QLDIn ForceAct
Public Sector Act 2022
sec.8What is a public sector entity
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### sec.8 What is a public sector entity
A public sector entity is—
a public service entity; or
an entity, other than a public service entity, prescribed by regulation as a public sector entity; or
a registry or other administrative office of a court or tribunal of the State; or
an agency, authority, commission, corporation, instrumentality, office, or other entity, other than an entity mentioned in paragraph (a) , (b) or (c) , established under an Act for a public or State purpose.
However, none of the following is a public sector entity—
a local government;
a corporation owned by a local government, or a subsidiary of a corporation owned by a local government;
the parliamentary service established under the Parliamentary Service Act 1988 ;
the Governor’s official residence (known as ‘Government House’) and its associated administrative unit;
the Executive Council;
the Legislative Assembly;
a court of the State;
the police service to the extent that it does not include staff members mentioned in the Police Service Administration Act 1990 , section 2 .5(1)(a) or 2.5(1)(b)(ii);
a community justice group established under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 ;
a school council established under the Education (General Provisions) Act 2006 ;
a parents and citizens association formed under the Education (General Provisions) Act 2006 , chapter 7 ;
a university established under an Act;
a co-operative under the Co-operatives National Law (Queensland) for primary producers that is not in receipt of moneys of, or financial assistance from, the State;
an association incorporated under the Associations Incorporation Act 1981 ;
a government owned corporation, unless a regulation prescribes it to be a public sector entity;
a national system employer within the meaning of the Fair Work Act 2009 (Cwlth) , section 14 , including a national system employer mentioned in section 30N of that Act;
the council;
a taskforce established under section 195 ;
another entity prescribed by another Act for this section not to be a public sector entity;
another entity, or part of another entity, prescribed by regulation for this section not to be a public sector entity.
Also, if a public sector entity mentioned in subsection (1) (d) is part of a department, the public sector entity is taken not to have an existence as a public sector entity, separate to the existence of the department as a public sector entity, for the purpose of this Act.
In this section—
court includes a court of record.
(sec.8-ssec.1) A public sector entity is— a public service entity; or an entity, other than a public service entity, prescribed by regulation as a public sector entity; or a registry or other administrative office of a court or tribunal of the State; or an agency, authority, commission, corporation, instrumentality, office, or other entity, other than an entity mentioned in paragraph (a) , (b) or (c) , established under an Act for a public or State purpose.
(sec.8-ssec.2) However, none of the following is a public sector entity— a local government; a corporation owned by a local government, or a subsidiary of a corporation owned by a local government; the parliamentary service established under the Parliamentary Service Act 1988 ; the Governor’s official residence (known as ‘Government House’) and its associated administrative unit; the Executive Council; the Legislative Assembly; a court of the State; the police service to the extent that it does not include staff members mentioned in the Police Service Administration Act 1990 , section 2 .5(1)(a) or 2.5(1)(b)(ii); a community justice group established under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 ; a school council established under the Education (General Provisions) Act 2006 ; a parents and citizens association formed under the Education (General Provisions) Act 2006 , chapter 7 ; a university established under an Act; a co-operative under the Co-operatives National Law (Queensland) for primary producers that is not in receipt of moneys of, or financial assistance from, the State; an association incorporated under the Associations Incorporation Act 1981 ; a government owned corporation, unless a regulation prescribes it to be a public sector entity; a national system employer within the meaning of the Fair Work Act 2009 (Cwlth) , section 14 , including a national system employer mentioned in section 30N of that Act; the council; a taskforce established under section 195 ; another entity prescribed by another Act for this section not to be a public sector entity; another entity, or part of another entity, prescribed by regulation for this section not to be a public sector entity.
(sec.8-ssec.3) Also, if a public sector entity mentioned in subsection (1) (d) is part of a department, the public sector entity is taken not to have an existence as a public sector entity, separate to the existence of the department as a public sector entity, for the purpose of this Act.
(sec.8-ssec.4) In this section— court includes a court of record.
- (a) a public service entity; or
- (b) an entity, other than a public service entity, prescribed by regulation as a public sector entity; or
- (c) a registry or other administrative office of a court or tribunal of the State; or
- (d) an agency, authority, commission, corporation, instrumentality, office, or other entity, other than an entity mentioned in paragraph (a) , (b) or (c) , established under an Act for a public or State purpose.
- (a) a local government;
- (b) a corporation owned by a local government, or a subsidiary of a corporation owned by a local government;
- (c) the parliamentary service established under the Parliamentary Service Act 1988 ;
- (d) the Governor’s official residence (known as ‘Government House’) and its associated administrative unit;
- (e) the Executive Council;
- (f) the Legislative Assembly;
- (g) a court of the State;
- (h) the police service to the extent that it does not include staff members mentioned in the Police Service Administration Act 1990 , section 2 .5(1)(a) or 2.5(1)(b)(ii);
- (i) a community justice group established under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 ;
- (j) a school council established under the Education (General Provisions) Act 2006 ;
- (k) a parents and citizens association formed under the Education (General Provisions) Act 2006 , chapter 7 ;
- (l) a university established under an Act;
- (m) a co-operative under the Co-operatives National Law (Queensland) for primary producers that is not in receipt of moneys of, or financial assistance from, the State;
- (n) an association incorporated under the Associations Incorporation Act 1981 ;
- (o) a government owned corporation, unless a regulation prescribes it to be a public sector entity;
- (p) a national system employer within the meaning of the Fair Work Act 2009 (Cwlth) , section 14 , including a national system employer mentioned in section 30N of that Act;
- (q) the council;
- (r) a taskforce established under section 195 ;
- (s) another entity prescribed by another Act for this section not to be a public sector entity;
- (t) another entity, or part of another entity, prescribed by regulation for this section not to be a public sector entity.