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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
PUBLIC SERVICE
AMENDMENT BILL 2000
Queensland
PUBLIC SERVICE AMENDMENT BILL
2000
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PART 2--AMENDMENT OF PUBLIC SERVICE ACT 1996
2 Act amended in pt 2 and sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amendment of s 23 (Principles of public service management) . . . . . . . . . 4
4 Amendment of s 24 (Principles of public service employment) . . . . . . . . . 4
5 Amendment of s 25 (Principles of work performance and personal
conduct) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
6 Replacement of pt 4, div 2, hdg and ss 3234 . . . . . . . . . . . . . . . . . . . . . . . 5
Division 2--Commissioner for Public Service Merit and Equity
32 The commissioner and office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
33 Functions of commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
34 Rulings by commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
34A Rulings by industrial relations Minister . . . . . . . . . . . . . . . . . . . . . . . 7
34B Rulings generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
7 Amendment of s 36 (Annual report) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
8 Amendment of s 104 (Decision on appeal) . . . . . . . . . . . . . . . . . . . . . . . . . . 9
9 Amendment of s 118 (Regulation-making power) . . . . . . . . . . . . . . . . . . . . 9
10 Replacement of pt 11, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Division 2--Transitional provisions for Public Service Amendment
Act 2000
145 Rulings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
146 Transition of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
147 Outstanding appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
2
Public Service Amendment
148 References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
11 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
PART 3--MINOR AMENDMENT OF OTHER ACTS
12 Acts amended in sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 13
MINOR AMENDMENTS OF PUBLIC SERVICE ACT 1996
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 14
MINOR AMENDMENTS OF OTHER ACTS
EQUAL OPPORTUNITY IN PUBLIC EMPLOYMENT ACT 1992 . . . . . . 14
FINANCIAL ADMINISTRATION AND AUDIT ACT 1977 . . . . . . . . . . . . 15
GOVERNMENT OWNED CORPORATIONS ACT 1993 . . . . . . . . . . . . . . 15
INDUSTRIAL RELATIONS ACT 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
PARLIAMENTARY COMMISSIONER ACT 1974 . . . . . . . . . . . . . . . . . . . 16
WHISTLEBLOWERS PROTECTION ACT 1994 . . . . . . . . . . . . . . . . . . . . 16
2000
A BILL
FOR
An Act to amend the Public Service Act 1996, and for other purposes
s1 4 s4
Public Service Amendment
The Parliament of Queensland enacts-- 1
ART 1--PRELIMINARY 2
P
title 3
Short
Clause 1. This Act may be cited as the Public Service Amendment Act 2000. 4
ART 2--AMENDMENT OF PUBLIC SERVICE ACT 5
P
1996 6
amended in pt 2 and sch 1 7
Act
Clause 2. This part and schedule 1 amend the Public Service Act 1996. 8
of s 23 (Principles of public service management) 9
Amendment
Clause 3. Section 23-- 10
insert-- 11
`(j) ensuring that equal employment opportunity and diversity 12
principles apply in the public service; and 13
(k) promoting meritorious selection processes.'. 14
of s 24 (Principles of public service employment) 15
Amendment
Clause 4. Section 24-- 16
insert-- 17
`(i) ensuring public service workplaces are free of unlawful 18
discrimination; and 19
s5 5 s6
Public Service Amendment
(j) without limiting paragraph (i), ensuring public service workplaces 1
are free of sexual harassment and workplace harassment.'. 2
of s 25 (Principles of work performance and personal 3
Amendment
conduct) 4
Clause 5. Section 25-- 5
insert-- 6
`(i) fulfilling the employee's ethics obligations under the Public 7
Sector Ethics Act 1994 and complying with any code of conduct 8
approved under that Act for the employee's public sector entity; 9
and 10
(j) showing respect for others, including through the avoidance of 11
unlawful discrimination, sexual harassment or workplace 12
harassment.'. 13
of pt 4, div 2, hdg and ss 3234 14
Replacement
Clause 6. Part 4, division 2, heading and sections 32 to 34-- 15
omit, insert-- 16
2--Commissioner for Public Service Merit and Equity 17
`Division
commissioner and office 18
`The
`32.(1) There is to be a Commissioner for Public Service Merit and 19
Equity. 20
`(2) An office called the Office of Public Service Merit and Equity is 21
established. 22
`(3) The office consists of the commissioner and the staff of the office. 23
`(4) The staff of the office are the public service employees employed in 24
the department who are designated as staff of the office by-- 25
(a) for an employee appointed by the Governor in Council--the 26
Governor in Council; or 27
s6 6 s6
Public Service Amendment
(b) for an employee appointed by the chief executive--the chief 1
executive. 2
of commissioner 3
`Functions
`33. The functions of the commissioner are to-- 4
(a) promote the principles of public service management and public 5
service employment stated in part 3 that are relevant to the 6
functions of the commissioner stated in paragraphs (c) to (n); and 7
(b) provide high level advice to Ministers and chief executives on 8
how the principles mentioned in paragraph (a) are to be achieved; 9
and 10
(c) consider and decide overall employment conditions and 11
workforce practices for persons selected to be employed, or 12
employed, as-- 13
(i) senior executives; or 14
(ii) senior officers; or 15
(iii) public service officers on contract whose remuneration is 16
equal to, or higher than, the remuneration payable to a senior 17
officer; and 18
(d) hear and decide appeals under this Act; and 19
(e) ensure the transfer and redeployment of public service employees 20
arising out of the requirements of sections 81 and 85; and 21
(f) provide support to departments in continuously improving public 22
service administration and management through the training, 23
mobility and ongoing development of senior executives and 24
senior officers; and 25
(g) provide leadership in promoting understanding and acceptance of 26
equality of employment opportunity and diversity principles; and 27
(h) provide leadership in promoting ethical conduct within the public 28
service; and 29
(i) develop principles to guide recruitment and selection policy and 30
practice for public service employees; and 31
s6 7 s6
Public Service Amendment
(j) provide ways to support the fair treatment of public service 1
employees and resolution of employment grievances; and 2
(k) give directions about the matters to be considered for the purposes 3
of section 81(1); and 4
(l) provide advice and direction on the suspension or disciplining of 5
individual public service employees; and 6
(m) provide administrative support for the Integrity Commissioner; 7
and 8
(n) perform other functions given to the commissioner under this or 9
another Act or by the Premier; and 10
(o) perform functions incidental to a function under another 11
paragraph of this section. 12
by commissioner 13
`Rulings
`34.(1) The commissioner may issue directives or guidelines about a 14
matter relating to a function of the commissioner under section 33. 15
`(2) However, the commissioner is authorised to issue a directive or 16
guideline about a matter relating to a function of the commissioner under 17
section 33(i), only to the extent the directive or guideline is about-- 18
(a) senior executives; or 19
(b) senior officers; or 20
(c) public service officers on contract whose remuneration is equal to, 21
or higher than, the remuneration payable to a senior officer. 22
by industrial relations Minister 23
`Rulings
`34A.(1) The industrial relations Minister may issue directives and 24
guidelines relating to public service employees, other than-- 25
(a) senior executives; or 26
(b) senior officers; or 27
(c) public service officers on contract whose remuneration is equal to, 28
or higher than, the remuneration payable to a senior officer. 29
s6 8 s6
Public Service Amendment
`(2) Directives and guidelines relating to public service employees issued 1
under subsection (1) must be about-- 2
(a) their remuneration and conditions of employment; or 3
(b) workforce management and development policies and practices 4
applying to them, including recruitment and selection policies and 5
practices. 6
`(3) If the industrial relations Minister proposes to issue a directive or 7
guideline, the Minister must consult with the commissioner about its details. 8
`(4) If, after the consultation, agreement has not been reached about the 9
proposed directive or guideline because of an issue relating to a principle of 10
public service management or public service employment it is the 11
commissioner's function to promote, the commissioner must-- 12
(a) advise the Premier; and 13
(b) give a copy of the advice to the industrial relations Minister. 14
`(5) The industrial relations Minister may issue a directive or guideline 15
the subject of advice under subsection (4) only with the agreement of the 16
Premier. 17
generally 18
`Rulings
`34B.(1) This section applies to directives and guidelines issued under 19
section 34 or 34A. 20
`(2) A directive-- 21
(a) is to be issued by gazette notice; and 22
(b) is binding on the public service employees, and other employees 23
of public sector units, to whom the directive applies. 24
`(3) A guideline is for the guidance of the public service employees, and 25
other employees of public sector units, to whom the guideline applies. 26
`(4) If a directive or guideline is inconsistent with this or another Act or 27
subordinate legislation under either Act, the Act or subordinate legislation 28
prevails over the directive or guideline to the extent of the inconsistency.'. 29
s7 9 s9
Public Service Amendment
of s 36 (Annual report) 1
Amendment
Clause 7.(1) Section 36(2)-- 2
renumber as section 36(3). 3
(2) Section 36-- 4
insert-- 5
`(2) The commissioner must include in the report advice about any 6
direction given to the commissioner, or any other circumstance, that the 7
commissioner considers impacted, or had a tendency to impact, on the 8
commissioner's ability to perform functions independently, impartially, 9
fairly, and in the public interest.'. 10
of s 104 (Decision on appeal) 11
Amendment
Clause 8.(1) Section 104(1)(b), as an example-- 12
insert-- 13
14
`Example of a direction under paragraph (b)--
15
The commissioner could, if permitted under a directive, direct that a new
16
selection committee be formed, without all or any of the original
17
members, to undertake a recommenced or continued process.'.
(2) Section 104(2)(b)-- 18
omit, insert-- 19
`(b) that the relative merits of the appellant and the successful applicant 20
were not correctly decided.'. 21
of s 118 (Regulation-making power) 22
Amendment
Clause 9. Section 118(3), `conditions of employment,'-- 23
omit, insert-- 24
`conditions of employment or about workforce management and 25
development policies and practices,'. 26
s 10 10 s 10
Public Service Amendment
of pt 11, div 2 1
Replacement
Clause 10. Part 11, division 2-- 2
omit, insert-- 3
`Division 2--Transitional provisions for Public Service Amendment Act 4
2000 5
6
`Rulings
`145.(1) Subsections (2) and (3) apply to a ruling if, immediately before 7
the commencement of this section, the ruling-- 8
(a) was in force under this Act; and 9
(b) was issued by the Public Service Commissioner; and 10
(c) deals with subject matter that, on and from the commencement of 11
this section, is subject matter about which the industrial relations 12
Minister, rather than the commissioner, may issue a ruling. 13
`(2) The ruling continues to have the same effect after the 14
commencement of this section as it had immediately before the 15
commencement and, for this purpose, is taken to be a ruling issued by the 16
industrial relations Minister. 17
`(3) However, if the ruling is a directive, it is taken to be a directive of the 18
Commissioner for Public Service Merit and Equity, but only for the 19
purposes of-- 20
(a) section 117;1 and 21
(b) the Industrial Relations Act 1999, section 687.2 22
`(4) Subject to subsections (1) to (3), rulings in force immediately before 23
the commencement of this section continue to have the same effect after the 24
commencement of this section as they had immediately before the 25
commencement. 26
1 Section 117 (Relationship between directives and awards etc.)
2 Industrial Relations Act 1999, section 687 (Conflict between industrial
instruments etc. and statutory decision)
s 11 11 s 11
Public Service Amendment
of appointment 1
`Transition
`146.(1) If, immediately before the commencement of this section, a 2
person held appointment as the Public Service Commissioner, the person is 3
taken to have been appointed under this Act as the Commissioner for Public 4
Service Merit and Equity-- 5
(a) for the remainder of the person's term of appointment; and 6
(b) on the same terms and conditions as the person held appointment 7
as the Public Service Commissioner. 8
`(2) This section has effect despite anything in section 32. 9
utstanding appeals 10
`O
`147. If an appeal under part 7 had been started, but not finished, before 11
the commencement of this section, the appeal may be finished as if 12
section 104 had not been amended by the Public Service Amendment 13
Act 2000. 14
15
`References
`148. In an Act, including this Act, or document-- 16
(a) a reference to the Public Service Commissioner may, if the 17
context permits, be taken to be a reference to the Commissioner 18
for Public Service Merit and Equity; and 19
(b) a reference to the Office of the Public Service or to the Office of 20
the Public Service Commissioner may, if the context permits, be 21
taken to be a reference to the Office of Public Service Merit and 22
Equity.'. 23
of sch 3 (Dictionary) 24
Amendment
Clause 11.(1) Schedule 3, definition "commissioner"-- 25
omit. 26
(2) Schedule 3-- 27
insert-- 28
s 12 12 s 12
Public Service Amendment
` "commissioner" means the Commissioner for Public Service Merit and 1
Equity. 2
"sexual harassment" means sexual harassment as described in the 3
Anti-Discrimination Act 1991, section 119. 4
"workplace harassment" is behaviour, other than behaviour that is sexual 5
harassment, that-- 6
(a) is directed at an individual or group of workers associated with a 7
workplace; and 8
(b) is offensive, belittling or threatening; and 9
(c) is unwelcome and unsolicited; and 10
(d) is of the type that-- 11
(i) is usually unreciprocated; and 12
(ii) can usually be expected to be repeated; and 13
(iii) makes the workplace, or association with the work of the 14
workplace, unpleasant, humiliating or intimidating for the 15
individual or group of workers; and 16
(iv) can make it difficult for effective work to be done. 17
"unlawful discrimination" means discrimination that is prohibited under 18
the Anti-Discrimination Act 1991.'. 19
ART 3--MINOR AMENDMENT OF OTHER ACTS 20
P
amended in sch 2 21
Acts
Clause 12. Schedule 2 amends the Acts it mentions. 22
23
13
Public Service Amendment
SCHEDULE 1 1
¡
INOR AMENDMENTS OF PUBLIC SERVICE ACT 2
M
1996 3
section 2 4
1. Section 3(c), `public service commissioner'-- 5
omit, insert-- 6
`Commissioner for Public Service Merit and Equity'. 7
2. Section 31, after `commissioner'-- 8
insert-- 9
`or industrial relations Minister'. 10
3. Section 95(4)(a)(ii)-- 11
omit, insert-- 12
`(ii) a public service employee appointed to perform a role in the 13
Office of Public Service Merit and Equity; or'. 14
4. Part 11, division 1, heading, after `provisions'-- 15
insert-- 16
`for Act No. 37 of 1996'. 17
5. Schedule 1, item 10-- 18
omit. 19
20
14
Public Service Amendment
SCHEDULE 2 1
¡
INOR AMENDMENTS OF OTHER ACTS 2
M
section 12 3
QUAL OPPORTUNITY IN PUBLIC EMPLOYMENT 4
´E
ACT 1992 5
1. Section 3-- 6
insert-- 7
` "commissioner" means the Commissioner for Public Service Merit and 8
Equity under the Public Service Act 1996.'. 9
2. Section 3, definition "reporting period", paragraph (b), `public 10
service commissioner'-- 11
omit, insert-- 12
`commissioner'. 13
3. Sections 9, 10, 11, 14(1) and (5), 15, 16(b), 17, 20(a), 22(a), 25(1) and 14
26, `public service commissioner'-- 15
omit, insert-- 16
`commissioner'. 17
4. Part 3, division 5, subdivision A, heading-- 18
omit, insert-- 19
`Subdivision A--Supervision by commissioner'. 20
15
Public Service Amendment
SCHEDULE 2 (continued)
INANCIAL ADMINISTRATION AND AUDIT ACT 1
´F
1977 2
1. Section 70(1), `Public Service Commissioner'-- 3
omit, insert-- 4
`Commissioner for Public Service Merit and Equity'. 5
GOVERNMENT OWNED CORPORATIONS ACT 1993 6
´
1. Section 171(7)(a)-- 7
omit, insert-- 8
`(a) the Office of Public Service Merit and Equity; and'. 9
NDUSTRIAL RELATIONS ACT 1999 10
´I
1. Sections 686(1)(a) and 687(1)(a)(i), `public service commissioner'-- 11
omit, insert-- 12
`Commissioner for Public Service Merit and Equity'. 13
2. Section 687(1)(a)(ii), `section 34(2)'-- 14
omit, insert-- 15
`section 34A(1)'. 16
16
Public Service Amendment
SCHEDULE 2 (continued)
PARLIAMENTARY COMMISSIONER ACT 1974 1
´
1. Section 10B(6), `public service commissioner'-- 2
omit, insert-- 3
`Commissioner for Public Service Merit and Equity'. 4
HISTLEBLOWERS PROTECTION ACT 1994 5
´W
1. Sections 11(3)(c) and 46(3), `public service commissioner'-- 6
omit, insert-- 7
`Commissioner for Public Service Merit and Equity'. 8
2. Section 46(4), (5) and (6), `public service commissioner'-- 9
omit, insert-- 10
`commissioner'. 11
12
© State of Queensland 2000
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