QLDIn ForceAct
Public Sector Act 2022
sec.12Who is a public sector employee
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### 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.