sec.12Who is a public sector employee

### sec.12 Who is a public sector employee A public sector employee is— a public service employee; or a person employed under another Act or law in a public sector entity. However, none of the following is a public sector employee— a person appointed to an office if— the appointment to the office is made by the Governor alone; or the appointment to the office is made by the Governor in Council; or the salary for the office is provided for, or calculated in accordance with a salary provided for, under the Judicial Remuneration Act 2007 , the District Court of Queensland Act 1967 or the Magistrates Act 1991 ; or the office is a particular office established under an Act that expressly provides for the appointment of the holder of an office mentioned in subparagraph (ii) ; or the office is honorary; or the office is prescribed by regulation for this subparagraph; a person appointed as a member of a board; a person appointed as a chief executive of a public sector entity if the person was appointed by a board; a person employed as an associate to a Supreme Court judge, District Court judge, commissioner under the Industrial Relations Act 2016 , or judge or member of another court of record; a person employed as a ministerial staff member under the Ministerial and Other Office Holder Staff Act 2010 ; a person employed under a law of a jurisdiction outside Australia; a person prescribed by another Act for this section not to be a public sector employee; a person prescribed by regulation for this section not to be a public sector employee. Despite subsection (1) or (2) , a person is a public sector employee if— the person is appointed as a chief executive under section 171 , the commissioner under section 212 , or a special commissioner under section 230 ; or another Act provides the person is to be, may be, or is employed or appointed under this Act. Public sector employees are generally employees for the Industrial Relations Act 2016 . Subsection (4) does not limit or otherwise affect section 141 . (sec.12-ssec.1) A public sector employee is— a public service employee; or a person employed under another Act or law in a public sector entity. (sec.12-ssec.2) However, none of the following is a public sector employee— a person appointed to an office if— the appointment to the office is made by the Governor alone; or the appointment to the office is made by the Governor in Council; or the salary for the office is provided for, or calculated in accordance with a salary provided for, under the Judicial Remuneration Act 2007 , the District Court of Queensland Act 1967 or the Magistrates Act 1991 ; or the office is a particular office established under an Act that expressly provides for the appointment of the holder of an office mentioned in subparagraph (ii) ; or the office is honorary; or the office is prescribed by regulation for this subparagraph; a person appointed as a member of a board; a person appointed as a chief executive of a public sector entity if the person was appointed by a board; a person employed as an associate to a Supreme Court judge, District Court judge, commissioner under the Industrial Relations Act 2016 , or judge or member of another court of record; a person employed as a ministerial staff member under the Ministerial and Other Office Holder Staff Act 2010 ; a person employed under a law of a jurisdiction outside Australia; a person prescribed by another Act for this section not to be a public sector employee; a person prescribed by regulation for this section not to be a public sector employee. (sec.12-ssec.3) Despite subsection (1) or (2) , a person is a public sector employee if— the person is appointed as a chief executive under section 171 , the commissioner under section 212 , or a special commissioner under section 230 ; or another Act provides the person is to be, may be, or is employed or appointed under this Act. (sec.12-ssec.4) Public sector employees are generally employees for the Industrial Relations Act 2016 . (sec.12-ssec.5) Subsection (4) does not limit or otherwise affect section 141 . - (a) a public service employee; or - (b) a person employed under another Act or law in a public sector entity. - (a) a person appointed to an office if— (i) the appointment to the office is made by the Governor alone; or (ii) the appointment to the office is made by the Governor in Council; or (iii) the salary for the office is provided for, or calculated in accordance with a salary provided for, under the Judicial Remuneration Act 2007 , the District Court of Queensland Act 1967 or the Magistrates Act 1991 ; or (iv) the office is a particular office established under an Act that expressly provides for the appointment of the holder of an office mentioned in subparagraph (ii) ; or (v) the office is honorary; or (vi) the office is prescribed by regulation for this subparagraph; - (i) the appointment to the office is made by the Governor alone; or - (ii) the appointment to the office is made by the Governor in Council; or - (iii) the salary for the office is provided for, or calculated in accordance with a salary provided for, under the Judicial Remuneration Act 2007 , the District Court of Queensland Act 1967 or the Magistrates Act 1991 ; or - (iv) the office is a particular office established under an Act that expressly provides for the appointment of the holder of an office mentioned in subparagraph (ii) ; or - (v) the office is honorary; or - (vi) the office is prescribed by regulation for this subparagraph; - (b) a person appointed as a member of a board; - (c) a person appointed as a chief executive of a public sector entity if the person was appointed by a board; - (d) a person employed as an associate to a Supreme Court judge, District Court judge, commissioner under the Industrial Relations Act 2016 , or judge or member of another court of record; - (e) a person employed as a ministerial staff member under the Ministerial and Other Office Holder Staff Act 2010 ; - (f) a person employed under a law of a jurisdiction outside Australia; - (g) a person prescribed by another Act for this section not to be a public sector employee; - (h) a person prescribed by regulation for this section not to be a public sector employee. - (i) the appointment to the office is made by the Governor alone; or - (ii) the appointment to the office is made by the Governor in Council; or - (iii) the salary for the office is provided for, or calculated in accordance with a salary provided for, under the Judicial Remuneration Act 2007 , the District Court of Queensland Act 1967 or the Magistrates Act 1991 ; or - (iv) the office is a particular office established under an Act that expressly provides for the appointment of the holder of an office mentioned in subparagraph (ii) ; or - (v) the office is honorary; or - (vi) the office is prescribed by regulation for this subparagraph; - (a) the person is appointed as a chief executive under section 171 , the commissioner under section 212 , or a special commissioner under section 230 ; or - (b) another Act provides the person is to be, may be, or is employed or appointed under this Act.