QLDIn ForceAct
Public Sector Act 2022
sec.257Powers for conducting public sector review
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### sec.257 Powers for conducting public sector review
The reviewing entity for a public sector review may take any action reasonably required to conduct the review.
Without limiting subsection (1) , the reviewing entity may do any of the following—
enter official premises of a public sector entity at a reasonable time;
require the production of, examine, copy, or take an extract from, any official document in the possession of a public sector entity;
interview employees of a public sector entity;
interview anyone else who can provide information relevant to the public sector review.
employee organisations
The chief executive of a public sector entity, and each other person employed in the public sector entity, must provide the assistance reasonably required by the reviewing entity to conduct the public sector review, including, for example, giving the reviewing entity an official document required under subsection (2) (b) .
However, an individual need not answer a question asked by, or give information to, the reviewing entity if answering the question or giving the information might tend to incriminate the individual or expose the individual to a penalty.
In this section—
official document , in the possession of a public sector entity, includes an official document—
under the control of the public sector entity, or that the entity is entitled to access, whether or not created in the entity; and
in the possession, or under the control, of a person employed in the public sector entity in the person’s official capacity.
(sec.257-ssec.1) The reviewing entity for a public sector review may take any action reasonably required to conduct the review.
(sec.257-ssec.2) Without limiting subsection (1) , the reviewing entity may do any of the following— enter official premises of a public sector entity at a reasonable time; require the production of, examine, copy, or take an extract from, any official document in the possession of a public sector entity; interview employees of a public sector entity; interview anyone else who can provide information relevant to the public sector review. employee organisations
(sec.257-ssec.3) The chief executive of a public sector entity, and each other person employed in the public sector entity, must provide the assistance reasonably required by the reviewing entity to conduct the public sector review, including, for example, giving the reviewing entity an official document required under subsection (2) (b) .
(sec.257-ssec.4) However, an individual need not answer a question asked by, or give information to, the reviewing entity if answering the question or giving the information might tend to incriminate the individual or expose the individual to a penalty.
(sec.257-ssec.5) In this section— official document , in the possession of a public sector entity, includes an official document— under the control of the public sector entity, or that the entity is entitled to access, whether or not created in the entity; and in the possession, or under the control, of a person employed in the public sector entity in the person’s official capacity.
- (a) enter official premises of a public sector entity at a reasonable time;
- (b) require the production of, examine, copy, or take an extract from, any official document in the possession of a public sector entity;
- (c) interview employees of a public sector entity;
- (d) interview anyone else who can provide information relevant to the public sector review. Example for paragraph (d) — employee organisations
- (a) under the control of the public sector entity, or that the entity is entitled to access, whether or not created in the entity; and
- (b) in the possession, or under the control, of a person employed in the public sector entity in the person’s official capacity.