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This is a Bill, not an Act. For current law, see the Acts databases.


PUBLIC SERVICE BILL 1996

         Queensland




PUBLIC SERVICE BILL 1996

 


 

Queensland PUBLIC SERVICE BILL 1996 TABLE OF PROVISIONS Section Page PART 1--PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 3 Main objects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 4 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 PART 2--QUEENSLAND PUBLIC SERVICE Division 1--Basic concepts 5 The public service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 6 Employment of public service employees . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 7 What are "departments" and "public service offices" . . . . . . . . . . . . . . . . . 15 8 Who is a "public service officer" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 9 Who is a "public service employee" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 10 Application of Act to various types of employees etc. . . . . . . . . . . . . . . . . . 16 11 Act does not apply to certain offices and employment . . . . . . . . . . . . . . . . 17 Division 2--Departments of government 12 Declaration of departments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 13 Establishment of departments etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 14 Declaration of functions of departments etc. . . . . . . . . . . . . . . . . . . . . . . . . . 18 15 Giving functions to departments etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 16 Additional powers of Governor in Council . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Division 3--Public service offices 17 Public service offices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 18 Heads of public service offices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 19 Application of Acts to public service offices . . . . . . . . . . . . . . . . . . . . . . . . 20

 


 

2 Public Service Division 4--Public sector units 20 What is a "public sector unit" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 21 What is a "government entity" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 22 Application of Act to certain public sector units etc. . . . . . . . . . . . . . . . . . . 21 PART 3--PRINCIPLES OF PUBLIC SERVICE MANAGEMENT AND EMPLOYMENT 23 Principles of public service management . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 24 Principles of public service employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 25 Principles of work performance and personal conduct . . . . . . . . . . . . . . . . . 23 26 Additional principle of senior executive service employment . . . . . . . . . . . 24 PART 4--ADMINISTRATION OF THE PUBLIC SERVICE Division 1--Premier's supervision 27 Premier's role in relation to public service . . . . . . . . . . . . . . . . . . . . . . . . . . 24 28 Obtaining reports about principles of management and employment . . . . . 25 29 Management reviews . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 30 Regulation of numbers of public service employees . . . . . . . . . . . . . . . . . . 27 31 Premier may direct action about surplus public service employees . . . . . . 27 Division 2--Public service commissioner 32 The commissioner and office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 33 Functions of commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 34 Rulings of industrial relations Minister and commissioner . . . . . . . . . . . . . 29 35 Commissioner's duty to act independently etc. . . . . . . . . . . . . . . . . . . . . . . . 30 36 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 37 Other reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 38 Commissioner appointed by Governor in Council . . . . . . . . . . . . . . . . . . . . . 30 39 Basis of employment of commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 40 Delegation by commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 41 Acting as commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 PART 5--STAFFING OF PUBLIC SERVICE Division 1--The senior executive service generally 42 Senior executive service continued . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 43 Purpose of senior executive service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 44 Composition of senior executive service . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

 


 

3 Public Service 45 Number and classification levels of senior executives . . . . . . . . . . . . . . . . . 32 Division 2--Chief executives 46 Departments to have chief executives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 47 Appointment of chief executives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 48 Secondment as chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 49 Titles of chief executives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 50 Statutory officer as chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 51 Responsibilities of chief executives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 52 How chief executives must discharge responsibilities . . . . . . . . . . . . . . . . . 35 53 Basis of employment for chief executives . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 54 Extent of chief executive's autonomy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 55 Declaration of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 56 Conflicts of interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 57 Delegation of chief executive powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 58 Acting as chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Division 3--Other senior executives 59 Division does not apply to chief executives . . . . . . . . . . . . . . . . . . . . . . . . . 38 60 Appointment of senior executives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 61 Secondment of senior executives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 62 Basis of employment for senior executives . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Division 4--Senior officers 63 Who is a "senior officer" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 64 Application of provisions of Act to senior officers . . . . . . . . . . . . . . . . . . . . 39 Division 5--Provisions applying to officers who are not senior executives 65 Division does not apply to senior executives . . . . . . . . . . . . . . . . . . . . . . . . 40 66 Number and classification levels of employees . . . . . . . . . . . . . . . . . . . . . . 40 67 Appointment of officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 68 Secondment of officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 69 Basis of employment--tenure or contract . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 70 Basis of employment for contract employment . . . . . . . . . . . . . . . . . . . . . . . 41 71 Tenure on termination etc. of certain contracts . . . . . . . . . . . . . . . . . . . . . . . 42 72 Contract terminated on acceptance of tenure . . . . . . . . . . . . . . . . . . . . . . . . 42

 


 

4 Public Service 73 Appointments on probation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 74 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Division 6--Provisions applying generally to officers 75 Requirement about citizenship etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 76 Basis of employment--full-time or part-time . . . . . . . . . . . . . . . . . . . . . . . . 44 77 Notification of proposed appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 78 Selection for appointment to be on merit . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 79 Transfer of officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 80 Consequence if transfer refused . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 81 Action because of surplus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 82 Work performance and interchange arrangements . . . . . . . . . . . . . . . . . . . . 47 83 Declaration of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 84 Conflicts of interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 85 Mental or physical incapacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 86 Voluntary retirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 PART 6--DISCIPLINARY ACTION 87 Grounds for discipline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 88 Disciplinary action that may be taken . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 89 Suspension of officer from duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 90 Procedure for disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 91 Additional procedures for suspension or termination . . . . . . . . . . . . . . . . . . 52 92 Effect of suspension from duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 PART 7--APPEALS 93 Appeals to commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 94 Decisions against which appeals may be made . . . . . . . . . . . . . . . . . . . . . . 53 95 Decisions against which appeals may not be made . . . . . . . . . . . . . . . . . . . 54 96 Who may appeal against decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 97 Stay of operation of decisions etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 98 Commissioner may decline to hear certain appeals . . . . . . . . . . . . . . . . . . . 56 99 Appeal is by way of review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 100 Commissioner's duties on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 101 Commissioner may decide procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57

 


 

5 Public Service 102 Representation of parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 103 Commissioner's powers on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 104 Decision on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 105 Commissioner may reopen decided appeals . . . . . . . . . . . . . . . . . . . . . . . . . 59 106 Jurisdiction of Industrial Relations Commission . . . . . . . . . . . . . . . . . . . . . . 59 107 Protective appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 PART 8--REMOVAL OF STATUTORY OFFICE HOLDERS WHO ARE TERM APPOINTEES 108 What is a "statutory office" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 109 Who is a "term appointee" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 110 Removal of term appointees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 111 Re-employment and other entitlements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 PART 9--GENERAL AND TEMPORARY EMPLOYEES 112 Employment of general employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 113 Employment of temporary employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 114 Application of Act to general and temporary employees . . . . . . . . . . . . . . . 63 PART 10--MISCELLANEOUS 115 Effect of Act on Crown . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 116 Exclusion of certain matters from review under other Acts . . . . . . . . . . . . . 64 117 Application of Industrial Relations Act to public service employees . . . . . 65 118 Inconsistency between directives and industrial agreements . . . . . . . . . . . . 65 119 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 PART 11--TRANSITIONAL PROVISIONS, REPEALS AND AMENDMENTS Division 1--Transitional provisions 120 Existing departments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 121 Existing units of the public sector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 122 Existing chief executives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 123 Validation of certain chief executive appointments . . . . . . . . . . . . . . . . . . . 68 124 Existing commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 125 Phasing out of SES level 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 126 Existing senior executives other than chief executives . . . . . . . . . . . . . . . . 69 127 Existing officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69

 


 

6 Public Service 128 Appointments on probation on initial appointment . . . . . . . . . . . . . . . . . . . . 69 129 Appointments on probation on promotion . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 130 Existing contracts of employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 131 Existing general employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 132 Existing temporary employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 133 Existing standards and determinations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 134 Disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 135 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 136 Application of pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 137 Existing regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 138 References to Public Sector Management Commission Act 1990 . . . . . . . 74 139 References to Public Service Management and Employment Act 1988 . . 75 140 References taken as reference to commissioner . . . . . . . . . . . . . . . . . . . . . . 75 141 References to public sector management commission . . . . . . . . . . . . . . . . . 75 142 References to standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 143 References to unit of the public sector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 144 References to departments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 145 References to permanent head of department . . . . . . . . . . . . . . . . . . . . . . . . 76 Division 2--Repeals and amendments 146 Acts repealed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 147 Amendment of Constitution Act 1867 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 148 Other Acts amended--schedule 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 77 PUBLIC SERVICE OFFICES AND THEIR HEADS SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 78 AMENDMENTS ABORIGINAL LAND ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 ACTS INTERPRETATION ACT 1954 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 AGENT-GENERAL FOR QUEENSLAND ACT 1975 . . . . . . . . . . . . . . . . . 80 AMBULANCE SERVICE ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 ANTI-DISCRIMINATION ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 APPEAL COSTS FUND ACT 1973 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83

 


 

7 Public Service AUSTRALIAN FINANCIAL INSTITUTIONS COMMISSION CODE . . . . 83 BANANA INDUSTRY PROTECTION ACT 1989 . . . . . . . . . . . . . . . . . . . . 84 BUILDING AND CONSTRUCTION INDUSTRY (PORTABLE LONG SERVICE LEAVE) ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 BUILDING UNITS AND GROUP TITLES ACT 1980 . . . . . . . . . . . . . . . . . 85 BUSINESS NAMES ACT 1962 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 CHARITABLE FUNDS ACT 1958 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 CHEMICAL USAGE (AGRICULTURAL AND VETERINARY) CONTROL ACT 1988 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 CHIROPRACTORS AND OSTEOPATHS ACT 1979 . . . . . . . . . . . . . . . . . 87 CITY OF BRISBANE MARKET ACT 1960 . . . . . . . . . . . . . . . . . . . . . . . . 87 CLASSIFICATION OF COMPUTER GAMES AND IMAGES (INTERIM) ACT 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 CLASSIFICATION OF FILMS ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . 88 COAL INDUSTRY CONTROL ACT 1948 . . . . . . . . . . . . . . . . . . . . . . . . . . 88 COAL MINING ACT 1925 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 COLLECTIONS ACT 1966 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 COMMUNITY SERVICES (ABORIGINES) ACT 1984 . . . . . . . . . . . . . . . 89 COMMUNITY SERVICES (TORRES STRAIT) ACT 1984 . . . . . . . . . . . . 90 COOPERATIVE AND OTHER SOCIETIES ACT 1967 . . . . . . . . . . . . . . . 90 CORONERS ACT 1958 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 CORRECTIVE SERVICES (ADMINISTRATION) ACT 1988 . . . . . . . . . . 91 CRIMINAL JUSTICE ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 CROWN EMPLOYEES ACT 1958 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 DENTAL ACT 1971 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 DENTAL TECHNICIANS AND DENTAL PROSTHETISTS ACT 1991 . . 93 DIRECTOR OF PUBLIC PROSECUTIONS ACT 1984 . . . . . . . . . . . . . . . 93 DISABILITY SERVICES ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 DISPUTE RESOLUTION CENTRES ACT 1990 . . . . . . . . . . . . . . . . . . . . . 95 EDUCATION (SENIOR SECONDARY SCHOOL STUDIES) ACT 1988 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 EDUCATION (TEACHER REGISTRATION) ACT 1988 . . . . . . . . . . . . . . 96 EGG INDUSTRY (RESTRUCTURING) ACT 1993 . . . . . . . . . . . . . . . . . . 96 ELECTORAL ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97

 


 

8 Public Service EQUAL OPPORTUNITY IN PUBLIC EMPLOYMENT ACT 1992 . . . . . . 98 FAIR TRADING ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 FARM PRODUCE MARKETING ACT 1964 . . . . . . . . . . . . . . . . . . . . . . . 101 FINANCIAL ADMINISTRATION AND AUDIT ACT 1977 . . . . . . . . . . . 101 FIRE SERVICE ACT 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 FORESTRY ACT 1959 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 FREEDOM OF INFORMATION ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . 105 FUNERAL BENEFIT BUSINESS ACT 1982 . . . . . . . . . . . . . . . . . . . . . . . 105 GAMING MACHINE ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 GOVERNMENT OWNED CORPORATIONS ACT 1993 . . . . . . . . . . . . . 106 GRAIN INDUSTRY (RESTRUCTURING) ACT 1991 . . . . . . . . . . . . . . . 107 GRAIN RESEARCH FOUNDATION ACT 1976 . . . . . . . . . . . . . . . . . . . . 107 HEALTH RIGHTS COMMISSION ACT 1991 . . . . . . . . . . . . . . . . . . . . . . 108 HEALTH SERVICES ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 HIRE-PURCHASE ACT 1959 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 INDUSTRIAL DEVELOPMENT ACT 1963 . . . . . . . . . . . . . . . . . . . . . . . . 110 INDUSTRIAL RELATIONS ACT 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 INTELLECTUALLY DISABLED CITIZENS ACT 1985 . . . . . . . . . . . . . . 111 JUDICIAL REVIEW ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 JUSTICES ACT 1886 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 JUSTICES OF THE PEACE AND COMMISSIONERS FOR DECLARATIONS ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 LAND TAX ACT 1915 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 LAND TITLE ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 LAW COURTS AND STATE BUILDINGS PROTECTIVE SECURITY ACT 1983 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 LAW REFORM COMMISSION ACT 1968 . . . . . . . . . . . . . . . . . . . . . . . . 115 LEGAL AID ACT 1978 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 LEGAL PRACTITIONERS ACT 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 LEGISLATIVE STANDARDS ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . 117 LIBRARIES AND ARCHIVES ACT 1988 . . . . . . . . . . . . . . . . . . . . . . . . . 118 LIQUOR ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 LOAN FUND COMPANIES ACT 1982 . . . . . . . . . . . . . . . . . . . . . . . . . . . 120

 


 

9 Public Service LOCAL GOVERNMENT ACT 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 LOTTERIES ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 MAINTENANCE ACT 1965 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 MEDICAL ACT AND OTHER ACTS (ADMINISTRATION) ACT 1966 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 MENTAL HEALTH ACT 1974 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 MINERAL RESOURCES ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 MINES REGULATION ACT 1964 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 MOTOR ACCIDENT INSURANCE ACT 1994 . . . . . . . . . . . . . . . . . . . . . 123 MOTOR VEHICLES SAFETY ACT 1980 . . . . . . . . . . . . . . . . . . . . . . . . . 123 MOTOR VEHICLES SECURITIES ACT 1986 . . . . . . . . . . . . . . . . . . . . . 124 NOISE ABATEMENT ACT 1978 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 NURSING ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 OCCUPATIONAL THERAPISTS ACT 1979 . . . . . . . . . . . . . . . . . . . . . . . 125 OPTOMETRISTS ACT 1974 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 PARLIAMENTARY COMMISSIONER ACT 1974 . . . . . . . . . . . . . . . . . . 125 PARLIAMENTARY SERVICE ACT 1988 . . . . . . . . . . . . . . . . . . . . . . . . . 129 PASTORAL WORKERS' ACCOMMODATION ACT 1980 . . . . . . . . . . . 129 PHARMACY ACT 1976 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 PHYSIOTHERAPISTS ACT 1964 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 PLANT PROTECTION ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 PODIATRISTS ACT 1969 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 POLICE SERVICE ADMINISTRATION ACT 1990 . . . . . . . . . . . . . . . . . 131 POLICE SUPERANNUATION ACT 1974 . . . . . . . . . . . . . . . . . . . . . . . . . 132 PROFITEERING PREVENTION ACT 1948 . . . . . . . . . . . . . . . . . . . . . . . . 132 PSYCHOLOGISTS ACT 1977 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 PUBLIC SECTOR ETHICS ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 PUBLIC TRUSTEE ACT 1978 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 QUEENSLAND ART GALLERY ACT 1987 . . . . . . . . . . . . . . . . . . . . . . . 134 QUEENSLAND BUILDING SERVICES AUTHORITY ACT 1991 . . . . . 135 QUEENSLAND CULTURAL CENTRE TRUST ACT 1976 . . . . . . . . . . . 135 QUEENSLAND MUSEUM ACT 1970 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 QUEENSLAND OFFICE OF FINANCIAL SUPERVISION ACT 1992 . . 136

 


 

10 Public Service QUEENSLAND TREASURY CORPORATION ACT 1988 . . . . . . . . . . . . 137 RACING AND BETTING ACT 1980 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 RADIOACTIVE SUBSTANCES ACT 1958 . . . . . . . . . . . . . . . . . . . . . . . . 138 RECORDING OF EVIDENCE ACT 1962 . . . . . . . . . . . . . . . . . . . . . . . . . . 138 RECREATION AREAS MANAGEMENT ACT 1988 . . . . . . . . . . . . . . . . 139 REFERENDUMS ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 RESIDENTIAL TENANCIES ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . 140 ROYAL QUEENSLAND THEATRE COMPANY ACT 1970 . . . . . . . . . . 140 RURAL ADJUSTMENT AUTHORITY ACT 1994 . . . . . . . . . . . . . . . . . . 140 RURAL LANDS PROTECTION ACT 1985 . . . . . . . . . . . . . . . . . . . . . . . . 141 SEWERAGE AND WATER SUPPLY ACT 1949 . . . . . . . . . . . . . . . . . . . 142 SMALL CLAIMS TRIBUNALS ACT 1973 . . . . . . . . . . . . . . . . . . . . . . . . 142 SOLICITOR-GENERAL ACT 1985 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 SPEECH PATHOLOGISTS ACT 1979 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 STATE DEVELOPMENT AND PUBLIC WORKS ORGANIZATION ACT 1971 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 STATE HOUSING ACT 1945 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 STATE SERVICE SUPERANNUATION ACT 1972 . . . . . . . . . . . . . . . . . 145 STATE TRANSPORT ACT 1960 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 STATUTORY BODIES FINANCIAL ARRANGEMENTS ACT 1982 . . . 147 STIPENDIARY MAGISTRATES ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . 147 STOCK ACT 1915 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 SUGAR INDUSTRY ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 SUPERANNUATION (STATE PUBLIC SECTOR) ACT 1990 . . . . . . . . 149 SUPREME COURT OF QUEENSLAND ACT 1991 . . . . . . . . . . . . . . . . . 151 TORRES STRAIT ISLANDER LAND ACT 1991 . . . . . . . . . . . . . . . . . . . 151 TRADE MEASUREMENT ADMINISTRATION ACT 1990 . . . . . . . . . . . 152 TRANSPORT OPERATIONS (MARINE SAFETY) ACT 1994 . . . . . . . . 152 TRANSPORT PLANNING AND COORDINATION ACT 1994 . . . . . . . . 153 TRUST ACCOUNTS ACT 1973 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 VALUERS REGISTRATION ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 VETERINARY SURGEONS ACT 1936 . . . . . . . . . . . . . . . . . . . . . . . . . . . 154

 


 

11 Public Service VOCATIONAL EDUCATION, TRAINING AND EMPLOYMENT ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 WATER RESOURCES ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 WET TROPICS WORLD HERITAGE PROTECTION AND MANAGEMENT ACT 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 WHISTLEBLOWERS PROTECTION ACT 1994 . . . . . . . . . . . . . . . . . . . 156 WORKERS' ACCOMMODATION ACT 1952 . . . . . . . . . . . . . . . . . . . . . . 157 WORKERS' COMPENSATION ACT 1990 . . . . . . . . . . . . . . . . . . . . . . . . 157 SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . 158 DICTIONARY

 


 

 

1996 A BILL FOR An Act about the administration of the public service and the management and employment of public service employees, and for other purposes

 


 

s1 14 s3 Public Service The Parliament of Queensland enacts-- 1 PART 1--PRELIMINARY 2 title 3 Short 1. This Act may be cited as the Public Service Act 1996. 4 5 Commencement 2. This Act commences on a day to be fixed by proclamation. 6 objects 7 Main 3. The main objects of this Act are-- 8 (a) to establish the public service as an apolitical entity responsive to 9 Government needs and competent to provide services in a 10 professional and non-partisan way; and 11 (b) to provide for the administration of the public service and the 12 management and employment of public service employees; and 13 (c) to provide for the appointment of a public service commissioner 14 and the functions and powers of the commissioner; and 15 (d) to promote among public service employees a spirit of service to 16 the community; and 17 (e) to provide principles on which departments are to be 18 administered; and 19 (f) to maintain integrity and appropriate standards of conduct for 20 public service employees; and 21 (g) to state the rights and obligations of public service employees. 22

 


 

s4 15 s7 Public Service 1 Dictionary 4. The dictionary in schedule 3 defines particular words used in this Act.1 2 PART 2--QUEENSLAND PUBLIC SERVICE 3 1--Basic concepts 4 Division public service 5 The 5. The Queensland Public Service consists of the persons who are 6 employed under this Act ("public service employees"). 7 of public service employees 8 Employment 6. Public service employees are employed in departments or public 9 service offices. 10 are "departments" and "public service offices" 11 What 7.(1) A "department" is an entity declared under this Act2 to be a 12 department of government. 13 1 In some Acts, definitions are contained in a dictionary that appears as the last schedule and forms part of the Act--Acts Interpretation Act 1954, section 14(4). Words defined elsewhere in the Act are generally signposted by entries in the dictionary. However, if a section has a definition applying only to the section, or a part of the section, it is generally not signposted by an entry in the dictionary and is generally set out in the last subsection of the section. Signpost definitions in the dictionary alert the reader to the terms defined elsewhere in the Act and tell the reader where the definitions can be found. For example, the definition ` "public service officer" see section 8.' tells the reader there is a definition of public service officer in the section. 2 See section 12 for the declaration of departments. See also section 13 (Establishment of departments etc.).

 


 

s8 16 s 10 Public Service (2) A "public service office" is an entity declared under this Act3 to be a 1 public service office. 2 is a "public service officer" 3 Who 8. A person is a "public service officer" if the person is employed under 4 this Act as-- 5 (a) a chief executive; or 6 (b) a senior executive, other than a chief executive; or 7 (c) an officer, other than a senior executive.4 8 is a "public service employee" 9 Who 9. A person is a "public service employee" if the person is employed 10 under this Act as-- 11 (a) a public service officer; or 12 (b) a general employee;5 or 13 (c) a temporary employee.6 14 of Act to various types of employees etc. 15 Application 10.(1) This Act mainly applies to public service officers. 16 (2) However, some provisions of this Act expressly apply to all public 17 service employees. 18 (3) Also, a provision of this Act may expressly apply to, or may be 19 3 See section 17. See also schedule 1 for a list of public service offices and their heads. 4 See sections 47 (Appointment of chief executives), 60 (Appointment of senior executives) and 67 (Appointment of officers). 5 See section 112 (Employment of general employees). 6 See section 113 (Employment of temporary employees).

 


 

s 11 17 s 12 Public Service applied to7-- 1 (a) a general or temporary employee; or 2 (b) an employee of a public sector unit8 that is not a department or 3 public service office. 4 does not apply to certain offices and employment 5 Act 11.(1) This Act does not apply to an office if-- 6 (a) appointments to the office are made by the Governor alone; or 7 (b) the salary for the office is fixed under the Judges (Salaries and 8 Allowances) Act 1967;9 or 9 (c) the office is honorary. 10 (2) In addition, this Act does not apply to the employment of a person as 11 associate to a Supreme Court judge, District Court judge or industrial 12 commissioner. 13 (3) Subsection (1) does not prevent the holder of an office mentioned in 14 it from having or exercising powers under this Act. 15 Division 2--Departments of government 16 of departments 17 Declaration 12.(1) The departments of government are the entities declared to be 18 departments of government by the Governor in Council by gazette notice. 19 (2) A department of government includes the entities declared to be part 20 of the department by the Governor in Council by gazette notice. 21 7 See section 22 (Application of Act to certain public sector units etc.) and section 114 (Application of Act to general and temporary employees). 8 For the meaning of public sector unit, see section 20. 9 The Judges (Salaries and Allowances) Act 1967 provides for the fixing of the salaries of Supreme Court judges, District Court judges, industrial commissioners, Land Court members, magistrates and mining wardens.

 


 

s 13 18 s 16 Public Service of departments etc. 1 Establishment 13. The Governor in Council may, by gazette notice-- 2 (a) establish a department or another government entity;10 or 3 (b) amalgamate government entities; or 4 (c) add a government entity to a department or another government 5 entity; or 6 (d) divide a department or another government entity; or 7 (e) name or rename a department or another government entity; or 8 (f) abolish a department or another government entity. 9 of functions of departments etc. 10 Declaration 14. The Governor in Council may, by gazette notice, declare the 11 functions that-- 12 (a) are to be the functions of a department or another government 13 entity; or 14 (b) are included or not included in the functions of a department or 15 another government entity. 16 functions to departments etc. 17 Giving 15. The Governor in Council may, by gazette notice-- 18 (a) give a function to a department or another government entity; or 19 (b) change or discontinue a function given to a department or another 20 government entity; or 21 (c) transfer a function given to a department or another government 22 entity to a different government entity. 23 powers of Governor in Council 24 Additional 16.(1) The Governor in Council may, by gazette notice or regulation, 25 10 For the meaning of government entity, see section 21.

 


 

s 17 19 s 18 Public Service prescribe anything necessary or convenient to be prescribed-- 1 (a) to enable a gazette notice to be made under this division; or 2 (b) for carrying out or giving effect to a gazette notice made under 3 this division; or 4 (c) because of the making of a gazette notice under this division. 5 (2) The Governor in Council may do anything else the Governor in 6 Council considers necessary or convenient to be done-- 7 (a) to enable a gazette notice to be made under this division; or 8 (b) for carrying out or giving effect to a gazette notice made under 9 this division; or 10 (c) because of the making of a gazette notice under this division. 11 12 Example of action for carrying out or giving effect to a gazette notice-- 13 Transferring public service employees from a department to another department. (3) Without limiting subsections (1) and (2), if a department or a part of 14 a department is amalgamated with another department or a part of another 15 department, all public service employees of the first department or the part 16 of the first department become public service employees of the other 17 department or the part of the other department, unless the Governor in 18 Council otherwise decides. 19 Division 3--Public service offices 20 service offices 21 Public 17. Each entity specified in schedule 1, column 1 is a public service 22 office. 23 of public service offices 24 Heads 18. The "head" of a public service office is the person specified in 25 schedule 1, column 2 opposite the name of the office. 26

 


 

s 19 20 s 21 Public Service of Acts to public service offices 1 Application 19.(1) This Act and other Acts apply to a public service office and its 2 public service employees as if-- 3 (a) the office were a department; and 4 (b) the head of the office were the chief executive of the department. 5 (2) Without limiting subsection (1), the head of the public service office 6 has all the functions and powers of the chief executive of a department in 7 relation to the office's public service employees. 8 4--Public sector units 9 Division is a "public sector unit" 10 What 20. An entity is a "public sector unit" if it is-- 11 (a) a department or part of a department; or 12 (b) a public service office or part of a public service office; or 13 (c) another government entity declared under a regulation to be a 14 public sector unit. 15 is a "government entity" 16 What 21. An entity is a "government entity" if it is-- 17 (a) a department or part of a department; or 18 (b) a public service office or part of a public service office; or 19 (c) an agency, authority, commission, corporation, instrumentality, 20 office, or other entity, established under an Act or under State 21 authorisation for a public or State purpose; or 22 (d) a part of an entity mentioned in paragraph (c); or 23 (e) another entity, or part of another entity, declared under a 24 regulation to be a government entity. 25

 


 

s 22 21 s 22 Public Service of Act to certain public sector units etc. 1 Application 22.(1) A regulation may apply a provision of this Act to-- 2 (a) a government entity declared under a regulation to be a public 3 sector unit;11 or 4 (b) an employee of a public sector unit who is not a public service 5 employee. 6 (2) The provision applies-- 7 (a) in the way prescribed under a regulation; and 8 (b) with all necessary changes and any changes prescribed under a 9 regulation. 10 (3) A regulation may prescribe anything necessary or convenient to be 11 prescribed-- 12 (a) to enable a regulation to be made under subsection (1) or (2); or 13 (b) for carrying out or giving effect to a regulation made under 14 subsection (1) or (2); or 15 (c) because of the making of a regulation under subsection (1) or (2), 16 including the portability of employment rights and entitlements. 17 18 Examples-- 19 1. A regulation under subsection (1)(a) may apply section 79(3) 12 to a stated 20 public sector unit "x". 21 A regulation under subsection (2) of this section may provide that section 79(3) 22 applies to x as if-- 23 (a) x were a department; and 24 (b) the chairperson of x were the chief executive of the department. 25 Under section 79(3) as applied to x, an officer of a department could then be 26 transferred to x. 27 Finally, a regulation under subsection (3) of this section may provide that an 28 officer transferred under applied section 79(3) has service with the public service 29 recognised as if it were service with x for long service leave, recreation leave and 30 sick leave purposes. 11 For the declaration of entities, see section 20(c). 12 Section 79 (Transfer of officers)

 


 

s 23 22 s 23 Public Service 1 2. A regulation under subsection (1)(b) may apply section 79(3) to a stated class 2 of employees of a public sector unit "y". 3 A regulation under subsection (2) of this section may provide that section 79(3) 4 applies to the employees as if-- 5 (a) y were a department; and 6 (b) the employees were public service officers; and 7 (c) the chairperson of y were the chief executive of the department. 8 Under section 79(3) as applied to the employees, an employee of y could then be 9 transferred to a department. 10 Finally, a regulation under subsection (3) of this section may provide that an 11 employee transferred under applied section 79(3) has service with y recognised as if 12 it were service in the public service for long service leave, recreation leave and sick 13 leave purposes. ART 3--PRINCIPLES OF PUBLIC SERVICE 14 P MANAGEMENT AND EMPLOYMENT 15 of public service management 16 Principles 23. Public service management is to be directed towards-- 17 (a) providing responsive, effective and efficient services to the 18 community and Government; and 19 (b) continuously improving performance in delivering services with a 20 client focus; and 21 (c) implementing Government policies and priorities responsively 22 and responsibly; and 23 (d) maintaining impartiality and integrity in informing, advising and 24 assisting the Government; and 25 (e) continuously improving public service administration and 26 management; and 27 (f) adopting and maintaining systems and processes that are 28 practical, and without excessive formality or likelihood of delay, 29 and can be adapted quickly to changing demands; and 30

 


 

s 24 23 s 25 Public Service (g) acknowledging the importance and value of public service 1 employees through training and ongoing development; and 2 (h) managing public resources efficiently, responsibly and in a fully 3 accountable way; and 4 (i) maintaining proper standards in creating, keeping and managing 5 public records. 6 of public service employment 7 Principles 24. Public service employment is to be directed towards-- 8 (a) basing selection decisions on merit;13 and 9 (b) treating public service employees fairly and reasonably; and 10 (c) providing equal employment opportunity; and 11 (d) giving public service employees a reasonable avenue of redress 12 against unfair or unreasonable administrative decisions; and 13 (e) providing public service employees with safe and healthy 14 working conditions; and 15 (f) giving public service employees reasonable access to appropriate 16 training and development; and 17 (g) remunerating public service employees at rates appropriate to the 18 responsibilities undertaken by public service employees; and 19 (h) avoiding nepotism and patronage. 20 of work performance and personal conduct 21 Principles 25. In recognition that public service employment involves a public trust, 22 a public service employee's work performance and personal conduct must 23 be directed towards-- 24 (a) achieving excellence in service delivery; and 25 (b) ensuring the effective, efficient, economical and appropriate use 26 of public resources; and 27 13 See section 78 (Selection for appointment to be on merit).

 


 

s 26 24 s 27 Public Service (c) giving effect to Government policies and priorities; and 1 (d) providing sound and impartial advice to the Government; and 2 (e) improving all aspects of the employee's work performance; and 3 (f) carrying out duties impartially and with integrity; and 4 (g) observing all laws relevant to the employment; and 5 (h) ensuring that the employee's personal conduct does not reflect 6 adversely on the reputation of the public service. 7 principle of senior executive service employment 8 Additional 26. Employment in the senior executive service is to be directed towards 9 ensuring that senior executives-- 10 (a) develop a public service wide perspective; and 11 (b) continue their executive development; and 12 (c) develop their skills through their deployment within and outside 13 the public service. 14 ART 4--ADMINISTRATION OF THE PUBLIC 15 P SERVICE 16 1--Premier's supervision 17 Division role in relation to public service 18 Premier's 27.(1) The Premier has the following functions-- 19 (a) to promote the overall effectiveness, efficiency and economy of 20 the public service; 21 (b) to assess the effectiveness, efficiency, economy and 22 appropriateness of management in the public service, and in 23 particular departments or parts of departments; 24

 


 

s 28 25 s 29 Public Service (c) to advise departmental Ministers about steps that should be taken 1 to improve public service effectiveness, efficiency and economy. 2 (2) Subsection (1) does not limit the functions the Premier has apart 3 from this section, or require the Premier to carry out any particular action. 4 reports about principles of management and employment 5 Obtaining 28.(1) The Premier may require the chief executive of a department to 6 give the Premier a report about specified aspects of the department's 7 application of the principles of public service management and employment 8 stated in part 3. 9 (2) The report must be given to the Premier within the time the Premier 10 requires. 11 reviews 12 Management 29.(1) The Premier may authorise a person (the "authorised person") 13 to conduct a review of functions or activities of a public sector unit. 14 (2) Before or after authorising a person to conduct the review, the 15 Premier may-- 16 (a) inform the departmental Minister and the chief executive of the 17 public sector unit about the review; and 18 (b) give the chief executive an opportunity to nominate a stated 19 number of employees of the public sector unit to take part in the 20 review. 21 (3) The authorised person-- 22 (a) must produce the person's authority if asked by someone 23 concerned in the review; and 24 (b) may, for the purpose of conducting the review-- 25 (i) enter official premises of the public sector unit at any 26 reasonable time; and 27 (ii) require the production of, examine, copy, or take an extract 28 from, any official document in the possession of the public 29 sector unit; and 30

 


 

s 29 26 s 29 Public Service (iii) interview employees of the public sector unit; and 1 (iv) interview anyone else who can provide information relevant 2 to the review; and 3 (c) must give the Premier a report on the review, including any 4 findings or recommendations. 5 6 Example of another person who can provide information-- 7 A client of services provided by the public sector unit. (4) The chief executive of the public sector unit and every other employee 8 of a public sector unit must give to the authorised person the help the person 9 reasonably requires to conduct the review. 10 (5) Without limiting subsection (4), the authorised person may require an 11 employee of a public sector unit to answer any question relevant to the 12 review. 13 (6) However, the employee need not answer the question if-- 14 (a) the employee objects to answering the question because 15 answering it might tend to incriminate the employee of a criminal 16 offence; and 17 (b) the employee would have a claim of privilege against 18 self-incrimination in relation to a criminal offence if the employee 19 were asked the question in a Supreme Court action. 20 (7) The Premier may give a copy of the report to the departmental 21 Minister and chief executive, and anyone else the Premier considers 22 appropriate. 23 (8) This section does not prevent the Premier from authorising a single 24 review for 2 or more public sector units. 25 (9) In this section-- 26 "official document in the possession of the public sector unit" includes 27 an official document-- 28 (a) under its control or to which it is entitled to access, whether or not 29 created in the public sector unit; and 30 (b) in the possession, or under the control, of an employee of the 31 public sector unit in the employee's official capacity. 32

 


 

s 30 27 s 32 Public Service of numbers of public service employees 1 Regulation 30.(1) The Premier may, by gazette notice, fix the maximum number of 2 public service employees (other than senior executives) that may be 3 employed in a department. 4 (2) The maximum number fixed must be the number the Premier 5 considers necessary for the effective, efficient, economical and appropriate 6 performance of the department's functions. 7 (3) The maximum number must be calculated in the way the Premier 8 directs in the notice. 9 10 Example-- 11 The Premier may direct that the maximum number must be calculated on the 12 basis of full-time equivalents. (4) The Premier must give a copy of the notice to-- 13 (a) the Treasurer; and 14 (b) if the Premier or Treasurer is not the departmental Minister--the 15 departmental Minister; and 16 (c) the chief executive of the department. 17 (5) The chief executive of the department must ensure that the notice is 18 not contravened. 19 may direct action about surplus public service employees 20 Premier 31. If the Premier is satisfied that a department employs more public 21 service employees than it needs for the effective, efficient, economical and 22 appropriate performance of its functions, the Premier may direct the chief 23 executive of the department to take action in accordance with rulings of the 24 commissioner. 25 Division 2--Public service commissioner 26 commissioner and office 27 The 32.(1) There is to be a Public Service Commissioner. 28 (2) An office called the Office of the Public Service is established. 29

 


 

s 33 28 s 33 Public Service (3) The office consists of the commissioner and the office's employees. 1 (4) The office's employees are to be employed under this Act. 2 of commissioner 3 Functions 33. The functions of the commissioner are to-- 4 (a) promote the principles of public service management and 5 employment stated in part 3; and 6 (b) promote public service management and employment 7 improvement initiatives; and 8 (c) monitor the performance of public sector units, and conduct 9 management reviews required by the Premier; and 10 (d) support departmental initiatives to further enhance client service 11 delivery; and 12 (e) provide a best practice advisory role on public service 13 management and employment; and 14 (f) ensure that the interests of the Government as public service 15 employer are protected; and 16 (g) consider and decide issues affecting the remuneration and other 17 conditions of employment of public service employees, other 18 than issues about prescribed entitlements; and 19 (h) consider and decide issues affecting the recruitment, selection, 20 deployment, training and development of public service 21 employees; and 22 (i) provide advice to Ministers and chief executives about public 23 service employee and organisational management; and 24 (j) hear and decide appeals under this Act; and 25 (k) ensure the transfer or redeployment of public service employees 26 surplus to the needs of departments; and 27 (l) establish policies and programs for the management and 28 employment of public service employees; and 29 (m) oversee and, if necessary, take part in negotiations on issues 30 affecting public service employees; and 31

 


 

s 34 29 s 34 Public Service (n) perform another function given to the commissioner under this or 1 another Act or by the Premier; and 2 (o) perform functions incidental to a function under another 3 paragraph of this section. 4 of industrial relations Minister and commissioner 5 Rulings 34.(1) The industrial relations Minister may issue directives and 6 guidelines for prescribed entitlements. 7 (2) The commissioner may issue directives and guidelines about-- 8 (a) conditions of employment of public service employees; or 9 (b) contracts of employment for public service employees; or 10 (c) any matter for which it is necessary or convenient to make 11 provision to ensure that the principles of public service 12 management and employment stated in part 3 are maintained 13 across the public service; or 14 (d) any matter that under this or another Act is required or permitted 15 to be prescribed by the commissioner by directive or guideline. 16 (3) However, the commissioner may not issue a directive or guideline 17 for a prescribed entitlement. 18 (4) A directive-- 19 (a) is to be issued by gazette notice; and 20 (b) is binding on the public service employees, and other employees 21 of public sector units, to whom the directive applies. 22 (5) A guideline is for the guidance of the public service employees, and 23 other employees of public sector units, to whom the guideline applies. 24 (6) If a directive or guideline is inconsistent with this Act, the Financial 25 Administration and Audit Act 1977 or subordinate legislation under either 26 Act, the Act or subordinate legislation prevails over the directive or 27 guideline to the extent of the inconsistency. 28

 


 

s 35 30 s 39 Public Service duty to act independently etc. 1 Commissioner's 35. The commissioner must perform the commissioner's functions 2 independently, impartially, fairly, and in the public interest. 3 report 4 Annual 36.(1) Within 4 months after the end of each financial year, the 5 commissioner must prepare and give to the Premier a report about the 6 performance of the commissioner's functions during the year. 7 (2) The Premier must table a copy of the report in the Legislative 8 Assembly within 14 days after receiving it.14 9 reports 10 Other 37.(1) The commissioner may, at any time, give the Premier a report 11 about any issue relevant to the commissioner's functions. 12 (2) The Premier may ask the commissioner to provide a report to the 13 Premier about any issue relevant to the commissioner's functions. 14 appointed by Governor in Council 15 Commissioner 38. The commissioner is to be appointed by the Governor in Council by 16 gazette notice. 17 of employment of commissioner 18 Basis 39.(1) A person appointed as commissioner must enter into a written 19 contract of employment with the Premier. 20 (2) The conditions of the contract are to be approved by the Governor in 21 Council. 22 (3) The person's conditions of employment are governed by this Act and 23 the contract. 24 (4) The contract must state-- 25 14 See Acts Interpretation Act 1954, section 29A for the tabling of reports when the Legislative Assembly is not sitting.

 


 

s 40 31 s 41 Public Service (a) a term of appointment of not longer than 5 years; and 1 (b) that, if the person's employment as commissioner continues to 2 the end of the term, the person may be reappointed; and 3 (c) that the person must meet performance standards (if any) set by 4 the Premier; and 5 (d) the remuneration to which the person is entitled; and 6 (e) that the person may resign by signed notice of resignation given 7 to the Premier at least 1 month before the notice is to take effect; 8 and 9 (f) that the person's employment may be terminated by the 10 Governor in Council by written notice signed by the Premier and 11 given to the person at least 1 month before it is to take effect. 12 by commissioner 13 Delegation 40.(1) The commissioner may delegate the commissioner's powers 14 under part 715 to any person. 15 (2) The commissioner may delegate other powers of the commissioner 16 to a public service employee. 17 (3) However, the commissioner may not delegate the power to issue 18 directives and guidelines. 19 as commissioner 20 Acting 41.(1) The Premier may appoint a person to act as commissioner during 21 any period or all periods when-- 22 (a) there is a vacancy in the office; or 23 (b) the commissioner is absent from duty or is, for another reason, 24 unable to perform the functions of commissioner. 25 (2) It does not matter whether the person appointed is or is not a public 26 service officer. 27 15 Part 7 (Appeals)

 


 

s 42 32 s 46 Public Service ART 5--STAFFING OF PUBLIC SERVICE 1 P Division 1--The senior executive service generally 2 executive service continued 3 Senior 42. A senior executive service is continued in the public service. 4 of senior executive service 5 Purpose 43. The senior executive service is continued to promote the effectiveness 6 and efficiency of the public service by attracting, developing and retaining a 7 core of mobile, highly skilled senior executives. 8 of senior executive service 9 Composition 44. The senior executive service consists of chief executives of 10 departments and other persons employed under this Act as senior 11 executives. 12 and classification levels of senior executives 13 Number 45.(1) The Governor in Council may, by gazette notice, fix-- 14 (a) the maximum number of senior executives to be employed in a 15 department; and 16 (b) the classification levels at which they are to be employed. 17 (2) The chief executive of the department must ensure that the notice is 18 not contravened. 19 Division 2--Chief executives 20 to have chief executives 21 Departments 46. Each department is to have a chief executive. 22

 


 

s 47 33 s 51 Public Service of chief executives 1 Appointment 47. The Governor in Council may, by gazette notice, appoint chief 2 executives. 3 as chief executive 4 Secondment 48. The Governor in Council may, by gazette notice, second officers as 5 chief executives and revoke secondments at any time. 6 of chief executives 7 Titles 49. The Governor in Council may, by gazette notice, specify the title of 8 office for the chief executive of a stated department. 9 officer as chief executive 10 Statutory 50.(1) The Governor in Council may, by gazette notice, declare that the 11 holder of a stated office established under an Act is the chief executive of a 12 stated department. 13 (2) This Act does not apply to the appointment of a person to the stated 14 office. 15 of chief executives 16 Responsibilities 51.(1) The chief executive of a department is responsible for-- 17 (a) defining departmental goals and objectives in accordance with 18 Government policies and priorities; and 19 (b) managing the department in a way that promotes the effective, 20 efficient, economical and appropriate management of public 21 resources; and 22 (c) deciding organisational and staffing structures for the department 23 having regard to the need for the department to manage public 24 resources effectively, efficiently, economically and appropriately; 25 and 26 (d) adopting management practices that are responsive to changing 27 Government policies and priorities and allow decisions and action 28

 


 

s 51 34 s 51 Public Service to be taken promptly; and 1 (e) promoting continuing evaluation and improvement of 2 effectiveness, efficiency, economy and appropriateness of 3 departmental management; and 4 (f) implementing policies and practices about access and equity to 5 ensure maximum access by members of the community to 6 Government programs and to appropriate avenues for review; 7 and 8 (g) ensuring maintenance of proper standards in the creation, keeping 9 and management of public records under the chief executive's 10 control. 11 (2) Without limiting subsection (1), the chief executive is responsible for 12 the following matters-- 13 (a) departmental priorities; 14 (b) the number of public service employees employed in the 15 department ("departmental employees"); 16 (c) classification levels at which departmental employees are to be 17 employed; 18 (d) duties of departmental employees, and qualifications required to 19 be held by departmental employees to undertake particular duties; 20 (e) recruitment and selection of persons as departmental employees; 21 (f) deployment, and the location of headquarters, of departmental 22 employees; 23 (g) performance appraisal of departmental employees; 24 (h) training and development, promotion and discipline of 25 departmental employees; 26 (i) termination of employment of departmental employees; 27 (j) the times between which departmental employees are to work 28 ordinary hours of work; 29 (k) industrial issues affecting departmental employees (other than 30 issues affecting the public service generally or the public service 31 employees of 2 or more departments); 32

 


 

s 52 35 s 53 Public Service (l) approval and administration of leave arrangements for 1 departmental employees; 2 (m) development of ways to ensure all departmental employees are 3 treated fairly; 4 (n) matters arising out of the chief executive's powers under this Act 5 and other Acts. 6 (3) The chief executive's responsibilities (other than the responsibilities 7 mentioned in subsection (2)(b) and (c)) extend to senior executives of the 8 department as well as other public service employees of the department. 9 (4) The chief executive's responsibilities under this Act are in addition to 10 the chief executive's responsibilities under any other Act. 11 chief executives must discharge responsibilities 12 How 52. In discharging responsibilities under this Act or another Act, a chief 13 executive must-- 14 (a) observe the principles of public service management and 15 employment stated in part 3; and 16 (b) comply with all relevant laws, industrial determinations, and 17 directives; and 18 (c) have regard to all relevant guidelines. 19 of employment for chief executives 20 Basis 53.(1) Each person appointed as a chief executive under this Act must 21 enter into a written contract of employment with the Premier. 22 (2) The conditions of the contract are to be approved by the Governor in 23 Council. 24 (3) The person's conditions of employment are governed by this Act and 25 the contract. 26 (4) The contract must state-- 27 (a) a term of appointment of not longer than 5 years; and 28 (b) that, if the person's employment as chief executive continues until 29

 


 

s 54 36 s 55 Public Service the end of the term, the person may be reappointed; and 1 (c) that the person must meet performance standards (if any) set by 2 the Premier or the relevant departmental Minister; and 3 (d) the remuneration to which the person is entitled; and 4 (e) that the person may resign by signed notice of resignation given 5 to the Premier at least 1 month before the notice is to take effect; 6 and 7 (f) that the person's employment may be terminated by the 8 Governor in Council by written notice signed by the Premier and 9 given to the person at least 1 month before it is to take effect. 10 of chief executive's autonomy 11 Extent 54.(1) The chief executive of a department is subject to the directions of 12 the departmental Minister in managing the department. 13 (2) However, the chief executive must act independently, impartially and 14 fairly in making decisions about particular individuals. 15 (3) Subsection (1) is subject to another Act-- 16 (a) that provides that the chief executive is not subject to the 17 directions of the departmental Minister in relation to particular 18 matters; or 19 (b) that otherwise limits the extent to which, or circumstances in 20 which, the chief executive is subject to the directions of the 21 departmental Minister. 22 of interests 23 Declaration 55.(1) Within 1 month after appointment, 16 the chief executive of a 24 department must give to the departmental Minister a statement setting out 25 the information required under a directive of the commissioner about the 26 interests of the chief executive. 27 (2) If a change of a type prescribed under a directive of the commissioner 28 16 Appointment includes reappointment, see Acts Interpretation Act 1954, section 36, definition "appoint".

 


 

s 56 37 s 58 Public Service happens in the interests of the chief executive, the chief executive must give 1 the departmental Minister a revised statement as soon as possible after the 2 relevant facts come to the chief executive's knowledge. 3 of interest 4 Conflicts 56.(1) If the chief executive of a department has an interest that conflicts 5 or may conflict with the discharge of the chief executive's responsibilities, 6 the chief executive-- 7 (a) must disclose the nature of the interest and conflict to the 8 departmental Minister as soon as practicable after the relevant 9 facts come to the chief executive's knowledge; and 10 (b) must not take action or further action in relation to a matter that is, 11 or may be, affected by the conflict unless authorised by the 12 departmental Minister. 13 (2) The departmental Minister for a department may direct the chief 14 executive of the department to resolve a conflict or possible conflict between 15 an interest of the chief executive and the chief executive's responsibilities. 16 of chief executive powers 17 Delegation 57.(1) The chief executive of a department may delegate the chief 18 executive's powers under this or another Act to any person. 19 (2) A delegation of a power may permit the subdelegation of the power. 20 as chief executive 21 Acting 58.(1) The departmental Minister for a department may appoint a person 22 to act as chief executive of the department during any period or all periods 23 when-- 24 (a) no-one is employed as chief executive; or 25 (b) the chief executive is absent from duty or is, for another reason, 26 unable to perform the responsibilities of chief executive.17 27 17 Acts Interpretation Act 1954, section 24B contains provisions about acting appointments.

 


 

s 59 38 s 62 Public Service (2) It does not matter whether the person appointed is or is not already a 1 public service officer. 2 Division 3--Other senior executives 3 does not apply to chief executives 4 Division 59. This division does not apply to chief executives. 5 of senior executives 6 Appointment 60.(1) The Governor in Council may, by gazette notice, appoint senior 7 executives. 8 (2) A chief executive may, by gazette notice, appoint senior executives in 9 the chief executive's department.18 10 of senior executives 11 Secondment 61.(1) The Governor in Council may, by gazette notice, second senior 12 executives and revoke secondments at any time. 13 (2) The chief executive of a department may, by gazette notice, second a 14 senior executive of the department within the department. 15 (3) The chief executive of a department may, by gazette notice and with 16 the approval of the chief executive of another department, second a senior 17 executive of the other department to the first department. 18 (4) The chief executive may, by gazette notice, revoke a secondment 19 under subsection (2) or (3) at any time. 20 of employment for senior executives 21 Basis 62.(1) Each person appointed as a senior executive must enter into a 22 written contract of employment with the person's chief executive. 23 18 Section 77 (Notification of proposed appointments) applies to senior executive appointments.

 


 

s 63 39 s 64 Public Service (2) However, if a senior executive who is employed on tenure is 1 transferred or redeployed, the person may, but is not required to, enter into a 2 contract of employment with the person's chief executive. 3 (3) The conditions of a senior executive's contract are to be approved by 4 the commissioner. 5 (4) The person's conditions of employment are governed by this Act and 6 the contract. 7 (5) The contract of employment must state-- 8 (a) a term of appointment of not longer than 5 years; and 9 (b) that, if the person's employment as senior executive continues 10 until the end of the term, the person may be reappointed; and 11 (c) the person's duties; and 12 (d) that the person must meet performance standards (if any) set by 13 the chief executive; and 14 (e) the person's classification level, and the remuneration to which 15 the person is entitled; and 16 (f) that the person may resign by signed notice of resignation given 17 to the chief executive at least 1 month before the notice is to take 18 effect; and 19 (g) that the person's employment may be terminated by the chief 20 executive by written notice signed by the chief executive and 21 given to the person at least 1 month before it is to take effect. 22 Division 4--Senior officers 23 is a "senior officer" 24 Who 63. A senior officer is an officer (other than a senior executive) declared 25 to be a senior officer under a directive of the commissioner. 26 of provisions of Act to senior officers 27 Application 64. The following provisions of this Act apply to senior officers in the 28 same way as they apply to senior executives-- 29

 


 

s 65 40 s 67 Public Service section 95(1)(f) (Decisions against which appeals may not be 1 made) 2 section 116 (Exclusion of certain matters from review under 3 other Acts). 4 5--Provisions applying to officers who are not senior 5 Division executives 6 does not apply to senior executives 7 Division 65. This division does not apply to senior executives, but does apply to 8 other officers (including senior officers). 9 and classification levels of employees 10 Number 66.(1) The chief executive of a department may decide-- 11 (a) the number of public service employees to be employed in the 12 department; and 13 (b) the classification levels at which they are to be employed. 14 (2) This section is subject to section 30.19 15 of officers 16 Appointment 67.(1) A chief executive may appoint officers in the chief executive's 17 department. 18 (2) Notice of an appointment must be published in the gazette if-- 19 (a) notice of intention to make an appointment for the relevant duties 20 was published in the gazette; or 21 (b) notice of the appointment is required under this or another Act to 22 be published in the gazette. 23 19 Section 30 (Regulation of numbers of public service employees)

 


 

s 68 41 s 70 Public Service of officers 1 Secondment 68.(1) The chief executive of a department may second an officer of the 2 department within the department. 3 (2) The chief executive of a department may, with the approval of the 4 chief executive of another department, second an officer of the other 5 department to the first department. 6 (3) The chief executive may revoke a secondment under this section at 7 any time. 8 (4) Notice of a secondment must be published in the gazette if-- 9 (a) notice of intention to make an appointment for the relevant duties 10 was published in the gazette; or 11 (b) notice of the appointment of a person to perform the relevant 12 duties is required under this or another Act to be published in the 13 gazette. 14 of employment--tenure or contract 15 Basis 69. Appointment as an officer in a department is on tenure unless-- 16 (a) under a directive of the commissioner, the appointment may be 17 on contract for a fixed term; and 18 (b) the chief executive declares it to be available on contract for a 19 fixed term. 20 of employment for contract employment 21 Basis 70.(1) This section applies if the appointment of a person in a department 22 as an officer is to be on contract for a fixed term. 23 (2) The person must enter into a written contract of employment with the 24 chief executive of the department. 25 (3) The person's conditions of employment are governed by this Act, 26 any directive applying to the person, and the contract. 27

 


 

s 71 42 s 73 Public Service on termination etc. of certain contracts 1 Tenure 71.(1) This section applies if-- 2 (a) a person is employed in a department as an officer on contract; 3 and 4 (b) the contract is terminated other than by disciplinary action, or the 5 contract expires and is not renewed or replaced by another 6 contract of employment under this Act; and 7 (c) when the person was first employed under the contract or an 8 earlier continuous contract of employment as an officer, the 9 person was employed as an officer on tenure. 10 (2) The person becomes an officer employed on tenure. 11 (3) The person is to be employed-- 12 (a) at the classification level at which the person would have been 13 employed if the person had continued in employment as an 14 officer on tenure; and 15 (b) on the remuneration to which the person would have been entitled 16 if the person had continued in employment as an officer on 17 tenure. 18 terminated on acceptance of tenure 19 Contract 72.(1) If an officer who is employed on contract accepts employment as 20 an officer on tenure, the contract is taken to be terminated by agreement of 21 the parties. 22 (2) Without limiting subsection (1), the person is not entitled to payment 23 under the contract because of the termination. 24 on probation 25 Appointments 73.(1) If a person who is not already an officer is appointed as an officer 26 on tenure, the person's chief executive may decide that the person be 27 appointed on probation for not less than 6 months. 28 (2) The person's chief executive may-- 29 (a) by signed notice given to the person, terminate the person's 30

 


 

s 74 43 s 75 Public Service employment at any time during the period of probation; or 1 (b) at the end of the period of probation-- 2 (i) confirm the appointment; or 3 (ii) extend the period of probation; or 4 (iii) by signed notice given to the person, terminate the person's 5 employment. 6 (3) If, within 13 months after the person's appointment, the appointment 7 is not confirmed and the employment is not terminated, the person's 8 appointment is taken to have been confirmed at the end of the 13 months. 9 10 Resignation 74.(1) If the conditions of employment of an officer are governed by a 11 contract of employment and the contract deals with resignation, the officer 12 may resign in accordance with the contract. 13 (2) Any other officer may resign by signed notice of resignation given to 14 the officer's chief executive-- 15 (a) at least 2 weeks before the notice is to take effect; or 16 (b) within a shorter period approved by the chief executive. 17 (3) A notice under subsection (2) takes effect in accordance with its 18 terms and without needing the chief executive's acceptance. 19 6--Provisions applying generally to officers 20 Division about citizenship etc. 21 Requirement 75.(1) A person is eligible to be an officer only if the person is-- 22 (a) an Australian citizen; or 23 (b) a person who resides in Australia and has permission or a right to 24 be granted permission, under Commonwealth law, to remain in 25 Australia indefinitely; or 26 (c) a New Zealand citizen who has a special category visa or a right 27 to be granted a special category visa under the Migration Act 1958 28

 


 

s 76 44 s 78 Public Service (Cwlth). 1 (2) The employing authority may, by written notice signed by the 2 employing authority, terminate the employment of an officer who is 3 ineligible under subsection (1) to be an officer. 4 of employment--full-time or part-time 5 Basis 76. Appointment as an officer is on the basis of full-time employment, 6 unless the appointment has been declared by the employing authority to be 7 available on a part-time basis. 8 of proposed appointments 9 Notification 77.(1) If the employing authority intends to appoint someone to perform 10 duties as an officer, the employing authority must advertise the intention as 11 required under a directive. 12 (2) This section does not apply to-- 13 (a) an appointment declared under a directive to be an appointment to 14 which this section does not apply; or 15 (b) the transfer, redeployment or secondment of a person in 16 accordance with another provision of this Act, a provision of 17 another Act or a directive. 18 for appointment to be on merit 19 Selection 78.(1) Selection of an eligible person for appointment as a public service 20 employee must be based on merit alone. 21 (2) In deciding the relative merits of applicants, the following matters 22 must be taken into account-- 23 (a) the extent to which each applicant has abilities, aptitude, skills, 24 qualifications, knowledge, experience and personal qualities 25 relevant to the carrying out of the duties in question; 26 (b) if relevant-- 27 (i) the way in which each applicant carried out any previous 28 employment or occupational duties; and 29

 


 

s 79 45 s 79 Public Service (ii) the extent to which each applicant has potential for 1 development. 2 (3) This section does not apply to-- 3 (a) an appointment declared under a directive of the commissioner to 4 be an appointment to which this section does not apply; or 5 (b) the transfer, redeployment or secondment of a person in 6 accordance with-- 7 (i) another provision of this Act or a provision of another Act; 8 or 9 (ii) a directive of the commissioner. 10 (4) Also, this section does not apply to the appointment on contract of a 11 person who is a senior executive if-- 12 (a) the person, immediately before the appointment, was employed 13 on tenure; and 14 (b) the appointment on contract is to perform duties in the same 15 department at a higher classification level; and 16 (c) the duties to be performed at the higher classification level are (in 17 the opinion of the person's chief executive) the same or 18 substantially the same as those performed by the person 19 immediately before the appointment; and 20 (d) the chief executive and the person agree to the appointment. 21 of officers 22 Transfer 79.(1) The Governor in Council may, by gazette notice, transfer senior 23 executives. 24 (2) The chief executive of a department may transfer an officer of the 25 department within the department. 26 (3) The chief executive of a department may, with the approval of the 27 chief executive of another department, transfer an officer of the other 28 department to the first department. 29 (4) Subsections (2) and (3) apply to the transfer of a senior executive as 30 well as another officer. 31

 


 

s 80 46 s 81 Public Service (5) The transfer of an officer under this section-- 1 (a) may involve a change in the location where the officer performs 2 duties; and 3 (b) if the officer is employed on contract--has effect despite anything 4 in the contract. 5 if transfer refused 6 Consequence 80.(1) If an officer is transferred under section 79,20 the transfer has 7 effect unless the officer establishes reasonable grounds for refusing the 8 transfer to the satisfaction of the officer's employing authority. 9 (2) If the officer refuses the transfer and fails to establish reasonable 10 grounds for refusing the transfer to the employing authority's satisfaction, 11 the employing authority may terminate the officer's employment by signed 12 notice given to the officer. 13 (3) If the officer establishes reasonable grounds to the employing 14 authority's satisfaction-- 15 (a) the transfer is cancelled; and 16 (b) the refusal must not be used to prejudice the officer's prospects 17 for future promotion or advancement. 18 because of surplus 19 Action 81.(1) This section applies if the chief executive of a department believes 20 that a public service employee is surplus to the department's needs 21 because-- 22 (a) the department employs more employees than it needs for the 23 effective, efficient, economical and appropriate performance of its 24 functions; or 25 (b) the duties performed by the employee are no longer required. 26 (2) The chief executive must take the action required under a directive of 27 the commissioner. 28 20 Section 79 (Transfer of officers)

 


 

s 82 47 s 82 Public Service performance and interchange arrangements 1 Work 82.(1) The purpose of this section is to enable work performance and 2 interchange arrangements to be made by chief executives. 3 (2) The chief executive of a department may enter into, and give effect to, 4 a work performance or interchange arrangement with the chief executive of 5 another department or the appropriate authority of another entity. 6 (3) A work performance or interchange arrangement may make 7 provision for all matters necessary or convenient to be provided under the 8 arrangement. 9 (4) A work performance arrangement may, for example, provide-- 10 (a) for the appointment of, and holding by, a public service employee 11 or another person to any office for the arrangement; and 12 (b) for the authorising of a public service employee or another person 13 to exercise any powers for the arrangement; and 14 (c) whether payment is to be made for work done under the 15 arrangement and, if so, what payment is to be made and who is to 16 make the payment. 17 (5) In this section-- 18 "another jurisdiction" means the Commonwealth or another State. 19 "entity" includes-- 20 (a) a government entity; and 21 (b) a public entity of another jurisdiction. 22 "interchange arrangement" means an arrangement under which-- 23 (a) a public service employee of a department performs duties in 24 another entity; or 25 (b) an employee of an entity performs duties in a department. 26 "public entity", of another jurisdiction, includes-- 27 (a) a department of government, or part of a department of 28 government, of the other jurisdiction; and 29 (b) an entity, or part of an entity, corresponding to a public service 30 office; and 31

 


 

s 83 48 s 84 Public Service (c) an agency, authority, commission, corporation, instrumentality, 1 office, or other entity, established under a law of the jurisdiction 2 or under an authorisation of the jurisdiction for a public or other 3 purpose of the jurisdiction; and 4 (d) a part of an entity mentioned in paragraph (c). 5 "work performance arrangement" means an arrangement under which-- 6 (a) a public service employee of a department performs work for 7 another entity; or 8 (b) an employee of another entity performs work for a department. 9 of interests 10 Declaration 83.(1) The chief executive of a department may direct a public service 11 employee to give, within a stated time or at stated intervals, to the chief 12 executive, or someone nominated by the chief executive, a statement setting 13 out the information required under a directive of the commissioner about 14 the interests of the employee. 15 (2) The chief executive may also direct the public service employee to 16 give to the chief executive, or someone nominated by the chief executive, a 17 revised statement if a change of a type prescribed under a directive of the 18 commissioner happens in the interests of the employee. 19 (3) The public service employee must give the revised statement to the 20 chief executive or nominated person as soon as possible after the relevant 21 facts come to the employee's knowledge. 22 of interest 23 Conflicts 84.(1) If a public service employee (other than a chief executive21) has an 24 interest that conflicts or may conflict with the discharge of the employee's 25 duties, the employee-- 26 (a) must disclose the nature of the interest and conflict to the 27 employee's chief executive as soon as practicable after the 28 relevant facts come to the employee's knowledge; and 29 21 Section 56 deals with conflicts of interest of chief executives.

 


 

s 85 49 s 86 Public Service (b) must not take action or further action in relation to a matter that is, 1 or may be, affected by the conflict unless authorised by the chief 2 executive. 3 (2) The chief executive of a department may direct a public service 4 employee of the department to resolve a conflict or possible conflict 5 between an interest of the employee and the employee's duties. 6 or physical incapacity 7 Mental 85.(1) This section applies to a person who is a public service employee 8 if-- 9 (a) the person is absent from duty without approved leave or the 10 person's employing authority is reasonably satisfied that the 11 person is not performing his or her duties satisfactorily; and 12 (b) the employing authority reasonably suspects that the person's 13 absence or unsatisfactory performance is caused by mental or 14 physical illness or disability. 15 (2) The employing authority may-- 16 (a) appoint a doctor to examine the person and give the authority a 17 written report on the examination; and 18 (b) require the person to submit to the medical examination. 19 (3) If, after considering the report of the medical examination, the 20 employing authority is reasonably satisfied that the person's absence or 21 unsatisfactory performance is caused by mental or physical illness or 22 disability, the employing authority may-- 23 (a) transfer or redeploy the person; or 24 (b) if it is not reasonably practicable to transfer or redeploy the 25 person--retire the person from the public service. 26 (4) Subsection (3) does not limit the action that may be taken in relation 27 to the person. 28 retirement 29 Voluntary 86. A person who is an officer or general employee may, by signed 30

 


 

s 87 50 s 87 Public Service notice given to the employing authority, elect to retire from the public 1 service if-- 2 (a) the person has turned 55; or 3 (b) the person is permitted to retire under a directive. 4 ART 6--DISCIPLINARY ACTION 5 P for discipline 6 Grounds 87.(1) The employing authority may discipline an officer if the authority 7 is reasonably satisfied that the officer has-- 8 (a) performed the officer's duties carelessly, incompetently or 9 inefficiently; or 10 (b) been guilty of misconduct; or 11 (c) been absent from duty without approved leave and without 12 reasonable excuse; or 13 (d) contravened, without reasonable excuse, a direction given to the 14 officer as an officer by a person with authority to give the 15 direction (whether the authority derives from this Act or 16 otherwise); or 17 (e) used, without reasonable excuse, a substance to an extent that has 18 adversely affected the competent performance of the officer's 19 duties; or 20 (f) contravened, without reasonable excuse, a provision of this Act or 21 a code of conduct. 22 (2) In this section-- 23 "code of conduct" means a code of conduct-- 24 (a) approved under the Public Sector Ethics Act 1994; or 25 (b) prescribed under a directive of the commissioner. 26 "misconduct" means-- 27

 


 

s 88 51 s 88 Public Service (a) disgraceful or improper conduct in an official capacity; or 1 (b) disgraceful or improper conduct in a private capacity that reflects 2 seriously and adversely on the public service. 3 4 Example of misconduct-- 5 Victimising another public service employee in the course of the other 6 employee's employment in the public service. action that may be taken 7 Disciplinary 88.(1) In disciplining an officer, the employing authority may take the 8 action, or order the action be taken, that the authority considers reasonable in 9 the circumstances. 10 (2) However, the employing authority must comply with this Act and 11 any relevant directive of the commissioner. 12 (3) The authority may, for example, do any 1 or more of the following-- 13 (a) terminate the officer's employment; 14 (b) reduce the officer's classification level and change the officer's 15 duties accordingly; 16 (c) transfer or redeploy the officer to other employment in the public 17 service; 18 (d) forfeit or defer a remuneration increment or increase of the 19 officer; 20 (e) reduce the level of the officer's remuneration; 21 (f) impose a penalty on the officer of not more than the total of 2 of 22 the officer's periodic remuneration payments; 23 (g) direct that a penalty imposed on the officer be deducted from the 24 officer's periodic remuneration payments; 25 (h) reprimand the officer. 26 (4) An amount directed to be deducted under subsection (1)(g) from any 27 particular periodic remuneration payment of the officer must not be more 28 than half of the amount payable to or for the officer in relation to the 29 payment. 30 (5) An order under subsection (1) is binding on all persons affected by it. 31

 


 

s 89 52 s 92 Public Service of officer from duty 1 Suspension 89.(1) The employing authority may suspend an officer from duty if the 2 authority reasonably believes-- 3 (a) the officer is liable to discipline; and 4 (b) the proper and efficient management of the officer's department 5 might be prejudiced if the officer were not suspended. 6 (2) The authority may cancel an officer's suspension from duty at any 7 time. 8 for disciplinary action 9 Procedure 90.(1) In disciplining or suspending an officer, the employing authority 10 must comply with this Act, any relevant directive of the commissioner, and 11 the principles of natural justice. 12 (2) However, natural justice is not required for the suspension of an 13 officer on full remuneration. 14 procedures for suspension or termination 15 Additional 91.(1) If the employing authority decides to suspend or terminate the 16 employment of an officer, the authority must give the officer written notice 17 of the suspension or termination. 18 (2) The notice must state-- 19 (a) for a suspension notice--the suspension period and the day when 20 it takes effect; or 21 (b) for a termination notice--the day when it takes effect. 22 of suspension from duty 23 Effect 92.(1) An officer suspended from duty under this part is entitled to full 24 remuneration for the period for which the officer is suspended, unless the 25 employing authority otherwise decides. 26 (2) If the officer is suspended without full remuneration, the authority 27 cancels the officer's suspension and the officer resumes duty, then, unless 28 the authority otherwise decides, the officer is entitled to be paid the 29

 


 

s 93 53 s 94 Public Service prescribed remuneration to which the officer would have been entitled apart 1 from the suspension, less any amount earned by the officer from additional 2 employment undertaken during the suspension period. 3 (3) In this section-- 4 "prescribed remuneration" means the remuneration prescribed under a 5 directive. 6 PART 7--APPEALS 7 to commissioner 8 Appeals 93. A person may appeal to the commissioner against a decision if-- 9 (a) an appeal may be made against the decision under section 94;22 10 and 11 (b) the person is entitled to appeal against the decision under 12 section 96.23 13 against which appeals may be made 14 Decisions 94.(1) An appeal may be made to the commissioner against the 15 following decisions-- 16 (a) a decision to take, or not take, action under a directive; 17 (b) a decision under a disciplinary law to discipline a person (other 18 than by termination of employment), including the action taken in 19 disciplining the person; 20 (c) a decision to promote an officer (a "promotion decision"); 21 (d) a decision about anything else against which another Act allows a 22 person to appeal to the commissioner. 23 22 Section 94 (Decisions against which appeals may be made) 23 Section 96 (Who may appeal against decisions)

 


 

s 95 54 s 95 Public Service (2) However, an appeal may not be made against a decision if section 95 1 applies to the decision. 2 against which appeals may not be made 3 Decisions 95.(1) A person can not appeal to the commissioner against any of the 4 following decisions-- 5 (a) a decision of the Governor in Council; 6 (b) a decision of a Minister; 7 (c) a decision about superannuation benefits or workers' 8 compensation; 9 (d) a decision about probation; 10 (e) a decision to terminate the employment of an officer who is 11 employed on probation; 12 (f) a decision about the classification level of employment, unless the 13 decision is declared under a directive of the commissioner to be a 14 decision against which an appeal may be made to the 15 commissioner; 16 (g) a decision to promote, transfer, redeploy or second a chief 17 executive, another senior executive or a senior officer; 18 (h) a non-appealable appointment. 19 (2) A person can not appeal against a decision to take or not take action 20 under a directive if the decision results from the policy, strategy, nature, 21 scope, resourcing or direction of the public service or a department. 22 (3) A person can not appeal against a decision to promote an officer if-- 23 (a) the officer had been redeployed within 1 year before the 24 promotion; and 25 (b) the promotion is to a classification level that is not higher than the 26 officer's classification level immediately before the redeployment. 27 (4) In addition, a person can not appeal against a decision if-- 28 (a) the parties to the appeal would include-- 29 (i) the commissioner; or 30

 


 

s 96 55 s 96 Public Service (ii) an employee of the office of the public service; or 1 (b) it is a matter that has been heard by the Industrial Relations 2 Commission.24 3 (5) In this section-- 4 "non-appealable appointment" means an appointment-- 5 (a) for which the commissioner is satisfied that merit in selection 6 processes is sufficiently protected by ways other than an appeal 7 under this part; and 8 (b) that the commissioner has declared by gazette notice to be an 9 appointment against which an appeal may not be made. 10 may appeal against decisions 11 Who 96. The following persons may appeal against a decision to the 12 commissioner-- 13 (a) for a decision mentioned in section 94(1)(a)25--an officer 14 aggrieved by the decision if the officer is entitled to appeal under a 15 directive of the commissioner; 16 (b) for a decision mentioned in section 94(1)(b) 26--an officer 17 aggrieved by the decision to discipline the officer if the officer is 18 entitled to appeal under a directive of the commissioner; 19 (c) for a decision to promote an officer--an officer aggrieved by the 20 decision who is entitled to appeal under a directive of the 21 commissioner; 22 (d) for a decision mentioned in section 94(1)(d)27--the person the 23 other Act allows to appeal. 24 24 Under section 106 (Jurisdiction of Industrial Relations Commission), the Industrial Relations Commission has jurisdiction to hear and decide a matter mentioned in this subsection. 25 Section 94(1)(a) is about decisions to take, or not take, action under a directive. 26 Section 94(1)(b) is about disciplinary decisions. 27 Section 94(1)(d) is about decisions against which another Act allows a person to appeal.

 


 

s 97 56 s 98 Public Service of operation of decisions etc. 1 Stay 97.(1) The commissioner may stay a decision appealed against to secure 2 the effectiveness of the appeal. 3 (2) A stay-- 4 (a) may be given on conditions the commissioner considers 5 appropriate; and 6 (b) operates for the period decided by the commissioner; and 7 (c) may be revoked or amended by the commissioner. 8 (3) The period of a stay specified by the commissioner must not extend 9 past the time when the commissioner decides the appeal. 10 (4) The starting of an appeal against a decision affects the decision, or the 11 carrying out of the decision, only if the decision is stayed. 12 may decline to hear certain appeals 13 Commissioner 98.(1) The commissioner may decline to hear an appeal against a 14 decision mentioned in section 94(1)(a)28 unless the appellant satisfies the 15 commissioner that the appellant has used grievance procedures required to 16 be used under a directive. 17 (2) The commissioner may decline to hear an appeal against a promotion 18 decision unless the appellant satisfies the commissioner by oral or written 19 submissions that the appellant has an arguable case for the appeal. 20 (3) The commissioner may decline to hear an appeal against any decision 21 if-- 22 (a) the appellant has made an application to a court or tribunal in 23 relation to the decision, whether or not the application has been 24 fully decided; or 25 (b) the commissioner reasonably believes the appeal-- 26 (i) is frivolous or vexatious; or 27 (ii) is misconceived or lacks substance; or 28 28 Section 94(1)(a) is about decisions to take, or not take, action under a directive.

 


 

s 99 57 s 101 Public Service (iii) should not be heard for another compelling reason. 1 (4) Before declining to hear an appeal under subsection (3)(b), the 2 commissioner may ask the appellant to establish by oral or written 3 submissions that the appellant has an arguable case for the appeal. 4 is by way of review 5 Appeal 99.(1) The commissioner must decide an appeal by reviewing the 6 decision appealed against. 7 (2) For an appeal against a decision about a promotion or disciplinary 8 action, the commissioner must decide the appeal on the basis of the 9 evidence available to the decision maker when the decision was made, 10 unless the commissioner allows other evidence to be taken into account. 11 duties on appeal 12 Commissioner's 100. In hearing and deciding an appeal, the commissioner must-- 13 (a) observe the principles of natural justice; and 14 (b) act as quickly, and with as little formality and technicality, as is 15 consistent with a fair and proper consideration of the issues. 16 may decide procedures 17 Commissioner 101.(1) The commissioner-- 18 (a) is not bound by the rules of evidence; and 19 (b) may inform himself or herself in the way, and to the extent, the 20 commissioner considers appropriate; and 21 (c) may decide the persons (other than the appellant) who are the 22 parties to the appeal; and 23 (d) may decide the appeal without a hearing if the parties to the appeal 24 agree; and 25 (e) may hear and decide any issue relevant to the appeal; and 26 (f) may decide the procedures to be followed in the appeal, including, 27 for example, whether-- 28

 


 

s 102 58 s 104 Public Service (i) the appeal should be heard with other appeals; and 1 (ii) the parties should be heard together or separately; and 2 (iii) the parties should be heard, or evidence or submissions 3 taken, by way of video link or another form of 4 communication. 5 (2) However, the commissioner must comply with this part and the 6 procedural rules that may be prescribed under a regulation. 7 of parties 8 Representation 102.(1) A party to an appeal may appear personally or by an agent, but 9 may not be represented by a lawyer. 10 (2) However, a party to an appeal about a promotion decision may be 11 represented by an agent only with the commissioner's leave. 12 powers on appeal 13 Commissioner's 103.(1) In hearing an appeal, the commissioner may-- 14 (a) act in the absence of a person who has been given reasonable 15 notice; and 16 (b) receive evidence on oath or affirmation or by statutory 17 declaration; and 18 (c) require a public service employee to attend as a witness to give 19 evidence or produce documents or things; and 20 (d) require a public service employee attending as a witness to make 21 an oath or affirmation. 22 (2) The commissioner may administer an oath or affirmation to a person 23 appearing as a witness. 24 on appeal 25 Decision 104.(1) In deciding an appeal, the commissioner may-- 26 (a) confirm the decision appealed against; or 27 (b) for an appeal against a promotion decision--set the decision 28

 


 

s 105 59 s 106 Public Service aside, and return the issue to the decision maker with a copy of 1 the commissioner's decision and any directions permitted under a 2 directive of the commissioner that the commissioner considers 3 appropriate; or 4 (c) for another appeal--set the decision aside, and substitute another 5 decision or return the issue to the decision maker with a copy of 6 the commissioner's decision and any directions the 7 commissioner considers appropriate. 8 (2) In deciding an appeal against a promotion decision, the commissioner 9 may set the decision aside only if the commissioner finds-- 10 (a) that the recruitment or selection process was deficient; or 11 (b) that the appellant demonstrated the highest level of merit overall. 12 may reopen decided appeals 13 Commissioner 105. The commissioner may reopen an appeal that has been decided if 14 the commissioner is satisfied there are compelling reasons for hearing and 15 deciding it again. 16 of Industrial Relations Commission 17 Jurisdiction 106.(1) This section is to be read in conjunction with the Industrial 18 Relations Act 1990. 19 (2) The Industrial Relations Commission may hear and decide, as an 20 industrial matter, an application by a person aggrieved by a matter 21 mentioned in section 95(4).29 22 (3) The Industrial Relations Commission may not hear or decide, as an 23 industrial matter, an application by a person about a decision against which 24 the person has appealed to the commissioner. 25 29 Section 95(4) is about decisions that can not be appealed against because the appeal would involve the commissioner or employees of the office of the public service, or a matter that has been heard by the Industrial Relations Commission.

 


 

s 107 60 s 109 Public Service appeals 1 Protective 107.(1) An officer who is promoted in a department and who could have 2 appealed against the promotion of someone else in the department or 3 another department may appeal against the other promotion under a 4 regulation or a directive of the commissioner. 5 (2) Subsection (1) applies even though the time within which the officer 6 may appeal against the other promotion has expired. 7 (3) However, the commissioner may hear and decide the appeal only if 8 the appeal against the officer's own promotion is allowed. 9 ART 8--REMOVAL OF STATUTORY OFFICE 10 P HOLDERS WHO ARE TERM APPOINTEES 11 is a "statutory office" 12 What 108.(1) A "statutory office" is an office established under an Act to 13 which a person may only be appointed by the Governor in Council or a 14 Minister. 15 (2) It is immaterial whether an appointment may only be made after a 16 recommendation or other process. 17 is a "term appointee" 18 Who 109.(1) A "term appointee" is a person appointed to a statutory office 19 under an Act that provides the appointee holds the office for a term 20 specified under the Act, in the appointment instrument or in another 21 instrument. 22 (2) It is immaterial whether the office is held full-time or part-time. 23 (3) A person is not a term appointee because of appointment as any of 24 the following-- 25 (a) the holder of an office under an Act that provides the holder may 26 or must be removed from office following an address or 27 resolution of the Legislative Assembly; 28

 


 

s 110 61 s 111 Public Service (b) a member of the police service; 1 (c) an officer of the parliamentary service; 2 (d) the holder of an office declared under a regulation for this section. 3 (4) A person appointed to a statutory office is not a term appointee 4 merely because, under an Act, the person stops holding the office on 5 reaching a particular age. 6 of term appointees 7 Removal 110.(1) The Governor in Council may remove a term appointee from 8 office at any time. 9 (2) The Governor in Council may remove a term appointee from office 10 under subsection (1) despite another Act or the conditions of the term 11 appointee's appointment or contract of employment. 12 (3) This section does not stop removal of a term appointee apart from 13 this section. 14 15 Example-- 16 It is stated in another Act that a person holding a particular statutory office 17 provided for by the Act may be removed from office for a list of reasons, for 18 example, incompetence and the commission of an indictable offence. A person 19 holding the office is a term appointee under this part. Therefore, a person holding the 20 office may be removed from office not only under the Act mentioned, but also under 21 this section. and other entitlements 22 Re-employment 111.(1) This section applies to a person removed from a statutory office 23 under section 110. 24 (2) If the person, at the time of appointment to the statutory office or an 25 earlier continuous appointment to the statutory office or another statutory 26 office, was an officer who had been in continuous employment in the 27 capacity of an officer for at least 5 years, the person is entitled to be 28 employed in the way stated in subsection (3). 29 (3) The person is entitled to be employed as an officer-- 30 (a) at the classification level at which the person would have been 31

 


 

s 112 62 s 112 Public Service employed if the person had continued in employment as an 1 officer; and 2 (b) on the remuneration to which the person would have been entitled 3 if the person had continued in employment as an officer; and 4 (c) for duties appropriate to the person's classification level and 5 qualifications. 6 (4) The commissioner has the function of identifying appropriate 7 employment in which the person may be employed. 8 (5) The commissioner may direct a department's chief executive to 9 employ the person, if the employment is in the chief executive's 10 department. 11 (6) If the person is employed according to the person's entitlements 12 under this section, the person is not entitled to compensation for being 13 removed from the statutory office. 14 (7) Subsection (6) applies despite the conditions of the person's 15 appointment or contract of employment as a term appointee. 16 (8) Apart from subsection (6), this part does not affect the person's right 17 to claim compensation or other entitlements under the conditions of the 18 person's appointment or contract of employment applying when the 19 appointment or employment ends. 20 (9) The person may only claim under the conditions of the person's 21 appointment or contract of employment compensation and other 22 entitlements as if the person's appointment or employment had been 23 terminated as permitted under the conditions or as if the person's term of 24 office had ended. 25 ART 9--GENERAL AND TEMPORARY 26 P EMPLOYEES 27 of general employees 28 Employment 112.(1) A chief executive may employ a person as a general employee to 29

 


 

s 113 63 s 114 Public Service perform work of a type not ordinarily performed by an officer. 1 (2) The employment may be-- 2 (a) on tenure, or on a temporary basis and full-time or part-time; or 3 (b) on a casual basis. 4 (3) A person employed under this section does not, by the employment, 5 become an officer. 6 (4) Subsections (1) and (2) are subject to a directive that may be made 7 about the employment of persons as general employees. 8 of temporary employees 9 Employment 113.(1) A chief executive may employ a person as a temporary 10 employee to perform work of a type ordinarily performed by an officer. 11 (2) The employment may be-- 12 (a) on a temporary basis and full-time or part-time; or 13 (b) on a casual basis. 14 (3) A person employed under this section does not, by the employment, 15 become an officer. 16 (4) Subsections (1) and (2) are subject to a directive that may be made 17 about the employment of persons as temporary employees. 18 of Act to general and temporary employees 19 Application 114.(1) A directive of the commissioner may apply a provision of this 20 Act to a general or temporary employee. 21 (2) The provision applies to the employee-- 22 (a) as if the employee were an officer; and 23 (b) with all necessary changes and any changes prescribed under a 24 directive of the commissioner. 25 (3) A directive of the commissioner may prescribe anything necessary or 26 convenient to be prescribed-- 27 (a) to enable a directive to be made under subsection (1) or (2); or 28

 


 

s 115 64 s 116 Public Service (b) for carrying out or giving effect to a directive under subsection (1) 1 or (2); or 2 (c) because of the making of a directive under subsection (1) or (2). 3 PART 10--MISCELLANEOUS 4 of Act on Crown 5 Effect 115.(1) Subject to subsection (3), this Act binds the Crown. 6 (2) A person who employs another person under this Act employs the 7 person as the authorised agent of the Crown. 8 (3) The right or power of the Crown recognised at common law to 9 dispense with the services of a person employed in the public service is not 10 abrogated or restricted by any provision of this Act. 11 of certain matters from review under other Acts 12 Exclusion 116.(1) In this section-- 13 "excluded matter" means-- 14 (a) a decision to appoint, or not to appoint, a person under this Act or 15 as a statutory office holder; or 16 (b) the contract of employment of, or the application of this Act or a 17 provision of this Act to, any of the following persons (an 18 "excluded person")-- 19 (i) the commissioner; 20 (ii) a chief executive or other senior executive; 21 (iii) a senior officer; 22 (iv) another officer whose employment is on contract for a fixed 23 term; or 24 (c) a decision to take or not to take action, if the decision results from 25 the policy, strategy, nature, scope, resourcing or direction of the 26

 


 

s 117 65 s 119 Public Service public service or a department; or 1 (d) the removal of a statutory office holder under this Act. 2 (2) An excluded matter, or a matter affecting or relating to an excluded 3 matter, is not an industrial matter for the Industrial Relations Act 1990. 4 (3) Without limiting subsection (2), awards and industrial agreements do 5 not apply to an excluded person. 6 (4) A decision about an excluded matter can not be challenged, appealed 7 against, reviewed, quashed, set aside, or called in question in another way, 8 under the Judicial Review Act 1991. 9 of Industrial Relations Act to public service employees 10 Application 117.(1) Public service employees are employees for the Industrial 11 Relations Act 1990. 12 (2) Subsection (1) is subject to sections 106(3) and 116(2).30 13 between directives and industrial agreements 14 Inconsistency 118.(1) This section applies to a directive if a regulation declares that it is 15 a directive to which this section applies. 16 (2) If an agreement made under the Industrial Relations Act 1990, 17 part 11 and a directive (whether made before or after the agreement) are 18 inconsistent, the agreement prevails over the directive to the extent of the 19 inconsistency. 20 power 21 Regulation-making 119.(1) The Governor in Council may make regulations under this Act. 22 (2) A regulation may be made about-- 23 (a) the operation of the public service, a department or public service 24 office; or 25 30 Section 106(3) excludes the jurisdiction of the Industrial Relations Commission for decisions against which a person has appealed to the commissioner. Section 116(2) excludes certain matters from the concept of industrial matter.

 


 

s 120 66 s 121 Public Service (b) the entitlements, responsibilities, functions, powers and liabilities 1 of public service employees; or 2 (c) any matter that is permitted under this Act to be prescribed by the 3 industrial relations Minister or commissioner by directive or 4 guideline. 5 (3) To the extent that it permits the making of a regulation for a 6 prescribed entitlement, this section is to be administered by the industrial 7 relations Minister. 8 (4) A regulation may provide for administration of it by a Minister other 9 than the Premier. 10 PART 11--TRANSITIONAL PROVISIONS, REPEALS 11 AND AMENDMENTS 12 1--Transitional provisions 13 Division departments 14 Existing 120.(1) An entity that was a department under the Public Service 15 Management and Employment Act 1988 immediately before the 16 commencement of this section continues as a department under this Act 17 until this section expires. 18 (2) This section expires 1 year after it commences or, if an earlier day is 19 prescribed under a regulation for this section, the earlier day. 20 units of the public sector 21 Existing 121.(1) An entity that was a unit of the public sector under the Public 22 Sector Management Commission Act 1990 immediately before the 23 commencement of this section continues as a public sector unit under this 24 Act until this section expires. 25 (2) However, a regulation may declare that the entity is no longer a public 26 sector unit for all or any of the provisions of this Act. 27

 


 

s 122 67 s 122 Public Service (3) This section expires 1 year after it commences or, if an earlier day is 1 prescribed under a regulation for this section, the earlier day. 2 chief executives 3 Existing 122.(1) If, immediately before the commencement of this section, a 4 person held appointment as a chief executive, the person is taken to have 5 been appointed under this Act as a chief executive for the remainder of the 6 person's term of appointment. 7 (2) If, immediately before the commencement, a person was seconded as 8 chief executive of a department, the secondment continues as if it had been 9 made under this Act. 10 (3) The title of a chief executive immediately before the commencement 11 continues to be the title of the chief executive, subject to section 49.31 12 (4) For section 50,32 the commissioner of the police service is taken to be 13 the chief executive of the Department of Police. 14 (5) The contract of employment of a chief executive in force immediately 15 before the commencement is taken to have been made under this Act. 16 (6) Within 1 month after the commencement, a chief executive must 17 comply with section 5533 as if the chief executive had been appointed on the 18 commencement. 19 (7) A delegation by a chief executive in force under the Public Service 20 Management and Employment Act 1988 immediately before the 21 commencement continues in force as if the delegation had been made under 22 this Act. 23 (8) An appointment in existence immediately before the commencement 24 for a person to act as a chief executive (whether or not the person was acting 25 under the appointment at that time) continues in force as if the appointment 26 had been made under this Act. 27 31 Section 49 (Titles of chief executives) 32 Section 50 (Statutory officer as chief executive) 33 Section 55 (Declaration of interests)

 


 

s 123 68 s 125 Public Service of certain chief executive appointments 1 Validation 123. The purported authorisation under the Public Service Management 2 and Employment Act 1988, section 1534 at any time before the 3 commencement of this section of a person who was not an officer under 4 that Act is as valid and effective, and is taken always to have been valid and 5 effective, as the authorisation would have been if the person had been an 6 officer. 7 commissioner 8 Existing 124. The person holding office as director-general, office of the public 9 service immediately before the commencement of this section is taken to 10 have been appointed under this Act as commissioner for the remainder of 11 the person's term of appointment. 12 out of SES level 1 13 Phasing 125.(1) Senior executive service level 1 is to be phased out. 14 (2) Subject to subsection (3), after the commencement of this section, a 15 person can not be appointed at senior executive service level 1. 16 (3) If, immediately before the commencement, a person was appointed 17 to a position classified as senior executive service level 1 ("SES 1"), the 18 employment continues to be employment as a senior executive, SES 1, 19 until the person ceases to be an officer or to perform duties that would, if 20 this Act had not been passed, be duties at SES 1. 21 (4) If, immediately before the commencement, a person was seconded 22 by the Governor in Council to a position classified as SES 1, the 23 employment continues to be employment as a senior executive, SES 1, 24 until the end of the secondment or any continuous extension of it. 25 (5) If a person mentioned in subsection (4), while seconded, is promoted 26 as an officer on tenure to perform the same, or substantially the same, 27 duties for which the person was employed on secondment, the person's 28 entitlements must be at least the same as those the person had on the 29 secondment. 30 34 Section 15 (Acting as chief executive)

 


 

s 126 69 s 128 Public Service senior executives other than chief executives 1 Existing 126.(1) If, immediately before the commencement of this section, a 2 person held appointment as a senior executive (other than a chief executive), 3 the person is taken to have been appointed under this Act as a senior 4 executive. 5 (2) If, immediately before the commencement, a person was seconded as 6 a senior executive (other than a chief executive), the secondment continues 7 as if it had been made under this Act. 8 (3) A person mentioned in subsection (1) or (2) may, but is not required 9 to, enter into a contract of employment with the person's chief executive in 10 relation to the person's appointment or secondment mentioned in the 11 subsection. 12 (4) The employment of a person mentioned in subsection (1) or (2), and 13 the conditions of the employment, are not affected by the phasing out of 14 senior executive service level 1 positions. 15 officers 16 Existing 127.(1) A person who was an officer under the Public Service 17 Management and Employment Act 1988 immediately before the 18 commencement of this section is taken to be an officer appointed under this 19 Act. 20 (2) If there is doubt about whether a person was an officer under the 21 Public Service Management and Employment Act 1988 immediately before 22 the commencement and the person asks a chief executive to make a 23 declaration under this subsection, the chief executive may declare that 24 subsection (1) applies to the person. 25 (3) The employment of a person mentioned in subsection (1) (including 26 a person declared under subsection (2) to be a person to whom 27 subsection (1) applies), and the conditions of the employment, are not 28 affected by the discontinuance of public service positions. 29 on probation on initial appointment 30 Appointments 128.(1) This section applies to a person-- 31 (a) who was an officer immediately before the commencement of 32

 


 

s 129 70 s 130 Public Service this section; and 1 (b) who was appointed as an officer on probation under the Public 2 Service Management and Employment Act 1988, section 23(2); 3 and 4 (c) whose appointment had not been confirmed or rescinded before 5 the commencement. 6 (2) Section 7335 applies to the person as if the person had been appointed 7 as an officer under this Act, and the reference in section 73(3) to 13 months 8 after the appointment were a reference to 19 months after the appointment. 9 on probation on promotion 10 Appointments 129.(1) This section applies to a person-- 11 (a) who was an officer immediately before the commencement of 12 this section; and 13 (b) who was appointed by way of promotion to an office on 14 probation under the Public Service Management and Employment 15 Act 1988, section 23(3); and 16 (c) whose appointment had not been confirmed or rescinded before 17 the commencement. 18 (2) The Public Service Management and Employment Act 1988, 19 section 23 continues to apply to the person as if that Act had not been 20 repealed, and the reference in section 23(5) of that Act to that Act were a 21 reference to this Act. 22 contracts of employment 23 Existing 130.(1) If a person (other than a chief executive) was employed under the 24 Public Service Management and Employment Act 1988 on a contract of 25 employment immediately before the commencement of this section, the 26 contract of employment is taken to have been made under this Act between 27 the person and the person's chief executive. 28 (2) If the person was an officer immediately before the commencement, 29 35 Section 73 (Appointments on probation)

 


 

s 131 71 s 133 Public Service the employment of the person under this Act is taken to be on contract for a 1 fixed term. 2 general employees 3 Existing 131.(1) A person who was engaged under the Public Service 4 Management and Employment Act 1988, section 34(1)(a) immediately 5 before the commencement of this section is taken to be a general employee 6 employed under this Act. 7 (2) If there is doubt about whether a person was a person engaged as 8 mentioned in subsection (1) and the person asks a chief executive to make a 9 declaration under this subsection, the chief executive may declare that 10 subsection (1) applies to the person. 11 (3) The conditions of the employment of a person mentioned in 12 subsection (1) (including a person declared under subsection (2) to be a 13 person to whom subsection (1) applies) are not affected by the repeal of the 14 Public Service Management and Employment Act 1988. 15 temporary employees 16 Existing 132.(1) A person who was engaged under the Public Service 17 Management and Employment Act 1988, section 34(1)(b) immediately 18 before the commencement of this section is taken to be a temporary 19 employee employed under this Act. 20 (2) If there is doubt about whether a person was a person engaged as 21 mentioned in subsection (1) and the person asks a chief executive to make a 22 declaration under this subsection, the chief executive may declare that 23 subsection (1) applies to the person. 24 (3) The conditions of the employment of a person mentioned in 25 subsection (1) (including a person declared under subsection (2) to be a 26 person to whom subsection (1) applies) are not affected by the repeal of the 27 Public Service Management and Employment Act 1988. 28 standards and determinations 29 Existing 133.(1) In this section-- 30

 


 

s 134 72 s 134 Public Service "existing instrument" means-- 1 (a) a standard in force under the Public Sector Management 2 Commission Act 1990 immediately before the commencement of 3 this section; or 4 (b) a determination of the Governor in Council in force under the 5 Public Service Management and Employment Act 1988 6 immediately before the commencement. 7 (2) An existing instrument remains in force for this Act as if it were a 8 ruling of the commissioner. 9 (3) The instrument-- 10 (a) is to be read with the changes necessary to make it consistent 11 with, and adapt its operation to, this Act; and 12 (b) may be amended or repealed by a ruling issued by the 13 commissioner under this Act. 14 (4) Without limiting subsection (3)(a), if the instrument is a standard, the 15 instrument is to be read as if a reference to a public sector employee 16 included a reference to an employee of a public sector unit. 17 action 18 Disciplinary 134.(1) If disciplinary action had been started, but not finished, under the 19 Public Service Management and Employment Act 1988 before the 20 commencement of this section, the action may be finished under that Act as 21 if the Act had not been repealed. 22 (2) If, immediately before the commencement, a person was suspended 23 from duty under the Public Service Management and Employment Act 24 1988, section 30, the suspension continues to have effect as if that Act had 25 not been repealed. 26 (3) For the purpose of taking disciplinary action, part 6 of this Act36 27 applies to acts and omissions that happened before the commencement as 28 well as to acts and omissions that happen after the commencement. 29 36 Part 6 (Disciplinary action)

 


 

s 135 73 s 135 Public Service 1 Appeals 135.(1) If-- 2 (a) a person had appealed to the commissioner for public sector 3 equity under the Public Sector Management Commission Act 4 1990 before the commencement of this section; and 5 (b) the appeal had not been decided before the commencement; 6 the public service commissioner may hear, or continue to hear, and decide 7 the appeal under that Act as if that Act had not been repealed and the public 8 service commissioner were the commissioner for public sector equity. 9 (2) In deciding the appeal, the public service commissioner-- 10 (a) must have regard to any evidence given to the commissioner for 11 public sector equity; and 12 (b) may give any directions about the hearing of the appeal that the 13 public service commissioner considers necessary to enable the 14 appeal to be heard and decided as quickly, informally and simply 15 as is practicable. 16 (3) For the purpose of making appeals, part 7 of this Act37 applies to 17 decisions made before the commencement as well as to decisions made 18 after the commencement. 19 (4) If-- 20 (a) a person who is not an officer was entitled under the Public 21 Sector Management Commission Act 1990 to appeal to the 22 commissioner for public sector equity before the commencement 23 of this section against a decision of a particular type; and 24 (b) the person would be entitled under this Act to appeal to the public 25 service commissioner against a decision of that type if the person 26 were an officer; 27 then the person may appeal to the commissioner under part 7 against a 28 decision of that type. 29 (5) For subsection (4), part 7 is to be read-- 30 (a) as if a reference to an officer included a reference to the person 31 37 Part 7 (Appeals)

 


 

s 136 74 s 138 Public Service mentioned in the subsection; and 1 (b) with the other changes necessary to give effect to the subsection 2 and any changes prescribed under a regulation. 3 of pt 8 4 Application 136. Part 838 applies to a term appointee holding office at the 5 commencement of this section as well as to a term appointee appointed to 6 office after the commencement. 7 regulations 8 Existing 137.(1) A regulation in force under the Public Service Management and 9 Employment Act 1988 or the Public Sector Management Commission Act 10 1990 immediately before the commencement of this section remains in 11 force for this Act. 12 (2) The regulation-- 13 (a) is to be read with the changes necessary to make it consistent 14 with, and adapt its operation to, this Act; and 15 (b) may be amended or repealed by a regulation under this Act. 16 (3) Without limiting subsection (2)(a), if the regulation is a regulation in 17 force under the Public Sector Management Commission Act 1990, the 18 regulation is to be read as if a reference to a public sector employee included 19 a reference to an employee of a public sector unit. 20 to Public Sector Management Commission Act 1990 21 References 138. In an Act or document, a reference to the Public Sector 22 Management Commission Act 1990 may, if the context permits, be taken as 23 a reference to this Act. 24 38 Part 8 (Removal of statutory office holders who are term appointees)

 


 

s 139 75 s 144 Public Service to Public Service Management and Employment Act 1988 1 References 139. In an Act or document, a reference to the Public Service 2 Management and Employment Act 1988 may, if the context permits, be 3 taken as a reference to this Act. 4 taken as reference to commissioner 5 References 140. In an Act or document, a reference to any of the following may, if 6 the context permits, be taken as a reference to the commissioner-- 7 chair of the public sector management commission 8 commissioner for public sector equity 9 member of the public sector management commission. 10 to public sector management commission 11 References 141. In an Act or document, a reference to the public sector management 12 commission may, if the context permits, be taken as a reference to the office 13 of the public service. 14 to standards 15 References 142. In an Act or document, a reference to a standard under the Public 16 Sector Management Commission Act 1990 may, if the context permits, be 17 taken as a reference to a ruling of the commissioner under this Act. 18 to unit of the public sector 19 References 143. In an Act or document, a reference to a unit of the public sector 20 under the Public Sector Management Commission Act 1990 may, if the 21 context permits, be taken as a reference to a public sector unit under this 22 Act. 23 to departments 24 References 144. In an Act or document, a reference to a department specified or 25 mentioned in the Public Service Management and Employment Act 1988, 26

 


 

s 145 76 s 148 Public Service schedule 1 may, if the context permits, be taken as a reference to an entity 1 that is a department of government under this Act. 2 to permanent head of department 3 References 145. In an Act or document, a reference to the permanent head of a 4 department may, if the context permits, be taken as a reference to the chief 5 executive of the department. 6 Division 2--Repeals and amendments 7 repealed 8 Acts 146. The following Acts are repealed-- 9 Assisted Students (Enforcement of Obligations) Act 1951 10 15 Geo VI No. 47 11 Public Sector Management Commission Act 1990 No. 5 12 Public Service Management and Employment Act 1988 No. 52. 13 of Constitution Act 1867 14 Amendment 147.(1) This section amends the Constitution Act 1867. 15 (2) Section 14, heading-- 16 omit, insert-- 17 `Officers liable to retire from office on political grounds'. 18 (3) Section 14(1) and proviso-- 19 omit. 20 (4) Section 53(1), `, 14'-- 21 omit. 22 Acts amended--schedule 2 23 Other 148. Schedule 2 amends the Acts mentioned in it. 24

 


 

77 Public Service CHEDULE 1 1 S PUBLIC SERVICE OFFICES AND THEIR HEADS 2 sections 17 and 18 3 column 1 column 2 4 Public service offices Heads of offices 1 Anti-Discrimination Anti-discrimination commissioner 5 Commission 6 2 Queensland Audit Office Auditor-general 7 8 3 Electoral Commission of Electoral commissioner 9 Queensland 10 4 Health Rights Commission Health rights commissioner 11 12 5 Land Tribunal under Aboriginal Chairperson of the tribunal 13 Land Act 1991 14 6 Land Tribunal under Torres Chairperson of the tribunal 15 Strait Islander Land Act 1991 16 7 Office of the Queensland Parliamentary counsel 17 Parliamentary Counsel 18 8 Office of the Public Service Public service commissioner 19 20 9 Public Trust Office Public trustee 21 22 10 South-East Queensland Transit Chief executive of the authority 23 Authority 24 11 An entity declared by regulation The person declared under a 25 to be a public service office regulation to be head of the office 26

 


 

78 Public Service CHEDULE 2 1 S MENDMENTS 2 A section 148 3 BORIGINAL LAND ACT 1991 4 A 1. Section 90(3)-- 5 omit, insert-- 6 `(3) A member of the tribunal is to be appointed under this Act, and not 7 under the Public Service Act 1996.'. 8 2. Section 127-- 9 omit, insert-- 10 `Staff of tribunal employed under Public Service Act 11 `127. The staff of the Land Tribunal are to be employed under the Public 12 Service Act 1996.'. 13 CTS INTERPRETATION ACT 1954 14 A 1. Section 33(4B)-- 15 omit, insert-- 16 `(4B) In an Act, a reference to a department is a reference to an entity that 17 is a department of government under the Public Service Act 1996.'. 18

 


 

79 Public Service SCHEDULE 2 (continued) 2. Section 33(5AC) and (5B), `unit of the public sector'-- 1 omit, insert-- 2 `public sector unit'. 3 3. Section 33(4A) to (7), as amended-- 4 renumber as section 33(5) to (14). 5 4. Section 36, definitions "chief executive", "department", "officer of 6 the public service", "public service" and "unit of the public sector"-- 7 omit. 8 5. Section 36-- 9 insert-- 10 ` "chief executive"-- 11 (a) for a department specified by name--means the chief executive 12 of the department; or 13 (b) for a public service office specified by name--means the head of 14 the office under the Public Service Act 1996; or 15 (c) for the police service--the commissioner of the police service; or 16 (d) for another public sector unit specified by name--means the chief 17 executive (however described) in charge of the unit; or 18 (e) in any other case--see section 33. 19 "department" see section 33. 20 "industrial commissioner" see Industrial Relations Act 1990. 21 "officer", in relation to the public service, see "public service officer". 22 "public sector unit" see Public Service Act 1996, section 20. 23

 


 

80 Public Service SCHEDULE 2 (continued) "public service" see Public Service Act 1996, schedule 3.39 1 "public service employee" see Public Service Act 1996, section 9. 2 "public service office" see Public Service Act 1996, section 17. 3 "public service officer" see Public Service Act 1996, section 8.'. 4 GENT-GENERAL FOR QUEENSLAND ACT 1975 5 A 1. After section 7-- 6 insert-- 7 `Agent-general appointed under this Act 8 `8. The agent-general is to be appointed under this Act, and not under the 9 Public Service Act 1996.'. 10 MBULANCE SERVICE ACT 1991 11 A 1. Section 13(2), `consistent with standards issued by the Public 12 Sector Management Commission,'-- 13 omit. 14 2. Section 15-- 15 omit, insert-- 16 `Officers employed under this Act 17 `15. Officers of the ambulance service are to be employed under this Act, 18 and not under the Public Service Act 1996.'. 19 39 Schedule 3 (Dictionary)

 


 

81 Public Service SCHEDULE 2 (continued) NTI-DISCRIMINATION ACT 1991 1 A 1. Section 106A(2)(c)-- 2 omit, insert-- 3 `(c) a policy, standard or other instrument of a previous unit of the 4 public sector applying to an employee of the unit.'. 5 2. Section 106A-- 6 insert-- 7 `(4) In this section-- 8 "previous unit of the public sector" means an entity that was a unit of the 9 public sector on 30 June 1994 under the repealed Public Sector 10 Management Commission Act 1990.'. 11 3. Section 238(3)-- 12 omit, insert-- 13 `(3) The commissioner is to be appointed under this Act, and not under 14 the Public Service Act 1996.'. 15 4. Section 240, `an officer of the public service within the meaning of 16 the Public Service Management and Employment Act 1988'-- 17 omit, insert-- 18 `a public service officer'. 19 5. Section 240, `as an officer of the public service'-- 20 omit, insert-- 21 `as a public service officer'. 22

 


 

82 Public Service SCHEDULE 2 (continued) 6. Section 246(1), `appointed under the Public Service Management 1 and Employment Act 1988'-- 2 omit, insert-- 3 `employed under the Public Service Act 1996'. 4 7. Section 246(2)-- 5 omit. 6 8. Section 250(5)-- 7 omit. 8 9. Section 257(1), `appointed under the Public Service Management 9 and Employment Act 1988'-- 10 omit, insert-- 11 `employed under the Public Service Act 1996'. 12 10. Section 268(6), definition "previous public sector policy"-- 13 omit. 14 11. Section 268(6)-- 15 insert-- 16 ` "previous public sector policy" means a policy, standard or other 17 instrument of a previous public sector unit that applied on 18 30 June 1994 to an employee of the unit. 19 "previous public sector unit" means an entity that was a unit of the public 20 sector on 30 June 1994 under the repealed Public Sector Management 21 Commission Act 1990.'. 22

 


 

83 Public Service SCHEDULE 2 (continued) PPEAL COSTS FUND ACT 1973 1 A 1. Section 6(8)-- 2 omit. 3 2. Section 6(9)-- 4 renumber as section 6(8). 5 3. Section 9(2)-- 6 omit. 7 4. Section 9(3)-- 8 renumber as section 9(2). 9 AUSTRALIAN FINANCIAL INSTITUTIONS 10 COMMISSION CODE 11 1. Section 69(3)-- 12 omit, insert-- 13 `(3) The members are to be appointed under this Code, and not under the 14 Public Service Act 1996 of Queensland.'. 15 2. Section 111(2)-- 16 omit, insert-- 17 `(2) The Appeal Tribunal's employees are to be employed under this 18 Code, and not under the Public Service Act 1996 of Queensland.'. 19

 


 

84 Public Service SCHEDULE 2 (continued) 3. Section 133-- 1 omit, insert-- 2 `Directors appointed under Code 3 `133. A director is to be appointed under this Code, and not under the 4 Public Service Act 1996 of Queensland.'. 5 4. Section 144-- 6 omit, insert-- 7 `Executive director appointed under Code 8 `144. The executive director is to be appointed under this Code, and not 9 under the Public Service Act 1996 of Queensland.'. 10 5. Section 153(2)-- 11 omit, insert-- 12 `(2) AFIC's employees are to be employed under this Code, and not 13 under the Public Service Act 1996 of Queensland.'. 14 BANANA INDUSTRY PROTECTION ACT 1989 15 1. Sections 13(2)(a) and 26(2), `Public Service Management and 16 Employment Act 1988'-- 17 omit, insert-- 18 `Public Service Act 1996'. 19

 


 

85 Public Service SCHEDULE 2 (continued) BUILDING AND CONSTRUCTION INDUSTRY 1 (PORTABLE LONG SERVICE LEAVE) ACT 1991 2 1. Section 3, definition "public sector employee"-- 3 omit. 4 2. Section 26-- 5 omit, insert-- 6 `General manager and staff employed under Public Service Act 7 `26. The general manager and staff of the authority are to be employed 8 under the Public Service Act 1996.'. 9 3. Section 31, `sector'-- 10 omit, insert-- 11 `service'. 12 UILDING UNITS AND GROUP TITLES ACT 1980 13 B 1. Section 69-- 14 omit, insert-- 15 `Referees and other officers employed under Public Service Act 16 `69. Referees, and officers necessary to assist them, are to be employed 17 under the Public Service Act 1996.'. 18 2. Section 70-- 19 omit, insert-- 20

 


 

86 Public Service SCHEDULE 2 (continued) `Referee may delegate 1 `70. A referee may delegate the referee's powers under this Act to a 2 public service employee.'. 3 USINESS NAMES ACT 1962 4 B 1. Section 4-- 5 omit, insert-- 6 `Registrar and other staff 7 `4.(1) A registrar of business names is to be employed under the Public 8 Service Act 1996. 9 `(2) Deputy registrars of business names may be employed under the 10 Public Service Act 1996. 11 `(3) A deputy registrar may exercise the powers of the registrar.' 12 CHARITABLE FUNDS ACT 1958 13 1. Section 4(2) to (2B)-- 14 omit, insert-- 15 `(2) A certifying officer may be a public service employee.'. 16 HEMICAL USAGE (AGRICULTURAL AND 17 C VETERINARY) CONTROL ACT 1988 18 1. Section 4B, `appointed under the Public Service Management and 19 Employment Act 1988'-- 20 omit, insert-- 21 `employed under the Public Service Act 1996'. 22

 


 

87 Public Service SCHEDULE 2 (continued) HIROPRACTORS AND OSTEOPATHS ACT 1979 1 C 1. Section 15-- 2 omit, insert-- 3 `Registrar and other officers employed under Public Service Act 4 `15. The registrar and other officers of the board are to be employed 5 under the Public Service Act 1996.'. 6 ITY OF BRISBANE MARKET ACT 1960 7 C 1. Section 27-- 8 omit, insert-- 9 `Authority's employees employed under this Act 10 `27. The authority's employees are employed under this Act, and not 11 under the Public Service Act 1996.'. 12 LASSIFICATION OF COMPUTER GAMES AND 13 C IMAGES (INTERIM) ACT 1995 14 1. Schedule 2, definition "computer games classification officer", 15 `Public Service Management and Employment Act 1988'-- 16 omit, insert-- 17 `Public Service Act 1996.'. 18

 


 

88 Public Service SCHEDULE 2 (continued) LASSIFICATION OF FILMS ACT 1991 1 C 1. Section 6(1)-- 2 omit, insert-- 3 `6.(1) If an agreement under section 5 is not in force, a censor, appeal 4 censor and 1 or more deputies of the censor and appeal censor are to be 5 employed under the Public Service Act 1996.'. 6 OAL INDUSTRY CONTROL ACT 1948 7 C 1. Section 15(1) and (2)-- 8 omit, insert-- 9 `15.(1) A secretary and other officers of the board are to be employed 10 under this Act, and not under the Public Service Act 1996. 11 `(2) The board may decide the terms of employment of its secretary and 12 other officers. 13 `(2A) However, subsection (2) has effect subject to any relevant award 14 or industrial agreement.'. 15 2. Section 15(3), `Public Service Management and Employment Act 16 1988'-- 17 omit, insert-- 18 `Public Service Act 1996'. 19 3. Section 15(2A) and (3), as amended-- 20 renumber as section 15(3) and (4). 21

 


 

89 Public Service SCHEDULE 2 (continued) 4. Section 16-- 1 omit. 2 OAL MINING ACT 1925 3 C 1. Section 6(1) and (1B)-- 4 omit, insert-- 5 `6.(1) The chief inspector of coal mines and inspectors, electrical 6 inspectors, mechanical inspectors and other officers necessary for this Act, 7 are to be employed under the Public Service Act 1996.'. 8 OLLECTIONS ACT 1966 9 C 1. Section 7(2) and (3)-- 10 omit, insert-- 11 `(2) Inspectors and other officers necessary for this Act are to be 12 employed under the Public Service Act 1996.'. 13 COMMUNITY SERVICES (ABORIGINES) ACT 1984 14 1. Section 58(3), `appointed to the secretary's position under the 15 Public Service Management and Employment Act 1988'-- 16 omit, insert-- 17 `employed under the Public Service Act 1996'. 18

 


 

90 Public Service SCHEDULE 2 (continued) COMMUNITY SERVICES (TORRES STRAIT) ACT 1 1984 2 1. Section 56(3), `appointed to the secretary's position under the 3 Public Service Management and Employment Act 1988'-- 4 omit, insert-- 5 `employed under the Public Service Act 1996'. 6 COOPERATIVE AND OTHER SOCIETIES ACT 1967 7 1. Section 6(3)-- 8 omit, insert-- 9 `(3) The registrar is to be employed under the Public Service Act 1996.'. 10 2. Section 102(7A)-- 11 omit, insert-- 12 `(7A) A person (other than a public service officer) appointed as an 13 inspector is to be employed under this Act, and not under the Public Service 14 Act 1996.'. 15 3. Section 103(1B)-- 16 omit, insert-- 17 `(1B) A person (other than a public service officer) appointed as an 18 inspector is to be employed under this Act, and not under the Public Service 19 Act 1996.'. 20

 


 

91 Public Service SCHEDULE 2 (continued) CORONERS ACT 1958 1 1. Section 6(1)(b), `an officer of the public service as defined by the 2 Public Service Management and Employment Act 1988'-- 3 omit, insert-- 4 `public service officer'. 5 ORRECTIVE SERVICES (ADMINISTRATION) ACT 6 C 1988 7 1. Section 9(4)-- 8 omit. 9 CRIMINAL JUSTICE ACT 1989 10 1. Section 64(4)-- 11 omit, insert-- 12 `(4) The executive director, directors and other staff are to be employed 13 under this Act, and not under the Public Service Act 1996.'. 14 CROWN EMPLOYEES ACT 1958 15 1. Section 2, definition "service", `Public Service Management and 16 Employment Act 1988'-- 17 omit, insert-- 18 `Public Service Act 1996'. 19

 


 

92 Public Service SCHEDULE 2 (continued) 2. Section 3(1A), (3) and (4)-- 1 omit, insert-- 2 `(2) The reappointment may be to the service under the Crown from 3 which the person resigned as mentioned in subsection (1) or to any other 4 service under the Crown having the same or a lower classification level, 5 rank or grade. 6 `(3) A person to whom this Act applies may be reappointed despite the 7 person's age. 8 `(4) However, if the person is mentally or physically incapable of 9 performing the duties of any service under the Crown, the person must not 10 be reappointed.'. 11 3. Section 5(a), `Public Service Management and Employment Act 12 1988'-- 13 omit, insert-- 14 `Public Service Act 1996'. 15 DENTAL ACT 1971 16 1. Section 7(4)-- 17 omit. 18 2. Section 15-- 19 omit, insert-- 20 `Registrar and other officers employed under Public Service Act 21 `15. The registrar and other officers of the board are to be employed 22 under the Public Service Act 1996.'. 23

 


 

93 Public Service SCHEDULE 2 (continued) ENTAL TECHNICIANS AND DENTAL 1 D PROSTHETISTS ACT 1991 2 1. Section 19-- 3 omit, insert-- 4 `Registrar and other officers employed under Public Service Act 5 `19. The registrar and other officers of the board are to be employed 6 under the Public Service Act 1996.'. 7 IRECTOR OF PUBLIC PROSECUTIONS ACT 1984 8 D 1. Section 5(2)(d)-- 9 omit. 10 2. Section 5-- 11 insert-- 12 `(3) The director is to be appointed under this Act, and not under the 13 Public Service Act 1996.'. 14 3. Section 19(1)(d)-- 15 omit. 16 4. Section 19(2)-- 17 renumber as section 19(3). 18 5. Section 19-- 19 insert-- 20

 


 

94 Public Service SCHEDULE 2 (continued) `(2) The deputy director is to be appointed under this Act, and not under 1 the Public Service Act 1996.'. 2 6. Sections 20(2), 23(2) and 30, `Public Service Management and 3 Employment Act 1988'-- 4 omit, insert-- 5 `Public Service Act 1996'. 6 7. Section 32(1), from `Public' to `in respect of'-- 7 omit, insert-- 8 `Public Service Act 1996 for'. 9 DISABILITY SERVICES ACT 1992 10 1. Section 3(b), `units of the public sector'-- 11 omit, insert-- 12 `public sector units'. 13 2. Section 6(1)(b)(i)-- 14 omit, insert-- 15 `(i) a public sector unit; and'. 16 3. Section 6(1)(b)(iv), `unit of the public sector'-- 17 omit, insert-- 18 `a public sector unit'. 19

 


 

95 Public Service SCHEDULE 2 (continued) 4. Section 13(2), `Units of the public sector'-- 1 omit, insert-- 2 `Public sector units'. 3 ISPUTE RESOLUTION CENTRES ACT 1990 4 D 1. Section 15-- 5 omit. 6 2. Section 20(1)-- 7 omit, insert-- 8 `20.(1) The director and staff of a dispute resolution centre (other than a 9 mediator accredited under section 19) are to be employed under the Public 10 Service Act 1996.'. 11 3. Section 26, `Public Service Management and Employment Act 12 1988'-- 13 omit, insert-- 14 `Public Service Act 1996'. 15 DUCATION (SENIOR SECONDARY SCHOOL 16 E STUDIES) ACT 1988 17 1. Section 33(1)-- 18 omit, insert-- 19 `33.(1) The executive officer and other officers of the board are to be 20 employed under the Public Service Act 1996.'. 21

 


 

96 Public Service SCHEDULE 2 (continued) 2. Section 33(2) and (3)-- 1 omit. 2 3. Section 33(1A)-- 3 renumber as section 33(2). 4 EDUCATION (TEACHER REGISTRATION) ACT 1988 5 1. Section 31(1)-- 6 omit, insert-- 7 `31.(1) The executive officer and other officers of the board are to be 8 employed under the Public Service Act 1996.'. 9 2. Section 31(2) and (3)-- 10 omit. 11 3. Section 31(1A)-- 12 renumber as section 31(2). 13 GG INDUSTRY (RESTRUCTURING) ACT 1993 14 E 1. Section 28(1)(c)-- 15 omit. 16 2. Section 28(1)(d) and (e)-- 17 renumber as section 28(1)(c) and (d). 18

 


 

97 Public Service SCHEDULE 2 (continued) 3. Section 68(1)(c)-- 1 omit. 2 4. Section 68(1)(d) and (e)-- 3 renumber as section 68(1)(c) and (d). 4 LECTORAL ACT 1992 5 E 1. Section 10(5)-- 6 omit, insert-- 7 `(5) An appointed commissioner is to be appointed under this Act, and 8 not under the Public Service Act 1996.'. 9 2. Section 20-- 10 omit, insert-- 11 `Electoral officer accountable officer 12 `20. For the Financial Administration and Audit Act 1977, the electoral 13 commissioner is the accountable officer of the commission.'. 14 3. Section 23(6)-- 15 omit, insert-- 16 `(6) A senior electoral officer is to be appointed under this Act, and not 17 under the Public Service Act 1996.'. 18 4. Section 30(2), `appointed under the Public Service Management and 19 Employment Act 1988'-- 20 omit, insert-- 21 `employed under the Public Service Act 1996'. 22

 


 

98 Public Service SCHEDULE 2 (continued) 5. Section 30(5)-- 1 omit. 2 EQUAL OPPORTUNITY IN PUBLIC EMPLOYMENT 3 ACT 1992 4 1. Section 3, definitions "agency", "chief executive", "Commissioner 5 for Public Sector Equity", "department", "Police Service", "Public 6 Sector Management Commission", "reporting period" and "unit of 7 the public sector"-- 8 omit. 9 2. Section 3-- 10 insert-- 11 ` "agency" includes-- 12 (a) a public sector unit; and 13 (b) the police service; and 14 (c) an entity prescribed under a regulation; 15 but does not include an agency exempted under section 25.40 16 "reporting period", for a report, means-- 17 (a) the financial year before the making of the report; or 18 (b) if the public service commissioner authorises a different period 19 under section 14(5)41--the authorised period.'. 20 40 Section 25 (Agency may be granted exemption) 41 Section 14 (Agency to give annual implementation and forward planning report)

 


 

99 Public Service SCHEDULE 2 (continued) 3. Section 9-- 1 omit, insert-- 2 `Agency to give EEO management plan to public service commissioner 3 `9. An entity that becomes an agency must give a copy of its EEO 4 management plan to the public service commissioner within 1 year of 5 becoming an agency or the longer period the commissioner allows.'. 6 4. Sections 10, 11 and 14(1) and (5), `Commissioner for Public Sector 7 Equity'-- 8 omit, insert-- 9 `public service commissioner'. 10 5. Part 3, division 5, subdivision A, heading, `commissioner'-- 11 omit, insert-- 12 `public service commissioner'. 13 6. Sections 15, 16(b), 17, 20(a), 22(a) and 25(1), `Commissioner for 14 Public Sector Equity'-- 15 omit, insert-- 16 `public service commissioner'. 17 7. Section 25(2) and (3), `for Public Sector Equity'-- 18 omit. 19 8. Section 26-- 20 omit, insert-- 21 `Delegation by public service commissioner 22 `26.(1) The public service commissioner may delegate the 23

 


 

100 Public Service SCHEDULE 2 (continued) commissioner's powers under this Act to an employee of the office of the 1 public service. 2 `(2) However, the commissioner may not delegate the commissioner's 3 powers under sections 15 and 25.42'. 4 AIR TRADING ACT 1989 5 F 1. Section 19(1), (2) and (3)-- 6 omit, insert-- 7 `19.(1) A commissioner for consumer affairs, assistant commissioners 8 for consumer affairs, inspectors and other officers necessary to assist the 9 commissioner are to be appointed under the Public Service Act 1996.'. 10 2. Section 19(4) and (5)-- 11 renumber as subsections (2) and (3). 12 3. Section 109(3), `Public Service Management and Employment Act 13 1988'-- 14 omit, insert-- 15 `Public Service Act 1996'. 16 42 Section 15 (Commissioner may take action if dissatisfied with EEO management plan) Section 25 (Agency may be granted exemption)

 


 

101 Public Service SCHEDULE 2 (continued) FARM PRODUCE MARKETING ACT 1964 1 1. Section 6-- 2 omit, insert-- 3 `Registrar and deputy registrar employed under Public Service Act 4 `6.(1) The registrar of farm produce commercial sellers is to be 5 employed under the Public Service Act 1996. 6 `(2) A deputy registrar may be employed under the Public Service Act 7 1996.'. 8 FINANCIAL ADMINISTRATION AND AUDIT ACT 9 1977 10 1. Section 5(1), definition "permanent head"-- 11 omit. 12 2. Section 5(1), definition "accountable officer", `Public Service 13 Management and Employment Act 1988'-- 14 insert-- 15 `Public Service Act 1996'. 16 3. Section 35(1), `within the meaning of the Public Service 17 Management and Employment Act 1988'-- 18 omit, insert-- 19 `under the Public Service Act 1996'. 20

 


 

102 Public Service SCHEDULE 2 (continued) 4. Section 35(2), `department'-- 1 omit, insert-- 2 `public sector unit'. 3 5. Section 49(2)-- 4 omit, insert-- 5 `(2) Subsection (1) has effect despite the Public Service Act 1996.'. 6 6. Section 52(2), `within the meaning of the Public Service 7 Management and Employment Act 1988'-- 8 omit, insert-- 9 `under the Public Service Act 1996'. 10 7. Section 60-- 11 omit, insert-- 12 `Deputy auditor-general employed under Public Service Act 13 `60. The deputy auditor-general is to be employed under the Public 14 Service Act 1996.'. 15 8. Section 62(2)-- 16 omit, insert-- 17 `(2) Subsection (1) has effect despite the Public Service Act 1996.'. 18 9. Section 63-- 19 omit, insert-- 20 `Staff employed under Public Service Act 21 `63. The staff of the audit office are to be employed under the Public 22 Service Act 1996.'. 23

 


 

103 Public Service SCHEDULE 2 (continued) 10. Section 64-- 1 omit. 2 11. Section 65(2)-- 3 omit, insert-- 4 `(2) Subsection (1) has effect despite the Public Service Act 1996.'. 5 12. Sections 70 and 71-- 6 omit, insert-- 7 `Rulings under Public Service Act 8 `70.(1) The industrial relations Minister or Public Service Commissioner 9 may issue a directive or guideline under the Public Service Act 1996 that 10 applies specifically to the audit office (whether or not it also applies to other 11 public sector units) only with the auditor-general's approval. 12 `(2) Subsection (1) does not apply to a directive or guideline that applies 13 generally to all public sector units. 14 `Reviews under Public Service Act 15 `71.(1) A management review may be conducted under the Public 16 Service Act 1996 in relation to the audit office only at the auditor-general's 17 request. 18 `(2) Subsection (1) has effect despite the Public Service Act 1996.'. 19 13. Section 75(2), `Public Service Management and Employment Act 20 1988'-- 21 omit, insert-- 22 `Public Service Act 1996'. 23

 


 

104 Public Service SCHEDULE 2 (continued) IRE SERVICE ACT 1990 1 F 1. Section 9(4)-- 2 omit, insert-- 3 `(4) The commissioner is to be appointed under this Act, and not under 4 the Public Service Act 1996.'. 5 2. Section 25A-- 6 omit, insert-- 7 `Fire service officers employed under this Act 8 `25A. Fire service officers are to be employed under this Act, and not 9 under the Public Service Act 1996.'. 10 3. Section 31(a), `under the Public Sector Management Commission 11 Act 1990'-- 12 omit. 13 4. Section 31(b), `under that Act'-- 14 omit. 15 5. Section 41(4), `upon being appointed as an officer of the public 16 service under the Public Service Management and Employment Act 17 1988'-- 18 omit, insert-- 19 `on being employed as a public service officer'. 20

 


 

105 Public Service SCHEDULE 2 (continued) FORESTRY ACT 1959 1 1. Section 22F-- 2 omit. 3 REEDOM OF INFORMATION ACT 1992 4 F 1. Section 61(3)-- 5 omit, insert-- 6 `(3) The information commissioner is appointed under this Act, and not 7 under the Public Service Act 1996.'. 8 2. Section 70(2)-- 9 omit, insert-- 10 `(2) The staff of the information commissioner are employed under this 11 Act, and not under the Public Service Act 1996.'. 12 UNERAL BENEFIT BUSINESS ACT 1982 13 F 1. Section 6-- 14 omit, insert-- 15 `Registrar 16 `6. A registrar of funeral benefit business may be employed under the 17 Public Service Act 1996.'. 18

 


 

106 Public Service SCHEDULE 2 (continued) AMING MACHINE ACT 1991 1 G 1. Section 26(1) and (2)-- 2 omit, insert-- 3 `26.(1) The director, deputy director and inspectors necessary for this Act 4 are to be employed under the Public Service Act 1996.'. 5 2. Section 26(4)-- 6 omit. 7 3. Section 27(2)-- 8 omit, insert-- 9 `(2) The persons are to be employed under this Act, and not under the 10 Public Service Act 1996.'. 11 OVERNMENT OWNED CORPORATIONS ACT 1993 12 G 1. Section 166(3)-- 13 omit, insert-- 14 `(3) The employees of a statutory GOC are not to be employed under the 15 Public Service Act 1996.'. 16 2. Section 167-- 17 omit, insert-- 18 `Employees not employed under Public Service Act 19 `167. The employees of a company GOC are not to be employed under 20 the Public Service Act 1996.'. 21

 


 

107 Public Service SCHEDULE 2 (continued) 3. Section 170, `unit of the public sector for the purposes of'-- 1 omit, insert-- 2 `public sector unit for'. 3 4. Section 171(7)(a)-- 4 omit, insert-- 5 `(a) the office of the public service; and'. 6 RAIN INDUSTRY (RESTRUCTURING) ACT 1991 7 G 1. Section 14(1)(e)-- 8 omit. 9 GRAIN RESEARCH FOUNDATION ACT 1976 10 1. Section 13(2), `an officer of the public service, within the meaning of 11 the Public Service Management and Employment Act 1988'-- 12 omit, insert-- 13 `a public service employee'. 14 2. Section 13(2), `that officer'-- 15 omit, insert-- 16 `the employee'. 17

 


 

108 Public Service SCHEDULE 2 (continued) 3. Section 17(4), `an officer of the public service, within the meaning of 1 the Public Service Management and Employment Act 1988'-- 2 omit, insert-- 3 `a public service employee'. 4 4. Section 17(4), `that officer'-- 5 omit, insert-- 6 `the employee'. 7 EALTH RIGHTS COMMISSION ACT 1991 8 H 1. Section 8(a)-- 9 omit. 10 2. Section 8(b) and (c)-- 11 renumber as section 8(a) and (b). 12 3. Section 14(2)-- 13 omit, insert-- 14 `(2) The commissioner is to be appointed under this Act, and not under 15 the Public Service Act 1996.'. 16 4. Section 22-- 17 omit, insert-- 18 `Commission officers employed under Public Service Act 19 `22. The officers of the commission are to be employed under the Public 20 Service Act 1996.'. 21

 


 

109 Public Service SCHEDULE 2 (continued) 5. Sections 30 and 45-- 1 omit. 2 HEALTH SERVICES ACT 1991 3 1. Section 5-- 4 omit. 5 2. Section 40(1)(e), (2)(d) and (4)-- 6 omit. 7 3. Section 40(3), words after `nature'-- 8 omit. 9 4. Section 53-- 10 omit, insert-- 11 `Regional directors employed under Public Service Act 12 `53. The regional director for each authority is to be employed under the 13 Public Service Act 1996.'. 14 5. Section 58(2)(a) and (b), `, subject to the standards issued from 15 time to time under the Public Sector Management Commission Act 16 1990'-- 17 omit. 18 6. Section 60-- 19 omit. 20

 


 

110 Public Service SCHEDULE 2 (continued) IRE-PURCHASE ACT 1959 1 H 1. Section 44(1) to (4)-- 2 omit, insert-- 3 `44.(1) Inspectors necessary for this Act are to be employed under the 4 Public Service Act 1996.'. 5 INDUSTRIAL DEVELOPMENT ACT 1963 6 1. Section 3(1), definition "director"-- 7 omit, insert-- 8 ` "director" means the person employed under the Public Service Act 1996 9 as the Director of Industrial Development.'. 10 2. Section 4-- 11 omit. 12 INDUSTRIAL RELATIONS ACT 1990 13 1. Section 5, definition "department of government"-- 14 omit. 15 2. Section 79(3)-- 16 renumber as section 79(4). 17 3. Section 79(1) and (2)-- 18 omit, insert-- 19

 


 

111 Public Service SCHEDULE 2 (continued) `79.(1) There is to be an Industrial Registrar. 1 `(2) Assistant Industrial Registrars may also be appointed. 2 `(3) The industrial registrar, assistant industrial registrars and staff of the 3 Industrial Registrar's office are to be employed under the Public Service Act 4 1996.'. 5 4. Section 522(1)-- 6 omit. 7 5. Sections 522(2) and 523(1), `unit of the public sector'-- 8 omit, insert-- 9 `public sector unit'. 10 6. Section 610(1)(c)-- 11 omit, insert-- 12 `(c) a person nominated by the public service commissioner; and'. 13 NTELLECTUALLY DISABLED CITIZENS ACT 1985 14 I 1. Section 4, definition "legal friend"-- 15 omit, insert-- 16 ` "legal friend" means a lawyer employed under the Public Service Act 17 1996 as the legal friend.'. 18

 


 

112 Public Service SCHEDULE 2 (continued) JUDICIAL REVIEW ACT 1991 1 1. Schedule 2, items 8(a)(i) and (b)(i)-- 2 omit. 3 2. Schedule 2, item 8(a)(ii), `by'-- 4 omit, insert-- 5 `under'. 6 3. Schedule 2, item 8(c), `by, or under,'-- 7 omit, insert-- 8 `under'. 9

 


 

113 Public Service SCHEDULE 2 (continued) 4. Schedule 2, item 8-- 1 insert-- 2 `(d) an excluded matter under the Public Service Act 1996.43'. 3 5. Schedule 2, item 8(a)(ii) and (iii), as amended-- 4 renumber as item 8(a)(i) and (ii). 5 6. Schedule 2, item 8(b)(ii) and (iii)-- 6 renumber as item 8(b)(i) and (ii). 7 JUSTICES ACT 1886 8 1. Section 98B, definition "SETONS clerk"-- 9 omit, insert-- 10 ` "SETONS clerk" means the person employed under the Public Service 11 Act 1996 as SETONS clerk.'. 12 43 For the definition of "excluded matter" see the Public Service Act 1996, section 116(1). Excluded matter is defined as follows-- "excluded matter" means-- (a) a decision to appoint, or not to appoint, a person under this Act or as a statutory office holder; or (b) the contract of employment of, or the application of this Act or a provision of this Act to-- (i) the commissioner; or (ii) a chief executive or other senior executive; or (iii) a senior officer; or (iv) another officer whose employment is on contract for a fixed term; or (c) a decision to take or not to take action, if the decision results from the policy, strategy, nature, scope, resourcing or direction of the public service or a department; or (d) the removal of a statutory office holder under this Act.

 


 

114 Public Service SCHEDULE 2 (continued) JUSTICES OF THE PEACE AND COMMISSIONERS 1 FOR DECLARATIONS ACT 1991 2 1. Sections 11 and 12-- 3 omit, insert-- 4 `Registrar of justices of the peace and commissioners for declarations 5 `11. A registrar of justices of the peace and commissioners for 6 declarations is to be employed under the Public Service Act 1996.'. 7 `Deputy registrars 8 `12.(1) Deputy registrars of justices of the peace and commissioners for 9 declarations may be employed under the Public Service Act 1996. 10 `(2) A deputy registrar may exercise the powers of the registrar.'. 11 AND TAX ACT 1915 12 L 1. Section 4-- 13 omit, insert-- 14 `Commissioner, assistant commissioners, assessors and receivers 15 `4.(1) The commissioner of land tax and assistant commissioner of land 16 tax are to be appointed under the Public Service Act 1996. 17 `(2) Assessors and receivers may be employed under the Public Service 18 Act 1996.'. 19

 


 

115 Public Service SCHEDULE 2 (continued) LAND TITLE ACT 1994 1 1. Section 6(3)-- 2 omit, insert-- 3 `(3) The registrar is to be employed under the Public Service Act 1996.'. 4 LAW COURTS AND STATE BUILDINGS 5 PROTECTIVE SECURITY ACT 1983 6 1. Sections 11 and 12-- 7 omit, insert-- 8 `Officers employed under Public Service Act 9 `11. Senior protective security officers, senior protective security officers 10 (in training), and protective security officers are to be employed under the 11 Public Service Act 1996.'. 12 AW REFORM COMMISSION ACT 1968 13 L 1. Section 4(3)-- 14 omit, insert-- 15 `(3) A member is to be appointed under this Act, and not under the 16 Public Service Act 1996.'. 17 2. Section 14, `appointed under the Public Service Management and 18 Employment Act 1988'-- 19 omit, insert-- 20 `employed under the Public Service Act 1996'. 21

 


 

116 Public Service SCHEDULE 2 (continued) EGAL AID ACT 1978 1 L 1. Section 7(4)(a)-- 2 omit. 3 2. Section 7(4)(b) and (c)-- 4 renumber as section 7(4)(a) and (b). 5 3. Section 62(2)-- 6 omit, insert-- 7 `(2) An officer of the commission is to be employed under this Act, and 8 not under the Public Service Act 1996.'. 9 LEGAL PRACTITIONERS ACT 1995 10 1. Section 58(6)(a), `within the meaning of the Public Service 11 Management and Employment Act 1988'-- 12 omit, insert-- 13 `under the Public Service Act 1996.'. 14

 


 

117 Public Service SCHEDULE 2 (continued) LEGISLATIVE STANDARDS ACT 1992 1 1. Section 2-- 2 insert-- 3 ` "government entity" see Public Service Act 1996, section 21.44 4 2. Section 7(a), `units of the public sector other than departments'-- 5 omit, insert-- 6 `government entities other than departments and public service offices'. 7 3. Section 7(g) and (i), `units of the public sector'-- 8 omit, insert-- 9 `government entities'. 10 4. Section 11(1), `appointed under the Public Service Management and 11 Employment Act 1988'-- 12 omit, insert-- 13 `employed under the Public Service Act 1996'. 14 44 The Public Service Act 1996 defines "government entity" as follows-- What is a "government entity" 21. An entity is a "government entity" if it is-- (a) a department or a part of a department; or (b) a public service office or part of a public service office; or (c) an agency, authority, commission, corporation, instrumentality, office, or other entity, established under an Act or under State authorisation for a public or State purpose; or (d) a part of an entity mentioned in paragraph (c); or (e) another entity, or a part of another entity, declared under a regulation to be a government entity.

 


 

118 Public Service SCHEDULE 2 (continued) 5. Section 11(2)-- 1 omit. 2 6. Section 14(4)-- 3 omit, insert-- 4 `(4) The parliamentary counsel is to be appointed under this Act, and not 5 under the Public Service Act 1996.'. 6 LIBRARIES AND ARCHIVES ACT 1988 7 1. Section 5(1)-- 8 insert-- 9 ` "director" means the Director and State Librarian.'. 10 2. Section 17-- 11 omit. 12 3. Section 19-- 13 omit, insert-- 14 `Director and State librarian and other officers 15 `19.(1) There is to be a Director and State Librarian (the "director") who 16 is to be appointed by the Governor in Council. 17 `(2) Subject to the directions of the board or Minister, the director is 18 responsible for the administration and management of the State library and 19 the services provided in conjunction with it. 20 `(3) Unless the Governor in Council otherwise decides, the director is to 21 be employed under the Public Service Act 1996. 22 `(4) Other officers are to be employed under the Public Service Act 1996. 23

 


 

119 Public Service SCHEDULE 2 (continued) `Employees 1 `19A.(1) The director may also, with the board's approval, employ the 2 persons the director considers necessary. 3 `(2) The board may decide its employees' terms of employment. 4 `(3) However, subsection (2) has effect subject to any relevant award or 5 industrial agreement. 6 `(4) The employees are employed under this Act, and not under the 7 Public Service Act 1996.'. 8 4. Section 20, `and State librarian'-- 9 omit. 10 5. Section 51(2)(a)-- 11 omit, insert-- 12 `(a) is to be employed under the Public Service Act 1996; and'. 13 LIQUOR ACT 1992 14 1. Section 42(1), `officer of a unit of the public sector'-- 15 omit, insert-- 16 `officer or employee of a public sector unit'. 17

 


 

120 Public Service SCHEDULE 2 (continued) LOAN FUND COMPANIES ACT 1982 1 1. Section 5-- 2 omit, insert-- 3 `Supervisor 4 `5.(1) The supervisor of loan fund companies is to be employed under 5 the Public Service Act 1996. 6 `(2) The supervisor has a seal of office.'. 7 OCAL GOVERNMENT ACT 1993 8 L 1. Section 93(7)-- 9 omit, insert-- 10 `(7) The commissioner and deputy commissioner are appointed under 11 this Act, and not under the Public Service Act 1996.'. 12 LOTTERIES ACT 1994 13 1. Section 45(2)-- 14 omit. 15 2. After section 45-- 16 insert-- 17 `Corporation's employees employed under this Act 18 `45A. The corporation's employees are to be employed under this Act, 19 and not under the Public Service Act 1996.'. 20

 


 

121 Public Service SCHEDULE 2 (continued) MAINTENANCE ACT 1965 1 1. Section 68(1) and (2)-- 2 omit, insert-- 3 `68.(1) A collector of maintenance, deputy collector of maintenance, 4 assistant collectors of maintenance and other officers necessary for this part 5 are to be employed under the Public Service Act 1996.'. 6 2. Section 68(3) and (4)-- 7 renumber as subsections (2) and (3). 8 MEDICAL ACT AND OTHER ACTS 9 (ADMINISTRATION) ACT 1966 10 1. Section 4A-- 11 omit, insert-- 12 `Appointment of registrar 13 `4A.(1) The Governor in Council may appoint a public service employee 14 to be the registrar of 1 or more boards. 15 `(2) The registration Acts have effect subject to subsection (1).'. 16 2. Sections 12 and 13-- 17 omit, insert-- 18 `Appointing inspectors 19 `12.(1) The chief executive may appoint a public service employee as an 20 inspector. 21 `(2) The chief executive may appoint a public service employee as an 22

 


 

122 Public Service SCHEDULE 2 (continued) inspector only if the chief executive is satisfied the person has the necessary 1 expertise or experience.'. 2 ENTAL HEALTH ACT 1974 3 M 1. Section 14(12) and (13)-- 4 omit. 5 INERAL RESOURCES ACT 1989 6 M 1. Section 336(1)-- 7 omit, insert-- 8 `336.(1) The mining registrars, field officers and other officers necessary 9 for this Act, and any other Act about mining, are to be employed under the 10 Public Service Act 1996.'. 11 2. Section 345(2)-- 12 omit, insert-- 13 `(2) A mining warden is to be appointed under this Act, and not under 14 the Public Service Act 1996.'. 15 3. Section 348(2)-- 16 omit, insert-- 17 `(2) An acting mining warden is to be appointed under this Act, and not 18 under the Public Service Act 1996.'. 19 4. Section 411(3)-- 20 omit. 21

 


 

123 Public Service SCHEDULE 2 (continued) INES REGULATION ACT 1964 1 M 1. Section 8(1) to (2A)-- 2 omit, insert-- 3 `8.(1) The chief inspector of mines, assistant chief inspectors of mines, 4 and inspectors, electrical inspectors, mechanical inspectors and other 5 officers necessary for this Act, are to be employed under the Public Service 6 Act 1996.'. 7 2. Section 8(3)-- 8 renumber as section 8(2). 9 MOTOR ACCIDENT INSURANCE ACT 1994 10 1. Section 7(2), `appointed under the Public Service Management and 11 Employment Act 1988'-- 12 omit, insert-- 13 `employed under the Public Service Act 1996.'. 14 OTOR VEHICLES SAFETY ACT 1980 15 M 1. Section 9(1), `unit of the public sector'-- 16 omit, insert-- 17 `public sector unit'. 18

 


 

124 Public Service SCHEDULE 2 (continued) OTOR VEHICLES SECURITIES ACT 1986 1 M 1. Section 31, `an officer or employee under the Public Service 2 Management and Employment Act 1988'-- 3 omit, insert-- 4 `a public service employee'. 5 NOISE ABATEMENT ACT 1978 6 1. Section 52-- 7 omit, insert-- 8 `Officers 9 `52. Inspectors and other officers necessary for this Act are to be 10 employed under the Public Service Act 1996.'. 11 NURSING ACT 1992 12 1. Section 30(1) and (3)(a) and (b), `unit of the public sector'-- 13 omit, insert-- 14 `public sector unit'. 15 2. Section 39(2), `Public Service Management and Employment Act 16 1988'-- 17 omit, insert-- 18 `Public Service Act 1996'. 19

 


 

125 Public Service SCHEDULE 2 (continued) 3. Section 39(3)-- 1 omit, insert-- 2 `(3) The council's employees are to be employed under this Act, and not 3 under the Public Service Act 1996.'. 4 CCUPATIONAL THERAPISTS ACT 1979 5 O 1. Section 15-- 6 omit, insert-- 7 `Registrar and other officers employed under Public Service Act 8 `15. The registrar and other officers of the board are to be employed 9 under the Public Service Act 1996.'. 10 PTOMETRISTS ACT 1974 11 O 1. Section 16-- 12 omit, insert-- 13 `Registrar and other officers employed under Public Service Act 14 `16. The registrar and other officers of the board are to be employed 15 under the Public Service Act 1996.'. 16 ARLIAMENTARY COMMISSIONER ACT 1974 17 P 1. Section 7(5), `Public Service Management and Employment Act 18 1988'-- 19 omit, insert-- 20 `Public Service Act 1996.'. 21

 


 

126 Public Service SCHEDULE 2 (continued) 2. Section 8(2) to (4)-- 1 omit, insert-- 2 `(2) The Public Service Act 1996 does not apply to the office of acting 3 commissioner.'. 4 3. Section 8(5) and (6)-- 5 renumber as section 8(3) and (4). 6 4. Section 10, heading, `Staff'-- 7 omit, insert-- 8 `Officers'. 9 5. Section 10(1)-- 10 omit, insert-- 11 `10.(1) The commissioner may employ the officers the commissioner 12 considers necessary for this Act.'. 13 6. Section 10(2), `Public Service Management and Employment Act 14 1988'-- 15 omit, insert-- 16 `Public Service Act 1996'. 17 7. Section 10(6) to (13)-- 18 omit. 19

 


 

127 Public Service SCHEDULE 2 (continued) 8. After section 10-- 1 insert-- 2 `Preservation of rights 3 `10A.(1) If a person who is a public service officer becomes an officer of 4 the commissioner, the person is entitled to the person's existing and 5 accruing rights as if employment as an officer of the commissioner were a 6 continuation of employment as a public service officer. 7 `(2) If a person who is an officer of the commissioner becomes a public 8 service officer, the person's employment as an officer of the commissioner 9 is taken to be employment of a like nature in the public service for 10 determining the person's rights as a public service officer. 11 `(3) If a person who is an officer of the commissioner was, immediately 12 before appointment as an officer of the commissioner, a public service 13 officer, and the person ceases to be an officer of the commissioner for a 14 reason other than misconduct, the person is entitled to be employed as a 15 public service officer. 16 `(4) The person is to be employed-- 17 (a) at the classification level at which the person would have been 18 employed if the person had continued in employment as a public 19 service officer; and 20 (b) on the remuneration to which the person would have been entitled 21 if the person had continued in employment as a public service 22 officer. 23 `Secondment as officer of commissioner 24 `10B.(1) A public service officer may, on the commissioner's 25 recommendation, be seconded as an officer of the commissioner. 26 `(2) A person seconded under this section is taken to be an officer of the 27 commissioner for the period of the secondment. 28 `(3) While a person is seconded under this section, the Public Service Act 29 1996 does not apply to the person, but the person-- 30

 


 

128 Public Service SCHEDULE 2 (continued) (a) is entitled to the person's existing and accruing rights as if 1 employment as an officer of the commissioner were a 2 continuation of employment as a public service officer; and 3 (b) may apply for and be employed in the public service as if the 4 person were a public service officer. 5 `(4) A person's employment on secondment as an officer of the 6 commissioner is taken to be employment of a like nature in the public 7 service for determining the person's rights as a public service employee. 8 `(5) If the secondment of a person under this section ceases for a reason 9 other than misconduct, the person is entitled to be employed as a public 10 service officer. 11 `(6) The person is entitled to be employed on the same, or a higher, 12 classification level and salary as that which the public service commissioner 13 or another entity prescribed under a regulation considers the person would 14 have attained in the ordinary course of progression if the person had not 15 been seconded. 16 `Temporary and casual employees 17 `10C.(1) The commissioner may employ the temporary and casual 18 employees the commissioner considers necessary for this Act. 19 `(2) The commissioner may decide the employees' terms of 20 employment. 21 `(3) However, subsection (2) has effect subject to any relevant award or 22 industrial agreement. 23 `(4) The Public Service Act 1996 does not apply to an employee of the 24 commissioner.'. 25

 


 

129 Public Service SCHEDULE 2 (continued) ARLIAMENTARY SERVICE ACT 1988 1 P 1. After section 26-- 2 insert-- 3 `Officers and employees employed under this Act 4 `26A. Officers and employees of the parliamentary service are to be 5 employed under this Act, and not under the Public Service Act 1996.'. 6 2. Section 39(2)(a), `Public Service Management and Employment Act 7 1988'-- 8 omit, insert-- 9 `Public Service Act 1996'. 10 ASTORAL WORKERS' ACCOMMODATION ACT 11 P 1980 12 1. Section 21-- 13 omit, insert-- 14 `Inspectors employed under Public Service Act 15 `21. The chief inspector of workers' accommodation and other 16 inspectors necessary for this Act are to be employed under the Public 17 Service Act 1996.'. 18

 


 

130 Public Service SCHEDULE 2 (continued) PHARMACY ACT 1976 1 1. Section 16-- 2 omit, insert-- 3 `Registrar and other officers employed under Public Service Act 4 `16. The registrar and other officers of the board are to be employed 5 under the Public Service Act 1996.'. 6 PHYSIOTHERAPISTS ACT 1964 7 1. Section 14-- 8 omit, insert-- 9 `Registrar and other officers employed under Public Service Act 10 `14. The registrar and officers of the board are to be employed under the 11 Public Service Act 1996.'. 12 LANT PROTECTION ACT 1989 13 P 1. Section 28(1A), `Public Service Management and Employment Act 14 1988'-- 15 omit, insert-- 16 `Public Service Act 1996'. 17

 


 

131 Public Service SCHEDULE 2 (continued) PODIATRISTS ACT 1969 1 1. Section 14-- 2 omit, insert-- 3 `Registrar and other officers employed under Public Service Act 4 `14. The registrar and other officers of the board are to be employed 5 under the Public Service Act 1996.'. 6 OLICE SERVICE ADMINISTRATION ACT 1990 7 P 1. Section 2.5(1)(b)(ii)-- 8 omit, insert-- 9 `(ii) the Public Service Act 1996, part 9.45'. 10 2. Part 2, after section 2.5-- 11 insert-- 12 `Officers etc. employed under this Act 13 `2.5A. The following persons are to be employed under this Act, and not 14 under the Public Service Act 1996-- 15 (a) a police officer, police recruit or special constable; or 16 (b) a staff member mentioned in section 8.3(5).'. 17 45 Public Service Act 1996, part 9 (General and temporary employees)

 


 

132 Public Service SCHEDULE 2 (continued) POLICE SUPERANNUATION ACT 1974 1 1. Section 17-- 2 omit, insert-- 3 `Employment of officers 4 `17.(1) An actuary and other officers necessary for this Act and the 1968 5 Act may be employed. 6 `(2) Unless the Minister otherwise decides, the actuary is to be employed 7 under the Public Service Act 1996. 8 `(3) If the actuary is not to be employed under the Public Service Act 9 1996, the actuary is to be appointed by the Governor in Council and holds 10 office on the terms decided by the Governor in Council. 11 `(4) The other officers are to be employed under the Public Service Act 12 1996.'. 13 PROFITEERING PREVENTION ACT 1948 14 1. Section 10-- 15 omit, insert-- 16 `Prices commissioner employed under Public Service Act 17 `10. A commissioner of prices is to be employed under the Public 18 Service Act 1996.'. 19 2. Section 13-- 20 omit, insert-- 21 `Inspectors and other officers employed under Public Service Act 22 `13. Inspectors and other officers necessary for this Act are to be 23 employed under the Public Service Act 1996.'. 24

 


 

133 Public Service SCHEDULE 2 (continued) SYCHOLOGISTS ACT 1977 1 P 1. Section 15-- 2 omit, insert-- 3 `Registrar and other officers employed under Public Service Act 4 `15. The registrar and other officers of the board are to be employed 5 under the Public Service Act 1996.'. 6 UBLIC SECTOR ETHICS ACT 1994 7 P 1. Section 24(a) and (c), `an officer of the public service'-- 8 omit, insert-- 9 `a public service officer'. 10 2. Section 24(a), `Public Service Management and Employment Act 11 1988 and the Public Sector Management Commission Act 1990'-- 12 omit, insert-- 13 `Public Service Act 1996'. 14 PUBLIC TRUSTEE ACT 1978 15 1. Section 9-- 16 insert-- 17 `(9) The public trustee is to be appointed under this Act, and not under 18 the Public Service Act 1996.'. 19

 


 

134 Public Service SCHEDULE 2 (continued) 2. Section 11(1), `appointed or employed under the Public Service 1 Management and Employment Act 1988'-- 2 omit, insert-- 3 `employed under the Public Service Act 1996'. 4 3. Section 11(2)-- 5 omit. 6 QUEENSLAND ART GALLERY ACT 1987 7 1. Section 16-- 8 omit. 9 2. Section 18(2) and (3), `appointed under the Public Service 10 Management and Employment Act 1988'-- 11 `employed under the Public Service Act 1996'. 12 3. Section 18A-- 13 insert-- 14 `(4) The employees are to be employed under this Act, and not under the 15 Public Service Act 1996.'. 16

 


 

135 Public Service SCHEDULE 2 (continued) QUEENSLAND BUILDING SERVICES AUTHORITY 1 ACT 1991 2 1. Section 76(6)-- 3 omit, insert-- 4 `(6) A member is to be appointed under this Act, and not under the 5 Public Service Act 1996.'. 6 2. Section 78(3)-- 7 omit, insert-- 8 `(3) The tribunal staff are to be employed under the Public Service Act 9 1996.'. 10 QUEENSLAND CULTURAL CENTRE TRUST ACT 11 1976 12 1. Section 23-- 13 insert-- 14 `(6) The director is to be employed under this Act, and not under the 15 Public Service Act 1996.'. 16 2. Section 24-- 17 insert-- 18 `(4) The trust's employees are to be employed under this Act, and not 19 under the Public Service Act 1996.'. 20

 


 

136 Public Service SCHEDULE 2 (continued) UEENSLAND MUSEUM ACT 1970 1 Q 1. Section 15-- 2 omit. 3 2. Section 23A-- 4 omit, insert-- 5 `Director and other officers employed under Public Service Act 6 `23A. The director of the museum and other officers are to be employed 7 under the Public Service Act 1996. 8 `Director's functions and powers 9 `23B. The director has the functions and powers given by the board.'. 10 3. Section 24-- 11 insert-- 12 `(4) The employees are to be employed under this Act, and not under the 13 Public Service Act 1996.'. 14 QUEENSLAND OFFICE OF FINANCIAL 15 SUPERVISION ACT 1992 16 1. Section 27-- 17 omit. 18 2. Sections 39 and 40-- 19 omit, insert-- 20

 


 

137 Public Service SCHEDULE 2 (continued) `Chief executive officer appointed under this Act 1 `39. The chief executive officer is to be appointed under this Act, and not 2 under the Public Service Act 1996.'. 3 3. Section 47(2)-- 4 omit, insert-- 5 `(2) QOFS's employees are to be employed under this Act, and not 6 under the Public Service Act 1996.'. 7 QUEENSLAND TREASURY CORPORATION ACT 8 1988 9 1. Sections 11 and 12-- 10 omit, insert-- 11 `Officers and employees employed under Public Service Act 12 `11. The corporation's officers and employees are to be employed under 13 the Public Service Act 1996.'. 14 2. Section 13-- 15 omit. 16 RACING AND BETTING ACT 1980 17 1. Section 8(1A) to (2A)-- 18 omit, insert-- 19 `(2) The officers necessary for this Act are to be employed under the 20 Public Service Act 1996.'. 21

 


 

138 Public Service SCHEDULE 2 (continued) 2. Section 190(2), words after `determines'-- 1 omit. 2 3. Section 190-- 3 insert-- 4 `(2A) The manager, secretary and other officers of the totalisator board 5 are to be employed under this Act, and not under the Public Service Act 6 1996.'. 7 RADIOACTIVE SUBSTANCES ACT 1958 8 1. Section 8(1) and (1A)-- 9 omit, insert-- 10 `8.(1) The secretary to the council and inspectors necessary for this Act 11 are to be employed under the Public Service Act 1996.'. 12 2. Section 8(4) to (5)-- 13 omit. 14 RECORDING OF EVIDENCE ACT 1962 15 1. Section 6(3), `Public Service Management and Employment Act 16 1988'-- 17 omit, insert-- 18 `Public Service Act 1996'. 19

 


 

139 Public Service SCHEDULE 2 (continued) 2. Section 6(3), `those Acts'-- 1 omit, insert-- 2 `that Act'. 3 ECREATION AREAS MANAGEMENT ACT 1988 4 R 1. Section 17(1) and (1A)-- 5 omit, insert-- 6 `17.(1) The secretary of the board is to be employed under the Public 7 Service Act 1996. 8 `(1A) The secretary's duties are to be decided by the board.'. 9 2. Section 17(1A) to (3)-- 10 renumber as section 17(2) to (4). 11 EFERENDUMS ACT 1989 12 R 1. Section 3.2(c), `officers of the public service for the purposes of the 13 Public Service Management and Employment Act 1988'-- 14 omit, insert-- 15 `public service employees'. 16

 


 

140 Public Service SCHEDULE 2 (continued) ESIDENTIAL TENANCIES ACT 1994 1 R 1. Section 306(5)-- 2 omit, insert-- 3 `(5) The chief executive officer is to be appointed under this Act, and not 4 under the Public Service Act 1996.'. 5 2. Section 309(4)-- 6 omit, insert-- 7 `(4) The employees are to be employed under this Act, and not under the 8 Public Service Act 1996.'. 9 ROYAL QUEENSLAND THEATRE COMPANY ACT 10 1970 11 1. Section 18-- 12 insert-- 13 `(5) The board's employees are to be employed under this Act, and not 14 under the Public Service Act 1996.'. 15 RURAL ADJUSTMENT AUTHORITY ACT 1994 16 1. Section 8(2)(e)(ii), `units of the public sector'-- 17 omit, insert-- 18 `public sector units'. 19

 


 

141 Public Service SCHEDULE 2 (continued) 2. Section 31-- 1 omit, insert-- 2 `Chief executive appointed under this Act 3 `31. The chief executive is to be appointed under this Act, and not under 4 the Public Service Act 1996.'. 5 3. Section 36(4)-- 6 omit, insert-- 7 `(4) The authority's employees are to be employed under this Act, and 8 not under the Public Service Act 1996.'. 9 RURAL LANDS PROTECTION ACT 1985 10 1. Section 10-- 11 omit, insert-- 12 `Appointment of executive director and other officers and employees 13 `10.(1) An executive director, an assistant executive director, inspectors, 14 other officers and employees necessary for this Act are to be employed. 15 `(2) Unless the Minister otherwise decides, a person employed under 16 subsection (1) is to be employed under the Public Service Act 1996.'. 17 2. Section 47(2), `appointed under the Public Service Management and 18 Employment Act 1988'-- 19 omit, insert-- 20 `employed under the Public Service Act 1996'. 21

 


 

142 Public Service SCHEDULE 2 (continued) 3. Section 48(4)-- 1 omit, insert-- 2 `(4) The employees are to be employed under this Act, and not under the 3 Public Service Act 1996.'. 4 EWERAGE AND WATER SUPPLY ACT 1949 5 S 1. Section 7AE(1) and (2)-- 6 omit, insert-- 7 `7AE.(1) The secretary to the board is to be employed under the Public 8 Service Act 1996.'. 9 2. Section 7AE(3)-- 10 renumber as section 7AE(2). 11 MALL CLAIMS TRIBUNALS ACT 1973 12 S 1. Section 5(2) to (4)-- 13 omit, insert-- 14 `(2) Other referees of small claims tribunals are to be employed under 15 the Public Service Act 1996.'. 16 2. Section 15(2) to (4)-- 17 omit, insert-- 18 `(2) A registrar and deputy registrar are to be employed in the 19 metropolitan district registry under the Public Service Act 1996.'. 20

 


 

143 Public Service SCHEDULE 2 (continued) OLICITOR-GENERAL ACT 1985 1 S 1. Section 5(2)(d)-- 2 omit. 3 2. Section 5-- 4 insert-- 5 `(5) The solicitor-general is to be appointed under this Act, and not under 6 the Public Service Act 1996.'. 7 3. Section 7(5), `Public Service Management and Employment Act 8 1988'-- 9 omit, insert-- 10 `Public Service Act 1996'. 11 4. Section 10(1), `appointed'-- 12 omit, insert-- 13 `employed'. 14 5. Section 10(2)-- 15 omit, insert-- 16 `(2) The staff of the solicitor-general are to be employed under the Public 17 Service Act 1996.'. 18 6. Sections 10(3) and 20(1), `Public Service Management and 19 Employment Act 1988'-- 20 omit, insert-- 21 `Public Service Act 1996'. 22

 


 

144 Public Service SCHEDULE 2 (continued) PEECH PATHOLOGISTS ACT 1979 1 S 1. Section 15-- 2 omit, insert-- 3 `Registrar and other officers employed under Public Service Act 4 `15. The registrar and other officers of the board are to be employed 5 under the Public Service Act 1996.'. 6 STATE DEVELOPMENT AND PUBLIC WORKS 7 ORGANIZATION ACT 1971 8 1. Section 5, definition "Director (Administration and Finance)"-- 9 omit. 10 2. Part 2, division 3, heading-- 11 omit, insert-- 12 `Officers and workers of coordinator-general'. 13 3. Sections 18 and 21-- 14 omit. 15 4. Section 102(2)(b) and (c), `or the Director (Administration and 16 Finance)'-- 17 omit. 18 5. Section 110-- 19 omit. 20

 


 

145 Public Service SCHEDULE 2 (continued) 6. Section 111, `Director (Administration and Finance)'-- 1 omit, insert-- 2 `coordinator-general'. 3 7. Section 118-- 4 omit. 5 TATE HOUSING ACT 1945 6 S 1. Section 11(1), (2), (3) and (4)-- 7 omit, insert-- 8 `Officers and employees employed under Public Service Act 9 `11.(1) The secretary to the commission (the "secretary"), an officer in 10 charge of a district office of the commission (a "district officer"), and 11 other officers and employees necessary for this Act are to be employed 12 under the Public Service Act 1996.'. 13 2. Section 11(6) and (8), `of the public service'-- 14 omit. 15 STATE SERVICE SUPERANNUATION ACT 1972 16 1. Section 4, definition "officer", paragraph (c), from `as defined' to 17 `1922'-- 18 omit. 19

 


 

146 Public Service SCHEDULE 2 (continued) 2. Section 4, definition "officer", paragraph (d)(i)-- 1 omit. 2 3. Section 4, definition "retired", words after `that employment'-- 3 omit. 4 4. Section 17-- 5 omit, insert-- 6 `Employment of officers 7 `17.(1) An actuary and other officers necessary for this Act and the 1958 8 Act may be employed. 9 `(2) Unless the Minister otherwise decides, the actuary is to be employed 10 under the Public Service Act 1996. 11 `(3) If the actuary is not to be employed under the Public Service Act 12 1996, the actuary is to be appointed by the Governor in Council and holds 13 office on the terms decided by the Governor in Council. 14 `(4) The other officers are to be employed under the Public Service Act 15 1996.'. 16 5. Section 62(1), `Public Service Board or other'-- 17 omit. 18

 


 

147 Public Service SCHEDULE 2 (continued) TATE TRANSPORT ACT 1960 1 S 1. Section 11-- 2 omit, insert-- 3 `Inspectors and other officers employed under Public Service Act 4 `11. The inspectors and officers necessary for this Act are to be 5 employed under the Public Service Act 1996.'. 6 STATUTORY BODIES FINANCIAL 7 ARRANGEMENTS ACT 1982 8 1. Section 3, definition "the Under Treasurer", `Public Service 9 Management and Employment Act 1988'-- 10 omit, insert-- 11 `Public Service Act 1996'. 12 STIPENDIARY MAGISTRATES ACT 1991 13 1. Section 5(4)-- 14 omit, insert-- 15 `(4) A magistrate is to be appointed under this Act, and not under the 16 Public Service Act 1996.'. 17 2. Section 6(2), `Public Service Management and Employment Act 18 1988'-- 19 omit, insert-- 20 `Public Service Act 1996.'. 21

 


 

148 Public Service SCHEDULE 2 (continued) 3. Section 18(4)-- 1 omit. 2 STOCK ACT 1915 3 1. Section 5(3)-- 4 omit, insert-- 5 `(3) The chief inspector and inspectors of stock are to be employed under 6 the Public Service Act 1996.'. 7 UGAR INDUSTRY ACT 1991 8 S 1. Section 21(c)-- 9 omit. 10 2. Section 23(1)(b)-- 11 omit, insert-- 12 `(b) may employ the persons, and engage the consultants, service 13 providers, inspectors and agents, that it considers necessary.'. 14 3. Section 23(3)-- 15 omit, insert-- 16 `(3) The corporation's employees are to be employed under this Act, and 17 not under the Public Service Act 1996.'. 18 4. Section 68(c)-- 19 omit. 20

 


 

149 Public Service SCHEDULE 2 (continued) 5. Section 70(1)(b)-- 1 omit, insert-- 2 `(b) may employ the persons, and engage the consultants, service 3 providers, inspectors and agents, that it considers necessary.'. 4 6. Section 70(3)-- 5 omit, insert-- 6 `(3) The board's employees are to be employed under this Act, and not 7 under the Public Service Act 1996.'. 8 7. Section 87-- 9 omit, insert-- 10 `Power to engage assistance 11 `87.(1) A productivity board may employ the persons, and engage the 12 consultants, service providers and agents, that it considers necessary. 13 `(2) The employees of a productivity board are to be employed under this 14 Act, and not under the Public Service Act 1996.'. 15 8. Section 89(c)-- 16 omit. 17 SUPERANNUATION (STATE PUBLIC SECTOR) ACT 18 1990 19 1. Section 2(1), definition "unit of the State public sector", 20 paragraph (a)-- 21 omit, insert-- 22 `(a) a public sector unit; or'. 23

 


 

150 Public Service SCHEDULE 2 (continued) 2. Section 2(1), definition "unit of the State public sector", 1 paragraphs (b), (d) and (h)-- 2 omit. 3 3. Section 2(1), definition "unit of the State public sector", 4 paragraph (m)-- 5 omit, insert-- 6 `(m)a Magistrates Court; or'. 7 4. Section 2(1), definition, "unit of the State public sector", 8 paragraphs (q) and (r)-- 9 omit, insert-- 10 `(r) an entity declared under a regulation to be a unit of the State 11 public sector;'. 12 5. Section 2(1), definition, "unit of the State public sector", 13 paragraph (u)-- 14 omit, insert-- 15 `(u) an entity declared under a regulation to not be a unit of the State 16 public sector.'. 17 6. Section 2(1), definition "unit of the State public sector"-- 18 renumber the paragraphs. 19

 


 

151 Public Service SCHEDULE 2 (continued) SUPREME COURT OF QUEENSLAND ACT 1991 1 1. Section 49(1)-- 2 omit, insert-- 3 `49.(1) The staff of the Court of Appeal are to be employed under the 4 Public Service Act 1996.'. 5 2. Section 86, heading, `units of the public sector'-- 6 omit, insert-- 7 `public sector units'. 8 3. Section 86(1), `unit of the public sector (within the meaning of the 9 Public Sector Management Commission Act 1990)'-- 10 omit, insert-- 11 `public sector unit'. 12 4. Section 89(1)-- 13 omit, insert-- 14 `89.(1) The staff of the commission are to be employed under the Public 15 Service Act 1996.'. 16 TORRES STRAIT ISLANDER LAND ACT 1991 17 1. Section 87(3)-- 18 omit, insert-- 19 `(3) A member of the tribunal is to be appointed under this Act, and not 20 under the Public Service Act 1996.'. 21

 


 

152 Public Service SCHEDULE 2 (continued) 2. Section 124-- 1 omit, insert-- 2 `Staff of tribunal employed under Public Service Act 3 `124. The staff of the Land Tribunal are to be employed under the Public 4 Service Act 1996.'. 5 RADE MEASUREMENT ADMINISTRATION ACT 6 T 1990 7 1. Section 5(1), `appointed'-- 8 omit, insert-- 9 `employed under the Public Service Act 1996'. 10 2. Section 5(2)-- 11 omit. 12 3. Section 5(3) and (4)-- 13 renumber as section 5(2) and (3). 14 TRANSPORT OPERATIONS (MARINE SAFETY) ACT 15 1994 16 1. Section 36(1) and (2), `Public Service Management and Employment 17 Act 1988'-- 18 omit, insert-- 19 `Public Service Act 1996.'. 20

 


 

153 Public Service SCHEDULE 2 (continued) 2. Section 127(4), `unit of the public sector'-- 1 omit, insert-- 2 `public sector unit'. 3 RANSPORT PLANNING AND COORDINATION 4 T ACT 1994 5 1. Section 9(4), `units of the public sector'-- 6 omit, insert-- 7 `public sector units'. 8 2. Section 14(1) and (2)-- 9 omit, insert-- 10 `14.(1) The staff of SEQTA (including the chief executive) are to be 11 employed under the Public Service Act 1996.'. 12 3. Section 14(3)-- 13 renumber as section 14(2). 14 TRUST ACCOUNTS ACT 1973 15 1. Section 26A(1) to (2)-- 16 omit, insert-- 17 `26A.(1) Inspectors are to be employed under the Public Service Act 18 1996.'. 19

 


 

154 Public Service SCHEDULE 2 (continued) VALUERS REGISTRATION ACT 1992 1 1. Section 17-- 2 omit, insert-- 3 `Officers of the board employed under this Act 4 `17.(1) The board may employ a secretary and other officers necessary 5 for this Act. 6 `(2) The secretary and other officers are to be employed under this Act, 7 and not under the Public Service Act 1996.'. 8 VETERINARY SURGEONS ACT 1936 9 1. Section 14(1) to (1B)-- 10 omit, insert-- 11 `14.(1) A registrar and deputy registrar of the board are to be employed 12 under the Public Service Act 1996.'. 13 2. Section 15B(5)-- 14 omit. 15 OCATIONAL EDUCATION, TRAINING AND 16 V EMPLOYMENT ACT 1991 17 1. Sections 49, 50 and 51-- 18 omit, insert-- 19 `Commission employees etc. employed under Public Service Act 20 `49.(1) The commission may employ persons and engage training and 21 welfare consultants for this Act. 22

 


 

155 Public Service SCHEDULE 2 (continued) `(2) A person may be employed as both a training consultant and a 1 welfare consultant. 2 `(3) The persons and consultants are to be employed under the Public 3 Service Act 1996.'. 4 ATER RESOURCES ACT 1989 5 W 1. Section 215(3), `by regulations made under the Public Service 6 Management and Employment Act 1988'-- 7 omit, insert-- 8 `under the Public Service Act 1996'. 9 WET TROPICS WORLD HERITAGE PROTECTION 10 AND MANAGEMENT ACT 1993 11 1. Section 23, `Public Service Management and Employment Act 12 1988'-- 13 omit, insert-- 14 `Public Service Act 1996.'. 15 2. Section 33-- 16 omit, insert-- 17 `Authority's officers and employees employed under Public Service 18 Act 19 `33. The authority's officers and employees are to be employed under the 20 Public Service Act 1996.'. 21

 


 

156 Public Service SCHEDULE 2 (continued) WHISTLEBLOWERS PROTECTION ACT 1994 1 1. Section 11(3)(c)-- 2 omit, insert-- 3 `(c) public service employees are given an additional right to appeal to 4 the public service commissioner to be relocated to remove the 5 danger of reprisals.'. 6 2. Section 46-- 7 omit, insert-- 8 `Relocation of public service employees 9 `46.(1) This section-- 10 (a) must be read with the Public Service Act 1996; and 11 (b) gives a right to appeal for the relocation of a public service 12 employee. 13 `(2) The appeal must be made on the ground that-- 14 (a) it is likely a reprisal will be taken against the public service 15 employee if the employee continues in the employee's existing 16 work location; and 17 (b) the only practical way to remove or substantially remove the 18 danger is to relocate the employee. 19 `(3) The appeal may be made to the public service commissioner by the 20 public service employee or for the employee by the chief executive of the 21 employee's department. 22 `(4) If the public service commissioner considers the ground is 23 established, the commissioner may direct that the employee be relocated 24 within the employee's department or another department. 25 `(5) The public service commissioner can not direct that the employee be 26 relocated without the agreement of-- 27 (a) the public service employee; and 28

 


 

157 Public Service SCHEDULE 2 (continued) (b) if the relocation is to another department--the other department's 1 chief executive. 2 `(6) For subsection (5), the public service commissioner has power to 3 do, or authorise the doing of anything necessary or convenient to relocate 4 the public service employee.'. 5 WORKERS' ACCOMMODATION ACT 1952 6 1. Section 7(1) and (1A)-- 7 omit, insert-- 8 `Inspectors appointed under Public Service Act 9 `7. The chief inspector of workers' accommodation and other inspectors 10 necessary for this Act are to be employed under the Public Service Act 11 1996.'. 12 WORKERS' COMPENSATION ACT 1990 13 1. Section 29-- 14 omit, insert-- 15 `General manager and officers employed under Public Service Act 16 `29. A general manager and officers of the board are to be employed 17 under the Public Service Act 1996.'. 18 19

 


 

158 Public Service CHEDULE 3 1 S ICTIONARY 2 D section 4 3 "appoint", a person as an officer, means-- 4 (a) for a person who is not already an officer--employ the person as 5 an officer; or 6 (b) for an officer--promote, transfer or redeploy the officer. 7 "approved leave" means leave approved under this or another Act or an 8 industrial determination. 9 "award" see Industrial Relations Act 1990, section 5. 10 "chief executive" means-- 11 (a) in relation to a department--the chief executive of the department; 12 or 13 (b) in relation to a public service employee--the chief executive of 14 the employee's department; or 15 (c) in any other case--the chief executive of a department. 16 "commissioner" means the Public Service Commissioner. 17 "department" see section 7(1). 18 "departmental Minister" means-- 19 (a) in relation to a department or other public sector unit--the 20 Minister administering the public sector unit; or 21 (b) in relation to a chief executive--the Minister administering the 22 chief executive's department; or 23 (c) in relation to another public service employee--the Minister 24 administering the employee's department. 25

 


 

159 Public Service SCHEDULE 3 (continued) "disciplinary law" means-- 1 (a) this Act; or 2 (b) a disciplinary provision of an award or industrial agreement; or 3 (c) a law prescribed under a regulation. 4 "employing authority" means-- 5 (a) for a chief executive--the Premier; or 6 (b) for another person--the person's chief executive. 7 "government entity" see section 21. 8 "head", of a public service office, see section 18. 9 "higher classification level" means a classification level that is a higher 10 classification level under a ruling. 11 "industrial agreement" means an industrial agreement, certified 12 agreement or enterprise flexibility agreement under the Industrial 13 Relations Act 1990. 14 "industrial authority" see Industrial Relations Act 1990, section 5. 15 "industrial determination" includes an award, industrial agreement, and 16 determination or rule of an industrial authority. 17 "industrial relations Minister" means the Minister administering the 18 Industrial Relations Act 1990. 19 "interest", of a public service employee, means a direct or indirect personal 20 interest, whether pecuniary or non-pecuniary, of-- 21 (a) the employee; or 22 (b) a person who, under a regulation, is related or connected to the 23 employee. 24 "law" includes an unwritten law. 25 "lower classification level" means a classification level that is a lower 26 classification level under a ruling. 27 "officer" (or "officer of the public service") see "public service officer". 28 "promote", an officer, means employ the officer at a higher classification 29

 


 

160 Public Service SCHEDULE 3 (continued) level (whether or not on different duties), other than temporarily. 1 "promotion decision" see section 94(1)(c). 2 "public sector unit" see section 20. 3 "public service" means the Queensland Public Service. 4 "public service employee"-- 5 (a) in relation to a department--means a public service employee of 6 the department; or 7 (b) in any other case--see section 9. 8 "public service office" see section 7(2). 9 "public service officer" see section 8. 10 "Queensland Public Service" see section 5. 11 "redeploy", an officer, means employ the officer, with the officer's 12 consent, at a lower classification level (whether or not on different 13 duties), other than temporarily. 14 "remuneration" includes salary. 15 "reserved matter" means any of the following matters in relation to public 16 service employees-- 17 attendance 18 hours of duty 19 credit for service 20 leave 21 court attendance 22 jury service 23 expenses and allowances 24 other entitlements and obligations. 25 "ruling" means a directive or guideline. 26 "same classification level" means a classification level that is the same 27 classification level under a ruling. 28

 


 

161 Public Service SCHEDULE 3 (continued) "second", an officer, means temporarily employ the officer-- 1 (a) on different duties at the same classification level; or 2 (b) at a higher classification level. 3 "senior executive" means an officer who is employed under this Act as a 4 senior executive. 5 "senior officer" see section 63. 6 "statutory office" see section 108. 7 "temporarily" means for a period limited by time, whether or not the time 8 has been fixed. 9 "term appointee" see section 109. 10 "transfer", an officer, means employ the officer at the same classification 11 level, on different duties or at a different location, other than 12 temporarily. 13 14 State of Queensland 1996

 


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