Creates Resources Safety and Health Queensland (RSHQ), a separate employing office and a Commissioner to administer and regulate safety and health in the resources sector. Gives RSHQ corporate status and broad operational powers (contracts, land, fees); sets appointment, removal, conflicts, reporting and budget rules for the CEO, executive officer and commissioner; allows the Minister to give written directions (limited by ss 13, 63) and approve the commissioner’s budget (s 65); and authorises transfer notices to move State assets, instruments and liabilities to RSHQ (s 70).
This Act creates a new administrative architecture for safety and health regulation in Queensland’s resources sector. Mechanically it does the following (sources cited):
Establishes Resources Safety and Health Queensland (RSHQ) as an independent statutory body with corporate status, the privileges and immunities of the State, and the capacity to sue and be sued (ss 5-9). RSHQ’s principal statutory function is to administer the Resources Safety Acts and further their purposes; supporting functions include protecting and regulating safety and health in the resources industry, monitoring compliance and effectiveness, and carrying out incidental commercial activities (s 10). RSHQ may exercise all the powers of an individual to perform those functions, including contracting, holding property, appointing agents, engaging consultants, establishing accounts and charging fees (s 11).
Establishes a separate Resources Safety and Health Queensland employing office (the employing office) to employ staff for RSHQ under work performance arrangements (ss 29-33). Staff of the employing office are to be employed under the Public Sector Act 2022 (s 34).
Creates three senior statutory offices: a chief executive officer of RSHQ (the CEO), an executive officer of the employing office, and a Commissioner for Resources Safety and Health (the commissioner). Each office is appointed by the Governor in Council, not under the Public Sector Act 2022, is subject to qualification and disqualification criteria, holds office for a term up to five years, and may be removed by the Governor in Council on the Minister’s recommendation for specified grounds (ss 14-27, 35-47, 48-66).
Provides for ministerial oversight by allowing the Minister to give written directions to RSHQ and to the commissioner in the public interest; those directions must be complied with and published (ss 13, 63). The Act limits that power in particular ways: a direction to RSHQ under s 13 cannot be about performance or exercise of RSHQ functions under a Resources Safety Act (s 13(4)); a direction to the commissioner cannot be about the content of any advice or recommendation given by the commissioner (s 63(3)).
Current sections
Direct links to the current provisions in Resources Safety and Health Queensland Act 2020.
83
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This Act may be cited as the Resources Safety and Health Queensland Act 2020 .
sec.2
Commencement
sec.2 Commencement
This Act, other than sections 120 and 122 , commences on a day to be fixed by proclamation.
sec.3
Definitions
sec.3 Definitions
The dictionary in schedule 1 defines particular words used in this Act.
sec.4
Main purposes
sec.4 Main purposes
The main purposes of this Act are—
to establish an independent statutory body called Resources Safety and Health Queensland to regulate safety and health in the resources sector; and
to establish the Resources Safety and Health Queensland employing office; and
to provide for the Commissioner for Resources Safety and Health.
(a) to establish an independent statutory body called Resources Safety and Health Queensland to regulate safety and health in the resources sector; and
(b) to establish the Resources Safety and Health Queensland employing office; and
(c) to provide for the Commissioner for Resources Safety and Health.
pt.2
Resources Safety and Health Queensland
Resources Safety and Health Queensland
pt.2-div.1
Establishment
Establishment
sec.5
Establishment of RSHQ
sec.5 Establishment of RSHQ
Resources Safety and Health Queensland ( RSHQ ) is established.
sec.6
Legal status
sec.6 Legal status
RSHQ—
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
Membership
sec.7 Membership
RSHQ consists of—
the CEO; and
the organisational unit under the control of the CEO.
(a) the CEO; and
(b) the organisational unit under the control of the CEO.
sec.8
RSHQ represents the State
sec.8 RSHQ represents the State
RSHQ represents the State.
Without limiting subsection (1) , RSHQ has the privileges and immunities of the State.
(sec.8-ssec.1) RSHQ represents the State.
(sec.8-ssec.2) Without limiting subsection (1) , RSHQ has the privileges and immunities of the State.
sec.9
Application of other Acts
sec.9 Application of other Acts
RSHQ is—
a unit of public administration under the Crime and Corruption Act 2001 ; and
a statutory body under—
the Financial Accountability Act 2009 ; and
the Statutory Bodies Financial Arrangements Act 1982 .
The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way that Act affects RSHQ’s powers.
(sec.9-ssec.1) RSHQ is— a unit of public administration under the Crime and Corruption Act 2001 ; and a statutory body under— the Financial Accountability Act 2009 ; and the Statutory Bodies Financial Arrangements Act 1982 .
(sec.9-ssec.2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way that Act affects RSHQ’s powers.
(a) a unit of public administration under the Crime and Corruption Act 2001 ; and
(b) a statutory body under— (i) the Financial Accountability Act 2009 ; and (ii) the Statutory Bodies Financial Arrangements Act 1982 .
(i) the Financial Accountability Act 2009 ; and
(ii) the Statutory Bodies Financial Arrangements Act 1982 .
(i) the Financial Accountability Act 2009 ; and
(ii) the Statutory Bodies Financial Arrangements Act 1982 .
pt.2-div.2
Functions and powers
Functions and powers
sec.10
Functions
sec.10 Functions
The main function of RSHQ is to administer the Resources Safety Acts and to further their purposes.
Without limiting subsection (1) , RSHQ has the following functions—
protecting the safety and health of persons in the resources industry;
regulating safety and health in the resources industry;
monitoring compliance with, and the effectiveness of, the Resources Safety Acts;
carrying out commercial activities incidental to RSHQ’s main function.
RSHQ also has the functions given to it under this Act or another Act.
(sec.10-ssec.1) The main function of RSHQ is to administer the Resources Safety Acts and to further their purposes.
(sec.10-ssec.2) Without limiting subsection (1) , RSHQ has the following functions— protecting the safety and health of persons in the resources industry; regulating safety and health in the resources industry; monitoring compliance with, and the effectiveness of, the Resources Safety Acts; carrying out commercial activities incidental to RSHQ’s main function.
(sec.10-ssec.3) RSHQ also has the functions given to it under this Act or another Act.
(a) protecting the safety and health of persons in the resources industry;
(b) regulating safety and health in the resources industry;
(c) monitoring compliance with, and the effectiveness of, the Resources Safety Acts;
(d) carrying out commercial activities incidental to RSHQ’s main function.
sec.11
Powers
sec.11 Powers
RSHQ has all the powers of an individual and may, for example—
enter into contracts or agreements; and
deal in land or other property; and
appoint agents and attorneys; and
engage consultants or contractors; and
establish funds and accounts with any financial institution in Australia; and
charge an entity a fee for services or facilities it supplies; and
do anything else necessary or convenient to be done in the performance of RSHQ’s functions.
RSHQ also has the powers given to it under this Act or another Act.
(sec.11-ssec.1) RSHQ has all the powers of an individual and may, for example— enter into contracts or agreements; and deal in land or other property; and appoint agents and attorneys; and engage consultants or contractors; and establish funds and accounts with any financial institution in Australia; and charge an entity a fee for services or facilities it supplies; and do anything else necessary or convenient to be done in the performance of RSHQ’s functions.
(sec.11-ssec.2) RSHQ also has the powers given to it under this Act or another Act.
(a) enter into contracts or agreements; and
(b) deal in land or other property; and
(c) appoint agents and attorneys; and
(d) engage consultants or contractors; and
(e) establish funds and accounts with any financial institution in Australia; and
(f) charge an entity a fee for services or facilities it supplies; and
(g) do anything else necessary or convenient to be done in the performance of RSHQ’s functions.
sec.12
Performing functions and exercising powers inside and outside Queensland
sec.12 Performing functions and exercising powers inside and outside Queensland
RSHQ may perform its functions, or exercise its powers, inside or outside Queensland.
sec.13
Ministerial direction
sec.13 Ministerial direction
The Minister may give a written direction to RSHQ about the performance of RSHQ’s functions under this Act or the exercise of RSHQ’s powers under this Act if the Minister is satisfied it is necessary to give the direction in the public interest.
Without limiting subsection (1) , the direction may be to give reports and information to the Minister.
RSHQ must—
comply with a direction given under subsection (1) ; and
publish a copy of the direction on a Queensland Government website.
To remove any doubt, it is declared that a direction under subsection (1) must not be about the performance of RSHQ’s functions under a Resources Safety Act or the exercise of RSHQ’s powers under a Resources Safety Act.
(sec.13-ssec.1) The Minister may give a written direction to RSHQ about the performance of RSHQ’s functions under this Act or the exercise of RSHQ’s powers under this Act if the Minister is satisfied it is necessary to give the direction in the public interest.
(sec.13-ssec.2) Without limiting subsection (1) , the direction may be to give reports and information to the Minister.
(sec.13-ssec.3) RSHQ must— comply with a direction given under subsection (1) ; and publish a copy of the direction on a Queensland Government website.
(sec.13-ssec.4) To remove any doubt, it is declared that a direction under subsection (1) must not be about the performance of RSHQ’s functions under a Resources Safety Act or the exercise of RSHQ’s powers under a Resources Safety Act.
(a) comply with a direction given under subsection (1) ; and
(b) publish a copy of the direction on a Queensland Government website.
pt.2-div.3
Chief executive officer
Chief executive officer
sec.14
Appointment
sec.14 Appointment
The Governor in Council must appoint a chief executive officer of RSHQ (the CEO ).
The CEO is appointed under this Act and not the Public Sector Act 2022 .
To be appointed as the CEO, a person must have a professional qualification relevant to the resources industry, and professional experience in the resources sector.
s 14 amd 2022 No. 34 s 365 sch 3
(sec.14-ssec.1) The Governor in Council must appoint a chief executive officer of RSHQ (the CEO ).
(sec.14-ssec.2) The CEO is appointed under this Act and not the Public Sector Act 2022 .
(sec.14-ssec.3) To be appointed as the CEO, a person must have a professional qualification relevant to the resources industry, and professional experience in the resources sector.
sec.15
Disqualification as CEO
sec.15 Disqualification as CEO
A person is disqualified from being appointed, or continuing as, the CEO if the person—
has a conviction, other than a spent conviction, for an indictable offence; or
is an insolvent under administration; or
is disqualified from managing corporations because of the Corporations Act , part 2D .6; or
contravenes section 21 or 22 .
(a) has a conviction, other than a spent conviction, for an indictable offence; or
(b) is an insolvent under administration; or
(c) is disqualified from managing corporations because of the Corporations Act , part 2D .6; or
(d) contravenes section 21 or 22 .
sec.16
Criminal history report
sec.16 Criminal history report
To decide if a person is disqualified from becoming or continuing as the CEO, the Minister may ask the commissioner of the police service 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 commissioner of the police service must comply with the request.
However, the duty to comply applies only to information in the possession of the commissioner of the police service or to which the commissioner of the police service has access.
The Minister must ensure the report is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.
(sec.16-ssec.1) To decide if a person is disqualified from becoming or continuing as the CEO, the Minister may ask the commissioner of the police service 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.16-ssec.2) However, the Minister may make the request only if the person has given the Minister written consent for the request.
(sec.16-ssec.3) The commissioner of the police service must comply with the request.
(sec.16-ssec.4) However, the duty to comply applies only to information in the possession of the commissioner of the police service or to which the commissioner of the police service has access.
(sec.16-ssec.5) The Minister must ensure the report is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.
(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.
sec.17
Term
sec.17 Term
The CEO holds office for the term stated in the CEO’s instrument of appointment.
The stated term must not be more than 5 years.
The CEO may be reappointed.
(sec.17-ssec.1) The CEO holds office for the term stated in the CEO’s instrument of appointment.
(sec.17-ssec.2) The stated term must not be more than 5 years.
(sec.17-ssec.3) The CEO may be reappointed.
sec.18
Remuneration and conditions
sec.18 Remuneration and conditions
The CEO is to be paid the remuneration and other allowances decided by the Governor in Council.
The remuneration must not be reduced during the CEO’s term of office without the CEO’s written consent.
The CEO holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.
(sec.18-ssec.1) The CEO is to be paid the remuneration and other allowances decided by the Governor in Council.
(sec.18-ssec.2) The remuneration must not be reduced during the CEO’s term of office without the CEO’s written consent.
(sec.18-ssec.3) The CEO holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.
sec.19
Removal by Governor in Council
sec.19 Removal by Governor in Council
The Governor in Council may, on the Minister’s recommendation, remove the CEO from office if the Minister is satisfied the CEO—
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
has become incapable of performing the CEO’s functions; or
has neglected the CEO’s duties or performed the CEO’s functions incompetently.
(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) has become incapable of performing the CEO’s functions; or
(c) has neglected the CEO’s duties or performed the CEO’s functions incompetently.
(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.20
Vacancy in office
sec.20 Vacancy in office
The office of the CEO becomes vacant if the CEO—
completes a term of office and is not reappointed; or
resigns office by signed notice given to the Minister; or
becomes disqualified under section 15 from continuing as CEO; or
is removed under section 19 as CEO.
(a) completes a term of office and is not reappointed; or
(b) resigns office by signed notice given to the Minister; or
(c) becomes disqualified under section 15 from continuing as CEO; or
(d) is removed under section 19 as CEO.
sec.21
CEO not to engage in other paid employment
sec.21 CEO not to engage in other paid employment
The CEO must not, without the Minister’s prior written approval—
engage in paid employment outside the responsibilities of the office of the CEO; or
actively take part in the activities of a business, or in the management of a corporation carrying on a business, outside the responsibilities of the office of the CEO.
(a) engage in paid employment outside the responsibilities of the office of the CEO; or
(b) actively take part in the activities of a business, or in the management of a corporation carrying on a business, outside the responsibilities of the office of the CEO.
sec.22
Conflicts of interest
sec.22 Conflicts of interest
If the CEO has an interest that conflicts, or may conflict, with the discharge of the CEO’s responsibilities, the CEO—
must disclose the nature of the interest and conflict to the Minister as soon as practicable after the relevant facts come to the CEO’s knowledge; and
must not take action or further action concerning a matter that is, or may be, affected by the conflict unless authorised by the Minister.
(a) must disclose the nature of the interest and conflict to the Minister as soon as practicable after the relevant facts come to the CEO’s knowledge; and
(b) must not take action or further action concerning a matter that is, or may be, affected by the conflict unless authorised by the Minister.
sec.23
Functions
sec.23 Functions
The CEO has the following functions—
ensuring the effective and efficient administration and operation of RSHQ and the performance of its functions; and
managing the organisational unit under the control of the CEO.
The CEO also has the functions given to the CEO under this Act or another Act.
(sec.23-ssec.1) The CEO has the following functions— ensuring the effective and efficient administration and operation of RSHQ and the performance of its functions; and managing the organisational unit under the control of the CEO.
(sec.23-ssec.2) The CEO also has the functions given to the CEO under this Act or another Act.
(a) ensuring the effective and efficient administration and operation of RSHQ and the performance of its functions; and
(b) managing the organisational unit under the control of the CEO.
sec.24
Powers
sec.24 Powers
The CEO has the power to do anything necessary or convenient to be done for the performance of the CEO’s functions.
The CEO also has the powers given to the CEO under this Act or another Act.
(sec.24-ssec.1) The CEO has the power to do anything necessary or convenient to be done for the performance of the CEO’s functions.
(sec.24-ssec.2) The CEO also has the powers given to the CEO under this Act or another Act.
sec.25
Delegation
sec.25 Delegation
The CEO may delegate the CEO’s functions under this Act to an appropriately qualified person.
In this section—
functions includes powers.
(sec.25-ssec.1) The CEO may delegate the CEO’s functions under this Act to an appropriately qualified person.
(sec.25-ssec.2) In this section— functions includes powers.
sec.26
Acting CEO
sec.26 Acting CEO
The Minister may appoint a person to act as CEO—
during a vacancy in the office; or
during any period, or during all periods, when the CEO is absent from duty or from the State or is, for another reason, unable to perform the duties of the office.
The acting CEO is appointed under this Act and not the Public Sector Act 2022 .
s 26 amd 2022 No. 34 s 365 sch 3
(sec.26-ssec.1) The Minister may appoint a person to act as CEO— during a vacancy in the office; or during any period, or during all periods, when the CEO is absent from duty or from the State or is, for another reason, unable to perform the duties of the office.
(sec.26-ssec.2) The acting CEO is appointed under this Act and not the Public Sector Act 2022 .
(a) during a vacancy in the office; or
(b) during any period, or during all periods, when the CEO is absent from duty or from the State or is, for another reason, unable to perform the duties of the office.
sec.27
Preservation of rights
sec.27 Preservation of rights
This section applies if a public service officer is appointed as the CEO.
The person keeps all rights accrued or accruing to the person as a public service officer as if service as the CEO were a continuation of service as a public service officer.
Without limiting subsection (2) , the person’s appointment does not—
prejudice the person’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
entitle the person to a payment or other benefit because the person is no longer a public service officer.
At the completion of the person’s term of office under section 20 (a) or resignation as the CEO under section 20 (b) —
the person has the right to be appointed to an office in the public service at a salary level no less than the current salary level of an office equivalent to the office the person held before being appointed as the CEO; and
the person’s service as the CEO is taken to be service of a like nature in the public service for deciding the person’s rights as an officer of the public service.
(sec.27-ssec.1) This section applies if a public service officer is appointed as the CEO.
(sec.27-ssec.2) The person keeps all rights accrued or accruing to the person as a public service officer as if service as the CEO were a continuation of service as a public service officer.
(sec.27-ssec.3) Without limiting subsection (2) , the person’s appointment does not— prejudice the person’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 entitle the person to a payment or other benefit because the person is no longer a public service officer.
(sec.27-ssec.4) At the completion of the person’s term of office under section 20 (a) or resignation as the CEO under section 20 (b) — the person has the right to be appointed to an office in the public service at a salary level no less than the current salary level of an office equivalent to the office the person held before being appointed as the CEO; and the person’s service as the CEO is taken to be service of a like nature in the public service for deciding the person’s rights as an officer of the public service.
(a) prejudice the person’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or
(b) 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
(c) entitle the person to a payment or other benefit because the person is no longer a public service officer.
(a) the person has the right to be appointed to an office in the public service at a salary level no less than the current salary level of an office equivalent to the office the person held before being appointed as the CEO; and
(b) the person’s service as the CEO is taken to be service of a like nature in the public service for deciding the person’s rights as an officer of the public service.
pt.2-div.4
Other matters
Other matters
sec.28
Annual report
sec.28 Annual report
RSHQ must include in its annual report prepared under the Financial Accountability Act 2009 , section 63 —
details of the functions performed by RSHQ during the year; and
information about how efficiently and effectively RSHQ has performed its functions, including, for example, identifying key achievements and financial and non-financial performance; and
details of—
any interest disclosed by the CEO under section 22 (a) ; and
any action authorised by the Minister under section 22 (b) ; and
details of—
each direction given by the Minister under section 13 during the financial year to which the report relates; and
action taken by RSHQ because of the direction.
The report must not be prepared in a way that discloses confidential information.
(sec.28-ssec.1) RSHQ must include in its annual report prepared under the Financial Accountability Act 2009 , section 63 — details of the functions performed by RSHQ during the year; and information about how efficiently and effectively RSHQ has performed its functions, including, for example, identifying key achievements and financial and non-financial performance; and details of— any interest disclosed by the CEO under section 22 (a) ; and any action authorised by the Minister under section 22 (b) ; and details of— each direction given by the Minister under section 13 during the financial year to which the report relates; and action taken by RSHQ because of the direction.
(sec.28-ssec.2) The report must not be prepared in a way that discloses confidential information.
(a) details of the functions performed by RSHQ during the year; and
(b) information about how efficiently and effectively RSHQ has performed its functions, including, for example, identifying key achievements and financial and non-financial performance; and
(c) details of— (i) any interest disclosed by the CEO under section 22 (a) ; and (ii) any action authorised by the Minister under section 22 (b) ; and
(i) any interest disclosed by the CEO under section 22 (a) ; and
(ii) any action authorised by the Minister under section 22 (b) ; and
(d) details of— (i) each direction given by the Minister under section 13 during the financial year to which the report relates; and (ii) action taken by RSHQ because of the direction.
(i) each direction given by the Minister under section 13 during the financial year to which the report relates; and
(ii) action taken by RSHQ because of the direction.
(i) any interest disclosed by the CEO under section 22 (a) ; and
(ii) any action authorised by the Minister under section 22 (b) ; and
(i) each direction given by the Minister under section 13 during the financial year to which the report relates; and
(ii) action taken by RSHQ because of the direction.
pt.3
Employing office
Employing office
pt.3-div.1
Establishment
Establishment
sec.29
Establishment of employing office
sec.29 Establishment of employing office
The Resources Safety and Health Queensland employing office (the employing office ) is established.
The employing office consists of—
the executive officer; and
the staff of the employing office.
The employing office is a separate entity from RSHQ.
(sec.29-ssec.1) The Resources Safety and Health Queensland employing office (the employing office ) is established.
(sec.29-ssec.2) The employing office consists of— the executive officer; and the staff of the employing office.
(sec.29-ssec.3) The employing office is a separate entity from RSHQ.
(a) the executive officer; and
(b) the staff of the employing office.
sec.30
Employing office represents the State
sec.30 Employing office represents the State
The employing office represents the State.
Without limiting subsection (1) , the employing office has the status, privileges and immunities of the State.
(sec.30-ssec.1) The employing office represents the State.
(sec.30-ssec.2) Without limiting subsection (1) , the employing office has the status, privileges and immunities of the State.
sec.31
Application of other Acts
sec.31 Application of other Acts
The employing office is—
a unit of public administration under the Crime and Corruption Act 2001 ; and
a statutory body under—
the Financial Accountability Act 2009 ; and
the Statutory Bodies Financial Arrangements Act 1982 .
For applying the Financial Accountability Act 2009 to the employing office as a statutory body—
the executive officer is taken to be the chairperson of the employing office; and
the Financial Accountability Act 2009 is taken to require the executive officer to consider the annual financial statements and the auditor-general’s report as soon as practicable after they are received by the employing office; and
the Financial Accountability Act 2009 is taken to require the executive officer to consider any observations, suggestions or comments given to the executive officer by the auditor-general as soon as practicable after the executive officer receives them.
(sec.31-ssec.1) The employing office is— a unit of public administration under the Crime and Corruption Act 2001 ; and a statutory body under— the Financial Accountability Act 2009 ; and the Statutory Bodies Financial Arrangements Act 1982 .
(sec.31-ssec.2) For applying the Financial Accountability Act 2009 to the employing office as a statutory body— the executive officer is taken to be the chairperson of the employing office; and the Financial Accountability Act 2009 is taken to require the executive officer to consider the annual financial statements and the auditor-general’s report as soon as practicable after they are received by the employing office; and the Financial Accountability Act 2009 is taken to require the executive officer to consider any observations, suggestions or comments given to the executive officer by the auditor-general as soon as practicable after the executive officer receives them.
(a) a unit of public administration under the Crime and Corruption Act 2001 ; and
(b) a statutory body under— (i) the Financial Accountability Act 2009 ; and (ii) the Statutory Bodies Financial Arrangements Act 1982 .
(i) the Financial Accountability Act 2009 ; and
(ii) the Statutory Bodies Financial Arrangements Act 1982 .
(i) the Financial Accountability Act 2009 ; and
(ii) the Statutory Bodies Financial Arrangements Act 1982 .
(a) the executive officer is taken to be the chairperson of the employing office; and
(b) the Financial Accountability Act 2009 is taken to require the executive officer to consider the annual financial statements and the auditor-general’s report as soon as practicable after they are received by the employing office; and
(c) the Financial Accountability Act 2009 is taken to require the executive officer to consider any observations, suggestions or comments given to the executive officer by the auditor-general as soon as practicable after the executive officer receives them.
sec.32
Functions
sec.32 Functions
The main functions of the employing office are—
entering into, for the State, a work performance arrangement with RSHQ under which employees of the employing office perform work for RSHQ; and
employing, for the State, staff to perform work for RSHQ under the work performance arrangement; and
doing anything incidental to the discharge of the functions mentioned in paragraphs (a) and (b) .
Also, the employing office has any other function conferred on the employing office under this Act or another Act.
This section does not limit the employing office’s power to enter into and give effect to a work performance arrangement with a government entity other than RSHQ.
(sec.32-ssec.1) The main functions of the employing office are— entering into, for the State, a work performance arrangement with RSHQ under which employees of the employing office perform work for RSHQ; and employing, for the State, staff to perform work for RSHQ under the work performance arrangement; and doing anything incidental to the discharge of the functions mentioned in paragraphs (a) and (b) .
(sec.32-ssec.2) Also, the employing office has any other function conferred on the employing office under this Act or another Act.
(sec.32-ssec.3) This section does not limit the employing office’s power to enter into and give effect to a work performance arrangement with a government entity other than RSHQ.
(a) entering into, for the State, a work performance arrangement with RSHQ under which employees of the employing office perform work for RSHQ; and
(b) employing, for the State, staff to perform work for RSHQ under the work performance arrangement; and
(c) doing anything incidental to the discharge of the functions mentioned in paragraphs (a) and (b) .
sec.33
Powers
sec.33 Powers
The employing office has the power to do anything necessary or convenient to be done for the performance of the employing office’s functions.
The employing office also has the powers given to it under this Act or another Act.
(sec.33-ssec.1) The employing office has the power to do anything necessary or convenient to be done for the performance of the employing office’s functions.
(sec.33-ssec.2) The employing office also has the powers given to it under this Act or another Act.
sec.34
Staff
sec.34 Staff
The staff of the employing office are to be employed under the Public Sector Act 2022 .
s 34 amd 2022 No. 34 s 365 sch 3
pt.3-div.2
Executive officer
Executive officer
sec.35
Appointment
sec.35 Appointment
There is to be an executive officer of the employing office.
The executive officer is to be appointed by the Governor in Council.
The executive officer is appointed under this Act and not the Public Sector Act 2022 .
s 35 amd 2022 No. 34 s 356 sch 3
(sec.35-ssec.1) There is to be an executive officer of the employing office.
(sec.35-ssec.2) The executive officer is to be appointed by the Governor in Council.
(sec.35-ssec.3) The executive officer is appointed under this Act and not the Public Sector Act 2022 .
sec.36
Disqualification as executive officer
sec.36 Disqualification as executive officer
A person is disqualified from being appointed, or continuing as, the executive officer if the person—
has a conviction, other than a spent conviction, for an indictable offence; or
is an insolvent under administration; or
is disqualified from managing corporations because of the Corporations Act , part 2D .6; or
contravenes section 41 or 42 .
(a) has a conviction, other than a spent conviction, for an indictable offence; or
(b) is an insolvent under administration; or
(c) is disqualified from managing corporations because of the Corporations Act , part 2D .6; or
(d) contravenes section 41 or 42 .
sec.37
Term
sec.37 Term
The executive officer holds office for the term stated in the executive officer’s instrument of appointment.
The stated term must not be more than 5 years.
The executive officer may be reappointed.
(sec.37-ssec.1) The executive officer holds office for the term stated in the executive officer’s instrument of appointment.
(sec.37-ssec.2) The stated term must not be more than 5 years.
(sec.37-ssec.3) The executive officer may be reappointed.
sec.38
Remuneration and conditions
sec.38 Remuneration and conditions
The executive officer is to be paid the remuneration and other allowances decided by the Governor in Council.
The remuneration must not be reduced during the executive officer’s term of office without the executive officer’s written consent.
The executive officer holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.
(sec.38-ssec.1) The executive officer is to be paid the remuneration and other allowances decided by the Governor in Council.
(sec.38-ssec.2) The remuneration must not be reduced during the executive officer’s term of office without the executive officer’s written consent.
(sec.38-ssec.3) The executive officer holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.
sec.39
Removal by Governor in Council
sec.39 Removal by Governor in Council
The Governor in Council may, on the Minister’s recommendation, remove the executive officer from office if the Minister is satisfied the executive officer—
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
has become incapable of performing the executive officer’s functions; or
has neglected the executive officer’s duties or performed the executive officer’s functions incompetently.
(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) has become incapable of performing the executive officer’s functions; or
(c) has neglected the executive officer’s duties or performed the executive officer’s functions incompetently.
(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.40
Vacancy in office
sec.40 Vacancy in office
The office of the executive officer becomes vacant if the executive officer—
completes a term of office and is not reappointed; or
resigns office by signed notice given to the Minister; or
becomes disqualified under section 36 from continuing as executive officer; or
is removed under section 39 as executive officer.
(a) completes a term of office and is not reappointed; or
(b) resigns office by signed notice given to the Minister; or
(c) becomes disqualified under section 36 from continuing as executive officer; or
(d) is removed under section 39 as executive officer.
sec.41
Executive officer not to engage in other paid employment
sec.41 Executive officer not to engage in other paid employment
The executive officer must not, without the Minister’s prior written approval—
engage in paid employment outside the responsibilities of the office of the executive officer; or
actively take part in the activities of a business, or in the management of a corporation carrying on a business.
(a) engage in paid employment outside the responsibilities of the office of the executive officer; or
(b) actively take part in the activities of a business, or in the management of a corporation carrying on a business.
sec.42
Conflicts of interest
sec.42 Conflicts of interest
If the executive officer has an interest that conflicts, or may conflict, with the discharge of the executive officer’s responsibilities, the executive officer—
must disclose the nature of the interest and conflict to the Minister as soon as practicable after the relevant facts come to the executive officer’s knowledge; and
must not take action or further action concerning a matter that is, or may be, affected by the conflict unless authorised by the Minister.
(a) must disclose the nature of the interest and conflict to the Minister as soon as practicable after the relevant facts come to the executive officer’s knowledge; and
(b) must not take action or further action concerning a matter that is, or may be, affected by the conflict unless authorised by the Minister.
sec.43
Functions
sec.43 Functions
The executive officer has the function of ensuring the effective and efficient administration and operation of the employing office and the performance of its functions.
The executive officer also has the functions given to the executive officer under this Act or another Act.
(sec.43-ssec.1) The executive officer has the function of ensuring the effective and efficient administration and operation of the employing office and the performance of its functions.
(sec.43-ssec.2) The executive officer also has the functions given to the executive officer under this Act or another Act.
sec.44
Powers
sec.44 Powers
The executive officer has the power to do anything necessary or convenient to be done for the performance of the executive officer’s functions.
The executive officer also has the powers given to the executive officer under this Act or another Act.
(sec.44-ssec.1) The executive officer has the power to do anything necessary or convenient to be done for the performance of the executive officer’s functions.
(sec.44-ssec.2) The executive officer also has the powers given to the executive officer under this Act or another Act.
sec.45
Delegation
sec.45 Delegation
The executive officer may delegate the executive officer’s functions under this Act to another appropriately qualified officer of the employing office.
In this section—
functions includes powers.
(sec.45-ssec.1) The executive officer may delegate the executive officer’s functions under this Act to another appropriately qualified officer of the employing office.
(sec.45-ssec.2) In this section— functions includes powers.
sec.46
Acting executive officer
sec.46 Acting executive officer
The Minister may appoint a person to act as executive officer—
during a vacancy in the office; or
during any period, or during all periods, when the executive officer is absent from duty or from the State or is, for another reason, unable to perform the duties of the office.
The acting executive officer is appointed under this Act and not the Public Sector Act 2022 .
s 46 amd 2022 No. 34 s 365 sch 3
(sec.46-ssec.1) The Minister may appoint a person to act as executive officer— during a vacancy in the office; or during any period, or during all periods, when the executive officer is absent from duty or from the State or is, for another reason, unable to perform the duties of the office.
(sec.46-ssec.2) The acting executive officer is appointed under this Act and not the Public Sector Act 2022 .
(a) during a vacancy in the office; or
(b) during any period, or during all periods, when the executive officer is absent from duty or from the State or is, for another reason, unable to perform the duties of the office.
sec.47
Preservation of rights
sec.47 Preservation of rights
This section applies if a public service officer is appointed as the executive officer.
The person keeps all rights accrued or accruing to the person as a public service officer as if service as the executive officer were a continuation of service as a public service officer.
Without limiting subsection (2) , the person’s appointment does not—
prejudice the person’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
entitle the person to a payment or other benefit because the person is no longer a public service officer.
At the completion of the person’s term of office under section 40 (a) or resignation as the executive officer under section 40 (b) —
the person has the right to be appointed to an office in the public service at a salary level no less than the current salary level of an office equivalent to the office the person held before being appointed as the executive officer; and
the person’s service as the executive officer is taken to be service of a like nature in the public service for deciding the person’s rights as an officer of the public service.
(sec.47-ssec.1) This section applies if a public service officer is appointed as the executive officer.
(sec.47-ssec.2) The person keeps all rights accrued or accruing to the person as a public service officer as if service as the executive officer were a continuation of service as a public service officer.
(sec.47-ssec.3) Without limiting subsection (2) , the person’s appointment does not— prejudice the person’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 entitle the person to a payment or other benefit because the person is no longer a public service officer.
(sec.47-ssec.4) At the completion of the person’s term of office under section 40 (a) or resignation as the executive officer under section 40 (b) — the person has the right to be appointed to an office in the public service at a salary level no less than the current salary level of an office equivalent to the office the person held before being appointed as the executive officer; and the person’s service as the executive officer is taken to be service of a like nature in the public service for deciding the person’s rights as an officer of the public service.
(a) prejudice the person’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or
(b) 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
(c) entitle the person to a payment or other benefit because the person is no longer a public service officer.
(a) the person has the right to be appointed to an office in the public service at a salary level no less than the current salary level of an office equivalent to the office the person held before being appointed as the executive officer; and
(b) the person’s service as the executive officer is taken to be service of a like nature in the public service for deciding the person’s rights as an officer of the public service.
pt.4
Commissioner for Resources Safety and Health
Commissioner for Resources Safety and Health
sec.48
Appointment
sec.48 Appointment
The Governor in Council must appoint a Commissioner for Resources Safety and Health (the commissioner ).
The commissioner is appointed under this Act and not the Public Sector Act 2022 .
s 48 amd 2022 No. 34 s 365 sch 3
(sec.48-ssec.1) The Governor in Council must appoint a Commissioner for Resources Safety and Health (the commissioner ).
(sec.48-ssec.2) The commissioner is appointed under this Act and not the Public Sector Act 2022 .
sec.49
Qualifications for appointment
sec.49 Qualifications for appointment
To be appointed as the commissioner, a person must have—
a professional qualification relevant to the resources industry, and professional experience in safety and health in the resources sector; or
professional experience in senior operational positions relating to the management of safety and health in the resources sector, and demonstrated competence in the management of safety and health in the resources sector.
(a) a professional qualification relevant to the resources industry, and professional experience in safety and health in the resources sector; or
(b) professional experience in senior operational positions relating to the management of safety and health in the resources sector, and demonstrated competence in the management of safety and health in the resources sector.
sec.50
Disqualification as commissioner
sec.50 Disqualification as commissioner
A person is disqualified from becoming, or continuing as, the commissioner if the person—
has a conviction, other than a spent conviction, for an indictable offence; or
is an insolvent under administration; or
is disqualified from managing corporations because of the Corporations Act , part 2D .6; or
contravenes section 56 or 57 .
(a) has a conviction, other than a spent conviction, for an indictable offence; or
(b) is an insolvent under administration; or
(c) is disqualified from managing corporations because of the Corporations Act , part 2D .6; or
(d) contravenes section 56 or 57 .
sec.51
Criminal history report
sec.51 Criminal history report
To decide if a person is disqualified from becoming or continuing as the commissioner, the Minister may ask the commissioner of the police service 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 commissioner of the police service must comply with the request.
However, the duty to comply applies only to information in the possession of the commissioner of the police service or to which the commissioner of the police service has access.
The Minister must ensure the report is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.
(sec.51-ssec.1) To decide if a person is disqualified from becoming or continuing as the commissioner, the Minister may ask the commissioner of the police service 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.51-ssec.2) However, the Minister may make the request only if the person has given the Minister written consent for the request.
(sec.51-ssec.3) The commissioner of the police service must comply with the request.
(sec.51-ssec.4) However, the duty to comply applies only to information in the possession of the commissioner of the police service or to which the commissioner of the police service has access.
(sec.51-ssec.5) The Minister must ensure the report is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.
(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.
sec.52
Term
sec.52 Term
The commissioner holds office for the term stated in the commissioner’s instrument of appointment.
The stated term must not be more than 5 years.
The commissioner may be reappointed.
(sec.52-ssec.1) The commissioner holds office for the term stated in the commissioner’s instrument of appointment.
(sec.52-ssec.2) The stated term must not be more than 5 years.
(sec.52-ssec.3) The commissioner may be reappointed.
sec.53
Remuneration and conditions
sec.53 Remuneration and conditions
The commissioner is to be paid the remuneration and other allowances decided by the Governor in Council.
The remuneration must not be reduced during the commissioner’s term of office without the commissioner’s written consent.
The commissioner holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.
(sec.53-ssec.1) The commissioner is to be paid the remuneration and other allowances decided by the Governor in Council.
(sec.53-ssec.2) The remuneration must not be reduced during the commissioner’s term of office without the commissioner’s written consent.
(sec.53-ssec.3) The commissioner holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.
sec.54
Removal by Governor in Council
sec.54 Removal by Governor in Council
The Governor in Council may, on the Minister’s recommendation, remove the commissioner from office 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
has become incapable of performing the commissioner’s functions; or
has neglected the commissioner’s duties or performed the commissioner’s functions incompetently.
(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) has become incapable of performing the commissioner’s functions; or
(c) has neglected the commissioner’s duties or performed the commissioner’s functions incompetently.
(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.55
Vacancy in office
sec.55 Vacancy in office
The office of the commissioner becomes vacant if the commissioner—
completes a term of office and is not reappointed; or
resigns office by signed notice given to the Minister; or
becomes disqualified under section 50 from continuing as commissioner; or
is removed under section 54 as commissioner.
(a) completes a term of office and is not reappointed; or
(b) resigns office by signed notice given to the Minister; or
(c) becomes disqualified under section 50 from continuing as commissioner; or
(d) is removed under section 54 as commissioner.
sec.56
Commissioner not to engage in other paid employment
sec.56 Commissioner not to engage in other paid employment
The commissioner must not, without the Minister’s prior written approval—
engage in paid employment outside the responsibilities of the office of the commissioner; or
actively take part in the activities of a business, or in the management of a corporation carrying on a business.
(a) engage in paid employment outside the responsibilities of the office of the commissioner; or
(b) actively take part in the activities of a business, or in the management of a corporation carrying on a business.
sec.57
Conflicts of interest
sec.57 Conflicts of interest
If the commissioner has an interest that conflicts, or may conflict, with the discharge of the commissioner’s responsibilities, the commissioner—
must disclose the nature of the interest and conflict to the Minister as soon as practicable after the relevant facts come to the commissioner’s knowledge; and
must not take action or further action concerning a matter that is, or may be, affected by the conflict unless authorised by the Minister.
(a) must disclose the nature of the interest and conflict to the Minister as soon as practicable after the relevant facts come to the commissioner’s knowledge; and
(b) must not take action or further action concerning a matter that is, or may be, affected by the conflict unless authorised by the Minister.
sec.58
Functions
sec.58 Functions
The commissioner has the following functions—
advising the Minister on matters relating to safety and health in the resources sector;
responding to requests by the Minister for advice on particular matters, including, for example, the strategic direction of RSHQ;
fulfilling the following roles—
chairperson of the coal mining safety and health advisory committee;
chairperson of the mining safety and health advisory committee;
engaging with representatives of the explosives sector, and petroleum and gas sector, about promoting and protecting the safety and health of persons who may be affected by the operation of those sectors;
monitoring, reviewing, and reporting to the Minister on the performance of RSHQ’s functions.
The commissioner also has the functions given to the commissioner under this Act or another Act.
The commissioner must, in performing the commissioner’s functions, act independently, impartially and in the public interest.
(sec.58-ssec.1) The commissioner has the following functions— advising the Minister on matters relating to safety and health in the resources sector; responding to requests by the Minister for advice on particular matters, including, for example, the strategic direction of RSHQ; fulfilling the following roles— chairperson of the coal mining safety and health advisory committee; chairperson of the mining safety and health advisory committee; engaging with representatives of the explosives sector, and petroleum and gas sector, about promoting and protecting the safety and health of persons who may be affected by the operation of those sectors; monitoring, reviewing, and reporting to the Minister on the performance of RSHQ’s functions.
(sec.58-ssec.2) The commissioner also has the functions given to the commissioner under this Act or another Act.
(sec.58-ssec.3) The commissioner must, in performing the commissioner’s functions, act independently, impartially and in the public interest.
(a) advising the Minister on matters relating to safety and health in the resources sector;
(b) responding to requests by the Minister for advice on particular matters, including, for example, the strategic direction of RSHQ;
(c) fulfilling the following roles— (i) chairperson of the coal mining safety and health advisory committee; (ii) chairperson of the mining safety and health advisory committee;
(i) chairperson of the coal mining safety and health advisory committee;
(ii) chairperson of the mining safety and health advisory committee;
(d) engaging with representatives of the explosives sector, and petroleum and gas sector, about promoting and protecting the safety and health of persons who may be affected by the operation of those sectors;
(e) monitoring, reviewing, and reporting to the Minister on the performance of RSHQ’s functions.
(i) chairperson of the coal mining safety and health advisory committee;
(ii) chairperson of the mining safety and health advisory committee;
sec.59
Powers
sec.59 Powers
The commissioner has the power to do anything necessary or convenient to be done for the performance of the commissioner’s functions.
The commissioner also has the powers given to the commissioner under this Act or another Act.
(sec.59-ssec.1) The commissioner has the power to do anything necessary or convenient to be done for the performance of the commissioner’s functions.
(sec.59-ssec.2) The commissioner also has the powers given to the commissioner under this Act or another Act.
sec.60
Acting commissioner
sec.60 Acting commissioner
The Minister may appoint a person to act as commissioner—
during a vacancy in the office; or
during any period, or during all periods, when the commissioner is absent from duty or from the State or is, for another reason, unable to perform the duties of the office.
The acting commissioner is appointed under this Act and not the Public Sector Act 2022 .
s 60 amd 2022 No. 34 s 365 sch 3
(sec.60-ssec.1) The Minister may appoint a person to act as commissioner— during a vacancy in the office; or during any period, or during all periods, when the commissioner is absent from duty or from the State or is, for another reason, unable to perform the duties of the office.
(sec.60-ssec.2) The acting commissioner is appointed under this Act and not the Public Sector Act 2022 .
(a) during a vacancy in the office; or
(b) during any period, or during all periods, when the commissioner is absent from duty or from the State or is, for another reason, unable to perform the duties of the office.
sec.61
Preservation of rights
sec.61 Preservation of rights
This section applies if a public service officer is appointed as the commissioner.
The person keeps all rights accrued or accruing to the person as a public service officer as if service as the commissioner were a continuation of service as a public service officer.
Without limiting subsection (2) , the person’s appointment does not—
prejudice the person’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
entitle the person to a payment or other benefit because the person is no longer a public service officer.
At the completion of the person’s term of office under section 55 (a) or resignation as the commissioner under section 55 (b) —
the person has the right to be appointed to an office in the public service at a salary level no less than the current salary level of an office equivalent to the office the person held before being appointed as the commissioner; and
the person’s service as the commissioner is taken to be service of a like nature in the public service for deciding the person’s rights as an officer of the public service.
(sec.61-ssec.1) This section applies if a public service officer is appointed as the commissioner.
(sec.61-ssec.2) The person keeps all rights accrued or accruing to the person as a public service officer as if service as the commissioner were a continuation of service as a public service officer.
(sec.61-ssec.3) Without limiting subsection (2) , the person’s appointment does not— prejudice the person’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 entitle the person to a payment or other benefit because the person is no longer a public service officer.
(sec.61-ssec.4) At the completion of the person’s term of office under section 55 (a) or resignation as the commissioner under section 55 (b) — the person has the right to be appointed to an office in the public service at a salary level no less than the current salary level of an office equivalent to the office the person held before being appointed as the commissioner; and the person’s service as the commissioner is taken to be service of a like nature in the public service for deciding the person’s rights as an officer of the public service.
(a) prejudice the person’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or
(b) 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
(c) entitle the person to a payment or other benefit because the person is no longer a public service officer.
(a) the person has the right to be appointed to an office in the public service at a salary level no less than the current salary level of an office equivalent to the office the person held before being appointed as the commissioner; and
(b) the person’s service as the commissioner is taken to be service of a like nature in the public service for deciding the person’s rights as an officer of the public service.
sec.62
Staff services from government agency
sec.62 Staff services from government agency
The commissioner may, with the agreement of the chief executive of a government agency, arrange for the services of officers or employees of the agency to be made available to the commissioner.
An officer or employee whose services are made available under subsection (1) —
continues to be an officer or employee of the government agency; and
continues to be employed or otherwise engaged by the government agency on the same terms and conditions applying to the officer or employee immediately before the services were made available; and
is subject to the direction of the commissioner only in relation to the services made available to the commissioner and for the performance of the commissioner’s functions.
Nothing in subsection (1) requires the chief executive of a government agency to enter into an arrangement mentioned in that subsection.
In this section—
chief executive includes—
for RSHQ—the CEO; or
for the employing office—the executive officer.
government agency means—
a department or an administrative unit within a department; or
a government owned corporation or a subsidiary of a government owned corporation; or
an entity that is established under an Act and represents the State, including, for example, RSHQ or the employing office; or
a local government.
(sec.62-ssec.1) The commissioner may, with the agreement of the chief executive of a government agency, arrange for the services of officers or employees of the agency to be made available to the commissioner.
(sec.62-ssec.2) An officer or employee whose services are made available under subsection (1) — continues to be an officer or employee of the government agency; and continues to be employed or otherwise engaged by the government agency on the same terms and conditions applying to the officer or employee immediately before the services were made available; and is subject to the direction of the commissioner only in relation to the services made available to the commissioner and for the performance of the commissioner’s functions.
(sec.62-ssec.3) Nothing in subsection (1) requires the chief executive of a government agency to enter into an arrangement mentioned in that subsection.
(sec.62-ssec.4) In this section— chief executive includes— for RSHQ—the CEO; or for the employing office—the executive officer. government agency means— a department or an administrative unit within a department; or a government owned corporation or a subsidiary of a government owned corporation; or an entity that is established under an Act and represents the State, including, for example, RSHQ or the employing office; or a local government.
(a) continues to be an officer or employee of the government agency; and
(b) continues to be employed or otherwise engaged by the government agency on the same terms and conditions applying to the officer or employee immediately before the services were made available; and
(c) is subject to the direction of the commissioner only in relation to the services made available to the commissioner and for the performance of the commissioner’s functions.
(a) for RSHQ—the CEO; or
(b) for the employing office—the executive officer.
(a) a department or an administrative unit within a department; or
(b) a government owned corporation or a subsidiary of a government owned corporation; or
(c) an entity that is established under an Act and represents the State, including, for example, RSHQ or the employing office; or
(d) a local government.
sec.63
Ministerial direction
sec.63 Ministerial direction
The Minister may give a written direction to the commissioner about the performance of the commissioner’s functions or the exercise of the commissioner’s powers if the Minister is satisfied it is necessary to give the direction in the public interest.
Without limiting subsection (1) , the direction may be to give reports and information to the Minister.
The direction can not be about the content of any advice or recommendation given by the commissioner.
The commissioner must—
comply with the direction; and
publish a copy of the direction on a Queensland Government website.
(sec.63-ssec.1) The Minister may give a written direction to the commissioner about the performance of the commissioner’s functions or the exercise of the commissioner’s powers if the Minister is satisfied it is necessary to give the direction in the public interest.
(sec.63-ssec.2) Without limiting subsection (1) , the direction may be to give reports and information to the Minister.
(sec.63-ssec.3) The direction can not be about the content of any advice or recommendation given by the commissioner.
(sec.63-ssec.4) The commissioner must— comply with the direction; and publish a copy of the direction on a Queensland Government website.
(a) comply with the direction; and
(b) publish a copy of the direction on a Queensland Government website.
sec.64
Annual report
sec.64 Annual report
The commissioner must—
prepare and give to the Minister a written report about the operations of the commissioner during each financial year; and
as soon as practicable after it is given to the Minister, publish it on a Queensland Government website.
The report must be given within 4 months after the end of the financial year to which the report relates.
The report must include—
details of the functions performed by the commissioner during the year; and
information about how efficiently and effectively the commissioner has performed the commissioner’s functions, including, for example, identifying key achievements and financial and non-financial performance; and
details of—
any interest disclosed by the commissioner under section 57 (a) ; and
any action authorised by the Minister under section 57 (b) ; and
details of—
each direction given by the Minister under section 63 during the financial year to which the report relates; and
action taken by the commissioner because of the direction.
The report must not be prepared in a way that discloses confidential information.
The Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving it.
(sec.64-ssec.1) The commissioner must— prepare and give to the Minister a written report about the operations of the commissioner during each financial year; and as soon as practicable after it is given to the Minister, publish it on a Queensland Government website.
(sec.64-ssec.2) The report must be given within 4 months after the end of the financial year to which the report relates.
(sec.64-ssec.3) The report must include— details of the functions performed by the commissioner during the year; and information about how efficiently and effectively the commissioner has performed the commissioner’s functions, including, for example, identifying key achievements and financial and non-financial performance; and details of— any interest disclosed by the commissioner under section 57 (a) ; and any action authorised by the Minister under section 57 (b) ; and details of— each direction given by the Minister under section 63 during the financial year to which the report relates; and action taken by the commissioner because of the direction.
(sec.64-ssec.4) The report must not be prepared in a way that discloses confidential information.
(sec.64-ssec.5) The Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving it.
(a) prepare and give to the Minister a written report about the operations of the commissioner during each financial year; and
(b) as soon as practicable after it is given to the Minister, publish it on a Queensland Government website.
(a) details of the functions performed by the commissioner during the year; and
(b) information about how efficiently and effectively the commissioner has performed the commissioner’s functions, including, for example, identifying key achievements and financial and non-financial performance; and
(c) details of— (i) any interest disclosed by the commissioner under section 57 (a) ; and (ii) any action authorised by the Minister under section 57 (b) ; and
(i) any interest disclosed by the commissioner under section 57 (a) ; and
(ii) any action authorised by the Minister under section 57 (b) ; and
(d) details of— (i) each direction given by the Minister under section 63 during the financial year to which the report relates; and (ii) action taken by the commissioner because of the direction.
(i) each direction given by the Minister under section 63 during the financial year to which the report relates; and
(ii) action taken by the commissioner because of the direction.
(i) any interest disclosed by the commissioner under section 57 (a) ; and
(ii) any action authorised by the Minister under section 57 (b) ; and
(i) each direction given by the Minister under section 63 during the financial year to which the report relates; and
(ii) action taken by the commissioner because of the direction.
sec.65
Annual budget
sec.65 Annual budget
The commissioner must, before each 31 March, prepare, in consultation with the CEO, a budget of estimated costs of the commissioner for the next financial year.
The Minister must approve, or refuse to approve, a budget by each 31 May.
However, a failure by the Minister to act under subsection (2) does not prevent the Minister approving, or refusing to approve, a budget at later time.
A budget has no effect until it has been approved by the Minister on the recommendation of the commissioner and the CEO.
During a financial year the commissioner may prepare, in consultation with the CEO, amendments to the budget for that year.
An amendment of a budget has no effect until it has been approved by the Minister on the recommendation of the commissioner and the CEO.
If the commissioner and the CEO differ about what should be recommended to the Minister for an approval under this section, the Minister may still give the approval.
The commissioner may spend money in a financial year only under the budget for that year, unless the Minister otherwise approves.
This section does not require the commissioner or the CEO to give the Minister any details that would, if given, prejudice a current investigation.
(sec.65-ssec.1) The commissioner must, before each 31 March, prepare, in consultation with the CEO, a budget of estimated costs of the commissioner for the next financial year.
(sec.65-ssec.2) The Minister must approve, or refuse to approve, a budget by each 31 May.
(sec.65-ssec.3) However, a failure by the Minister to act under subsection (2) does not prevent the Minister approving, or refusing to approve, a budget at later time.
(sec.65-ssec.4) A budget has no effect until it has been approved by the Minister on the recommendation of the commissioner and the CEO.
(sec.65-ssec.5) During a financial year the commissioner may prepare, in consultation with the CEO, amendments to the budget for that year.
(sec.65-ssec.6) An amendment of a budget has no effect until it has been approved by the Minister on the recommendation of the commissioner and the CEO.
(sec.65-ssec.7) If the commissioner and the CEO differ about what should be recommended to the Minister for an approval under this section, the Minister may still give the approval.
(sec.65-ssec.8) The commissioner may spend money in a financial year only under the budget for that year, unless the Minister otherwise approves.
(sec.65-ssec.9) This section does not require the commissioner or the CEO to give the Minister any details that would, if given, prejudice a current investigation.
pt.5
General
General
sec.66
Disclosure of information
sec.66 Disclosure of information
A person must not disclose information concerning the personal affairs of a person or commercially sensitive information obtained by the person in the administration of this Act, unless the disclosure is made—
with the consent of the person from whom the information was obtained; or
in the administration of this Act; or
in a proceeding under this Act or a report of the proceeding; or
in a proceeding before a court in which the information is relevant to the issue before the court.
Maximum penalty—100 penalty units.
(a) with the consent of the person from whom the information was obtained; or
(b) in the administration of this Act; or
(c) in a proceeding under this Act or a report of the proceeding; or
(d) in a proceeding before a court in which the information is relevant to the issue before the court.
sec.67
CEO may disclose information to particular entities
sec.67 CEO may disclose information to particular entities
The CEO may disclose anything that comes to the CEO’s knowledge under this Act or a Resources Safety Act to a prescribed entity if the CEO is satisfied the disclosure would assist in the performance of the prescribed entity’s functions under an Act or another law.
Subsection (1) applies despite section 66 and the prescribed confidentiality provisions.
In this section—
prescribed confidentiality provision means—
the Coal Mining Safety and Health Act 1999 , section 275A ; or
the Explosives Act 1999 , section 132 ; or
the Mining and Quarrying Safety and Health Act 1999 , section 255 .
prescribed entity means—
the chief executive of a department in which a Resource Act is administered; or
the chief executive of a department or another entity responsible for administering a law of the Commonwealth or a State about safety and health; or
the WHS prosecutor; or
the director of public prosecutions.
Resource Act see the Mineral and Energy Resources (Common Provisions) Act 2014 .
WHS prosecutor see the Work Health and Safety Act 2011 , schedule 2 , section 25 .
s 67 amd 2024 No. 34 s 266
(sec.67-ssec.1) The CEO may disclose anything that comes to the CEO’s knowledge under this Act or a Resources Safety Act to a prescribed entity if the CEO is satisfied the disclosure would assist in the performance of the prescribed entity’s functions under an Act or another law.
(sec.67-ssec.2) Subsection (1) applies despite section 66 and the prescribed confidentiality provisions.
(sec.67-ssec.3) In this section— prescribed confidentiality provision means— the Coal Mining Safety and Health Act 1999 , section 275A ; or the Explosives Act 1999 , section 132 ; or the Mining and Quarrying Safety and Health Act 1999 , section 255 . prescribed entity means— the chief executive of a department in which a Resource Act is administered; or the chief executive of a department or another entity responsible for administering a law of the Commonwealth or a State about safety and health; or the WHS prosecutor; or the director of public prosecutions. Resource Act see the Mineral and Energy Resources (Common Provisions) Act 2014 . WHS prosecutor see the Work Health and Safety Act 2011 , schedule 2 , section 25 .
(a) the Coal Mining Safety and Health Act 1999 , section 275A ; or
(b) the Explosives Act 1999 , section 132 ; or
(c) the Mining and Quarrying Safety and Health Act 1999 , section 255 .
(a) the chief executive of a department in which a Resource Act is administered; or
(b) the chief executive of a department or another entity responsible for administering a law of the Commonwealth or a State about safety and health; or
(c) the WHS prosecutor; or
(d) the director of public prosecutions.
sec.68
Regulation-making power
sec.68 Regulation-making power
The Governor in Council may make regulations under this Act.
pt.6
Transfer notices
Transfer notices
sec.69
Definitions for part
sec.69 Definitions for part
In this part—
instrument means any document, and includes—
a written or oral agreement; and
an application; and
an accreditation, approval, certificate, entitlement, exemption, licence, manual, notice, permit, plan and any other authority.
right includes power, privilege and immunity.
transfer notice see section 70 (1) .
(a) a written or oral agreement; and
(b) an application; and
(c) an accreditation, approval, certificate, entitlement, exemption, licence, manual, notice, permit, plan and any other authority.
sec.70
Minister may make transfer notice
sec.70 Minister may make transfer notice
For the purpose of the establishment of RSHQ or the employing office, the Minister may, by gazette notice (a transfer notice ), do any of the following—
transfer a business, asset or liability of the State to RSHQ or the employing office;
grant a lease, easement or other right from the State to RSHQ or the employing office;
vary or extinguish a lease, easement or other right held by the State;
in relation to a lease held under the Land Act 1994 —
transfer the lease; or
change a purpose for which the lease is issued; or
change a condition imposed on the lease; or
grant a sublease;
in relation to a reserve under the Land Act 1994 —
change a community purpose for which the reserve is dedicated; or
remove a trustee of the reserve; or
appoint a trustee of the reserve, subject to conditions or without conditions;
provide whether and, if so, the extent to which, RSHQ is the successor in law of the State;
make provision for a legal proceeding that is being, or may be, taken by or against the State to be continued or taken by or against RSHQ or the employing office;
make provision for or about the issue, transfer or application of an instrument to RSHQ or the employing office.
A transfer notice may include conditions applying to something done or to be done under the notice.
If the Minister is satisfied it would be inappropriate for a particular matter to be stated in a transfer notice (for example, because of the size or nature of the matter), the Minister may provide for the matter by including a reference in the transfer notice to another document that is—
signed by the Minister; and
kept available, at a place stated in the transfer notice, for inspection by the persons to whom the matter relates.
The transfer of a liability of the State under a transfer notice discharges the State from the liability, other than to the extent stated in the notice.
A transfer notice has effect despite any other law or instrument.
A transfer notice has effect on the day it is published in the gazette or a later day stated in it.
If a transfer notice makes provision for a matter under subsection (1) (h) in relation to an instrument, the responsible entity for the instrument must take the action necessary to register or record the effect of the transfer notice, including—
updating a register or other record; and
amending, cancelling or issuing an instrument.
In this section—
lease includes any derivative under lease of the lease.
responsible entity , for an instrument, means the entity required or authorised by law to register or record matters in relation to the instrument.
(sec.70-ssec.1) For the purpose of the establishment of RSHQ or the employing office, the Minister may, by gazette notice (a transfer notice ), do any of the following— transfer a business, asset or liability of the State to RSHQ or the employing office; grant a lease, easement or other right from the State to RSHQ or the employing office; vary or extinguish a lease, easement or other right held by the State; in relation to a lease held under the Land Act 1994 — transfer the lease; or change a purpose for which the lease is issued; or change a condition imposed on the lease; or grant a sublease; in relation to a reserve under the Land Act 1994 — change a community purpose for which the reserve is dedicated; or remove a trustee of the reserve; or appoint a trustee of the reserve, subject to conditions or without conditions; provide whether and, if so, the extent to which, RSHQ is the successor in law of the State; make provision for a legal proceeding that is being, or may be, taken by or against the State to be continued or taken by or against RSHQ or the employing office; make provision for or about the issue, transfer or application of an instrument to RSHQ or the employing office.
(sec.70-ssec.2) A transfer notice may include conditions applying to something done or to be done under the notice.
(sec.70-ssec.3) If the Minister is satisfied it would be inappropriate for a particular matter to be stated in a transfer notice (for example, because of the size or nature of the matter), the Minister may provide for the matter by including a reference in the transfer notice to another document that is— signed by the Minister; and kept available, at a place stated in the transfer notice, for inspection by the persons to whom the matter relates.
(sec.70-ssec.4) The transfer of a liability of the State under a transfer notice discharges the State from the liability, other than to the extent stated in the notice.
(sec.70-ssec.5) A transfer notice has effect despite any other law or instrument.
(sec.70-ssec.6) A transfer notice has effect on the day it is published in the gazette or a later day stated in it.
(sec.70-ssec.7) If a transfer notice makes provision for a matter under subsection (1) (h) in relation to an instrument, the responsible entity for the instrument must take the action necessary to register or record the effect of the transfer notice, including— updating a register or other record; and amending, cancelling or issuing an instrument.
(sec.70-ssec.8) In this section— lease includes any derivative under lease of the lease. responsible entity , for an instrument, means the entity required or authorised by law to register or record matters in relation to the instrument.
(a) transfer a business, asset or liability of the State to RSHQ or the employing office;
(b) grant a lease, easement or other right from the State to RSHQ or the employing office;
(c) vary or extinguish a lease, easement or other right held by the State;
(d) in relation to a lease held under the Land Act 1994 — (i) transfer the lease; or (ii) change a purpose for which the lease is issued; or (iii) change a condition imposed on the lease; or (iv) grant a sublease;
(i) transfer the lease; or
(ii) change a purpose for which the lease is issued; or
(iii) change a condition imposed on the lease; or
(iv) grant a sublease;
(e) in relation to a reserve under the Land Act 1994 — (i) change a community purpose for which the reserve is dedicated; or (ii) remove a trustee of the reserve; or (iii) appoint a trustee of the reserve, subject to conditions or without conditions;
(i) change a community purpose for which the reserve is dedicated; or
(ii) remove a trustee of the reserve; or
(iii) appoint a trustee of the reserve, subject to conditions or without conditions;
(f) provide whether and, if so, the extent to which, RSHQ is the successor in law of the State;
(g) make provision for a legal proceeding that is being, or may be, taken by or against the State to be continued or taken by or against RSHQ or the employing office;
(h) make provision for or about the issue, transfer or application of an instrument to RSHQ or the employing office.
(i) transfer the lease; or
(ii) change a purpose for which the lease is issued; or
(iii) change a condition imposed on the lease; or
(iv) grant a sublease;
(i) change a community purpose for which the reserve is dedicated; or
(ii) remove a trustee of the reserve; or
(iii) appoint a trustee of the reserve, subject to conditions or without conditions;
(a) signed by the Minister; and
(b) kept available, at a place stated in the transfer notice, for inspection by the persons to whom the matter relates.
(a) updating a register or other record; and
(b) amending, cancelling or issuing an instrument.
sec.71
Application of instruments
sec.71 Application of instruments
This section applies if a transfer notice provides for an instrument that applied to an entity (the transferor ) to apply to another entity (the transferee ) in place of the transferor.
Without limiting the application of the transfer notice to the instrument—
any right, title, interest or liability of the transferor arising under or relating to the instrument is taken to be transferred from the transferor to the transferee; and
if the instrument, including a benefit or right provided by the instrument, is given to, by or in favour of the transferor, the instrument is taken to have been given to, by or in favour of the transferee; and
the transferee is taken to be a party to the instrument in place of the transferor; and
a reference in the instrument to the transferor is, to the extent possible and if the context permits, taken to be a reference to the transferee; and
if an application was made for the instrument in the name of the transferor, the application is taken to have been made in the name of the transferee; and
if the instrument is an instrument under which an amount is or may become payable to or by the transferor, the instrument is taken to be an instrument under which the amount is or may become payable to or by the transferee, in the way the amount was or might have been payable to or by the transferor; and
if the instrument is an instrument under which property, other than money, is or may become liable to be transferred, conveyed or assigned to or by the transferor, the instrument is taken to be an instrument under which the property is or may become liable to be transferred, conveyed or assigned to or by the transferee, in the way it was or might have been liable to be transferred, conveyed or assigned to or by the transferor.
(sec.71-ssec.1) This section applies if a transfer notice provides for an instrument that applied to an entity (the transferor ) to apply to another entity (the transferee ) in place of the transferor.
(sec.71-ssec.2) Without limiting the application of the transfer notice to the instrument— any right, title, interest or liability of the transferor arising under or relating to the instrument is taken to be transferred from the transferor to the transferee; and if the instrument, including a benefit or right provided by the instrument, is given to, by or in favour of the transferor, the instrument is taken to have been given to, by or in favour of the transferee; and the transferee is taken to be a party to the instrument in place of the transferor; and a reference in the instrument to the transferor is, to the extent possible and if the context permits, taken to be a reference to the transferee; and if an application was made for the instrument in the name of the transferor, the application is taken to have been made in the name of the transferee; and if the instrument is an instrument under which an amount is or may become payable to or by the transferor, the instrument is taken to be an instrument under which the amount is or may become payable to or by the transferee, in the way the amount was or might have been payable to or by the transferor; and if the instrument is an instrument under which property, other than money, is or may become liable to be transferred, conveyed or assigned to or by the transferor, the instrument is taken to be an instrument under which the property is or may become liable to be transferred, conveyed or assigned to or by the transferee, in the way it was or might have been liable to be transferred, conveyed or assigned to or by the transferor.
(a) any right, title, interest or liability of the transferor arising under or relating to the instrument is taken to be transferred from the transferor to the transferee; and
(b) if the instrument, including a benefit or right provided by the instrument, is given to, by or in favour of the transferor, the instrument is taken to have been given to, by or in favour of the transferee; and
(c) the transferee is taken to be a party to the instrument in place of the transferor; and
(d) a reference in the instrument to the transferor is, to the extent possible and if the context permits, taken to be a reference to the transferee; and
(e) if an application was made for the instrument in the name of the transferor, the application is taken to have been made in the name of the transferee; and
(f) if the instrument is an instrument under which an amount is or may become payable to or by the transferor, the instrument is taken to be an instrument under which the amount is or may become payable to or by the transferee, in the way the amount was or might have been payable to or by the transferor; and
(g) if the instrument is an instrument under which property, other than money, is or may become liable to be transferred, conveyed or assigned to or by the transferor, the instrument is taken to be an instrument under which the property is or may become liable to be transferred, conveyed or assigned to or by the transferee, in the way it was or might have been liable to be transferred, conveyed or assigned to or by the transferor.
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 Resources Safety and Health Queensland Act 2020 .
sec.2 Commencement
sec.2 Commencement
This Act, other than sections 120 and 122 , commences on a day to be fixed by proclamation.
sec.3 Definitions
sec.3 Definitions
The dictionary in schedule 1 defines particular words used in this Act.
sec.4 Main purposes
sec.4 Main purposes
The main purposes of this Act are—
to establish an independent statutory body called Resources Safety and Health Queensland to regulate safety and health in the resources sector; and
to establish the Resources Safety and Health Queensland employing office; and
to provide for the Commissioner for Resources Safety and Health.
(a) to establish an independent statutory body called Resources Safety and Health Queensland to regulate safety and health in the resources sector; and
(b) to establish the Resources Safety and Health Queensland employing office; and
(c) to provide for the Commissioner for Resources Safety and Health.
pt.2 Resources Safety and Health Queensland
Resources Safety and Health Queensland
pt.2-div.1 Establishment
Establishment
sec.5 Establishment of RSHQ
sec.5 Establishment of RSHQ
Resources Safety and Health Queensland ( RSHQ ) is established.
sec.6 Legal status
sec.6 Legal status
RSHQ—
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 Membership
sec.7 Membership
RSHQ consists of—
the CEO; and
the organisational unit under the control of the CEO.
(a) the CEO; and
(b) the organisational unit under the control of the CEO.
sec.8 RSHQ represents the State
sec.8 RSHQ represents the State
RSHQ represents the State.
Without limiting subsection (1) , RSHQ has the privileges and immunities of the State.
(sec.8-ssec.1) RSHQ represents the State.
(sec.8-ssec.2) Without limiting subsection (1) , RSHQ has the privileges and immunities of the State.
Imposes statutory duties and transparency steps: RSHQ and the commissioner must include specified matters in annual reports, including interests disclosed by the CEO or commissioner, and each ministerial direction received and action taken in response (ss 28, 64). The commissioner must prepare an annual budget in consultation with the CEO and may spend only under an approved budget, subject to Ministerial approval (s 65).
Sets confidentiality and disclosure rules. A general prohibition on disclosing personal or commercially sensitive information obtained under the Act carries a penalty of 100 penalty units, subject to enumerated exceptions (s 66). The CEO has express power to disclose information to prescribed entities where it would assist their functions; that power operates despite s 66 and certain prescribed confidentiality provisions in Resource Acts (s 67).
Provides a mechanism for transferring State assets, liabilities, leases, instruments and legal proceedings to RSHQ or the employing office by gazette transfer notice, including provisions taking rights and liabilities to have moved to the transferee and requiring responsible entities to register such changes (ss 69-71). A transfer notice operates “despite any other law or instrument” and takes effect on publication in the gazette or a stated later date (s 70(5)-(6)).
The Act states its main purposes in s 4: to establish RSHQ, to establish the employing office, and to provide for the Commissioner. Those are purpose statements rather than legal duties; the operative mechanics above implement that purpose.
From an incentives and cost perspective (grounded in the Act): RSHQ can generate revenue by charging fees for services or facilities (s 11(f)), which creates a direct cost to regulated operators. RSHQ and the commissioner are required to be transparent about ministerial directions and conflicts of interest (ss 28, 64, 22, 42, 57), imposing administrative compliance costs. Ministerial directions are available but constrained by express limits (ss 13(4), 63(3)); the power to direct, coupled with mandatory publication, creates both a formal oversight lever for Government and an administrative burden on RSHQ and the commissioner to document and publish compliance. Transfer notices (Pt 6) offer an expedient vehicle for moving corporate and property rights to the new entities (s 70) but also centralise legal consequences , transfer notices operate despite other law (s 70(5)) and may discharge the State from liabilities transferred (s 70(4)), shifting legal and financial risk onto RSHQ or the employing office. The employing office model separates employment liability from RSHQ operation (s 29(3), s 32), which changes who formally employs staff and therefore who bears employment-law obligations (s 34). All of these mechanics alter where costs fall, who decides operationally, and how private entities will contract with and interact with the regulator.
Main concepts
This part explains the Act’s principal legal constructs and how the text defines or operates them.
RSHQ (Resources Safety and Health Queensland). Established as a body corporate with the privileges and immunities of the State (ss 5-9). It is explicitly a unit of public administration under the Crime and Corruption Act 2001 and a statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 (s 9). The main statutory function is to administer the Resources Safety Acts and further their purposes, with particular functions listed in s 10 (protecting and regulating safety and health, monitoring compliance and carrying out incidental commercial activities). RSHQ’s powers extend broadly (s 11) and it may operate inside or outside Queensland (s 12).
Employing office. A distinct statutory entity created to employ staff who perform work for RSHQ under a work performance arrangement (s 29, s 32). The employing office represents the State and has the status, privileges and immunities of the State (s 30). The employing office is to be treated as a statutory body for the application of the Financial Accountability Act 2009, with the executive officer treated as its chairperson for certain financial oversight obligations (s 31). The employing office’s staff are employed under the Public Sector Act 2022 (s 34), which defines the employment legal regime.
Transfer notice and instrument. The Act defines “instrument” broadly in s 69 to include written or oral agreements, applications, accreditations, licences, plans and other authorities; “transfer notice” is a gazette notice under s 70 authorising transfer of State businesses, assets, liabilities, leases and other rights to RSHQ or the employing office. A transfer notice may vary leases (including those under the Land Act 1994), change reserve purposes, appoint trustees, provide for RSHQ to be successor in law, continue legal proceedings in the new entity’s name and transfer instruments (s 70). Critically, a transfer notice takes effect despite any other law or instrument (s 70(5)) and the responsible entity for an instrument must take steps to register or record the transfer (s 70(7)). Section 71 operationalises how instruments apply after transfer: rights, liabilities, applications and references are taken to be transferred or to refer to the transferee.
Senior officers and governance. The CEO of RSHQ, the executive officer of the employing office, and the commissioner are statutory officers appointed by the Governor in Council (ss 14, 35, 48). Each office has qualification and disqualification rules (ss 14, 15, 49, 36, 50), term limits (max 5 years) and reappointment eligibility (ss 17, 37, 52). Removal is by Governor in Council on Ministerial recommendation for grounds such as inappropriate conduct, incapacity or neglect/incompetence (ss 19, 39, 54). Officers are not appointed under the Public Sector Act 2022 (repeated across sections), which leaves their appointment instruments, remuneration and conditions to be set under this Act and Governor in Council decisions (ss 14(2), 18, 38, 53).
Ministerial directions and limits. The Minister may give written directions to RSHQ (s 13) and to the commissioner (s 63) in the public interest. Directions must be complied with and published (ss 13(3), 63(4)). The Act contains limits: a direction under s 13 must not be about the performance of RSHQ’s functions under a Resources Safety Act or the exercise of RSHQ’s powers under a Resources Safety Act (s 13(4)); a direction to the commissioner cannot be about the content of the commissioner’s advice or recommendations (s 63(3)).
Transparency, reporting and budgets. RSHQ’s annual report must include functions performed, performance efficiency and effectiveness information, disclosed interests of the CEO and ministerial directions and actions taken because of them (s 28). The commissioner must prepare an annual report with equivalent content and the Minister must table it in the Legislative Assembly within 14 sitting days of receipt (s 64). The commissioner prepares a budget in consultation with the CEO by 31 March each year (s 65); the Minister must approve or refuse by 31 May (s 65(2)), and expenditure is constrained to the approved budget except with Ministerial approval (s 65(8)).
Confidentiality and disclosure carve-outs. There is a broad prohibition on disclosing personal affairs or commercially sensitive information obtained under the Act, with exceptions and a 100 penalty unit maximum (s 66). Section 67 allows the CEO to disclose anything that comes to the CEO’s knowledge under this Act or a Resources Safety Act to prescribed entities where it would assist their statutory functions; s 67 operates despite s 66 and certain confidentiality provisions in other Resource Acts (s 67(2)-(3)).
These concepts structure the Act’s operational relationships: an independent statutory regulator (RSHQ) utilises a separate employing office for staffing, is overseen by a Minister who retains constrained directing powers, and the commissioner provides independent advice and oversight roles while working within defined budgetary and reporting constraints.
Who it affects
The Act identifies and alters the legal position of several discrete groups and entities. The following is a practical mapping of who is directly affected and how, with statutory references.
RSHQ itself (ss 5-11). RSHQ is the new regulator for safety and health in the resources sector. As a statutory body it will manage assets, enter contracts, appoint agents and charge fees (s 11). Operators in the resources industry will face regulator engagement with an entity that represents the State and has the privileges and immunities that entails (s 8).
Existing State entities holding assets, leases or instruments that are transferred. Transfer notices (s 70) may move businesses, assets, liabilities, leases and other rights from the State to RSHQ or the employing office. The Act expressly states that transferring a liability via transfer notice discharges the State from that liability to the extent stated (s 70(4)), shifting legal responsibility to the transferee.
Public service staff and employing office staff. The employing office employs staff for the State to perform work for RSHQ under work performance arrangements (s 32). Those staff are employed under the Public Sector Act 2022 (s 34). A public service officer appointed as CEO, executive officer or commissioner retains public service rights and continuity protections (ss 27, 47, 61), and at term end has a right to reappointment in an equivalent public service office (ss 27(4), 47(4), 61(4)).
Prospective office-holders: CEO, executive officer, commissioner. Appointment is by Governor in Council (ss 14, 35, 48). The Act imposes qualification requirements and disqualification rules tied to criminal history, insolvency and Corporations Act disqualifications (ss 14(3), 15, 16, 36, 50, 51). Applicants must provide written consent for police criminal history reports when requested by the Minister (ss 16, 51). Office-holders are subject to constraints on outside paid employment (ss 21, 41, 56) and must disclose conflicts of interest to the Minister and refrain from acting on matters affected by such conflicts unless authorised (ss 22, 42, 57).
Other government agencies. The commissioner may, with a chief executive’s agreement, arrange for officers or employees of another government agency to be made available to the commissioner; those officers remain employees of the agency and are subject to the commissioner only in relation to the services provided (s 62). The employing office is a statutory body for the Financial Accountability Act purpose and the executive officer is treated as chairperson for particular financial duties (s 31).
Prescribed entities and prosecutors. Section 67 identifies prescribed entities (departmental chief executives responsible for Resource Acts, entities administering Commonwealth or State occupational safety laws, the WHS prosecutor and the Director of Public Prosecutions) to whom the CEO may disclose information obtained under this Act if it will assist in their functions. Those entities receive information under statutory authority despite other confidentiality provisions (s 67).
Licence, lease and instrument holders. Instruments defined broadly in s 69 can be transferred by transfer notice. Where an instrument that applied to a transferor is made to apply to a transferee, s 71 treats rights, obligations, applications and references as having moved to the transferee; responsible entities must update registers and records accordingly (s 70(7), s 71). Private parties with contractual or statutory rights against the State should expect their counterparty to change if a transfer notice addresses their instrument.
The Minister and Governor in Council. The Minister retains several oversight levers: giving directions to RSHQ (s 13) and the commissioner (s 63), recommending removal of statutory officers to the Governor in Council (ss 19, 39, 54), and approving the commissioner’s budget (s 65). The Governor in Council makes appointments and removals (ss 14, 19, 35, 39, 48, 54).
Regulated businesses and the broader resources industry. The Act centralises regulatory administration in RSHQ and authorises RSHQ to charge fees for services or facilities it supplies (s 11(f)), implying a direct financial and administrative relationship between industry operators and the new regulator. Operators will be subject to any compliance, reporting and investigatory processes RSHQ implements under the Resources Safety Acts it administers (s 10).
In summary, those who pay costs are primarily regulated entities that engage with RSHQ (fees under s 11), the State where liabilities are transferred to RSHQ via transfer notices (s 70), and the employing office (which formally employs staff under s 34). Decision-makers are Governor in Council for appointments and removals, the Minister for direction and budget approvals, and the CEO/executive officer/commissioner for operational decisions within statutory constraints (ss 14, 13, 65, 23, 43, 58). The Act changes private choice by shifting contractual counterparties in many instances (s 71) and by imposing new disclosure and reporting relationships.
Key duties and rights
This section outlines the primary legal duties imposed on statutory officers and entities, and the rights the Act expressly creates.
Duties and functions (statutory musts)
RSHQ’s core function is to administer the Resources Safety Acts and further their purposes (s 10(1)). Specific functions include protecting safety and health in the resources industry, regulating safety and health, monitoring compliance and effectiveness, and carrying out incidental commercial activities (s 10(2)).
The CEO’s functions include ensuring effective and efficient administration and operation of RSHQ and managing the organisational unit under the CEO’s control (s 23(1)). The CEO must not engage in outside paid employment without the Minister’s prior written approval (s 21) and must disclose and manage conflicts of interest to the Minister (s 22). The CEO may delegate functions to appropriately qualified persons (s 25).
The executive officer’s functions mirror the CEO’s role for the employing office: ensuring effective and efficient administration and operation and performance of the employing office’s functions (s 43). Similar constraints on outside employment and conflict disclosure apply (ss 41, 42).
The commissioner’s functions are: advising the Minister on safety and health matters; responding to Ministerial requests for advice, including strategic advice on RSHQ; chairing advisory committees (coal mining safety and health and mining safety and health advisory committees); engaging with explosives, petroleum and gas sector representatives about safety and health; and monitoring, reviewing and reporting to the Minister on RSHQ’s performance (s 58). The commissioner must act independently, impartially and in the public interest while performing functions (s 58(3)).
Ministerial directions: the Minister may give written directions to RSHQ (s 13(1)) and to the commissioner (s 63(1)) about the performance of their functions or the exercise of their powers if the Minister is satisfied it is necessary in the public interest. The Act requires compliance with such directions and mandates publication of the direction (ss 13(3), 63(4)). There are built-in limits: s 13(4) excludes directions about performance of RSHQ’s functions under a Resources Safety Act; s 63(3) prevents directions about the content of any advice or recommendation given by the commissioner.
Reporting duties: RSHQ must include specific items in its annual report under the Financial Accountability Act 2009, including functions performed, performance information, disclosed interests of the CEO and actions authorised by the Minister under s 22, and details of each direction given by the Minister under s 13 and action taken (s 28). The commissioner must prepare and publish an annual report with corresponding content and must have it tabled by the Minister in the Legislative Assembly within 14 sitting days (s 64).
Confidentiality and disclosure: persons must not disclose personal affairs or commercially sensitive information obtained under the Act except as allowed (s 66). The CEO may disclose information to prescribed entities where it assists their statutory functions despite s 66 and specified prescribed confidentiality provisions in resource legislation (s 67).
Rights and entitlements (statutory protections and authorities)
Corporate status and State representation: RSHQ and the employing office represent the State and enjoy the privileges and immunities of the State (ss 8, 30). RSHQ is a body corporate and may sue and be sued (s 6).
Appointment and tenure protections: CEOs, executive officers and the commissioner hold office for a stated term up to five years and may be reappointed (ss 17, 37, 52). Remuneration for office-holders is fixed by the Governor in Council and cannot be reduced during the term without the officer’s consent (ss 18(1)-(2), 38(1)-(2), 53(1)-(2)).
Delegation and operational powers: the CEO, executive officer and commissioner each have broad powers to do anything necessary or convenient for performing their functions and may delegate functions to appropriately qualified persons (ss 24-25, 44-45, 59).
Budget and spending: the commissioner prepares a budget in consultation with the CEO (s 65(1)). The Minister must approve or refuse by 31 May (s 65(2)), and the commissioner may spend money only under the approved budget unless the Minister otherwise approves (s 65(8)). If the commissioner and CEO differ on recommendations to the Minister, the Minister may still give approval (s 65(7)). A budget has no effect until approved (s 65(4)).
Transfer notice mechanics: transfer notices may move rights, liabilities and instruments to RSHQ or the employing office, and specify whether RSHQ is successor in law to the State (ss 70(1)(f), 71). Transfer notices take effect despite any other law or instrument and on publication in the gazette (s 70(5)-(6)). Where an instrument is transferred, prescribed registration actions must be taken by the responsible entity (s 70(7)).
Protections for public service officers appointed to statutory office: if a public service officer is appointed as CEO, executive officer or commissioner they retain accrued public service rights and continuity for determining entitlements; on completion of their statutory term they have a right to be appointed to a public service office at no less than the previous salary level, and their service as a statutory officer is taken as service of a like nature in the public service (ss 27, 47, 61).
The Act therefore imposes a mix of positive duties (administer, report, consult on budgets, disclose conflicts, comply with directions), negative constraints (no outside paid employment without approval, confidentiality obligations), and confers rights (corporate status, delegation and contracting powers, tenure protections, budgetary process).
Penalties and enforcement
The Act contains relatively limited express criminal or penalty provisions in the excerpt provided, but it establishes statutory mechanisms and obligations that have enforcement implications.
Express penalties
Confidentiality breach: section 66 creates a criminal or penalty offence. A person must not disclose information concerning the personal affairs of a person or commercially sensitive information obtained under the Act except in enumerated circumstances; the maximum penalty is 100 penalty units (s 66). The Act does not provide other express monetary penalties in the text provided.
Administrative enforcement and removal powers
Removal of statutory officers: the Governor in Council may remove the CEO, the executive officer, and the commissioner on the Minister’s recommendation where the Minister is satisfied the officer has engaged in inappropriate or improper conduct (in official capacity or in private capacity reflecting seriously and adversely on the office), has become incapable of performing functions, or has neglected duties or performed incompetently (ss 19, 39, 54). Those sections provide an administrative enforcement mechanism for maladministration or incapacity.
Ministerial directions and compliance: the Minister may give written directions to RSHQ and to the commissioner, which must be complied with and published (ss 13(1),(3), 63(1),(4)). Non-compliance with a legitimate direction could ground administrative or disciplinary action, including removal under the removal provisions (ss 19, 39, 54).
Oversight and accountability frameworks
Financial and corruption oversight: RSHQ and the employing office are units of public administration under the Crime and Corruption Act 2001 and statutory bodies under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 (s 9, s 31(1)). That categorisation brings RSHQ within the statutory regimes for financial accountability and corruption prevention and investigation under those Acts, which contain their own enforcement mechanisms such as audit, reporting and potential referral to the Crime and Corruption Commission.
Reporting and parliamentary oversight: RSHQ must include detailed material in its annual report under the Financial Accountability Act 2009, including directions received under s 13 and actions taken (s 28). The commissioner must prepare an annual report and the Minister must table it in the Legislative Assembly within 14 sitting days (s 64(5)). Those reporting obligations create transparency mechanisms that allow parliamentary and public scrutiny.
Transfer notice effect and statutory primacy
Transfer notices have force “despite any other law or instrument” (s 70(5)). The Act therefore grants a statutory mechanism to reassign rights, assets and liabilities that cannot be overridden by inconsistent instruments; enforcement of such transfers is effected by statutory operation and by requiring responsible entities to update registers (s 70(7)). The Act states that a transfer of a liability discharges the State from the liability to the extent stated in the notice (s 70(4)).
Implied avenues for challenge and legal enforcement
The Act does not itself outline judicial enforcement mechanisms specific to most obligations, but the statutory duties and powers (including publication and reporting duties, and the primacy of transfer notices) will be subject to the ordinary availability of judicial review and contractual remedies in external courts as relevant. The Act’s grant of State privileges and immunities to RSHQ and the employing office (ss 8, 30) may affect litigation strategies and remedies, as those privileges can influence procedural and substantive legal effects when the State is a party.
In short, the explicit criminal penalty in the text is limited to confidentiality breaches (s 66). Enforcement otherwise is effected by administrative levers (directions, removal powers), statutory accountability regimes (Financial Accountability Act, Crime and Corruption Act per s 9), and statutory transfer mechanics (Pt 6). The Act links to external enforcement frameworks rather than creating a wide standalone penalties schedule in the provided text.
How it interacts with other laws
The Act makes numerous cross-references and integrates with existing Queensland and Commonwealth legal frameworks. These interactions define administrative relationships, disclosure carve-outs and procedural procedures.
Crime and Corruption Act 2001. The Act declares RSHQ and the employing office to be units of public administration under the Crime and Corruption Act 2001 (s 9, s 31(1)). That means RSHQ and the employing office fall within the scope of anti-corruption oversight and must comply with relevant reporting and conduct obligations under that Act.
Financial Accountability Act 2009 and Statutory Bodies Financial Arrangements Act 1982. RSHQ and the employing office are statutory bodies for the purposes of those Acts, so their financial management and reporting obligations are governed by those Acts (ss 9, 31(1)). The employing office has specific treatment under the Financial Accountability Act (s 31(2)), with the executive officer treated as the chairperson for certain functions.
Public Sector Act 2022. The Act repeatedly states that the CEO, executive officer and commissioner are appointed under this Act and not under the Public Sector Act 2022 (e.g. ss 14(2), 26(2), 35(3), 46(2), 48(2), 60(2)). However, the employing office staff are to be employed under the Public Sector Act 2022 (s 34). This creates a bifurcated employment and appointment regime: senior statutory officers receive appointment and tenure from this Act, while operational staff fall under the general public sector employment legislation.
Resource-specific Acts. Section 67 refers to prescribed confidentiality provisions in the Coal Mining Safety and Health Act 1999, the Explosives Act 1999, and the Mining and Quarrying Safety and Health Act 1999 (s 67(3)). The CEO’s disclosure powers (s 67(1)) operate despite s 66 and those prescribed confidentiality provisions (s 67(2)). The Act also references the Mineral and Energy Resources (Common Provisions) Act 2014 for the definition of Resource Act (s 67(3)).
Work Health and Safety Act 2011. The Act identifies the WHS prosecutor by reference to the Work Health and Safety Act 2011 schedule 2, s 25 in s 67(3). This positions RSHQ’s information-sharing powers within the broader national WHS prosecutorial framework.
Land Act 1994. Section 70(1)(d)-(e) explicitly deals with leases held under the Land Act 1994 and reserves under the Land Act 1994, giving the Minister powers to transfer leases, change purposes, change conditions, grant subleases, change reserve community purposes and appoint or remove trustees in relation to the establishment of RSHQ or the employing office (s 70(1)(d)-(e)).
Corporations Act and insolvency law. Disqualification criteria for CEO, executive officer and commissioner reference Corporations Act disqualification under part 2D.6 and insolvency under administration (ss 15, 36, 50). Those references import Commonwealth company law causes of disqualification into the statutory officer appointment framework.
Registration and instruments. Where a transfer notice applies to an instrument, the responsible entity must register or record the effect of the transfer including updating registers and amending, cancelling or issuing an instrument (s 70(7)). This directly interacts with statutory registers administered under other legislation and with administrative processes for licences, leases and permits.
Priority and statutory effect
The Act contains a clear supremacy mechanism for transfer notices: they have effect despite any other law or instrument (s 70(5)). That is an express statutory displacement of otherwise applicable legal relations when a transfer notice is used. The Act also provides that a transfer of a liability under a transfer notice discharges the State from the liability other than to the extent stated in the notice (s 70(4)), altering the allocation of legal responsibility established under other laws.
Reporting and accountability linkages
Annual reporting links RSHQ and the commissioner into the Financial Accountability Act framework and into Parliamentary oversight (ss 28, 64), while classification as units of public administration links them to the Crime and Corruption Act’s oversight. The commissioner’s budgetary process requires Ministerial approval (s 65), drawing a financial control link to the executive arm.
In sum, the Act places the new entities inside existing financial accountability and anti-corruption frameworks, imports company-law disqualifications for office-holders, creates a statutory primacy for transfer notices over other instruments, and provides express disclosure carve-outs to fit RSHQ’s information flows with other safety and prosecutorial agencies.
Amendment history
The Act as provided contains inline amendment notations for certain sections. The source text itself identifies amendments by year and schedule references; the following are the amendments recorded within the provided material.
Multiple sections were amended by 2022 No. 34, schedule 3 (s 365). The amendment note appears against sections dealing with appointments being under this Act and not the Public Sector Act 2022. Sections showing this amendment note include s 14 (Appointment of CEO), s 26 (Acting CEO), s 34 (Staff employment), s 35 (Appointment of executive officer), s 46 (Acting executive officer), s 48 (Appointment of commissioner), s 60 (Acting commissioner), and s 65 (Annual budget) where annotated as "s 14 amd 2022 No. 34 s 365 sch 3" or similar. Those notes indicate that the relevant provisions were modified in 2022 to clarify that the listed appointments are made under this Act and not under the Public Sector Act 2022.
Section 67 carries an amendment notation "s 67 amd 2024 No. 34 s 266." The text of s 67 sets out CEO disclosure powers to prescribed entities despite s 66 and specified prescribed confidentiality provisions, and the 2024 amendment reference indicates changes were made to that section in 2024 (the precise textual change is not shown beyond the notation in the source).
Several sections repeat the amendment annotation pattern where the source reproduces the text with an inline note (for example, "s 26 amd 2022 No. 34 s 365 sch 3"). Those annotations appear to be concentrated around appointment machinery and interactions with the Public Sector Act 2022.
The source does not provide a full consolidated amendment table or the legislative instruments effecting the amendments beyond the inline notes. The Act text itself includes those amendment markers adjacent to the operative provisions. The presence of these annotations indicates legislative modification of appointment and employment provisions in 2022 and at least one amendment in 2024 to s 67. The Act as presented does not contain any other amendment history such as commencement proclamations beyond s 2 noting that the Act, other than ss 120 and 122, commences on proclamation (the provided text does not include ss 120 or 122 or their subject matter).
For a comprehensive parliamentary amendment history and precise textual changes, one must consult the Queensland legislation register, the relevant amending Acts (not reproduced here) and the consolidated version of the Act. The in-text amendment notes in the material supplied identify dates and schedule references for key changes to appointment and staff provisions and to s 67, and signal the policy focus of amendments has been on appointment/appointment-process carveouts vis-a-vis the Public Sector Act 2022 and on disclosure powers.
Litigation history
The provided Act text does not include any references to judicial decisions, case law, or litigation outcomes. No specific cases are named in the text. Therefore there is no litigation history recorded within the source material itself.
That absence does not mean the Act is immune to litigation. The Act creates several legal relationships and mechanisms that may give rise to judicial review, statutory interpretation disputes and other litigation. Those potential grounds are identified in the text and worth noting because they represent realistic triggers for legal challenge grounded in the Act’s provisions:
Transfer notices and statutory primacy (s 70). The provision that transfer notices “have effect despite any other law or instrument” (s 70(5)) and can discharge the State from liabilities transferred (s 70(4)) may generate disputes about proper exercise of power, sufficiency of notice, or whether particular instruments were validly captured by the transfer notice. Litigation could concern the effect on third-party rights and the extent to which registries or other responsible entities must record changes (s 70(7)).
Ministerial directions and limitations (ss 13, 63). Disputes could arise over whether a particular Ministerial direction falls within the statutory power and the public interest threshold, whether a direction impermissibly encroaches on prohibited subject matter (s 13(4), s 63(3)), or whether publication and compliance obligations have been met.
Removal of statutory officers (ss 19, 39, 54). A removal recommended by the Minister and carried out by Governor in Council could be litigated on procedural fairness, reasonableness, or jurisdictional error grounds if the officer contends removal was not properly made in accordance with the Act.
Confidentiality and disclosure (ss 66-67). Actions taken under s 67 to disclose information to prescribed entities despite other confidentiality provisions, and prosecutions or penalty notices for breaches of s 66, could be contested on statutory construction or evidentiary bases.
Budget approval and spending limits (s 65). Disputes could arise where the Minister withholds approval of a commissioner’s budget or where the commissioner spends funds in a way claimed to be inconsistent with the budgetary constraints.
Because the Act deliberately places RSHQ and the employing office under the Crime and Corruption Act and the Financial Accountability Act (s 9, s 31), enforcement and oversight actions pursuant to those statutes (audits, integrity investigations) may lead to administrative law litigation or appeals under the relevant tribunals or courts. The running text does not reproduce any litigation outcomes or decisions.
For a complete picture of litigation history one would need to search Queensland court and tribunal databases, the Commonwealth/State law reports, and integrity body decisions for matters involving RSHQ, its officers, or transfer notices. Such searches are outside the text provided; the Act simply creates several statutory nodes where litigation could later develop.
Gotchas
This section flags textual traps and practical pitfalls that arise directly from the Act’s wording. Each point is anchored to the Act and is phrased to highlight implementation or compliance risk.
Appointments not under the Public Sector Act 2022. The CEO, acting CEO, executive officer, acting executive officer, commissioner and acting commissioner are all appointed under this Act and not the Public Sector Act 2022 (see ss 14(2), 26(2), 35(3), 46(2), 48(2), 60(2)). Practically, this means terms, removals, remuneration and some employment protections for those offices are governed here and not by general public sector appointment rules. That divergence requires attention when reconciling entitlements and procedural protections.
Disqualifications import external law. Disqualification from office includes convictions for indictable offences (other than spent convictions), insolvency under administration, and Corporations Act disqualification under part 2D.6 (ss 15, 36, 50). Applicants or employers must check Commonwealth company law and insolvency regimes when assessing eligibility.
Criminal history checks require consent, and the Minister must destroy reports when no longer needed. The Minister may request criminal history reports but only with the person’s written consent; the police commissioner must comply and the Minister must ensure destruction of the report when no longer necessary (ss 16, 51). Failure to observe consent or retention requirements may contravene privacy or administrative obligations.
Conflicts of interest process is Minister-facing and restricts action. CEOs, executive officers and the commissioner must disclose conflicts to the Minister as soon as practicable and must not act on matters affected by the conflict unless authorised by the Minister (ss 22, 42, 57). The practical implication is that conflict management is centralised to Ministerial authorisation rather than an internal register-only approach.
Ministerial direction powers are broad but contain constrained topics. The Minister can direct RSHQ and the commissioner in the public interest, including requiring reports, and directions must be complied with and published (ss 13(1)-(3), 63(1)-(4)). However s 13(4) prohibits directions about RSHQ’s functions under a Resources Safety Act, and s 63(3) prohibits directions about the content of the commissioner’s advice. The line between permissible direction (e.g. requiring reports or setting administrative expectations) and prohibited direction (e.g. directing substantive regulatory decisions under Resource Acts or dictating advisory content) may be a practical source of dispute.
Conflicting confidentiality rules and a statutory disclosure carve-out. Section 66 forbids disclosure of personal affairs or commercially sensitive information and carries a significant penalty (100 penalty units). Section 67 allows the CEO to disclose to prescribed entities where it would assist in their functions, “despite section 66 and the prescribed confidentiality provisions” listed. Practitioners must track which confidentiality rules apply and when s 67’s disclosure route is lawful.
Transfer notices change legal counterparties and can displace other laws. A transfer notice can move instruments and liabilities and has effect despite other laws and instruments (s 70(5)). Where an instrument is transferred, the transferee is taken to be the party to the instrument, applications are deemed made in the transferee’s name, and registries must be updated (s 71, s 70(7)). Third parties with rights or obligations against the State should verify whether a transfer notice affects their instruments and who is now the counterparty.
Transfer notices can discharge the State of liability. Where a transfer notice transfers a liability of the State, it discharges the State from that liability to the extent stated in the notice (s 70(4)). That is an allocation-of-risk decision made by regulation or the Minister via gazette notice and may have material financial consequences.
Budgetary approval constrains commissioner spending. The commissioner may prepare a budget but cannot spend unless the Minister approves it on the recommendation of the commissioner and the CEO (s 65(4), (8)). Approval must be sought annually and the Minister has a statutory window (by 31 May) to approve or refuse (s 65(2)), although the Minister can approve at a later time (s 65(3)). Failure to secure approval limits lawful expenditure.
Reporting and publication obligations carry operational burdens. RSHQ and the commissioner must include detailed items in annual reports, including ministerial directions and actions taken because of them (ss 28, 64). The CEO is required to publish any ministerial direction given under s 13 (s 13(3)), and the commissioner must publish directions under s 63(4). These publication obligations create both transparency and administrative overhead.
State representation and privileges. RSHQ and the employing office represent the State and have the privileges and immunities of the State (ss 8, 30). That affects service, litigation, immunity claims and indemnity structures when RSHQ or the employing office is a party to proceedings.
Employment and HR split. The employing office is a separate entity from RSHQ (s 29(3)-(4)). The employing office employs staff under the Public Sector Act 2022 (s 34) and enters work performance arrangements with RSHQ (s 32). Operationally this requires clear contractual arrangements to govern secondments, reporting lines and who bears employment liabilities.
Each of these “gotchas” arises directly from the statutory text and represents a specific operational or compliance risk to be handled in implementation.
How to comply
This section translates statutory duties into concrete compliance steps for entities, officers and regulated businesses. Each step references the relevant statutory provision.
For prospective CEO, executive officer or commissioner candidates
Verify eligibility against disqualification grounds: no unspent indictable convictions, not an insolvent under administration, not disqualified under Corporations Act part 2D.6 (ss 15, 36, 50). Document checks.
Provide written consent for police criminal history reports if requested by the Minister. The Minister may request a criminal history report only if the candidate gives written consent; ensure consent is clear, limited and recorded (ss 16, 51).
Ensure you hold the relevant professional qualifications or senior operational experience required by the appointment provisions (ss 14(3), 49).
For CEOs, executive officers and commissioners on appointment
Keep a contemporaneous conflicts-of-interest register and disclose any interest that conflicts or may conflict to the Minister as soon as practicable (ss 22, 42, 57). Seek Ministerial authorisation before acting on any matter where a conflict exists (ss 22(2), 42(2), 57(2)).
Do not engage in outside paid employment or actively take part in external business management without the Minister’s prior written approval (ss 21, 41, 56). Seek and record written approvals on file.
Understand delegation mechanics: document any delegations under ss 25, 45 and ensure delegates are appropriately qualified.
For RSHQ operational compliance
Integrate the Financial Accountability Act 2009 and Statutory Bodies Financial Arrangements Act processes into RSHQ’s governance because RSHQ is a statutory body under those Acts (s 9). Prepare the annual report with the elements mandated in s 28 and ensure confidential information is excluded from public reports (s 28(2)).
Establish procedures for responding to Ministerial directions: receive written directions, publish them on a Queensland Government website as required (s 13(3)), and record actions taken to comply (s 13(2)-(3)).
If RSHQ intends to charge fees, set up appropriate accounting and fee policy aligned with s 11(f) and the Financial Accountability Act 2009.
For the commissioner’s office
Prepare the annual budget in consultation with the CEO before 31 March (s 65(1)). Submit to the Minister and track approval by 31 May; do not expend beyond the approved budget unless the Minister approves otherwise (ss 65(2), (4), (8)).
Maintain independence in advisory work and document the basis for advice to show compliance with s 58(3) while being responsive to requests from the Minister (s 58(2)).
For the employing office and HR
Ensure employing office employees are engaged under the Public Sector Act 2022 (s 34). Implement work performance arrangements with RSHQ that clearly define who is the employer, who directs day-to-day work, and who bears employment liabilities (s 32).
Treat the employing office as a statutory body for Financial Accountability Act purposes: ensure the executive officer performs chairperson-equivalent functions for financial oversight (s 31(2)).
For information handling and disclosure
Implement a confidentiality compliance regime aligned with s 66: map what information is personal or commercially sensitive and document lawful bases for disclosure (consent, administration of the Act, proceedings exceptions in s 66).
Where the CEO considers disclosure to a prescribed entity under s 67, document the statutory basis, the prescribed entity’s function that is assisted, and ensure the disclosure falls within the scope of s 67(1). Keep a disclosure log and coordinate with relevant prosecutorial or departmental counterparts.
For entities affected by transfer notices
Monitor the Queensland Government Gazette for transfer notices under s 70. If a transfer notice affects an instrument for which your organisation is the responsible entity, promptly update registers, amend, cancel or issue instruments as required by s 70(7).
Review contracts and insurance arrangements to confirm whether liability transfers in a transfer notice alter risk allocation (s 70(4)). Seek legal advice on whether the transfer notice changes the State’s liability or your contractual counterpart.
For operational transparency and record-keeping
RSHQ and the commissioner must include in annual reports details of ministerial directions and actions taken (ss 28(1)(d), 64(3)(d)). Maintain contemporaneous records of directions and resulting actions, and publish required materials on the stated government website(s).
Maintain retention and destruction schedules for criminal history reports as the Minister is required to destroy the report when no longer needed (ss 16(5), 51(5)). When the Minister receives reports, ensure protocols for secure storage and timely destruction.
For risk allocation and litigation preparedness
Where privileges and immunities of the State apply to RSHQ and the employing office (ss 8, 30), legal teams should audit indemnity arrangements, insurance, and procedural immunity consequences for claims.
Control and document delegation decisions to reduce judicial review exposures for administrative decisions. Ensure removal or disciplinary processes adhere to procedural fairness to withstand possible judicial scrutiny under ss 19, 39, 54.
Governance checklists and policies to adopt
Conflicts of interest policy aligned with ss 22, 42, 57, including Ministerial notification templates.
Ministerial direction receipt and publishing workflow to satisfy ss 13(3) and 63(4).
Budget calendar and approvals checklist aligned with s 65 required timings.
Transfer notice monitoring procedure and register-update process as required by s 70(7) and s 71.
Data classification and disclosure decision log to satisfy s 66 exceptions and s 67 disclosure powers.
Following these steps, with written procedures, decision logs and Ministerial authorisation records, will align operational practices with statutory obligations and reduce compliance risk. Legal review should be sought when transfer notices, ministerial directions that appear to push statutory limits, or complex disclosure decisions are involved.
RSHQ is—
a unit of public administration under the Crime and Corruption Act 2001 ; and
a statutory body under—
the Financial Accountability Act 2009 ; and
the Statutory Bodies Financial Arrangements Act 1982 .
The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way that Act affects RSHQ’s powers.
(sec.9-ssec.1) RSHQ is— a unit of public administration under the Crime and Corruption Act 2001 ; and a statutory body under— the Financial Accountability Act 2009 ; and the Statutory Bodies Financial Arrangements Act 1982 .
(sec.9-ssec.2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way that Act affects RSHQ’s powers.
(a) a unit of public administration under the Crime and Corruption Act 2001 ; and
(b) a statutory body under— (i) the Financial Accountability Act 2009 ; and (ii) the Statutory Bodies Financial Arrangements Act 1982 .
(i) the Financial Accountability Act 2009 ; and
(ii) the Statutory Bodies Financial Arrangements Act 1982 .
(i) the Financial Accountability Act 2009 ; and
(ii) the Statutory Bodies Financial Arrangements Act 1982 .
pt.2-div.2 Functions and powers
Functions and powers
sec.10 Functions
sec.10 Functions
The main function of RSHQ is to administer the Resources Safety Acts and to further their purposes.
Without limiting subsection (1) , RSHQ has the following functions—
protecting the safety and health of persons in the resources industry;
regulating safety and health in the resources industry;
monitoring compliance with, and the effectiveness of, the Resources Safety Acts;
carrying out commercial activities incidental to RSHQ’s main function.
RSHQ also has the functions given to it under this Act or another Act.
(sec.10-ssec.1) The main function of RSHQ is to administer the Resources Safety Acts and to further their purposes.
(sec.10-ssec.2) Without limiting subsection (1) , RSHQ has the following functions— protecting the safety and health of persons in the resources industry; regulating safety and health in the resources industry; monitoring compliance with, and the effectiveness of, the Resources Safety Acts; carrying out commercial activities incidental to RSHQ’s main function.
(sec.10-ssec.3) RSHQ also has the functions given to it under this Act or another Act.
(a) protecting the safety and health of persons in the resources industry;
(b) regulating safety and health in the resources industry;
(c) monitoring compliance with, and the effectiveness of, the Resources Safety Acts;
(d) carrying out commercial activities incidental to RSHQ’s main function.
sec.11 Powers
sec.11 Powers
RSHQ has all the powers of an individual and may, for example—
enter into contracts or agreements; and
deal in land or other property; and
appoint agents and attorneys; and
engage consultants or contractors; and
establish funds and accounts with any financial institution in Australia; and
charge an entity a fee for services or facilities it supplies; and
do anything else necessary or convenient to be done in the performance of RSHQ’s functions.
RSHQ also has the powers given to it under this Act or another Act.
(sec.11-ssec.1) RSHQ has all the powers of an individual and may, for example— enter into contracts or agreements; and deal in land or other property; and appoint agents and attorneys; and engage consultants or contractors; and establish funds and accounts with any financial institution in Australia; and charge an entity a fee for services or facilities it supplies; and do anything else necessary or convenient to be done in the performance of RSHQ’s functions.
(sec.11-ssec.2) RSHQ also has the powers given to it under this Act or another Act.
(a) enter into contracts or agreements; and
(b) deal in land or other property; and
(c) appoint agents and attorneys; and
(d) engage consultants or contractors; and
(e) establish funds and accounts with any financial institution in Australia; and
(f) charge an entity a fee for services or facilities it supplies; and
(g) do anything else necessary or convenient to be done in the performance of RSHQ’s functions.
sec.12 Performing functions and exercising powers inside and outside Queensland
sec.12 Performing functions and exercising powers inside and outside Queensland
RSHQ may perform its functions, or exercise its powers, inside or outside Queensland.
sec.13 Ministerial direction
sec.13 Ministerial direction
The Minister may give a written direction to RSHQ about the performance of RSHQ’s functions under this Act or the exercise of RSHQ’s powers under this Act if the Minister is satisfied it is necessary to give the direction in the public interest.
Without limiting subsection (1) , the direction may be to give reports and information to the Minister.
RSHQ must—
comply with a direction given under subsection (1) ; and
publish a copy of the direction on a Queensland Government website.
To remove any doubt, it is declared that a direction under subsection (1) must not be about the performance of RSHQ’s functions under a Resources Safety Act or the exercise of RSHQ’s powers under a Resources Safety Act.
(sec.13-ssec.1) The Minister may give a written direction to RSHQ about the performance of RSHQ’s functions under this Act or the exercise of RSHQ’s powers under this Act if the Minister is satisfied it is necessary to give the direction in the public interest.
(sec.13-ssec.2) Without limiting subsection (1) , the direction may be to give reports and information to the Minister.
(sec.13-ssec.3) RSHQ must— comply with a direction given under subsection (1) ; and publish a copy of the direction on a Queensland Government website.
(sec.13-ssec.4) To remove any doubt, it is declared that a direction under subsection (1) must not be about the performance of RSHQ’s functions under a Resources Safety Act or the exercise of RSHQ’s powers under a Resources Safety Act.
(a) comply with a direction given under subsection (1) ; and
(b) publish a copy of the direction on a Queensland Government website.
pt.2-div.3 Chief executive officer
Chief executive officer
sec.14 Appointment
sec.14 Appointment
The Governor in Council must appoint a chief executive officer of RSHQ (the CEO ).
The CEO is appointed under this Act and not the Public Sector Act 2022 .
To be appointed as the CEO, a person must have a professional qualification relevant to the resources industry, and professional experience in the resources sector.
s 14 amd 2022 No. 34 s 365 sch 3
(sec.14-ssec.1) The Governor in Council must appoint a chief executive officer of RSHQ (the CEO ).
(sec.14-ssec.2) The CEO is appointed under this Act and not the Public Sector Act 2022 .
(sec.14-ssec.3) To be appointed as the CEO, a person must have a professional qualification relevant to the resources industry, and professional experience in the resources sector.
sec.15 Disqualification as CEO
sec.15 Disqualification as CEO
A person is disqualified from being appointed, or continuing as, the CEO if the person—
has a conviction, other than a spent conviction, for an indictable offence; or
is an insolvent under administration; or
is disqualified from managing corporations because of the Corporations Act , part 2D .6; or
contravenes section 21 or 22 .
(a) has a conviction, other than a spent conviction, for an indictable offence; or
(b) is an insolvent under administration; or
(c) is disqualified from managing corporations because of the Corporations Act , part 2D .6; or
(d) contravenes section 21 or 22 .
sec.16 Criminal history report
sec.16 Criminal history report
To decide if a person is disqualified from becoming or continuing as the CEO, the Minister may ask the commissioner of the police service 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 commissioner of the police service must comply with the request.
However, the duty to comply applies only to information in the possession of the commissioner of the police service or to which the commissioner of the police service has access.
The Minister must ensure the report is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.
(sec.16-ssec.1) To decide if a person is disqualified from becoming or continuing as the CEO, the Minister may ask the commissioner of the police service 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.16-ssec.2) However, the Minister may make the request only if the person has given the Minister written consent for the request.
(sec.16-ssec.3) The commissioner of the police service must comply with the request.
(sec.16-ssec.4) However, the duty to comply applies only to information in the possession of the commissioner of the police service or to which the commissioner of the police service has access.
(sec.16-ssec.5) The Minister must ensure the report is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.
(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.
sec.17 Term
sec.17 Term
The CEO holds office for the term stated in the CEO’s instrument of appointment.
The stated term must not be more than 5 years.
The CEO may be reappointed.
(sec.17-ssec.1) The CEO holds office for the term stated in the CEO’s instrument of appointment.
(sec.17-ssec.2) The stated term must not be more than 5 years.
(sec.17-ssec.3) The CEO may be reappointed.
sec.18 Remuneration and conditions
sec.18 Remuneration and conditions
The CEO is to be paid the remuneration and other allowances decided by the Governor in Council.
The remuneration must not be reduced during the CEO’s term of office without the CEO’s written consent.
The CEO holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.
(sec.18-ssec.1) The CEO is to be paid the remuneration and other allowances decided by the Governor in Council.
(sec.18-ssec.2) The remuneration must not be reduced during the CEO’s term of office without the CEO’s written consent.
(sec.18-ssec.3) The CEO holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.
sec.19 Removal by Governor in Council
sec.19 Removal by Governor in Council
The Governor in Council may, on the Minister’s recommendation, remove the CEO from office if the Minister is satisfied the CEO—
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
has become incapable of performing the CEO’s functions; or
has neglected the CEO’s duties or performed the CEO’s functions incompetently.
(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) has become incapable of performing the CEO’s functions; or
(c) has neglected the CEO’s duties or performed the CEO’s functions incompetently.
(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.20 Vacancy in office
sec.20 Vacancy in office
The office of the CEO becomes vacant if the CEO—
completes a term of office and is not reappointed; or
resigns office by signed notice given to the Minister; or
becomes disqualified under section 15 from continuing as CEO; or
is removed under section 19 as CEO.
(a) completes a term of office and is not reappointed; or
(b) resigns office by signed notice given to the Minister; or
(c) becomes disqualified under section 15 from continuing as CEO; or
(d) is removed under section 19 as CEO.
sec.21 CEO not to engage in other paid employment
sec.21 CEO not to engage in other paid employment
The CEO must not, without the Minister’s prior written approval—
engage in paid employment outside the responsibilities of the office of the CEO; or
actively take part in the activities of a business, or in the management of a corporation carrying on a business, outside the responsibilities of the office of the CEO.
(a) engage in paid employment outside the responsibilities of the office of the CEO; or
(b) actively take part in the activities of a business, or in the management of a corporation carrying on a business, outside the responsibilities of the office of the CEO.
sec.22 Conflicts of interest
sec.22 Conflicts of interest
If the CEO has an interest that conflicts, or may conflict, with the discharge of the CEO’s responsibilities, the CEO—
must disclose the nature of the interest and conflict to the Minister as soon as practicable after the relevant facts come to the CEO’s knowledge; and
must not take action or further action concerning a matter that is, or may be, affected by the conflict unless authorise
This is an opening excerpt, not the complete document.