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Public Sector Act 2022
sec.177Functions and responsibilities of chief executive
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### sec.177 Functions and responsibilities of chief executive
A chief executive of a department has the following functions and responsibilities in relation to the department—
establishing and implementing goals and objectives in accordance with government policies and priorities;
managing the department in a way that promotes the effective, efficient and appropriate management of public resources while ensuring appropriate accountability for ethical standards and effective management and leadership of human resources;
managing the following matters for departmental employees—
the total number;
types of positions;
roles associated with positions;
classification levels;
designation of roles;
pro-actively managing the work performance and personal conduct of departmental employees;
establishing and implementing workforce and human resources planning and practices, including, for example, ensuring the employment in the department of persons on a temporary basis for a fixed term or on a casual basis happens only if there is a reason for the basis of employment under this Act;
adopting management practices that are responsive to government policies and priorities;
implementing policies and practices about access and equity to ensure maximum access by members of the community to government programs and to appropriate avenues for review;
ensuring compliance with the obligations under chapter 2 relating to equity, diversity, respect and inclusion;
ensuring maintenance of proper standards in the creation, keeping and management of public records.
recruitment and selection
performance appraisal, training and development
discipline and termination of employment
working conditions and industrial issues
ensuring fair treatment
Also, a chief executive is responsible for the following matters—
providing stewardship of the public sector by actively participating in collective and collaborative leadership and implementing public sector-wide policies decided by the Minister and the council;
acting as the primary policy adviser to the chief executive’s Minister about significant issues relating to the department and the public sector, including, for example—
providing expert, impartial, coordinated and comprehensive policy advice; and
providing integrated advice about how all aspects of the department and the public sector align with the policy intent of government; and
providing policy coordination by building and managing relationships with public sector entities to ensure integrated policy development; and
facilitating and supporting relationships between Ministers and public sector entities.
The chief executive’s responsibilities under this Act are in addition to the chief executive’s responsibilities under another Act.
A chief executive is an accountable officer under the Financial Accountability Act 2009 and has a responsibility to develop the strategic plan and operational plan under the Financial and Performance Management Standard 2019 , section 8 .
The following are not subject to direction by a chief executive—
the integrity commissioner, deputy integrity commissioner and members of the staff of the integrity office (see the Integrity Act 2009 )
the information commissioner and staff of the office of the information commissioner (see the Right to Information Act 2009 , sections 126 , 146 and 149 , and the Information Privacy Act 2009 , sections 134 , 140 and 143 )
In this section—
departmental employees means public service employees employed in the chief executive’s department.
designation , of a role, includes the title of the role and the organisational location of the role within a department.
s 177 amd 2022 No. 33 s 64 ; 2023 No. 32 s 141 s ch 1 pt 2
(sec.177-ssec.1) A chief executive of a department has the following functions and responsibilities in relation to the department— establishing and implementing goals and objectives in accordance with government policies and priorities; managing the department in a way that promotes the effective, efficient and appropriate management of public resources while ensuring appropriate accountability for ethical standards and effective management and leadership of human resources; managing the following matters for departmental employees— the total number; types of positions; roles associated with positions; classification levels; designation of roles; pro-actively managing the work performance and personal conduct of departmental employees; establishing and implementing workforce and human resources planning and practices, including, for example, ensuring the employment in the department of persons on a temporary basis for a fixed term or on a casual basis happens only if there is a reason for the basis of employment under this Act; adopting management practices that are responsive to government policies and priorities; implementing policies and practices about access and equity to ensure maximum access by members of the community to government programs and to appropriate avenues for review; ensuring compliance with the obligations under chapter 2 relating to equity, diversity, respect and inclusion; ensuring maintenance of proper standards in the creation, keeping and management of public records. recruitment and selection performance appraisal, training and development discipline and termination of employment working conditions and industrial issues ensuring fair treatment
(sec.177-ssec.2) Also, a chief executive is responsible for the following matters— providing stewardship of the public sector by actively participating in collective and collaborative leadership and implementing public sector-wide policies decided by the Minister and the council; acting as the primary policy adviser to the chief executive’s Minister about significant issues relating to the department and the public sector, including, for example— providing expert, impartial, coordinated and comprehensive policy advice; and providing integrated advice about how all aspects of the department and the public sector align with the policy intent of government; and providing policy coordination by building and managing relationships with public sector entities to ensure integrated policy development; and facilitating and supporting relationships between Ministers and public sector entities.
(sec.177-ssec.3) The chief executive’s responsibilities under this Act are in addition to the chief executive’s responsibilities under another Act. A chief executive is an accountable officer under the Financial Accountability Act 2009 and has a responsibility to develop the strategic plan and operational plan under the Financial and Performance Management Standard 2019 , section 8 . The following are not subject to direction by a chief executive— the integrity commissioner, deputy integrity commissioner and members of the staff of the integrity office (see the Integrity Act 2009 ) the information commissioner and staff of the office of the information commissioner (see the Right to Information Act 2009 , sections 126 , 146 and 149 , and the Information Privacy Act 2009 , sections 134 , 140 and 143 )
(sec.177-ssec.4) In this section— departmental employees means public service employees employed in the chief executive’s department. designation , of a role, includes the title of the role and the organisational location of the role within a department.
- (a) establishing and implementing goals and objectives in accordance with government policies and priorities;
- (b) managing the department in a way that promotes the effective, efficient and appropriate management of public resources while ensuring appropriate accountability for ethical standards and effective management and leadership of human resources;
- (c) managing the following matters for departmental employees— (i) the total number; (ii) types of positions; (iii) roles associated with positions; (iv) classification levels; (v) designation of roles;
- (i) the total number;
- (ii) types of positions;
- (iii) roles associated with positions;
- (iv) classification levels;
- (v) designation of roles;
- (d) pro-actively managing the work performance and personal conduct of departmental employees;
- (e) establishing and implementing workforce and human resources planning and practices, including, for example, ensuring the employment in the department of persons on a temporary basis for a fixed term or on a casual basis happens only if there is a reason for the basis of employment under this Act;
- (f) adopting management practices that are responsive to government policies and priorities;
- (g) implementing policies and practices about access and equity to ensure maximum access by members of the community to government programs and to appropriate avenues for review;
- (h) ensuring compliance with the obligations under chapter 2 relating to equity, diversity, respect and inclusion;
- (i) ensuring maintenance of proper standards in the creation, keeping and management of public records.
- (i) the total number;
- (ii) types of positions;
- (iii) roles associated with positions;
- (iv) classification levels;
- (v) designation of roles;
- • recruitment and selection
- • performance appraisal, training and development
- • discipline and termination of employment
- • working conditions and industrial issues
- • ensuring fair treatment
- (a) providing stewardship of the public sector by actively participating in collective and collaborative leadership and implementing public sector-wide policies decided by the Minister and the council;
- (b) acting as the primary policy adviser to the chief executive’s Minister about significant issues relating to the department and the public sector, including, for example— (i) providing expert, impartial, coordinated and comprehensive policy advice; and (ii) providing integrated advice about how all aspects of the department and the public sector align with the policy intent of government; and (iii) providing policy coordination by building and managing relationships with public sector entities to ensure integrated policy development; and (iv) facilitating and supporting relationships between Ministers and public sector entities.
- (i) providing expert, impartial, coordinated and comprehensive policy advice; and
- (ii) providing integrated advice about how all aspects of the department and the public sector align with the policy intent of government; and
- (iii) providing policy coordination by building and managing relationships with public sector entities to ensure integrated policy development; and
- (iv) facilitating and supporting relationships between Ministers and public sector entities.
- (i) providing expert, impartial, coordinated and comprehensive policy advice; and
- (ii) providing integrated advice about how all aspects of the department and the public sector align with the policy intent of government; and
- (iii) providing policy coordination by building and managing relationships with public sector entities to ensure integrated policy development; and
- (iv) facilitating and supporting relationships between Ministers and public sector entities.
- • the integrity commissioner, deputy integrity commissioner and members of the staff of the integrity office (see the Integrity Act 2009 )
- • the information commissioner and staff of the office of the information commissioner (see the Right to Information Act 2009 , sections 126 , 146 and 149 , and the Information Privacy Act 2009 , sections 134 , 140 and 143 )