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Queensland
Ministerial and Other Office
Holder Staff Bill 2010
Queensland
Ministerial and Other Office Holder Staff
Bill 2010
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Main purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Employment of staff members
5 Functions of staff member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
6 Employment of ministerial staff member . . . . . . . . . . . . . . . . . . . 7
7 Employment of staff member of Leader of the Opposition . . . . . . 7
8 Employment of staff member of other non-government member . 7
9 No entitlement to staffing of office . . . . . . . . . . . . . . . . . . . . . . . . 8
10 Basis of employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
11 Nature of employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
12 Superannuation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
13 Preservation of public service employee's rights . . . . . . . . . . . . . 9
Part 3 Work performance and conduct of staff members
Division 1 Directions
14 Staff members subject to direction . . . . . . . . . . . . . . . . . . . . . . . . 10
15 Staff members not empowered to direct public service
employees .................................... 10
Division 2 Guiding principles and values
16 Work performance and personal conduct principles . . . . . . . . . . 11
17 Ethics values . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
18 Purpose and application of principles and values . . . . . . . . . . . . 12
Division 3 Codes of conduct
19 Codes of conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Ministerial and Other Office Holder Staff Bill 2010
Contents
20 Purpose of codes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
21 Consultation about, and review of, codes. . . . . . . . . . . . . . . . . . . 13
22 Compliance with codes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Division 4 Declaration of interests and dealing with conflicts
23 References to interest or conflict of interest . . . . . . . . . . . . . . . . . 14
24 Declaration of interests. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
25 Conflicts of interest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Part 4 Miscellaneous
Division 1 Rulings
26 Chief executive may make directives . . . . . . . . . . . . . . . . . . . . . . 15
27 Relationship with legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
28 Relationship between directives and industrial instruments . . . . . 16
29 Chief executive may make guidelines. . . . . . . . . . . . . . . . . . . . . . 16
30 Replaced public service rulings . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Division 2 Application of Acts
31 Application of Crime and Misconduct Act 2001 . . . . . . . . . . . . . . 17
32 Application of Ombudsman Act 2001 . . . . . . . . . . . . . . . . . . . . . . 17
Division 3 Other matters
33 Advisory committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
34 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
35 Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
36 Effect of Act on the State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
37 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Part 5 Transitional
38 Meaning of commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
39 Currently appointed staff members . . . . . . . . . . . . . . . . . . . . . . . 20
40 Declaration of interests of currently appointed staff members . . . 20
41 Codes of conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
42 Rulings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Part 6 Amendments
Division 1 Amendment of Criminal Code
43 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
44 Amendment of s 1 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 23
45 Amendment of s 89 (Public officers interested in contracts) . . . . 23
Division 2 Amendment of Industrial Relations Act 1999
46 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Page 2
Ministerial and Other Office Holder Staff Bill 2010
Contents
47 Amendment of s 686 (Application of Act to State) . . . . . . . . . . . . 24
48 Amendment of s 687 (Conflict between industrial instruments
etc. and statutory decision) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 3 Amendment of Integrity Act 2009
49 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
50 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 25
Division 4 Amendment of Parliamentary Service Act 1998
51 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
52 Insertion of new s 26AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
26AA Electorate office staff . . . . . . . . . . . . . . . . . . . . . . . . . 26
Division 5 Amendment of Public Service Act 2008
53 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
54 Amendment of s 26 (Work performance and personal conduct
principles) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Schedule Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Page 3
2010
A Bill
for
An Act to provide for the employment and conduct of staff of
Ministers and other particular members of Parliament
Ministerial and Other Office Holder Staff Bill 2010
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
1 Short title 3
This Act may be cited as the Ministerial and Other Office 4
Holder Staff Act 2010. 5
2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
3 Dictionary 8
The dictionary in the schedule defines particular words used 9
in this Act. 10
4 Main purposes 11
The main purposes of this Act are-- 12
(a) to provide for the employment of staff in the offices of 13
particular members of the Legislative Assembly; and 14
(b) to provide for the proper work performance and conduct 15
of the staff members. 16
Part 2 Employment of staff members 17
5 Functions of staff member 18
The functions of a staff member are the functions given to the 19
staff member, under the staff member's contract of 20
Page 6
Ministerial and Other Office Holder Staff Bill 2010
Part 2 Employment of staff members
[s 6]
employment and by directions mentioned in section 14, to 1
help the employing member to effectively discharge the 2
employing member's duties. 3
Examples of functions that may be given to a staff member-- 4
· providing advice 5
· providing administrative support 6
· developing policy proposals 7
· for a ministerial staff member, working with public sector units to 8
implement government policies 9
· preparing communication materials 10
· liaising with stakeholders 11
6 Employment of ministerial staff member 12
The chief executive may, on the Premier's recommendation, 13
employ a person as a staff member in the office of a stated 14
Minister. 15
7 Employment of staff member of Leader of the Opposition 16
The chief executive may, on the recommendation of the 17
Leader of the Opposition, employ a person as a staff member 18
in the office of the Leader of the Opposition. 19
8 Employment of staff member of other non-government 20
member 21
(1) This section applies to a non-government member, other than 22
the Leader of the Opposition, who is-- 23
(a) the leader of a political party; or 24
(b) an independent member. 25
(2) The chief executive may, on the member's recommendation, 26
employ a person as a staff member in the member's office. 27
Page 7
Ministerial and Other Office Holder Staff Bill 2010
Part 2 Employment of staff members
[s 9]
9 No entitlement to staffing of office 1
Sections 6 to 8 do not confer an entitlement on any member of 2
the Legislative Assembly to have a staff member, or any 3
particular number of staff members, employed in the office of 4
the member of the Legislative Assembly. 5
Notes-- 6
1 Decisions about the employment of staff members depend on 7
resources available to the chief executive for the purpose. 8
2 The level of need for the employment of a staff member for a 9
non-government member mentioned in section 8 may be affected, 10
among other matters, by whether the member has an increased 11
workload because of the particular composition of the Legislative 12
Assembly. 13
10 Basis of employment 14
(1) The employment of a person as a staff member is on the terms 15
and conditions stated in the person's contract of employment. 16
(2) The contract may include terms and conditions about any of 17
the following matters-- 18
(a) remuneration; 19
(b) the term of employment; 20
(c) ending the employment before the end of the stated 21
term; 22
(d) suspension from duty or other disciplinary action. 23
(3) Subsection (2) does not limit the matters that may be dealt 24
with in the stated terms and conditions. 25
(4) The employment may be full-time or part-time. 26
(5) The employment may be on a temporary or casual basis. 27
11 Nature of employment 28
A person employed as a staff member-- 29
(a) does not, only because of the employment, become a 30
public service employee; and 31
Page 8
Ministerial and Other Office Holder Staff Bill 2010
Part 2 Employment of staff members
[s 12]
(b) is an employee for the Industrial Relations Act 1999; 1
and 2
(c) is an employee of the State. 3
Note for paragraph (c)-- 4
A delegation may be made to a staff member under the Financial 5
Accountability Act 2009, section 76. 6
12 Superannuation 7
For the Superannuation (State Public Sector) Act 1990, a staff 8
member is taken to be an employee of the department. 9
13 Preservation of public service employee's rights 10
(1) This section applies if, immediately before being employed as 11
a staff member, a person was employed on tenure as a public 12
service employee. 13
(2) The person keeps all rights accrued or accruing to the person 14
as a public service employee as if service as a staff member 15
were a continuation of service as a public service employee. 16
(3) If the person's contract of employment as a staff member ends 17
other than by disciplinary action, or the contract expires and is 18
not renewed or replaced by another contract of employment as 19
a staff member-- 20
(a) the person becomes a public service employee 21
employed on tenure-- 22
(i) at the classification level at which the person 23
would have been employed if the person had 24
continued in employment as a public service 25
employee on tenure; and 26
(ii) on the remuneration to which the person would 27
have been entitled if the person had continued in 28
employment as a public service employee on 29
tenure; and 30
(iii) in the department in which the person was 31
employed immediately before being employed as a 32
Page 9
Ministerial and Other Office Holder Staff Bill 2010
Part 3 Work performance and conduct of staff members
[s 14]
staff member or, if the department has changed, the 1
department that is the nearest practical equivalent; 2
and 3
(b) the person's service as a staff member is taken to be 4
service as a public service employee for working out the 5
person's rights as a public service employee. 6
Part 3 Work performance and conduct 7
of staff members 8
Division 1 Directions 9
14 Staff members subject to direction 10
(1) A ministerial staff member is subject to the direction of his or 11
her employing member and the Premier. 12
(2) A staff member other than a ministerial staff member is 13
subject to the direction of his or her employing member. 14
(3) A staff member may also be subject to the direction of other 15
persons under the staff member's contract of employment (for 16
example, a more senior staff member). 17
15 Staff members not empowered to direct public service 18
employees 19
(1) A public service employee is not subject to the direction of a 20
staff member. 21
(2) Subsection (1) does not prevent a staff member giving a 22
direction to a public service employee on behalf of a person 23
who may lawfully give the direction. 24
Page 10
Ministerial and Other Office Holder Staff Bill 2010
Part 3 Work performance and conduct of staff members
[s 16]
Example of a person who may lawfully give a direction to a public service 1
employee-- 2
The Minister administering a department may give a direction to the 3
chief executive of the department under the Public Service Act 2008, 4
section 100. 5
Division 2 Guiding principles and values 6
16 Work performance and personal conduct principles 7
A staff member's work performance and personal conduct 8
must be directed towards-- 9
(a) acting honestly, fairly and in the public interest; and 10
(b) ensuring the effective, efficient and appropriate use of 11
public resources; and 12
(c) interacting with public service employees respectfully, 13
collaboratively and with integrity; and 14
(d) observing all laws relevant to the staff member's 15
employment; and 16
(e) ensuring the staff member's personal conduct does not 17
reflect adversely on the reputation of his or her 18
employing member; and 19
(f) complying with any code of conduct that applies to the 20
staff member under division 3. 21
17 Ethics values 22
(1) The ethics values stated in the Public Sector Ethics Act 1994, 23
part 3, division 2 apply to staff members as if a reference in 24
the division to a public official included a staff member. 25
(2) However, ethics values about providing advice, or acting in 26
relation to policies, apply to staff members subject to the way 27
they may reasonably be expected to honestly and properly 28
carry out their functions helping Ministers, the Leader of the 29
Opposition or other non-government members. 30
Page 11
Ministerial and Other Office Holder Staff Bill 2010
Part 3 Work performance and conduct of staff members
[s 18]
Examples-- 1
1 A staff member's function may include providing advice that is not 2
apolitical. 3
2 The functions of a staff member employed in the office of a 4
non-government member may not be directed towards developing 5
or giving effect to policies of the government. 6
(3) In this section-- 7
policies includes priorities and decisions. 8
18 Purpose and application of principles and values 9
(1) The principles and values applying to staff members under 10
sections 16 and 17 are intended to guide staff members in 11
their work performance and personal conduct and are not of 12
themselves legally enforceable. 13
(2) The chief executive may have regard to the principles and 14
values when making a decision under this Act relating to the 15
work performance or personal conduct of staff members. 16
Example of a decision for subsection (2)-- 17
a decision about including a particular condition in a staff member's 18
contract of employment 19
Division 3 Codes of conduct 20
19 Codes of conduct 21
(1) The chief executive may approve a code of conduct applying 22
to-- 23
(a) ministerial staff members; or 24
(b) staff members employed in the office of the Leader of 25
the Opposition; or 26
(c) staff members employed under section 8. 27
Page 12
Ministerial and Other Office Holder Staff Bill 2010
Part 3 Work performance and conduct of staff members
[s 20]
(2) In deciding whether to approve a code of conduct, the chief 1
executive must have regard to the principles and ethics values 2
applying to staff members under division 2. 3
(3) Subsection (1) applies subject to section 21(2). 4
20 Purpose of codes 5
The purpose of a code of conduct is to provide standards of 6
conduct for the staff members to whom it applies. 7
21 Consultation about, and review of, codes 8
(1) For this section, the relevant person for a code of conduct 9
is-- 10
(a) for a code applying to ministerial staff members--the 11
Premier; or 12
(b) for a code applying to staff members employed in the 13
office of the Leader of the Opposition--the Leader of 14
the Opposition; or 15
(c) for a code applying to staff members employed under 16
section 8--each person who is an employing member 17
for a staff member employed under section 8. 18
(2) The chief executive must consult with the relevant person, or 19
each relevant person, for a code of conduct before approving 20
the code under section 19. 21
(3) The chief executive must review a code of conduct if 22
requested by a person who is, at the time of the request, a 23
relevant person for the code. 24
22 Compliance with codes 25
(1) A staff member must comply with an approved code of 26
conduct that applies to the staff member. 27
(2) Contravention of an approved code of conduct by a staff 28
member may give rise to disciplinary action under the staff 29
member's contract of employment. 30
Page 13
Ministerial and Other Office Holder Staff Bill 2010
Part 3 Work performance and conduct of staff members
[s 23]
Division 4 Declaration of interests and dealing 1
with conflicts 2
23 References to interest or conflict of interest 3
A reference in this division to an interest or to a conflict of 4
interest is a reference to those matters within their ordinary 5
meaning under the general law, and, in relation to an interest, 6
the definition in the Acts Interpretation Act 1954, section 36, 7
does not apply. 8
24 Declaration of interests 9
(1) A staff member must give his or her employing member a 10
statement about the staff member's interests-- 11
(a) within 1 month after starting employment; and 12
(b) whenever there is a change to the staff member's 13
interests that is of a type prescribed under a directive of 14
the chief executive; and 15
(c) during June in each year. 16
(2) The statement must include the information required under a 17
directive of the chief executive. 18
(3) The statement required under subsection (1)(b) must be given 19
as soon as practicable after the relevant facts about the change 20
come to the staff member's knowledge. 21
25 Conflicts of interest 22
(1) If a staff member has an interest that conflicts or may conflict 23
with the discharge of the staff member's responsibilities, the 24
staff member-- 25
(a) must disclose the nature of the interest and conflict to 26
his or her employing member as soon as practicable 27
after the relevant facts come to the staff member's 28
knowledge; and 29
Page 14
Ministerial and Other Office Holder Staff Bill 2010
Part 4 Miscellaneous
[s 26]
(b) must not take action or further action concerning a 1
matter that is, or may be, affected by the conflict unless 2
authorised by his or her employing member. 3
(2) The employing member for a staff member may direct the 4
staff member to resolve a conflict or possible conflict between 5
an interest of the staff member and the staff member's 6
responsibilities. 7
Part 4 Miscellaneous 8
Division 1 Rulings 9
26 Chief executive may make directives 10
(1) The chief executive may, by gazette notice, make a directive 11
about a matter relating to the employment of staff members, 12
including, for example, a directive about standards of conduct 13
applying to staff members. 14
(2) A directive may provide for a matter by applying, adopting or 15
incorporating the provisions of a public service directive, as in 16
force at a particular time or from time to time, with any 17
necessary changes to apply the public service directive in 18
relation to staff members, and with or without any other 19
modification. 20
(3) A directive binds the persons to whom it applies. 21
(4) In this section-- 22
public service directive means a directive made under the 23
Public Service Act 2008. 24
Page 15
Ministerial and Other Office Holder Staff Bill 2010
Part 4 Miscellaneous
[s 27]
27 Relationship with legislation 1
If a directive is inconsistent with an Act or subordinate 2
legislation, the Act or subordinate legislation prevails to the 3
extent of the inconsistency. 4
28 Relationship between directives and industrial 5
instruments 6
(1) This section applies if a directive deals with a matter all or 7
part of which is dealt with under an industrial instrument of 8
the IRC. 9
(2) The directive prevails over the industrial instrument, unless a 10
regulation provides otherwise. 11
Note-- 12
See however, the Industrial Relations Act 1999, section 687 (Conflict 13
between industrial instruments etc. and statutory decision). 14
(3) In this section-- 15
directive includes a decision made in the exercise of a 16
discretion under a directive. 17
IRC means the Industrial Relations Commission under the 18
Industrial Relations Act 1999. 19
29 Chief executive may make guidelines 20
(1) The chief executive may make a guideline about a matter 21
relating to the employment of staff members. 22
(2) A guideline may be made in the way the chief executive 23
considers appropriate. 24
(3) A guideline may provide for a matter by applying, adopting or 25
incorporating the provisions of a public service guideline, as 26
in force at a particular time or from time to time, with any 27
necessary changes to apply the public service guideline in 28
relation to staff members, and with or without any other 29
modification. 30
Page 16
Ministerial and Other Office Holder Staff Bill 2010
Part 4 Miscellaneous
[s 30]
(4) A guideline is for the guidance only of the persons to whom it 1
applies. 2
(5) In this section-- 3
public service guideline means a guideline made under the 4
Public Service Act 2008. 5
30 Replaced public service rulings 6
(1) This section applies if, under section 26(2) or 29(3), a 7
directive or guideline provides for a matter by applying, 8
adopting or incorporating the provisions of a public service 9
ruling (the first public service ruling). 10
(2) The directive or guideline may provide that, if the first public 11
service ruling is repealed and a new public service ruling 12
dealing with substantially the same subject matter is made to 13
replace it, the directive or guideline continues to operate as if 14
a reference in it to the first public service ruling were a 15
reference to the new public service ruling. 16
(3) In this section-- 17
public service ruling means a public service directive or 18
public service guideline made under the Public Service Act 19
2008. 20
Division 2 Application of Acts 21
31 Application of Crime and Misconduct Act 2001 22
For the Crime and Misconduct Act 2001, a staff member is 23
taken to hold an appointment in the department. 24
32 Application of Ombudsman Act 2001 25
For the Ombudsman Act 2001, a staff member is taken to be 26
an officer of the department. 27
Page 17
Ministerial and Other Office Holder Staff Bill 2010
Part 4 Miscellaneous
[s 33]
Division 3 Other matters 1
33 Advisory committees 2
(1) The chief executive may establish advisory committees to 3
advise the Premier on issues relevant to this Act. 4
(2) The chief executive may appoint a person as a member of an 5
advisory committee if the chief executive is satisfied the 6
person has skills or experience appropriate to the committee's 7
terms of reference or functions. 8
(3) A member of an advisory committee is entitled to the 9
remuneration and allowances, if any, stated in the member's 10
terms of appointment. 11
(4) The chief executive may decide matters about an advisory 12
committee that are not provided for under this section 13
including, for example, the way a committee must conduct 14
meetings or report to the Premier. 15
34 Annual report 16
(1) At the end of each financial year, the chief executive must 17
prepare and give to the Premier a report about the operation of 18
this Act during the financial year. 19
(2) The report must include details of the staff members 20
employed under this Act for all or part of the financial year. 21
(3) The chief executive must give the report to the Premier by an 22
agreed date that allows the Premier to table the report under 23
this section. 24
(4) The report may be included in the department's annual report 25
for the financial year. 26
Note-- 27
The Financial Accountability Act 2009, section 63 states the 28
requirement for tabling the department's annual report. 29
(5) If the report is not included in the department's annual report 30
for the financial year, the Premier must table the report in the 31
Page 18
Ministerial and Other Office Holder Staff Bill 2010
Part 4 Miscellaneous
[s 35]
Legislative Assembly within 3 months after the end of the 1
financial year. 2
35 Delegations 3
(1) The Premier may delegate the Premier's functions under 4
section 6 to an appropriately qualified ministerial staff 5
member. 6
(2) The chief executive may delegate the chief executive's 7
functions under this Act to an appropriately qualified public 8
service employee. 9
(3) In this section-- 10
appropriately qualified includes having the qualifications, 11
experience or standing appropriate for the function. 12
Example of standing for a public service employee-- 13
the employee's classification or level in a department 14
functions includes powers. 15
36 Effect of Act on the State 16
(1) Subject to subsection (3), this Act binds the State. 17
(2) The chief executive employs persons under this Act as the 18
authorised agent of the State. 19
(3) The right or power of the State recognised at common law to 20
dispense with the services of a person employed by the State 21
is not abrogated or restricted by any provision of this Act. 22
37 Regulation-making power 23
The Governor in Council may make regulations under this 24
Act. 25
Page 19
Ministerial and Other Office Holder Staff Bill 2010
Part 5 Transitional
[s 38]
Part 5 Transitional 1
38 Meaning of commencement 2
In this part-- 3
commencement means the commencement of the provision in 4
which the term appears. 5
39 Currently appointed staff members 6
(1) This section applies to a person who, immediately before the 7
commencement, was employed by the chief executive under a 8
contract of employment under the Public Service Act 2008, 9
section 147 or 148 in the office of a Minister or the office of 10
the Leader of the Opposition. 11
(2) The person is not, only because of that employment, a public 12
service employee. 13
(3) While the person continues to be employed under the contract 14
of employment-- 15
(a) the person is a staff member; and 16
(b) this Act applies to the person as if the contract of 17
employment had been entered into under this Act. 18
40 Declaration of interests of currently appointed staff 19
members 20
(1) A staff member mentioned in section 39 must give his or her 21
employing member a statement complying with section 24 22
within 1 month after the commencement. 23
(2) However, subsection (1) does not apply if-- 24
(a) the staff member gave a complying statement to his or 25
her employing member on or after 1 June last occurring 26
before the commencement; and 27
Page 20
Ministerial and Other Office Holder Staff Bill 2010
Part 5 Transitional
[s 41]
(b) there has been no material change to the staff member's 1
interests since the last complying statement given to the 2
employing member. 3
(3) In this section-- 4
complying statement means a statement, given before the 5
commencement, that included all information of the type 6
required to be included in a statement under section 24 given 7
immediately after the commencement. 8
material change means a change of the type mentioned in 9
section 24(1)(b) as in force immediately after the 10
commencement. 11
41 Codes of conduct 12
(1) A current code of conduct has effect, from the commencement 13
until it is revoked under this Act, as if it were approved under 14
part 3, division 3. 15
(2) In this section-- 16
current code of conduct means a code of conduct that-- 17
(a) is expressed to apply to-- 18
(i) persons employed in ministerial offices; or 19
(ii) persons employed in the office of the Leader of the 20
Opposition; and 21
(b) was approved by the Premier before the 22
commencement; and 23
(c) was in force immediately before the commencement 24
under administrative arrangements. 25
42 Rulings 26
(1) This section applies to a ruling (a current ruling) that-- 27
(a) was made under the Public Service Act 2008 before the 28
commencement; and 29
Page 21
Ministerial and Other Office Holder Staff Bill 2010
Part 5 Transitional
[s 42]
(b) immediately before the commencement, applied to a 1
person employed by the chief executive under a contract 2
of employment under the Public Service Act 2008, 3
section 147 or 148 in the office of a Minister or the 4
office of the Leader of the Opposition. 5
(2) Subject to subsection (3), the current ruling applies in relation 6
to staff members, during the transitional period, as if a 7
reference in it to a public service employee included a staff 8
member and with any other necessary changes. 9
(3) The current ruling stops applying in relation to staff members 10
under subsection (2) if-- 11
(a) the current ruling is revoked under the Public Service 12
Act 2008; or 13
(b) the chief executive makes a directive under section 26 or 14
guideline under section 29, whichever is relevant, 15
ending the application of the current ruling in relation to 16
staff members. 17
(4) This section does not affect the chief executive's power to 18
make a directive under section 26 or guideline under section 19
29 applying a current ruling in relation to staff members 20
during or after the transitional period. 21
(5) A reference in this Act to a directive of the chief executive 22
includes a directive under the Public Service Act 2008 23
applying in relation to a staff member under this section. 24
(6) In this section-- 25
transitional period means the period of 3 months starting on 26
the commencement. 27
Page 22
Ministerial and Other Office Holder Staff Bill 2010
Part 6 Amendments
[s 43]
Part 6 Amendments 1
Division 1 Amendment of Criminal Code 2
43 Act amended 3
This division amends the Criminal Code. 4
44 Amendment of s 1 (Definitions) 5
Section 1, definition person employed in the public service, 6
after `police officers,'-- 7
insert-- 8
`staff members under the Ministerial and Other Office Holder 9
Staff Act 2010'. 10
45 Amendment of s 89 (Public officers interested in 11
contracts) 12
Section 89-- 13
insert-- 14
`(2) A reference in subsection (1) to a person employed in the 15
public service includes a ministerial staff member under the 16
Ministerial and Other Office Holder Staff Act 2010 and, for 17
that purpose-- 18
(a) a ministerial staff member employed in the office of a 19
Minister is taken to be employed in each department 20
administered by the Minister; and 21
(b) a ministerial staff member employed in the office of a 22
Parliamentary secretary is taken to be employed in each 23
department for which the Parliamentary Secretary is 24
given responsibility under his or her functions. 25
Page 23
Ministerial and Other Office Holder Staff Bill 2010
Part 6 Amendments
[s 46]
Note-- 1
Under the Constitution of Queensland 2001, section 25, a 2
Parliamentary Secretary has the functions decided by the 3
Premier.'. 4
Division 2 Amendment of Industrial Relations 5
Act 1999 6
46 Act amended 7
This division amends the Industrial Relations Act 1999. 8
47 Amendment of s 686 (Application of Act to State) 9
(1) Section 686(4)-- 10
renumber as section 686(5). 11
(2) Section 686-- 12
insert-- 13
`(4) Subsections (2) and (3) also apply as if-- 14
(a) a reference in those provisions to a public service 15
employee included a staff member under the Ministerial 16
and Other Office Holder Act 2010; and 17
(b) a reference in those provisions to a ruling included a 18
directive under the Ministerial and Other Office Holder 19
Act 2010.'. 20
48 Amendment of s 687 (Conflict between industrial 21
instruments etc. and statutory decision) 22
Section 687(1)(a)-- 23
omit, insert-- 24
`(a) any of the following directives-- 25
(i) a directive under the Public Service Act 2008 made 26
by the chief executive of the Public Service 27
Page 24
Ministerial and Other Office Holder Staff Bill 2010
Part 6 Amendments
[s 49]
Commission that is the subject of a regulation 1
under section 52(2) of that Act; 2
(ii) a directive under the Public Service Act 2008 made 3
by the Minister administering this Act; 4
(iii) a directive under the Ministerial and Other Office 5
Holder Act 2010 that is the subject of a regulation 6
under section 28(2) of that Act; and'. 7
Division 3 Amendment of Integrity Act 2009 8
49 Act amended 9
This division amends the Integrity Act 2009. 10
50 Amendment of sch 2 (Dictionary) 11
(1) Schedule 2, definitions ministerial staff member and 12
parliamentary secretary staff member-- 13
omit. 14
(2) Schedule 2-- 15
insert-- 16
`ministerial staff member means a person employed under 17
the Ministerial and Other Office Holder Staff Act 2010 as a 18
staff member in the office of a Minister other than a 19
Parliamentary Secretary. 20
parliamentary secretary staff member means a person 21
employed under the Ministerial and Other Office Holder Staff 22
Act 2010 as a staff member in the office of a Parliamentary 23
Secretary.'. 24
Page 25
Ministerial and Other Office Holder Staff Bill 2010
Part 6 Amendments
[s 51]
Division 4 Amendment of Parliamentary 1
Service Act 1998 2
51 Act amended 3
This division amends the Parliamentary Service Act 1998. 4
52 Insertion of new s 26AA 5
After section 26-- 6
insert-- 7
`26AA Electorate office staff 8
`(1) On the recommendation of a member, the Speaker may 9
appoint a person under section 26(1) as an officer in the 10
member's electorate office to help the member to effectively 11
discharge the member's duties. 12
`(2) In this section-- 13
member means a member of the Legislative Assembly. 14
officer means an officer or officer on probation of the 15
parliamentary service.'. 16
Division 5 Amendment of Public Service Act 17
2008 18
53 Act amended 19
This division amends the Public Service Act 2008. 20
54 Amendment of s 26 (Work performance and personal 21
conduct principles) 22
(1) Section 26-- 23
insert-- 24
`(ga) acting honestly, fairly and in the public interest; and 25
Page 26
Ministerial and Other Office Holder Staff Bill 2010
Part 6 Amendments
[s 54]
(gb) interacting with staff members under the Ministerial and 1
Other Office Holder Staff Act 2010 respectfully, 2
collaboratively and with integrity; and'. 3
(2) Section 26(ga) to (k)-- 4
renumber as section 26(h) to (m). 5
Page 27
Ministerial and Other Office Holder Staff Bill 2010
Schedule
Schedule Dictionary 1
section 3 2
commencement, for part 5, see section 38. 3
directive, of the chief executive, includes a public service 4
directive to the extent it applies in relation to a staff member 5
under section 26(2). 6
employing member, for a staff member, means the Minister or 7
other member of the Legislative Assembly in whose office the 8
staff member is employed. 9
independent member means a non-government member who 10
is not a member of the political party to which the Leader of 11
the Opposition belongs. 12
Leader of the Opposition means the member of the 13
Legislative Assembly recognised in the Legislative Assembly 14
as the Leader of the Opposition. 15
Minister includes a Parliamentary Secretary. 16
ministerial staff member means a person employed under this 17
Act as a staff member in the office of a Minister. 18
non-government member means a member of the Legislative 19
Assembly who is not a member of a political party recognised 20
in the Legislative Assembly as being in government. 21
Parliamentary Secretary means a member of the Legislative 22
Assembly appointed as a Parliamentary Secretary under the 23
Constitution of Queensland 2001, section 24. 24
remuneration includes salary. 25
staff member means a person employed under this Act as a 26
staff member in the office of a Minister, the Leader of the 27
Opposition or another non-government member. 28
© State of Queensland 2010
Page 28
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