Public Sector Regulation 2023

Key exceptions:

• Health service employees moving between health roles aren't automatically covered — the transfer rules only kick in if required by a formal directive (a binding workplace instruction).
• Building and Construction Commission employees have some appeal rights excluded.

2. Employee Records — Your Rights

This part sets out rules about employment files (called "employee records") held by government agencies about their staff. This applies to public service employees and health service employees.

What counts as an employee record:

• Performance reports and work history documents
• Medical reports
• Written allegations of misconduct

What is NOT an employee record (and therefore not subject to these rules):

• Sensitive medical reports where showing you the file could harm your mental or physical health
• Counselling session documents
• Public interest disclosures (whistleblower reports)
• Documents about criminal investigations or corrupt conduct investigations
• Documents covered by legal professional privilege (protected lawyer-client communications)

Your key rights as an employee:

• If your employer (chief executive of your agency) wants to use a record against you — for example, to discipline you or add something negative to your employment history — they must give you at least 14 days' notice, show you the record, give you a copy, and let you respond in writing.
• You can request to inspect, copy, or take extracts from your employee records, and this must be arranged within 21 days.
• Access can be delayed (up to 6 months) if there's an active investigation underway that could be harmed by early disclosure.
• Access can be refused if it would breach another person's privacy, cause harm, or be contrary to law.

If your record is held by another agency (e.g., after a secondment), that agency must return it to your home agency as soon as practicable — unless the secondment was less than 6 months, in which case both agencies must agree in writing first.

3. Miscellaneous Rules

• Pay date changes for Queensland Health employees also flow through automatically to Hospital and Health Service employees.
• The Crime and Corruption Commission and Queensland Police Service are formally listed as agencies that can share employment information with the public sector.
• Certain people (listed in a schedule) get protection from being sued personally (civil liability) for actions taken in good faith under the Public Sector Act.
• When hiring staff from interstate for Ambulance or Fire Services, other states' disciplinary laws can be recognised for background-checking purposes.

Who Does This Affect?

This regulation affects Queensland public sector workers — particularly those employed by health, emergency services, construction regulation, and tenancy bodies — as well as the managers and chief executives of those agencies who must follow the procedural rules it sets out.