This Act creates the Queensland Productivity Commission as a corporate body to carry out inquiries, research and administration of regulatory matters and to give independent advice to the Minister on productivity, growth and living standards. The Minister decides directions, appoints and can remove commissioners, and must approve publication of the commission’s own-initiative research; the State funds the commission and public agencies and some local government entities must supply information on request, subject to legal privilege and other limits.
This Act establishes the Queensland Productivity Commission as a state statutory body charged with undertaking inquiries, research and administration of regulatory matters, and providing independent advice to the Minister on economic and social issues with particular regard to productivity, economic growth and living standards (s 3, s 9). The commission is a body corporate that represents the State, with the status, privileges and immunities of the State, may sue and be sued in its corporate name, and is declared a statutory body for financial and accountability purposes and a unit of public administration for corruption and crime oversight (s 6, s 7, s 8).
Mechanically the Act:
creates a governing board of between 1 and 4 persons appointed by the Governor in Council on the Minister’s recommendation, and requires one appointee to be designated the productivity commissioner (ss 12, 15, 18);
sets term limits (maximum 3 years) and reappointment for commissioners, and requires remuneration and other appointment conditions to be fixed by the Governor in Council (ss 16, 17);
gives the commission broad powers to perform functions and “all the powers of an individual” necessary or convenient for those functions (ss 9, 10);
prescribes processes for Ministerial directions to the commission and the commission’s obligations in response, including publication of directions (s 38);
creates two separate modes of work: Minister‑directed activity (inquiries, research, administration of regulatory matters) and commission-initiated research, with different procedural controls for each (Pt 3; s 37);
grants the commission compulsory information powers directed at public sector entities, local governments and local government companies when undertaking Minister‑directed inquiries or research (s 35);
Current sections
Direct links to the current provisions in Queensland Productivity Commission Act 2025.
64
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This Act may be cited as the Queensland Productivity Commission Act 2025 .
sec.2
Commencement
sec.2 Commencement
This Act commences on a day to be fixed by proclamation.
sec.3
Main purpose
sec.3 Main purpose
The main purpose of this Act is to establish the Queensland Productivity Commission to undertake inquiries and research and to provide independent advice to the Minister in relation to economic and social issues, regulatory matters or legislation having particular regard to productivity, economic growth and improving living standards in Queensland.
sec.4
Definitions
sec.4 Definitions
The dictionary in schedule 1 defines particular words used in this Act.
pt.2
Queensland Productivity Commission
Queensland Productivity Commission
pt.2-div.1
Establishment
Establishment
sec.5
Establishment
sec.5 Establishment
The Queensland Productivity Commission is established.
sec.6
Legal status
sec.6 Legal status
The commission—
is a body corporate; and
may sue and be sued in its corporate name.
(a) is a body corporate; and
(b) may sue and be sued in its corporate name.
sec.7
Commission represents the State
sec.7 Commission represents the State
The commission represents the State.
Without limiting subsection (1) , the commission has the status, privileges and immunities of the State.
(sec.7-ssec.1) The commission represents the State.
(sec.7-ssec.2) Without limiting subsection (1) , the commission has the status, privileges and immunities of the State.
sec.8
Application of other Acts
sec.8 Application of other Acts
The commission is—
a statutory body under the Financial Accountability Act 2009 ; and
a statutory body under the Statutory Bodies Financial Arrangements Act 1982 ; and
The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way that Act affects the commission’s powers.
a unit of public administration under the Crime and Corruption Act 2001 .
(a) a statutory body under the Financial Accountability Act 2009 ; and
(b) a statutory body under the Statutory Bodies Financial Arrangements Act 1982 ; and Note— The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way that Act affects the commission’s powers.
(c) a unit of public administration under the Crime and Corruption Act 2001 .
pt.2-div.2
Functions and powers
Functions and powers
sec.9
Functions
sec.9 Functions
The main functions of the commission are—
to undertake inquiries into economic and social issues, regulatory matters or legislation as directed by the Minister; and
to undertake research into economic and social issues, regulatory matters or legislation as directed or approved by the Minister, or on its own initiative; and
to administer, monitor and review regulatory matters as directed by the Minister; and
to provide advice to the Minister as requested.
Also, the commission has any other function given to it under this Act or another Act.
(sec.9-ssec.1) The main functions of the commission are— to undertake inquiries into economic and social issues, regulatory matters or legislation as directed by the Minister; and to undertake research into economic and social issues, regulatory matters or legislation as directed or approved by the Minister, or on its own initiative; and to administer, monitor and review regulatory matters as directed by the Minister; and to provide advice to the Minister as requested.
(sec.9-ssec.2) Also, the commission has any other function given to it under this Act or another Act.
(a) to undertake inquiries into economic and social issues, regulatory matters or legislation as directed by the Minister; and
(b) to undertake research into economic and social issues, regulatory matters or legislation as directed or approved by the Minister, or on its own initiative; and
(c) to administer, monitor and review regulatory matters as directed by the Minister; and
(d) to provide advice to the Minister as requested.
sec.10
Powers
sec.10 Powers
The commission has all the powers of an individual and may do anything necessary or convenient to be done in the performance of its functions.
Also, the commission has the powers given to it under this Act or another Act.
(sec.10-ssec.1) The commission has all the powers of an individual and may do anything necessary or convenient to be done in the performance of its functions.
(sec.10-ssec.2) Also, the commission has the powers given to it under this Act or another Act.
sec.11
Authentication of documents
sec.11 Authentication of documents
A document made by the commission is sufficiently made if it is signed by the productivity commissioner or another person authorised by the board.
pt.2-div.3
Board
Board
sec.12
Establishment
sec.12 Establishment
The board is established as the governing body of the commission.
sec.13
Functions
sec.13 Functions
The functions of the board are—
to ensure the commission performs its functions in a proper, effective and efficient way; and
any other function given to the board under this Act or another Act.
(a) to ensure the commission performs its functions in a proper, effective and efficient way; and
(b) any other function given to the board under this Act or another Act.
sec.14
Powers
sec.14 Powers
The board has all the powers to do anything necessary or convenient to be done in the performance of its functions.
Also, the board has any other power given to it under this Act or another Act.
Anything done in the name of, or for, the commission by the board is taken to have been done by the commission.
(sec.14-ssec.1) The board has all the powers to do anything necessary or convenient to be done in the performance of its functions.
(sec.14-ssec.2) Also, the board has any other power given to it under this Act or another Act.
(sec.14-ssec.3) Anything done in the name of, or for, the commission by the board is taken to have been done by the commission.
sec.15
Composition
sec.15 Composition
The board consists of at least 1 but not more than 4 persons appointed by the Governor in Council on the recommendation of the Minister.
One of the persons appointed under subsection (1) must be appointed as the productivity commissioner.
The Minister may recommend a person for appointment under subsection (1) only if the Minister is satisfied the person is appropriately qualified.
(sec.15-ssec.1) The board consists of at least 1 but not more than 4 persons appointed by the Governor in Council on the recommendation of the Minister.
(sec.15-ssec.2) One of the persons appointed under subsection (1) must be appointed as the productivity commissioner.
(sec.15-ssec.3) The Minister may recommend a person for appointment under subsection (1) only if the Minister is satisfied the person is appropriately qualified.
sec.16
Term of appointment
sec.16 Term of appointment
A commissioner holds office for the term, not longer than 3 years, stated in the commissioner’s instrument of appointment.
A person may be reappointed as a commissioner.
(sec.16-ssec.1) A commissioner holds office for the term, not longer than 3 years, stated in the commissioner’s instrument of appointment.
(sec.16-ssec.2) A person may be reappointed as a commissioner.
sec.17
Conditions of appointment
sec.17 Conditions of appointment
A commissioner is to be paid the remuneration and allowances decided by the Governor in Council.
A commissioner holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.
(sec.17-ssec.1) A commissioner is to be paid the remuneration and allowances decided by the Governor in Council.
(sec.17-ssec.2) A commissioner holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.
sec.18
Productivity commissioner
sec.18 Productivity commissioner
The Governor in Council may, on the recommendation of the Minister, appoint a commissioner to be the productivity commissioner.
A commissioner may be appointed as the productivity commissioner at the same time the person is appointed as a commissioner.
The productivity commissioner holds office for the term stated in the person’s instrument of appointment as the productivity commissioner.
However, the person’s appointment as the productivity commissioner ends if—
the person stops being a commissioner; or
the person resigns from the office of productivity commissioner by signed notice given to the Minister.
The productivity commissioner is responsible for—
managing and directing the activities of the commission; and
ensuring the board performs its functions and exercises its powers appropriately.
A commissioner may be reappointed as the productivity commissioner.
(sec.18-ssec.1) The Governor in Council may, on the recommendation of the Minister, appoint a commissioner to be the productivity commissioner.
(sec.18-ssec.2) A commissioner may be appointed as the productivity commissioner at the same time the person is appointed as a commissioner.
(sec.18-ssec.3) The productivity commissioner holds office for the term stated in the person’s instrument of appointment as the productivity commissioner.
(sec.18-ssec.4) However, the person’s appointment as the productivity commissioner ends if— the person stops being a commissioner; or the person resigns from the office of productivity commissioner by signed notice given to the Minister.
(sec.18-ssec.5) The productivity commissioner is responsible for— managing and directing the activities of the commission; and ensuring the board performs its functions and exercises its powers appropriately.
(sec.18-ssec.6) A commissioner may be reappointed as the productivity commissioner.
(a) the person stops being a commissioner; or
(b) the person resigns from the office of productivity commissioner by signed notice given to the Minister.
(a) managing and directing the activities of the commission; and
(b) ensuring the board performs its functions and exercises its powers appropriately.
sec.19
Preservation of rights
sec.19 Preservation of rights
This section applies if a person who is a public service officer is appointed as a commissioner.
The person keeps all rights accrued or accruing to the person as a public service officer as if service as a commissioner were a continuation of service as a public service officer.
At the end of the person’s term of office or resignation as a commissioner, the person’s service as a commissioner is taken to be service of a like nature in the public service for deciding the person’s rights as a public service officer.
(sec.19-ssec.1) This section applies if a person who is a public service officer is appointed as a commissioner.
(sec.19-ssec.2) The person keeps all rights accrued or accruing to the person as a public service officer as if service as a commissioner were a continuation of service as a public service officer.
(sec.19-ssec.3) At the end of the person’s term of office or resignation as a commissioner, the person’s service as a commissioner is taken to be service of a like nature in the public service for deciding the person’s rights as a public service officer.
sec.20
Disqualification
sec.20 Disqualification
A person is disqualified from becoming, or continuing as, a commissioner if the person—
is an insolvent under administration; or
is disqualified from managing corporations because of the Corporations Act , part 2D .6; or
is a staff member or contractor of the commission; or
has a conviction, other than a spent conviction, for an indictable offence; or
does not consent to the Minister requesting a report about the person’s criminal history under section 27 .
(a) is an insolvent under administration; or
(b) is disqualified from managing corporations because of the Corporations Act , part 2D .6; or
(c) is a staff member or contractor of the commission; or
(d) has a conviction, other than a spent conviction, for an indictable offence; or
(e) does not consent to the Minister requesting a report about the person’s criminal history under section 27 .
sec.21
Vacancy in office
sec.21 Vacancy in office
The office of a commissioner becomes vacant if the commissioner—
completes a term of office and is not reappointed; or
is disqualified from continuing in office under section 20 ; or
resigns by notice under section 22 ; or
is removed from office under section 23 .
(a) completes a term of office and is not reappointed; or
(b) is disqualified from continuing in office under section 20 ; or
(c) resigns by notice under section 22 ; or
(d) is removed from office under section 23 .
sec.22
Resignation
sec.22 Resignation
A commissioner may resign from office by signed notice given to the Minister.
The resignation takes effect when the Minister receives the notice or, if a later day is stated in the notice, the later day.
(sec.22-ssec.1) A commissioner may resign from office by signed notice given to the Minister.
(sec.22-ssec.2) The resignation takes effect when the Minister receives the notice or, if a later day is stated in the notice, the later day.
sec.23
Removal
sec.23 Removal
The Governor in Council may remove a commissioner from office on the recommendation of the Minister.
The Minister may recommend the commissioner’s removal only if the Minister is satisfied the commissioner—
has engaged in—
inappropriate or improper conduct in an official capacity; or
inappropriate or improper conduct in a private capacity that reflects seriously and adversely on the office; or
is incapable of performing the functions of the commissioner because of a physical or mental incapacity or for some other reason; or
has neglected, or incompetently performed, the duties of the commissioner.
This section does not limit the Acts Interpretation Act 1954 , section 25 .
(sec.23-ssec.1) The Governor in Council may remove a commissioner from office on the recommendation of the Minister.
(sec.23-ssec.2) The Minister may recommend the commissioner’s removal only if the Minister is satisfied the commissioner— has engaged in— inappropriate or improper conduct in an official capacity; or inappropriate or improper conduct in a private capacity that reflects seriously and adversely on the office; or is incapable of performing the functions of the commissioner because of a physical or mental incapacity or for some other reason; or has neglected, or incompetently performed, the duties of the commissioner.
(sec.23-ssec.3) This section does not limit the Acts Interpretation Act 1954 , section 25 .
(a) has engaged in— (i) inappropriate or improper conduct in an official capacity; or (ii) inappropriate or improper conduct in a private capacity that reflects seriously and adversely on the office; or
(i) inappropriate or improper conduct in an official capacity; or
(ii) inappropriate or improper conduct in a private capacity that reflects seriously and adversely on the office; or
(b) is incapable of performing the functions of the commissioner because of a physical or mental incapacity or for some other reason; or
(c) has neglected, or incompetently performed, the duties of the commissioner.
(i) inappropriate or improper conduct in an official capacity; or
(ii) inappropriate or improper conduct in a private capacity that reflects seriously and adversely on the office; or
sec.24
Acting commissioner
sec.24 Acting commissioner
The Minister may appoint a person to act in the office of a commissioner during—
a vacancy in the office; or
a period when the commissioner is absent from duty or can not, for another reason, perform the functions of the office.
An appointment under subsection (1) must be for a period of not longer than 6 months.
However, the Minister may extend the appointment for a further period of not longer than 6 months.
This section does not limit the Governor in Council’s power under the Acts Interpretation Act 1954 , section 25 .
(sec.24-ssec.1) The Minister may appoint a person to act in the office of a commissioner during— a vacancy in the office; or a period when the commissioner is absent from duty or can not, for another reason, perform the functions of the office.
(sec.24-ssec.2) An appointment under subsection (1) must be for a period of not longer than 6 months.
(sec.24-ssec.3) However, the Minister may extend the appointment for a further period of not longer than 6 months.
(sec.24-ssec.4) This section does not limit the Governor in Council’s power under the Acts Interpretation Act 1954 , section 25 .
(a) a vacancy in the office; or
(b) a period when the commissioner is absent from duty or can not, for another reason, perform the functions of the office.
sec.25
Disclosure of interests
sec.25 Disclosure of interests
This section applies to a commissioner if—
the commissioner has a direct or indirect financial or personal interest in a matter being considered, or about to be considered, by the board as part of the exercise of the board’s functions; and
the interest could conflict with the proper performance of the commissioner’s duties in relation to the matter.
As soon as practicable after the relevant facts come to the commissioner’s knowledge, the commissioner must disclose the nature of the interest to the Minister.
Unless the Minister directs otherwise, the commissioner must not—
perform the commissioner’s duties in relation to the matter; or
take part in a decision of the board on the matter.
A failure to make a disclosure under this section does not, of itself, invalidate a decision of the board or the commissioner.
(sec.25-ssec.1) This section applies to a commissioner if— the commissioner has a direct or indirect financial or personal interest in a matter being considered, or about to be considered, by the board as part of the exercise of the board’s functions; and the interest could conflict with the proper performance of the commissioner’s duties in relation to the matter.
(sec.25-ssec.2) As soon as practicable after the relevant facts come to the commissioner’s knowledge, the commissioner must disclose the nature of the interest to the Minister.
(sec.25-ssec.3) Unless the Minister directs otherwise, the commissioner must not— perform the commissioner’s duties in relation to the matter; or take part in a decision of the board on the matter.
(sec.25-ssec.4) A failure to make a disclosure under this section does not, of itself, invalidate a decision of the board or the commissioner.
(a) the commissioner has a direct or indirect financial or personal interest in a matter being considered, or about to be considered, by the board as part of the exercise of the board’s functions; and
(b) the interest could conflict with the proper performance of the commissioner’s duties in relation to the matter.
(a) perform the commissioner’s duties in relation to the matter; or
(b) take part in a decision of the board on the matter.
sec.26
Meetings and minutes
sec.26 Meetings and minutes
The productivity commissioner may convene meetings of the board as the productivity commissioner considers appropriate.
The productivity commissioner is to preside at all board meetings at which the productivity commissioner is present.
If the productivity commissioner is absent from a board meeting, another commissioner chosen by the commissioners present at the meeting must preside.
A board meeting may be held using any technology that reasonably allows commissioners to hear and take part in discussions as they happen.
A commissioner who takes part in a board meeting under subsection (4) is taken to be present at the meeting.
The board must keep minutes of all board meetings.
(sec.26-ssec.1) The productivity commissioner may convene meetings of the board as the productivity commissioner considers appropriate.
(sec.26-ssec.2) The productivity commissioner is to preside at all board meetings at which the productivity commissioner is present.
(sec.26-ssec.3) If the productivity commissioner is absent from a board meeting, another commissioner chosen by the commissioners present at the meeting must preside.
(sec.26-ssec.4) A board meeting may be held using any technology that reasonably allows commissioners to hear and take part in discussions as they happen.
(sec.26-ssec.5) A commissioner who takes part in a board meeting under subsection (4) is taken to be present at the meeting.
(sec.26-ssec.6) The board must keep minutes of all board meetings.
pt.2-div.4
Criminal history
Criminal history
sec.27
Criminal history report
sec.27 Criminal history report
To decide if a person is disqualified from becoming or continuing as a commissioner, the Minister may ask the police commissioner for—
a written report about the criminal history of the person; and
a brief description of the circumstances of a conviction mentioned in the criminal history.
However, the Minister may make the request only if the person has given the Minister written consent for the request.
The police commissioner must comply with the request in relation to information in the police commissioner’s possession or to which the police commissioner has access.
Before using information obtained under this section, the Minister must—
disclose the information to the person; and
allow the person a reasonable opportunity to make representations to the Minister about the information.
(sec.27-ssec.1) To decide if a person is disqualified from becoming or continuing as a commissioner, the Minister may ask the police commissioner for— a written report about the criminal history of the person; and a brief description of the circumstances of a conviction mentioned in the criminal history.
(sec.27-ssec.2) However, the Minister may make the request only if the person has given the Minister written consent for the request.
(sec.27-ssec.3) The police commissioner must comply with the request in relation to information in the police commissioner’s possession or to which the police commissioner has access.
(sec.27-ssec.4) Before using information obtained under this section, the Minister must— disclose the information to the person; and allow the person a reasonable opportunity to make representations to the Minister about the information.
(a) a written report about the criminal history of the person; and
(b) a brief description of the circumstances of a conviction mentioned in the criminal history.
(a) disclose the information to the person; and
(b) allow the person a reasonable opportunity to make representations to the Minister about the information.
sec.28
Changes in criminal history must be disclosed
sec.28 Changes in criminal history must be disclosed
This section applies if a person who is a commissioner is convicted of an indictable offence.
The person must, unless the person has a reasonable excuse, immediately give notice of the conviction to the Minister under this section.
Maximum penalty—100 penalty units.
The notice must state—
the existence of the conviction; and
when the offence was committed; and
details adequate to identify the offence; and
the sentence imposed on the person.
(sec.28-ssec.1) This section applies if a person who is a commissioner is convicted of an indictable offence.
(sec.28-ssec.2) The person must, unless the person has a reasonable excuse, immediately give notice of the conviction to the Minister under this section. Maximum penalty—100 penalty units.
(sec.28-ssec.3) The notice must state— the existence of the conviction; and when the offence was committed; and details adequate to identify the offence; and the sentence imposed on the person.
(a) the existence of the conviction; and
(b) when the offence was committed; and
(c) details adequate to identify the offence; and
(d) the sentence imposed on the person.
sec.29
Confidentiality of criminal history information
sec.29 Confidentiality of criminal history information
This section applies to a person who possesses criminal history information because the person is or has been a commissioner or another person involved in administering this Act, including, for example, a public service employee.
The person must not use or, directly or indirectly, disclose to another person the criminal history information unless the use or disclosure is permitted under subsection (3) .
Maximum penalty—100 penalty units.
The person may use or disclose to another person the criminal history information if the use or disclosure is—
in the performance of a function or exercise of a power under this Act; or
otherwise required or permitted by law; or
with the consent of the person to whom the criminal history information relates.
A person who possesses a report given to the Minister under section 27 or a notice given to the Minister under section 28 must ensure the report or notice is destroyed as soon as practicable after it is no longer needed for the purpose for which it was given.
In this section—
criminal history information means information contained in—
a report given to the Minister under section 27 ; or
a notice given to the Minister under section 28 .
disclose includes give access to.
(sec.29-ssec.1) This section applies to a person who possesses criminal history information because the person is or has been a commissioner or another person involved in administering this Act, including, for example, a public service employee.
(sec.29-ssec.2) The person must not use or, directly or indirectly, disclose to another person the criminal history information unless the use or disclosure is permitted under subsection (3) . Maximum penalty—100 penalty units.
(sec.29-ssec.3) The person may use or disclose to another person the criminal history information if the use or disclosure is— in the performance of a function or exercise of a power under this Act; or otherwise required or permitted by law; or with the consent of the person to whom the criminal history information relates.
(sec.29-ssec.4) A person who possesses a report given to the Minister under section 27 or a notice given to the Minister under section 28 must ensure the report or notice is destroyed as soon as practicable after it is no longer needed for the purpose for which it was given.
(sec.29-ssec.5) In this section— criminal history information means information contained in— a report given to the Minister under section 27 ; or a notice given to the Minister under section 28 . disclose includes give access to.
(a) in the performance of a function or exercise of a power under this Act; or
(b) otherwise required or permitted by law; or
(c) with the consent of the person to whom the criminal history information relates.
(a) a report given to the Minister under section 27 ; or
(b) a notice given to the Minister under section 28 .
pt.2-div.5
Staff
Staff
sec.30
Staff of commission
sec.30 Staff of commission
The commission may employ the staff it considers appropriate to perform its functions.
Staff are to be employed under this Act and not the Public Sector Act 2022 .
A staff member is not subject to direction by any person, other than a commissioner or a person authorised by a commissioner, about the way in which the commission’s functions are to be performed.
(sec.30-ssec.1) The commission may employ the staff it considers appropriate to perform its functions.
(sec.30-ssec.2) Staff are to be employed under this Act and not the Public Sector Act 2022 .
(sec.30-ssec.3) A staff member is not subject to direction by any person, other than a commissioner or a person authorised by a commissioner, about the way in which the commission’s functions are to be performed.
pt.2-div.6
Miscellaneous
Miscellaneous
sec.31
Committees
sec.31 Committees
The commission may establish committees to assist in the performance of the commission’s functions.
The commission may decide the membership and functions of a committee it establishes.
Subject to the directions of the board, a committee may conduct its proceedings, including its meetings, as it considers appropriate.
(sec.31-ssec.1) The commission may establish committees to assist in the performance of the commission’s functions.
(sec.31-ssec.2) The commission may decide the membership and functions of a committee it establishes.
(sec.31-ssec.3) Subject to the directions of the board, a committee may conduct its proceedings, including its meetings, as it considers appropriate.
pt.3
Inquiries, research and administration of regulatory matters under a direction
Inquiries, research and administration of regulatory matters under a direction
pt.3-div.1
Preliminary
Preliminary
sec.32
Application of part
sec.32 Application of part
This part applies if a direction is given by the Minister under section 38 to the commission—
to undertake an inquiry into a stated economic or social issue, regulatory matter or legislation; or
to undertake research into, and give advice about, stated economic or social issues, regulatory matters or legislation; or
to administer, monitor or review a stated regulatory matter.
(a) to undertake an inquiry into a stated economic or social issue, regulatory matter or legislation; or
(b) to undertake research into, and give advice about, stated economic or social issues, regulatory matters or legislation; or
(c) to administer, monitor or review a stated regulatory matter.
pt.3-div.2
Inquiries and research
Inquiries and research
sec.33
Public consultation required for inquiry
sec.33 Public consultation required for inquiry
If the direction is a direction mentioned in section 32 (a) , the commission must undertake public consultation in relation to the inquiry.
This section is subject to any requirements about the type of public consultation required under the direction.
(sec.33-ssec.1) If the direction is a direction mentioned in section 32 (a) , the commission must undertake public consultation in relation to the inquiry.
(sec.33-ssec.2) This section is subject to any requirements about the type of public consultation required under the direction.
sec.34
Minister’s response to and public availability of report for inquiry
sec.34 Minister’s response to and public availability of report for inquiry
This section applies if the commission gives the Minister a report about an inquiry undertaken by the commission.
The Minister must give the commission a written response to the report within 3 months after receiving the report.
As soon as practicable after receiving the Minister’s response, the commission must publish the report on the commission’s website.
(sec.34-ssec.1) This section applies if the commission gives the Minister a report about an inquiry undertaken by the commission.
(sec.34-ssec.2) The Minister must give the commission a written response to the report within 3 months after receiving the report.
(sec.34-ssec.3) As soon as practicable after receiving the Minister’s response, the commission must publish the report on the commission’s website.
sec.35
Power to require information for inquiries and research
sec.35 Power to require information for inquiries and research
This section applies if the direction is a direction mentioned in section 32 (a) or (b) .
The commission may, by notice given to a relevant entity, require the entity—
to give the commission a copy of related information on or before a stated reasonable day; or
to make related information available for inspection by the commission at a stated reasonable time and place.
The relevant entity must comply with the notice.
However, the relevant entity may refuse to comply with the notice to the extent—
the related information is subject to legal professional privilege, parliamentary privilege or public interest immunity; or
complying with the notice is prohibited under an Act; or
complying with the notice could reasonably be expected to prejudice the investigation of a contravention, or possible contravention, of a law.
The relevant entity is not liable for a breach of a contract, confidence or duty for giving the commission a copy of the related information, or making the related information available for inspection by the commission, as required by the notice.
In this section—
government agency —
means—
a department; or
an agency, authority, commission, corporation, instrumentality, office, or other entity, established under an Act or under State authorisation for a public or State purpose; or
a part of an entity mentioned in subparagraph (ii) ; or
a corporation incorporated under the Corporations Act all the stocks or shares in the capital of which are ultimately or beneficially owned by the State or an entity mentioned in any of subparagraphs (i) to (iii) ; but
does not include a local government.
local government company means—
a corporation owned by a local government; or
a subsidiary of a corporation owned by a local government under the Corporations Act , section 9 .
related information , for a relevant entity, means a document or other information that—
is in the possession or under the control of the entity; and
relates to the entity or a business carried out by the entity; and
is relevant to the matter the subject of the direction mentioned in section 32 (a) or (b) .
relevant entity means—
a government agency; or
a local government; or
a local government company.
(sec.35-ssec.1) This section applies if the direction is a direction mentioned in section 32 (a) or (b) .
(sec.35-ssec.2) The commission may, by notice given to a relevant entity, require the entity— to give the commission a copy of related information on or before a stated reasonable day; or to make related information available for inspection by the commission at a stated reasonable time and place.
(sec.35-ssec.3) The relevant entity must comply with the notice.
(sec.35-ssec.4) However, the relevant entity may refuse to comply with the notice to the extent— the related information is subject to legal professional privilege, parliamentary privilege or public interest immunity; or complying with the notice is prohibited under an Act; or complying with the notice could reasonably be expected to prejudice the investigation of a contravention, or possible contravention, of a law.
(sec.35-ssec.5) The relevant entity is not liable for a breach of a contract, confidence or duty for giving the commission a copy of the related information, or making the related information available for inspection by the commission, as required by the notice.
(sec.35-ssec.6) In this section— government agency — means— a department; or an agency, authority, commission, corporation, instrumentality, office, or other entity, established under an Act or under State authorisation for a public or State purpose; or a part of an entity mentioned in subparagraph (ii) ; or a corporation incorporated under the Corporations Act all the stocks or shares in the capital of which are ultimately or beneficially owned by the State or an entity mentioned in any of subparagraphs (i) to (iii) ; but does not include a local government. local government company means— a corporation owned by a local government; or a subsidiary of a corporation owned by a local government under the Corporations Act , section 9 . related information , for a relevant entity, means a document or other information that— is in the possession or under the control of the entity; and relates to the entity or a business carried out by the entity; and is relevant to the matter the subject of the direction mentioned in section 32 (a) or (b) . relevant entity means— a government agency; or a local government; or a local government company.
(a) to give the commission a copy of related information on or before a stated reasonable day; or
(b) to make related information available for inspection by the commission at a stated reasonable time and place.
(a) the related information is subject to legal professional privilege, parliamentary privilege or public interest immunity; or
(b) complying with the notice is prohibited under an Act; or
(c) complying with the notice could reasonably be expected to prejudice the investigation of a contravention, or possible contravention, of a law.
(a) means— (i) a department; or (ii) an agency, authority, commission, corporation, instrumentality, office, or other entity, established under an Act or under State authorisation for a public or State purpose; or (iii) a part of an entity mentioned in subparagraph (ii) ; or (iv) a corporation incorporated under the Corporations Act all the stocks or shares in the capital of which are ultimately or beneficially owned by the State or an entity mentioned in any of subparagraphs (i) to (iii) ; but
(i) a department; or
(ii) an agency, authority, commission, corporation, instrumentality, office, or other entity, established under an Act or under State authorisation for a public or State purpose; or
(iii) a part of an entity mentioned in subparagraph (ii) ; or
(iv) a corporation incorporated under the Corporations Act all the stocks or shares in the capital of which are ultimately or beneficially owned by the State or an entity mentioned in any of subparagraphs (i) to (iii) ; but
(b) does not include a local government.
(i) a department; or
(ii) an agency, authority, commission, corporation, instrumentality, office, or other entity, established under an Act or under State authorisation for a public or State purpose; or
(iii) a part of an entity mentioned in subparagraph (ii) ; or
(iv) a corporation incorporated under the Corporations Act all the stocks or shares in the capital of which are ultimately or beneficially owned by the State or an entity mentioned in any of subparagraphs (i) to (iii) ; but
(a) a corporation owned by a local government; or
(b) a subsidiary of a corporation owned by a local government under the Corporations Act , section 9 .
(a) is in the possession or under the control of the entity; and
(b) relates to the entity or a business carried out by the entity; and
(c) is relevant to the matter the subject of the direction mentioned in section 32 (a) or (b) .
(a) a government agency; or
(b) a local government; or
(c) a local government company.
pt.3-div.3
Regulatory matters
Regulatory matters
sec.36
Publication of particular matters
sec.36 Publication of particular matters
If the direction is a direction mentioned in section 32 (c) , the commission must publish on the commission’s website any guidelines, procedures or other documents developed in relation to the regulatory matter.
pt.4
Research conducted on commission’s own initiative
Research conducted on commission’s own initiative
sec.37
Undertaking research on commission’s initiative
sec.37 Undertaking research on commission’s initiative
The commission may, on its own initiative, undertake research into a matter relating to economic and social issues, regulatory matters or legislation.
Subsection (3) applies if the commission intends to publish the results of the research (the proposed research ).
Before undertaking the proposed research, the commission must give the Minister notice of its decision (a research proposal ) to undertake the proposed research.
A research proposal must include sufficient information about the proposed research to enable the Minister to decide whether the proposed research is—
relevant to economic or social issues, regulatory matters or legislation; and
suitable to be undertaken by the commission.
After receiving the research proposal, the Minister must—
consider the proposed research; and
decide whether to approve or refuse the commission undertaking the proposed research.
In deciding whether to approve the proposed research, the Minister may amend the research proposal.
The Minister must give the commission notice of the Minister’s decision.
If the Minister approves the proposed research, or amended proposed research, the commission may—
undertake the research and prepare a report on the research; and
publish the report on the commission’s website.
Also, the commission must give the chief executive a copy of the report at least 10 business days before the commission publishes the report.
The commission must not publish any research undertaken on its own initiative unless the research has been approved by the Minister under this section.
(sec.37-ssec.1) The commission may, on its own initiative, undertake research into a matter relating to economic and social issues, regulatory matters or legislation.
(sec.37-ssec.2) Subsection (3) applies if the commission intends to publish the results of the research (the proposed research ).
(sec.37-ssec.3) Before undertaking the proposed research, the commission must give the Minister notice of its decision (a research proposal ) to undertake the proposed research.
(sec.37-ssec.4) A research proposal must include sufficient information about the proposed research to enable the Minister to decide whether the proposed research is— relevant to economic or social issues, regulatory matters or legislation; and suitable to be undertaken by the commission.
(sec.37-ssec.5) After receiving the research proposal, the Minister must— consider the proposed research; and decide whether to approve or refuse the commission undertaking the proposed research.
(sec.37-ssec.6) In deciding whether to approve the proposed research, the Minister may amend the research proposal.
(sec.37-ssec.7) The Minister must give the commission notice of the Minister’s decision.
(sec.37-ssec.8) If the Minister approves the proposed research, or amended proposed research, the commission may— undertake the research and prepare a report on the research; and publish the report on the commission’s website.
(sec.37-ssec.9) Also, the commission must give the chief executive a copy of the report at least 10 business days before the commission publishes the report.
(sec.37-ssec.10) The commission must not publish any research undertaken on its own initiative unless the research has been approved by the Minister under this section.
(a) relevant to economic or social issues, regulatory matters or legislation; and
(b) suitable to be undertaken by the commission.
(a) consider the proposed research; and
(b) decide whether to approve or refuse the commission undertaking the proposed research.
(a) undertake the research and prepare a report on the research; and
(b) publish the report on the commission’s website.
pt.5
Miscellaneous provisions
Miscellaneous provisions
sec.38
Ministerial directions
sec.38 Ministerial directions
The Minister may give the commission a written direction about the performance of its functions or the exercise of its powers if the Minister is satisfied it is reasonably necessary to give the direction.
Without limiting subsection (1) , the Minister may give the commission a direction under that subsection—
to give the Minister, or publish, stated reports, advice or information within a stated period; or
to have regard to particular matters in complying with the direction; or
to undertake a particular type of public consultation in undertaking a stated inquiry.
The direction can not be about the content of any advice or recommendation given by the commission.
If a direction is given under subsection (1) , the commission must—
comply with the direction; and
publish a copy of the direction on the commission’s website.
(sec.38-ssec.1) The Minister may give the commission a written direction about the performance of its functions or the exercise of its powers if the Minister is satisfied it is reasonably necessary to give the direction.
(sec.38-ssec.2) Without limiting subsection (1) , the Minister may give the commission a direction under that subsection— to give the Minister, or publish, stated reports, advice or information within a stated period; or to have regard to particular matters in complying with the direction; or to undertake a particular type of public consultation in undertaking a stated inquiry.
(sec.38-ssec.3) The direction can not be about the content of any advice or recommendation given by the commission.
(sec.38-ssec.4) If a direction is given under subsection (1) , the commission must— comply with the direction; and publish a copy of the direction on the commission’s website.
(a) to give the Minister, or publish, stated reports, advice or information within a stated period; or
(b) to have regard to particular matters in complying with the direction; or
(c) to undertake a particular type of public consultation in undertaking a stated inquiry.
(a) comply with the direction; and
(b) publish a copy of the direction on the commission’s website.
sec.39
Use or disclosure of confidential information
sec.39 Use or disclosure of confidential information
This section applies to a person who—
is or has been—
the Minister; or
a commissioner; or
a member of staff or a contractor of the commission; or
any other person performing functions under or relating to the administration of this Act, including, for example, a public service employee; and
in that capacity, has acquired or has access to confidential information about another person.
The person must not disclose the confidential information to anyone else, or use the information, other than under this section.
Maximum penalty—100 penalty units.
The person may disclose or use the confidential information—
to the extent the disclosure or use is—
necessary to perform the person’s functions under or relating to this Act; or
otherwise required or permitted under this Act or another law; or
with the consent of the person to whom the information relates; or
to the extent the disclosure or use—
does not identify the person to whom the information relates; and
does not allow the identity of the person to be reasonably ascertained; or
in compliance with a lawful process requiring production of documents to, or giving evidence before, a court or tribunal.
In this section—
disclose includes give access to.
information includes a document.
(sec.39-ssec.1) This section applies to a person who— is or has been— the Minister; or a commissioner; or a member of staff or a contractor of the commission; or any other person performing functions under or relating to the administration of this Act, including, for example, a public service employee; and in that capacity, has acquired or has access to confidential information about another person.
(sec.39-ssec.2) The person must not disclose the confidential information to anyone else, or use the information, other than under this section. Maximum penalty—100 penalty units.
(sec.39-ssec.3) The person may disclose or use the confidential information— to the extent the disclosure or use is— necessary to perform the person’s functions under or relating to this Act; or otherwise required or permitted under this Act or another law; or with the consent of the person to whom the information relates; or to the extent the disclosure or use— does not identify the person to whom the information relates; and does not allow the identity of the person to be reasonably ascertained; or in compliance with a lawful process requiring production of documents to, or giving evidence before, a court or tribunal.
(sec.39-ssec.4) In this section— disclose includes give access to. information includes a document.
(a) is or has been— (i) the Minister; or (ii) a commissioner; or (iii) a member of staff or a contractor of the commission; or (iv) any other person performing functions under or relating to the administration of this Act, including, for example, a public service employee; and
(i) the Minister; or
(ii) a commissioner; or
(iii) a member of staff or a contractor of the commission; or
(iv) any other person performing functions under or relating to the administration of this Act, including, for example, a public service employee; and
(b) in that capacity, has acquired or has access to confidential information about another person.
(i) the Minister; or
(ii) a commissioner; or
(iii) a member of staff or a contractor of the commission; or
(iv) any other person performing functions under or relating to the administration of this Act, including, for example, a public service employee; and
(a) to the extent the disclosure or use is— (i) necessary to perform the person’s functions under or relating to this Act; or (ii) otherwise required or permitted under this Act or another law; or
(i) necessary to perform the person’s functions under or relating to this Act; or
(ii) otherwise required or permitted under this Act or another law; or
(b) with the consent of the person to whom the information relates; or
(c) to the extent the disclosure or use— (i) does not identify the person to whom the information relates; and (ii) does not allow the identity of the person to be reasonably ascertained; or
(i) does not identify the person to whom the information relates; and
(ii) does not allow the identity of the person to be reasonably ascertained; or
(d) in compliance with a lawful process requiring production of documents to, or giving evidence before, a court or tribunal.
(i) necessary to perform the person’s functions under or relating to this Act; or
(ii) otherwise required or permitted under this Act or another law; or
(i) does not identify the person to whom the information relates; and
(ii) does not allow the identity of the person to be reasonably ascertained; or
sec.40
Annual report
sec.40 Annual report
This section applies to an annual report the commission is required to prepare and give the Minister under the Financial Accountability Act 2009 , section 63 .
The annual report must include—
details of the functions performed by the commission during the year; and
information about how efficiently and effectively the commission performed the commission’s functions, including, for example, identifying key achievements and financial and non-financial performance; and
details of any direction given under section 38 during the year.
The board must approve the report before it is given to the Minister.
The report must not disclose confidential information without the consent of the person to whom the information relates.
(sec.40-ssec.1) This section applies to an annual report the commission is required to prepare and give the Minister under the Financial Accountability Act 2009 , section 63 .
(sec.40-ssec.2) The annual report must include— details of the functions performed by the commission during the year; and information about how efficiently and effectively the commission performed the commission’s functions, including, for example, identifying key achievements and financial and non-financial performance; and details of any direction given under section 38 during the year.
(sec.40-ssec.3) The board must approve the report before it is given to the Minister.
(sec.40-ssec.4) The report must not disclose confidential information without the consent of the person to whom the information relates.
(a) details of the functions performed by the commission during the year; and
(b) information about how efficiently and effectively the commission performed the commission’s functions, including, for example, identifying key achievements and financial and non-financial performance; and
(c) details of any direction given under section 38 during the year.
sec.41
Other reporting requirements
sec.41 Other reporting requirements
The commission must, if requested by the Minister—
keep the Minister reasonably informed about the functions performed and powers exercised by the commission; and
comply with a reasonable request by the Minister to give the Minister stated information at a stated time about the functions performed or powers exercised by the commission.
(a) keep the Minister reasonably informed about the functions performed and powers exercised by the commission; and
(b) comply with a reasonable request by the Minister to give the Minister stated information at a stated time about the functions performed or powers exercised by the commission.
sec.42
Delegations
sec.42 Delegations
The board may delegate any of its functions to—
a commissioner; or
an appropriately qualified member of the commission’s staff.
In this section—
function includes power.
(sec.42-ssec.1) The board may delegate any of its functions to— a commissioner; or an appropriately qualified member of the commission’s staff.
(sec.42-ssec.2) In this section— function includes power.
(a) a commissioner; or
(b) an appropriately qualified member of the commission’s staff.
sec.43
Protection from liability
sec.43 Protection from liability
An official does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.
If subsection (1) prevents a civil liability attaching to the official, the liability instead attaches to the State.
This section does not apply to an official if the official is a prescribed person within the meaning of the Public Sector Act 2022 , section 267 .
For protection from civil liability in relation to prescribed persons, see the Public Sector Act 2022 , section 269 .
In this section—
official means—
the Minister; or
a commissioner; or
a member of the commission’s staff.
(sec.43-ssec.1) An official does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.
(sec.43-ssec.2) If subsection (1) prevents a civil liability attaching to the official, the liability instead attaches to the State.
(sec.43-ssec.3) This section does not apply to an official if the official is a prescribed person within the meaning of the Public Sector Act 2022 , section 267 . For protection from civil liability in relation to prescribed persons, see the Public Sector Act 2022 , section 269 .
(sec.43-ssec.4) In this section— official means— the Minister; or a commissioner; or a member of the commission’s staff.
(a) the Minister; or
(b) a commissioner; or
(c) a member of the commission’s staff.
sec.44
Approved forms
sec.44 Approved forms
The commission may approve forms for use under this Act.
sec.45
Regulation-making power
sec.45 Regulation-making power
The Governor in Council may make regulations under this Act.
pt.6
Transitional provisions
Transitional provisions
sec.46
Definition for part
sec.46 Definition for part
In this part—
transferring employee see section 47(1).
sec.47
Transfer of employees
sec.47 Transfer of employees
This section applies to a person (a transferring employee ) who, immediately before the commencement, was—
a public service employee employed by the department; and
mentioned in a register of transferees approved by the chief executive.
Subject to subsections (3) to (5) and section 48, the transferring employee becomes a member of the commission’s staff as if the person had been employed under section 30.
To the extent an industrial instrument applied in relation to the transferring employee immediately before the commencement, the instrument is taken to apply to the commission in place of the department.
To the extent a fixed term contract was in effect in relation to the transferring employee immediately before the commencement, nothing in this part affects the operation of the fixed term contract.
The transfer of the transferring employee’s employment to the commission does not—
affect the employee’s benefits, entitlements or remuneration; or
prejudice the employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or
interrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or
constitute a termination of employment by the department or a retrenchment or redundancy; or
entitle the employee to a payment or other benefit from the State because the employee is no longer employed by the department.
Subsection (3) stops applying if an industrial instrument is made after the commencement that applies to the transferring employee and the commission.
In this section—
industrial instrument see the Industrial Relations Act 2016 , schedule 5.
(sec.47-ssec.1) This section applies to a person (a transferring employee ) who, immediately before the commencement, was— a public service employee employed by the department; and mentioned in a register of transferees approved by the chief executive.
(sec.47-ssec.2) Subject to subsections (3) to (5) and section 48, the transferring employee becomes a member of the commission’s staff as if the person had been employed under section 30.
(sec.47-ssec.3) To the extent an industrial instrument applied in relation to the transferring employee immediately before the commencement, the instrument is taken to apply to the commission in place of the department.
(sec.47-ssec.4) To the extent a fixed term contract was in effect in relation to the transferring employee immediately before the commencement, nothing in this part affects the operation of the fixed term contract.
(sec.47-ssec.5) The transfer of the transferring employee’s employment to the commission does not— affect the employee’s benefits, entitlements or remuneration; or prejudice the employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or interrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or constitute a termination of employment by the department or a retrenchment or redundancy; or entitle the employee to a payment or other benefit from the State because the employee is no longer employed by the department.
(sec.47-ssec.6) Subsection (3) stops applying if an industrial instrument is made after the commencement that applies to the transferring employee and the commission.
(sec.47-ssec.7) In this section— industrial instrument see the Industrial Relations Act 2016 , schedule 5.
(a) a public service employee employed by the department; and
(b) mentioned in a register of transferees approved by the chief executive.
(a) affect the employee’s benefits, entitlements or remuneration; or
(b) prejudice the employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or
(c) interrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or
(d) constitute a termination of employment by the department or a retrenchment or redundancy; or
(e) entitle the employee to a payment or other benefit from the State because the employee is no longer employed by the department.
sec.48
Application of directives to transferring employees
sec.48 Application of directives to transferring employees
This section applies if an existing directive applied to a transferring employee immediately before the commencement.
The existing directive continues to apply to the transferring employee until the directive is revoked or replaced by a directive made after the commencement.
To the extent a change to the existing directive takes effect after the commencement, the change applies for the purposes of the directive’s application under subsection (2).
The Public Sector Act 2022 , sections 228 and 229, apply in relation to the existing directive.
In this section—
directive see the Public Sector Act 2022 , schedule 2.
existing directive means—
a directive; or
a continued directive under the Public Sector Act 2022 , section 307 or 308.
(sec.48-ssec.1) This section applies if an existing directive applied to a transferring employee immediately before the commencement.
(sec.48-ssec.2) The existing directive continues to apply to the transferring employee until the directive is revoked or replaced by a directive made after the commencement.
(sec.48-ssec.3) To the extent a change to the existing directive takes effect after the commencement, the change applies for the purposes of the directive’s application under subsection (2).
(sec.48-ssec.4) The Public Sector Act 2022 , sections 228 and 229, apply in relation to the existing directive.
(sec.48-ssec.5) In this section— directive see the Public Sector Act 2022 , schedule 2. existing directive means— a directive; or a continued directive under the Public Sector Act 2022 , section 307 or 308.
(a) a directive; or
(b) a continued directive under the Public Sector Act 2022 , section 307 or 308.
sec.49
Transfer of particular records to commission
sec.49 Transfer of particular records to commission
On the commencement, the chief executive must give each relevant public record to the commission.
For subsection (1), a relevant public record is a public record that—
was held by the department immediately before the commencement; and
is any of the following—
a public record related to a transferring employee;
a public record that was, on the abolition of the Queensland Productivity Commission under the repealed Queensland Productivity Commission Act 2015 , transferred to the department;
a public record related to the administration of regulatory best practice policies;
a public record related to any other activity that was, immediately before the commencement, carried out by the administrative unit within the department known as the Office of Productivity and Red Tape Reduction and that relates to a function to be performed by the commission after the commencement;
any other public record related to a function to be performed by the commission after the commencement.
This section does not limit the application of the Public Records Act 2023 in relation to a relevant public record.
In this section—
public record see the Public Records Act 2023 , section 9.
(sec.49-ssec.1) On the commencement, the chief executive must give each relevant public record to the commission.
(sec.49-ssec.2) For subsection (1), a relevant public record is a public record that— was held by the department immediately before the commencement; and is any of the following— a public record related to a transferring employee; a public record that was, on the abolition of the Queensland Productivity Commission under the repealed Queensland Productivity Commission Act 2015 , transferred to the department; a public record related to the administration of regulatory best practice policies; a public record related to any other activity that was, immediately before the commencement, carried out by the administrative unit within the department known as the Office of Productivity and Red Tape Reduction and that relates to a function to be performed by the commission after the commencement; any other public record related to a function to be performed by the commission after the commencement.
(sec.49-ssec.3) This section does not limit the application of the Public Records Act 2023 in relation to a relevant public record.
(sec.49-ssec.4) In this section— public record see the Public Records Act 2023 , section 9.
(a) was held by the department immediately before the commencement; and
(b) is any of the following— (i) a public record related to a transferring employee; (ii) a public record that was, on the abolition of the Queensland Productivity Commission under the repealed Queensland Productivity Commission Act 2015 , transferred to the department; (iii) a public record related to the administration of regulatory best practice policies; (iv) a public record related to any other activity that was, immediately before the commencement, carried out by the administrative unit within the department known as the Office of Productivity and Red Tape Reduction and that relates to a function to be performed by the commission after the commencement; (v) any other public record related to a function to be performed by the commission after the commencement.
(i) a public record related to a transferring employee;
(ii) a public record that was, on the abolition of the Queensland Productivity Commission under the repealed Queensland Productivity Commission Act 2015 , transferred to the department;
(iii) a public record related to the administration of regulatory best practice policies;
(iv) a public record related to any other activity that was, immediately before the commencement, carried out by the administrative unit within the department known as the Office of Productivity and Red Tape Reduction and that relates to a function to be performed by the commission after the commencement;
(v) any other public record related to a function to be performed by the commission after the commencement.
(i) a public record related to a transferring employee;
(ii) a public record that was, on the abolition of the Queensland Productivity Commission under the repealed Queensland Productivity Commission Act 2015 , transferred to the department;
(iii) a public record related to the administration of regulatory best practice policies;
(iv) a public record related to any other activity that was, immediately before the commencement, carried out by the administrative unit within the department known as the Office of Productivity and Red Tape Reduction and that relates to a function to be performed by the commission after the commencement;
(v) any other public record related to a function to be performed by the commission after the commencement.
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This Act may be cited as the Queensland Productivity Commission Act 2025 .
sec.2 Commencement
sec.2 Commencement
This Act commences on a day to be fixed by proclamation.
sec.3 Main purpose
sec.3 Main purpose
The main purpose of this Act is to establish the Queensland Productivity Commission to undertake inquiries and research and to provide independent advice to the Minister in relation to economic and social issues, regulatory matters or legislation having particular regard to productivity, economic growth and improving living standards in Queensland.
sec.4 Definitions
sec.4 Definitions
The dictionary in schedule 1 defines particular words used in this Act.
pt.2 Queensland Productivity Commission
Queensland Productivity Commission
pt.2-div.1 Establishment
Establishment
sec.5 Establishment
sec.5 Establishment
The Queensland Productivity Commission is established.
sec.6 Legal status
sec.6 Legal status
The commission—
is a body corporate; and
may sue and be sued in its corporate name.
(a) is a body corporate; and
(b) may sue and be sued in its corporate name.
sec.7 Commission represents the State
sec.7 Commission represents the State
The commission represents the State.
Without limiting subsection (1) , the commission has the status, privileges and immunities of the State.
(sec.7-ssec.1) The commission represents the State.
(sec.7-ssec.2) Without limiting subsection (1) , the commission has the status, privileges and immunities of the State.
sec.8 Application of other Acts
sec.8 Application of other Acts
The commission is—
a statutory body under the Financial Accountability Act 2009 ; and
a statutory body under the Statutory Bodies Financial Arrangements Act 1982 ; and
The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way that Act affects the commission’s powers.
a unit of public administration under the Crime and Corruption Act 2001 .
(a) a statutory body under the Financial Accountability Act 2009 ; and
(b) a statutory body under the Statutory Bodies Financial Arrangements Act 1982 ; and Note— The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way that Act affects the commission’s powers.
sets security, confidentiality and criminal-history related controls for commissioners and persons handling criminal-history information, with specified penalties (ss 27-29, 39);
provides transitional arrangements for staff and records transferred from the department and for continuation of specified directives and industrial instruments (secs 46-49).
The Act builds a statutory research and advisory body that is institutionally within the State framework for finance, records and corruption oversight, but operationally subject both to internal independence (staff employed under this Act, not the Public Sector Act 2022, and staff may only be directed by commissioners) and to external Ministerial oversight (direction power at s 38 and approval rights over commission‑initiated publications at s 37). The Act balances a degree of operational autonomy with mechanisms for ministerial control over what the commission is asked to do, timelines for delivery, and the publication of certain material. The precise balance of influence depends on the Minister’s exercise of recommendation and direction powers, and on procedural constraints the Act imposes on the commission when it acts on its own initiative.
Main concepts
Primary institutional concepts in the Act are the commission itself, the board and productivity commissioner, Ministerial directions, two modes of work (Minister‑directed activity and commissioner‑initiated research), compulsory information powers targeting public sector entities, confidentiality protections, and transitional arrangements.
The commission’s remit is both advisory and operational. Its “main functions” are to undertake inquiries, undertake research (directed, approved or on its own initiative), administer/monitor/review regulatory matters as directed, and provide advice to the Minister on request (s 9). The Act also explicitly preserves any other function conferred by this Act or another Act (s 9(2)).
Governance is concentrated in a small board, between 1 and 4 members, appointed by the Governor in Council on the Minister’s recommendation, with one member designated the productivity commissioner who manages and directs the commission’s activities (ss 15, 18). Commissioners serve for terms up to 3 years and may be reappointed (s 16). Appointment terms, remuneration and other conditions are decided by the Governor in Council (s 17). The board has the statutory task of ensuring the commission performs its functions properly, effectively and efficiently (s 13), and may delegate functions to a commissioner or appropriately qualified staff member (s 42).
The Act distinguishes two operational pathways:
Minister‑directed pathway, governed by Part 3, where the Minister gives a written direction under s 38 to undertake an inquiry, research, or to administer regulatory matters. For inquiries, public consultation is mandatory unless the direction sets different requirements (s 33). The commission may require information from specified public sector entities for Minister‑directed inquiries or research, with limited statutory exceptions for refusal (s 35). When administering regulatory matters under direction, the commission must publish any guidelines, procedures or other documents developed (s 36). After an inquiry report is provided to the Minister, the Minister must give a written response within three months, and the commission must publish the report after receiving that response (s 34).
Commission‑initiated pathway, in which the commission may undertake research on its own initiative, but must notify the Minister of a proposed publication, supply sufficient information to enable a decision on relevance and suitability, and must obtain the Minister’s approval to publish. The Minister may amend an approved research proposal. If approved, the commission may publish and must give the chief executive a copy at least 10 business days before publication (s 37).
The Act also creates criminal history and disclosure processes for commissioners. The Minister may request a police report subject to the person’s written consent, must disclose that material to the person before using it, and allow reasonable opportunity to make representations (s 27). Commissioners must notify the Minister of any conviction for an indictable offence, with a maximum penalty of 100 penalty units for failure to do so (s 28). There are separate confidentiality offences concerning criminal‑history information and general confidential information acquired in the course of functions under the Act, each carrying a maximum penalty of 100 penalty units (ss 29, 39).
Staff are employed under this Act and are specifically not employed under the Public Sector Act 2022 (s 30). Staff may only be directed about how to perform the commission’s functions by a commissioner or a person authorised by a commissioner (s 30(3)). The commission may establish committees and decide their membership and functions, subject to board directions (s 31). Transition provisions transfer specified employees and public records from the department to the commission on commencement, and preserve accrued entitlements and continuity of service for transferring employees (secs 47-49).
Several cross‑statutory links are explicit: the commission is a statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982, and a unit of public administration under the Crime and Corruption Act 2001 (s 8); the Act references the Public Sector Act 2022 in relation to prescribed persons for civil liability protections (s 43); it cites the Public Records Act 2023 for the definition of public record in transitional provisions (s 49); and it preserves powers under the Acts Interpretation Act 1954 in relation to removal and acting appointments (ss 23, 24).
Who it affects
Directly affected actors and entities include commissioners, the board, the Minister, the Governor in Council, commission staff and contractors, government agencies and parts of the public service, local governments and local government companies, and certain public records and transferring employees.
Commissioners and the board: Individuals appointed as commissioners are subject to qualifications, term limits, remuneration rules, disclosure and criminal-history obligations, and possible removal on Ministerial recommendation for specified grounds such as inappropriate conduct, incapacity, neglect or incompetence (ss 15-23). Commissioners are disqualified if insolvent under administration, disqualified from managing corporations under the Corporations Act, or if they are staff or contractors of the commission, if they have certain convictions, or if they refuse consent to a criminal-history check (s 20). Commissioners must disclose conflicts of interest to the Minister and must not act in relation to matters in which they have a conflicting interest unless the Minister directs otherwise (s 25).
The Minister and Governor in Council: The Minister recommends appointments and may give written directions to the commission about performance of its functions and exercise of powers if the Minister is satisfied such directions are reasonably necessary (s 38). The Governor in Council appoints commissioners and may remove them on the Minister’s recommendation (ss 15, 23). The Minister must respond in writing to inquiry reports within three months and must give decisions on research proposals (ss 34, 37).
Commission staff and contractors: The commission may employ staff it considers appropriate, who are expressly employed under this Act and not under the Public Sector Act 2022 (s 30). Staff are protected from directions about how to perform the commission’s functions except from commissioners or authorised persons (s 30(3)). Staff and contractors who handle criminal-history information or other confidential information acquire statutory duties and penalties under ss 29 and 39.
Government agencies, local governments and local government companies: When the commission is acting on a Minister’s direction to undertake an inquiry or research, it may issue notices requiring these relevant entities to provide copies of related information or make information available for inspection. Relevant entities must comply unless the information is privileged, prohibited by an Act, or its disclosure could prejudice an investigation of a contravention of law (s 35). The Act explicitly immunises those relevant entities from liability for breach of contract, confidence or duty for complying with the commission’s notice (s 35(5)).
The department, transferring employees and records: Transitional provisions transfer certain public service employees and particular public records from the department to the commission on commencement, preserving accrued entitlements and continuity of service and maintaining existing industrial instruments until new instruments are made (secs 46-49). A “register of transferees” prepared by the chief executive determines who transfers (s 47).
The public and stakeholders: The public is engaged by mandatory public consultation for Minister‑directed inquiries (s 33) and by the statutory requirement for the commission to publish inquiry reports after the Minister’s response and to publish guidelines/procedures for regulatory matters administered under direction (ss 34, 36). The Act thereby affects stakeholders who participate in consultation, who may be called upon to respond to inquiries, and who will see published findings and policy or procedural materials.
Entities that are not within the Act’s compulsory information power are also affected by omission. Section 35’s “relevant entity” definition is confined to government agencies, local governments and local government companies. Private sector firms and non‑government entities are not expressly compelled under s 35 to produce information to the commission when the commission acts under a Minister’s direction or approval, which shapes the commission’s ability to gather evidence from non‑state actors.
Finally, the Act affects legal and administrative relationships. The commission is subject to financial accountability and statutory bodies financial arrangements legislation and is a unit for the Crime and Corruption Act 2001, which brings the commission and its officers into those regulatory regimes for records, financial reporting and integrity oversight (s 8).
Key duties and rights
The Act imposes duties on the Minister, commissioners, staff, relevant entities, and the commission as an institution, and confers rights and immunities.
Duties of the commission and board
perform inquiries, research and administer, monitor and review regulatory matters as directed by the Minister, and provide advice to the Minister as requested (s 9);
comply with written directions from the Minister about the performance of functions or exercise of powers if the Minister is satisfied the direction is reasonably necessary, and publish the direction on the commission’s website (s 38(1), (4));
undertake public consultation for Minister‑directed inquiries, subject to any requirements the Minister includes in the direction (s 33);
publish inquiry reports on the commission’s website after receiving the Minister’s written response, which is due within three months (s 34);
publish any guidelines, procedures or other documents developed when administering a regulatory matter under direction (s 36);
where the commission intends to publish research initiated by it, provide the Minister with a research proposal and obtain Ministerial approval to publish, and provide the chief executive with a copy of the report at least 10 business days before publication (s 37);
keep minutes of all board meetings and approve the annual report before submission to the Minister, including disclosure of any direction given under s 38 in the annual report, subject to confidentiality constraints (s 26, s 40).
Duties of commissioners
manage or participate in board activities and, if designated productivity commissioner, manage and direct the activities of the commission while ensuring the board performs its functions appropriately (s 18);
disclose direct or indirect financial or personal interests that could conflict with duties to the Minister as soon as practicable, and refrain from acting in relation to the matter unless the Minister directs otherwise (s 25);
consent to Ministerial requests for criminal history checks if they seek to be appointed or continue as a commissioner, and notify the Minister of convictions for indictable offences while a commissioner (ss 27, 28).
Duties of the Minister
when receiving a report from an inquiry, provide a written response within three months (s 34(2));
when the commission proposes research for publication, consider the research proposal and decide whether to approve, amend and/or refuse it, and notify the commission of the decision (s 37(5)-(7));
the Minister must be satisfied directions are reasonably necessary before issuing them (s 38(1)), and may only recommend appointments if satisfied the person is appropriately qualified (s 15(3)).
Rights and immunities
the commission represents the State and has the status, privileges and immunities of the State (s 7);
the commission may require relevant entities to provide or make available related information for Minister‑directed inquiries or research, subject to legal exceptions (s 35); and relevant entities are not liable for breach of contract, confidence or duty for complying with such a notice (s 35(5));
an official (Minister, commissioner or member of staff) who acts honestly and without negligence under the Act does not incur civil liability for that act or omission; liability instead attaches to the State unless the official is a prescribed person under the Public Sector Act 2022 (s 43).
Confidentiality and criminal‑history obligations
persons with access to criminal history information must not use or disclose it except in narrow circumstances, and must destroy such reports when no longer needed, under penalty of up to 100 penalty units (s 29);
persons with access to confidential information acquired in the course of functions under the Act must not use or disclose it other than for specified purposes, with a maximum penalty of 100 penalty units (s 39);
commissioners must notify the Minister of convictions for indictable offences, with a 100 penalty‑unit penalty for failure to give notice (s 28).
Administrative rights and procedural protections
the board may delegate functions to a commissioner or appropriately qualified staff member (s 42);
commissioners have statutory terms and processes for resignation, removal, acting appointments, and vacancy, with removal requiring Ministerial recommendation and specified grounds (ss 21-24);
persons asked for criminal history reports must give written consent before the Minister may request a police report, and the Minister must disclose the information to the person and allow representations before using it (s 27).
Reporting and transparency duties
the commission must publish directions given under s 38 on its website (s 38(4));
the annual report under the Financial Accountability Act 2009 must include details of functions performed, efficiency and effectiveness information, and details of any directions under s 38 during the year, and must not disclose confidential information without consent (s 40).
These duties and rights are defined in the Act text. Several duties involve application of other statutes, for example the commission’s status under the Financial Accountability Act 2009 and the commission’s inclusion as a unit of public administration under the Crime and Corruption Act 2001 (s 8), which will import obligations and rights from those regimes.
Penalties and enforcement
The Act specifies discrete penalties and sets institutional enforcement mechanisms through statutory duties, publication obligations, immunity provisions and cross‑references to external oversight regimes.
Monetary penalties
The Act sets explicit criminal or regulatory penalties, expressed as “maximum penalty,100 penalty units,” for three conduct categories:
failure by a commissioner to notify the Minister of a conviction for an indictable offence (s 28(2));
misuse or unauthorised disclosure of criminal‑history information (s 29(2));
misuse or unauthorised disclosure of confidential information acquired in the course of functions or administration under the Act (s 39(2)).
The Act does not convert those penalty units into a dollar amount; the penalty unit value will be governed by the general state penalty unit schedule.
Enforcement mechanisms and administrative remedies
removal of a commissioner from office is available to the Governor in Council on the Minister’s recommendation if the Minister is satisfied specified grounds apply, such as inappropriate conduct in official or private capacity that reflects seriously and adversely on the office, incapacity, neglect or incompetence (s 23). This is an administrative enforcement mechanism for governance and conduct issues rather than a criminal or civil sanction.
acting appointments for commissioners are the Minister’s power for up to six months, extendable once for up to six months, which supplies operational continuity and a means to manage temporary incapacity or vacancy (s 24).
the Minister’s direction power (s 38) includes the power to require the commission to provide or publish specified reports, advice or information within a stated period, and to require particular types of public consultation. Non‑compliance with a valid Ministerial direction is a failure to comply with the Act’s obligations for the commission, and the commission must publish the direction on its website. The Act does not set a specific penalty for the commission’s failure to comply with a direction; enforcement would be a matter for administrative and public accountability channels, and possibly judicial review as a matter of public law (the Act references the Acts Interpretation Act 1954 in relation to removal and acting appointments at ss 23, 24, preserving statutory interpretation and executive powers).
immunity and liability allocation affect enforcement through civil claims. Officials acting honestly and without negligence do not incur civil liability for acts or omissions under the Act; if civil liability would otherwise attach to the official, liability attaches to the State (s 43). That provision reduces the personal civil enforcement risk for officials and shifts potential compensation claims to the State, except for “prescribed persons” under the Public Sector Act 2022 where different protections apply (s 43(3)).
Information‑gathering enforcement
s 35 requires relevant entities (government agencies, local governments and local government companies) to comply with notices to provide or make available related information for Minister‑directed inquiries or research, subject to specific statutory exceptions (legal professional privilege, parliamentary privilege, public interest immunity, prohibition under an Act, or reasonable expectation of prejudice to investigation). The Act makes compliance mandatory for relevant entities but provides statutory protections against contractual or confidence claims for those entities (s 35(5)). The Act does not prescribe penalties for refusal to comply beyond the exceptions; enforcement mechanisms would likely involve administrative remedies and possibly compelled production through other processes if necessary.
Confidentiality enforcement
the confidentiality provisions carry monetary penalties and an obligation to destroy criminal‑history reports or notices as soon as practicable once no longer needed (s 29(4)). The commission must also avoid disclosing confidential information in the annual report without consent (s 40(4)).
Oversight and reporting
the commission is a statutory body under the Financial Accountability Act 2009 and a unit of public administration under the Crime and Corruption Act 2001 (s 8), which imports external oversight, audit and reporting frameworks. The annual report obligations at s 40 require board approval and certain content, including disclosure of directions, creating public transparency and an evidence trail for oversight bodies and Parliament.
Limitations and lacunae
the Act contains specified penalties for confidentiality and criminal‑history misuse and for criminal‑history non‑notification, and administrative removal powers for commissioners, but it does not provide express criminal sanctions for breaches of directions or for failing to comply with the information notices in s 35 where no statutory exception applies. The Act instead pairs mandatory compliance with institutional mechanisms, publication obligations and the State’s assumed liability for honest, non‑negligent official acts. Practitioners will need to consider enforcement through administrative law and through the external regimes referenced by s 8.
How it interacts with other laws
The Act expressly cross‑references and integrates with several other statutes, thereby importing a network of pre‑existing regulatory, financial, employment and records frameworks.
Financial and accountability regimes
s 8 declares the commission a statutory body under the Financial Accountability Act 2009 and under the Statutory Bodies Financial Arrangements Act 1982. That classification subjects the commission to financial reporting, budgeting and accountability obligations established by those Acts, including the annual report requirement under the Financial Accountability Act 2009, s 63, specified in s 40 of this Act. The Statutory Bodies Financial Arrangements Act 1982, part 2B, is noted in s 8 as setting out how that Act affects the commission’s powers. Those cross‑references mean the commission’s financial management, borrowing and accounting must comply with established statutory bodies governance rules.
Crime, corruption and records
s 8(1)(c) declares the commission a unit of public administration under the Crime and Corruption Act 2001. That status generally brings the commission within the jurisdiction and reporting obligations under state corruption and integrity oversight, and may import investigative and reporting obligations from that Act.
s 49 uses the Public Records Act 2023 definition of public record and requires the chief executive to transfer specified public records to the commission on commencement. This creates a statutory records transfer and continuity of custody that interacts with the Public Records Act 2023 retention, access and disposal rules.
Employment law and industrial instruments
staff of the commission are employed under this Act and not the Public Sector Act 2022 (s 30). That separation affects which employment frameworks apply. However, the transitional provisions at ss 47-48 govern transferring employees who immediately before commencement were public service employees employed by the department. Those employees transfer into the commission, with preservation of accrued entitlements and continuation of industrial instruments applying to them to the extent those instruments applied before commencement. The Act also references the Industrial Relations Act 2016 schedule 5 for the definition of “industrial instrument” in s 47(7).
Public Sector Act interactions
s 43 excludes the Act’s protection from civil liability for an official if the official is a “prescribed person” within the meaning of the Public Sector Act 2022, s 267, and directs readers to the Public Sector Act 2022, s 269 for protection for prescribed persons. This ties civil‑liability protection into the Public Sector Act’s classification scheme and indicates an overlap of liability rules.
Acts Interpretation Act
removal and acting appointment provisions preserve the operation of the Acts Interpretation Act 1954, s 25, explicitly in ss 23 and 24, which preserves the Governor in Council’s powers to remove or make acting appointments under general statutory interpretation and executive powers frameworks.
Corporations Act
s 20(1)(b) disqualifies a person from being a commissioner if the person is disqualified from managing corporations because of the Corporations Act, part 2D.6. This imports federal corporate disqualification grounds into eligibility for appointment.
Privilege, privilege exceptions and legal professional privilege
the Act allows relevant entities to refuse a notice under s 35 to the extent that disclosure would be prevented by legal professional privilege, parliamentary privilege or public interest immunity. These legal doctrines are applied as statutory exceptions to the commission’s compulsory information power.
Regulations and delegated instruments
s 45 confers a regulation‑making power. Regulations made under the Act could import further interactions with other laws, including procedural or evidentiary matters. The Act also permits approved forms (s 44) and board delegations (s 42), which may be articulated through internal instruments consistent with the Financial Accountability Act and other applicable laws.
In sum, the Act does not operate in isolation. It places the commission within the State financial, records and corruption oversight regimes, preserves employment entitlements and industrial arrangements for transferred staff, imports corporate disqualification grounds from federal corporate law for commissioners, and limits the commission’s compulsory information powers by reference to established legal privileges and immunities. Practitioners will need to consider the operational implications of these cross‑references when advising on financing, records transfer, staff entitlements, removal or discipline of commissioners, criminal‑history handling, and the use or disclosure of confidential information.
Amendment history
The Act text provided contains internal references to prior legislative arrangements and transitional treatment of matters arising from earlier statutes, but it does not set out a sequenced legislative amendment history in the text. The document includes explicit transitional provisions that refer to a repealed Queensland Productivity Commission Act 2015 and to activities previously carried out within the department identifiable as the Office of Productivity and Red Tape Reduction (s 49). Those references indicate that this Act replaces or re‑establishes the productivity commission in a form that incorporates records and staff transferred from the earlier institutional arrangements.
Key amendment‑related elements that appear in the text are:
transitional treatment for employees and records: ss 46-49 set out how transferring employees and relevant public records are to move from the department to the commission on commencement, preserve entitlements and continuity of service, and continue application of existing industrial instruments and directives until replaced. These provisions operate as transitional machinery to preserve rights and to effect the structural change the Act effects on commencement.
preservation of statutory cross‑references and external regimes: the Act incorporates ongoing application of other Acts, for example the Public Records Act 2023 (s 49), the Public Sector Act 2022 in relation to directives and prescribed persons (ss 30, 43, 48), and the Financial Accountability Act 2009 and Statutory Bodies Financial Arrangements Act 1982 (s 8). Any future amendment to those external statutes will therefore alter the legal environment in which the commission operates, and could have the practical effect of amending the operational interaction without changing this Act.
regulation‑making power: s 45 empowers the Governor in Council to make regulations under the Act. Future policy changes intended to adjust procedural detail or to introduce penalties, forms, or operational rules could be made by subordinate legislation under that power.
The Act itself does not contain a schedule of prior amendments or legislative history dates. It commences on a day to be fixed by proclamation (s 2), which is normal for Acts implementing organisational change and enables the transitional machinery to operate on a defined commencement date. The only historical references are to the “repealed Queensland Productivity Commission Act 2015” within the transitional record‑transfer provision at s 49(2)(b). The presence of that reference indicates the legislative map but does not provide a chronology of amendments or repeals beyond the requirement to transfer records connected to that earlier repeal.
Practitioners requiring a formal amendment history or notes about previous versions of the Act will need to consult legislative databases, government explanatory memoranda or the parliamentary record for the Bill, as those materials are not included in the text supplied. The Act’s internal structure, transitional provisions and cross‑references show where future amendments could be expected to have effect: appointments and remuneration handled by Governor in Council (ss 15, 17) could be altered by amendment; procedural checks such as Ministerial approval of research (s 37) and the direction power (s 38) are provisions that could be amended to change governance balance; and the regulation‑making power in s 45 provides a standard vehicle for detailed operational changes without primary‑Act amendment.
Litigation history
The text of the Act supplied contains no case law, judicial decisions, or litigation history. It does include references to other Acts, and to powers and processes that, in practice, could become the subject of judicial review, statutory interpretation disputes or other litigation in future. The Act explicitly preserves the operation of the Acts Interpretation Act 1954 for certain matters related to removal and acting appointments (ss 23, 24). That signals that standard principles of statutory interpretation and executive powers will apply, but the Act text does not record any litigated points.
Notable areas where litigation or legal challenge could reasonably arise, based on the Act’s mechanics, include the following types of contested issues, although no cases are named in the source:
procedural fairness and administrative law challenges: decisions such as removal of a commissioner by the Governor in Council on Ministerial recommendation (s 23), or a Ministerial decision to refuse or amend a research proposal for publication (s 37), may give rise to administrative law review if procedural fairness or jurisdictional error is alleged. The Act includes requirements (for example, that the Minister must be “satisfied” of certain matters), which in administrative law contexts are typically amenable to review on legality and procedural grounds. The Act itself does not state appeal or review pathways.
scope of Ministerial direction and content limitation: s 38 allows the Minister to give directions about the performance of functions or exercise of powers but expressly states a direction cannot be about the content of any advice or recommendation given by the commission. Litigation could in future focus on whether specific directions impermissibly circumscribe content, or whether directions were “reasonably necessary.” The Act gives no internal enforcement mechanism other than statutory compliance and publication of the direction.
compulsory information powers and privilege claims: s 35 mandates compliance by relevant entities unless legal professional privilege, parliamentary privilege or public interest immunity applies, or disclosure is otherwise prohibited. Disputes could arise over the scope of “related information,” the existence of privilege or the reasonableness of a refusal. The Act does not provide express dispute resolution machinery for contested notices.
confidentiality and disclosure obligations: the Act creates criminal penalties for unauthorised disclosure of confidential information and criminal‑history information (ss 29, 39), which could give rise to prosecutions or civil actions in future, and issues over what constitutes “confidential information” within the meaning of s 39.
Because the Act cross‑references other statutes that create enforcement and review regimes (notably the Financial Accountability Act 2009 and the Crime and Corruption Act 2001), litigation could also use those pathways. The Act does not include explicit private rights of action for third parties affected by commission reports or directions. The absence of litigation history in the text means practitioners must look to external sources, parliamentary materials, and later judicial pronouncements for interpretative guidance once disputes arise in operation.
Gotchas
The Act contains several specific provisions that create practical traps and operational constraints. These items are not normative judgements but are concrete legal mechanics to watch for.
Ministerial control over publication of commission‑initiated research
The commission may undertake research on its own initiative, but if it intends to publish, it must give the Minister a research proposal and obtain the Minister’s approval before publishing (s 37(3)-(10)). The Minister may amend the research proposal, and the commission may not publish its own‑initiative research unless approved by the Minister (s 37(10)). Practically this means the commission’s independent research output is subject to prior executive approval before public release, which may create delay, negotiation and potential suppression risk for planned publications. The commission must also give the chief executive a copy of the report at least 10 business days before publication (s 37(9)), adding an operational timing requirement.
Ministerial directions with broad procedural effect
The Minister may give directions that are not about the content of advice but may require the commission to publish or provide reports within stated periods, to have regard to particular matters, or to undertake a particular type of public consultation (s 38(2)). Because directions can set timelines and consultation modalities, the content‑neutral constraint may be narrower in practice than it initially appears. The commission must comply and publish the direction on its website (s 38(4)), creating public traceability of Ministerial interventions.
Publication sequencing for inquiry reports
When the commission gives an inquiry report to the Minister, the Minister must respond in writing within three months and the commission must only publish the report as soon as practicable after receiving that response (s 34). This introduces a potential hold on publication if the Minister delays providing the written response. The Act imposes a timeline on the Minister but does not specify enforcement if the Minister fails to respond within three months.
Staff status and employment framework
Staff are employed under this Act and not under the Public Sector Act 2022 (s 30(2)). This is a deliberate separation that affects the application of public sector employment rules. For transferring employees, the Act preserves existing industrial instruments until new instruments apply (s 47(3), (6)), and preserves accrued entitlements (s 47(5)). Employers and HR advisers must map legacy industrial instruments, entitlements and directives to the new internal employment regime carefully. Existing directives that applied to transferring employees continue to apply until revoked or replaced, and change after commencement can apply to those directives under s 48.
Compulsory information powers limited to public sector entities
Section 35’s compulsory information powers apply only to “relevant entities,” defined as government agencies, local governments and local government companies. Private sector entities, NGOs, and individuals are not within the definition of “relevant entity.” Practically this means the commission’s statutory power to compel production in Minister‑directed inquiries and research is concentrated on state actors, potentially limiting the commission’s ability to compel evidence from private firms or other non‑state actors. For evidence from private actors the commission will need voluntary cooperation or other statutory processes.
Confidentiality and criminal‑history penalties
The Act sets substantial penalty exposure in the form of 100 penalty units for failing to notify convictions (s 28), and for misuse or unauthorised disclosure of criminal‑history information and confidential information (ss 29, 39). Persons who handle such information must implement secure handling, storage and destruction protocols, and ensure consent and appropriate authorisation before any use or disclosure.
Disclosure obligations and non‑invalidating failure
Section 25 requires disclosure by commissioners of conflicting interests to the Minister and prevents participation in decisions unless the Minister directs otherwise. Notably, the Act provides that a failure to make the disclosure does not, of itself, invalidate a decision of the board or the commissioner (s 25(4)). This means procedural non‑compliance with s 25 is not automatically decisive for setting aside decisions; consequences will depend on other law and facts in any challenge.
State representation and liability
The commission “represents the State” and has the status, privileges and immunities of the State (s 7). Officials acting honestly and without negligence do not incur civil liability; liability instead attaches to the State (s 43). This allocates litigation and compensation risk away from individual officials but may affect litigants’ strategies when claims are brought against the commission or its officers.
Publication and transparency obligations
The requirement to publish directions (s 38(4)), inquiry reports after Ministerial response (s 34(3)), and administrative materials for regulatory matters (s 36) creates transparency obligations that will influence communications and public affairs strategies. At the same time, strict confidentiality rules restrict what can be disclosed in annual reports and other publications without consent (s 40(4), s 39).
No express private power to compel private parties
Because the Act’s compulsory notice power focuses on relevant public entities, practitioners should not assume a statutory power to compel private parties to provide documents under this Act. Where private sector material is crucial, the commission will rely on cooperation, contract terms, or separate statutory powers not conferred by this Act.
Annual report content and board sign‑off
The annual report must include details of any direction given under s 38 during the year, and must be approved by the board before being given to the Minister (s 40). This places the board at the compliance apex for corporate governance reporting and creates an internal governance checkpoint for transparency around Ministerial interactions.
Regulation‑making power and forms
The Governor in Council may make regulations under s 45 and the commission may approve forms under s 44. These subordinate instruments may introduce additional procedural requirements or clarifications, and should be monitored closely as they are made.
How to comply
Below is a practical compliance checklist for the commission, board, commissioners, staff, relevant entities and the Minister based on the Act’s provisions. Each instruction cites the applicable section.
For the commission and board
Establish governance documents that reflect the statutory composition, powers and duties: ensure the board comprises between 1 and 4 commissioners, with one appointed productivity commissioner, and formalise role descriptions and delegation instruments in accordance with ss 15, 18 and s 42.
Keep comprehensive minutes of all board meetings as required by s 26(6).
Ensure the board formally approves the annual report and includes required content: functions performed, efficiency and effectiveness information, and details of any s 38 directions (s 40(1)-(3)).
Maintain a publication schedule and web governance so that directions given under s 38 and inquiry reports are published on the commission website in accordance with ss 34(3) and 38(4).
For Minister‑directed inquiries, plan public consultation promptly and in line with the direction, and ensure consultation steps are documented in accordance with s 33 and any direction specifics under s 38(2)(c).
When administering regulatory matters under direction, publish any guidelines, procedures or other documents developed in relation to the regulatory matter on the commission website (s 36).
For commissioners and the productivity commissioner
Ensure appointments comply with eligibility and disqualification criteria and that written consents to criminal-history checks are provided where requested by the Minister (ss 15, 20, 27).
Disclose direct or indirect financial and personal interests that could conflict with duties to the Minister as soon as practicable and refrain from participation in related matters unless authorised by the Minister (s 25).
If convicted of an indictable offence while a commissioner, immediately notify the Minister and state in the notice the particulars required by s 28(3) to avoid a 100‑penalty‑unit exposure.
For staff and contractors
Implement secure handling, storage and destruction procedures for criminal‑history information and other confidential information as required by ss 29 and 39. Ensure reports obtained under s 27 and notices under s 28 are destroyed as soon as practicable once they are no longer needed (s 29(4)).
Ensure that staff are only subject to direction about the performance of functions by a commissioner or an authorised person, and document any authorised directions in line with s 30(3).
When receiving any confidential information, confirm that use and disclosure are limited to the permitted purposes in s 39(3), including performance of functions, legal requirements, consent, de‑identified disclosure, or compliance with lawful process.
For relevant entities receiving a notice under s 35
On receiving a notice, determine whether the requested “related information” falls within legal professional privilege, parliamentary privilege, public interest immunity, or is otherwise prohibited under an Act, or could prejudice an investigation of a contravention such that refusal is lawful under s 35(4). Document the legal basis for any partial or full refusal.
If complying, note that s 35(5) protects the relevant entity from being liable for breach of contract, confidence or duty for giving the commission the requested related information or making it available for inspection. Keep records demonstrating the statutory basis for compliance.
If compliance raises confidentiality concerns or involves third‑party data, seek consent or redaction as appropriate, and involve legal counsel where privilege or immunity issues are complex.
For Ministers and Ministerial offices
When recommending persons for appointment, ensure the Minister is satisfied each candidate is appropriately qualified as required by s 15(3).
When using the power to give directions under s 38, ensure the direction is in writing, that the Minister is satisfied it is “reasonably necessary,” and that the direction does not seek to control the content of advice or recommendations. Prepare directions that specify any procedural constraints, required consultation modes, or the timing of reports, and publish the direction on the commission’s website as required by s 38(4).
When the commission submits an inquiry report, provide a written response within three months per s 34(2). If the Minister needs more time, document reasons and plan for publication requirements, since the commission must publish “as soon as practicable” after receiving the response (s 34(3)).
When the commission proposes to publish research undertaken on its own initiative, respond to the research proposal in accordance with s 37, considering whether to approve, refuse, or amend. If amending, do so in writing and return an approved/amended proposal to the commission.
For transition management
Prepare a register of transferees approved by the chief executive to identify which public service employees transfer to the commission on commencement (s 47(1)).
Ensure transferring employees’ benefits, entitlements and continuity of service are preserved and that existing industrial instruments continue to apply to the extent required until new instruments apply (s 47(5), (6)).
Arrange transfer of relevant public records from the chief executive to the commission in accordance with s 49 and coordinate interpretation with the Public Records Act 2023 provisions.
For records and confidentiality
Establish record‑keeping and secure destruction protocols for criminal‑history reports and notices in line with s 29(4).
In annual and other public reports, avoid disclosure of confidential information without consent as required by s 40(4).
For legal and risk management
Note the civil liability protection at s 43: ensure actions are documented to show they were taken honestly and without negligence. Consult the Public Sector Act 2022 to determine whether particular officials are “prescribed persons” for whom different protections apply (s 43(3)).
Maintain a register of directions given under s 38 and evidence of publication to meet annual report obligations.
Administrative processes and templates
Create templates for research proposals to the Minister that include the minimum information required by s 37(4) so the Minister can readily determine relevance and suitability.
Create templates for notices under s 35 that clearly describe “related information,” the statutory power under which the notice is issued, the reasonable timeframe for production, and a statement of statutory exceptions.
Maintain a publicly accessible webpage for publications, directions and inquiry reports in compliance with ss 34 and 38.
Monitoring and training
Train staff on confidentiality duties and criminal‑history handling requirements, including penalties, consent requirements for s 27 police checks, and the destruction requirement in s 29(4).
Monitor legislative and regulatory changes to the Financial Accountability Act, Statutory Bodies Financial Arrangements Act, Public Sector Act and Public Records Act, given their cross‑relevance under s 8, s 43 and s 49.
Implementing these steps will align operational practice with the Act’s procedural and substantive requirements and reduce legal and compliance risk.
(c) a unit of public administration under the Crime and Corruption Act 2001 .
pt.2-div.2 Functions and powers
Functions and powers
sec.9 Functions
sec.9 Functions
The main functions of the commission are—
to undertake inquiries into economic and social issues, regulatory matters or legislation as directed by the Minister; and
to undertake research into economic and social issues, regulatory matters or legislation as directed or approved by the Minister, or on its own initiative; and
to administer, monitor and review regulatory matters as directed by the Minister; and
to provide advice to the Minister as requested.
Also, the commission has any other function given to it under this Act or another Act.
(sec.9-ssec.1) The main functions of the commission are— to undertake inquiries into economic and social issues, regulatory matters or legislation as directed by the Minister; and to undertake research into economic and social issues, regulatory matters or legislation as directed or approved by the Minister, or on its own initiative; and to administer, monitor and review regulatory matters as directed by the Minister; and to provide advice to the Minister as requested.
(sec.9-ssec.2) Also, the commission has any other function given to it under this Act or another Act.
(a) to undertake inquiries into economic and social issues, regulatory matters or legislation as directed by the Minister; and
(b) to undertake research into economic and social issues, regulatory matters or legislation as directed or approved by the Minister, or on its own initiative; and
(c) to administer, monitor and review regulatory matters as directed by the Minister; and
(d) to provide advice to the Minister as requested.
sec.10 Powers
sec.10 Powers
The commission has all the powers of an individual and may do anything necessary or convenient to be done in the performance of its functions.
Also, the commission has the powers given to it under this Act or another Act.
(sec.10-ssec.1) The commission has all the powers of an individual and may do anything necessary or convenient to be done in the performance of its functions.
(sec.10-ssec.2) Also, the commission has the powers given to it under this Act or another Act.
sec.11 Authentication of documents
sec.11 Authentication of documents
A document made by the commission is sufficiently made if it is signed by the productivity commissioner or another person authorised by the board.
pt.2-div.3 Board
Board
sec.12 Establishment
sec.12 Establishment
The board is established as the governing body of the commission.
sec.13 Functions
sec.13 Functions
The functions of the board are—
to ensure the commission performs its functions in a proper, effective and efficient way; and
any other function given to the board under this Act or another Act.
(a) to ensure the commission performs its functions in a proper, effective and efficient way; and
(b) any other function given to the board under this Act or another Act.
sec.14 Powers
sec.14 Powers
The board has all the powers to do anything necessary or convenient to be done in the performance of its functions.
Also, the board has any other power given to it under this Act or another Act.
Anything done in the name of, or for, the commission by the board is taken to have been done by the commission.
(sec.14-ssec.1) The board has all the powers to do anything necessary or convenient to be done in the performance of its functions.
(sec.14-ssec.2) Also, the board has any other power given to it under this Act or another Act.
(sec.14-ssec.3) Anything done in the name of, or for, the commission by the board is taken to have been done by the commission.
sec.15 Composition
sec.15 Composition
The board consists of at least 1 but not more than 4 persons appointed by the Governor in Council on the recommendation of the Minister.
One of the persons appointed under subsection (1) must be appointed as the productivity commissioner.
The Minister may recommend a person for appointment under subsection (1) only if the Minister is satisfied the person is appropriately qualified.
(sec.15-ssec.1) The board consists of at least 1 but not more than 4 persons appointed by the Governor in Council on the recommendation of the Minister.
(sec.15-ssec.2) One of the persons appointed under subsection (1) must be appointed as the productivity commissioner.
(sec.15-ssec.3) The Minister may recommend a person for appointment under subsection (1) only if the Minister is satisfied the person is appropriately qualified.
sec.16 Term of appointment
sec.16 Term of appointment
A commissioner holds office for the term, not longer than 3 years, stated in the commissioner’s instrument of appointment.
A person may be reappointed as a commissioner.
(sec.16-ssec.1) A commissioner holds office for the term, not longer than 3 years, stated in the commissioner’s instrument of appointment.
(sec.16-ssec.2) A person may be reappointed as a commissioner.
sec.17 Conditions of appointment
sec.17 Conditions of appointment
A commissioner is to be paid the remuneration and allowances decided by the Governor in Council.
A commissioner holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.
(sec.17-ssec.1) A commissioner is to be paid the remuneration and allowances decided by the Governor in Council.
(sec.17-ssec.2) A commissioner holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.
sec.18 Productivity commissioner
sec.18 Productivity commissioner
The Governor in Council may, on the recommendation of the Minister, appoint a commissioner to be the productivity commissioner.
A commissioner may be appointed as the productivity commissioner at the same time the person is appointed as a commissioner.
The productivity commissioner holds office for the term stated in the person’s instrument of appointment as the productivity commissioner.
However, the person’s appointment as the productivity commissioner ends if—
the person stops being a commissioner; or
the person resigns from the office of productivity commissioner by signed notice given to the Minister.
The productivity commissioner is responsible for—
managing and directing the activities of the commission; and
ensuring the board performs its functions and exercises its powers appropriately.
A commissioner may be reappointed as the productivity commissioner.
(sec.18-ssec.1) The Governor in Council may, on the recommendation of the Minister, appoint a commissioner to be the productivity commissioner.
(sec.18-ssec.2) A commissioner may be appointed as the productivity commissioner at the same time the person is appointed as a commissioner.
(sec.18-ssec.3) The productivity commissioner holds office for the term stated in the person’s instrument of appointment as the productivity commissioner.
(sec.18-ssec.4) However, the person’s appointment as the productivity commissioner ends if— the person stops being a commissioner; or the person resigns from the office of productivity commissioner by signed notice given to the Minister.
(sec.18-ssec.5) The productivity commissioner is responsible for— managing and directing the activities of the commission; and ensuring the board performs its functions and exercises its powers appropriately.
(sec.18-ssec.6) A commissioner may be reappointed as the productivity commissioner.
(a) the person stops being a commissioner; or
(b) the person resigns from the office of productivity commissioner by signed notice given to the Minister.
(a) managing and directing the activities of the commission; and
(b) ensuring the board performs its functions and exercises its powers appropriately.
sec.19 Preservation of rights
sec.19 Preservation of rights
This section applies if a person who is a public service officer is appointed as a commissioner.
The person keeps all rights accrued or accruing to the person as a public service officer as if service as a commissioner were a continuation of service as a public service officer.
At the end of the person’s term of office or resignation as a commissioner, the person’s service as a commissioner is taken to be service of a like nature in the public service for deciding the person’s rights as a public service officer.
(sec.19-ssec.1) This section applies if a person who is a public service officer is appointed as a commissioner.
(sec.19-ssec.2) The person keeps all rights accrued or accruing to the person as a public service officer as if service as a commissioner were a continuation of service as a public service officer.
(sec.19-ssec.3) At the end of the person’s term of office or resignation as a commissioner, the person’s service as a commissioner is taken to be service of a like nature in the public service for deciding the person’s rights as a public service officer.
sec.20 Disqualification
sec.20 Disqualification
A person is disqualified from becoming, or continuing as, a commissioner if the person—
is an insolvent under administration; or
is disqualified from managing corporations because of the Corporations Act , part 2D .6; or
is a staff member or contractor of the commission; or
has a conviction, other than a spent conviction, for an indictable offence; or
does not consent to the Minister requesting a report about the person’s criminal history under section 27 .
(a) is an insolvent under administration; or
(b) is disqualified from managing corporations because of the Corporations Act , part 2D .6; or
(c) is a staff member or contractor of the commission; or
(d) has a conviction, other than a spent conviction, for an indictable offence; or
(e) does not consent to the Minister requesting a report about the person’s criminal history under section 27 .
sec.21 Vacancy in office
sec.21 Vacancy in office
The office of a commissioner becomes vacant if the commissioner—
completes a term of office and is not reappointed; or
is disqualified from continuing in office under section 20 ; or
resigns by notice under section 22 ; or
is removed from office under section 23 .
(a) completes a term of office and is not reappointed; or
(b) is disqualified from continuing in office under section 20 ; or
(c) resigns by notice under section 22 ; or
(d) is removed from office under section 23 .
sec.22 Resignation
sec.22 Resignation
A commissioner may resign from office by signed notice given to the Minister.
The resignation takes effect when the Minister receives the notice or, if a later day is stated in the notice, the later day.
(sec.22-ssec.1) A commissioner may resign from office by signed notice given to the Minister.
(sec.22-ssec.2) The resignation takes effect when the Minister receives the notice or, if a later day is stated in the notice, the later day.
sec.23 Removal
sec.23 Removal
The Governor in Council may remove a commissioner from office on the recommendation of the Minister.
The Minister may recommend the commissioner’s removal only if the Minister is satisfied the commissioner—
has engaged in—
inappropriate or improper conduct in an official capacity; or
inappropriate or improper conduct in a private capacity that reflects seriously and adversely on the office; or
is incapable of performing the functions of the commissioner because of a physical or mental incapacity or for some other reason; or
has neglected, or incompetently performed, the duties of the commissioner.
This section does not limit the Acts Interpretation Act 1954 , section 25 .
(sec.23-ssec.1) The Governor in Council may remove a commissioner from office on the recommendation of the Minister.
(sec.23-ssec.2) The Minister may recommend the commissioner’s removal only if the Minister is satisfied the commissioner— has engaged in— inappropriate or improper conduct in an official capacity; or inappropriate or improper conduct in a private capacity that reflects seriously and adversely on the office; or is incapable of performing the functions of the commissioner because of a physical or mental incapacity or for some other reason; or has neglected, or incompetently performed, the duties of the commissioner.
(sec.23-ssec.3) This section does not limit the Acts Interpretation Act 1954 , section 25 .
(a) has engaged in— (i) inappropriate or improper conduct in an official capacity; or (ii) inappropriate or improper conduct in a private capacity that reflects seriously and adversely on the office; or
(i) inappropriate or improper conduct in an official capacity; or
(ii) inappropriate or improper conduct in a private capacity that reflects seriously and adversely on the office; or
(b) is incapable of performing the functions of the commissioner because of a physical or mental incapacity or for some other reason; or
(c) has neglected, or incompetently performed, the duties of the commissioner.
(i) inappropriate or improper conduct in an official capacity; or
(ii) inappropriate or improper conduct in a private capacity that reflects seriously and adversely on the office; or
sec.24 Acting commissioner
sec.24 Acting commissioner
The Minister may appoint a person to act in the office of a commissioner during—
a vacancy in the office; or
a period when the commissioner is absent from duty or can not, for another reason, perform the functions of the office.
An appointment under subsection
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