{"id":"qld:act-2020-010","name":"Resources Safety and Health Queensland Act 2020","slug":"resources-safety-and-health-queensland-act-2020","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"10 of 2020","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29581,"registerId":"qld-act-2020-010-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 Resources Safety and Health Queensland Act 2020 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act, other than sections 120 and 122 , commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 1 defines particular words used in this Act.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Main purposes","content":"### sec.4 Main purposes\n\nThe main purposes of this Act are—\nto establish an independent statutory body called Resources Safety and Health Queensland to regulate safety and health in the resources sector; and\nto establish the Resources Safety and Health Queensland employing office; and\nto provide for the Commissioner for Resources Safety and Health.\n- (a) to establish an independent statutory body called Resources Safety and Health Queensland to regulate safety and health in the resources sector; and\n- (b) to establish the Resources Safety and Health Queensland employing office; and\n- (c) to provide for the Commissioner for Resources Safety and Health.","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"Resources Safety and Health Queensland","content":"# Resources Safety and Health Queensland","sortOrder":5},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Establishment","content":"## Establishment","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Establishment of RSHQ","content":"### sec.5 Establishment of RSHQ\n\nResources Safety and Health Queensland ( RSHQ ) is established.","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Legal status","content":"### sec.6 Legal status\n\nRSHQ—\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":"Membership","content":"### sec.7 Membership\n\nRSHQ consists of—\nthe CEO; and\nthe organisational unit under the control of the CEO.\n- (a) the CEO; and\n- (b) the organisational unit under the control of the CEO.","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"RSHQ represents the State","content":"### sec.8 RSHQ represents the State\n\nRSHQ represents the State.\nWithout limiting subsection (1) , RSHQ has the privileges and immunities of the State.\n(sec.8-ssec.1) RSHQ represents the State.\n(sec.8-ssec.2) Without limiting subsection (1) , RSHQ has the privileges and immunities of the State.","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Application of other Acts","content":"### sec.9 Application of other Acts\n\nRSHQ is—\na unit of public administration under the Crime and Corruption Act 2001 ; and\na statutory body under—\nthe Financial Accountability Act 2009 ; and\nthe Statutory Bodies Financial Arrangements Act 1982 .\nThe Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way that Act affects RSHQ’s powers.\n(sec.9-ssec.1) RSHQ is— a unit of public administration under the Crime and Corruption Act 2001 ; and a statutory body under— the Financial Accountability Act 2009 ; and the Statutory Bodies Financial Arrangements Act 1982 .\n(sec.9-ssec.2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way that Act affects RSHQ’s powers.\n- (a) a unit of public administration under the Crime and Corruption Act 2001 ; and\n- (b) a statutory body under— (i) the Financial Accountability Act 2009 ; and (ii) the Statutory Bodies Financial Arrangements Act 1982 .\n- (i) the Financial Accountability Act 2009 ; and\n- (ii) the Statutory Bodies Financial Arrangements Act 1982 .\n- (i) the Financial Accountability Act 2009 ; and\n- (ii) the Statutory Bodies Financial Arrangements Act 1982 .","sortOrder":11},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Functions and powers","content":"## Functions and powers","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Functions","content":"### sec.10 Functions\n\nThe main function of RSHQ is to administer the Resources Safety Acts and to further their purposes.\nWithout limiting subsection (1) , RSHQ has the following functions—\nprotecting the safety and health of persons in the resources industry;\nregulating safety and health in the resources industry;\nmonitoring compliance with, and the effectiveness of, the Resources Safety Acts;\ncarrying out commercial activities incidental to RSHQ’s main function.\nRSHQ also has the functions given to it under this Act or another Act.\n(sec.10-ssec.1) The main function of RSHQ is to administer the Resources Safety Acts and to further their purposes.\n(sec.10-ssec.2) Without limiting subsection (1) , RSHQ has the following functions— protecting the safety and health of persons in the resources industry; regulating safety and health in the resources industry; monitoring compliance with, and the effectiveness of, the Resources Safety Acts; carrying out commercial activities incidental to RSHQ’s main function.\n(sec.10-ssec.3) RSHQ also has the functions given to it under this Act or another Act.\n- (a) protecting the safety and health of persons in the resources industry;\n- (b) regulating safety and health in the resources industry;\n- (c) monitoring compliance with, and the effectiveness of, the Resources Safety Acts;\n- (d) carrying out commercial activities incidental to RSHQ’s main function.","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Powers","content":"### sec.11 Powers\n\nRSHQ has all the powers of an individual and may, for example—\nenter into contracts or agreements; and\ndeal in land or other property; and\nappoint agents and attorneys; and\nengage consultants or contractors; and\nestablish funds and accounts with any financial institution in Australia; and\ncharge an entity a fee for services or facilities it supplies; and\ndo anything else necessary or convenient to be done in the performance of RSHQ’s functions.\nRSHQ also has the powers given to it under this Act or another Act.\n(sec.11-ssec.1) RSHQ has all the powers of an individual and may, for example— enter into contracts or agreements; and deal in land or other property; and appoint agents and attorneys; and engage consultants or contractors; and establish funds and accounts with any financial institution in Australia; and charge an entity a fee for services or facilities it supplies; and do anything else necessary or convenient to be done in the performance of RSHQ’s functions.\n(sec.11-ssec.2) RSHQ also has the powers given to it under this Act or another Act.\n- (a) enter into contracts or agreements; and\n- (b) deal in land or other property; and\n- (c) appoint agents and attorneys; and\n- (d) engage consultants or contractors; and\n- (e) establish funds and accounts with any financial institution in Australia; and\n- (f) charge an entity a fee for services or facilities it supplies; and\n- (g) do anything else necessary or convenient to be done in the performance of RSHQ’s functions.","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"Performing functions and exercising powers inside and outside Queensland","content":"### sec.12 Performing functions and exercising powers inside and outside Queensland\n\nRSHQ may perform its functions, or exercise its powers, inside or outside Queensland.","sortOrder":15},{"sectionNumber":"sec.13","sectionType":"section","heading":"Ministerial direction","content":"### sec.13 Ministerial direction\n\nThe Minister may give a written direction to RSHQ about the performance of RSHQ’s functions under this Act or the exercise of RSHQ’s powers under this Act if the Minister is satisfied it is necessary to give the direction in the public interest.\nWithout limiting subsection (1) , the direction may be to give reports and information to the Minister.\nRSHQ must—\ncomply with a direction given under subsection (1) ; and\npublish a copy of the direction on a Queensland Government website.\nTo remove any doubt, it is declared that a direction under subsection (1) must not be about the performance of RSHQ’s functions under a Resources Safety Act or the exercise of RSHQ’s powers under a Resources Safety Act.\n(sec.13-ssec.1) The Minister may give a written direction to RSHQ about the performance of RSHQ’s functions under this Act or the exercise of RSHQ’s powers under this Act if the Minister is satisfied it is necessary to give the direction in the public interest.\n(sec.13-ssec.2) Without limiting subsection (1) , the direction may be to give reports and information to the Minister.\n(sec.13-ssec.3) RSHQ must— comply with a direction given under subsection (1) ; and publish a copy of the direction on a Queensland Government website.\n(sec.13-ssec.4) To remove any doubt, it is declared that a direction under subsection (1) must not be about the performance of RSHQ’s functions under a Resources Safety Act or the exercise of RSHQ’s powers under a Resources Safety Act.\n- (a) comply with a direction given under subsection (1) ; and\n- (b) publish a copy of the direction on a Queensland Government website.","sortOrder":16},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Chief executive officer","content":"## Chief executive officer","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":"Appointment","content":"### sec.14 Appointment\n\nThe Governor in Council must appoint a chief executive officer of RSHQ (the CEO ).\nThe CEO is appointed under this Act and not the Public Sector Act 2022 .\nTo be appointed as the CEO, a person must have a professional qualification relevant to the resources industry, and professional experience in the resources sector.\ns 14 amd 2022 No. 34 s 365 sch 3\n(sec.14-ssec.1) The Governor in Council must appoint a chief executive officer of RSHQ (the CEO ).\n(sec.14-ssec.2) The CEO is appointed under this Act and not the Public Sector Act 2022 .\n(sec.14-ssec.3) To be appointed as the CEO, a person must have a professional qualification relevant to the resources industry, and professional experience in the resources sector.","sortOrder":18},{"sectionNumber":"sec.15","sectionType":"section","heading":"Disqualification as CEO","content":"### sec.15 Disqualification as CEO\n\nA person is disqualified from being appointed, or continuing as, the CEO if the person—\nhas a conviction, other than a spent conviction, for an indictable offence; or\nis an insolvent under administration; or\nis disqualified from managing corporations because of the Corporations Act , part 2D .6; or\ncontravenes section 21 or 22 .\n- (a) has a conviction, other than a spent conviction, for an indictable offence; or\n- (b) is an insolvent under administration; or\n- (c) is disqualified from managing corporations because of the Corporations Act , part 2D .6; or\n- (d) contravenes section 21 or 22 .","sortOrder":19},{"sectionNumber":"sec.16","sectionType":"section","heading":"Criminal history report","content":"### sec.16 Criminal history report\n\nTo decide if a person is disqualified from becoming or continuing as the CEO, the Minister may ask the commissioner of the police service 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 commissioner of the police service must comply with the request.\nHowever, the duty to comply applies only to information in the possession of the commissioner of the police service or to which the commissioner of the police service has access.\nThe Minister must ensure the report is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.\n(sec.16-ssec.1) To decide if a person is disqualified from becoming or continuing as the CEO, the Minister may ask the commissioner of the police service 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.16-ssec.2) However, the Minister may make the request only if the person has given the Minister written consent for the request.\n(sec.16-ssec.3) The commissioner of the police service must comply with the request.\n(sec.16-ssec.4) However, the duty to comply applies only to information in the possession of the commissioner of the police service or to which the commissioner of the police service has access.\n(sec.16-ssec.5) The Minister must ensure the report is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.\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.","sortOrder":20},{"sectionNumber":"sec.17","sectionType":"section","heading":"Term","content":"### sec.17 Term\n\nThe CEO holds office for the term stated in the CEO’s instrument of appointment.\nThe stated term must not be more than 5 years.\nThe CEO may be reappointed.\n(sec.17-ssec.1) The CEO holds office for the term stated in the CEO’s instrument of appointment.\n(sec.17-ssec.2) The stated term must not be more than 5 years.\n(sec.17-ssec.3) The CEO may be reappointed.","sortOrder":21},{"sectionNumber":"sec.18","sectionType":"section","heading":"Remuneration and conditions","content":"### sec.18 Remuneration and conditions\n\nThe CEO is to be paid the remuneration and other allowances decided by the Governor in Council.\nThe remuneration must not be reduced during the CEO’s term of office without the CEO’s written consent.\nThe CEO holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.\n(sec.18-ssec.1) The CEO is to be paid the remuneration and other allowances decided by the Governor in Council.\n(sec.18-ssec.2) The remuneration must not be reduced during the CEO’s term of office without the CEO’s written consent.\n(sec.18-ssec.3) The CEO holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.","sortOrder":22},{"sectionNumber":"sec.19","sectionType":"section","heading":"Removal by Governor in Council","content":"### sec.19 Removal by Governor in Council\n\nThe Governor in Council may, on the Minister’s recommendation, remove the CEO from office if the Minister is satisfied the CEO—\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\nhas become incapable of performing the CEO’s functions; or\nhas neglected the CEO’s duties or performed the CEO’s functions incompetently.\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) has become incapable of performing the CEO’s functions; or\n- (c) has neglected the CEO’s duties or performed the CEO’s functions incompetently.\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":23},{"sectionNumber":"sec.20","sectionType":"section","heading":"Vacancy in office","content":"### sec.20 Vacancy in office\n\nThe office of the CEO becomes vacant if the CEO—\ncompletes a term of office and is not reappointed; or\nresigns office by signed notice given to the Minister; or\nbecomes disqualified under section 15 from continuing as CEO; or\nis removed under section 19 as CEO.\n- (a) completes a term of office and is not reappointed; or\n- (b) resigns office by signed notice given to the Minister; or\n- (c) becomes disqualified under section 15 from continuing as CEO; or\n- (d) is removed under section 19 as CEO.","sortOrder":24},{"sectionNumber":"sec.21","sectionType":"section","heading":"CEO not to engage in other paid employment","content":"### sec.21 CEO not to engage in other paid employment\n\nThe CEO must not, without the Minister’s prior written approval—\nengage in paid employment outside the responsibilities of the office of the CEO; or\nactively take part in the activities of a business, or in the management of a corporation carrying on a business, outside the responsibilities of the office of the CEO.\n- (a) engage in paid employment outside the responsibilities of the office of the CEO; or\n- (b) actively take part in the activities of a business, or in the management of a corporation carrying on a business, outside the responsibilities of the office of the CEO.","sortOrder":25},{"sectionNumber":"sec.22","sectionType":"section","heading":"Conflicts of interest","content":"### sec.22 Conflicts of interest\n\nIf the CEO has an interest that conflicts, or may conflict, with the discharge of the CEO’s responsibilities, the CEO—\nmust disclose the nature of the interest and conflict to the Minister as soon as practicable after the relevant facts come to the CEO’s knowledge; and\nmust not take action or further action concerning a matter that is, or may be, affected by the conflict unless authorised by the Minister.\n- (a) must disclose the nature of the interest and conflict to the Minister as soon as practicable after the relevant facts come to the CEO’s knowledge; and\n- (b) must not take action or further action concerning a matter that is, or may be, affected by the conflict unless authorised by the Minister.","sortOrder":26},{"sectionNumber":"sec.23","sectionType":"section","heading":"Functions","content":"### sec.23 Functions\n\nThe CEO has the following functions—\nensuring the effective and efficient administration and operation of RSHQ and the performance of its functions; and\nmanaging the organisational unit under the control of the CEO.\nThe CEO also has the functions given to the CEO under this Act or another Act.\n(sec.23-ssec.1) The CEO has the following functions— ensuring the effective and efficient administration and operation of RSHQ and the performance of its functions; and managing the organisational unit under the control of the CEO.\n(sec.23-ssec.2) The CEO also has the functions given to the CEO under this Act or another Act.\n- (a) ensuring the effective and efficient administration and operation of RSHQ and the performance of its functions; and\n- (b) managing the organisational unit under the control of the CEO.","sortOrder":27},{"sectionNumber":"sec.24","sectionType":"section","heading":"Powers","content":"### sec.24 Powers\n\nThe CEO has the power to do anything necessary or convenient to be done for the performance of the CEO’s functions.\nThe CEO also has the powers given to the CEO under this Act or another Act.\n(sec.24-ssec.1) The CEO has the power to do anything necessary or convenient to be done for the performance of the CEO’s functions.\n(sec.24-ssec.2) The CEO also has the powers given to the CEO under this Act or another Act.","sortOrder":28},{"sectionNumber":"sec.25","sectionType":"section","heading":"Delegation","content":"### sec.25 Delegation\n\nThe CEO may delegate the CEO’s functions under this Act to an appropriately qualified person.\nIn this section—\nfunctions includes powers.\n(sec.25-ssec.1) The CEO may delegate the CEO’s functions under this Act to an appropriately qualified person.\n(sec.25-ssec.2) In this section— functions includes powers.","sortOrder":29},{"sectionNumber":"sec.26","sectionType":"section","heading":"Acting CEO","content":"### sec.26 Acting CEO\n\nThe Minister may appoint a person to act as CEO—\nduring a vacancy in the office; or\nduring any period, or during all periods, when the CEO is absent from duty or from the State or is, for another reason, unable to perform the duties of the office.\nThe acting CEO is appointed under this Act and not the Public Sector Act 2022 .\ns 26 amd 2022 No. 34 s 365 sch 3\n(sec.26-ssec.1) The Minister may appoint a person to act as CEO— during a vacancy in the office; or during any period, or during all periods, when the CEO is absent from duty or from the State or is, for another reason, unable to perform the duties of the office.\n(sec.26-ssec.2) The acting CEO is appointed under this Act and not the Public Sector Act 2022 .\n- (a) during a vacancy in the office; or\n- (b) during any period, or during all periods, when the CEO is absent from duty or from the State or is, for another reason, unable to perform the duties of the office.","sortOrder":30},{"sectionNumber":"sec.27","sectionType":"section","heading":"Preservation of rights","content":"### sec.27 Preservation of rights\n\nThis section applies if a public service officer is appointed as the CEO.\nThe person keeps all rights accrued or accruing to the person as a public service officer as if service as the CEO were a continuation of service as a public service officer.\nWithout limiting subsection (2) , the person’s appointment does not—\nprejudice the person’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\nentitle the person to a payment or other benefit because the person is no longer a public service officer.\nAt the completion of the person’s term of office under section 20 (a) or resignation as the CEO under section 20 (b) —\nthe person has the right to be appointed to an office in the public service at a salary level no less than the current salary level of an office equivalent to the office the person held before being appointed as the CEO; and\nthe person’s service as the CEO is taken to be service of a like nature in the public service for deciding the person’s rights as an officer of the public service.\n(sec.27-ssec.1) This section applies if a public service officer is appointed as the CEO.\n(sec.27-ssec.2) The person keeps all rights accrued or accruing to the person as a public service officer as if service as the CEO were a continuation of service as a public service officer.\n(sec.27-ssec.3) Without limiting subsection (2) , the person’s appointment does not— prejudice the person’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 entitle the person to a payment or other benefit because the person is no longer a public service officer.\n(sec.27-ssec.4) At the completion of the person’s term of office under section 20 (a) or resignation as the CEO under section 20 (b) — the person has the right to be appointed to an office in the public service at a salary level no less than the current salary level of an office equivalent to the office the person held before being appointed as the CEO; and the person’s service as the CEO is taken to be service of a like nature in the public service for deciding the person’s rights as an officer of the public service.\n- (a) prejudice the person’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or\n- (b) 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- (c) entitle the person to a payment or other benefit because the person is no longer a public service officer.\n- (a) the person has the right to be appointed to an office in the public service at a salary level no less than the current salary level of an office equivalent to the office the person held before being appointed as the CEO; and\n- (b) the person’s service as the CEO is taken to be service of a like nature in the public service for deciding the person’s rights as an officer of the public service.","sortOrder":31},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":32},{"sectionNumber":"sec.28","sectionType":"section","heading":"Annual report","content":"### sec.28 Annual report\n\nRSHQ must include in its annual report prepared under the Financial Accountability Act 2009 , section 63 —\ndetails of the functions performed by RSHQ during the year; and\ninformation about how efficiently and effectively RSHQ has performed its functions, including, for example, identifying key achievements and financial and non-financial performance; and\ndetails of—\nany interest disclosed by the CEO under section 22 (a) ; and\nany action authorised by the Minister under section 22 (b) ; and\ndetails of—\neach direction given by the Minister under section 13 during the financial year to which the report relates; and\naction taken by RSHQ because of the direction.\nThe report must not be prepared in a way that discloses confidential information.\n(sec.28-ssec.1) RSHQ must include in its annual report prepared under the Financial Accountability Act 2009 , section 63 — details of the functions performed by RSHQ during the year; and information about how efficiently and effectively RSHQ has performed its functions, including, for example, identifying key achievements and financial and non-financial performance; and details of— any interest disclosed by the CEO under section 22 (a) ; and any action authorised by the Minister under section 22 (b) ; and details of— each direction given by the Minister under section 13 during the financial year to which the report relates; and action taken by RSHQ because of the direction.\n(sec.28-ssec.2) The report must not be prepared in a way that discloses confidential information.\n- (a) details of the functions performed by RSHQ during the year; and\n- (b) information about how efficiently and effectively RSHQ has performed its functions, including, for example, identifying key achievements and financial and non-financial performance; and\n- (c) details of— (i) any interest disclosed by the CEO under section 22 (a) ; and (ii) any action authorised by the Minister under section 22 (b) ; and\n- (i) any interest disclosed by the CEO under section 22 (a) ; and\n- (ii) any action authorised by the Minister under section 22 (b) ; and\n- (d) details of— (i) each direction given by the Minister under section 13 during the financial year to which the report relates; and (ii) action taken by RSHQ because of the direction.\n- (i) each direction given by the Minister under section 13 during the financial year to which the report relates; and\n- (ii) action taken by RSHQ because of the direction.\n- (i) any interest disclosed by the CEO under section 22 (a) ; and\n- (ii) any action authorised by the Minister under section 22 (b) ; and\n- (i) each direction given by the Minister under section 13 during the financial year to which the report relates; and\n- (ii) action taken by RSHQ because of the direction.","sortOrder":33},{"sectionNumber":"pt.3","sectionType":"part","heading":"Employing office","content":"# Employing office","sortOrder":34},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Establishment","content":"## Establishment","sortOrder":35},{"sectionNumber":"sec.29","sectionType":"section","heading":"Establishment of employing office","content":"### sec.29 Establishment of employing office\n\nThe Resources Safety and Health Queensland employing office (the employing office ) is established.\nThe employing office consists of—\nthe executive officer; and\nthe staff of the employing office.\nThe employing office is a separate entity from RSHQ.\n(sec.29-ssec.1) The Resources Safety and Health Queensland employing office (the employing office ) is established.\n(sec.29-ssec.2) The employing office consists of— the executive officer; and the staff of the employing office.\n(sec.29-ssec.3) The employing office is a separate entity from RSHQ.\n- (a) the executive officer; and\n- (b) the staff of the employing office.","sortOrder":36},{"sectionNumber":"sec.30","sectionType":"section","heading":"Employing office represents the State","content":"### sec.30 Employing office represents the State\n\nThe employing office represents the State.\nWithout limiting subsection (1) , the employing office has the status, privileges and immunities of the State.\n(sec.30-ssec.1) The employing office represents the State.\n(sec.30-ssec.2) Without limiting subsection (1) , the employing office has the status, privileges and immunities of the State.","sortOrder":37},{"sectionNumber":"sec.31","sectionType":"section","heading":"Application of other Acts","content":"### sec.31 Application of other Acts\n\nThe employing office is—\na unit of public administration under the Crime and Corruption Act 2001 ; and\na statutory body under—\nthe Financial Accountability Act 2009 ; and\nthe Statutory Bodies Financial Arrangements Act 1982 .\nFor applying the Financial Accountability Act 2009 to the employing office as a statutory body—\nthe executive officer is taken to be the chairperson of the employing office; and\nthe Financial Accountability Act 2009 is taken to require the executive officer to consider the annual financial statements and the auditor-general’s report as soon as practicable after they are received by the employing office; and\nthe Financial Accountability Act 2009 is taken to require the executive officer to consider any observations, suggestions or comments given to the executive officer by the auditor-general as soon as practicable after the executive officer receives them.\n(sec.31-ssec.1) The employing office is— a unit of public administration under the Crime and Corruption Act 2001 ; and a statutory body under— the Financial Accountability Act 2009 ; and the Statutory Bodies Financial Arrangements Act 1982 .\n(sec.31-ssec.2) For applying the Financial Accountability Act 2009 to the employing office as a statutory body— the executive officer is taken to be the chairperson of the employing office; and the Financial Accountability Act 2009 is taken to require the executive officer to consider the annual financial statements and the auditor-general’s report as soon as practicable after they are received by the employing office; and the Financial Accountability Act 2009 is taken to require the executive officer to consider any observations, suggestions or comments given to the executive officer by the auditor-general as soon as practicable after the executive officer receives them.\n- (a) a unit of public administration under the Crime and Corruption Act 2001 ; and\n- (b) a statutory body under— (i) the Financial Accountability Act 2009 ; and (ii) the Statutory Bodies Financial Arrangements Act 1982 .\n- (i) the Financial Accountability Act 2009 ; and\n- (ii) the Statutory Bodies Financial Arrangements Act 1982 .\n- (i) the Financial Accountability Act 2009 ; and\n- (ii) the Statutory Bodies Financial Arrangements Act 1982 .\n- (a) the executive officer is taken to be the chairperson of the employing office; and\n- (b) the Financial Accountability Act 2009 is taken to require the executive officer to consider the annual financial statements and the auditor-general’s report as soon as practicable after they are received by the employing office; and\n- (c) the Financial Accountability Act 2009 is taken to require the executive officer to consider any observations, suggestions or comments given to the executive officer by the auditor-general as soon as practicable after the executive officer receives them.","sortOrder":38},{"sectionNumber":"sec.32","sectionType":"section","heading":"Functions","content":"### sec.32 Functions\n\nThe main functions of the employing office are—\nentering into, for the State, a work performance arrangement with RSHQ under which employees of the employing office perform work for RSHQ; and\nemploying, for the State, staff to perform work for RSHQ under the work performance arrangement; and\ndoing anything incidental to the discharge of the functions mentioned in paragraphs (a) and (b) .\nAlso, the employing office has any other function conferred on the employing office under this Act or another Act.\nThis section does not limit the employing office’s power to enter into and give effect to a work performance arrangement with a government entity other than RSHQ.\n(sec.32-ssec.1) The main functions of the employing office are— entering into, for the State, a work performance arrangement with RSHQ under which employees of the employing office perform work for RSHQ; and employing, for the State, staff to perform work for RSHQ under the work performance arrangement; and doing anything incidental to the discharge of the functions mentioned in paragraphs (a) and (b) .\n(sec.32-ssec.2) Also, the employing office has any other function conferred on the employing office under this Act or another Act.\n(sec.32-ssec.3) This section does not limit the employing office’s power to enter into and give effect to a work performance arrangement with a government entity other than RSHQ.\n- (a) entering into, for the State, a work performance arrangement with RSHQ under which employees of the employing office perform work for RSHQ; and\n- (b) employing, for the State, staff to perform work for RSHQ under the work performance arrangement; and\n- (c) doing anything incidental to the discharge of the functions mentioned in paragraphs (a) and (b) .","sortOrder":39},{"sectionNumber":"sec.33","sectionType":"section","heading":"Powers","content":"### sec.33 Powers\n\nThe employing office has the power to do anything necessary or convenient to be done for the performance of the employing office’s functions.\nThe employing office also has the powers given to it under this Act or another Act.\n(sec.33-ssec.1) The employing office has the power to do anything necessary or convenient to be done for the performance of the employing office’s functions.\n(sec.33-ssec.2) The employing office also has the powers given to it under this Act or another Act.","sortOrder":40},{"sectionNumber":"sec.34","sectionType":"section","heading":"Staff","content":"### sec.34 Staff\n\nThe staff of the employing office are to be employed under the Public Sector Act 2022 .\ns 34 amd 2022 No. 34 s 365 sch 3","sortOrder":41},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Executive officer","content":"## Executive officer","sortOrder":42},{"sectionNumber":"sec.35","sectionType":"section","heading":"Appointment","content":"### sec.35 Appointment\n\nThere is to be an executive officer of the employing office.\nThe executive officer is to be appointed by the Governor in Council.\nThe executive officer is appointed under this Act and not the Public Sector Act 2022 .\ns 35 amd 2022 No. 34 s 356 sch 3\n(sec.35-ssec.1) There is to be an executive officer of the employing office.\n(sec.35-ssec.2) The executive officer is to be appointed by the Governor in Council.\n(sec.35-ssec.3) The executive officer is appointed under this Act and not the Public Sector Act 2022 .","sortOrder":43},{"sectionNumber":"sec.36","sectionType":"section","heading":"Disqualification as executive officer","content":"### sec.36 Disqualification as executive officer\n\nA person is disqualified from being appointed, or continuing as, the executive officer if the person—\nhas a conviction, other than a spent conviction, for an indictable offence; or\nis an insolvent under administration; or\nis disqualified from managing corporations because of the Corporations Act , part 2D .6; or\ncontravenes section 41 or 42 .\n- (a) has a conviction, other than a spent conviction, for an indictable offence; or\n- (b) is an insolvent under administration; or\n- (c) is disqualified from managing corporations because of the Corporations Act , part 2D .6; or\n- (d) contravenes section 41 or 42 .","sortOrder":44},{"sectionNumber":"sec.37","sectionType":"section","heading":"Term","content":"### sec.37 Term\n\nThe executive officer holds office for the term stated in the executive officer’s instrument of appointment.\nThe stated term must not be more than 5 years.\nThe executive officer may be reappointed.\n(sec.37-ssec.1) The executive officer holds office for the term stated in the executive officer’s instrument of appointment.\n(sec.37-ssec.2) The stated term must not be more than 5 years.\n(sec.37-ssec.3) The executive officer may be reappointed.","sortOrder":45},{"sectionNumber":"sec.38","sectionType":"section","heading":"Remuneration and conditions","content":"### sec.38 Remuneration and conditions\n\nThe executive officer is to be paid the remuneration and other allowances decided by the Governor in Council.\nThe remuneration must not be reduced during the executive officer’s term of office without the executive officer’s written consent.\nThe executive officer holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.\n(sec.38-ssec.1) The executive officer is to be paid the remuneration and other allowances decided by the Governor in Council.\n(sec.38-ssec.2) The remuneration must not be reduced during the executive officer’s term of office without the executive officer’s written consent.\n(sec.38-ssec.3) The executive officer holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.","sortOrder":46},{"sectionNumber":"sec.39","sectionType":"section","heading":"Removal by Governor in Council","content":"### sec.39 Removal by Governor in Council\n\nThe Governor in Council may, on the Minister’s recommendation, remove the executive officer from office if the Minister is satisfied the executive officer—\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\nhas become incapable of performing the executive officer’s functions; or\nhas neglected the executive officer’s duties or performed the executive officer’s functions incompetently.\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) has become incapable of performing the executive officer’s functions; or\n- (c) has neglected the executive officer’s duties or performed the executive officer’s functions incompetently.\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":47},{"sectionNumber":"sec.40","sectionType":"section","heading":"Vacancy in office","content":"### sec.40 Vacancy in office\n\nThe office of the executive officer becomes vacant if the executive officer—\ncompletes a term of office and is not reappointed; or\nresigns office by signed notice given to the Minister; or\nbecomes disqualified under section 36 from continuing as executive officer; or\nis removed under section 39 as executive officer.\n- (a) completes a term of office and is not reappointed; or\n- (b) resigns office by signed notice given to the Minister; or\n- (c) becomes disqualified under section 36 from continuing as executive officer; or\n- (d) is removed under section 39 as executive officer.","sortOrder":48},{"sectionNumber":"sec.41","sectionType":"section","heading":"Executive officer not to engage in other paid employment","content":"### sec.41 Executive officer not to engage in other paid employment\n\nThe executive officer must not, without the Minister’s prior written approval—\nengage in paid employment outside the responsibilities of the office of the executive officer; or\nactively take part in the activities of a business, or in the management of a corporation carrying on a business.\n- (a) engage in paid employment outside the responsibilities of the office of the executive officer; or\n- (b) actively take part in the activities of a business, or in the management of a corporation carrying on a business.","sortOrder":49},{"sectionNumber":"sec.42","sectionType":"section","heading":"Conflicts of interest","content":"### sec.42 Conflicts of interest\n\nIf the executive officer has an interest that conflicts, or may conflict, with the discharge of the executive officer’s responsibilities, the executive officer—\nmust disclose the nature of the interest and conflict to the Minister as soon as practicable after the relevant facts come to the executive officer’s knowledge; and\nmust not take action or further action concerning a matter that is, or may be, affected by the conflict unless authorised by the Minister.\n- (a) must disclose the nature of the interest and conflict to the Minister as soon as practicable after the relevant facts come to the executive officer’s knowledge; and\n- (b) must not take action or further action concerning a matter that is, or may be, affected by the conflict unless authorised by the Minister.","sortOrder":50},{"sectionNumber":"sec.43","sectionType":"section","heading":"Functions","content":"### sec.43 Functions\n\nThe executive officer has the function of ensuring the effective and efficient administration and operation of the employing office and the performance of its functions.\nThe executive officer also has the functions given to the executive officer under this Act or another Act.\n(sec.43-ssec.1) The executive officer has the function of ensuring the effective and efficient administration and operation of the employing office and the performance of its functions.\n(sec.43-ssec.2) The executive officer also has the functions given to the executive officer under this Act or another Act.","sortOrder":51},{"sectionNumber":"sec.44","sectionType":"section","heading":"Powers","content":"### sec.44 Powers\n\nThe executive officer has the power to do anything necessary or convenient to be done for the performance of the executive officer’s functions.\nThe executive officer also has the powers given to the executive officer under this Act or another Act.\n(sec.44-ssec.1) The executive officer has the power to do anything necessary or convenient to be done for the performance of the executive officer’s functions.\n(sec.44-ssec.2) The executive officer also has the powers given to the executive officer under this Act or another Act.","sortOrder":52},{"sectionNumber":"sec.45","sectionType":"section","heading":"Delegation","content":"### sec.45 Delegation\n\nThe executive officer may delegate the executive officer’s functions under this Act to another appropriately qualified officer of the employing office.\nIn this section—\nfunctions includes powers.\n(sec.45-ssec.1) The executive officer may delegate the executive officer’s functions under this Act to another appropriately qualified officer of the employing office.\n(sec.45-ssec.2) In this section— functions includes powers.","sortOrder":53},{"sectionNumber":"sec.46","sectionType":"section","heading":"Acting executive officer","content":"### sec.46 Acting executive officer\n\nThe Minister may appoint a person to act as executive officer—\nduring a vacancy in the office; or\nduring any period, or during all periods, when the executive officer is absent from duty or from the State or is, for another reason, unable to perform the duties of the office.\nThe acting executive officer is appointed under this Act and not the Public Sector Act 2022 .\ns 46 amd 2022 No. 34 s 365 sch 3\n(sec.46-ssec.1) The Minister may appoint a person to act as executive officer— during a vacancy in the office; or during any period, or during all periods, when the executive officer is absent from duty or from the State or is, for another reason, unable to perform the duties of the office.\n(sec.46-ssec.2) The acting executive officer is appointed under this Act and not the Public Sector Act 2022 .\n- (a) during a vacancy in the office; or\n- (b) during any period, or during all periods, when the executive officer is absent from duty or from the State or is, for another reason, unable to perform the duties of the office.","sortOrder":54},{"sectionNumber":"sec.47","sectionType":"section","heading":"Preservation of rights","content":"### sec.47 Preservation of rights\n\nThis section applies if a public service officer is appointed as the executive officer.\nThe person keeps all rights accrued or accruing to the person as a public service officer as if service as the executive officer were a continuation of service as a public service officer.\nWithout limiting subsection (2) , the person’s appointment does not—\nprejudice the person’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\nentitle the person to a payment or other benefit because the person is no longer a public service officer.\nAt the completion of the person’s term of office under section 40 (a) or resignation as the executive officer under section 40 (b) —\nthe person has the right to be appointed to an office in the public service at a salary level no less than the current salary level of an office equivalent to the office the person held before being appointed as the executive officer; and\nthe person’s service as the executive officer is taken to be service of a like nature in the public service for deciding the person’s rights as an officer of the public service.\n(sec.47-ssec.1) This section applies if a public service officer is appointed as the executive officer.\n(sec.47-ssec.2) The person keeps all rights accrued or accruing to the person as a public service officer as if service as the executive officer were a continuation of service as a public service officer.\n(sec.47-ssec.3) Without limiting subsection (2) , the person’s appointment does not— prejudice the person’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 entitle the person to a payment or other benefit because the person is no longer a public service officer.\n(sec.47-ssec.4) At the completion of the person’s term of office under section 40 (a) or resignation as the executive officer under section 40 (b) — the person has the right to be appointed to an office in the public service at a salary level no less than the current salary level of an office equivalent to the office the person held before being appointed as the executive officer; and the person’s service as the executive officer is taken to be service of a like nature in the public service for deciding the person’s rights as an officer of the public service.\n- (a) prejudice the person’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or\n- (b) 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- (c) entitle the person to a payment or other benefit because the person is no longer a public service officer.\n- (a) the person has the right to be appointed to an office in the public service at a salary level no less than the current salary level of an office equivalent to the office the person held before being appointed as the executive officer; and\n- (b) the person’s service as the executive officer is taken to be service of a like nature in the public service for deciding the person’s rights as an officer of the public service.","sortOrder":55},{"sectionNumber":"pt.4","sectionType":"part","heading":"Commissioner for Resources Safety and Health","content":"# Commissioner for Resources Safety and Health","sortOrder":56},{"sectionNumber":"sec.48","sectionType":"section","heading":"Appointment","content":"### sec.48 Appointment\n\nThe Governor in Council must appoint a Commissioner for Resources Safety and Health (the commissioner ).\nThe commissioner is appointed under this Act and not the Public Sector Act 2022 .\ns 48 amd 2022 No. 34 s 365 sch 3\n(sec.48-ssec.1) The Governor in Council must appoint a Commissioner for Resources Safety and Health (the commissioner ).\n(sec.48-ssec.2) The commissioner is appointed under this Act and not the Public Sector Act 2022 .","sortOrder":57},{"sectionNumber":"sec.49","sectionType":"section","heading":"Qualifications for appointment","content":"### sec.49 Qualifications for appointment\n\nTo be appointed as the commissioner, a person must have—\na professional qualification relevant to the resources industry, and professional experience in safety and health in the resources sector; or\nprofessional experience in senior operational positions relating to the management of safety and health in the resources sector, and demonstrated competence in the management of safety and health in the resources sector.\n- (a) a professional qualification relevant to the resources industry, and professional experience in safety and health in the resources sector; or\n- (b) professional experience in senior operational positions relating to the management of safety and health in the resources sector, and demonstrated competence in the management of safety and health in the resources sector.","sortOrder":58},{"sectionNumber":"sec.50","sectionType":"section","heading":"Disqualification as commissioner","content":"### sec.50 Disqualification as commissioner\n\nA person is disqualified from becoming, or continuing as, the commissioner if the person—\nhas a conviction, other than a spent conviction, for an indictable offence; or\nis an insolvent under administration; or\nis disqualified from managing corporations because of the Corporations Act , part 2D .6; or\ncontravenes section 56 or 57 .\n- (a) has a conviction, other than a spent conviction, for an indictable offence; or\n- (b) is an insolvent under administration; or\n- (c) is disqualified from managing corporations because of the Corporations Act , part 2D .6; or\n- (d) contravenes section 56 or 57 .","sortOrder":59},{"sectionNumber":"sec.51","sectionType":"section","heading":"Criminal history report","content":"### sec.51 Criminal history report\n\nTo decide if a person is disqualified from becoming or continuing as the commissioner, the Minister may ask the commissioner of the police service 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 commissioner of the police service must comply with the request.\nHowever, the duty to comply applies only to information in the possession of the commissioner of the police service or to which the commissioner of the police service has access.\nThe Minister must ensure the report is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.\n(sec.51-ssec.1) To decide if a person is disqualified from becoming or continuing as the commissioner, the Minister may ask the commissioner of the police service 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.51-ssec.2) However, the Minister may make the request only if the person has given the Minister written consent for the request.\n(sec.51-ssec.3) The commissioner of the police service must comply with the request.\n(sec.51-ssec.4) However, the duty to comply applies only to information in the possession of the commissioner of the police service or to which the commissioner of the police service has access.\n(sec.51-ssec.5) The Minister must ensure the report is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.\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.","sortOrder":60},{"sectionNumber":"sec.52","sectionType":"section","heading":"Term","content":"### sec.52 Term\n\nThe commissioner holds office for the term stated in the commissioner’s instrument of appointment.\nThe stated term must not be more than 5 years.\nThe commissioner may be reappointed.\n(sec.52-ssec.1) The commissioner holds office for the term stated in the commissioner’s instrument of appointment.\n(sec.52-ssec.2) The stated term must not be more than 5 years.\n(sec.52-ssec.3) The commissioner may be reappointed.","sortOrder":61},{"sectionNumber":"sec.53","sectionType":"section","heading":"Remuneration and conditions","content":"### sec.53 Remuneration and conditions\n\nThe commissioner is to be paid the remuneration and other allowances decided by the Governor in Council.\nThe remuneration must not be reduced during the commissioner’s term of office without the commissioner’s written consent.\nThe commissioner holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.\n(sec.53-ssec.1) The commissioner is to be paid the remuneration and other allowances decided by the Governor in Council.\n(sec.53-ssec.2) The remuneration must not be reduced during the commissioner’s term of office without the commissioner’s written consent.\n(sec.53-ssec.3) The commissioner holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.","sortOrder":62},{"sectionNumber":"sec.54","sectionType":"section","heading":"Removal by Governor in Council","content":"### sec.54 Removal by Governor in Council\n\nThe Governor in Council may, on the Minister’s recommendation, remove the commissioner from office 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\nhas become incapable of performing the commissioner’s functions; or\nhas neglected the commissioner’s duties or performed the commissioner’s functions incompetently.\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) has become incapable of performing the commissioner’s functions; or\n- (c) has neglected the commissioner’s duties or performed the commissioner’s functions incompetently.\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":63},{"sectionNumber":"sec.55","sectionType":"section","heading":"Vacancy in office","content":"### sec.55 Vacancy in office\n\nThe office of the commissioner becomes vacant if the commissioner—\ncompletes a term of office and is not reappointed; or\nresigns office by signed notice given to the Minister; or\nbecomes disqualified under section 50 from continuing as commissioner; or\nis removed under section 54 as commissioner.\n- (a) completes a term of office and is not reappointed; or\n- (b) resigns office by signed notice given to the Minister; or\n- (c) becomes disqualified under section 50 from continuing as commissioner; or\n- (d) is removed under section 54 as commissioner.","sortOrder":64},{"sectionNumber":"sec.56","sectionType":"section","heading":"Commissioner not to engage in other paid employment","content":"### sec.56 Commissioner not to engage in other paid employment\n\nThe commissioner must not, without the Minister’s prior written approval—\nengage in paid employment outside the responsibilities of the office of the commissioner; or\nactively take part in the activities of a business, or in the management of a corporation carrying on a business.\n- (a) engage in paid employment outside the responsibilities of the office of the commissioner; or\n- (b) actively take part in the activities of a business, or in the management of a corporation carrying on a business.","sortOrder":65},{"sectionNumber":"sec.57","sectionType":"section","heading":"Conflicts of interest","content":"### sec.57 Conflicts of interest\n\nIf the commissioner has an interest that conflicts, or may conflict, with the discharge of the commissioner’s responsibilities, the commissioner—\nmust disclose the nature of the interest and conflict to the Minister as soon as practicable after the relevant facts come to the commissioner’s knowledge; and\nmust not take action or further action concerning a matter that is, or may be, affected by the conflict unless authorised by the Minister.\n- (a) must disclose the nature of the interest and conflict to the Minister as soon as practicable after the relevant facts come to the commissioner’s knowledge; and\n- (b) must not take action or further action concerning a matter that is, or may be, affected by the conflict unless authorised by the Minister.","sortOrder":66},{"sectionNumber":"sec.58","sectionType":"section","heading":"Functions","content":"### sec.58 Functions\n\nThe commissioner has the following functions—\nadvising the Minister on matters relating to safety and health in the resources sector;\nresponding to requests by the Minister for advice on particular matters, including, for example, the strategic direction of RSHQ;\nfulfilling the following roles—\nchairperson of the coal mining safety and health advisory committee;\nchairperson of the mining safety and health advisory committee;\nengaging with representatives of the explosives sector, and petroleum and gas sector, about promoting and protecting the safety and health of persons who may be affected by the operation of those sectors;\nmonitoring, reviewing, and reporting to the Minister on the performance of RSHQ’s functions.\nThe commissioner also has the functions given to the commissioner under this Act or another Act.\nThe commissioner must, in performing the commissioner’s functions, act independently, impartially and in the public interest.\n(sec.58-ssec.1) The commissioner has the following functions— advising the Minister on matters relating to safety and health in the resources sector; responding to requests by the Minister for advice on particular matters, including, for example, the strategic direction of RSHQ; fulfilling the following roles— chairperson of the coal mining safety and health advisory committee; chairperson of the mining safety and health advisory committee; engaging with representatives of the explosives sector, and petroleum and gas sector, about promoting and protecting the safety and health of persons who may be affected by the operation of those sectors; monitoring, reviewing, and reporting to the Minister on the performance of RSHQ’s functions.\n(sec.58-ssec.2) The commissioner also has the functions given to the commissioner under this Act or another Act.\n(sec.58-ssec.3) The commissioner must, in performing the commissioner’s functions, act independently, impartially and in the public interest.\n- (a) advising the Minister on matters relating to safety and health in the resources sector;\n- (b) responding to requests by the Minister for advice on particular matters, including, for example, the strategic direction of RSHQ;\n- (c) fulfilling the following roles— (i) chairperson of the coal mining safety and health advisory committee; (ii) chairperson of the mining safety and health advisory committee;\n- (i) chairperson of the coal mining safety and health advisory committee;\n- (ii) chairperson of the mining safety and health advisory committee;\n- (d) engaging with representatives of the explosives sector, and petroleum and gas sector, about promoting and protecting the safety and health of persons who may be affected by the operation of those sectors;\n- (e) monitoring, reviewing, and reporting to the Minister on the performance of RSHQ’s functions.\n- (i) chairperson of the coal mining safety and health advisory committee;\n- (ii) chairperson of the mining safety and health advisory committee;","sortOrder":67},{"sectionNumber":"sec.59","sectionType":"section","heading":"Powers","content":"### sec.59 Powers\n\nThe commissioner has the power to do anything necessary or convenient to be done for the performance of the commissioner’s functions.\nThe commissioner also has the powers given to the commissioner under this Act or another Act.\n(sec.59-ssec.1) The commissioner has the power to do anything necessary or convenient to be done for the performance of the commissioner’s functions.\n(sec.59-ssec.2) The commissioner also has the powers given to the commissioner under this Act or another Act.","sortOrder":68},{"sectionNumber":"sec.60","sectionType":"section","heading":"Acting commissioner","content":"### sec.60 Acting commissioner\n\nThe Minister may appoint a person to act as commissioner—\nduring a vacancy in the office; or\nduring any period, or during all periods, when the commissioner is absent from duty or from the State or is, for another reason, unable to perform the duties of the office.\nThe acting commissioner is appointed under this Act and not the Public Sector Act 2022 .\ns 60 amd 2022 No. 34 s 365 sch 3\n(sec.60-ssec.1) The Minister may appoint a person to act as commissioner— during a vacancy in the office; or during any period, or during all periods, when the commissioner is absent from duty or from the State or is, for another reason, unable to perform the duties of the office.\n(sec.60-ssec.2) The acting commissioner is appointed under this Act and not the Public Sector Act 2022 .\n- (a) during a vacancy in the office; or\n- (b) during any period, or during all periods, when the commissioner is absent from duty or from the State or is, for another reason, unable to perform the duties of the office.","sortOrder":69},{"sectionNumber":"sec.61","sectionType":"section","heading":"Preservation of rights","content":"### sec.61 Preservation of rights\n\nThis section applies if a public service officer is appointed as the commissioner.\nThe person keeps all rights accrued or accruing to the person as a public service officer as if service as the commissioner were a continuation of service as a public service officer.\nWithout limiting subsection (2) , the person’s appointment does not—\nprejudice the person’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\nentitle the person to a payment or other benefit because the person is no longer a public service officer.\nAt the completion of the person’s term of office under section 55 (a) or resignation as the commissioner under section 55 (b) —\nthe person has the right to be appointed to an office in the public service at a salary level no less than the current salary level of an office equivalent to the office the person held before being appointed as the commissioner; and\nthe person’s service as the commissioner is taken to be service of a like nature in the public service for deciding the person’s rights as an officer of the public service.\n(sec.61-ssec.1) This section applies if a public service officer is appointed as the commissioner.\n(sec.61-ssec.2) The person keeps all rights accrued or accruing to the person as a public service officer as if service as the commissioner were a continuation of service as a public service officer.\n(sec.61-ssec.3) Without limiting subsection (2) , the person’s appointment does not— prejudice the person’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 entitle the person to a payment or other benefit because the person is no longer a public service officer.\n(sec.61-ssec.4) At the completion of the person’s term of office under section 55 (a) or resignation as the commissioner under section 55 (b) — the person has the right to be appointed to an office in the public service at a salary level no less than the current salary level of an office equivalent to the office the person held before being appointed as the commissioner; and the person’s service as the commissioner is taken to be service of a like nature in the public service for deciding the person’s rights as an officer of the public service.\n- (a) prejudice the person’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or\n- (b) 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- (c) entitle the person to a payment or other benefit because the person is no longer a public service officer.\n- (a) the person has the right to be appointed to an office in the public service at a salary level no less than the current salary level of an office equivalent to the office the person held before being appointed as the commissioner; and\n- (b) the person’s service as the commissioner is taken to be service of a like nature in the public service for deciding the person’s rights as an officer of the public service.","sortOrder":70},{"sectionNumber":"sec.62","sectionType":"section","heading":"Staff services from government agency","content":"### sec.62 Staff services from government agency\n\nThe commissioner may, with the agreement of the chief executive of a government agency, arrange for the services of officers or employees of the agency to be made available to the commissioner.\nAn officer or employee whose services are made available under subsection (1) —\ncontinues to be an officer or employee of the government agency; and\ncontinues to be employed or otherwise engaged by the government agency on the same terms and conditions applying to the officer or employee immediately before the services were made available; and\nis subject to the direction of the commissioner only in relation to the services made available to the commissioner and for the performance of the commissioner’s functions.\nNothing in subsection (1) requires the chief executive of a government agency to enter into an arrangement mentioned in that subsection.\nIn this section—\nchief executive includes—\nfor RSHQ—the CEO; or\nfor the employing office—the executive officer.\ngovernment agency means—\na department or an administrative unit within a department; or\na government owned corporation or a subsidiary of a government owned corporation; or\nan entity that is established under an Act and represents the State, including, for example, RSHQ or the employing office; or\na local government.\n(sec.62-ssec.1) The commissioner may, with the agreement of the chief executive of a government agency, arrange for the services of officers or employees of the agency to be made available to the commissioner.\n(sec.62-ssec.2) An officer or employee whose services are made available under subsection (1) — continues to be an officer or employee of the government agency; and continues to be employed or otherwise engaged by the government agency on the same terms and conditions applying to the officer or employee immediately before the services were made available; and is subject to the direction of the commissioner only in relation to the services made available to the commissioner and for the performance of the commissioner’s functions.\n(sec.62-ssec.3) Nothing in subsection (1) requires the chief executive of a government agency to enter into an arrangement mentioned in that subsection.\n(sec.62-ssec.4) In this section— chief executive includes— for RSHQ—the CEO; or for the employing office—the executive officer. government agency means— a department or an administrative unit within a department; or a government owned corporation or a subsidiary of a government owned corporation; or an entity that is established under an Act and represents the State, including, for example, RSHQ or the employing office; or a local government.\n- (a) continues to be an officer or employee of the government agency; and\n- (b) continues to be employed or otherwise engaged by the government agency on the same terms and conditions applying to the officer or employee immediately before the services were made available; and\n- (c) is subject to the direction of the commissioner only in relation to the services made available to the commissioner and for the performance of the commissioner’s functions.\n- (a) for RSHQ—the CEO; or\n- (b) for the employing office—the executive officer.\n- (a) a department or an administrative unit within a department; or\n- (b) a government owned corporation or a subsidiary of a government owned corporation; or\n- (c) an entity that is established under an Act and represents the State, including, for example, RSHQ or the employing office; or\n- (d) a local government.","sortOrder":71},{"sectionNumber":"sec.63","sectionType":"section","heading":"Ministerial direction","content":"### sec.63 Ministerial direction\n\nThe Minister may give a written direction to the commissioner about the performance of the commissioner’s functions or the exercise of the commissioner’s powers if the Minister is satisfied it is necessary to give the direction in the public interest.\nWithout limiting subsection (1) , the direction may be to give reports and information to the Minister.\nThe direction can not be about the content of any advice or recommendation given by the commissioner.\nThe commissioner must—\ncomply with the direction; and\npublish a copy of the direction on a Queensland Government website.\n(sec.63-ssec.1) The Minister may give a written direction to the commissioner about the performance of the commissioner’s functions or the exercise of the commissioner’s powers if the Minister is satisfied it is necessary to give the direction in the public interest.\n(sec.63-ssec.2) Without limiting subsection (1) , the direction may be to give reports and information to the Minister.\n(sec.63-ssec.3) The direction can not be about the content of any advice or recommendation given by the commissioner.\n(sec.63-ssec.4) The commissioner must— comply with the direction; and publish a copy of the direction on a Queensland Government website.\n- (a) comply with the direction; and\n- (b) publish a copy of the direction on a Queensland Government website.","sortOrder":72},{"sectionNumber":"sec.64","sectionType":"section","heading":"Annual report","content":"### sec.64 Annual report\n\nThe commissioner must—\nprepare and give to the Minister a written report about the operations of the commissioner during each financial year; and\nas soon as practicable after it is given to the Minister, publish it on a Queensland Government website.\nThe report must be given within 4 months after the end of the financial year to which the report relates.\nThe report must include—\ndetails of the functions performed by the commissioner during the year; and\ninformation about how efficiently and effectively the commissioner has performed the commissioner’s functions, including, for example, identifying key achievements and financial and non-financial performance; and\ndetails of—\nany interest disclosed by the commissioner under section 57 (a) ; and\nany action authorised by the Minister under section 57 (b) ; and\ndetails of—\neach direction given by the Minister under section 63 during the financial year to which the report relates; and\naction taken by the commissioner because of the direction.\nThe report must not be prepared in a way that discloses confidential information.\nThe Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving it.\n(sec.64-ssec.1) The commissioner must— prepare and give to the Minister a written report about the operations of the commissioner during each financial year; and as soon as practicable after it is given to the Minister, publish it on a Queensland Government website.\n(sec.64-ssec.2) The report must be given within 4 months after the end of the financial year to which the report relates.\n(sec.64-ssec.3) The report must include— details of the functions performed by the commissioner during the year; and information about how efficiently and effectively the commissioner has performed the commissioner’s functions, including, for example, identifying key achievements and financial and non-financial performance; and details of— any interest disclosed by the commissioner under section 57 (a) ; and any action authorised by the Minister under section 57 (b) ; and details of— each direction given by the Minister under section 63 during the financial year to which the report relates; and action taken by the commissioner because of the direction.\n(sec.64-ssec.4) The report must not be prepared in a way that discloses confidential information.\n(sec.64-ssec.5) The Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving it.\n- (a) prepare and give to the Minister a written report about the operations of the commissioner during each financial year; and\n- (b) as soon as practicable after it is given to the Minister, publish it on a Queensland Government website.\n- (a) details of the functions performed by the commissioner during the year; and\n- (b) information about how efficiently and effectively the commissioner has performed the commissioner’s functions, including, for example, identifying key achievements and financial and non-financial performance; and\n- (c) details of— (i) any interest disclosed by the commissioner under section 57 (a) ; and (ii) any action authorised by the Minister under section 57 (b) ; and\n- (i) any interest disclosed by the commissioner under section 57 (a) ; and\n- (ii) any action authorised by the Minister under section 57 (b) ; and\n- (d) details of— (i) each direction given by the Minister under section 63 during the financial year to which the report relates; and (ii) action taken by the commissioner because of the direction.\n- (i) each direction given by the Minister under section 63 during the financial year to which the report relates; and\n- (ii) action taken by the commissioner because of the direction.\n- (i) any interest disclosed by the commissioner under section 57 (a) ; and\n- (ii) any action authorised by the Minister under section 57 (b) ; and\n- (i) each direction given by the Minister under section 63 during the financial year to which the report relates; and\n- (ii) action taken by the commissioner because of the direction.","sortOrder":73},{"sectionNumber":"sec.65","sectionType":"section","heading":"Annual budget","content":"### sec.65 Annual budget\n\nThe commissioner must, before each 31 March, prepare, in consultation with the CEO, a budget of estimated costs of the commissioner for the next financial year.\nThe Minister must approve, or refuse to approve, a budget by each 31 May.\nHowever, a failure by the Minister to act under subsection (2) does not prevent the Minister approving, or refusing to approve, a budget at later time.\nA budget has no effect until it has been approved by the Minister on the recommendation of the commissioner and the CEO.\nDuring a financial year the commissioner may prepare, in consultation with the CEO, amendments to the budget for that year.\nAn amendment of a budget has no effect until it has been approved by the Minister on the recommendation of the commissioner and the CEO.\nIf the commissioner and the CEO differ about what should be recommended to the Minister for an approval under this section, the Minister may still give the approval.\nThe commissioner may spend money in a financial year only under the budget for that year, unless the Minister otherwise approves.\nThis section does not require the commissioner or the CEO to give the Minister any details that would, if given, prejudice a current investigation.\n(sec.65-ssec.1) The commissioner must, before each 31 March, prepare, in consultation with the CEO, a budget of estimated costs of the commissioner for the next financial year.\n(sec.65-ssec.2) The Minister must approve, or refuse to approve, a budget by each 31 May.\n(sec.65-ssec.3) However, a failure by the Minister to act under subsection (2) does not prevent the Minister approving, or refusing to approve, a budget at later time.\n(sec.65-ssec.4) A budget has no effect until it has been approved by the Minister on the recommendation of the commissioner and the CEO.\n(sec.65-ssec.5) During a financial year the commissioner may prepare, in consultation with the CEO, amendments to the budget for that year.\n(sec.65-ssec.6) An amendment of a budget has no effect until it has been approved by the Minister on the recommendation of the commissioner and the CEO.\n(sec.65-ssec.7) If the commissioner and the CEO differ about what should be recommended to the Minister for an approval under this section, the Minister may still give the approval.\n(sec.65-ssec.8) The commissioner may spend money in a financial year only under the budget for that year, unless the Minister otherwise approves.\n(sec.65-ssec.9) This section does not require the commissioner or the CEO to give the Minister any details that would, if given, prejudice a current investigation.","sortOrder":74},{"sectionNumber":"pt.5","sectionType":"part","heading":"General","content":"# General","sortOrder":75},{"sectionNumber":"sec.66","sectionType":"section","heading":"Disclosure of information","content":"### sec.66 Disclosure of information\n\nA person must not disclose information concerning the personal affairs of a person or commercially sensitive information obtained by the person in the administration of this Act, unless the disclosure is made—\nwith the consent of the person from whom the information was obtained; or\nin the administration of this Act; or\nin a proceeding under this Act or a report of the proceeding; or\nin a proceeding before a court in which the information is relevant to the issue before the court.\nMaximum penalty—100 penalty units.\n- (a) with the consent of the person from whom the information was obtained; or\n- (b) in the administration of this Act; or\n- (c) in a proceeding under this Act or a report of the proceeding; or\n- (d) in a proceeding before a court in which the information is relevant to the issue before the court.","sortOrder":76},{"sectionNumber":"sec.67","sectionType":"section","heading":"CEO may disclose information to particular entities","content":"### sec.67 CEO may disclose information to particular entities\n\nThe CEO may disclose anything that comes to the CEO’s knowledge under this Act or a Resources Safety Act to a prescribed entity if the CEO is satisfied the disclosure would assist in the performance of the prescribed entity’s functions under an Act or another law.\nSubsection (1) applies despite section 66 and the prescribed confidentiality provisions.\nIn this section—\nprescribed confidentiality provision means—\nthe Coal Mining Safety and Health Act 1999 , section 275A ; or\nthe Explosives Act 1999 , section 132 ; or\nthe Mining and Quarrying Safety and Health Act 1999 , section 255 .\nprescribed entity means—\nthe chief executive of a department in which a Resource Act is administered; or\nthe chief executive of a department or another entity responsible for administering a law of the Commonwealth or a State about safety and health; or\nthe WHS prosecutor; or\nthe director of public prosecutions.\nResource Act see the Mineral and Energy Resources (Common Provisions) Act 2014 .\nWHS prosecutor see the Work Health and Safety Act 2011 , schedule 2 , section 25 .\ns 67 amd 2024 No. 34 s 266\n(sec.67-ssec.1) The CEO may disclose anything that comes to the CEO’s knowledge under this Act or a Resources Safety Act to a prescribed entity if the CEO is satisfied the disclosure would assist in the performance of the prescribed entity’s functions under an Act or another law.\n(sec.67-ssec.2) Subsection (1) applies despite section 66 and the prescribed confidentiality provisions.\n(sec.67-ssec.3) In this section— prescribed confidentiality provision means— the Coal Mining Safety and Health Act 1999 , section 275A ; or the Explosives Act 1999 , section 132 ; or the Mining and Quarrying Safety and Health Act 1999 , section 255 . prescribed entity means— the chief executive of a department in which a Resource Act is administered; or the chief executive of a department or another entity responsible for administering a law of the Commonwealth or a State about safety and health; or the WHS prosecutor; or the director of public prosecutions. Resource Act see the Mineral and Energy Resources (Common Provisions) Act 2014 . WHS prosecutor see the Work Health and Safety Act 2011 , schedule 2 , section 25 .\n- (a) the Coal Mining Safety and Health Act 1999 , section 275A ; or\n- (b) the Explosives Act 1999 , section 132 ; or\n- (c) the Mining and Quarrying Safety and Health Act 1999 , section 255 .\n- (a) the chief executive of a department in which a Resource Act is administered; or\n- (b) the chief executive of a department or another entity responsible for administering a law of the Commonwealth or a State about safety and health; or\n- (c) the WHS prosecutor; or\n- (d) the director of public prosecutions.","sortOrder":77},{"sectionNumber":"sec.68","sectionType":"section","heading":"Regulation-making power","content":"### sec.68 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.","sortOrder":78},{"sectionNumber":"pt.6","sectionType":"part","heading":"Transfer notices","content":"# Transfer notices","sortOrder":79},{"sectionNumber":"sec.69","sectionType":"section","heading":"Definitions for part","content":"### sec.69 Definitions for part\n\nIn this part—\ninstrument means any document, and includes—\na written or oral agreement; and\nan application; and\nan accreditation, approval, certificate, entitlement, exemption, licence, manual, notice, permit, plan and any other authority.\nright includes power, privilege and immunity.\ntransfer notice see section 70 (1) .\n- (a) a written or oral agreement; and\n- (b) an application; and\n- (c) an accreditation, approval, certificate, entitlement, exemption, licence, manual, notice, permit, plan and any other authority.","sortOrder":80},{"sectionNumber":"sec.70","sectionType":"section","heading":"Minister may make transfer notice","content":"### sec.70 Minister may make transfer notice\n\nFor the purpose of the establishment of RSHQ or the employing office, the Minister may, by gazette notice (a transfer notice ), do any of the following—\ntransfer a business, asset or liability of the State to RSHQ or the employing office;\ngrant a lease, easement or other right from the State to RSHQ or the employing office;\nvary or extinguish a lease, easement or other right held by the State;\nin relation to a lease held under the Land Act 1994 —\ntransfer the lease; or\nchange a purpose for which the lease is issued; or\nchange a condition imposed on the lease; or\ngrant a sublease;\nin relation to a reserve under the Land Act 1994 —\nchange a community purpose for which the reserve is dedicated; or\nremove a trustee of the reserve; or\nappoint a trustee of the reserve, subject to conditions or without conditions;\nprovide whether and, if so, the extent to which, RSHQ is the successor in law of the State;\nmake provision for a legal proceeding that is being, or may be, taken by or against the State to be continued or taken by or against RSHQ or the employing office;\nmake provision for or about the issue, transfer or application of an instrument to RSHQ or the employing office.\nA transfer notice may include conditions applying to something done or to be done under the notice.\nIf the Minister is satisfied it would be inappropriate for a particular matter to be stated in a transfer notice (for example, because of the size or nature of the matter), the Minister may provide for the matter by including a reference in the transfer notice to another document that is—\nsigned by the Minister; and\nkept available, at a place stated in the transfer notice, for inspection by the persons to whom the matter relates.\nThe transfer of a liability of the State under a transfer notice discharges the State from the liability, other than to the extent stated in the notice.\nA transfer notice has effect despite any other law or instrument.\nA transfer notice has effect on the day it is published in the gazette or a later day stated in it.\nIf a transfer notice makes provision for a matter under subsection (1) (h) in relation to an instrument, the responsible entity for the instrument must take the action necessary to register or record the effect of the transfer notice, including—\nupdating a register or other record; and\namending, cancelling or issuing an instrument.\nIn this section—\nlease includes any derivative under lease of the lease.\nresponsible entity , for an instrument, means the entity required or authorised by law to register or record matters in relation to the instrument.\n(sec.70-ssec.1) For the purpose of the establishment of RSHQ or the employing office, the Minister may, by gazette notice (a transfer notice ), do any of the following— transfer a business, asset or liability of the State to RSHQ or the employing office; grant a lease, easement or other right from the State to RSHQ or the employing office; vary or extinguish a lease, easement or other right held by the State; in relation to a lease held under the Land Act 1994 — transfer the lease; or change a purpose for which the lease is issued; or change a condition imposed on the lease; or grant a sublease; in relation to a reserve under the Land Act 1994 — change a community purpose for which the reserve is dedicated; or remove a trustee of the reserve; or appoint a trustee of the reserve, subject to conditions or without conditions; provide whether and, if so, the extent to which, RSHQ is the successor in law of the State; make provision for a legal proceeding that is being, or may be, taken by or against the State to be continued or taken by or against RSHQ or the employing office; make provision for or about the issue, transfer or application of an instrument to RSHQ or the employing office.\n(sec.70-ssec.2) A transfer notice may include conditions applying to something done or to be done under the notice.\n(sec.70-ssec.3) If the Minister is satisfied it would be inappropriate for a particular matter to be stated in a transfer notice (for example, because of the size or nature of the matter), the Minister may provide for the matter by including a reference in the transfer notice to another document that is— signed by the Minister; and kept available, at a place stated in the transfer notice, for inspection by the persons to whom the matter relates.\n(sec.70-ssec.4) The transfer of a liability of the State under a transfer notice discharges the State from the liability, other than to the extent stated in the notice.\n(sec.70-ssec.5) A transfer notice has effect despite any other law or instrument.\n(sec.70-ssec.6) A transfer notice has effect on the day it is published in the gazette or a later day stated in it.\n(sec.70-ssec.7) If a transfer notice makes provision for a matter under subsection (1) (h) in relation to an instrument, the responsible entity for the instrument must take the action necessary to register or record the effect of the transfer notice, including— updating a register or other record; and amending, cancelling or issuing an instrument.\n(sec.70-ssec.8) In this section— lease includes any derivative under lease of the lease. responsible entity , for an instrument, means the entity required or authorised by law to register or record matters in relation to the instrument.\n- (a) transfer a business, asset or liability of the State to RSHQ or the employing office;\n- (b) grant a lease, easement or other right from the State to RSHQ or the employing office;\n- (c) vary or extinguish a lease, easement or other right held by the State;\n- (d) in relation to a lease held under the Land Act 1994 — (i) transfer the lease; or (ii) change a purpose for which the lease is issued; or (iii) change a condition imposed on the lease; or (iv) grant a sublease;\n- (i) transfer the lease; or\n- (ii) change a purpose for which the lease is issued; or\n- (iii) change a condition imposed on the lease; or\n- (iv) grant a sublease;\n- (e) in relation to a reserve under the Land Act 1994 — (i) change a community purpose for which the reserve is dedicated; or (ii) remove a trustee of the reserve; or (iii) appoint a trustee of the reserve, subject to conditions or without conditions;\n- (i) change a community purpose for which the reserve is dedicated; or\n- (ii) remove a trustee of the reserve; or\n- (iii) appoint a trustee of the reserve, subject to conditions or without conditions;\n- (f) provide whether and, if so, the extent to which, RSHQ is the successor in law of the State;\n- (g) make provision for a legal proceeding that is being, or may be, taken by or against the State to be continued or taken by or against RSHQ or the employing office;\n- (h) make provision for or about the issue, transfer or application of an instrument to RSHQ or the employing office.\n- (i) transfer the lease; or\n- (ii) change a purpose for which the lease is issued; or\n- (iii) change a condition imposed on the lease; or\n- (iv) grant a sublease;\n- (i) change a community purpose for which the reserve is dedicated; or\n- (ii) remove a trustee of the reserve; or\n- (iii) appoint a trustee of the reserve, subject to conditions or without conditions;\n- (a) signed by the Minister; and\n- (b) kept available, at a place stated in the transfer notice, for inspection by the persons to whom the matter relates.\n- (a) updating a register or other record; and\n- (b) amending, cancelling or issuing an instrument.","sortOrder":81},{"sectionNumber":"sec.71","sectionType":"section","heading":"Application of instruments","content":"### sec.71 Application of instruments\n\nThis section applies if a transfer notice provides for an instrument that applied to an entity (the transferor ) to apply to another entity (the transferee ) in place of the transferor.\nWithout limiting the application of the transfer notice to the instrument—\nany right, title, interest or liability of the transferor arising under or relating to the instrument is taken to be transferred from the transferor to the transferee; and\nif the instrument, including a benefit or right provided by the instrument, is given to, by or in favour of the transferor, the instrument is taken to have been given to, by or in favour of the transferee; and\nthe transferee is taken to be a party to the instrument in place of the transferor; and\na reference in the instrument to the transferor is, to the extent possible and if the context permits, taken to be a reference to the transferee; and\nif an application was made for the instrument in the name of the transferor, the application is taken to have been made in the name of the transferee; and\nif the instrument is an instrument under which an amount is or may become payable to or by the transferor, the instrument is taken to be an instrument under which the amount is or may become payable to or by the transferee, in the way the amount was or might have been payable to or by the transferor; and\nif the instrument is an instrument under which property, other than money, is or may become liable to be transferred, conveyed or assigned to or by the transferor, the instrument is taken to be an instrument under which the property is or may become liable to be transferred, conveyed or assigned to or by the transferee, in the way it was or might have been liable to be transferred, conveyed or assigned to or by the transferor.\n(sec.71-ssec.1) This section applies if a transfer notice provides for an instrument that applied to an entity (the transferor ) to apply to another entity (the transferee ) in place of the transferor.\n(sec.71-ssec.2) Without limiting the application of the transfer notice to the instrument— any right, title, interest or liability of the transferor arising under or relating to the instrument is taken to be transferred from the transferor to the transferee; and if the instrument, including a benefit or right provided by the instrument, is given to, by or in favour of the transferor, the instrument is taken to have been given to, by or in favour of the transferee; and the transferee is taken to be a party to the instrument in place of the transferor; and a reference in the instrument to the transferor is, to the extent possible and if the context permits, taken to be a reference to the transferee; and if an application was made for the instrument in the name of the transferor, the application is taken to have been made in the name of the transferee; and if the instrument is an instrument under which an amount is or may become payable to or by the transferor, the instrument is taken to be an instrument under which the amount is or may become payable to or by the transferee, in the way the amount was or might have been payable to or by the transferor; and if the instrument is an instrument under which property, other than money, is or may become liable to be transferred, conveyed or assigned to or by the transferor, the instrument is taken to be an instrument under which the property is or may become liable to be transferred, conveyed or assigned to or by the transferee, in the way it was or might have been liable to be transferred, conveyed or assigned to or by the transferor.\n- (a) any right, title, interest or liability of the transferor arising under or relating to the instrument is taken to be transferred from the transferor to the transferee; and\n- (b) if the instrument, including a benefit or right provided by the instrument, is given to, by or in favour of the transferor, the instrument is taken to have been given to, by or in favour of the transferee; and\n- (c) the transferee is taken to be a party to the instrument in place of the transferor; and\n- (d) a reference in the instrument to the transferor is, to the extent possible and if the context permits, taken to be a reference to the transferee; and\n- (e) if an application was made for the instrument in the name of the transferor, the application is taken to have been made in the name of the transferee; and\n- (f) if the instrument is an instrument under which an amount is or may become payable to or by the transferor, the instrument is taken to be an instrument under which the amount is or may become payable to or by the transferee, in the way the amount was or might have been payable to or by the transferor; and\n- (g) if the instrument is an instrument under which property, other than money, is or may become liable to be transferred, conveyed or assigned to or by the transferor, the instrument is taken to be an instrument under which the property is or may become liable to be transferred, conveyed or assigned to or by the transferee, in the way it was or might have been liable to be transferred, conveyed or assigned to or by the transferor.","sortOrder":82}],"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"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent to establish a new independent statutory body for resources safety regulation. The scope includes the necessary supporting structures (employing office, Commissioner) and transitional arrangements (transfer notices) required to operationalise the new body. No significant scope creep is evident in the provided text."},"complexity_factors":["Multiple overlapping entities created (RSHQ, employing office, Commissioner) with distinct but related functions","Extensive cross-referencing to other Queensland Acts including the Crime and Corruption Act 2001, Financial Accountability Act 2009, Statutory Bodies Financial Arrangements Act 1982, and various mining safety Acts","Detailed procedural requirements for appointments, removals, and acting appointments across three separate offices (CEO, executive officer, Commissioner)","Complex transfer provisions in Part 6 allowing Minister to transfer State assets, liabilities and legal proceedings to the new bodies via gazette notice","Specific exclusions preventing ministerial direction on operational safety enforcement (sections 13(4) and 63(3))","Preservation of public service rights provisions that create 'safety nets' for officers returning to the public service"],"plain_english_summary":"This Act creates Resources Safety and Health Queensland (RSHQ), an independent statutory regulator for safety in mining, quarrying, explosives and petroleum/gas. It moves oversight out of the public service, establishes a separate employing office and a Commissioner to advise the Minister, and protects operational independence while maintaining public accountability.\n\nIt affects workers, operators and agencies involved in Queensland’s resources sector by centralising safety regulation and strengthening independent oversight."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act, as presented, establishes the regulator, employing office and commissioner and sets governance, powers and transfer mechanisms consistent with that core purpose (s 4, s 5, s 29, s 48, s 70). Amendments noted in the text (references to the Public Sector Act 2022 and a 2024 amendment expanding CEO disclosure powers) adjust administrative and operational detail (appointment mechanics and information‑sharing) but do not appear to broaden the Act’s substantive scope beyond establishing and equipping the regulator and its employing office. The primary functions and powers remain focused on administering the Resources Safety Acts and regulating safety and health in the resources sector (s 10, s 58)."},"complexity_factors":["Multiple new statutory entities and senior offices to establish (RSHQ, employing office, CEO, executive officer, commissioner) across Parts 2–5","Cross-references to several external Acts (Crime and Corruption Act 2001; Financial Accountability Act 2009; Statutory Bodies Financial Arrangements Act 1982; Public Sector Act 2022; Mining/Coal/Explosives Acts and WHS Act) creating external dependencies (s 9, s 31, s 34, s 67)","Ministerial direction provisions with specific limits and publication requirements (s 13, s 63) — conditional rules rather than unconditional powers","Transfer notice regime that can transfer State rights, liabilities and instruments and operates despite other law (broad override) with detailed consequential treatment of instruments (s 70–71)","Delegation and appointment detail with disqualification and preservation-of-rights rules (many sections in Parts 2–4) leading to many conditional pathways (s 14–27, s 35–47, s 48–61)","Budget approval and amendment process for the commissioner requiring consultation with CEO and Ministerial approval (s 65) — multiple actors, timelines and veto points","Information/confidentiality regime balancing criminal penalties, statutory exceptions and an explicit CEO disclosure power to prescribed entities (s 66–67)","Reporting obligations with specified content and publication/table requirements (RSHQ annual report under Financial Accountability Act; commissioner report and tabling) (s 28, s 64)"],"plain_english_summary":"**What this law does, mechanically (first):**\n\n- Establishes a new independent statutory regulator called Resources Safety and Health Queensland (RSHQ) (s 5).  It is a body corporate that represents the State and may sue and be sued (s 6, s 8).\n- Creates a separate employing office to hire and manage staff who perform work for RSHQ (the employing office) (s 29–33).  The employing office is a distinct legal entity that represents the State (s 29–31).\n- Creates and sets out appointment, term, removal, remuneration and conduct rules for three senior officers: the CEO of RSHQ (s 14–27), the employing office’s executive officer (s 35–47), and the Commissioner for Resources Safety and Health (the commissioner) (s 48–61).\n- Gives RSHQ a broad set of functions to administer the Resources Safety Acts and to regulate and monitor safety and health in the resources sector (s 10), together with wide powers to act like an individual (contract, deal in land, appoint agents, charge fees, etc.) (s 11).\n- Allows the Minister to give written directions to RSHQ or the commissioner about performance of functions under this Act or exercise of powers under this Act if the direction is in the public interest; the law places some express limits on those directions (RSHQ: s 13; commissioner: s 63).\n- Requires annual reporting and disclosure of certain matters (RSHQ annual report under Financial Accountability Act: s 28; commissioner annual report and budget process: s 64, s 65).  Those reports must include information about ministerial directions and disclosed conflicts of interest.\n- Protects personal and commercially sensitive information obtained under the Act (penalty applies), but creates specified exceptions and an express power for the CEO to disclose to prescribed entities where it would assist their statutory functions (s 66–67).\n- Gives the Minister power, by gazette notice, to transfer State businesses, rights, assets and liabilities to RSHQ or the employing office and to make consequential arrangements (transfer notices) that operate despite other law (s 70–71).\n\n**Who is affected:**\n\n- The resources industry (coal, mining, explosives, petroleum and gas) and people working in or around those industries: RSHQ’s core functions are safety and health regulation and monitoring (s 4, s 10, s 58).\n- State agencies, local governments and any holders of State leases, reserves, licences or other instruments that may be transferred or altered by ministerial transfer notice during the statutory establishment process (s 70–71).\n- Senior public officers appointed under this Act (CEO, executive officer, commissioner) and staff employed to perform RSHQ work (s 14–19; s 35–43; s 48–56; s 34).\n- Prescribed entities listed for information-sharing purposes (for example, relevant department chief executives, WHS prosecutors, DPP) (s 67).\n\n**Why it matters (official purpose and how that plays out in practice):**\n\n- The Act’s stated purpose is to establish an independent statutory regulator to regulate safety and health in the resources sector, create an employing office, and provide for a Commissioner (s 4).  Mechanically, it does this by creating the legal entities, defining their functions and powers, setting appointment and governance rules, and providing administrative tools (contracts, land dealings, fees, reporting, transfer of State instruments) necessary for operation (s 5–12, s 29–33, s 48–59, s 11, s 70).\n\n- Practical implications and trade-offs to note (linked to specific sections):\n  - Independence vs ministerial oversight: the Minister can give written directions about performance or exercise of functions under this Act, and RSHQ and the commissioner must comply and publish the direction (RSHQ: s 13; commissioner: s 63).  The Act expressly limits directions about functions or powers exercised under the separate Resources Safety Acts for RSHQ (s 13(4)) and prevents directions as to the content of the commissioner’s advice (s 63(3)).  However, the Minister approves the commissioner’s annual budget (s 65), which creates a financial lever over the office.\n  - Administrative and compliance costs for industry: RSHQ may charge for services or facilities it supplies (s 11(f)).  Because RSHQ administers the Resources Safety Acts, operators should expect new/centralised compliance interactions, reporting and possible fees (s 10, s 11).\n  - Information sharing and confidentiality: the Act protects personal and commercially sensitive information (s 66) but authorises the CEO to disclose material to prescribed entities where it would assist their statutory functions (s 67).  That creates a clear channel for cross‑agency enforcement and prosecution, while preserving a criminal penalty for unauthorised disclosure.\n  - Transfer mechanism for State assets and instruments: the Minister may use a gazette transfer notice to move State assets, leases, rights, liabilities or instruments to RSHQ/employing office and to declare whether RSHQ is successor in law.  Transfer notices operate “despite any other law” and take effect on publication (s 70(1), (5)–(6)).  Where an instrument is applied to a transferee, rights, liabilities and register entries are treated as transferred (s 71).  This is a powerful administrative tool to effect the regulator’s establishment and requires affected parties to rely on public gazette notices and subsequent registration actions.\n  - Staffing and employment structure: staff who perform RSHQ work are employed by the employing office under the Public Sector Act (s 34) but the CEO, executive officer and commissioner are appointed under this Act (not under the Public Sector Act) with terms limited to 5 years (s 14, s 35, s 48, s 17, s 37, s 52).  There are preservation-of-rights provisions if a public service officer becomes one of these officeholders (s 27, s 47, s 61).\n\n**Who pays, who decides, and what behaviour changes:**\n\n- Who pays: the State funds the employing office and commissioner functions subject to the budget approved by the Minister (s 65). RSHQ may also recover costs by charging fees for services or facilities it provides (s 11(f)).\n- Who decides: the Governor in Council appoints the CEO, executive officer and commissioner (s 14, s 35, s 48) on the Minister’s advice; the Minister may give directions (subject to express limits) and approves the commissioner’s budget (s 13, s 63, s 65).  RSHQ and the commissioner have statutory duties and operational powers to regulate safety and health (s 10, s 58).\n- Behaviour changes expected: regulated entities will interact with a single statutory regulator for safety and health oversight; RSHQ can contract, hold land, and charge fees; the Minister has administrative levers (appointments, directions, budget approval) while the commissioner has an independent advisory and monitoring role (s 10, s 11, s 13, s 58, s 65).\n\n**Implementation risks, compliance burden and incentives:**\n\n- Implementation risks: transferring State instruments and registers to a new legal entity requires careful register updates and potential re-issuance or amendment of instruments (s 70–71).  The transfer notice power operates despite other law (s 70(5)), which expedites transfers but increases the need for transparent publication and accurate follow-through by responsible registration agencies (s 70(7)).\n- Compliance burden: operators will face a central regulator; if RSHQ exercises fee-charging powers, that is an additional cost (s 11(f)).  Confidentiality protections combined with permitted disclosures mean commercial information may be shared with prosecution or regulatory agencies in some cases (s 66–67).\n- Incentives and trade-offs: the budget approval and appointment arrangements create political and financial accountability to the Minister but also establish statutory protections for the commissioner’s independence in advice and for RSHQ’s functions under the Resources Safety Acts (s 13(4), s 63(3), s 58(3)).  This mix shapes incentives for both regulator independence and ministerial control.\n\n**Concentrated benefits, diffuse costs and capture risk (mechanisms, not labels):**\n\n- Concentrated benefits: the employing office and RSHQ itself will hold the institutional authority, contracts and fee-recovery powers under the new structure (s 11, s 32).  Those are legally concentrated with the new entity.\n- Diffuse costs: regulated firms and resource sector employers may bear administration, compliance and potential fee costs, distributed across the sector (s 11, s 10).\n- Capture and conflict risk: the Act puts ministerial levers (appointments, directions, budget approval) and close administrative relationships (commissioner consults CEO on budgets; commissioner chairs advisory committees) alongside statutory duties of independence. Those features create channels by which political or agency priorities may influence operational choices; the text mitigates some risks (e.g. prohibition on directing the content of the commissioner’s advice and limits on directions under Resources Safety Acts) (s 13(4), s 63(3)).\n\n**Bottom line:** the Act creates an integrated institutional framework for regulating safety and health in Queensland’s resources sector: a corporate regulator (RSHQ), a separate employing office to hire staff, and a commissioner with advisory and monitoring functions. It supplies operational powers (contracts, land, fees), confidentiality rules with exceptions for inter-agency sharing, tools to transfer State instruments into the new structure, and a regime of ministerial oversight that is bounded in specific ways but includes budgetary and appointment levers. (Key provisions: establishment and functions—s 5, s 10, s 29, s 32, s 48; powers—s 11, s 33, s 59; ministerial direction—s 13, s 63; transfer notices—s 70–71; information—s 66–67; reporting and budgets—s 28, s 64, s 65.)"}},"importantCases":[],"_links":{"self":"/api/acts/resources-safety-and-health-queensland-act-2020","history":"/api/acts/resources-safety-and-health-queensland-act-2020/history","analysis":"/api/acts/resources-safety-and-health-queensland-act-2020/analysis","conflicts":"/api/acts/resources-safety-and-health-queensland-act-2020/conflicts","importantCases":"/api/acts/resources-safety-and-health-queensland-act-2020/important-cases","documents":"/api/acts/resources-safety-and-health-queensland-act-2020/documents"}}