period (the acting period ); and\n- (b) was, under the repealed Act, section 94, appointed or purportedly appointed by the relevant Minister to act as the chief executive of the fire services department for the acting period.\n- (a) the relevant Minister is taken to have always had the power to appoint the person to act in both of the following offices (each a relevant office ) for the acting period— (i) the office of fire commissioner; (ii) the chief executive of the fire services department; and\n- (i) the office of fire commissioner;\n- (ii) the chief executive of the fire services department; and\n- (b) the person is taken to have been validly appointed, under the Fire Services Act 1990 , to act in the office of fire commissioner for the acting period; and\n- (c) the person is taken to have been validly appointed under the repealed Act, section 94 to act as the chief executive of the fire services department for the acting period.\n- (i) the office of fire commissioner;\n- (ii) the chief executive of the fire services department; and","sortOrder":432},{"sectionNumber":"sec.334","sectionType":"section","heading":"Particular acting fire commissioners—1 November 2013 to 30 June 2014","content":"### sec.334 Particular acting fire commissioners—1 November 2013 to 30 June 2014\n\nThis section applies if—\nduring the validation period, a person was appointed under the Fire Services Act 1990 to act in the office of fire commissioner for a particular period (the acting period ); and\nno one was appointed, or purportedly appointed, under the repealed Act, section 94 to act as the chief executive of the fire services department for the acting period.\nSubsection (3) applies if the person was appointed under the Fire Services Act 1990 to act in the office of fire commissioner before 21 May 2014.\nIt is declared that, despite the Fire Services Act 1990 , the person is taken to have been validly appointed under the repealed Act, section 94 to act as the chief executive of the fire services department for the acting period.\nSubsection (5) applies if the person was appointed under the Fire Services Act 1990 to act in the office of fire commissioner on or after 21 May 2014.\nIt is declared that the person is taken to have been validly appointed under the repealed Act, section 94 to act as the chief executive of the fire services department for the acting period.\nAnything done or omitted to be done by the person, or another entity, during the acting period is taken to be, and to have always been, as valid and lawful as it would be or would have been had the person been validly appointed to act as the chief executive of the fire services department under the repealed Act, section 94 for that period.\nAnything done or omitted to be done by an entity, relying on the validity of a decision made, or other thing done, by the person or an entity during the acting period, is taken to be, and to have always been, as valid and lawful as it would be or would have been had the person been validly appointed to act as the chief executive of the fire services department under the repealed Act, section 94 when the decision was made or other thing done.\nIn this section—\nvalidation period means the period from 1 November 2013 to 30 June 2014, both days inclusive.\ns 334 ins 2025 No. 11 s 19D\n(sec.334-ssec.1) This section applies if— during the validation period, a person was appointed under the Fire Services Act 1990 to act in the office of fire commissioner for a particular period (the acting period ); and no one was appointed, or purportedly appointed, under the repealed Act, section 94 to act as the chief executive of the fire services department for the acting period.\n(sec.334-ssec.2) Subsection (3) applies if the person was appointed under the Fire Services Act 1990 to act in the office of fire commissioner before 21 May 2014.\n(sec.334-ssec.3) It is declared that, despite the Fire Services Act 1990 , the person is taken to have been validly appointed under the repealed Act, section 94 to act as the chief executive of the fire services department for the acting period.\n(sec.334-ssec.4) Subsection (5) applies if the person was appointed under the Fire Services Act 1990 to act in the office of fire commissioner on or after 21 May 2014.\n(sec.334-ssec.5) It is declared that the person is taken to have been validly appointed under the repealed Act, section 94 to act as the chief executive of the fire services department for the acting period.\n(sec.334-ssec.6) Anything done or omitted to be done by the person, or another entity, during the acting period is taken to be, and to have always been, as valid and lawful as it would be or would have been had the person been validly appointed to act as the chief executive of the fire services department under the repealed Act, section 94 for that period.\n(sec.334-ssec.7) Anything done or omitted to be done by an entity, relying on the validity of a decision made, or other thing done, by the person or an entity during the acting period, is taken to be, and to have always been, as valid and lawful as it would be or would have been had the person been validly appointed to act as the chief executive of the fire services department under the repealed Act, section 94 when the decision was made or other thing done.\n(sec.334-ssec.8) In this section— validation period means the period from 1 November 2013 to 30 June 2014, both days inclusive.\n- (a) during the validation period, a person was appointed under the Fire Services Act 1990 to act in the office of fire commissioner for a particular period (the acting period ); and\n- (b) no one was appointed, or purportedly appointed, under the repealed Act, section 94 to act as the chief executive of the fire services department for the acting period.","sortOrder":433},{"sectionNumber":"ch.9-pt.4-div.3","sectionType":"division","heading":"Provisions relating to Police Service Administration Act 1990","content":"## Provisions relating to Police Service Administration Act 1990","sortOrder":434},{"sectionNumber":"sec.335","sectionType":"section","heading":"Particular commissioners under Police Service Administration Act 1990","content":"### sec.335 Particular commissioners under Police Service Administration Act 1990\n\nThis section applies in relation to a person who, during the validation period—\nwas appointed as commissioner of the police service under the Police Service Administration Act 1990 , section 4 .2; and\nwas not declared to be the chief executive of the Queensland Police Service under the repealed Act, section 95.\nIt is declared that the person is taken to have been validly declared under the repealed Act, section 95 to be the chief executive of the Queensland Police Service for the person’s appointment period.\nAnything done or omitted to be done by the person, or another entity, during the person’s appointment period is taken to be, and to have always been, as valid and lawful as it would be or would have been had the person been validly declared to be the chief executive of the Queensland Police Service under the repealed Act, section 95 for that period.\nAnything done or omitted to be done by an entity, relying on the validity of a decision made, or other thing done, by the person or an entity during the person’s appointment period, is taken to be, and to have always been, as valid and lawful as it would be or would have been had the person been validly declared to be the chief executive of the Queensland Police Service under the repealed Act, section 95 when the decision was made or other thing done.\nIn this section—\nappointment period , in relation to a person, means the period, during the validation period, the person held office as the commissioner of the police service under the Police Service Administration Act 1990 .\nvalidation period means the period from 1 November 2012 to 28 February 2023, both days inclusive.\ns 335 ins 2025 No. 11 s 19D\n(sec.335-ssec.1) This section applies in relation to a person who, during the validation period— was appointed as commissioner of the police service under the Police Service Administration Act 1990 , section 4 .2; and was not declared to be the chief executive of the Queensland Police Service under the repealed Act, section 95.\n(sec.335-ssec.2) It is declared that the person is taken to have been validly declared under the repealed Act, section 95 to be the chief executive of the Queensland Police Service for the person’s appointment period.\n(sec.335-ssec.3) Anything done or omitted to be done by the person, or another entity, during the person’s appointment period is taken to be, and to have always been, as valid and lawful as it would be or would have been had the person been validly declared to be the chief executive of the Queensland Police Service under the repealed Act, section 95 for that period.\n(sec.335-ssec.4) Anything done or omitted to be done by an entity, relying on the validity of a decision made, or other thing done, by the person or an entity during the person’s appointment period, is taken to be, and to have always been, as valid and lawful as it would be or would have been had the person been validly declared to be the chief executive of the Queensland Police Service under the repealed Act, section 95 when the decision was made or other thing done.\n(sec.335-ssec.5) In this section— appointment period , in relation to a person, means the period, during the validation period, the person held office as the commissioner of the police service under the Police Service Administration Act 1990 . validation period means the period from 1 November 2012 to 28 February 2023, both days inclusive.\n- (a) was appointed as commissioner of the police service under the Police Service Administration Act 1990 , section 4 .2; and\n- (b) was not declared to be the chief executive of the Queensland Police Service under the repealed Act, section 95.","sortOrder":435},{"sectionNumber":"sec.336","sectionType":"section","heading":"Particular acting commissioners under Police Service Administration Act 1990","content":"### sec.336 Particular acting commissioners under Police Service Administration Act 1990\n\nThis section applies if—\nduring the validation period, a person was appointed to act as commissioner of the police service under the Police Service Administration Act 1990 , section 4 .11 for a particular period (the acting period ); and\nno one was appointed, under the repealed Act, section 94 to act as the chief executive of the Queensland Police Service for the acting period.\nIt is declared that the person is taken to have been validly appointed under the repealed Act, section 94 to act as the chief executive of the Queensland Police Service for the acting period.\nAnything done or omitted to be done by the person, or another entity, during the acting period is taken to be, and to have always been, as valid and lawful as it would be or would have been had the person been validly appointed to act as the chief executive of the Queensland Police Service under the repealed Act, section 94 for that period.\nAnything done or omitted to be done by an entity, relying on the validity of a decision made, or other thing done, by the person or an entity during the acting period, is taken to be, and to have always been, as valid and lawful as it would be or would have been had the person been validly appointed to act as the chief executive of the Queensland Police Service under the repealed Act, section 94 when the decision was made or other thing done.\nIn this section—\nvalidation period means the period from 1 November 2012 to 28 February 2023, both days inclusive.\ns 336 ins 2025 No. 11 s 19D\n(sec.336-ssec.1) This section applies if— during the validation period, a person was appointed to act as commissioner of the police service under the Police Service Administration Act 1990 , section 4 .11 for a particular period (the acting period ); and no one was appointed, under the repealed Act, section 94 to act as the chief executive of the Queensland Police Service for the acting period.\n(sec.336-ssec.2) It is declared that the person is taken to have been validly appointed under the repealed Act, section 94 to act as the chief executive of the Queensland Police Service for the acting period.\n(sec.336-ssec.3) Anything done or omitted to be done by the person, or another entity, during the acting period is taken to be, and to have always been, as valid and lawful as it would be or would have been had the person been validly appointed to act as the chief executive of the Queensland Police Service under the repealed Act, section 94 for that period.\n(sec.336-ssec.4) Anything done or omitted to be done by an entity, relying on the validity of a decision made, or other thing done, by the person or an entity during the acting period, is taken to be, and to have always been, as valid and lawful as it would be or would have been had the person been validly appointed to act as the chief executive of the Queensland Police Service under the repealed Act, section 94 when the decision was made or other thing done.\n(sec.336-ssec.5) In this section— validation period means the period from 1 November 2012 to 28 February 2023, both days inclusive.\n- (a) during the validation period, a person was appointed to act as commissioner of the police service under the Police Service Administration Act 1990 , section 4 .11 for a particular period (the acting period ); and\n- (b) no one was appointed, under the repealed Act, section 94 to act as the chief executive of the Queensland Police Service for the acting period.","sortOrder":436}],"analysis":{"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act goes beyond a straightforward public sector employment framework. It incorporates significant social policy objectives — particularly a structured 'reframing the relationship' regime for Aboriginal and Torres Strait Islander peoples, detailed equity and diversity obligations across the broader public sector (including police), and a cultural capability planning regime. These elements extend the Act's reach well beyond traditional public administration and employment law into areas of reconciliation policy, anti-discrimination, and cultural change management."},"complexity_factors":["Multiple layered definitions with extensive inclusions and exclusions (e.g., 'public sector entity' has at least 4 inclusion categories and 20 exclusion categories)","Numerous cross-references to other Acts (Industrial Relations Act 2016, Hospital and Health Boards Act 2011, Anti-Discrimination Act 1991, Public Sector Ethics Act 1994, Financial Accountability Act 2009, and many more)","Several different overlapping categories of entities and employees (public sector entity vs public service entity vs department; public sector employee vs public service employee vs public service officer)","Parallel regulatory frameworks operating simultaneously — directives, industrial instruments, contracts, and this Act all interact to govern employment conditions","Different obligations applying to different categories of entities ('reframing entities', 'prescribed entities' under Chapter 1 Part 3, 'prescribed entities' under Chapter 2 — each defined differently)","Provisions that appear directive but expressly do not create legal rights or invalidate decisions, creating ambiguity about enforceability","Delegation of significant detail to regulations and schedules not fully reproduced here","The Act is only partially reproduced, suggesting the full document is substantially longer and more complex"],"plain_english_summary":"## Queensland Public Sector Act 2022 — What It Does and Who It Affects\n\n### What is this law?\nThis is Queensland's main law governing how the Queensland public sector (government departments, agencies, commissions and similar bodies) is run, how government employees are hired and managed, and what standards they must meet.\n\n### Who does it affect?\n**If you work for the Queensland government** — this law directly governs your employment. It sets out your rights, how you can be hired or promoted, how your performance is managed, and what you can do if you're treated unfairly.\n\n**If you're a Queenslander using government services** — this law affects the quality and fairness of those services. It requires public servants to act honestly, impartially and in the public interest.\n\n**If you're Aboriginal or Torres Strait Islander** — the Act has specific obligations requiring government bodies to actively recognise your right to self-determination (the right of peoples to make decisions about their own lives and communities), promote your perspectives, and work toward culturally safe workplaces.\n\n### Key things this law does:\n\n1. **Sets up the structures** — Creates the Public Sector Commission (the oversight body for the public service), a Public Sector Commissioner (a senior independent official overseeing public sector management), and a Public Sector Governance Council (a body providing oversight of how government entities are run).\n\n2. **Defines who's in (and out)** — Explains in detail what counts as a 'public sector entity' and who counts as a 'public sector employee.' Notably, local councils, universities, police (mostly), courts, and government-owned corporations are generally *not* covered unless specifically brought in.\n\n3. **Requires fairness in hiring** — Permanent employment is the default. Hiring must be merit-based (the best person for the job), transparent, and fair. People from disadvantaged groups (women, Aboriginal and Torres Strait Islander peoples, people with disability, and people from culturally and linguistically diverse backgrounds) must have equal opportunities.\n\n4. **Mandates equity and diversity plans** — Every covered government body must have a written plan to improve diversity in its workforce, conduct annual audits, and report on progress. The Commissioner can ask for information and recommend improvements.\n\n5. **Requires 'reframing the relationship' plans** — Major agencies (departments, hospital and health services, police) must publish plans showing how they will build cultural capability (understanding and respect for Aboriginal and Torres Strait Islander cultures) and review those plans each year.\n\n6. **Sets conduct standards** — All public servants must act honestly, fairly, and in the public interest. Managers must proactively support their teams, address poor performance promptly, and ensure fair treatment.\n\n7. **Protects employee rights** — Employees are entitled to fair and independent reviews and appeals if decisions are made about their employment.\n\n### Important limitation\nSome of the 'reframing the relationship' obligations don't create legally enforceable rights — meaning an individual can't sue the government just because an agency didn't follow those specific provisions."},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"sec.3 and sec.3-ssec","severity":"low","reasoning":"While this appears to be a formatting/drafting artefact rather than a substantive legal flaw, it is logically redundant. A section and its sole subsection containing identical text serves no interpretive purpose and adds confusion about whether the subsection was intended to add something or merely restate.","confidence":0.75,"description":"Section 3 contains a verbatim duplication of the entire main purpose provision. The section header and its subsection (sec.3-ssec) state identical text: 'The main purpose of this Act is to provide a framework for a fair and integrated public sector that serves the people of Queensland and the State.' This creates a tautological structure where the section defines itself through exact repetition."},{"type":"other","section":"sec.4","severity":"low","reasoning":"Drafting artefact producing logical redundancy throughout the introductory provisions.","confidence":0.75,"description":"Section 4 similarly reproduces the entire provision verbatim in both the main section text and the sec.4-ssec, creating the same redundant duplication as sec.3."},{"type":"self_contradicting","section":"sec.8(1)(d) and sec.8(3)","severity":"medium","reasoning":"The Act grants public sector entity status in subs.(1)(d) and then effectively removes it in subs.(3) for entities that are part of departments. This creates interpretive uncertainty about what provisions apply to such entities and whether their employees have the rights and obligations attaching to public sector entity employees.","confidence":0.72,"description":"Section 8(1)(d) includes agencies, commissions, corporations etc. established under an Act as public sector entities, but sec.8(3) provides that if such an entity is 'part of a department', it is 'taken not to have an existence as a public sector entity, separate to the existence of the department'. This creates a logical absurdity: an entity is simultaneously a public sector entity under subs.(1)(d) and not a separately existing public sector entity under subs.(3). The entity both is and is not a public sector entity depending on framing."},{"type":"other","section":"sec.8(2)(g) and sec.8(1)(c)","severity":"low","reasoning":"The distinction is generally workable but creates boundary uncertainty for institutions where registry and court functions are closely integrated.","confidence":0.6,"description":"Section 8(1)(c) expressly includes 'a registry or other administrative office of a court or tribunal of the State' as a public sector entity. Section 8(2)(g) expressly excludes 'a court of the State'. Section 8(4) defines 'court' to include 'a court of record'. This creates an ambiguity: the registry of a court is a public sector entity, but the court itself is not. However, in practice a registry IS the administrative face of a court — it may be impossible in some cases to separate the registry's administrative functions from the court itself, particularly for smaller or specialist courts where registry staff report directly to the court."},{"type":"self_contradicting","section":"sec.21(2) and sec.21(4)","severity":"high","reasoning":"Creating a mandatory responsibility with no legal consequences is internally contradictory. The legislature imposes duties and then removes any enforcement mechanism or remedy. The word 'responsible' in sec.21(3) is drained of content by sec.21(4), making the entire provision effectively aspirational despite its mandatory language.","confidence":0.9,"description":"Section 21(2) imposes what reads as mandatory obligations on reframing entities (using 'fulfil the role by' followed by a list of actions), and sec.21(3) makes the chief executive 'responsible for ensuring the entity fulfils the role.' Yet sec.21(4) declares that 'an act or decision is not invalid merely because a person fails to comply with this section' and 'nothing in this section creates in a person a legal right or gives rise to a civil cause of action.' This renders the chief executive's 'responsibility' legally meaningless — the chief executive is responsible for something that has no legal consequence if ignored."},{"type":"self_contradicting","section":"sec.4(d)(ii) and sec.4(d)(i)","severity":"medium","reasoning":"The tension between being 'apolitical' and 'responding to the needs of the government' is a genuine logical contradiction. While this tension exists in most Westminster system public service legislation, it is particularly stark here where both requirements appear in the same subsection defining the same goal.","confidence":0.8,"description":"Section 4(d) aims to establish a 'high-performing, apolitical public sector' yet requires it to simultaneously (i) 'respond to the needs of the community and the government' and (ii) 'maintain accountability, impartiality and integrity'. Responding to the needs of 'the government' is inherently political and directly tensions with being 'apolitical' and maintaining 'impartiality'. An apolitical sector by definition does not respond to the political needs of the government of the day."},{"type":"impossible_compliance","section":"sec.28(4)(b) and sec.29","severity":"low","reasoning":"The chicken-and-egg problem: the plan must reference audits that cannot exist until after the plan is made and the first year of operation is completed. Section 29(1)(b) partially addresses this by providing an alternative if there was no prior plan, but the amendment obligation in sec.28(4)(b) still references non-existent documents in Year 1.","confidence":0.65,"description":"Section 28(4)(b) requires the chief executive to amend the equity and diversity plan 'having regard to the most recent equity and diversity audit and equity and diversity report.' Section 29 requires the annual audit to be conducted 'as soon as practicable' after year end. For a new prescribed entity, there will be no 'most recent' audit or report when the plan must first be made — and the plan must pre-exist the audit under sec.28. This creates a bootstrapping impossibility for the first iteration."},{"type":"self_contradicting","section":"sec.39(3)(a)","severity":"medium","reasoning":"If permanency is the default, then fixed term temporary and casual employment should be exceptions requiring justification. However, nothing in the visible provisions requires any justification for using non-permanent categories, undermining the stated default. The principle is aspirational but structurally contradicted by the employment categories themselves.","confidence":0.7,"description":"Section 39(3)(a) states 'ensuring employment on a permanent basis is the default basis of employment, other than for non-industrial instrument employees.' Yet sec.13(1)(b), (c) expressly provide for fixed term temporary employees and casual employees as recognised categories of public service employment. Establishing permanency as the 'default' while simultaneously institutionalising temporary and casual categories creates a tension that may be impossible to resolve in practice."},{"type":"impossible_compliance","section":"sec.31(1) and sec.31(4)","severity":"medium","reasoning":"The trigger for the recommendation power (non-compliance with sec.28(1)) is essentially binary — either the plan exists or it doesn't. The substantive content requirements are in sec.28(2), but sec.31(1) only references sec.28(1). A chief executive who makes a perfunctory plan cannot be subjected to sec.31 recommendations even if the plan wholly fails to address required content.","confidence":0.68,"description":"Section 31 only applies where the commissioner believes the chief executive has not 'fully complied' with the obligation to make an equity and diversity plan (sec.28(1)). However, sec.28(1) requires only that a plan be 'made' — there is no content standard for 'full compliance' with the bare obligation to make a document. The commissioner can therefore only recommend action if no plan exists, but once any plan exists (however inadequate), the mechanism in sec.31 is unavailable."},{"type":"circular_definition","section":"sec.12(2)(a)(iv)","severity":"low","reasoning":"The drafting of sec.12(2)(a)(iv) requires the reader to know which Acts 'expressly provide for' the appointment of GIC appointees, creating a potentially circular inquiry.","confidence":0.55,"description":"Section 12(2)(a)(iv) excludes from 'public sector employee' a person holding 'a particular office established under an Act that expressly provides for the appointment of the holder of an office mentioned in subparagraph (ii)' — being an office filled by Governor in Council appointment. This is a self-referential exclusion: it excludes offices that exist to appoint people to other excluded offices. The circularity makes it difficult to determine the exact scope of the exclusion without examining each enabling Act."},{"type":"impossible_compliance","section":"sec.37","severity":"medium","reasoning":"A partial exemption (e.g., exemption from audit but not plan) creates an impossible compliance scenario where the plan amendment obligation references documents the entity is legally excused from creating.","confidence":0.72,"description":"Section 37 allows the commissioner to exempt a prescribed entity from making an equity and diversity plan, conducting an equity and diversity audit, and preparing a report 'because of the number of staff or other resources of the entity.' However, sec.28(4)(b) requires the plan to be amended 'having regard to the most recent equity and diversity audit and equity and diversity report.' If an entity is exempt from the audit and report, compliance with sec.28(4)(b) becomes impossible — the chief executive cannot 'have regard to' documents that are exempted from existing."}],"contradictions":[{"severity":"medium","section_a":"sec.4(c)(ii) — maximising employment security and permanency","section_b":"sec.4(c)(iv) — ensuring a high-performing workforce through merit-based selection","confidence":0.75,"description":"The Act simultaneously requires 'maximising employment security and permanency of employment' and 'ensuring a high-performing and diverse workforce through fair and transparent, merit-based selection processes.' Maximising permanency conflicts with merit-based selection: if incumbents have maximised employment security, competitive merit-based selection for existing roles becomes practically unavailable, undermining the merit principle."},{"severity":"high","section_a":"sec.21(3) — chief executive responsible for ensuring compliance","section_b":"sec.21(4)(a)-(b) — non-compliance has no legal consequences","confidence":0.92,"description":"Section 21(3) places responsibility on the chief executive to ensure the reframing entity fulfils its role. Section 21(4) simultaneously declares that failure to comply does not invalidate any act or decision and creates no legal right or civil cause of action. This is a direct contradiction: responsibility without consequences is not responsibility in any legally meaningful sense."},{"severity":"medium","section_a":"sec.8(1)(c) — registry of a court is a public sector entity","section_b":"sec.8(2)(g) — a court of the State is not a public sector entity","confidence":0.65,"description":"Court registries are expressly included as public sector entities while courts themselves are expressly excluded. In practice, registry staff are officers of the court operating under the court's direction, and the registry has no independent legal existence from the court in many instances. The inclusion of registries while excluding courts creates a structural contradiction for the governance of registry employees who serve the excluded institution."},{"severity":"medium","section_a":"sec.39(3)(a) — permanency as default basis of employment","section_b":"sec.13(1)(b) and (c) — fixed term temporary and casual employees are recognised public service employee categories","confidence":0.73,"description":"Section 39(3)(a) establishes permanency as the 'default' basis of employment as a guiding principle, while sec.13(1)(b) and (c) institutionalise fixed term temporary and casual employment as standard categories. There is no provision requiring justification for departing from the permanency default, making the principle unenforceable and contradicted by the employment framework itself."},{"severity":"medium","section_a":"sec.27(c) — duty to eliminate unlawful discrimination","section_b":"sec.28(2)(a) — equity and diversity plan must include objectives and targets for diversity target groups","confidence":0.6,"description":"Section 27(c) requires the chief executive to eliminate unlawful discrimination in employment matters. Section 28(2)(a) requires employment targets for diversity target groups (including women, people with disability, Aboriginal and Torres Strait Islander peoples). Under the Anti-Discrimination Act 1991 (Qld), setting employment targets based on protected attributes such as sex or race may itself constitute unlawful discrimination unless a specific exemption applies. The Act creates an obligation that could conflict with the anti-discrimination laws it also requires compliance with."},{"severity":"high","section_a":"sec.40(1)(c) — giving effect to government policies and priorities","section_b":"sec.40(1)(e) — providing sound and impartial advice to government","confidence":0.85,"description":"Section 40(1) requires each public sector employee to both 'give effect to government policies and priorities' (para (c)) and 'provide sound and impartial advice to government' (para (e)). These principles contradict each other: an employee already committed to implementing government policy cannot simultaneously provide impartial advice that might challenge that policy. Impartial advice is only meaningful if the adviser is not already bound to a particular outcome."},{"severity":"low","section_a":"sec.40(1)(d) — collaborating across public sector entities","section_b":"sec.40(1)(d) proviso — recognising the need for independence of particular public sector entities","confidence":0.65,"description":"Section 40(1)(d) requires employees to collaborate 'with a focus on public sector-wide priorities' while simultaneously 'recognising the need for independence of particular public sector entities.' These two requirements are in direct tension within the same paragraph: whole-of-government collaboration and entity independence are structurally opposed, with no guidance on when one takes precedence over the other."},{"severity":"low","section_a":"sec.36(1)(a)-(b) — reporting hierarchy for chapter 2 annual report","section_b":"sec.25 — definition of chapter 2 special commissioner","confidence":0.55,"description":"Section 36 requires the chapter 2 annual report to be prepared by the chapter 2 special commissioner (if one exists), and given to the chairperson of the council who then gives it to the Minister and the council. However, the chapter 2 special commissioner is appointed under sec.230 and is a public service employee (sec.13(2)) whose activities are being reported on. The report goes to the council chairperson rather than directly to the Minister or Parliament, potentially allowing the council to filter information about the commissioner's oversight activities before the Minister receives it — undermining the independence the reporting requirement is meant to ensure."}]},"kimi_summary":{"_metrics":{"completionTokens":836},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as stated in section 3: providing a framework for a fair and integrated public sector. The extensive detail on employment conditions, equity requirements, and governance structures all serve this core purpose without significant scope creep."},"complexity_factors":["Extensive defined terms and nested definitions (e.g., 'public sector employee' vs 'public service employee' vs 'public service officer')","Multiple employment categories with different rules: general employees, fixed term temporary, casual, officers, senior officers, senior executives, chief executives","Conditional logic throughout: permanent employment is default UNLESS specific circumstances apply","Heavy cross-referencing to other Acts (Industrial Relations Act 2016, Working with Children Check Act 2000, Crime and Corruption Act 2001, etc.)","Numerous exceptions and exclusions in sections 8, 12, 132","Time-based triggers for conversion rights (1 year, 2 years) with complex calculation rules","Delegated legislation framework: commissioner must make directives for many operational details","Appeal framework with extensive list of non-appealable decisions in section 132","Shared governance structure between Public Sector Governance Council, Public Sector Commissioner, and chief executives","Specific provisions for Indigenous recognition and cultural capability with separate planning requirements"],"plain_english_summary":"This is Queensland's **Public Sector Act 2022**, a comprehensive law that governs how the state's public service operates. Here's what it does:\n\n**Core purpose**: Creates a framework for a \"fair and integrated public sector\" that serves Queenslanders effectively.\n\n**Key things it establishes:**\n- **Public Sector Commission** – oversees human resources and workforce capability\n- **Public Sector Governance Council** – provides oversight of public sector governance\n- **Chief executives** – appointed leaders of government departments with significant responsibilities\n\n**Who it covers:**\n- **Public sector employees** – broadly defined to include most people working in government departments, agencies, and prescribed entities\n- **Public service employees** – a subset with specific employment categories (general employees, temporary, casual, officers, senior officers, senior executives, chief executives)\n\n**Major employment reforms:**\n- **Permanent employment as the default** – temporary and casual employment only allowed when genuinely necessary\n- **Merit-based selection** – with explicit requirements to consider equity, diversity, and inclusion\n- **Conversion rights** – after 1-2 years of continuous non-permanent employment, employees can request conversion to permanent status\n- **Acting/secondment rights** – after 2 years at a higher classification, employees can request permanent appointment to that level\n\n**Indigenous recognition:**\n- Requires public sector entities to recognise Aboriginal and Torres Strait Islander peoples' right to self-determination\n- Mandates \"reframing the relationship plans\" and cultural capability development for prescribed entities\n\n**Equity and diversity:**\n- Requires equity and diversity plans, annual audits, and active progress on gender pay equity\n- Defines \"diversity target groups\" including Indigenous peoples, culturally diverse backgrounds, people with disability, and women\n- Mandates promotion of respectful, inclusive workplace cultures\n\n**Discipline and conduct:**\n- Sets out grounds for discipline (misconduct, poor performance, absence without leave, etc.)\n- Establishes disciplinary actions from reprimands to termination\n- Provides appeal rights to the Industrial Relations Commission (IRC) for most decisions\n\n**Suitability checks:**\n- Criminal history checks for \"relevant duties\"\n- Working with children checks for child-related duties\n- Disclosure requirements for serious disciplinary history\n\n**What makes it complex:**\nThe Act is extremely detailed with extensive cross-referencing, multiple employment categories, conditional requirements (when temporary employment is permitted), and numerous exceptions. It interacts heavily with other legislation including the Industrial Relations Act 2016, Working with Children Check Act 2000, and Crime and Corruption Act 2001."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/public-sector-act-2022","history":"/api/acts/public-sector-act-2022/history","analysis":"/api/acts/public-sector-act-2022/analysis","conflicts":"/api/acts/public-sector-act-2022/conflicts","importantCases":"/api/acts/public-sector-act-2022/important-cases","documents":"/api/acts/public-sector-act-2022/documents"}}