{"id":"qld:sl-2023-0009","name":"Public Sector Regulation 2023","slug":"public-sector-regulation-2023","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"9 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173765,"registerId":"qld-sl-2023-0009-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Public Sector Regulation 2023 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation commences on 1 March 2023.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 2 defines particular words used in this regulation.","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Secondments, transfers or redeployments, and appeals","content":"# Secondments, transfers or redeployments, and appeals","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Application of secondment provisions to particular public sector entities— Act , s 159","content":"### sec.4 Application of secondment provisions to particular public sector entities— Act , s 159\n\nFor section 159 (1) (a) of the Act , chapter 4 , part 4 , division 2 of the Act is to apply to a public sector employee mentioned in subsection (3) employed in any of the following public sector entities—\nthe Queensland Ambulance Service;\nQueensland Fire and Rescue;\nRural Fire Service Queensland.\nFor section 159 (1) (b) of the Act , chapter 4 , part 4 , division 2 of the Act is to apply to—\na public sector entity mentioned in subsection (1) as if it were a public service entity; and\nthe head of a public sector entity mentioned in subsection (1) as if the head were the chief executive of a public service entity; and\neach public sector employee mentioned in subsection (3) as if the employee were a public service officer.\nFor section 159 (2) of the Act , subsections (1) and (2) apply to—\nfor the Queensland Ambulance Service—\nthe service; and\nthe chief executive of the service; and\npersons employed in the service under the Ambulance Service Act 1991 , section 13 ; and\nfor Queensland Fire and Rescue or Rural Fire Service Queensland—\nthe fire services under the Fire Services Act 1990 ; and\nthe commissioner under the Fire Services Act 1990 ; and\npersons employed in the fire services under the Fire Services Act 1990 , section 25 .\ns 4 amd 2024 Act No. 22 s 92 sch 1\n(sec.4-ssec.1) For section 159 (1) (a) of the Act , chapter 4 , part 4 , division 2 of the Act is to apply to a public sector employee mentioned in subsection (3) employed in any of the following public sector entities— the Queensland Ambulance Service; Queensland Fire and Rescue; Rural Fire Service Queensland.\n(sec.4-ssec.2) For section 159 (1) (b) of the Act , chapter 4 , part 4 , division 2 of the Act is to apply to— a public sector entity mentioned in subsection (1) as if it were a public service entity; and the head of a public sector entity mentioned in subsection (1) as if the head were the chief executive of a public service entity; and each public sector employee mentioned in subsection (3) as if the employee were a public service officer.\n(sec.4-ssec.3) For section 159 (2) of the Act , subsections (1) and (2) apply to— for the Queensland Ambulance Service— the service; and the chief executive of the service; and persons employed in the service under the Ambulance Service Act 1991 , section 13 ; and for Queensland Fire and Rescue or Rural Fire Service Queensland— the fire services under the Fire Services Act 1990 ; and the commissioner under the Fire Services Act 1990 ; and persons employed in the fire services under the Fire Services Act 1990 , section 25 .\n- (a) the Queensland Ambulance Service;\n- (b) Queensland Fire and Rescue;\n- (c) Rural Fire Service Queensland.\n- (a) a public sector entity mentioned in subsection (1) as if it were a public service entity; and\n- (b) the head of a public sector entity mentioned in subsection (1) as if the head were the chief executive of a public service entity; and\n- (c) each public sector employee mentioned in subsection (3) as if the employee were a public service officer.\n- (a) for the Queensland Ambulance Service— (i) the service; and (ii) the chief executive of the service; and (iii) persons employed in the service under the Ambulance Service Act 1991 , section 13 ; and\n- (i) the service; and\n- (ii) the chief executive of the service; and\n- (iii) persons employed in the service under the Ambulance Service Act 1991 , section 13 ; and\n- (b) for Queensland Fire and Rescue or Rural Fire Service Queensland— (i) the fire services under the Fire Services Act 1990 ; and (ii) the commissioner under the Fire Services Act 1990 ; and (iii) persons employed in the fire services under the Fire Services Act 1990 , section 25 .\n- (i) the fire services under the Fire Services Act 1990 ; and\n- (ii) the commissioner under the Fire Services Act 1990 ; and\n- (iii) persons employed in the fire services under the Fire Services Act 1990 , section 25 .\n- (i) the service; and\n- (ii) the chief executive of the service; and\n- (iii) persons employed in the service under the Ambulance Service Act 1991 , section 13 ; and\n- (i) the fire services under the Fire Services Act 1990 ; and\n- (ii) the commissioner under the Fire Services Act 1990 ; and\n- (iii) persons employed in the fire services under the Fire Services Act 1990 , section 25 .","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Application of transfer or redeployment provisions to particular public sector entities— Act , s 159","content":"### sec.5 Application of transfer or redeployment provisions to particular public sector entities— Act , s 159\n\nFor section 159 (1) (a) of the Act , chapter 4 , part 4 , division 3 of the Act is to apply to a public sector employee mentioned in subsection (6) employed in any of the following public sector entities—\nQueensland Health;\na Hospital and Health Service;\nthe Queensland Ambulance Service;\nQueensland Fire and Rescue;\nRural Fire Service Queensland;\nthe Queensland Building and Construction Commission;\nthe Queensland Building and Construction Employing Office;\nthe Residential Tenancies Authority;\nthe Residential Tenancies Employing Office;\nTrade and Investment Queensland.\nFor section 159 (1) (b) of the Act , chapter 4 , part 4 , division 3 of the Act is to apply to—\na public sector entity mentioned in subsection (1) as if it were a public service entity; and\nthe head of a public sector entity mentioned in subsection (1) as if the head were the chief executive of a public service entity; and\neach public sector employee mentioned in subsection (6) as if the employee were a public service officer.\nHowever—\nchapter 4 , part 4 , division 3 of the Act does not apply to the transfer or redeployment of a health service employee of a Hospital and Health Service to another position as a health service employee, unless the transfer or redeployment is required under a directive; and\nsection 161 (1) (a) of the Act does not apply to a public sector employee employed in the Queensland Building and Construction Commission or the Queensland Building and Construction Employing Office.\nFor section 159 (1) (b) and (3) of the Act , on the transfer or redeployment, under chapter 4 , part 4 , division 3 of the Act , of a public sector employee of a public sector entity mentioned in subsection (6) to a public service entity—\nthe employee is employed under the Act ; and\nthe employee retains and is entitled to all rights that have accrued to the employee because of the employee’s employment with the public sector entity; and\nthe employee’s service as an employee of the public sector entity is taken to be service of a like nature in the public service entity for deciding the employee’s rights as a public service employee; and\nthe transfer or redeployment does not break the employee’s continuity of service.\nAlso, for section 159 (1) (b) and (3) of the Act , on the transfer or redeployment, under chapter 4 , part 4 , division 3 of the Act , of a public service employee to a public sector entity mentioned in subsection (1) —\nthe employee is employed—\nif the entity is Queensland Health—under the Hospital and Health Boards Act 2011 ; or\notherwise—under the Act under which the entity is established; and\nthe employee retains and is entitled to all rights that have accrued to the employee because of the employee’s employment as a public service employee; and\nthe employee’s service as a public service employee is taken to be service of a like nature in the public sector entity for deciding the employee’s rights as an employee of the public sector entity; and\nthe transfer or redeployment does not break the employee’s continuity of service.\nFor section 159 (2) of the Act , subsections (1) to (5) apply to—\nfor Queensland Health—\nthe department; and\nthe chief executive of the department; and\nthe health service employees of the department; and\nfor a Hospital and Health Service—\nthe service; and\nthe chief executive of the service; and\nthe employees of the service; and\nfor the Queensland Ambulance Service—\nthe service; and\nthe chief executive of the department in which the Ambulance Service Act 1991 is administered; and\npersons employed in the service under the Ambulance Service Act 1991 , section 13 ; and\nfor Queensland Fire and Rescue or Rural Fire Service Queensland—\nthe fire services under the Fire Services Act 1990 ; and\nthe commissioner under the Fire Services Act 1990 ; and\npersons employed in the fire services under the Fire Services Act 1990 , section 25 .\nfor the Queensland Building and Construction Commission—\nthe commission; and\nthe commissioner of the commission; and\nthe employees of the commission; and\nfor the Queensland Building and Construction Employing Office—\nthe office; and\nthe executive officer of the office; and\nthe employees of the office; and\nfor the Residential Tenancies Authority—\nthe authority; and\nthe chief executive officer of the authority; and\nthe employees of the authority; and\nfor the Residential Tenancies Employing Office—\nthe office; and\nthe executive officer of the office; and\nthe employees of the office; and\nfor Trade and Investment Queensland (the entity )—\nthe entity; and\nthe chief executive officer of the entity; and\nthe employees of the entity.\ns 5 amd 2024 Act No. 22 s 92 sch 1\n(sec.5-ssec.1) For section 159 (1) (a) of the Act , chapter 4 , part 4 , division 3 of the Act is to apply to a public sector employee mentioned in subsection (6) employed in any of the following public sector entities— Queensland Health; a Hospital and Health Service; the Queensland Ambulance Service; Queensland Fire and Rescue; Rural Fire Service Queensland; the Queensland Building and Construction Commission; the Queensland Building and Construction Employing Office; the Residential Tenancies Authority; the Residential Tenancies Employing Office; Trade and Investment Queensland.\n(sec.5-ssec.2) For section 159 (1) (b) of the Act , chapter 4 , part 4 , division 3 of the Act is to apply to— a public sector entity mentioned in subsection (1) as if it were a public service entity; and the head of a public sector entity mentioned in subsection (1) as if the head were the chief executive of a public service entity; and each public sector employee mentioned in subsection (6) as if the employee were a public service officer.\n(sec.5-ssec.3) However— chapter 4 , part 4 , division 3 of the Act does not apply to the transfer or redeployment of a health service employee of a Hospital and Health Service to another position as a health service employee, unless the transfer or redeployment is required under a directive; and section 161 (1) (a) of the Act does not apply to a public sector employee employed in the Queensland Building and Construction Commission or the Queensland Building and Construction Employing Office.\n(sec.5-ssec.4) For section 159 (1) (b) and (3) of the Act , on the transfer or redeployment, under chapter 4 , part 4 , division 3 of the Act , of a public sector employee of a public sector entity mentioned in subsection (6) to a public service entity— the employee is employed under the Act ; and the employee retains and is entitled to all rights that have accrued to the employee because of the employee’s employment with the public sector entity; and the employee’s service as an employee of the public sector entity is taken to be service of a like nature in the public service entity for deciding the employee’s rights as a public service employee; and the transfer or redeployment does not break the employee’s continuity of service.\n(sec.5-ssec.5) Also, for section 159 (1) (b) and (3) of the Act , on the transfer or redeployment, under chapter 4 , part 4 , division 3 of the Act , of a public service employee to a public sector entity mentioned in subsection (1) — the employee is employed— if the entity is Queensland Health—under the Hospital and Health Boards Act 2011 ; or otherwise—under the Act under which the entity is established; and the employee retains and is entitled to all rights that have accrued to the employee because of the employee’s employment as a public service employee; and the employee’s service as a public service employee is taken to be service of a like nature in the public sector entity for deciding the employee’s rights as an employee of the public sector entity; and the transfer or redeployment does not break the employee’s continuity of service.\n(sec.5-ssec.6) For section 159 (2) of the Act , subsections (1) to (5) apply to— for Queensland Health— the department; and the chief executive of the department; and the health service employees of the department; and for a Hospital and Health Service— the service; and the chief executive of the service; and the employees of the service; and for the Queensland Ambulance Service— the service; and the chief executive of the department in which the Ambulance Service Act 1991 is administered; and persons employed in the service under the Ambulance Service Act 1991 , section 13 ; and for Queensland Fire and Rescue or Rural Fire Service Queensland— the fire services under the Fire Services Act 1990 ; and the commissioner under the Fire Services Act 1990 ; and persons employed in the fire services under the Fire Services Act 1990 , section 25 . for the Queensland Building and Construction Commission— the commission; and the commissioner of the commission; and the employees of the commission; and for the Queensland Building and Construction Employing Office— the office; and the executive officer of the office; and the employees of the office; and for the Residential Tenancies Authority— the authority; and the chief executive officer of the authority; and the employees of the authority; and for the Residential Tenancies Employing Office— the office; and the executive officer of the office; and the employees of the office; and for Trade and Investment Queensland (the entity )— the entity; and the chief executive officer of the entity; and the employees of the entity.\n- (a) Queensland Health;\n- (b) a Hospital and Health Service;\n- (c) the Queensland Ambulance Service;\n- (d) Queensland Fire and Rescue;\n- (e) Rural Fire Service Queensland;\n- (f) the Queensland Building and Construction Commission;\n- (g) the Queensland Building and Construction Employing Office;\n- (h) the Residential Tenancies Authority;\n- (i) the Residential Tenancies Employing Office;\n- (j) Trade and Investment Queensland.\n- (a) a public sector entity mentioned in subsection (1) as if it were a public service entity; and\n- (b) the head of a public sector entity mentioned in subsection (1) as if the head were the chief executive of a public service entity; and\n- (c) each public sector employee mentioned in subsection (6) as if the employee were a public service officer.\n- (a) chapter 4 , part 4 , division 3 of the Act does not apply to the transfer or redeployment of a health service employee of a Hospital and Health Service to another position as a health service employee, unless the transfer or redeployment is required under a directive; and\n- (b) section 161 (1) (a) of the Act does not apply to a public sector employee employed in the Queensland Building and Construction Commission or the Queensland Building and Construction Employing Office.\n- (a) the employee is employed under the Act ; and\n- (b) the employee retains and is entitled to all rights that have accrued to the employee because of the employee’s employment with the public sector entity; and\n- (c) the employee’s service as an employee of the public sector entity is taken to be service of a like nature in the public service entity for deciding the employee’s rights as a public service employee; and\n- (d) the transfer or redeployment does not break the employee’s continuity of service.\n- (a) the employee is employed— (i) if the entity is Queensland Health—under the Hospital and Health Boards Act 2011 ; or (ii) otherwise—under the Act under which the entity is established; and\n- (i) if the entity is Queensland Health—under the Hospital and Health Boards Act 2011 ; or\n- (ii) otherwise—under the Act under which the entity is established; and\n- (b) the employee retains and is entitled to all rights that have accrued to the employee because of the employee’s employment as a public service employee; and\n- (c) the employee’s service as a public service employee is taken to be service of a like nature in the public sector entity for deciding the employee’s rights as an employee of the public sector entity; and\n- (d) the transfer or redeployment does not break the employee’s continuity of service.\n- (i) if the entity is Queensland Health—under the Hospital and Health Boards Act 2011 ; or\n- (ii) otherwise—under the Act under which the entity is established; and\n- (a) for Queensland Health— (i) the department; and (ii) the chief executive of the department; and (iii) the health service employees of the department; and\n- (i) the department; and\n- (ii) the chief executive of the department; and\n- (iii) the health service employees of the department; and\n- (b) for a Hospital and Health Service— (i) the service; and (ii) the chief executive of the service; and (iii) the employees of the service; and\n- (i) the service; and\n- (ii) the chief executive of the service; and\n- (iii) the employees of the service; and\n- (c) for the Queensland Ambulance Service— (i) the service; and (ii) the chief executive of the department in which the Ambulance Service Act 1991 is administered; and (iii) persons employed in the service under the Ambulance Service Act 1991 , section 13 ; and\n- (i) the service; and\n- (ii) the chief executive of the department in which the Ambulance Service Act 1991 is administered; and\n- (iii) persons employed in the service under the Ambulance Service Act 1991 , section 13 ; and\n- (d) for Queensland Fire and Rescue or Rural Fire Service Queensland— (i) the fire services under the Fire Services Act 1990 ; and (ii) the commissioner under the Fire Services Act 1990 ; and (iii) persons employed in the fire services under the Fire Services Act 1990 , section 25 .\n- (i) the fire services under the Fire Services Act 1990 ; and\n- (ii) the commissioner under the Fire Services Act 1990 ; and\n- (iii) persons employed in the fire services under the Fire Services Act 1990 , section 25 .\n- (e) for the Queensland Building and Construction Commission— (i) the commission; and (ii) the commissioner of the commission; and (iii) the employees of the commission; and\n- (i) the commission; and\n- (ii) the commissioner of the commission; and\n- (iii) the employees of the commission; and\n- (f) for the Queensland Building and Construction Employing Office— (i) the office; and (ii) the executive officer of the office; and (iii) the employees of the office; and\n- (i) the office; and\n- (ii) the executive officer of the office; and\n- (iii) the employees of the office; and\n- (g) for the Residential Tenancies Authority— (i) the authority; and (ii) the chief executive officer of the authority; and (iii) the employees of the authority; and\n- (i) the authority; and\n- (ii) the chief executive officer of the authority; and\n- (iii) the employees of the authority; and\n- (h) for the Residential Tenancies Employing Office— (i) the office; and (ii) the executive officer of the office; and (iii) the employees of the office; and\n- (i) the office; and\n- (ii) the executive officer of the office; and\n- (iii) the employees of the office; and\n- (i) for Trade and Investment Queensland (the entity )— (i) the entity; and (ii) the chief executive officer of the entity; and (iii) the employees of the entity.\n- (i) the entity; and\n- (ii) the chief executive officer of the entity; and\n- (iii) the employees of the entity.\n- (i) the department; and\n- (ii) the chief executive of the department; and\n- (iii) the health service employees of the department; and\n- (i) the service; and\n- (ii) the chief executive of the service; and\n- (iii) the employees of the service; and\n- (i) the service; and\n- (ii) the chief executive of the department in which the Ambulance Service Act 1991 is administered; and\n- (iii) persons employed in the service under the Ambulance Service Act 1991 , section 13 ; and\n- (i) the fire services under the Fire Services Act 1990 ; and\n- (ii) the commissioner under the Fire Services Act 1990 ; and\n- (iii) persons employed in the fire services under the Fire Services Act 1990 , section 25 .\n- (i) the commission; and\n- (ii) the commissioner of the commission; and\n- (iii) the employees of the commission; and\n- (i) the office; and\n- (ii) the executive officer of the office; and\n- (iii) the employees of the office; and\n- (i) the authority; and\n- (ii) the chief executive officer of the authority; and\n- (iii) the employees of the authority; and\n- (i) the office; and\n- (ii) the executive officer of the office; and\n- (iii) the employees of the office; and\n- (i) the entity; and\n- (ii) the chief executive officer of the entity; and\n- (iii) the employees of the entity.","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Right of appeal in relation to transfer decisions— Act , s 129","content":"### sec.6 Right of appeal in relation to transfer decisions— Act , s 129\n\nFor section 129 of the Act , definition transfer decision , paragraph (b) (ii) , the following provisions of the Act apply to an employee of a public sector entity to whom chapter 4 , part 4 , division 3 of the Act applies under section 5 (1) —\nchapter 4 , part 4 , division 3 ;\nchapter 3 , part 10 , in relation to a decision made under chapter 4 , part 4 , division 3 .\n- (a) chapter 4 , part 4 , division 3 ;\n- (b) chapter 3 , part 10 , in relation to a decision made under chapter 4 , part 4 , division 3 .","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Application of Act, ch 3 , pt 10 and directives about appeals to movement of health service employees","content":"### sec.7 Application of Act, ch 3 , pt 10 and directives about appeals to movement of health service employees\n\nChapter 3 , part 10 of the Act and directives about appeals apply to decisions made in relation to health service employees under the Hospital and Health Boards Regulation 2023 , part 3 as if a reference to a transfer decision in chapter 3 , part 10 of the Act includes a decision about the movement of a health service employee under the Hospital and Health Boards Regulation 2023 , part 3 .\ns 7 amd 2023 SL No. 100 s 55","sortOrder":8},{"sectionNumber":"pt.3","sectionType":"part","heading":"Employee records","content":"# Employee records","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Definitions for part","content":"### sec.8 Definitions for part\n\nIn this part—\nemployee record see section 9 .\npossession , for an employee record, see section 10 .\nprescribed employee means—\na public service employee; or\na health service employee.\nprescribed entity means—\na public service entity; or\na Hospital and Health Service.\nrelevant investigation or inquiry means an investigation or inquiry into—\nan allegation about conduct that, if proved, may make a prescribed employee liable to disciplinary action; or\na grievance involving a prescribed employee lodged under a directive or industrial instrument.\n- (a) a public service employee; or\n- (b) a health service employee.\n- (a) a public service entity; or\n- (b) a Hospital and Health Service.\n- (a) an allegation about conduct that, if proved, may make a prescribed employee liable to disciplinary action; or\n- (b) a grievance involving a prescribed employee lodged under a directive or industrial instrument.","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Meaning of employee record","content":"### sec.9 Meaning of employee record\n\nEach of the following documents is, to the extent the document contains information about a prescribed employee, an employee record —\na report, correspondence item or other document about the employee’s work performance, work conduct or work history;\na medical report about the employee;\na written allegation of misconduct by the employee.\nHowever, none of the following documents is an employee record about the prescribed employee—\na medical report about the employee indicating that disclosure of information in the report to the employee might be prejudicial to the employee’s mental or physical health or wellbeing;\na document created by an appropriately qualified person for the primary purpose of providing a professional counselling service to another public service employee that contains information about the employee;\na document about the employee that—\nis a public interest disclosure, or a record of a public interest disclosure, made under the Public Interest Disclosure Act 2010 ; or\nwas brought into existence for the administration of that Act;\na document about the employee relating to suspected corrupt conduct under the Crime and Corruption Act 2001 or an investigation of the conduct;\na document about the employee relating to a suspected criminal offence or an investigation of the offence;\na document that is subject to legal professional privilege.\nIn this section—\nmisconduct see section 91 (5) of the Act .\n(sec.9-ssec.1) Each of the following documents is, to the extent the document contains information about a prescribed employee, an employee record — a report, correspondence item or other document about the employee’s work performance, work conduct or work history; a medical report about the employee; a written allegation of misconduct by the employee.\n(sec.9-ssec.2) However, none of the following documents is an employee record about the prescribed employee— a medical report about the employee indicating that disclosure of information in the report to the employee might be prejudicial to the employee’s mental or physical health or wellbeing; a document created by an appropriately qualified person for the primary purpose of providing a professional counselling service to another public service employee that contains information about the employee; a document about the employee that— is a public interest disclosure, or a record of a public interest disclosure, made under the Public Interest Disclosure Act 2010 ; or was brought into existence for the administration of that Act; a document about the employee relating to suspected corrupt conduct under the Crime and Corruption Act 2001 or an investigation of the conduct; a document about the employee relating to a suspected criminal offence or an investigation of the offence; a document that is subject to legal professional privilege.\n(sec.9-ssec.3) In this section— misconduct see section 91 (5) of the Act .\n- (a) a report, correspondence item or other document about the employee’s work performance, work conduct or work history;\n- (b) a medical report about the employee;\n- (c) a written allegation of misconduct by the employee.\n- (a) a medical report about the employee indicating that disclosure of information in the report to the employee might be prejudicial to the employee’s mental or physical health or wellbeing;\n- (b) a document created by an appropriately qualified person for the primary purpose of providing a professional counselling service to another public service employee that contains information about the employee;\n- (c) a document about the employee that— (i) is a public interest disclosure, or a record of a public interest disclosure, made under the Public Interest Disclosure Act 2010 ; or (ii) was brought into existence for the administration of that Act;\n- (i) is a public interest disclosure, or a record of a public interest disclosure, made under the Public Interest Disclosure Act 2010 ; or\n- (ii) was brought into existence for the administration of that Act;\n- (d) a document about the employee relating to suspected corrupt conduct under the Crime and Corruption Act 2001 or an investigation of the conduct;\n- (e) a document about the employee relating to a suspected criminal offence or an investigation of the offence;\n- (f) a document that is subject to legal professional privilege.\n- (i) is a public interest disclosure, or a record of a public interest disclosure, made under the Public Interest Disclosure Act 2010 ; or\n- (ii) was brought into existence for the administration of that Act;","sortOrder":11},{"sectionNumber":"sec.10","sectionType":"section","heading":"When an employee record is in an entity’s possession","content":"### sec.10 When an employee record is in an entity’s possession\n\nAn employee record is in an entity’s possession if—\nthe entity has the record in its possession, under its control, or is otherwise entitled to have access to the record; or\nthe record is in the possession, or under the control, of an employee of the entity in the employee’s official capacity.\nFor subsection (1) —\nif the entity is the Minister, a person is an employee of the Minister if the person is an employee of the department administered by the Minister; or\nif the entity is the chief executive of a prescribed entity, a person is an employee of the chief executive if the person is an employee of the prescribed entity.\n(sec.10-ssec.1) An employee record is in an entity’s possession if— the entity has the record in its possession, under its control, or is otherwise entitled to have access to the record; or the record is in the possession, or under the control, of an employee of the entity in the employee’s official capacity.\n(sec.10-ssec.2) For subsection (1) — if the entity is the Minister, a person is an employee of the Minister if the person is an employee of the department administered by the Minister; or if the entity is the chief executive of a prescribed entity, a person is an employee of the chief executive if the person is an employee of the prescribed entity.\n- (a) the entity has the record in its possession, under its control, or is otherwise entitled to have access to the record; or\n- (b) the record is in the possession, or under the control, of an employee of the entity in the employee’s official capacity.\n- (a) if the entity is the Minister, a person is an employee of the Minister if the person is an employee of the department administered by the Minister; or\n- (b) if the entity is the chief executive of a prescribed entity, a person is an employee of the chief executive if the person is an employee of the prescribed entity.","sortOrder":12},{"sectionNumber":"sec.11","sectionType":"section","heading":"Dealing with employee record if detrimental to employee’s interests","content":"### sec.11 Dealing with employee record if detrimental to employee’s interests\n\nThis section applies if a prescribed employee’s chief executive intends to take either of the following actions (each a detrimental action )—\nuse an employee record about the employee in a way that could be considered to be detrimental to the employee’s interests;\ninclude in a record about the employee’s employment history an employee record about the employee that could be considered to be detrimental to the employee’s interests.\nThe chief executive must ensure that, at least 14 days before taking the detrimental action—\nthe prescribed employee is given the opportunity to read the employee record and to acknowledge having read it by initialling it; and\nthe prescribed employee is given a copy of the record; and\nif the prescribed employee refuses to read the record or to acknowledge having read it by initialling it—the refusal is noted on the record; and\nthe prescribed employee is given a reasonable opportunity to respond in writing to the record’s contents; and\nany written response by the prescribed employee is attached to the record.\nHowever, the chief executive may accept a response mentioned in subsection (2) (d) made at any other time.\nAlso, if the chief executive considers that giving the prescribed employee access to the employee record under subsection (2) would be likely to prejudice an existing relevant investigation or inquiry, the chief executive must comply with subsection (2) immediately after whichever of the following happens first—\nthe chief executive no longer considers that giving the employee access to the record would be likely to prejudice the relevant investigation or inquiry;\nthe end of the period of 6 months after the detrimental action is taken.\n(sec.11-ssec.1) This section applies if a prescribed employee’s chief executive intends to take either of the following actions (each a detrimental action )— use an employee record about the employee in a way that could be considered to be detrimental to the employee’s interests; include in a record about the employee’s employment history an employee record about the employee that could be considered to be detrimental to the employee’s interests.\n(sec.11-ssec.2) The chief executive must ensure that, at least 14 days before taking the detrimental action— the prescribed employee is given the opportunity to read the employee record and to acknowledge having read it by initialling it; and the prescribed employee is given a copy of the record; and if the prescribed employee refuses to read the record or to acknowledge having read it by initialling it—the refusal is noted on the record; and the prescribed employee is given a reasonable opportunity to respond in writing to the record’s contents; and any written response by the prescribed employee is attached to the record.\n(sec.11-ssec.3) However, the chief executive may accept a response mentioned in subsection (2) (d) made at any other time.\n(sec.11-ssec.4) Also, if the chief executive considers that giving the prescribed employee access to the employee record under subsection (2) would be likely to prejudice an existing relevant investigation or inquiry, the chief executive must comply with subsection (2) immediately after whichever of the following happens first— the chief executive no longer considers that giving the employee access to the record would be likely to prejudice the relevant investigation or inquiry; the end of the period of 6 months after the detrimental action is taken.\n- (a) use an employee record about the employee in a way that could be considered to be detrimental to the employee’s interests;\n- (b) include in a record about the employee’s employment history an employee record about the employee that could be considered to be detrimental to the employee’s interests.\n- (a) the prescribed employee is given the opportunity to read the employee record and to acknowledge having read it by initialling it; and\n- (b) the prescribed employee is given a copy of the record; and\n- (c) if the prescribed employee refuses to read the record or to acknowledge having read it by initialling it—the refusal is noted on the record; and\n- (d) the prescribed employee is given a reasonable opportunity to respond in writing to the record’s contents; and\n- (e) any written response by the prescribed employee is attached to the record.\n- (a) the chief executive no longer considers that giving the employee access to the record would be likely to prejudice the relevant investigation or inquiry;\n- (b) the end of the period of 6 months after the detrimental action is taken.","sortOrder":13},{"sectionNumber":"sec.12","sectionType":"section","heading":"Employee record in possession of another chief executive","content":"### sec.12 Employee record in possession of another chief executive\n\nThis section applies if an employee record about a prescribed employee is in the possession of a chief executive of a prescribed entity (the other chief executive ) who is not the employee’s chief executive.\nThe other chief executive must give the employee record to the prescribed employee’s chief executive as soon as practicable.\nHowever, if the prescribed employee has been seconded to another prescribed entity for a total period of less than 6 months, subsection (2) only applies if the other chief executive and the employee’s chief executive agree in writing that the other chief executive give the record to the employee’s chief executive.\nThe other chief executive may also need to comply with a directive about giving the prescribed employee’s personal and employment details to the employee’s chief executive.\nAlso, subsection (2) does not apply to a referee’s report or other document received for a selection process to fill an employment vacancy in the prescribed entity.\n(sec.12-ssec.1) This section applies if an employee record about a prescribed employee is in the possession of a chief executive of a prescribed entity (the other chief executive ) who is not the employee’s chief executive.\n(sec.12-ssec.2) The other chief executive must give the employee record to the prescribed employee’s chief executive as soon as practicable.\n(sec.12-ssec.3) However, if the prescribed employee has been seconded to another prescribed entity for a total period of less than 6 months, subsection (2) only applies if the other chief executive and the employee’s chief executive agree in writing that the other chief executive give the record to the employee’s chief executive. The other chief executive may also need to comply with a directive about giving the prescribed employee’s personal and employment details to the employee’s chief executive.\n(sec.12-ssec.4) Also, subsection (2) does not apply to a referee’s report or other document received for a selection process to fill an employment vacancy in the prescribed entity.","sortOrder":14},{"sectionNumber":"sec.13","sectionType":"section","heading":"Access to employee record","content":"### sec.13 Access to employee record\n\nThis section applies if a chief executive has possession of an employee record about a prescribed employee.\nThe prescribed employee may, on request—\ninspect the record; or\ntake an extract from, or copy, the record.\nSubject to subsections (4) to (7) , the inspection, taking of the extract or copying (the requested action ) must be allowed at a time and place convenient to the chief executive within 21 days after the request.\nSubsection (5) applies if the record contains personal information of a person (the other person ) other than the employee.\nThe chief executive may refuse the prescribed employee access to all or part of the record—\nif the chief executive is satisfied the access—\nwould be an unreasonable invasion of the privacy of the other person or someone else; or\nmay cause harm to the other person or someone else; or\nwould be contrary to a law; or\nwould likely be refused if the request for access was an access application made by the employee under the Right to Information Act 2009 ; or\nin other circumstances stated under a directive.\nSubsection (7) applies if the chief executive considers the requested action would be likely to prejudice an existing relevant investigation or inquiry.\nThe chief executive must allow the requested action immediately after whichever of the following happens first—\nthe chief executive no longer considers the requested action would be likely to prejudice the relevant investigation or inquiry;\nthe end of the period of 6 months after the employee requests the requested action.\nIn taking the requested action, the employee must not remove anything from the record.\ns 13 amd 2025 SL No. 75 s 13 sch 2\n(sec.13-ssec.1) This section applies if a chief executive has possession of an employee record about a prescribed employee.\n(sec.13-ssec.2) The prescribed employee may, on request— inspect the record; or take an extract from, or copy, the record.\n(sec.13-ssec.3) Subject to subsections (4) to (7) , the inspection, taking of the extract or copying (the requested action ) must be allowed at a time and place convenient to the chief executive within 21 days after the request.\n(sec.13-ssec.4) Subsection (5) applies if the record contains personal information of a person (the other person ) other than the employee.\n(sec.13-ssec.5) The chief executive may refuse the prescribed employee access to all or part of the record— if the chief executive is satisfied the access— would be an unreasonable invasion of the privacy of the other person or someone else; or may cause harm to the other person or someone else; or would be contrary to a law; or would likely be refused if the request for access was an access application made by the employee under the Right to Information Act 2009 ; or in other circumstances stated under a directive.\n(sec.13-ssec.6) Subsection (7) applies if the chief executive considers the requested action would be likely to prejudice an existing relevant investigation or inquiry.\n(sec.13-ssec.7) The chief executive must allow the requested action immediately after whichever of the following happens first— the chief executive no longer considers the requested action would be likely to prejudice the relevant investigation or inquiry; the end of the period of 6 months after the employee requests the requested action.\n(sec.13-ssec.8) In taking the requested action, the employee must not remove anything from the record.\n- (a) inspect the record; or\n- (b) take an extract from, or copy, the record.\n- (a) if the chief executive is satisfied the access— (i) would be an unreasonable invasion of the privacy of the other person or someone else; or (ii) may cause harm to the other person or someone else; or (iii) would be contrary to a law; or (iv) would likely be refused if the request for access was an access application made by the employee under the Right to Information Act 2009 ; or\n- (i) would be an unreasonable invasion of the privacy of the other person or someone else; or\n- (ii) may cause harm to the other person or someone else; or\n- (iii) would be contrary to a law; or\n- (iv) would likely be refused if the request for access was an access application made by the employee under the Right to Information Act 2009 ; or\n- (b) in other circumstances stated under a directive.\n- (i) would be an unreasonable invasion of the privacy of the other person or someone else; or\n- (ii) may cause harm to the other person or someone else; or\n- (iii) would be contrary to a law; or\n- (iv) would likely be refused if the request for access was an access application made by the employee under the Right to Information Act 2009 ; or\n- (a) the chief executive no longer considers the requested action would be likely to prejudice the relevant investigation or inquiry;\n- (b) the end of the period of 6 months after the employee requests the requested action.","sortOrder":15},{"sectionNumber":"pt.4","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":16},{"sectionNumber":"sec.14","sectionType":"section","heading":"Application of directive about change of pay date for employees of Queensland Health","content":"### sec.14 Application of directive about change of pay date for employees of Queensland Health\n\nThis section applies to a directive about a change of pay date for employees of Queensland Health.\nFor applying the directive to a health service employee employed by a Hospital and Health Service, a reference in the directive to Queensland Health is taken to be a reference to the Hospital and Health Service.\n(sec.14-ssec.1) This section applies to a directive about a change of pay date for employees of Queensland Health.\n(sec.14-ssec.2) For applying the directive to a health service employee employed by a Hospital and Health Service, a reference in the directive to Queensland Health is taken to be a reference to the Hospital and Health Service.","sortOrder":17},{"sectionNumber":"sec.15","sectionType":"section","heading":"External agencies for exchange of information— Act , s 126","content":"### sec.15 External agencies for exchange of information— Act , s 126\n\nFor section 126 (4) of the Act , definition external agency , each of the following entities is prescribed as an external agency—\nthe Crime and Corruption Commission;\nthe Queensland Police Service.\n- (a) the Crime and Corruption Commission;\n- (b) the Queensland Police Service.","sortOrder":18},{"sectionNumber":"sec.16","sectionType":"section","heading":"Prescribed persons for protection from civil liability— Act , s 268","content":"### sec.16 Prescribed persons for protection from civil liability— Act , s 268\n\nFor section 268 (1) (g) of the Act , each person mentioned in schedule 1 is a prescribed person.","sortOrder":19},{"sectionNumber":"sec.17","sectionType":"section","heading":"Meaning of public sector disciplinary law for particular persons— Act , sch 2","content":"### sec.17 Meaning of public sector disciplinary law for particular persons— Act , sch 2\n\nThis section applies in relation to—\na person who the chief executive of the Queensland Ambulance Service proposes, under the Ambulance Service Act 1991 , to employ in, or second to, the Queensland Ambulance Service; or\na person who the commissioner under the Fire Services Act 1990 proposes, under that Act, to employ as the chief fire officer or to employ in, or second to, Queensland Fire and Rescue or Rural Fire Service Queensland.\nFor schedule 2 of the Act , definition public sector disciplinary law , paragraph (g) , the following laws are prescribed—\na law of another State that provides for the same, or substantially the same, matters as the Act ;\nfor a person mentioned in subsection (1) (a) —a law of another State that provides for the discipline of persons engaged in employment that is equivalent, or substantially equivalent, to employment under the Ambulance Service Act 1991 , section 13 ;\nfor a person mentioned in subsection (1) (b) —a law of another State that provides for the discipline of persons engaged in employment that is equivalent, or substantially equivalent, to employment under the Fire Services Act 1990 , section 25 ;\na code of practice or other instrument under a law mentioned in paragraph (a) , (b) or (c) providing for disciplinary matters.\ns 17 amd 2024 Act No. 22 s 92 sch 1\n(sec.17-ssec.1) This section applies in relation to— a person who the chief executive of the Queensland Ambulance Service proposes, under the Ambulance Service Act 1991 , to employ in, or second to, the Queensland Ambulance Service; or a person who the commissioner under the Fire Services Act 1990 proposes, under that Act, to employ as the chief fire officer or to employ in, or second to, Queensland Fire and Rescue or Rural Fire Service Queensland.\n(sec.17-ssec.2) For schedule 2 of the Act , definition public sector disciplinary law , paragraph (g) , the following laws are prescribed— a law of another State that provides for the same, or substantially the same, matters as the Act ; for a person mentioned in subsection (1) (a) —a law of another State that provides for the discipline of persons engaged in employment that is equivalent, or substantially equivalent, to employment under the Ambulance Service Act 1991 , section 13 ; for a person mentioned in subsection (1) (b) —a law of another State that provides for the discipline of persons engaged in employment that is equivalent, or substantially equivalent, to employment under the Fire Services Act 1990 , section 25 ; a code of practice or other instrument under a law mentioned in paragraph (a) , (b) or (c) providing for disciplinary matters.\n- (a) a person who the chief executive of the Queensland Ambulance Service proposes, under the Ambulance Service Act 1991 , to employ in, or second to, the Queensland Ambulance Service; or\n- (b) a person who the commissioner under the Fire Services Act 1990 proposes, under that Act, to employ as the chief fire officer or to employ in, or second to, Queensland Fire and Rescue or Rural Fire Service Queensland.\n- (a) a law of another State that provides for the same, or substantially the same, matters as the Act ;\n- (b) for a person mentioned in subsection (1) (a) —a law of another State that provides for the discipline of persons engaged in employment that is equivalent, or substantially equivalent, to employment under the Ambulance Service Act 1991 , section 13 ;\n- (c) for a person mentioned in subsection (1) (b) —a law of another State that provides for the discipline of persons engaged in employment that is equivalent, or substantially equivalent, to employment under the Fire Services Act 1990 , section 25 ;\n- (d) a code of practice or other instrument under a law mentioned in paragraph (a) , (b) or (c) providing for disciplinary matters.","sortOrder":20}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears focused on its original purpose of regulating public sector employment movements and record-keeping. While it covers multiple agencies, this breadth appears to be the intended scope rather than scope creep. The 2024 amendments expanded coverage to additional fire services entities, but this represents a deliberate extension to similar emergency services rather than mission drift."},"complexity_factors":["Extensive cross-referencing to the Public Sector Act (chapter, part and division references throughout)","Multiple nested conditional exceptions (e.g., section 5(3) contains two separate carve-outs for health employees and building/construction employees)","Complex entity-specific application rules requiring different treatment for 9 separate agencies (Queensland Health, Hospital and Health Services, Ambulance, Fire services, QBCC, etc.)","Dual-direction application logic (rules apply differently depending on whether employee is moving TO or FROM a public service entity)","Defined terms scattered across sections and Schedule 2 dictionary (referenced but not provided in extract)","Temporal conditions (6-month thresholds for secondments in section 12, 6-month investigation delays in sections 11 and 13)","Multiple qualifying conditions for access refusal in section 13(5) with four separate sub-criteria","Legislative amendment tracking visible in text (2024 Act No. 22, 2025 SL No. 75) indicating evolving complexity"],"plain_english_summary":"This regulation sets out detailed rules for how Queensland public sector employees can be moved between jobs and how their personal records are handled.\n\n**Who it affects:**\n- Public servants in Queensland government departments\n- Workers in specific agencies including Queensland Health, Hospital and Health Services, Queensland Ambulance Service, Queensland Fire and Rescue, Rural Fire Service Queensland, the Queensland Building and Construction Commission, Residential Tenancies Authority, and Trade and Investment Queensland\n\n**What it does:**\n\n**Job movements (Secondments, transfers and redeployments):**\n- Extends rules about temporary job placements (secondments) to emergency services workers (ambulance and fire services)\n- Allows workers from various agencies to be transferred or redeployed to other government jobs while keeping their employment rights and continuous service\n- Protects workers' accrued rights (like leave entitlements) when they move between agencies\n- Sets up appeal rights for employees who disagree with transfer decisions\n- Includes special rules for health workers - they generally can't be forced to transfer to another health job unless a directive requires it\n\n**Employee records:**\n- Defines what counts as an employee record (performance reports, medical reports, misconduct allegations)\n- Excludes sensitive documents like counselling records, whistleblower disclosures, corruption investigations, and legally privileged documents\n- Requires bosses to show employees any potentially damaging records before using them, giving the employee 14 days to read and respond\n- Lets employees request to see their own records, though access can be refused in some circumstances (privacy concerns, ongoing investigations)\n- Requires agencies to share employee records with each other when workers move, with some exceptions for short-term secondments and job applications\n\n**Other matters:**\n- Allows information sharing with the Crime and Corruption Commission and Queensland Police\n- Protects certain office holders from being sued personally when doing their jobs\n- Recognises disciplinary laws from other states for emergency services workers moving to Queensland"},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The regulation appears to operate precisely within the scope anticipated for a regulation made under the Public Sector Act — it deals with operational details of employee movement, record-keeping, and prescribed entities/persons as explicitly contemplated by the enabling provisions of the parent Act (sections 126, 129, 159, 268 and schedule 2). There is no evidence of scope creep beyond the regulation-making powers granted by the Act."},"complexity_factors":["Multiple layers of cross-referencing to the parent Public Sector Act (chapters, parts and divisions), requiring readers to consult other legislation to understand the full effect of any provision","Applies to a large number of distinct public sector entities, each with different governing legislation (Ambulance Service Act 1991, Fire Services Act 1990, Hospital and Health Boards Act 2011, etc.), creating entity-specific carve-outs and rules","Deeming provisions (treating one type of entity or person 'as if' they were another) add interpretive complexity — e.g. treating ambulance service as 'a public service entity' for certain purposes only","Multiple exceptions layered within exceptions (e.g. health service employee transfers excluded unless directive applies; short secondments excluded from record-transfer rules unless there is written agreement)","Employee records framework involves nuanced inclusions and exclusions that require careful reading to determine what is and isn't covered","Time-sensitive procedural obligations (14-day notice, 21-day access window, 6-month investigation delay cap) that interact with each other","Scope of civil liability protections and information-sharing provisions require reference to yet further Acts (Crime and Corruption Act 2001, Right to Information Act 2009, Public Interest Disclosure Act 2010)","Significant duplication in the document's formatting (provisions appear to be repeated verbatim multiple times) which obscures structure for a lay reader"],"plain_english_summary":"The Public Sector Regulation 2023 sets detailed workplace rules for many Queensland government bodies, clarifying how employees move between agencies, what rights they have over their employment records, and other administrative matters (pay, information sharing, civil-liability protections). It affects public servants—especially health, emergency services, construction-regulatory and tenancy staff—and agency leaders, by preserving entitlements, guaranteeing notice and access to records, and standardising inter-agency processes."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The regulation narrows and specifies the Act’s default application by prescribing named entities and employee categories and by adding targeted exceptions and procedural rules (notably for health employees and building commission staff). Amendments and detailed prescriptions change how and where the Act’s transfer/secondment and record-access provisions operate (see secs 4–6, 5(3), 11–13)."},"complexity_factors":["Extensive cross-referencing to the Public Service Act and other statutes (Act chapters/parts/divisions) increases interpretive load (secs 4–7, 17).","Long lists of specifically prescribed entities and employees create many tailored applications rather than a single rule (secs 4, 5, 15, 16).","Multiple timing and procedural requirements for notice, inspection and response (14 days, 21 days, 6 months) impose administrative steps (secs 11, 13).","Discrete exclusions and exceptions (health-service transfers exempt unless directed; building commission exception) add conditional complexity (sec 5(3)).","Chief executive discretion to refuse or delay access for privacy, harm, legal or investigative prejudice introduces case-by-case decision-making (secs 11, 12, 13(5)–(7)).","Interaction with other laws (Right to Information Act 2009, Public Interest Disclosure Act 2010, Crime and Corruption Act 2001) narrows or removes access to certain records (sec 9, 13).","Employment-status rules on transfer preserve continuity and accrued rights but require applying different statutory employment bases after transfer (sec 5(4)–(5)).","Record-possession and transfer rules between chief executives (including short secondments under 6 months) require inter-agency coordination and written agreements (sec 12)."],"plain_english_summary":"The regulation applies the Act’s rules on secondments, transfers, redeployments and appeals to specified Queensland public sector entities (health, ambulance, fire, building, residential tenancy, Trade & Investment) and defines employee records, access rights and transfer protections (secs 4–6, 8–13). It preserves continuity of service on movement, sets notice and timing rules (14 days, 21 days, 6 months) and gives chief executives discretion to withhold access in limited cases (secs 11, 13). Affected: listed employees, their chief executives and receiving entities; compliance is administrative."}},"importantCases":[],"_links":{"self":"/api/acts/public-sector-regulation-2023","history":"/api/acts/public-sector-regulation-2023/history","analysis":"/api/acts/public-sector-regulation-2023/analysis","conflicts":"/api/acts/public-sector-regulation-2023/conflicts","importantCases":"/api/acts/public-sector-regulation-2023/important-cases","documents":"/api/acts/public-sector-regulation-2023/documents"}}