{"id":"qld:act-2011-005","name":"Queensland Industry Participation Policy Act 2011","slug":"queensland-industry-participation-policy-act-2011","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"5 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29781,"registerId":"qld-act-2011-005-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Queensland Industry Participation Policy Act 2011 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Act binds all persons","content":"### sec.3 Act binds all persons\n\nThis Act binds all persons, including the State.\nNothing in this Act makes the State liable to be prosecuted for an offence.\n(sec.3-ssec.1) This Act binds all persons, including the State.\n(sec.3-ssec.2) Nothing in this Act makes the State liable to be prosecuted for an offence.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Contravention of this Act does not create civil cause of action","content":"### sec.4 Contravention of this Act does not create civil cause of action\n\nNo provision of this Act creates a civil cause of action based on a contravention of the provision.","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Definitions","content":"### sec.5 Definitions\n\nThe dictionary in the schedule defines particular words used in this Act.","sortOrder":5},{"sectionNumber":"pt.2","sectionType":"part","heading":"Local industry policy","content":"# Local industry policy","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"The local industry policy","content":"### sec.6 The local industry policy\n\nThe Minister must develop and adopt a policy (the local industry policy ) about the participation by local industry in projects, developments, procurements and other initiatives undertaken or funded, whether wholly or partially, by the State.\nThe policy may include guidelines about its application and procedures to be followed in complying with it.\n(sec.6-ssec.1) The Minister must develop and adopt a policy (the local industry policy ) about the participation by local industry in projects, developments, procurements and other initiatives undertaken or funded, whether wholly or partially, by the State.\n(sec.6-ssec.2) The policy may include guidelines about its application and procedures to be followed in complying with it.","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Local industry policy objectives","content":"### sec.7 Local industry policy objectives\n\nIn developing the local industry policy, the Minister must have regard to the following objectives—\nmaximising employment and business growth in Queensland by expanding market opportunities for local industry;\nproviding agencies and GOCs with access to a wide range of capable local industry in Queensland that can deliver value for money;\nsupporting regional and rural development in Queensland;\ndeveloping local industry’s long-term international competitiveness, and flexibility in responding to changing global markets, by giving local industry a fair opportunity to compete against foreign suppliers of goods and services;\npromoting local industry’s involvement in value-adding activities in Queensland;\ndriving technology transfer, research and development, innovation and improved productivity for local industry in Queensland, to enhance value for money.\n- (a) maximising employment and business growth in Queensland by expanding market opportunities for local industry;\n- (b) providing agencies and GOCs with access to a wide range of capable local industry in Queensland that can deliver value for money;\n- (c) supporting regional and rural development in Queensland;\n- (d) developing local industry’s long-term international competitiveness, and flexibility in responding to changing global markets, by giving local industry a fair opportunity to compete against foreign suppliers of goods and services;\n- (e) promoting local industry’s involvement in value-adding activities in Queensland;\n- (f) driving technology transfer, research and development, innovation and improved productivity for local industry in Queensland, to enhance value for money.","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"Local industry policy principles","content":"### sec.8 Local industry policy principles\n\nThe local industry policy must be consistent with the following principles—\nachieving value for money;\nensuring probity and accountability for procurement outcomes;\nminimising the compliance burden on agencies and GOCs by avoiding unnecessary and excessive administration.\n- (a) achieving value for money;\n- (b) ensuring probity and accountability for procurement outcomes;\n- (c) minimising the compliance burden on agencies and GOCs by avoiding unnecessary and excessive administration.","sortOrder":9},{"sectionNumber":"sec.9","sectionType":"section","heading":"Local industry policy to be consistent with other requirements","content":"### sec.9 Local industry policy to be consistent with other requirements\n\nThe local industry policy must be consistent with the following—\nthe obligations of the State under any conventions, treaties or other international agreements to which the Commonwealth is a party;\nany policies, standards, notifications, directions or other requirements relevant to the procurement activities of an agency or GOC, including under the following—\nthe Financial Accountability Act 2009 ;\nthe Government Owned Corporations Act 1993 ;\nthe Public Service Ethics Act 1994 .\n- (a) the obligations of the State under any conventions, treaties or other international agreements to which the Commonwealth is a party;\n- (b) any policies, standards, notifications, directions or other requirements relevant to the procurement activities of an agency or GOC, including under the following— (i) the Financial Accountability Act 2009 ; (ii) the Government Owned Corporations Act 1993 ; (iii) the Public Service Ethics Act 1994 .\n- (i) the Financial Accountability Act 2009 ;\n- (ii) the Government Owned Corporations Act 1993 ;\n- (iii) the Public Service Ethics Act 1994 .\n- (i) the Financial Accountability Act 2009 ;\n- (ii) the Government Owned Corporations Act 1993 ;\n- (iii) the Public Service Ethics Act 1994 .","sortOrder":10},{"sectionNumber":"sec.10","sectionType":"section","heading":"Consultation required when developing or reviewing local industry policy","content":"### sec.10 Consultation required when developing or reviewing local industry policy\n\nBefore adopting the local industry policy, or reviewing the policy after its adoption, the Minister must consult with—\nagencies; and\nGOCs; and\nindustry organisations and trade unions; and\nany other entities the Minister considers appropriate.\nFor subsection&#160;(1) (a) and (b) , the Minister must consult with the following—\nfor an agency—the Minister of the agency;\nfor a GOC—the shareholding Ministers of the GOC.\n(sec.10-ssec.1) Before adopting the local industry policy, or reviewing the policy after its adoption, the Minister must consult with— agencies; and GOCs; and industry organisations and trade unions; and any other entities the Minister considers appropriate.\n(sec.10-ssec.2) For subsection&#160;(1) (a) and (b) , the Minister must consult with the following— for an agency—the Minister of the agency; for a GOC—the shareholding Ministers of the GOC.\n- (a) agencies; and\n- (b) GOCs; and\n- (c) industry organisations and trade unions; and\n- (d) any other entities the Minister considers appropriate.\n- (a) for an agency—the Minister of the agency;\n- (b) for a GOC—the shareholding Ministers of the GOC.","sortOrder":11},{"sectionNumber":"sec.11","sectionType":"section","heading":"Agencies, GOCs and rail government entities to comply with local industry policy","content":"### sec.11 Agencies, GOCs and rail government entities to comply with local industry policy\n\nAn agency must comply with the local industry policy.\nA GOC must comply with the local industry policy only if the shareholding Ministers of the GOC notify the board of the GOC under the Government Owned Corporations Act 1993 , section&#160;114 that the local industry policy applies to the GOC.\nIf the responsible Ministers give a rail government entity’s board written notice that the local industry policy applies to the rail government entity or a subsidiary of the entity, the rail government entity or subsidiary must comply with the local industry policy.\nIf the local industry policy applies to a rail government entity, its board must ensure the entity complies with the local industry policy.\nIf the local industry policy applies to a subsidiary of a rail government entity, the entity’s board must, as far as practicable, ensure the subsidiary complies with the local industry policy.\nBefore giving a notice under subsection&#160;(3) to a rail government entity, the responsible Ministers must consult with the entity’s board.\nIn this section—\nrail government entity means a government entity under the Public Sector Act 2022 , section&#160;276 (1) (b) whose principal business is doing either or both of the following directly, or indirectly through its subsidiaries—\nmanaging a railway;\noperating rolling stock on a railway.\nresponsible Ministers means—\nthe Treasurer; and\nthe Minister administering the Queensland Rail Transit Authority Act 2013 .\ns&#160;11 amd 2013 No.&#160;19 s&#160;120 sch&#160;1 ; 2022 No.&#160;34 s&#160;365 sch&#160;3\n(sec.11-ssec.1) An agency must comply with the local industry policy.\n(sec.11-ssec.2) A GOC must comply with the local industry policy only if the shareholding Ministers of the GOC notify the board of the GOC under the Government Owned Corporations Act 1993 , section&#160;114 that the local industry policy applies to the GOC.\n(sec.11-ssec.3) If the responsible Ministers give a rail government entity’s board written notice that the local industry policy applies to the rail government entity or a subsidiary of the entity, the rail government entity or subsidiary must comply with the local industry policy.\n(sec.11-ssec.4) If the local industry policy applies to a rail government entity, its board must ensure the entity complies with the local industry policy.\n(sec.11-ssec.5) If the local industry policy applies to a subsidiary of a rail government entity, the entity’s board must, as far as practicable, ensure the subsidiary complies with the local industry policy.\n(sec.11-ssec.6) Before giving a notice under subsection&#160;(3) to a rail government entity, the responsible Ministers must consult with the entity’s board.\n(sec.11-ssec.7) In this section— rail government entity means a government entity under the Public Sector Act 2022 , section&#160;276 (1) (b) whose principal business is doing either or both of the following directly, or indirectly through its subsidiaries— managing a railway; operating rolling stock on a railway. responsible Ministers means— the Treasurer; and the Minister administering the Queensland Rail Transit Authority Act 2013 .\n- (a) managing a railway;\n- (b) operating rolling stock on a railway.\n- (a) the Treasurer; and\n- (b) the Minister administering the Queensland Rail Transit Authority Act 2013 .","sortOrder":12},{"sectionNumber":"pt.3","sectionType":"part","heading":"Publication, and reporting on implementation, of local industry policy","content":"# Publication, and reporting on implementation, of local industry policy","sortOrder":13},{"sectionNumber":"sec.12","sectionType":"section","heading":"Publication and inspection of local industry policy","content":"### sec.12 Publication and inspection of local industry policy\n\nThe Minister must ensure that the local industry policy, including any guidelines mentioned in section&#160;6 (2) , as in force from time to time, is—\npublished on the department’s website; and\navailable for public inspection, free of charge, at the offices of the department during ordinary office hours.\n- (a) published on the department’s website; and\n- (b) available for public inspection, free of charge, at the offices of the department during ordinary office hours.","sortOrder":14},{"sectionNumber":"sec.13","sectionType":"section","heading":"Annual report to include report on implementation of local industry policy","content":"### sec.13 Annual report to include report on implementation of local industry policy\n\nThe department’s annual report for a financial year must include a report on the implementation of the local industry policy for that financial year.\nIn this section—\nannual report see the Financial Accountability Act 2009 , schedule&#160;3 .\ns&#160;13 sub 2014 No.&#160;40 s&#160;24\n(sec.13-ssec.1) The department’s annual report for a financial year must include a report on the implementation of the local industry policy for that financial year.\n(sec.13-ssec.2) In this section— annual report see the Financial Accountability Act 2009 , schedule&#160;3 .","sortOrder":15},{"sectionNumber":"sec.14","sectionType":"section","heading":"Agencies to provide information to Minister","content":"### sec.14 Agencies to provide information to Minister\n\nThe Minister may, by written notice, ask an agency to provide any information required for the purposes of reporting on the implementation of the local industry policy under section&#160;13 .\nThe notice must state a reasonable period to comply with the request.\nThe agency must comply with the request within the stated period, unless complying with the request would place the agency in contravention of a law.\ns&#160;14 amd 2014 No.&#160;40 s&#160;25\n(sec.14-ssec.1) The Minister may, by written notice, ask an agency to provide any information required for the purposes of reporting on the implementation of the local industry policy under section&#160;13 .\n(sec.14-ssec.2) The notice must state a reasonable period to comply with the request.\n(sec.14-ssec.3) The agency must comply with the request within the stated period, unless complying with the request would place the agency in contravention of a law.","sortOrder":16},{"sectionNumber":"sec.15","sectionType":"section","heading":"GOCs to provide information to shareholding Ministers","content":"### sec.15 GOCs to provide information to shareholding Ministers\n\nThe Minister may, by written notice (the Minister’s notice ), ask the shareholding Ministers for a GOC to obtain from the GOC any information required for the purposes of reporting on the implementation of the local industry policy under section&#160;13 .\nThe Minister’s notice must state a reasonable period to comply with the request.\nWhen asked by the Minister under subsection&#160;(1) , the shareholding Ministers must, by written notice (the shareholding Ministers’ notice ), ask the GOC to provide the information requested by the Minister to the shareholding Ministers.\nThe shareholding Ministers’ notice must state a reasonable period to comply with the request.\nThe GOC must comply with the request within the stated period, unless complying with the request would place the GOC in contravention of a law.\nThe shareholding Ministers must give the information provided under subsection&#160;(5) to the Minister within the period stated in subsection&#160;(2) .\ns&#160;15 amd 2014 No.&#160;40 s&#160;25\n(sec.15-ssec.1) The Minister may, by written notice (the Minister’s notice ), ask the shareholding Ministers for a GOC to obtain from the GOC any information required for the purposes of reporting on the implementation of the local industry policy under section&#160;13 .\n(sec.15-ssec.2) The Minister’s notice must state a reasonable period to comply with the request.\n(sec.15-ssec.3) When asked by the Minister under subsection&#160;(1) , the shareholding Ministers must, by written notice (the shareholding Ministers’ notice ), ask the GOC to provide the information requested by the Minister to the shareholding Ministers.\n(sec.15-ssec.4) The shareholding Ministers’ notice must state a reasonable period to comply with the request.\n(sec.15-ssec.5) The GOC must comply with the request within the stated period, unless complying with the request would place the GOC in contravention of a law.\n(sec.15-ssec.6) The shareholding Ministers must give the information provided under subsection&#160;(5) to the Minister within the period stated in subsection&#160;(2) .","sortOrder":17},{"sectionNumber":"pt.4","sectionType":"part","heading":"Transitional and savings provisions","content":"# Transitional and savings provisions","sortOrder":18},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Savings provision for Act No. 5 of 2011","content":"## Savings provision for Act No. 5 of 2011","sortOrder":19},{"sectionNumber":"sec.16","sectionType":"section","heading":"Saving of existing local industry policy","content":"### sec.16 Saving of existing local industry policy\n\nThe document titled ‘Local industry policy—fair go for local industry’ in force immediately before the commencement of this section was taken to be the local industry policy for this Act from 1 July 2011 to 3 April 2014.\ns&#160;16 amd 2014 No.&#160;40 s&#160;25A","sortOrder":20},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Transitional provisions for Queensland Future Fund (Titles Registry) Act 2021","content":"## Transitional provisions for Queensland Future Fund (Titles Registry) Act 2021","sortOrder":21},{"sectionNumber":"sec.17","sectionType":"section","heading":"Particular terms have meaning given under repealed Act","content":"### sec.17 Particular terms have meaning given under repealed Act\n\nIn this division, a term defined under the repealed Act but not under this Act has the meaning it had under the repealed Act.\nIn this section—\nrepealed Act means the repealed Building Queensland Act 2015 .\ns&#160;17 ins 2021 No.&#160;12 s&#160;156\n(sec.17-ssec.1) In this division, a term defined under the repealed Act but not under this Act has the meaning it had under the repealed Act.\n(sec.17-ssec.2) In this section— repealed Act means the repealed Building Queensland Act 2015 .","sortOrder":22},{"sectionNumber":"sec.18","sectionType":"section","heading":"Building Queensland and its board","content":"### sec.18 Building Queensland and its board\n\nOn the commencement—\nBuilding Queensland and its board are abolished; and\neach member of the board goes out of office.\nNo compensation is payable to a person because of subsection&#160;(1)(b).\nTo remove any doubt, it is declared that subsection&#160;(2) does not limit or otherwise affect a person’s right to a benefit or entitlement that had accrued before the commencement.\ns&#160;18 ins 2021 No.&#160;12 s&#160;156\n(sec.18-ssec.1) On the commencement— Building Queensland and its board are abolished; and each member of the board goes out of office.\n(sec.18-ssec.2) No compensation is payable to a person because of subsection&#160;(1)(b).\n(sec.18-ssec.3) To remove any doubt, it is declared that subsection&#160;(2) does not limit or otherwise affect a person’s right to a benefit or entitlement that had accrued before the commencement.\n- (a) Building Queensland and its board are abolished; and\n- (b) each member of the board goes out of office.","sortOrder":23},{"sectionNumber":"sec.19","sectionType":"section","heading":"Chief executive officer goes out of office","content":"### sec.19 Chief executive officer goes out of office\n\nOn the commencement, the person who, immediately before the commencement, held office as Building Queensland’s chief executive officer goes out of office and the person’s contract of employment ends.\nNo compensation is payable to the person because of subsection&#160;(1), other than as expressly provided for under the person’s contract of employment.\nTo remove any doubt, it is declared that subsection&#160;(2) does not limit or otherwise affect a person’s right to a benefit or entitlement that had accrued or was accruing before the commencement.\nA benefit or entitlement mentioned in subsection&#160;(3) stops accruing and becomes payable on the commencement as if the person’s contract of employment had been terminated on that day according to its terms and other than by the person.\ns&#160;19 ins 2021 No.&#160;12 s&#160;156\n(sec.19-ssec.1) On the commencement, the person who, immediately before the commencement, held office as Building Queensland’s chief executive officer goes out of office and the person’s contract of employment ends.\n(sec.19-ssec.2) No compensation is payable to the person because of subsection&#160;(1), other than as expressly provided for under the person’s contract of employment.\n(sec.19-ssec.3) To remove any doubt, it is declared that subsection&#160;(2) does not limit or otherwise affect a person’s right to a benefit or entitlement that had accrued or was accruing before the commencement.\n(sec.19-ssec.4) A benefit or entitlement mentioned in subsection&#160;(3) stops accruing and becomes payable on the commencement as if the person’s contract of employment had been terminated on that day according to its terms and other than by the person.","sortOrder":24},{"sectionNumber":"sec.20","sectionType":"section","heading":"State is successor in law of Building Queensland","content":"### sec.20 State is successor in law of Building Queensland\n\nThe State is the successor in law of Building Queensland.\nSubsection&#160;(1) is not limited by another provision of this division.\ns&#160;20 ins 2021 No.&#160;12 s&#160;156\n(sec.20-ssec.1) The State is the successor in law of Building Queensland.\n(sec.20-ssec.2) Subsection&#160;(1) is not limited by another provision of this division.","sortOrder":25},{"sectionNumber":"sec.21","sectionType":"section","heading":"Assets and liabilities","content":"### sec.21 Assets and liabilities\n\nOn the commencement, the assets and liabilities of Building Queensland immediately before the commencement become assets and liabilities of the State held in the department.\ns&#160;21 ins 2021 No.&#160;12 s&#160;156","sortOrder":26},{"sectionNumber":"sec.22","sectionType":"section","heading":"Records and other documents","content":"### sec.22 Records and other documents\n\nOn the commencement, the records and other documents of Building Queensland immediately before the commencement become records and documents of the department.\ns&#160;22 ins 2021 No.&#160;12 s&#160;156","sortOrder":27},{"sectionNumber":"sec.23","sectionType":"section","heading":"Contracts, agreements, undertakings, other arrangements and instruments","content":"### sec.23 Contracts, agreements, undertakings, other arrangements and instruments\n\nThis section applies to a contract, agreement, undertaking or other arrangement to which Building Queensland was a party, or an instrument that applied to Building Queensland, immediately before the commencement.\nThe State is a party to the contract, agreement, undertaking or arrangement, or the instrument applies to the State, in place of Building Queensland.\nWithout limiting subsection&#160;(2)—\nany right, title, interest or liability of Building Queensland arising under or relating to the contract, agreement, undertaking, arrangement or instrument is a right, title, interest or liability of the State; and\na current instrument, including a benefit or right provided by the contract, agreement, undertaking, arrangement or instrument, given to, by or in favour of Building Queensland before the commencement is taken to have been given to, by or in favour of the State; and\nan application relating to the contract, agreement, undertaking, arrangement or instrument made in the name of Building Queensland before the commencement is taken to have been made in the name of the State; and\na current instrument under which an amount is, or may become, payable to or by Building Queensland is taken to be an instrument under which the amount is, or may become, payable to or by the State in the way the amount was, or might have become, payable to or by Building Queensland; and\na current instrument under which property, other than money, is or may become liable to be transferred, conveyed or assigned to or by Building Queensland is taken to be an instrument under which property is, or may become liable to be, transferred, conveyed or assigned to or by the State in the way the property was, or might have become, liable to be transferred, conveyed or assigned to or by Building Queensland.\nThis section applies subject to section&#160;27.\ns&#160;23 ins 2021 No.&#160;12 s&#160;156\n(sec.23-ssec.1) This section applies to a contract, agreement, undertaking or other arrangement to which Building Queensland was a party, or an instrument that applied to Building Queensland, immediately before the commencement.\n(sec.23-ssec.2) The State is a party to the contract, agreement, undertaking or arrangement, or the instrument applies to the State, in place of Building Queensland.\n(sec.23-ssec.3) Without limiting subsection&#160;(2)— any right, title, interest or liability of Building Queensland arising under or relating to the contract, agreement, undertaking, arrangement or instrument is a right, title, interest or liability of the State; and a current instrument, including a benefit or right provided by the contract, agreement, undertaking, arrangement or instrument, given to, by or in favour of Building Queensland before the commencement is taken to have been given to, by or in favour of the State; and an application relating to the contract, agreement, undertaking, arrangement or instrument made in the name of Building Queensland before the commencement is taken to have been made in the name of the State; and a current instrument under which an amount is, or may become, payable to or by Building Queensland is taken to be an instrument under which the amount is, or may become, payable to or by the State in the way the amount was, or might have become, payable to or by Building Queensland; and a current instrument under which property, other than money, is or may become liable to be transferred, conveyed or assigned to or by Building Queensland is taken to be an instrument under which property is, or may become liable to be, transferred, conveyed or assigned to or by the State in the way the property was, or might have become, liable to be transferred, conveyed or assigned to or by Building Queensland.\n(sec.23-ssec.4) This section applies subject to section&#160;27.\n- (a) any right, title, interest or liability of Building Queensland arising under or relating to the contract, agreement, undertaking, arrangement or instrument is a right, title, interest or liability of the State; and\n- (b) a current instrument, including a benefit or right provided by the contract, agreement, undertaking, arrangement or instrument, given to, by or in favour of Building Queensland before the commencement is taken to have been given to, by or in favour of the State; and\n- (c) an application relating to the contract, agreement, undertaking, arrangement or instrument made in the name of Building Queensland before the commencement is taken to have been made in the name of the State; and\n- (d) a current instrument under which an amount is, or may become, payable to or by Building Queensland is taken to be an instrument under which the amount is, or may become, payable to or by the State in the way the amount was, or might have become, payable to or by Building Queensland; and\n- (e) a current instrument under which property, other than money, is or may become liable to be transferred, conveyed or assigned to or by Building Queensland is taken to be an instrument under which property is, or may become liable to be, transferred, conveyed or assigned to or by the State in the way the property was, or might have become, liable to be transferred, conveyed or assigned to or by Building Queensland.","sortOrder":28},{"sectionNumber":"sec.24","sectionType":"section","heading":"Registering authority to note transfer or other dealing","content":"### sec.24 Registering authority to note transfer or other dealing\n\nA registering authority must, on written application by the chief executive and without charge, register or record in the appropriate way a transfer of, or other dealing affecting, an asset, liability or instrument under this division.\nThe chief executive must comply with any relevant procedures required by the registering authority for the purpose of registering or recording the transfer or other dealing.\nIn this section—\nregistering authority means the registrar of titles or another entity required or authorised by law to register or record transactions affecting assets, liabilities or instruments.\ns&#160;24 ins 2021 No.&#160;12 s&#160;156\n(sec.24-ssec.1) A registering authority must, on written application by the chief executive and without charge, register or record in the appropriate way a transfer of, or other dealing affecting, an asset, liability or instrument under this division.\n(sec.24-ssec.2) The chief executive must comply with any relevant procedures required by the registering authority for the purpose of registering or recording the transfer or other dealing.\n(sec.24-ssec.3) In this section— registering authority means the registrar of titles or another entity required or authorised by law to register or record transactions affecting assets, liabilities or instruments.","sortOrder":29},{"sectionNumber":"sec.25","sectionType":"section","heading":"Proceedings not yet started","content":"### sec.25 Proceedings not yet started\n\nThis section applies if, immediately before the commencement, a proceeding could have been started by or against Building Queensland within a particular period.\nThe proceeding may be started by or against the State within the period.\ns&#160;25 ins 2021 No.&#160;12 s&#160;156\n(sec.25-ssec.1) This section applies if, immediately before the commencement, a proceeding could have been started by or against Building Queensland within a particular period.\n(sec.25-ssec.2) The proceeding may be started by or against the State within the period.","sortOrder":30},{"sectionNumber":"sec.26","sectionType":"section","heading":"Current proceedings","content":"### sec.26 Current proceedings\n\nThis section applies to a proceeding that, immediately before the commencement, had not ended and to which Building Queensland was a party.\nOn the commencement, the State becomes a party to the proceeding in place of Building Queensland.\ns&#160;26 ins 2021 No.&#160;12 s&#160;156\n(sec.26-ssec.1) This section applies to a proceeding that, immediately before the commencement, had not ended and to which Building Queensland was a party.\n(sec.26-ssec.2) On the commencement, the State becomes a party to the proceeding in place of Building Queensland.","sortOrder":31},{"sectionNumber":"sec.27","sectionType":"section","heading":"Matters relating to employment","content":"### sec.27 Matters relating to employment\n\nThis section applies to each person who was an employee of Building Queensland immediately before the commencement, other than the chief executive officer.\nOn the commencement—\nthe person becomes a public service employee of the department; and\nthe person stops being an employee of Building Queensland; and\nBuilding Queensland’s liability for recreation, sick or long service leave accrued but not taken by the person before the commencement is transferred to the State held in the department; and\nBuilding Queensland’s records, to the extent they relate to the person’s employment, become records of the State held in the department.\nWithout limiting subsection&#160;(2)(a), if the person is employed under a contract of employment, the person’s contract of employment with Building Queensland is taken to be a contract of employment between the person and the chief executive and applies with any necessary changes to give effect to the contract.\nThe change under subsection&#160;(2) has effect despite any contract, instrument or other law and does not—\nreduce the person’s total remuneration; or\nprejudice the person’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or\ninterrupt the person’s continuity of service, except that the person is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or\nconstitute a termination of employment by Building Queensland, retrenchment or redundancy; or\nentitle the person to a payment or other benefit merely because the person is no longer employed by Building Queensland; or\nrequire a payment to be made in relation to the person’s accrued rights to recreation, sick, long service or other leave irrespective of any arrangement between Building Queensland and the person; or\nterminate or otherwise end a contract.\ns&#160;27 ins 2021 No.&#160;12 s&#160;156\n(sec.27-ssec.1) This section applies to each person who was an employee of Building Queensland immediately before the commencement, other than the chief executive officer.\n(sec.27-ssec.2) On the commencement— the person becomes a public service employee of the department; and the person stops being an employee of Building Queensland; and Building Queensland’s liability for recreation, sick or long service leave accrued but not taken by the person before the commencement is transferred to the State held in the department; and Building Queensland’s records, to the extent they relate to the person’s employment, become records of the State held in the department.\n(sec.27-ssec.3) Without limiting subsection&#160;(2)(a), if the person is employed under a contract of employment, the person’s contract of employment with Building Queensland is taken to be a contract of employment between the person and the chief executive and applies with any necessary changes to give effect to the contract.\n(sec.27-ssec.4) The change under subsection&#160;(2) has effect despite any contract, instrument or other law and does not— reduce the person’s total remuneration; or prejudice the person’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or interrupt the person’s continuity of service, except that the person is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or constitute a termination of employment by Building Queensland, retrenchment or redundancy; or entitle the person to a payment or other benefit merely because the person is no longer employed by Building Queensland; or require a payment to be made in relation to the person’s accrued rights to recreation, sick, long service or other leave irrespective of any arrangement between Building Queensland and the person; or terminate or otherwise end a contract.\n- (a) the person becomes a public service employee of the department; and\n- (b) the person stops being an employee of Building Queensland; and\n- (c) Building Queensland’s liability for recreation, sick or long service leave accrued but not taken by the person before the commencement is transferred to the State held in the department; and\n- (d) Building Queensland’s records, to the extent they relate to the person’s employment, become records of the State held in the department.\n- (a) reduce the person’s total remuneration; or\n- (b) prejudice the person’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or\n- (c) interrupt the person’s continuity of service, except that the person is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or\n- (d) constitute a termination of employment by Building Queensland, retrenchment or redundancy; or\n- (e) entitle the person to a payment or other benefit merely because the person is no longer employed by Building Queensland; or\n- (f) require a payment to be made in relation to the person’s accrued rights to recreation, sick, long service or other leave irrespective of any arrangement between Building Queensland and the person; or\n- (g) terminate or otherwise end a contract.","sortOrder":32},{"sectionNumber":"sec.28","sectionType":"section","heading":"Effect on legal relationships","content":"### sec.28 Effect on legal relationships\n\nAnything done under this division—\ndoes not make the State liable for a civil wrong or a contravention of a law or for a breach of contract or confidence; and\ndoes not make the State in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; and\ndoes not fulfil a condition that—\nterminates, or allows a person to terminate, an instrument or obligation; or\nmodifies, or allows a person to modify, the operation or effect of an instrument or obligation; or\nallows a person to avoid or enforce an obligation or liability contained in an instrument; or\nrequires a person to perform an obligation contained in an instrument; or\nrequires any money to be paid before its stated maturity; and\ndoes not release a surety or other obligee, wholly or partly, from an obligation.\nIf, apart from this section, the advice, consent or approval of a person would be necessary to do something under this division, the advice is taken to have been obtained or the consent or approval is taken to have been given unconditionally.\nIf giving notice to a person would be necessary to do something under this division, the notice is taken to have been given.\nA reference in this section to the State includes a reference to an employee or agent of the State.\ns&#160;28 ins 2021 No.&#160;12 s&#160;156\n(sec.28-ssec.1) Anything done under this division— does not make the State liable for a civil wrong or a contravention of a law or for a breach of contract or confidence; and does not make the State in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; and does not fulfil a condition that— terminates, or allows a person to terminate, an instrument or obligation; or modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or allows a person to avoid or enforce an obligation or liability contained in an instrument; or requires a person to perform an obligation contained in an instrument; or requires any money to be paid before its stated maturity; and does not release a surety or other obligee, wholly or partly, from an obligation.\n(sec.28-ssec.2) If, apart from this section, the advice, consent or approval of a person would be necessary to do something under this division, the advice is taken to have been obtained or the consent or approval is taken to have been given unconditionally.\n(sec.28-ssec.3) If giving notice to a person would be necessary to do something under this division, the notice is taken to have been given.\n(sec.28-ssec.4) A reference in this section to the State includes a reference to an employee or agent of the State.\n- (a) does not make the State liable for a civil wrong or a contravention of a law or for a breach of contract or confidence; and\n- (b) does not make the State in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; and\n- (c) does not fulfil a condition that— (i) terminates, or allows a person to terminate, an instrument or obligation; or (ii) modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or (iii) allows a person to avoid or enforce an obligation or liability contained in an instrument; or (iv) requires a person to perform an obligation contained in an instrument; or (v) requires any money to be paid before its stated maturity; and\n- (i) terminates, or allows a person to terminate, an instrument or obligation; or\n- (ii) modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or\n- (iii) allows a person to avoid or enforce an obligation or liability contained in an instrument; or\n- (iv) requires a person to perform an obligation contained in an instrument; or\n- (v) requires any money to be paid before its stated maturity; and\n- (d) does not release a surety or other obligee, wholly or partly, from an obligation.\n- (i) terminates, or allows a person to terminate, an instrument or obligation; or\n- (ii) modifies, or allows a person to modify, the operation or effect of an instrument or obligation; or\n- (iii) allows a person to avoid or enforce an obligation or liability contained in an instrument; or\n- (iv) requires a person to perform an obligation contained in an instrument; or\n- (v) requires any money to be paid before its stated maturity; and","sortOrder":33},{"sectionNumber":"sec.29","sectionType":"section","heading":"Division applies despite other laws and instruments","content":"### sec.29 Division applies despite other laws and instruments\n\nA thing may be done under this division despite any other law or instrument.\ns&#160;29 ins 2021 No.&#160;12 s&#160;156","sortOrder":34},{"sectionNumber":"sec.30","sectionType":"section","heading":"References to Building Queensland","content":"### sec.30 References to Building Queensland\n\nIn an Act or document, a reference to Building Queensland is, if the context permits, taken to be a reference to the State.\ns&#160;30 ins 2021 No.&#160;12 s&#160;156","sortOrder":35}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 2011 Act was a straightforward framework for local industry participation policy. However, the legislation has been significantly expanded through amendments (particularly in 2021) to include extensive transitional provisions for the abolition of Building Queensland. Sections 17-30 now comprise roughly half the Act's substantive content and deal with asset transfers, employment continuity, legal succession, and winding up a government body — matters entirely unrelated to the original purpose of local industry participation. This represents substantial scope creep, effectively using an existing Act as a legislative vehicle for administrative restructuring rather than creating separate transitional legislation."},"complexity_factors":["Multiple layers of conditional application: agencies must comply, GOCs only if notified, rail entities only if specific Ministers give notice (section 11)","Extensive cross-referencing to other Queensland Acts: Financial Accountability Act 2009, Government Owned Corporations Act 1993, Public Service Ethics Act 1994, Public Sector Act 2022, Queensland Rail Transit Authority Act 2013 (sections 9, 11, 13)","Nested definitions: 'rail government entity' and 'responsible Ministers' defined within operational section (section 11)","Dictionary in schedule defines terms but not reproduced in provided text (section 5)","Substantial transitional provisions (sections 17-30) added later for abolition of Building Queensland, including complex employment transfer provisions with 7 specific protections in subsection 27(4)","Multiple consultation requirements with different stakeholders for different entities (section 10)","Information gathering powers involve a two-step process for GOCs (Minister → shareholding Ministers → GOC) with cascading timeframes (section 15)"],"plain_english_summary":"**What this law does:**\n\nThis Act requires the Queensland Minister to create and maintain a **local industry policy** — a set of rules designed to give Queensland businesses a fair go when the State government spends money on projects, buys goods or services, or funds developments.\n\n**Who it affects:**\n\n- **Government agencies** — must follow the policy\n- **Government Owned Corporations (GOCs)** — only have to follow it if their shareholding Ministers tell them to\n- **Rail government entities** (like Queensland Rail) — only if specifically notified by the Treasurer and the Transport Minister\n- **Local businesses** — get preferential access to government contracts and projects\n- **Industry groups and unions** — get consulted when the policy is developed or reviewed\n\n**Key requirements:**\n\n- The Minister must develop a policy that aims to:\n  - Create jobs and grow Queensland businesses\n  - Support regional and rural areas\n  - Help local firms compete against overseas suppliers\n  - Drive innovation and technology transfer\n  \n- The policy must follow three principles:\n  - **Value for money** (taxpayers get good bang for buck)\n  - **Probity and accountability** (honest, transparent processes)\n  - **Minimising red tape** (not burdening agencies with excessive paperwork)\n\n- The policy must also respect:\n  - International trade agreements\n  - Existing financial and ethics laws\n\n**Reporting and transparency:**\n\n- The policy must be published online and available for public inspection\n- The department must report annually on how the policy is working\n- The Minister can demand information from agencies and GOCs to prepare these reports\n\n**Why it matters:**\n\nThis is Queensland's \"buy local\" law. It tries to balance two competing goals: (1) keeping government spending within Queensland to support local jobs and businesses, and (2) staying within international trade rules and getting good value for taxpayer money. It gives local businesses a foot in the door for government contracts while stopping short of mandating local content (which could breach trade agreements).\n\n**Note on recent changes:**\n\nThe Act also contains extensive transitional provisions (sections 17–30) that abolished **Building Queensland** (a government body) in 2021 and transferred all its assets, liabilities, staff and legal matters to the State. These are housekeeping provisions that don't change the main purpose of the Act but ensure legal continuity after the agency was shut down."},"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":5,"scope_assessment":{"changed":true,"description":"The Act's original and primary purpose is narrow and focused: establishing a local industry participation policy for Queensland government procurement. However, through later amendments (particularly in 2021), it was used as a vehicle to abolish Building Queensland — an entirely separate infrastructure advisory body — and manage the full succession of its staff, assets, contracts, and legal proceedings to the State. This is a significant scope expansion beyond procurement policy into institutional restructuring and employment law, likely reflecting opportunistic legislative consolidation rather than thematic coherence."},"complexity_factors":["Multiple tiers of compliance obligations applying differently to agencies, GOCs, and rail entities — each with different triggering mechanisms","Interaction with multiple other Acts (Financial Accountability Act 2009, Government Owned Corporations Act 1993, Public Service Ethics Act 1994, Queensland Rail Transit Authority Act 2013, Public Sector Act 2022)","Layered ministerial responsibilities — distinguishing between the Minister, shareholding Ministers, and responsible Ministers depending on the entity type","The 2021 Building Queensland abolition provisions introduce a separate and detailed succession-in-law framework (assets, liabilities, contracts, employment, proceedings) bolted onto what is otherwise a simple policy Act","Transitional provisions spanning multiple amendments (2013, 2014, 2021, 2022) create a complex legislative history","No enforcement mechanism for non-compliance (no civil cause of action, no prosecution of the State) — making the practical legal effect of the compliance obligations ambiguous","Obligation to comply with international trade agreements adds a cross-jurisdictional layer that requires understanding of Commonwealth treaty obligations"],"plain_english_summary":"## Queensland Industry Participation Policy Act 2011\n\n### What does this law do?\n\nThis Act requires the Queensland Government to create and follow a **\"local industry policy\"** — basically a set of rules designed to give Queensland businesses (\"local industry\") a fair chance to win government contracts and participate in government-funded projects.\n\n### Who does it affect?\n\n- **Queensland businesses**: The policy is designed to benefit local companies by giving them genuine opportunities to compete for government work.\n- **Government departments (\"agencies\")**: Must follow the local industry policy — no exceptions.\n- **Government-Owned Corporations (GOCs)** — like energy or water utilities owned by the government: Only need to comply if the relevant ministers formally tell them to.\n- **Rail entities** (like Queensland Rail): Similar conditional compliance rules apply.\n- **The general public**: The policy must be publicly available online and at government offices — you can read it for free.\n\n### What does the policy aim to achieve?\n\nThe law sets out clear goals, including:\n- **Boosting Queensland jobs and businesses** by opening up more government work to local companies\n- **Supporting regional and rural Queensland** communities\n- **Helping local businesses compete internationally**\n- **Encouraging innovation and technology development**\n- Still achieving **value for money** for taxpayers\n\n### Important limits\n\n- **You can't sue the government** if it breaches this Act — the law explicitly rules out civil lawsuits for non-compliance.\n- The policy must stay consistent with **Australia's international trade agreements** (so the government can't use it to unfairly block foreign competitors in ways that breach treaty obligations).\n- The government must **report annually** on how well the policy is actually being implemented.\n\n### The Building Queensland Abolition (added later)\n\nIn 2021, the law was amended to absorb a separate government body called **Building Queensland** (an infrastructure advisory body). That body was wound up, its staff moved to the relevant department, and the Queensland Government took over all its assets, contracts, and legal obligations. This is essentially administrative housekeeping.\n\n### Why does it matter to you?\n\nIf you run a Queensland business, this law means the government is *required* to have a formal policy giving you a fair shot at government contracts. If you're a taxpayer, it means the government must publicly report on whether it's actually following through — not just making promises."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.3","severity":"medium","reasoning":"Section 3(1) declares the Act binds all persons including the State. Section 11(1) imposes a mandatory compliance obligation on agencies (State entities). Yet s.3(2) ensures the State faces no criminal liability for non-compliance. The Act creates binding obligations on the State while simultaneously providing the State a blanket shield against any enforcement mechanism for those obligations. Combined with s.4 removing civil causes of action, there is effectively zero legal consequence for State non-compliance, rendering the 'binding' nature of the Act on the State essentially meaningless.","confidence":0.82,"description":"The Act binds the State but simultaneously immunises it from prosecution for any offence under the Act. Given that agencies (which are State entities) are mandated to comply with the local industry policy under s.11(1), the State can breach its own mandatory obligations with complete impunity."},{"type":"impossible_compliance","section":"sec.3 and sec.4","severity":"high","reasoning":"An Act that mandates compliance (ss.6, 11) but strips out both criminal liability (s.3(2)) and civil remedies (s.4) creates an unenforceable obligation. Third parties harmed by non-compliance with the local industry policy cannot sue (s.4), and the State cannot be prosecuted (s.3(2)). Even private GOCs and rail entities face no enforceable sanction. The mandatory language ('must') is rendered hollow.","confidence":0.85,"description":"The Act purports to bind all persons and imposes mandatory compliance obligations, but s.4 removes any civil cause of action for contravention, and s.3(2) removes criminal liability for the State. The combined effect is a mandatory obligation with no available legal remedy for any party affected by non-compliance."},{"type":"impossible_compliance","section":"sec.15(6)","severity":"medium","reasoning":"Section 15(2) sets a deadline in the Minister's notice for shareholding Ministers to comply with the Minister's request. Section 15(4) then requires shareholding Ministers to issue their own notice to the GOC with a 'reasonable period' for the GOC to respond. Section 15(6) requires shareholding Ministers to transmit the GOC's information to the Minister within the period set in s.15(2). If the shareholding Ministers' notice to the GOC under s.15(4) allows a period approaching or equal to the s.15(2) period, it becomes structurally impossible for the GOC to respond and for shareholding Ministers to then forward information to the Minister within the original deadline.","confidence":0.75,"description":"Section 15(6) requires shareholding Ministers to give information to the Minister within the period stated in s.15(2), but that period was set for the shareholding Ministers to obtain information from the GOC — not for the entire chain of transmission back to the Minister. The same deadline governs both the GOC's response to shareholding Ministers and shareholding Ministers' onward transmission to the Minister, creating a timing impossibility."},{"type":"retroactive_impossibility","section":"sec.16","severity":"medium","reasoning":"Section 2 provides that the Act commences on a day to be fixed by proclamation, meaning it was not in force on 1 July 2011. Section 16 purports to deem the pre-existing document to 'be the local industry policy for this Act' from 1 July 2011. But 'this Act' did not exist as operative law on 1 July 2011. The Act is applying its own definitions and framework retrospectively to a period before its commencement, which is logically problematic — the obligations under the Act (s.11 compliance duties, s.12 publication requirements) could not have applied during that pre-commencement period.","confidence":0.7,"description":"Section 16 retrospectively deems an existing document to be the 'local industry policy' for a historical period (1 July 2011 to 3 April 2014), even though the Act itself had not yet commenced during that period (commencement is by proclamation under s.2). The Act is retroactively applying its own legal framework to a period before the Act was in force."},{"type":"other","section":"sec.28(1)(a) and sec.28(1)(b)","severity":"medium","reasoning":"Section 28(1)(a) provides that acts done under the division do not make the State liable for 'a civil wrong or a contravention of a law.' This is extremely broad — it purports to override any other law that might otherwise apply to the State's conduct in absorbing Building Queensland's assets, contracts and employees. While transitional immunity provisions are common, the combination with s.28(2) (treating all consents as given) and s.28(3) (treating all notices as given) creates a fiction-upon-fiction structure where the State can take over legal relationships without actual notice or consent, and cannot be held liable for doing so.","confidence":0.65,"description":"Section 28 declares that anything done under Division 2 does not make the State liable for a civil wrong or contravention of a law, effectively granting the State blanket immunity for all acts performed under the Building Queensland wind-up provisions, even if those acts would otherwise be unlawful. This creates a zone of complete legal unaccountability."},{"type":"other","section":"sec.17","severity":"low","reasoning":"The division is headed 'Transitional provisions for Queensland Future Fund (Titles Registry) Act 2021' but its substance deals entirely with the abolition of Building Queensland (established under the Building Queensland Act 2015). The 2021 Act appears to have been the vehicle for abolishing Building Queensland, but the division heading creates confusion about what the transitional provisions are actually transitioning from and to.","confidence":0.6,"description":"Section 17 references the 'repealed Building Queensland Act 2015' as the 'repealed Act' for definitional purposes in Division 2 of Part 4. However, the division heading refers to 'Transitional provisions for Queensland Future Fund (Titles Registry) Act 2021', suggesting the transitional provisions were inserted via the 2021 Act but the referenced repealed Act is the Building Queensland Act 2015. This mismatch between the division heading and the actual operative provisions creates interpretive confusion about the legislative trigger."}],"contradictions":[{"severity":"medium","section_a":"sec.3(1)","section_b":"sec.3(2)","confidence":0.85,"description":"Section 3(1) declares the Act binds the State, creating legal obligations on the State. Section 3(2) simultaneously exempts the State from prosecution for any offence under the Act. These provisions are internally contradictory: the State is 'bound' but cannot be held criminally accountable for failing to be bound."},{"severity":"high","section_a":"sec.11(1)","section_b":"sec.3(2) and sec.4","confidence":0.88,"description":"Section 11(1) imposes a mandatory obligation on agencies to comply with the local industry policy (using 'must'). However, s.3(2) prevents State prosecution and s.4 prevents civil actions for contraventions. The mandatory compliance obligation in s.11(1) is directly contradicted by the complete absence of any enforcement mechanism created by ss.3(2) and 4 combined."},{"severity":"high","section_a":"sec.7(d)","section_b":"sec.9(a)","confidence":0.8,"description":"Section 7(d) requires the Minister to have regard to 'developing local industry's long-term international competitiveness... by giving local industry a fair opportunity to compete against foreign suppliers.' Section 9(a) requires the policy to be consistent with Australia's obligations under international agreements (trade agreements), which typically prohibit preferential treatment of domestic suppliers. The objective of favouring local industry over foreign suppliers is in direct tension with international trade agreement non-discrimination obligations."},{"severity":"medium","section_a":"sec.8(a)","section_b":"sec.7(a)","confidence":0.75,"description":"Section 8(a) requires the policy to achieve 'value for money' as a mandatory principle. Section 7(a) requires the Minister to have regard to 'maximising employment and business growth in Queensland by expanding market opportunities for local industry.' Preferentially selecting local industry suppliers to maximise Queensland employment may frequently conflict with achieving best value for money, as local suppliers may be more expensive than interstate or overseas alternatives. The Act provides no hierarchy or tiebreaker between these competing imperatives."},{"severity":"medium","section_a":"sec.8(c)","section_b":"sec.10 and sec.13-15","confidence":0.7,"description":"Section 8(c) requires the policy to minimise compliance burden by 'avoiding unnecessary and excessive administration.' Sections 10 (mandatory multi-party consultation before adoption or review), 13 (mandatory annual reporting), 14 (information-gathering from agencies) and 15 (multi-step information-gathering chain through shareholding Ministers for GOCs) collectively impose substantial administrative obligations. The principle of minimising administration is contradicted by the Act's own administrative machinery."},{"severity":"medium","section_a":"sec.19(2)","section_b":"sec.19(3) and sec.19(4)","confidence":0.68,"description":"Section 19(2) states no compensation is payable to the outgoing CEO 'other than as expressly provided for under the person's contract of employment.' Section 19(3) then preserves accrued benefits and entitlements. Section 19(4) deems those accrued benefits to become payable 'as if the person's contract of employment had been terminated on that day according to its terms and other than by the person' (i.e., as if terminated by the employer). This effectively grants termination-by-employer entitlements, which may be more generous than what is 'expressly provided' in the contract for voluntary departure or abolition of role, potentially contradicting the limitation in s.19(2)."},{"severity":"medium","section_a":"sec.28(1)(a)","section_b":"sec.26(2)","confidence":0.65,"description":"Section 26(2) makes the State a party to current proceedings in place of Building Queensland. Section 28(1)(a) declares that anything done under the division does not make the State liable for a civil wrong or contravention of a law. If the State steps into Building Queensland's shoes in litigation (s.26) but is simultaneously immunised from liability for civil wrongs under s.28, this creates an anomaly where the State inherits Building Queensland's procedural position in proceedings but may be able to invoke s.28 immunity to defeat substantive liability claims that Building Queensland itself could not have defeated."}]}},"importantCases":[],"_links":{"self":"/api/acts/queensland-industry-participation-policy-act-2011","history":"/api/acts/queensland-industry-participation-policy-act-2011/history","analysis":"/api/acts/queensland-industry-participation-policy-act-2011/analysis","conflicts":"/api/acts/queensland-industry-participation-policy-act-2011/conflicts","importantCases":"/api/acts/queensland-industry-participation-policy-act-2011/important-cases","documents":"/api/acts/queensland-industry-participation-policy-act-2011/documents"}}