QLDIn ForceAct
Public Sector Act 2022
sec.147Chief executive’s power to take action because of surplus
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### sec.147 Chief executive’s power to take action because of surplus
This section applies if the chief executive of a public sector entity believes a public sector employee is surplus to the entity’s needs because—
more employees are employed in the entity than it needs for the effective, efficient and appropriate performance of its functions; or
the duties performed by the employee are no longer required.
The chief executive may terminate the employee’s employment, subject to any directive made under subsection (3) .
The commissioner may make a directive about action, including, for example, termination of employment, that a chief executive of a public sector entity must take if the chief executive believes a public sector employee is surplus to the entity’s needs under subsection (1) .
A chief executive exercising a power under this section must act in a way compatible with sections 3 and 4 .
(sec.147-ssec.1) This section applies if the chief executive of a public sector entity believes a public sector employee is surplus to the entity’s needs because— more employees are employed in the entity than it needs for the effective, efficient and appropriate performance of its functions; or the duties performed by the employee are no longer required.
(sec.147-ssec.2) The chief executive may terminate the employee’s employment, subject to any directive made under subsection (3) .
(sec.147-ssec.3) The commissioner may make a directive about action, including, for example, termination of employment, that a chief executive of a public sector entity must take if the chief executive believes a public sector employee is surplus to the entity’s needs under subsection (1) .
(sec.147-ssec.4) A chief executive exercising a power under this section must act in a way compatible with sections 3 and 4 .
- (a) more employees are employed in the entity than it needs for the effective, efficient and appropriate performance of its functions; or
- (b) the duties performed by the employee are no longer required.