sec.5Application of transfer or redeployment provisions to particular public sector entities— Act , s 159

### sec.5 Application of transfer or redeployment provisions to particular public sector entities— Act , s 159 For section 159 (1) (a) of the Act , chapter 4 , part 4 , division 3 of the Act is to apply to a public sector employee mentioned in subsection (6) employed in any of the following public sector entities— Queensland Health; a Hospital and Health Service; the Queensland Ambulance Service; Queensland Fire and Rescue; Rural Fire Service Queensland; the Queensland Building and Construction Commission; the Queensland Building and Construction Employing Office; the Residential Tenancies Authority; the Residential Tenancies Employing Office; Trade and Investment Queensland. For section 159 (1) (b) of the Act , chapter 4 , part 4 , division 3 of the Act is to apply to— a public sector entity mentioned in subsection (1) as if it were a public service entity; and the head of a public sector entity mentioned in subsection (1) as if the head were the chief executive of a public service entity; and each public sector employee mentioned in subsection (6) as if the employee were a public service officer. However— chapter 4 , part 4 , division 3 of the Act does not apply to the transfer or redeployment of a health service employee of a Hospital and Health Service to another position as a health service employee, unless the transfer or redeployment is required under a directive; and section 161 (1) (a) of the Act does not apply to a public sector employee employed in the Queensland Building and Construction Commission or the Queensland Building and Construction Employing Office. For section 159 (1) (b) and (3) of the Act , on the transfer or redeployment, under chapter 4 , part 4 , division 3 of the Act , of a public sector employee of a public sector entity mentioned in subsection (6) to a public service entity— the employee is employed under the Act ; and the employee retains and is entitled to all rights that have accrued to the employee because of the employee’s employment with the public sector entity; and the employee’s service as an employee of the public sector entity is taken to be service of a like nature in the public service entity for deciding the employee’s rights as a public service employee; and the transfer or redeployment does not break the employee’s continuity of service. Also, for section 159 (1) (b) and (3) of the Act , on the transfer or redeployment, under chapter 4 , part 4 , division 3 of the Act , of a public service employee to a public sector entity mentioned in subsection (1) — the employee is employed— if the entity is Queensland Health—under the Hospital and Health Boards Act 2011 ; or otherwise—under the Act under which the entity is established; and the employee retains and is entitled to all rights that have accrued to the employee because of the employee’s employment as a public service employee; and the employee’s service as a public service employee is taken to be service of a like nature in the public sector entity for deciding the employee’s rights as an employee of the public sector entity; and the transfer or redeployment does not break the employee’s continuity of service. For section 159 (2) of the Act , subsections (1) to (5) apply to— for Queensland Health— the department; and the chief executive of the department; and the health service employees of the department; and for a Hospital and Health Service— the service; and the chief executive of the service; and the employees of the service; and for the Queensland Ambulance Service— the service; and the chief executive of the department in which the Ambulance Service Act 1991 is administered; and persons employed in the service under the Ambulance Service Act 1991 , section 13 ; and for Queensland Fire and Rescue or Rural Fire Service Queensland— the fire services under the Fire Services Act 1990 ; and the commissioner under the Fire Services Act 1990 ; and persons employed in the fire services under the Fire Services Act 1990 , section 25 . for the Queensland Building and Construction Commission— the commission; and the commissioner of the commission; and the employees of the commission; and for the Queensland Building and Construction Employing Office— the office; and the executive officer of the office; and the employees of the office; and for the Residential Tenancies Authority— the authority; and the chief executive officer of the authority; and the employees of the authority; and for the Residential Tenancies Employing Office— the office; and the executive officer of the office; and the employees of the office; and for Trade and Investment Queensland (the entity )— the entity; and the chief executive officer of the entity; and the employees of the entity. s 5 amd 2024 Act No. 22 s 92 sch 1 (sec.5-ssec.1) For section 159 (1) (a) of the Act , chapter 4 , part 4 , division 3 of the Act is to apply to a public sector employee mentioned in subsection (6) employed in any of the following public sector entities— Queensland Health; a Hospital and Health Service; the Queensland Ambulance Service; Queensland Fire and Rescue; Rural Fire Service Queensland; the Queensland Building and Construction Commission; the Queensland Building and Construction Employing Office; the Residential Tenancies Authority; the Residential Tenancies Employing Office; Trade and Investment Queensland. (sec.5-ssec.2) For section 159 (1) (b) of the Act , chapter 4 , part 4 , division 3 of the Act is to apply to— a public sector entity mentioned in subsection (1) as if it were a public service entity; and the head of a public sector entity mentioned in subsection (1) as if the head were the chief executive of a public service entity; and each public sector employee mentioned in subsection (6) as if the employee were a public service officer. (sec.5-ssec.3) However— chapter 4 , part 4 , division 3 of the Act does not apply to the transfer or redeployment of a health service employee of a Hospital and Health Service to another position as a health service employee, unless the transfer or redeployment is required under a directive; and section 161 (1) (a) of the Act does not apply to a public sector employee employed in the Queensland Building and Construction Commission or the Queensland Building and Construction Employing Office. (sec.5-ssec.4) For section 159 (1) (b) and (3) of the Act , on the transfer or redeployment, under chapter 4 , part 4 , division 3 of the Act , of a public sector employee of a public sector entity mentioned in subsection (6) to a public service entity— the employee is employed under the Act ; and the employee retains and is entitled to all rights that have accrued to the employee because of the employee’s employment with the public sector entity; and the employee’s service as an employee of the public sector entity is taken to be service of a like nature in the public service entity for deciding the employee’s rights as a public service employee; and the transfer or redeployment does not break the employee’s continuity of service. (sec.5-ssec.5) Also, for section 159 (1) (b) and (3) of the Act , on the transfer or redeployment, under chapter 4 , part 4 , division 3 of the Act , of a public service employee to a public sector entity mentioned in subsection (1) — the employee is employed— if the entity is Queensland Health—under the Hospital and Health Boards Act 2011 ; or otherwise—under the Act under which the entity is established; and the employee retains and is entitled to all rights that have accrued to the employee because of the employee’s employment as a public service employee; and the employee’s service as a public service employee is taken to be service of a like nature in the public sector entity for deciding the employee’s rights as an employee of the public sector entity; and the transfer or redeployment does not break the employee’s continuity of service. (sec.5-ssec.6) For section 159 (2) of the Act , subsections (1) to (5) apply to— for Queensland Health— the department; and the chief executive of the department; and the health service employees of the department; and for a Hospital and Health Service— the service; and the chief executive of the service; and the employees of the service; and for the Queensland Ambulance Service— the service; and the chief executive of the department in which the Ambulance Service Act 1991 is administered; and persons employed in the service under the Ambulance Service Act 1991 , section 13 ; and for Queensland Fire and Rescue or Rural Fire Service Queensland— the fire services under the Fire Services Act 1990 ; and the commissioner under the Fire Services Act 1990 ; and persons employed in the fire services under the Fire Services Act 1990 , section 25 . for the Queensland Building and Construction Commission— the commission; and the commissioner of the commission; and the employees of the commission; and for the Queensland Building and Construction Employing Office— the office; and the executive officer of the office; and the employees of the office; and for the Residential Tenancies Authority— the authority; and the chief executive officer of the authority; and the employees of the authority; and for the Residential Tenancies Employing Office— the office; and the executive officer of the office; and the employees of the office; and for Trade and Investment Queensland (the entity )— the entity; and the chief executive officer of the entity; and the employees of the entity. - (a) Queensland Health; - (b) a Hospital and Health Service; - (c) the Queensland Ambulance Service; - (d) Queensland Fire and Rescue; - (e) Rural Fire Service Queensland; - (f) the Queensland Building and Construction Commission; - (g) the Queensland Building and Construction Employing Office; - (h) the Residential Tenancies Authority; - (i) the Residential Tenancies Employing Office; - (j) Trade and Investment Queensland. - (a) a public sector entity mentioned in subsection (1) as if it were a public service entity; and - (b) the head of a public sector entity mentioned in subsection (1) as if the head were the chief executive of a public service entity; and - (c) each public sector employee mentioned in subsection (6) as if the employee were a public service officer. - (a) chapter 4 , part 4 , division 3 of the Act does not apply to the transfer or redeployment of a health service employee of a Hospital and Health Service to another position as a health service employee, unless the transfer or redeployment is required under a directive; and - (b) section 161 (1) (a) of the Act does not apply to a public sector employee employed in the Queensland Building and Construction Commission or the Queensland Building and Construction Employing Office. - (a) the employee is employed under the Act ; and - (b) the employee retains and is entitled to all rights that have accrued to the employee because of the employee’s employment with the public sector entity; and - (c) the employee’s service as an employee of the public sector entity is taken to be service of a like nature in the public service entity for deciding the employee’s rights as a public service employee; and - (d) the transfer or redeployment does not break the employee’s continuity of service. - (a) the employee is employed— (i) if the entity is Queensland Health—under the Hospital and Health Boards Act 2011 ; or (ii) otherwise—under the Act under which the entity is established; and - (i) if the entity is Queensland Health—under the Hospital and Health Boards Act 2011 ; or - (ii) otherwise—under the Act under which the entity is established; and - (b) the employee retains and is entitled to all rights that have accrued to the employee because of the employee’s employment as a public service employee; and - (c) the employee’s service as a public service employee is taken to be service of a like nature in the public sector entity for deciding the employee’s rights as an employee of the public sector entity; and - (d) the transfer or redeployment does not break the employee’s continuity of service. - (i) if the entity is Queensland Health—under the Hospital and Health Boards Act 2011 ; or - (ii) otherwise—under the Act under which the entity is established; and - (a) for Queensland Health— (i) the department; and (ii) the chief executive of the department; and (iii) the health service employees of the department; and - (i) the department; and - (ii) the chief executive of the department; and - (iii) the health service employees of the department; and - (b) for a Hospital and Health Service— (i) the service; and (ii) the chief executive of the service; and (iii) the employees of the service; and - (i) the service; and - (ii) the chief executive of the service; and - (iii) the employees of the service; and - (c) for the Queensland Ambulance Service— (i) the service; and (ii) the chief executive of the department in which the Ambulance Service Act 1991 is administered; and (iii) persons employed in the service under the Ambulance Service Act 1991 , section 13 ; and - (i) the service; and - (ii) the chief executive of the department in which the Ambulance Service Act 1991 is administered; and - (iii) persons employed in the service under the Ambulance Service Act 1991 , section 13 ; and - (d) for Queensland Fire and Rescue or Rural Fire Service Queensland— (i) the fire services under the Fire Services Act 1990 ; and (ii) the commissioner under the Fire Services Act 1990 ; and (iii) persons employed in the fire services under the Fire Services Act 1990 , section 25 . - (i) the fire services under the Fire Services Act 1990 ; and - (ii) the commissioner under the Fire Services Act 1990 ; and - (iii) persons employed in the fire services under the Fire Services Act 1990 , section 25 . - (e) for the Queensland Building and Construction Commission— (i) the commission; and (ii) the commissioner of the commission; and (iii) the employees of the commission; and - (i) the commission; and - (ii) the commissioner of the commission; and - (iii) the employees of the commission; and - (f) for the Queensland Building and Construction Employing Office— (i) the office; and (ii) the executive officer of the office; and (iii) the employees of the office; and - (i) the office; and - (ii) the executive officer of the office; and - (iii) the employees of the office; and - (g) for the Residential Tenancies Authority— (i) the authority; and (ii) the chief executive officer of the authority; and (iii) the employees of the authority; and - (i) the authority; and - (ii) the chief executive officer of the authority; and - (iii) the employees of the authority; and - (h) for the Residential Tenancies Employing Office— (i) the office; and (ii) the executive officer of the office; and (iii) the employees of the office; and - (i) the office; and - (ii) the executive officer of the office; and - (iii) the employees of the office; and - (i) for Trade and Investment Queensland (the entity )— (i) the entity; and (ii) the chief executive officer of the entity; and (iii) the employees of the entity. - (i) the entity; and - (ii) the chief executive officer of the entity; and - (iii) the employees of the entity. - (i) the department; and - (ii) the chief executive of the department; and - (iii) the health service employees of the department; and - (i) the service; and - (ii) the chief executive of the service; and - (iii) the employees of the service; and - (i) the service; and - (ii) the chief executive of the department in which the Ambulance Service Act 1991 is administered; and - (iii) persons employed in the service under the Ambulance Service Act 1991 , section 13 ; and - (i) the fire services under the Fire Services Act 1990 ; and - (ii) the commissioner under the Fire Services Act 1990 ; and - (iii) persons employed in the fire services under the Fire Services Act 1990 , section 25 . - (i) the commission; and - (ii) the commissioner of the commission; and - (iii) the employees of the commission; and - (i) the office; and - (ii) the executive officer of the office; and - (iii) the employees of the office; and - (i) the authority; and - (ii) the chief executive officer of the authority; and - (iii) the employees of the authority; and - (i) the office; and - (ii) the executive officer of the office; and - (iii) the employees of the office; and - (i) the entity; and - (ii) the chief executive officer of the entity; and - (iii) the employees of the entity.