{"id":"qld:act-2025-002","name":"Queensland Productivity Commission Act 2025","slug":"queensland-productivity-commission-act-2025","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"2 of 2025","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29517,"registerId":"qld-act-2025-002-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 Productivity Commission Act 2025 .","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":"Main purpose","content":"### sec.3 Main purpose\n\nThe main purpose of this Act is to establish the Queensland Productivity Commission to undertake inquiries and research and to provide independent advice to the Minister in relation to economic and social issues, regulatory matters or legislation having particular regard to productivity, economic growth and improving living standards in Queensland.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Definitions","content":"### sec.4 Definitions\n\nThe dictionary in schedule 1 defines particular words used in this Act.","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"Queensland Productivity Commission","content":"# Queensland Productivity Commission","sortOrder":5},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Establishment","content":"## Establishment","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Establishment","content":"### sec.5 Establishment\n\nThe Queensland Productivity Commission is established.","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Legal status","content":"### sec.6 Legal status\n\nThe commission—\nis a body corporate; and\nmay sue and be sued in its corporate name.\n- (a) is a body corporate; and\n- (b) may sue and be sued in its corporate name.","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Commission represents the State","content":"### sec.7 Commission represents the State\n\nThe commission represents the State.\nWithout limiting subsection (1) , the commission has the status, privileges and immunities of the State.\n(sec.7-ssec.1) The commission represents the State.\n(sec.7-ssec.2) Without limiting subsection (1) , the commission has the status, privileges and immunities of the State.","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Application of other Acts","content":"### sec.8 Application of other Acts\n\nThe commission is—\na statutory body under the Financial Accountability Act 2009 ; and\na statutory body under the Statutory Bodies Financial Arrangements Act 1982 ; and\nThe Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way that Act affects the commission’s powers.\na unit of public administration under the Crime and Corruption Act 2001 .\n- (a) a statutory body under the Financial Accountability Act 2009 ; and\n- (b) a statutory body under the Statutory Bodies Financial Arrangements Act 1982 ; and Note— The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way that Act affects the commission’s powers.\n- (c) a unit of public administration under the Crime and Corruption Act 2001 .","sortOrder":10},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Functions and powers","content":"## Functions and powers","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Functions","content":"### sec.9 Functions\n\nThe main functions of the commission are—\nto undertake inquiries into economic and social issues, regulatory matters or legislation as directed by the Minister; and\nto undertake research into economic and social issues, regulatory matters or legislation as directed or approved by the Minister, or on its own initiative; and\nto administer, monitor and review regulatory matters as directed by the Minister; and\nto provide advice to the Minister as requested.\nAlso, the commission has any other function given to it under this Act or another Act.\n(sec.9-ssec.1) The main functions of the commission are— to undertake inquiries into economic and social issues, regulatory matters or legislation as directed by the Minister; and to undertake research into economic and social issues, regulatory matters or legislation as directed or approved by the Minister, or on its own initiative; and to administer, monitor and review regulatory matters as directed by the Minister; and to provide advice to the Minister as requested.\n(sec.9-ssec.2) Also, the commission has any other function given to it under this Act or another Act.\n- (a) to undertake inquiries into economic and social issues, regulatory matters or legislation as directed by the Minister; and\n- (b) to undertake research into economic and social issues, regulatory matters or legislation as directed or approved by the Minister, or on its own initiative; and\n- (c) to administer, monitor and review regulatory matters as directed by the Minister; and\n- (d) to provide advice to the Minister as requested.","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Powers","content":"### sec.10 Powers\n\nThe commission has all the powers of an individual and may do anything necessary or convenient to be done in the performance of its functions.\nAlso, the commission has the powers given to it under this Act or another Act.\n(sec.10-ssec.1) The commission has all the powers of an individual and may do anything necessary or convenient to be done in the performance of its functions.\n(sec.10-ssec.2) Also, the commission has the powers given to it under this Act or another Act.","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Authentication of documents","content":"### sec.11 Authentication of documents\n\nA document made by the commission is sufficiently made if it is signed by the productivity commissioner or another person authorised by the board.","sortOrder":14},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Board","content":"## Board","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":"Establishment","content":"### sec.12 Establishment\n\nThe board is established as the governing body of the commission.","sortOrder":16},{"sectionNumber":"sec.13","sectionType":"section","heading":"Functions","content":"### sec.13 Functions\n\nThe functions of the board are—\nto ensure the commission performs its functions in a proper, effective and efficient way; and\nany other function given to the board under this Act or another Act.\n- (a) to ensure the commission performs its functions in a proper, effective and efficient way; and\n- (b) any other function given to the board under this Act or another Act.","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":"Powers","content":"### sec.14 Powers\n\nThe board has all the powers to do anything necessary or convenient to be done in the performance of its functions.\nAlso, the board has any other power given to it under this Act or another Act.\nAnything done in the name of, or for, the commission by the board is taken to have been done by the commission.\n(sec.14-ssec.1) The board has all the powers to do anything necessary or convenient to be done in the performance of its functions.\n(sec.14-ssec.2) Also, the board has any other power given to it under this Act or another Act.\n(sec.14-ssec.3) Anything done in the name of, or for, the commission by the board is taken to have been done by the commission.","sortOrder":18},{"sectionNumber":"sec.15","sectionType":"section","heading":"Composition","content":"### sec.15 Composition\n\nThe board consists of at least 1 but not more than 4 persons appointed by the Governor in Council on the recommendation of the Minister.\nOne of the persons appointed under subsection (1) must be appointed as the productivity commissioner.\nThe Minister may recommend a person for appointment under subsection (1) only if the Minister is satisfied the person is appropriately qualified.\n(sec.15-ssec.1) The board consists of at least 1 but not more than 4 persons appointed by the Governor in Council on the recommendation of the Minister.\n(sec.15-ssec.2) One of the persons appointed under subsection (1) must be appointed as the productivity commissioner.\n(sec.15-ssec.3) The Minister may recommend a person for appointment under subsection (1) only if the Minister is satisfied the person is appropriately qualified.","sortOrder":19},{"sectionNumber":"sec.16","sectionType":"section","heading":"Term of appointment","content":"### sec.16 Term of appointment\n\nA commissioner holds office for the term, not longer than 3 years, stated in the commissioner’s instrument of appointment.\nA person may be reappointed as a commissioner.\n(sec.16-ssec.1) A commissioner holds office for the term, not longer than 3 years, stated in the commissioner’s instrument of appointment.\n(sec.16-ssec.2) A person may be reappointed as a commissioner.","sortOrder":20},{"sectionNumber":"sec.17","sectionType":"section","heading":"Conditions of appointment","content":"### sec.17 Conditions of appointment\n\nA commissioner is to be paid the remuneration and allowances decided by the Governor in Council.\nA commissioner holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.\n(sec.17-ssec.1) A commissioner is to be paid the remuneration and allowances decided by the Governor in Council.\n(sec.17-ssec.2) A commissioner holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.","sortOrder":21},{"sectionNumber":"sec.18","sectionType":"section","heading":"Productivity commissioner","content":"### sec.18 Productivity commissioner\n\nThe Governor in Council may, on the recommendation of the Minister, appoint a commissioner to be the productivity commissioner.\nA commissioner may be appointed as the productivity commissioner at the same time the person is appointed as a commissioner.\nThe productivity commissioner holds office for the term stated in the person’s instrument of appointment as the productivity commissioner.\nHowever, the person’s appointment as the productivity commissioner ends if—\nthe person stops being a commissioner; or\nthe person resigns from the office of productivity commissioner by signed notice given to the Minister.\nThe productivity commissioner is responsible for—\nmanaging and directing the activities of the commission; and\nensuring the board performs its functions and exercises its powers appropriately.\nA commissioner may be reappointed as the productivity commissioner.\n(sec.18-ssec.1) The Governor in Council may, on the recommendation of the Minister, appoint a commissioner to be the productivity commissioner.\n(sec.18-ssec.2) A commissioner may be appointed as the productivity commissioner at the same time the person is appointed as a commissioner.\n(sec.18-ssec.3) The productivity commissioner holds office for the term stated in the person’s instrument of appointment as the productivity commissioner.\n(sec.18-ssec.4) However, the person’s appointment as the productivity commissioner ends if— the person stops being a commissioner; or the person resigns from the office of productivity commissioner by signed notice given to the Minister.\n(sec.18-ssec.5) The productivity commissioner is responsible for— managing and directing the activities of the commission; and ensuring the board performs its functions and exercises its powers appropriately.\n(sec.18-ssec.6) A commissioner may be reappointed as the productivity commissioner.\n- (a) the person stops being a commissioner; or\n- (b) the person resigns from the office of productivity commissioner by signed notice given to the Minister.\n- (a) managing and directing the activities of the commission; and\n- (b) ensuring the board performs its functions and exercises its powers appropriately.","sortOrder":22},{"sectionNumber":"sec.19","sectionType":"section","heading":"Preservation of rights","content":"### sec.19 Preservation of rights\n\nThis section applies if a person who is a public service officer is appointed as a commissioner.\nThe person keeps all rights accrued or accruing to the person as a public service officer as if service as a commissioner were a continuation of service as a public service officer.\nAt the end of the person’s term of office or resignation as a commissioner, the person’s service as a commissioner is taken to be service of a like nature in the public service for deciding the person’s rights as a public service officer.\n(sec.19-ssec.1) This section applies if a person who is a public service officer is appointed as a commissioner.\n(sec.19-ssec.2) The person keeps all rights accrued or accruing to the person as a public service officer as if service as a commissioner were a continuation of service as a public service officer.\n(sec.19-ssec.3) At the end of the person’s term of office or resignation as a commissioner, the person’s service as a commissioner is taken to be service of a like nature in the public service for deciding the person’s rights as a public service officer.","sortOrder":23},{"sectionNumber":"sec.20","sectionType":"section","heading":"Disqualification","content":"### sec.20 Disqualification\n\nA person is disqualified from becoming, or continuing as, a commissioner if the person—\nis an insolvent under administration; or\nis disqualified from managing corporations because of the Corporations Act , part 2D .6; or\nis a staff member or contractor of the commission; or\nhas a conviction, other than a spent conviction, for an indictable offence; or\ndoes not consent to the Minister requesting a report about the person’s criminal history under section 27 .\n- (a) is an insolvent under administration; or\n- (b) is disqualified from managing corporations because of the Corporations Act , part 2D .6; or\n- (c) is a staff member or contractor of the commission; or\n- (d) has a conviction, other than a spent conviction, for an indictable offence; or\n- (e) does not consent to the Minister requesting a report about the person’s criminal history under section 27 .","sortOrder":24},{"sectionNumber":"sec.21","sectionType":"section","heading":"Vacancy in office","content":"### sec.21 Vacancy in office\n\nThe office of a commissioner becomes vacant if the commissioner—\ncompletes a term of office and is not reappointed; or\nis disqualified from continuing in office under section 20 ; or\nresigns by notice under section 22 ; or\nis removed from office under section 23 .\n- (a) completes a term of office and is not reappointed; or\n- (b) is disqualified from continuing in office under section 20 ; or\n- (c) resigns by notice under section 22 ; or\n- (d) is removed from office under section 23 .","sortOrder":25},{"sectionNumber":"sec.22","sectionType":"section","heading":"Resignation","content":"### sec.22 Resignation\n\nA commissioner may resign from office by signed notice given to the Minister.\nThe resignation takes effect when the Minister receives the notice or, if a later day is stated in the notice, the later day.\n(sec.22-ssec.1) A commissioner may resign from office by signed notice given to the Minister.\n(sec.22-ssec.2) The resignation takes effect when the Minister receives the notice or, if a later day is stated in the notice, the later day.","sortOrder":26},{"sectionNumber":"sec.23","sectionType":"section","heading":"Removal","content":"### sec.23 Removal\n\nThe Governor in Council may remove a commissioner from office on the recommendation of the Minister.\nThe Minister may recommend the commissioner’s removal only if the Minister is satisfied the commissioner—\nhas engaged in—\ninappropriate or improper conduct in an official capacity; or\ninappropriate or improper conduct in a private capacity that reflects seriously and adversely on the office; or\nis incapable of performing the functions of the commissioner because of a physical or mental incapacity or for some other reason; or\nhas neglected, or incompetently performed, the duties of the commissioner.\nThis section does not limit the Acts Interpretation Act 1954 , section 25 .\n(sec.23-ssec.1) The Governor in Council may remove a commissioner from office on the recommendation of the Minister.\n(sec.23-ssec.2) The Minister may recommend the commissioner’s removal only if the Minister is satisfied the commissioner— has engaged in— inappropriate or improper conduct in an official capacity; or inappropriate or improper conduct in a private capacity that reflects seriously and adversely on the office; or is incapable of performing the functions of the commissioner because of a physical or mental incapacity or for some other reason; or has neglected, or incompetently performed, the duties of the commissioner.\n(sec.23-ssec.3) This section does not limit the Acts Interpretation Act 1954 , section 25 .\n- (a) has engaged in— (i) inappropriate or improper conduct in an official capacity; or (ii) inappropriate or improper conduct in a private capacity that reflects seriously and adversely on the office; or\n- (i) inappropriate or improper conduct in an official capacity; or\n- (ii) inappropriate or improper conduct in a private capacity that reflects seriously and adversely on the office; or\n- (b) is incapable of performing the functions of the commissioner because of a physical or mental incapacity or for some other reason; or\n- (c) has neglected, or incompetently performed, the duties of the commissioner.\n- (i) inappropriate or improper conduct in an official capacity; or\n- (ii) inappropriate or improper conduct in a private capacity that reflects seriously and adversely on the office; or","sortOrder":27},{"sectionNumber":"sec.24","sectionType":"section","heading":"Acting commissioner","content":"### sec.24 Acting commissioner\n\nThe Minister may appoint a person to act in the office of a commissioner during—\na vacancy in the office; or\na period when the commissioner is absent from duty or can not, for another reason, perform the functions of the office.\nAn appointment under subsection (1) must be for a period of not longer than 6 months.\nHowever, the Minister may extend the appointment for a further period of not longer than 6 months.\nThis section does not limit the Governor in Council’s power under the Acts Interpretation Act 1954 , section 25 .\n(sec.24-ssec.1) The Minister may appoint a person to act in the office of a commissioner during— a vacancy in the office; or a period when the commissioner is absent from duty or can not, for another reason, perform the functions of the office.\n(sec.24-ssec.2) An appointment under subsection (1) must be for a period of not longer than 6 months.\n(sec.24-ssec.3) However, the Minister may extend the appointment for a further period of not longer than 6 months.\n(sec.24-ssec.4) This section does not limit the Governor in Council’s power under the Acts Interpretation Act 1954 , section 25 .\n- (a) a vacancy in the office; or\n- (b) a period when the commissioner is absent from duty or can not, for another reason, perform the functions of the office.","sortOrder":28},{"sectionNumber":"sec.25","sectionType":"section","heading":"Disclosure of interests","content":"### sec.25 Disclosure of interests\n\nThis section applies to a commissioner if—\nthe commissioner has a direct or indirect financial or personal interest in a matter being considered, or about to be considered, by the board as part of the exercise of the board’s functions; and\nthe interest could conflict with the proper performance of the commissioner’s duties in relation to the matter.\nAs soon as practicable after the relevant facts come to the commissioner’s knowledge, the commissioner must disclose the nature of the interest to the Minister.\nUnless the Minister directs otherwise, the commissioner must not—\nperform the commissioner’s duties in relation to the matter; or\ntake part in a decision of the board on the matter.\nA failure to make a disclosure under this section does not, of itself, invalidate a decision of the board or the commissioner.\n(sec.25-ssec.1) This section applies to a commissioner if— the commissioner has a direct or indirect financial or personal interest in a matter being considered, or about to be considered, by the board as part of the exercise of the board’s functions; and the interest could conflict with the proper performance of the commissioner’s duties in relation to the matter.\n(sec.25-ssec.2) As soon as practicable after the relevant facts come to the commissioner’s knowledge, the commissioner must disclose the nature of the interest to the Minister.\n(sec.25-ssec.3) Unless the Minister directs otherwise, the commissioner must not— perform the commissioner’s duties in relation to the matter; or take part in a decision of the board on the matter.\n(sec.25-ssec.4) A failure to make a disclosure under this section does not, of itself, invalidate a decision of the board or the commissioner.\n- (a) the commissioner has a direct or indirect financial or personal interest in a matter being considered, or about to be considered, by the board as part of the exercise of the board’s functions; and\n- (b) the interest could conflict with the proper performance of the commissioner’s duties in relation to the matter.\n- (a) perform the commissioner’s duties in relation to the matter; or\n- (b) take part in a decision of the board on the matter.","sortOrder":29},{"sectionNumber":"sec.26","sectionType":"section","heading":"Meetings and minutes","content":"### sec.26 Meetings and minutes\n\nThe productivity commissioner may convene meetings of the board as the productivity commissioner considers appropriate.\nThe productivity commissioner is to preside at all board meetings at which the productivity commissioner is present.\nIf the productivity commissioner is absent from a board meeting, another commissioner chosen by the commissioners present at the meeting must preside.\nA board meeting may be held using any technology that reasonably allows commissioners to hear and take part in discussions as they happen.\nA commissioner who takes part in a board meeting under subsection (4) is taken to be present at the meeting.\nThe board must keep minutes of all board meetings.\n(sec.26-ssec.1) The productivity commissioner may convene meetings of the board as the productivity commissioner considers appropriate.\n(sec.26-ssec.2) The productivity commissioner is to preside at all board meetings at which the productivity commissioner is present.\n(sec.26-ssec.3) If the productivity commissioner is absent from a board meeting, another commissioner chosen by the commissioners present at the meeting must preside.\n(sec.26-ssec.4) A board meeting may be held using any technology that reasonably allows commissioners to hear and take part in discussions as they happen.\n(sec.26-ssec.5) A commissioner who takes part in a board meeting under subsection (4) is taken to be present at the meeting.\n(sec.26-ssec.6) The board must keep minutes of all board meetings.","sortOrder":30},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Criminal history","content":"## Criminal history","sortOrder":31},{"sectionNumber":"sec.27","sectionType":"section","heading":"Criminal history report","content":"### sec.27 Criminal history report\n\nTo decide if a person is disqualified from becoming or continuing as a commissioner, the Minister may ask the police commissioner for—\na written report about the criminal history of the person; and\na brief description of the circumstances of a conviction mentioned in the criminal history.\nHowever, the Minister may make the request only if the person has given the Minister written consent for the request.\nThe police commissioner must comply with the request in relation to information in the police commissioner’s possession or to which the police commissioner has access.\nBefore using information obtained under this section, the Minister must—\ndisclose the information to the person; and\nallow the person a reasonable opportunity to make representations to the Minister about the information.\n(sec.27-ssec.1) To decide if a person is disqualified from becoming or continuing as a commissioner, the Minister may ask the police commissioner for— a written report about the criminal history of the person; and a brief description of the circumstances of a conviction mentioned in the criminal history.\n(sec.27-ssec.2) However, the Minister may make the request only if the person has given the Minister written consent for the request.\n(sec.27-ssec.3) The police commissioner must comply with the request in relation to information in the police commissioner’s possession or to which the police commissioner has access.\n(sec.27-ssec.4) Before using information obtained under this section, the Minister must— disclose the information to the person; and allow the person a reasonable opportunity to make representations to the Minister about the information.\n- (a) a written report about the criminal history of the person; and\n- (b) a brief description of the circumstances of a conviction mentioned in the criminal history.\n- (a) disclose the information to the person; and\n- (b) allow the person a reasonable opportunity to make representations to the Minister about the information.","sortOrder":32},{"sectionNumber":"sec.28","sectionType":"section","heading":"Changes in criminal history must be disclosed","content":"### sec.28 Changes in criminal history must be disclosed\n\nThis section applies if a person who is a commissioner is convicted of an indictable offence.\nThe person must, unless the person has a reasonable excuse, immediately give notice of the conviction to the Minister under this section.\nMaximum penalty—100 penalty units.\nThe notice must state—\nthe existence of the conviction; and\nwhen the offence was committed; and\ndetails adequate to identify the offence; and\nthe sentence imposed on the person.\n(sec.28-ssec.1) This section applies if a person who is a commissioner is convicted of an indictable offence.\n(sec.28-ssec.2) The person must, unless the person has a reasonable excuse, immediately give notice of the conviction to the Minister under this section. Maximum penalty—100 penalty units.\n(sec.28-ssec.3) The notice must state— the existence of the conviction; and when the offence was committed; and details adequate to identify the offence; and the sentence imposed on the person.\n- (a) the existence of the conviction; and\n- (b) when the offence was committed; and\n- (c) details adequate to identify the offence; and\n- (d) the sentence imposed on the person.","sortOrder":33},{"sectionNumber":"sec.29","sectionType":"section","heading":"Confidentiality of criminal history information","content":"### sec.29 Confidentiality of criminal history information\n\nThis section applies to a person who possesses criminal history information because the person is or has been a commissioner or another person involved in administering this Act, including, for example, a public service employee.\nThe person must not use or, directly or indirectly, disclose to another person the criminal history information unless the use or disclosure is permitted under subsection (3) .\nMaximum penalty—100 penalty units.\nThe person may use or disclose to another person the criminal history information if the use or disclosure is—\nin the performance of a function or exercise of a power under this Act; or\notherwise required or permitted by law; or\nwith the consent of the person to whom the criminal history information relates.\nA person who possesses a report given to the Minister under section 27 or a notice given to the Minister under section 28 must ensure the report or notice is destroyed as soon as practicable after it is no longer needed for the purpose for which it was given.\nIn this section—\ncriminal history information means information contained in—\na report given to the Minister under section 27 ; or\na notice given to the Minister under section 28 .\ndisclose includes give access to.\n(sec.29-ssec.1) This section applies to a person who possesses criminal history information because the person is or has been a commissioner or another person involved in administering this Act, including, for example, a public service employee.\n(sec.29-ssec.2) The person must not use or, directly or indirectly, disclose to another person the criminal history information unless the use or disclosure is permitted under subsection (3) . Maximum penalty—100 penalty units.\n(sec.29-ssec.3) The person may use or disclose to another person the criminal history information if the use or disclosure is— in the performance of a function or exercise of a power under this Act; or otherwise required or permitted by law; or with the consent of the person to whom the criminal history information relates.\n(sec.29-ssec.4) A person who possesses a report given to the Minister under section 27 or a notice given to the Minister under section 28 must ensure the report or notice is destroyed as soon as practicable after it is no longer needed for the purpose for which it was given.\n(sec.29-ssec.5) In this section— criminal history information means information contained in— a report given to the Minister under section 27 ; or a notice given to the Minister under section 28 . disclose includes give access to.\n- (a) in the performance of a function or exercise of a power under this Act; or\n- (b) otherwise required or permitted by law; or\n- (c) with the consent of the person to whom the criminal history information relates.\n- (a) a report given to the Minister under section 27 ; or\n- (b) a notice given to the Minister under section 28 .","sortOrder":34},{"sectionNumber":"pt.2-div.5","sectionType":"division","heading":"Staff","content":"## Staff","sortOrder":35},{"sectionNumber":"sec.30","sectionType":"section","heading":"Staff of commission","content":"### sec.30 Staff of commission\n\nThe commission may employ the staff it considers appropriate to perform its functions.\nStaff are to be employed under this Act and not the Public Sector Act 2022 .\nA staff member is not subject to direction by any person, other than a commissioner or a person authorised by a commissioner, about the way in which the commission’s functions are to be performed.\n(sec.30-ssec.1) The commission may employ the staff it considers appropriate to perform its functions.\n(sec.30-ssec.2) Staff are to be employed under this Act and not the Public Sector Act 2022 .\n(sec.30-ssec.3) A staff member is not subject to direction by any person, other than a commissioner or a person authorised by a commissioner, about the way in which the commission’s functions are to be performed.","sortOrder":36},{"sectionNumber":"pt.2-div.6","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":37},{"sectionNumber":"sec.31","sectionType":"section","heading":"Committees","content":"### sec.31 Committees\n\nThe commission may establish committees to assist in the performance of the commission’s functions.\nThe commission may decide the membership and functions of a committee it establishes.\nSubject to the directions of the board, a committee may conduct its proceedings, including its meetings, as it considers appropriate.\n(sec.31-ssec.1) The commission may establish committees to assist in the performance of the commission’s functions.\n(sec.31-ssec.2) The commission may decide the membership and functions of a committee it establishes.\n(sec.31-ssec.3) Subject to the directions of the board, a committee may conduct its proceedings, including its meetings, as it considers appropriate.","sortOrder":38},{"sectionNumber":"pt.3","sectionType":"part","heading":"Inquiries, research and administration of regulatory matters under a direction","content":"# Inquiries, research and administration of regulatory matters under a direction","sortOrder":39},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":40},{"sectionNumber":"sec.32","sectionType":"section","heading":"Application of part","content":"### sec.32 Application of part\n\nThis part applies if a direction is given by the Minister under section 38 to the commission—\nto undertake an inquiry into a stated economic or social issue, regulatory matter or legislation; or\nto undertake research into, and give advice about, stated economic or social issues, regulatory matters or legislation; or\nto administer, monitor or review a stated regulatory matter.\n- (a) to undertake an inquiry into a stated economic or social issue, regulatory matter or legislation; or\n- (b) to undertake research into, and give advice about, stated economic or social issues, regulatory matters or legislation; or\n- (c) to administer, monitor or review a stated regulatory matter.","sortOrder":41},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Inquiries and research","content":"## Inquiries and research","sortOrder":42},{"sectionNumber":"sec.33","sectionType":"section","heading":"Public consultation required for inquiry","content":"### sec.33 Public consultation required for inquiry\n\nIf the direction is a direction mentioned in section 32 (a) , the commission must undertake public consultation in relation to the inquiry.\nThis section is subject to any requirements about the type of public consultation required under the direction.\n(sec.33-ssec.1) If the direction is a direction mentioned in section 32 (a) , the commission must undertake public consultation in relation to the inquiry.\n(sec.33-ssec.2) This section is subject to any requirements about the type of public consultation required under the direction.","sortOrder":43},{"sectionNumber":"sec.34","sectionType":"section","heading":"Minister’s response to and public availability of report for inquiry","content":"### sec.34 Minister’s response to and public availability of report for inquiry\n\nThis section applies if the commission gives the Minister a report about an inquiry undertaken by the commission.\nThe Minister must give the commission a written response to the report within 3 months after receiving the report.\nAs soon as practicable after receiving the Minister’s response, the commission must publish the report on the commission’s website.\n(sec.34-ssec.1) This section applies if the commission gives the Minister a report about an inquiry undertaken by the commission.\n(sec.34-ssec.2) The Minister must give the commission a written response to the report within 3 months after receiving the report.\n(sec.34-ssec.3) As soon as practicable after receiving the Minister’s response, the commission must publish the report on the commission’s website.","sortOrder":44},{"sectionNumber":"sec.35","sectionType":"section","heading":"Power to require information for inquiries and research","content":"### sec.35 Power to require information for inquiries and research\n\nThis section applies if the direction is a direction mentioned in section 32 (a) or (b) .\nThe commission may, by notice given to a relevant entity, require the entity—\nto give the commission a copy of related information on or before a stated reasonable day; or\nto make related information available for inspection by the commission at a stated reasonable time and place.\nThe relevant entity must comply with the notice.\nHowever, the relevant entity may refuse to comply with the notice to the extent—\nthe related information is subject to legal professional privilege, parliamentary privilege or public interest immunity; or\ncomplying with the notice is prohibited under an Act; or\ncomplying with the notice could reasonably be expected to prejudice the investigation of a contravention, or possible contravention, of a law.\nThe relevant entity is not liable for a breach of a contract, confidence or duty for giving the commission a copy of the related information, or making the related information available for inspection by the commission, as required by the notice.\nIn this section—\ngovernment agency —\nmeans—\na department; or\nan agency, authority, commission, corporation, instrumentality, office, or other entity, established under an Act or under State authorisation for a public or State purpose; or\na part of an entity mentioned in subparagraph (ii) ; or\na corporation incorporated under the Corporations Act all the stocks or shares in the capital of which are ultimately or beneficially owned by the State or an entity mentioned in any of subparagraphs (i) to (iii) ; but\ndoes not include a local government.\nlocal government company means—\na corporation owned by a local government; or\na subsidiary of a corporation owned by a local government under the Corporations Act , section 9 .\nrelated information , for a relevant entity, means a document or other information that—\nis in the possession or under the control of the entity; and\nrelates to the entity or a business carried out by the entity; and\nis relevant to the matter the subject of the direction mentioned in section 32 (a) or (b) .\nrelevant entity means—\na government agency; or\na local government; or\na local government company.\n(sec.35-ssec.1) This section applies if the direction is a direction mentioned in section 32 (a) or (b) .\n(sec.35-ssec.2) The commission may, by notice given to a relevant entity, require the entity— to give the commission a copy of related information on or before a stated reasonable day; or to make related information available for inspection by the commission at a stated reasonable time and place.\n(sec.35-ssec.3) The relevant entity must comply with the notice.\n(sec.35-ssec.4) However, the relevant entity may refuse to comply with the notice to the extent— the related information is subject to legal professional privilege, parliamentary privilege or public interest immunity; or complying with the notice is prohibited under an Act; or complying with the notice could reasonably be expected to prejudice the investigation of a contravention, or possible contravention, of a law.\n(sec.35-ssec.5) The relevant entity is not liable for a breach of a contract, confidence or duty for giving the commission a copy of the related information, or making the related information available for inspection by the commission, as required by the notice.\n(sec.35-ssec.6) In this section— government agency — means— a department; or an agency, authority, commission, corporation, instrumentality, office, or other entity, established under an Act or under State authorisation for a public or State purpose; or a part of an entity mentioned in subparagraph (ii) ; or a corporation incorporated under the Corporations Act all the stocks or shares in the capital of which are ultimately or beneficially owned by the State or an entity mentioned in any of subparagraphs (i) to (iii) ; but does not include a local government. local government company means— a corporation owned by a local government; or a subsidiary of a corporation owned by a local government under the Corporations Act , section 9 . related information , for a relevant entity, means a document or other information that— is in the possession or under the control of the entity; and relates to the entity or a business carried out by the entity; and is relevant to the matter the subject of the direction mentioned in section 32 (a) or (b) . relevant entity means— a government agency; or a local government; or a local government company.\n- (a) to give the commission a copy of related information on or before a stated reasonable day; or\n- (b) to make related information available for inspection by the commission at a stated reasonable time and place.\n- (a) the related information is subject to legal professional privilege, parliamentary privilege or public interest immunity; or\n- (b) complying with the notice is prohibited under an Act; or\n- (c) complying with the notice could reasonably be expected to prejudice the investigation of a contravention, or possible contravention, of a law.\n- (a) means— (i) a department; or (ii) an agency, authority, commission, corporation, instrumentality, office, or other entity, established under an Act or under State authorisation for a public or State purpose; or (iii) a part of an entity mentioned in subparagraph (ii) ; or (iv) a corporation incorporated under the Corporations Act all the stocks or shares in the capital of which are ultimately or beneficially owned by the State or an entity mentioned in any of subparagraphs (i) to (iii) ; but\n- (i) a department; or\n- (ii) an agency, authority, commission, corporation, instrumentality, office, or other entity, established under an Act or under State authorisation for a public or State purpose; or\n- (iii) a part of an entity mentioned in subparagraph (ii) ; or\n- (iv) a corporation incorporated under the Corporations Act all the stocks or shares in the capital of which are ultimately or beneficially owned by the State or an entity mentioned in any of subparagraphs (i) to (iii) ; but\n- (b) does not include a local government.\n- (i) a department; or\n- (ii) an agency, authority, commission, corporation, instrumentality, office, or other entity, established under an Act or under State authorisation for a public or State purpose; or\n- (iii) a part of an entity mentioned in subparagraph (ii) ; or\n- (iv) a corporation incorporated under the Corporations Act all the stocks or shares in the capital of which are ultimately or beneficially owned by the State or an entity mentioned in any of subparagraphs (i) to (iii) ; but\n- (a) a corporation owned by a local government; or\n- (b) a subsidiary of a corporation owned by a local government under the Corporations Act , section 9 .\n- (a) is in the possession or under the control of the entity; and\n- (b) relates to the entity or a business carried out by the entity; and\n- (c) is relevant to the matter the subject of the direction mentioned in section 32 (a) or (b) .\n- (a) a government agency; or\n- (b) a local government; or\n- (c) a local government company.","sortOrder":45},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Regulatory matters","content":"## Regulatory matters","sortOrder":46},{"sectionNumber":"sec.36","sectionType":"section","heading":"Publication of particular matters","content":"### sec.36 Publication of particular matters\n\nIf the direction is a direction mentioned in section 32 (c) , the commission must publish on the commission’s website any guidelines, procedures or other documents developed in relation to the regulatory matter.","sortOrder":47},{"sectionNumber":"pt.4","sectionType":"part","heading":"Research conducted on commission’s own initiative","content":"# Research conducted on commission’s own initiative","sortOrder":48},{"sectionNumber":"sec.37","sectionType":"section","heading":"Undertaking research on commission’s initiative","content":"### sec.37 Undertaking research on commission’s initiative\n\nThe commission may, on its own initiative, undertake research into a matter relating to economic and social issues, regulatory matters or legislation.\nSubsection (3) applies if the commission intends to publish the results of the research (the proposed research ).\nBefore undertaking the proposed research, the commission must give the Minister notice of its decision (a research proposal ) to undertake the proposed research.\nA research proposal must include sufficient information about the proposed research to enable the Minister to decide whether the proposed research is—\nrelevant to economic or social issues, regulatory matters or legislation; and\nsuitable to be undertaken by the commission.\nAfter receiving the research proposal, the Minister must—\nconsider the proposed research; and\ndecide whether to approve or refuse the commission undertaking the proposed research.\nIn deciding whether to approve the proposed research, the Minister may amend the research proposal.\nThe Minister must give the commission notice of the Minister’s decision.\nIf the Minister approves the proposed research, or amended proposed research, the commission may—\nundertake the research and prepare a report on the research; and\npublish the report on the commission’s website.\nAlso, the commission must give the chief executive a copy of the report at least 10 business days before the commission publishes the report.\nThe commission must not publish any research undertaken on its own initiative unless the research has been approved by the Minister under this section.\n(sec.37-ssec.1) The commission may, on its own initiative, undertake research into a matter relating to economic and social issues, regulatory matters or legislation.\n(sec.37-ssec.2) Subsection (3) applies if the commission intends to publish the results of the research (the proposed research ).\n(sec.37-ssec.3) Before undertaking the proposed research, the commission must give the Minister notice of its decision (a research proposal ) to undertake the proposed research.\n(sec.37-ssec.4) A research proposal must include sufficient information about the proposed research to enable the Minister to decide whether the proposed research is— relevant to economic or social issues, regulatory matters or legislation; and suitable to be undertaken by the commission.\n(sec.37-ssec.5) After receiving the research proposal, the Minister must— consider the proposed research; and decide whether to approve or refuse the commission undertaking the proposed research.\n(sec.37-ssec.6) In deciding whether to approve the proposed research, the Minister may amend the research proposal.\n(sec.37-ssec.7) The Minister must give the commission notice of the Minister’s decision.\n(sec.37-ssec.8) If the Minister approves the proposed research, or amended proposed research, the commission may— undertake the research and prepare a report on the research; and publish the report on the commission’s website.\n(sec.37-ssec.9) Also, the commission must give the chief executive a copy of the report at least 10 business days before the commission publishes the report.\n(sec.37-ssec.10) The commission must not publish any research undertaken on its own initiative unless the research has been approved by the Minister under this section.\n- (a) relevant to economic or social issues, regulatory matters or legislation; and\n- (b) suitable to be undertaken by the commission.\n- (a) consider the proposed research; and\n- (b) decide whether to approve or refuse the commission undertaking the proposed research.\n- (a) undertake the research and prepare a report on the research; and\n- (b) publish the report on the commission’s website.","sortOrder":49},{"sectionNumber":"pt.5","sectionType":"part","heading":"Miscellaneous provisions","content":"# Miscellaneous provisions","sortOrder":50},{"sectionNumber":"sec.38","sectionType":"section","heading":"Ministerial directions","content":"### sec.38 Ministerial directions\n\nThe Minister may give the commission a written direction about the performance of its functions or the exercise of its powers if the Minister is satisfied it is reasonably necessary to give the direction.\nWithout limiting subsection (1) , the Minister may give the commission a direction under that subsection—\nto give the Minister, or publish, stated reports, advice or information within a stated period; or\nto have regard to particular matters in complying with the direction; or\nto undertake a particular type of public consultation in undertaking a stated inquiry.\nThe direction can not be about the content of any advice or recommendation given by the commission.\nIf a direction is given under subsection (1) , the commission must—\ncomply with the direction; and\npublish a copy of the direction on the commission’s website.\n(sec.38-ssec.1) The Minister may give the commission a written direction about the performance of its functions or the exercise of its powers if the Minister is satisfied it is reasonably necessary to give the direction.\n(sec.38-ssec.2) Without limiting subsection (1) , the Minister may give the commission a direction under that subsection— to give the Minister, or publish, stated reports, advice or information within a stated period; or to have regard to particular matters in complying with the direction; or to undertake a particular type of public consultation in undertaking a stated inquiry.\n(sec.38-ssec.3) The direction can not be about the content of any advice or recommendation given by the commission.\n(sec.38-ssec.4) If a direction is given under subsection (1) , the commission must— comply with the direction; and publish a copy of the direction on the commission’s website.\n- (a) to give the Minister, or publish, stated reports, advice or information within a stated period; or\n- (b) to have regard to particular matters in complying with the direction; or\n- (c) to undertake a particular type of public consultation in undertaking a stated inquiry.\n- (a) comply with the direction; and\n- (b) publish a copy of the direction on the commission’s website.","sortOrder":51},{"sectionNumber":"sec.39","sectionType":"section","heading":"Use or disclosure of confidential information","content":"### sec.39 Use or disclosure of confidential information\n\nThis section applies to a person who—\nis or has been—\nthe Minister; or\na commissioner; or\na member of staff or a contractor of the commission; or\nany other person performing functions under or relating to the administration of this Act, including, for example, a public service employee; and\nin that capacity, has acquired or has access to confidential information about another person.\nThe person must not disclose the confidential information to anyone else, or use the information, other than under this section.\nMaximum penalty—100 penalty units.\nThe person may disclose or use the confidential information—\nto the extent the disclosure or use is—\nnecessary to perform the person’s functions under or relating to this Act; or\notherwise required or permitted under this Act or another law; or\nwith the consent of the person to whom the information relates; or\nto the extent the disclosure or use—\ndoes not identify the person to whom the information relates; and\ndoes not allow the identity of the person to be reasonably ascertained; or\nin compliance with a lawful process requiring production of documents to, or giving evidence before, a court or tribunal.\nIn this section—\ndisclose includes give access to.\ninformation includes a document.\n(sec.39-ssec.1) This section applies to a person who— is or has been— the Minister; or a commissioner; or a member of staff or a contractor of the commission; or any other person performing functions under or relating to the administration of this Act, including, for example, a public service employee; and in that capacity, has acquired or has access to confidential information about another person.\n(sec.39-ssec.2) The person must not disclose the confidential information to anyone else, or use the information, other than under this section. Maximum penalty—100 penalty units.\n(sec.39-ssec.3) The person may disclose or use the confidential information— to the extent the disclosure or use is— necessary to perform the person’s functions under or relating to this Act; or otherwise required or permitted under this Act or another law; or with the consent of the person to whom the information relates; or to the extent the disclosure or use— does not identify the person to whom the information relates; and does not allow the identity of the person to be reasonably ascertained; or in compliance with a lawful process requiring production of documents to, or giving evidence before, a court or tribunal.\n(sec.39-ssec.4) In this section— disclose includes give access to. information includes a document.\n- (a) is or has been— (i) the Minister; or (ii) a commissioner; or (iii) a member of staff or a contractor of the commission; or (iv) any other person performing functions under or relating to the administration of this Act, including, for example, a public service employee; and\n- (i) the Minister; or\n- (ii) a commissioner; or\n- (iii) a member of staff or a contractor of the commission; or\n- (iv) any other person performing functions under or relating to the administration of this Act, including, for example, a public service employee; and\n- (b) in that capacity, has acquired or has access to confidential information about another person.\n- (i) the Minister; or\n- (ii) a commissioner; or\n- (iii) a member of staff or a contractor of the commission; or\n- (iv) any other person performing functions under or relating to the administration of this Act, including, for example, a public service employee; and\n- (a) to the extent the disclosure or use is— (i) necessary to perform the person’s functions under or relating to this Act; or (ii) otherwise required or permitted under this Act or another law; or\n- (i) necessary to perform the person’s functions under or relating to this Act; or\n- (ii) otherwise required or permitted under this Act or another law; or\n- (b) with the consent of the person to whom the information relates; or\n- (c) to the extent the disclosure or use— (i) does not identify the person to whom the information relates; and (ii) does not allow the identity of the person to be reasonably ascertained; or\n- (i) does not identify the person to whom the information relates; and\n- (ii) does not allow the identity of the person to be reasonably ascertained; or\n- (d) in compliance with a lawful process requiring production of documents to, or giving evidence before, a court or tribunal.\n- (i) necessary to perform the person’s functions under or relating to this Act; or\n- (ii) otherwise required or permitted under this Act or another law; or\n- (i) does not identify the person to whom the information relates; and\n- (ii) does not allow the identity of the person to be reasonably ascertained; or","sortOrder":52},{"sectionNumber":"sec.40","sectionType":"section","heading":"Annual report","content":"### sec.40 Annual report\n\nThis section applies to an annual report the commission is required to prepare and give the Minister under the Financial Accountability Act 2009 , section 63 .\nThe annual report must include—\ndetails of the functions performed by the commission during the year; and\ninformation about how efficiently and effectively the commission performed the commission’s functions, including, for example, identifying key achievements and financial and non-financial performance; and\ndetails of any direction given under section 38 during the year.\nThe board must approve the report before it is given to the Minister.\nThe report must not disclose confidential information without the consent of the person to whom the information relates.\n(sec.40-ssec.1) This section applies to an annual report the commission is required to prepare and give the Minister under the Financial Accountability Act 2009 , section 63 .\n(sec.40-ssec.2) The annual report must include— details of the functions performed by the commission during the year; and information about how efficiently and effectively the commission performed the commission’s functions, including, for example, identifying key achievements and financial and non-financial performance; and details of any direction given under section 38 during the year.\n(sec.40-ssec.3) The board must approve the report before it is given to the Minister.\n(sec.40-ssec.4) The report must not disclose confidential information without the consent of the person to whom the information relates.\n- (a) details of the functions performed by the commission during the year; and\n- (b) information about how efficiently and effectively the commission performed the commission’s functions, including, for example, identifying key achievements and financial and non-financial performance; and\n- (c) details of any direction given under section 38 during the year.","sortOrder":53},{"sectionNumber":"sec.41","sectionType":"section","heading":"Other reporting requirements","content":"### sec.41 Other reporting requirements\n\nThe commission must, if requested by the Minister—\nkeep the Minister reasonably informed about the functions performed and powers exercised by the commission; and\ncomply with a reasonable request by the Minister to give the Minister stated information at a stated time about the functions performed or powers exercised by the commission.\n- (a) keep the Minister reasonably informed about the functions performed and powers exercised by the commission; and\n- (b) comply with a reasonable request by the Minister to give the Minister stated information at a stated time about the functions performed or powers exercised by the commission.","sortOrder":54},{"sectionNumber":"sec.42","sectionType":"section","heading":"Delegations","content":"### sec.42 Delegations\n\nThe board may delegate any of its functions to—\na commissioner; or\nan appropriately qualified member of the commission’s staff.\nIn this section—\nfunction includes power.\n(sec.42-ssec.1) The board may delegate any of its functions to— a commissioner; or an appropriately qualified member of the commission’s staff.\n(sec.42-ssec.2) In this section— function includes power.\n- (a) a commissioner; or\n- (b) an appropriately qualified member of the commission’s staff.","sortOrder":55},{"sectionNumber":"sec.43","sectionType":"section","heading":"Protection from liability","content":"### sec.43 Protection from liability\n\nAn official does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (1) prevents a civil liability attaching to the official, the liability instead attaches to the State.\nThis section does not apply to an official if the official is a prescribed person within the meaning of the Public Sector Act 2022 , section 267 .\nFor protection from civil liability in relation to prescribed persons, see the Public Sector Act 2022 , section 269 .\nIn this section—\nofficial means—\nthe Minister; or\na commissioner; or\na member of the commission’s staff.\n(sec.43-ssec.1) An official does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.\n(sec.43-ssec.2) If subsection (1) prevents a civil liability attaching to the official, the liability instead attaches to the State.\n(sec.43-ssec.3) This section does not apply to an official if the official is a prescribed person within the meaning of the Public Sector Act 2022 , section 267 . For protection from civil liability in relation to prescribed persons, see the Public Sector Act 2022 , section 269 .\n(sec.43-ssec.4) In this section— official means— the Minister; or a commissioner; or a member of the commission’s staff.\n- (a) the Minister; or\n- (b) a commissioner; or\n- (c) a member of the commission’s staff.","sortOrder":56},{"sectionNumber":"sec.44","sectionType":"section","heading":"Approved forms","content":"### sec.44 Approved forms\n\nThe commission may approve forms for use under this Act.","sortOrder":57},{"sectionNumber":"sec.45","sectionType":"section","heading":"Regulation-making power","content":"### sec.45 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.","sortOrder":58},{"sectionNumber":"pt.6","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":59},{"sectionNumber":"sec.46","sectionType":"section","heading":"Definition for part","content":"### sec.46 Definition for part\n\nIn this part—\ntransferring employee see section 47(1).","sortOrder":60},{"sectionNumber":"sec.47","sectionType":"section","heading":"Transfer of employees","content":"### sec.47 Transfer of employees\n\nThis section applies to a person (a transferring employee ) who, immediately before the commencement, was—\na public service employee employed by the department; and\nmentioned in a register of transferees approved by the chief executive.\nSubject to subsections (3) to (5) and section 48, the transferring employee becomes a member of the commission’s staff as if the person had been employed under section 30.\nTo the extent an industrial instrument applied in relation to the transferring employee immediately before the commencement, the instrument is taken to apply to the commission in place of the department.\nTo the extent a fixed term contract was in effect in relation to the transferring employee immediately before the commencement, nothing in this part affects the operation of the fixed term contract.\nThe transfer of the transferring employee’s employment to the commission does not—\naffect the employee’s benefits, entitlements or remuneration; or\nprejudice the employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or\ninterrupt continuity of service, except that the employee 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 the department or a retrenchment or redundancy; or\nentitle the employee to a payment or other benefit from the State because the employee is no longer employed by the department.\nSubsection (3) stops applying if an industrial instrument is made after the commencement that applies to the transferring employee and the commission.\nIn this section—\nindustrial instrument see the Industrial Relations Act 2016 , schedule 5.\n(sec.47-ssec.1) This section applies to a person (a transferring employee ) who, immediately before the commencement, was— a public service employee employed by the department; and mentioned in a register of transferees approved by the chief executive.\n(sec.47-ssec.2) Subject to subsections (3) to (5) and section 48, the transferring employee becomes a member of the commission’s staff as if the person had been employed under section 30.\n(sec.47-ssec.3) To the extent an industrial instrument applied in relation to the transferring employee immediately before the commencement, the instrument is taken to apply to the commission in place of the department.\n(sec.47-ssec.4) To the extent a fixed term contract was in effect in relation to the transferring employee immediately before the commencement, nothing in this part affects the operation of the fixed term contract.\n(sec.47-ssec.5) The transfer of the transferring employee’s employment to the commission does not— affect the employee’s benefits, entitlements or remuneration; or prejudice the employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or interrupt continuity of service, except that the employee 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 the department or a retrenchment or redundancy; or entitle the employee to a payment or other benefit from the State because the employee is no longer employed by the department.\n(sec.47-ssec.6) Subsection (3) stops applying if an industrial instrument is made after the commencement that applies to the transferring employee and the commission.\n(sec.47-ssec.7) In this section— industrial instrument see the Industrial Relations Act 2016 , schedule 5.\n- (a) a public service employee employed by the department; and\n- (b) mentioned in a register of transferees approved by the chief executive.\n- (a) affect the employee’s benefits, entitlements or remuneration; or\n- (b) prejudice the employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or\n- (c) interrupt continuity of service, except that the employee 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 the department or a retrenchment or redundancy; or\n- (e) entitle the employee to a payment or other benefit from the State because the employee is no longer employed by the department.","sortOrder":61},{"sectionNumber":"sec.48","sectionType":"section","heading":"Application of directives to transferring employees","content":"### sec.48 Application of directives to transferring employees\n\nThis section applies if an existing directive applied to a transferring employee immediately before the commencement.\nThe existing directive continues to apply to the transferring employee until the directive is revoked or replaced by a directive made after the commencement.\nTo the extent a change to the existing directive takes effect after the commencement, the change applies for the purposes of the directive’s application under subsection (2).\nThe Public Sector Act 2022 , sections 228 and 229, apply in relation to the existing directive.\nIn this section—\ndirective see the Public Sector Act 2022 , schedule 2.\nexisting directive means—\na directive; or\na continued directive under the Public Sector Act 2022 , section 307 or 308.\n(sec.48-ssec.1) This section applies if an existing directive applied to a transferring employee immediately before the commencement.\n(sec.48-ssec.2) The existing directive continues to apply to the transferring employee until the directive is revoked or replaced by a directive made after the commencement.\n(sec.48-ssec.3) To the extent a change to the existing directive takes effect after the commencement, the change applies for the purposes of the directive’s application under subsection (2).\n(sec.48-ssec.4) The Public Sector Act 2022 , sections 228 and 229, apply in relation to the existing directive.\n(sec.48-ssec.5) In this section— directive see the Public Sector Act 2022 , schedule 2. existing directive means— a directive; or a continued directive under the Public Sector Act 2022 , section 307 or 308.\n- (a) a directive; or\n- (b) a continued directive under the Public Sector Act 2022 , section 307 or 308.","sortOrder":62},{"sectionNumber":"sec.49","sectionType":"section","heading":"Transfer of particular records to commission","content":"### sec.49 Transfer of particular records to commission\n\nOn the commencement, the chief executive must give each relevant public record to the commission.\nFor subsection (1), a relevant public record is a public record that—\nwas held by the department immediately before the commencement; and\nis any of the following—\na public record related to a transferring employee;\na public record that was, on the abolition of the Queensland Productivity Commission under the repealed Queensland Productivity Commission Act 2015 , transferred to the department;\na public record related to the administration of regulatory best practice policies;\na public record related to any other activity that was, immediately before the commencement, carried out by the administrative unit within the department known as the Office of Productivity and Red Tape Reduction and that relates to a function to be performed by the commission after the commencement;\nany other public record related to a function to be performed by the commission after the commencement.\nThis section does not limit the application of the Public Records Act 2023 in relation to a relevant public record.\nIn this section—\npublic record see the Public Records Act 2023 , section 9.\n(sec.49-ssec.1) On the commencement, the chief executive must give each relevant public record to the commission.\n(sec.49-ssec.2) For subsection (1), a relevant public record is a public record that— was held by the department immediately before the commencement; and is any of the following— a public record related to a transferring employee; a public record that was, on the abolition of the Queensland Productivity Commission under the repealed Queensland Productivity Commission Act 2015 , transferred to the department; a public record related to the administration of regulatory best practice policies; a public record related to any other activity that was, immediately before the commencement, carried out by the administrative unit within the department known as the Office of Productivity and Red Tape Reduction and that relates to a function to be performed by the commission after the commencement; any other public record related to a function to be performed by the commission after the commencement.\n(sec.49-ssec.3) This section does not limit the application of the Public Records Act 2023 in relation to a relevant public record.\n(sec.49-ssec.4) In this section— public record see the Public Records Act 2023 , section 9.\n- (a) was held by the department immediately before the commencement; and\n- (b) is any of the following— (i) a public record related to a transferring employee; (ii) a public record that was, on the abolition of the Queensland Productivity Commission under the repealed Queensland Productivity Commission Act 2015 , transferred to the department; (iii) a public record related to the administration of regulatory best practice policies; (iv) a public record related to any other activity that was, immediately before the commencement, carried out by the administrative unit within the department known as the Office of Productivity and Red Tape Reduction and that relates to a function to be performed by the commission after the commencement; (v) any other public record related to a function to be performed by the commission after the commencement.\n- (i) a public record related to a transferring employee;\n- (ii) a public record that was, on the abolition of the Queensland Productivity Commission under the repealed Queensland Productivity Commission Act 2015 , transferred to the department;\n- (iii) a public record related to the administration of regulatory best practice policies;\n- (iv) a public record related to any other activity that was, immediately before the commencement, carried out by the administrative unit within the department known as the Office of Productivity and Red Tape Reduction and that relates to a function to be performed by the commission after the commencement;\n- (v) any other public record related to a function to be performed by the commission after the commencement.\n- (i) a public record related to a transferring employee;\n- (ii) a public record that was, on the abolition of the Queensland Productivity Commission under the repealed Queensland Productivity Commission Act 2015 , transferred to the department;\n- (iii) a public record related to the administration of regulatory best practice policies;\n- (iv) a public record related to any other activity that was, immediately before the commencement, carried out by the administrative unit within the department known as the Office of Productivity and Red Tape Reduction and that relates to a function to be performed by the commission after the commencement;\n- (v) any other public record related to a function to be performed by the commission after the commencement.","sortOrder":63}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The text establishes the commission and sets its functions: minister-directed inquiries, minister-approved publication of self-initiated research, and administration/monitoring of regulatory matters. The Act contains transitional clauses referencing the abolished 2015 Act, but the provided text alone does not show a clear expansion or contraction of the commission’s statutory scope compared with any prior instrument. No explicit comparative statement about change from prior intent appears in the text."},"complexity_factors":["Ministerial control over work program and directions, including power to require reports, specify consultation and require regard to particular matters (s38)","Ministerial approval required before publication of commission-initiated research and ability to amend proposals (s37) — creates pre-publication executive oversight","Appointment, tenure, removal and disclosure rules for commissioners with thresholds and administrative discretion (ss15–18, 20, 23, 24, 25)","Information-gathering power directed at government agencies, local governments and local government companies with specified exceptions for privilege and law enforcement (s35)","Staff employed under this Act rather than the Public Sector Act 2022, with protection from external directions except from commissioners (s30)","Confidentiality and criminal-history regimes for commissioners and staff, including reporting, use limits and penalties (ss27–29, 39)","Reporting, publication and transparency obligations (publication of directions, ministerial response timelines, website publication of guidelines/reports) (ss34, 36, 38, 40)","Transitional provisions transferring employees, records and directives from a department and referencing the repealed 2015 Act — administrative complexity on commencement (ss46–49)","Standard corporate powers and statutory body treatment plus state immunities and indemnity backstop for officials (ss6, 7, 43)","Delegation and committee arrangements that distribute decision-making within the commission (ss31, 42)"],"plain_english_summary":"This Act creates the Queensland Productivity Commission as a corporate body to carry out inquiries, research and administration of regulatory matters and to give independent advice to the Minister on productivity, growth and living standards. The Minister decides directions, appoints and can remove commissioners, and must approve publication of the commission’s own-initiative research; the State funds the commission and public agencies and some local government entities must supply information on request, subject to legal privilege and other limits."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent to establish a productivity commission. The scope includes standard governance provisions, inquiry powers, and transitional arrangements necessary to establish the body and transfer functions from predecessor entities (the abolished 2015 Commission and the Office of Productivity and Red Tape Reduction). No significant scope creep is evident."},"complexity_factors":["Moderate length (49 sections) with standard statutory body structure","Multiple cross-references to other Queensland Acts (Financial Accountability Act 2009, Statutory Bodies Financial Arrangements Act 1982, Crime and Corruption Act 2001, Public Sector Act 2022, etc.)","Detailed definitions section in Schedule 1 (referenced but not shown in extract)","Nested conditional logic in Part 3 regarding information-gathering powers (exceptions for legal privilege, parliamentary privilege, public interest immunity)","Transitional provisions (Part 6) dealing with employee transfers, industrial instruments, and record transfers from abolished entities","Multiple layers of appointment/authority: Governor in Council acts on Minister's recommendation for appointments, but Minister has direct powers for acting appointments and directions","Specific procedural requirements for criminal history checks and confidentiality with penalty provisions (100 penalty units)"],"plain_english_summary":"This Act creates a new independent body called the **Queensland Productivity Commission** to advise the government on how to boost productivity, grow the economy, and improve living standards in Queensland.\n\n**What the Commission does:**\n- **Conducts inquiries** into economic and social issues, regulations, or laws when directed by the Minister\n- **Does research** on these topics—either when asked by the Minister or on its own initiative (with Minister approval)\n- **Administers and monitors** regulatory matters when directed\n- **Gives independent advice** to the Minister\n\n**How it's run:**\n- Governed by a **Board** of 1–4 commissioners appointed by the Governor in Council (on the Minister's recommendation)\n- One commissioner is designated the **Productivity Commissioner** who manages day-to-day operations\n- Commissioners serve up to 3 years and can be reappointed\n- The Commission employs its own staff (separate from the regular public service)\n\n**Key safeguards:**\n- Commissioners must disclose conflicts of interest\n- Strict rules protect confidential information and criminal history records\n- Commissioners can be removed for misconduct, incapacity, or poor performance\n- The Minister can give directions about what the Commission should study, but **cannot** dictate the content of its advice\n\n**Who it affects:**\n- **Government agencies** and **local councils** may be required to hand over information for inquiries\n- **Businesses and the public** can participate in consultations during inquiries\n- **Public servants** may transfer to work for the new Commission with preserved employment conditions\n\n**Why it matters:**\nThis replaces the previous Queensland Productivity Commission (abolished in 2015) and the Office of Productivity and Red Tape Reduction. It gives Queensland a dedicated, independent body to scrutinise regulations and recommend improvements—similar to the federal Productivity Commission—aiming to cut red tape and boost the state's economic performance."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The stated purpose is to establish an independent advisory body with the ability to conduct its own research. However, the actual scope is materially narrower in practice: the Commission cannot publish self-initiated research without Ministerial approval, most substantive work requires Ministerial direction, and the Minister can direct how (though not what) the Commission concludes. The independence framing in the purpose clause is qualified significantly by the operational provisions, representing a meaningful drift from the 'independent' advisory body concept toward a more controlled government advisory function."},"complexity_factors":["Cross-references to multiple other Queensland Acts (Financial Accountability Act 2009, Statutory Bodies Financial Arrangements Act 1982, Crime and Corruption Act 2001, Public Sector Act 2022, Industrial Relations Act 2016, Public Records Act 2023)","Dual governance structure with both a board and a productivity commissioner role creating layered accountability","Tension between Commission 'independence' and extensive Ministerial direction/approval powers requiring careful reading","Transitional provisions for employee transfer including interaction with industrial instruments and existing directives","Nested definitional structure for 'relevant entities' and 'government agency' with multiple sub-categories","Criminal history provisions with separate consent, disclosure, confidentiality, and destruction obligations","Distinctions between directed inquiries, directed research, self-initiated research, and regulatory administration create different procedural obligations for each pathway"],"plain_english_summary":"The Act re-establishes the Queensland Productivity Commission as a standalone independent advisory body to research and advise on economic, social and regulatory issues, and to run minister‑directed inquiries. Commissioners (including a Productivity Commissioner) and staff run the body, which can compel government agencies and councils to provide information. The Minister controls most work and must approve publications, so the Commission’s influence depends on ministerial directions; its findings may lead to regulatory reforms affecting businesses, agencies, public servants and taxpayers."}},"importantCases":[],"_links":{"self":"/api/acts/queensland-productivity-commission-act-2025","history":"/api/acts/queensland-productivity-commission-act-2025/history","analysis":"/api/acts/queensland-productivity-commission-act-2025/analysis","conflicts":"/api/acts/queensland-productivity-commission-act-2025/conflicts","importantCases":"/api/acts/queensland-productivity-commission-act-2025/important-cases","documents":"/api/acts/queensland-productivity-commission-act-2025/documents"}}