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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Service Delivery and
Performance Commission
Bill 2005
Queensland
Service Delivery and Performance
Commission Bill 2005
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Meaning of agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
5 Object of Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Part 2 Establishment of commission and related matters
6 Establishment of commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
7 Commission represents the State . . . . . . . . . . . . . . . . . . . . . . . . 7
8 Commissioners. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Part 3 Commission's role
9 Meaning of information for pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . 8
10 Undertaking reviews . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
11 Other functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
12 Functions performed in furtherance of object. . . . . . . . . . . . . . . . 9
13 How functions may be performed. . . . . . . . . . . . . . . . . . . . . . . . . 9
14 Annual work program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
15 Agencies to co-operate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
16 Requirement to give information for annual report . . . . . . . . . . . . 10
17 Production requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
18 Protection from liability for complying with requirement . . . . . . . . 10
19 Claims of privilege preserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
20 Other excepted information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Part 4 Reviews
Division 1 Starting or ending a review
21 Referral from Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2
Service Delivery and Performance Commission
Bill 2005
22 Matters that may be included in referral . . . . . . . . . . . . . . . . . . . . 12
23 Review on commission's initiative . . . . . . . . . . . . . . . . . . . . . . . . 13
24 Minister may end review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
25 Matters to be in writing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Division 2 Conduct and scope of reviews
26 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
27 Types of review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
28 What a review may involve . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
29 Notice of proposed review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 3 Report following a review
30 Report to be prepared and tabled . . . . . . . . . . . . . . . . . . . . . . . . 15
31 Affected agencies to be given a draft report. . . . . . . . . . . . . . . . . 15
32 Content. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
33 Procedure for reporting sensitive information. . . . . . . . . . . . . . . . 16
Part 5 Annual report about departments
34 Key performance indicators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
35 Annual service delivery and performance report . . . . . . . . . . . . . 17
Part 6 Commission's operation
Division 1 Chairperson
36 Role of chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
37 Acting chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 2 Meetings and other business
38 Delegation by commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
39 Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
40 Times and places of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
41 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
42 Deputies for certain commissioners . . . . . . . . . . . . . . . . . . . . . . . 19
43 Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
44 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
45 Decisions outside meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
46 Minutes and record of decisions. . . . . . . . . . . . . . . . . . . . . . . . . . 20
Division 3 Commission staff and agents
47 Staff members of the commission . . . . . . . . . . . . . . . . . . . . . . . . 20
48 Staff subject to direction by chairperson . . . . . . . . . . . . . . . . . . . 21
49 Agents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
3
Service Delivery and Performance Commission
Bill 2005
Part 7 Appointed commissioners
50 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
51 Contract of employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
52 Appointment full-time or part-time . . . . . . . . . . . . . . . . . . . . . . . . 21
53 Leave of absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
54 Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
55 Criminal history checks to confirm eligibility . . . . . . . . . . . . . . . . . 22
56 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
57 Preservation of rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Part 8 Miscellaneous
58 Quarterly reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
59 Application of other Acts to the commission. . . . . . . . . . . . . . . . . 24
60 No liability for defamation if statement or report made in good
faith .......................................... 24
61 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
62 Confidentiality. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
63 Enforcement provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
64 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
65 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
66 Review of commission's performance . . . . . . . . . . . . . . . . . . . . . 26
67 Expiry of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Part 9 Transitional
68 First annual work program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
69 First annual service delivery and performance report . . . . . . . . . 27
70 First quarterly report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Part 10 Amendment of Freedom of Information Act 1992
71 Act amended in pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
72 Amendment of s 39 (Matter relating to investigations by
ombudsman or audits by Auditor-General etc.) . . . . . . . . . . . . . . 28
Schedule Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
2005
A Bill
for
An Act to provide for the establishment and operation of a
Service Delivery and Performance Commission, and for other
purposes
s1 6 s3
Service Delivery and Performance Commission
Bill 2005
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
1 Short title 3
This Act may be cited as the Service Delivery and 4
Performance Commission Act 2005. 5
2 Dictionary 6
The dictionary in the schedule defines particular words used 7
in this Act. 8
3 Meaning of agency 9
(1) Each of the following entities is an agency-- 10
(a) a public sector unit other than an excluded entity; 11
(b) any other government entity, other than an excluded 12
entity, prescribed under a regulation for this section; 13
(c) the Queensland Police Service. 14
(2) In this section-- 15
excluded entity means any of the following-- 16
(a) the Crime and Misconduct Commission; 17
(b) a government owned corporation; 18
(c) the integrity commissioner; 19
(d) the Office of the Information Commissioner; 20
(e) the Office of the Ombudsman; 21
(f) the parliamentary crime and misconduct commissioner; 22
(g) the Queensland Audit Office. 23
s4 7 s7
Service Delivery and Performance Commission
Bill 2005
4 Act binds all persons 1
(1) This Act binds all persons including the State. 2
(2) Subsection (1) does not make the State liable for an offence. 3
5 Object of Act 4
The object of this Act is to help the government of the State-- 5
(a) to meet the expectations of the community about the 6
delivery of government services; and 7
(b) to reduce inefficiencies, duplication and wastage in the 8
delivery of government services; and 9
(c) to improve the accountability of agencies for their 10
delivery of services; and 11
(d) to improve the delivery of government services by 12
ensuring agencies use resources effectively and 13
efficiently and adopt best practices; and 14
(e) to encourage agencies to be proactive about establishing 15
effective and appropriate performance frameworks, 16
including planning and reporting practices; and 17
(f) to promote in agencies a culture of continuous 18
improvement and performance management, including 19
risk management. 20
Part 2 Establishment of commission 21
and related matters 22
6 Establishment of commission 23
The Service Delivery and Performance Commission is 24
established. 25
7 Commission represents the State 26
(1) The commission represents the State. 27
s8 8 s 11
Service Delivery and Performance Commission
Bill 2005
(2) Without limiting subsection (1), the commission has the 1
status, privileges and immunities of the State. 2
8 Commissioners 3
The commission consists of the following members-- 4
(a) the chairperson; 5
(b) the chief executive of the treasury department; 6
(c) the public service commissioner; 7
(d) at least 2 other members. 8
Part 3 Commission's role 9
9 Meaning of information for pt 3 10
In this part-- 11
information includes a document. 12
10 Undertaking reviews 13
The commission's main function is to undertake reviews 14
under part 4 and report to the Minister on the outcome of each 15
review. 16
11 Other functions 17
The commission also has the following functions-- 18
(a) to prepare annual service delivery and performance 19
reports and give them to the Minister; 20
(b) to develop enhanced performance targets for particular 21
agencies or particular services; 22
(c) to educate agencies about managing and monitoring 23
their own performance; 24
s 12 9 s 14
Service Delivery and Performance Commission
Bill 2005
(d) to establish standards for internal government planning 1
and reporting practices about service delivery across the 2
public sector. 3
12 Functions performed in furtherance of object 4
The commission must have regard to the object of this Act in 5
performing its functions. 6
13 How functions may be performed 7
(1) The commission may make enquiries, gather information and 8
otherwise engage in activities necessary to perform its 9
functions. 10
(2) In performing its functions, the commission-- 11
(a) need not act in a formal way; and 12
(b) may inform itself in the way it considers appropriate; 13
and 14
(c) may consult with anyone it considers appropriate; and 15
(d) may receive written or oral submissions and other 16
information. 17
(3) This section applies to the commission's conduct of a review 18
subject to the terms of the Minister's referral for the review. 19
14 Annual work program 20
(1) Before the start of each financial year, the commission must 21
prepare a draft annual work program for the financial year and 22
give it to the Minister. 23
(2) After considering the draft, the Minister must establish the 24
commission's work program for the financial year. 25
(3) The Minister may vary a work program for a financial year 26
before or during the financial year. 27
(4) In this section-- 28
work program, for a financial year, means-- 29
s 15 10 s 18
Service Delivery and Performance Commission
Bill 2005
(a) all the activities the commission will undertake during 1
the financial year to perform its functions; and 2
(b) the times the activities will be undertaken. 3
15 Agencies to co-operate 4
The functions of each agency include co-operating with the 5
commission in the performance by the commission of its 6
functions. 7
16 Requirement to give information for annual report 8
(1) For the purpose of preparing an annual service delivery and 9
performance report, the commission may give a written notice 10
to the chief executive of a department requiring that chief 11
executive to give stated information to the commission by a 12
stated day each year. 13
(2) This section does not limit section 17. 14
17 Production requirement 15
(1) The commission may give a written notice to an agency chief 16
executive requiring the agency chief executive to give to the 17
commission, by a stated time, stated information in the 18
agency's possession or control relating to the activities of an 19
agency. 20
(2) The notice may be given only if it is reasonably necessary for 21
the commission to have the information to perform its 22
functions. 23
(3) The notice must state that it is given under this section. 24
18 Protection from liability for complying with requirement 25
(1) This section applies to the giving of information to the 26
commission in compliance with a requirement under this part. 27
(2) A person may give the information despite any other law that 28
would otherwise prohibit or restrict the giving of the 29
information. 30
s 19 11 s 20
Service Delivery and Performance Commission
Bill 2005
(3) If a person, acting honestly, gives the information to the 1
commission, the person is not liable, civilly, criminally or 2
under an administrative process, for giving the information. 3
(4) Also, merely because the person gives the information, the 4
person can not be held to have-- 5
(a) breached any code of professional etiquette or ethics; or 6
(b) departed from accepted standards of professional 7
conduct. 8
(5) Without limiting subsections (3) and (4)-- 9
(a) in a proceeding for defamation, the person has a defence 10
of absolute privilege for publishing the information; and 11
(b) if the person would otherwise be required to maintain 12
confidentiality about the information under an Act, oath 13
or rule of law or practice, the person-- 14
(i) does not contravene the Act, oath or rule of law or 15
practice by giving the information; and 16
(ii) is not liable to disciplinary action for giving the 17
information. 18
19 Claims of privilege preserved 19
In response to a requirement under this part, a person is not 20
required to give information that is protected by privilege. 21
20 Other excepted information 22
In response to a requirement under this part, a person is not 23
required to give information in an agency's possession or 24
control if the agency chief executive reasonably considers 25
that-- 26
(a) giving the information would not be in the public 27
interest because it could be expected to-- 28
(i) prejudice the conduct of a proceeding before a 29
court or tribunal; or 30
s 21 12 s 22
Service Delivery and Performance Commission
Bill 2005
(ii) prejudice the investigation of a contravention or 1
possible contravention of a law in a particular case; 2
or 3
(iii) prejudice an investigation under the Coroners Act 4
2003 or an inquiry or inquest into a death under the 5
Coroners Act 1958; or 6
(iv) enable the existence or identity of a confidential 7
source of information, in relation to the 8
enforcement or administration of a law, to be 9
ascertained; or 10
(v) endanger a person's life or physical safety; or 11
(vi) prejudice the effectiveness of a lawful method or 12
procedure for preventing, detecting, investigating 13
or dealing with a contravention or possible 14
contravention of a law; or 15
(vii) have another effect prescribed under a regulation 16
for this section; or 17
(b) it would otherwise not be in the public interest to give 18
the information. 19
Part 4 Reviews 20
Division 1 Starting or ending a review 21
21 Referral from Minister 22
(1) The Minister may refer a matter to the commission for review. 23
(2) The Minister may amend a referral at any time. 24
22 Matters that may be included in referral 25
To ensure a review is conducted appropriately, the Minister 26
may, when referring a matter for review, do any of the 27
following-- 28
s 23 13 s 25
Service Delivery and Performance Commission
Bill 2005
(a) ask the commission to consider, and advise the Minister, 1
whether a review is warranted; 2
(b) give terms of reference for the review; 3
(c) state the entities with whom the commission must 4
consult for the review; 5
(d) state a period within which the commission must give 6
the Minister its report on the review; 7
(e) ask the commission to give a draft report to the Minister, 8
another Minister, a chief executive or another stated 9
entity for comment before finalising the review; 10
(f) ask the commission to make recommendations about a 11
stated matter. 12
23 Review on commission's initiative 13
The commission may also conduct a review, with the 14
Minister's approval, on its own initiative. 15
24 Minister may end review 16
The Minister may withdraw a referral or revoke an approval 17
for a particular review if the Minister considers it appropriate 18
for any reason including, for example, that-- 19
(a) the review should be undertaken in another way; or 20
(b) the review is not a justifiable use of resources. 21
25 Matters to be in writing 22
A referral, amendment, approval, withdrawal or revocation of 23
the Minister under this division must be in writing. 24
s 26 14 s 28
Service Delivery and Performance Commission
Bill 2005
Division 2 Conduct and scope of reviews 1
26 Purpose 2
The purpose of a review is to help the Minister to further the 3
object of this Act. 4
27 Types of review 5
(1) A review may relate to-- 6
(a) the delivery of services by a particular agency or 7
agencies; or 8
(b) initiatives of a particular agency or agencies; or 9
(c) a particular aspect of the delivery of services by the 10
whole or part of the public sector. 11
(2) A review may be a single review of matters stated in 12
subsection (1) or a periodic review of the matters. 13
28 What a review may involve 14
Without limiting what a review may involve, it may-- 15
(a) measure the delivery of services; or 16
(b) develop benchmarks for the delivery of services and 17
compare service delivery against the benchmarks; or 18
(c) identify opportunities to improve the delivery of 19
services; or 20
(d) identify ways of reducing waste and duplication; or 21
(e) assess appropriate funding adjustments to achieve 22
optimal service delivery; or 23
(f) assess the priorities on the basis of which resources are 24
allocated or should be allocated; or 25
(g) identify areas of excellence; or 26
(h) identify areas for further improvement; or 27
(i) deal with anything else decided by the Minister in a 28
referral under division 1. 29
s 29 15 s 32
Service Delivery and Performance Commission
Bill 2005
29 Notice of proposed review 1
Before conducting a review relating to the delivery of services 2
by, or initiatives of, a particular agency or agencies, the 3
commission must give written notice to the agency or 4
agencies and to the Minister responsible for the agency or 5
agencies. 6
Division 3 Report following a review 7
30 Report to be prepared and tabled 8
(1) The commission must prepare a report for each review it 9
completes and give the report to the Minister. 10
(2) After receiving the report, the Minister must table it in the 11
Legislative Assembly. 12
31 Affected agencies to be given a draft report 13
(1) This section applies if the commission conducts a review 14
relating to the delivery of services by, or initiatives of, a 15
particular agency or agencies. 16
(2) The commission must-- 17
(a) prepare a draft report for the review; and 18
(b) give copies of the draft report to the agency or agencies; 19
and 20
(c) give the agency or agencies a reasonable opportunity to 21
respond to the draft report; and 22
(d) have regard to any response before preparing a final 23
report for the review and giving it to the Minister. 24
(3) In its response, an agency may ask the commission to include 25
a particular statement in the commission's final report. 26
32 Content 27
A report must include-- 28
s 33 16 s 33
Service Delivery and Performance Commission
Bill 2005
(a) a variety of viewpoints and options representing 1
alternative ways of addressing the issues covered by the 2
report; and 3
(b) the commission's recommendations relating to the 4
issues; and 5
(c) details of the consultation undertaken in the course of 6
the review; and 7
(d) any statement the commission is asked to include under 8
section 31(3). 9
33 Procedure for reporting sensitive information 10
(1) This section applies if the commission considers that 11
information that, apart from this section, would be included in 12
a draft report or final report for a review is sensitive 13
information. 14
(2) The commission need not include the information in the 15
report. 16
(3) If the report is a final report, the commission may include the 17
information in a separate document given to the Minister. 18
(4) In this section-- 19
sensitive information means information-- 20
(a) that it would be contrary to the public interest to 21
disclose publicly for a reason mentioned in section 22
20(a); or 23
(b) that it would be contrary to the public interest to 24
disclose publicly because disclosure could-- 25
(i) have a serious adverse effect on the commercial 26
interests of an agency or any person; or 27
(ii) reveal trade secrets of an agency or any person; or 28
(iii) cause damage to the relations between the 29
Government of the State and another Government; 30
or 31
s 34 17 s 36
Service Delivery and Performance Commission
Bill 2005
(c) for which, in any judicial proceeding, the State would 1
have a basis for claiming that disclosure should not be 2
permitted. 3
Part 5 Annual report about 4
departments 5
34 Key performance indicators 6
For this part, the Minister must establish key performance 7
indicators for measuring the service delivery and performance 8
of departments. 9
35 Annual service delivery and performance report 10
(1) By 31 October in each year, the commission must prepare and 11
give to the Minister a report about the service delivery and 12
performance of departments, during the previous financial 13
year, assessed against the key performance indicators 14
established under section 34. 15
(2) Within 14 sitting days after receiving the report, the Minister 16
must table it in the Legislative Assembly. 17
Part 6 Commission's operation 18
Division 1 Chairperson 19
36 Role of chairperson 20
(1) The chairperson is the commission's chief executive officer. 21
(2) The chairperson is responsible for the administration of the 22
commission, including the management of the staff members 23
s 37 18 s 39
Service Delivery and Performance Commission
Bill 2005
of the commission, and the proper performance of the 1
commission's functions. 2
(3) A document of the commission that is required to be 3
authenticated is sufficiently authenticated if it is signed by the 4
chairperson. 5
(4) The chairperson may delegate the chairperson's powers 6
relating to the administration of the commission to an 7
appropriately qualified staff member of the commission. 8
(5) In this section-- 9
appropriately qualified includes having qualifications or 10
experience appropriate to exercise the power. 11
37 Acting chairperson 12
(1) The Governor in Council may appoint an eligible person to 13
act as the chairperson-- 14
(a) during a vacancy in the office; or 15
(b) during any period, or all periods, when the chairperson 16
is absent from duty or from the State or, for another 17
reason, can not perform the duties of the office. 18
(2) In this section-- 19
eligible person means an appointed commissioner or another 20
person eligible to be an appointed commissioner. 21
Division 2 Meetings and other business 22
38 Delegation by commission 23
The commission may delegate its powers under this Act to a 24
commissioner. 25
39 Conduct of business 26
Subject to this division, the commission may conduct its 27
business, including its meetings, in the way it considers 28
appropriate. 29
s 40 19 s 43
Service Delivery and Performance Commission
Bill 2005
40 Times and places of meetings 1
(1) Commission meetings are to be held at the times and places 2
the chairperson decides. 3
(2) However, the chairperson must call a meeting if asked, in 4
writing, to do so by at least 4 commissioners. 5
(3) Also, the chairperson must call a meeting at least once in each 6
quarter. 7
41 Quorum 8
A quorum for a commission meeting is any 4 commissioners. 9
42 Deputies for certain commissioners 10
(1) This section applies to a commissioner who is the chief 11
executive of the treasury department or the public service 12
commissioner. 13
(2) The commissioner may, by signed writing, appoint a public 14
service officer as his or her deputy. 15
(3) The commissioner's deputy may attend a commission meeting 16
in the commissioner's absence and exercise the 17
commissioner's powers under this Act at the meeting. 18
(4) A deputy attending a commission meeting is to be counted in 19
deciding if there is a quorum for the meeting. 20
43 Presiding at meetings 21
(1) The chairperson is to preside at all commission meetings at 22
which the chairperson is present. 23
(2) If the chairperson is absent from a commission meeting, the 24
acting chairperson (if any) is to preside. 25
(3) If the chairperson and any acting chairperson are absent from 26
a commission meeting, the commissioner chosen by the 27
commissioners present is to preside. 28
s 44 20 s 47
Service Delivery and Performance Commission
Bill 2005
44 Conduct of meetings 1
(1) The commission may hold meetings, or allow commissioners 2
to take part in its meetings, by using any technology allowing 3
reasonably contemporaneous and continuous communication 4
between persons taking part in the meeting. 5
(2) A person who takes part in a commission meeting under 6
subsection (1) is taken to be present at the meeting. 7
(3) A decision at a commission meeting must be a unanimous 8
decision of the commissioners present. 9
45 Decisions outside meetings 10
A decision of the commission, other than a decision at a 11
commission meeting, is validly made if-- 12
(a) the decision is made with the written agreement of at 13
least 4 commissioners; and 14
(b) notice of the proposed decision is given under 15
procedures approved by the commission. 16
46 Minutes and record of decisions 17
The commission must keep-- 18
(a) minutes of its meetings; and 19
(b) a record of any decisions under section 45. 20
Division 3 Commission staff and agents 21
47 Staff members of the commission 22
(1) The commission may employ the officers and employees the 23
commission considers necessary for the commission. 24
(2) The staff members of the commission are to be employed 25
under the Public Service Act 1996. 26
s 48 21 s 52
Service Delivery and Performance Commission
Bill 2005
48 Staff subject to direction by chairperson 1
The staff members of the commission are subject to the 2
direction of the chairperson in relation to the performance of 3
the commission's functions. 4
49 Agents 5
(1) To meet temporary circumstances, the commission may 6
engage suitably qualified persons to provide it with services, 7
information or advice. 8
(2) A person engaged under subsection (1) is engaged on the 9
terms and conditions decided by the commission and not 10
under the Public Service Act 1996. 11
Part 7 Appointed commissioners 12
50 Appointment 13
(1) The chairperson and the other appointed commissioners are to 14
be appointed by the Governor in Council. 15
(2) The appointment must state the period of the appointment. 16
(3) The appointment is to be made under this Act and not under 17
the Public Service Act 1996. 18
51 Contract of employment 19
(1) Each appointed commissioner must enter into a written 20
contract of employment with the Minister. 21
(2) The contract of employment must include the conditions of 22
employment including the remuneration and allowances to 23
which the commissioner is entitled. 24
52 Appointment full-time or part-time 25
(1) The chairperson is to be appointed on a full-time basis. 26
s 53 22 s 55
Service Delivery and Performance Commission
Bill 2005
(2) The other appointed commissioners are to be appointed on a 1
part-time basis. 2
53 Leave of absence 3
An appointed commissioner may take leave of absence as 4
authorised under his or her contract of employment. 5
54 Eligibility 6
A person is ineligible for appointment as an appointed 7
commissioner if the person-- 8
(a) has a conviction for an indictable offence; or 9
(b) is an insolvent under administration; or 10
(c) holds office as any of the following-- 11
(i) the auditor-general; 12
(ii) the information commissioner; 13
(iii) the integrity commissioner; 14
(iv) an officer of the Crime and Misconduct 15
Commission; 16
(v) the ombudsman. 17
55 Criminal history checks to confirm eligibility 18
(1) To help decide whether a person is suitable for nomination for 19
appointment as an appointed commissioner, the Minister may 20
ask the police commissioner for a written report about the 21
person's criminal history. 22
(2) However, the Minister may only make a request under 23
subsection (1) if the person has given the Minister written 24
consent for the request. 25
(3) If asked by the Minister, the police commissioner must give 26
the Minister a written report about the criminal history of the 27
person. 28
s 56 23 s 58
Service Delivery and Performance Commission
Bill 2005
(4) The duty imposed on the police commissioner applies only to 1
information in the police commissioner's possession or to 2
which the police commissioner has access. 3
(5) The Minister must destroy a report given to the Minister under 4
this section as soon as practicable after it is no longer needed 5
for the purpose for which it was requested. 6
56 Resignation 7
An appointed commissioner may resign by giving a signed 8
notice of resignation to the Minister. 9
57 Preservation of rights 10
(1) This section applies if a public service officer is appointed as 11
an appointed commissioner. 12
(2) The person retains all rights that have accrued to the person 13
because of employment as a public service officer, or that 14
would accrue in the future to the person because of that 15
employment, as if service as an appointed commissioner were 16
a continuation of service as a public service officer. 17
(3) If the person stops being an appointed commissioner and 18
again becomes a public service officer, the person's service as 19
an appointed commissioner is to be regarded as service of a 20
similar kind in the public service for the purpose of 21
determining the person's rights as a public service officer. 22
Part 8 Miscellaneous 23
58 Quarterly reports 24
As soon as practicable after the end of each quarter, the 25
commission must give the Minister a report on its operations 26
for the quarter. 27
s 59 24 s 61
Service Delivery and Performance Commission
Bill 2005
59 Application of other Acts to the commission 1
The commission is-- 2
(a) a unit of public administration under the Crime and 3
Misconduct Act 2001; and 4
(b) a statutory body under the Financial Administration and 5
Audit Act 1977; and 6
(c) a statutory body under the Statutory Bodies Financial 7
Arrangements Act 1982. 8
60 No liability for defamation if statement or report made in 9
good faith 10
(1) It is a lawful excuse for the publication of any defamatory 11
statement made to the commission or in a report of the 12
commission that the publication is made in good faith and is, 13
or purports to be, made for this Act. 14
(2) In this section-- 15
report of the commission-- 16
(a) means any report of the commission under this Act; and 17
(b) includes a separate document mentioned in section 18
33(3). 19
61 Protection from liability 20
(1) An official is not civilly liable to someone for an act done, or 21
omission made, honestly and without negligence under this 22
Act. 23
(2) If subsection (1) prevents a civil liability attaching to an 24
official, the liability attaches instead to the State. 25
(3) In this section-- 26
official means a commissioner, a staff member of the 27
commission, an agent of the commission or another employee 28
of the State. 29
s 62 25 s 63
Service Delivery and Performance Commission
Bill 2005
62 Confidentiality 1
(1) This section applies to a person who-- 2
(a) is or has been a commissioner, a staff member of the 3
commission, an agent of the commission or another 4
employee of the State; and 5
(b) in that capacity acquired protected information or has 6
access to, or custody of, a document containing 7
protected information. 8
(2) The person must not make a record of the information, or 9
disclose the information or give access to the document to 10
anyone else, except-- 11
(a) to the extent necessary to perform the person's functions 12
under or relating to this Act; or 13
(b) if the making of the record, disclosure or giving of 14
access is otherwise required or permitted by law. 15
(3) In this section-- 16
protected information means information that-- 17
(a) is obtained by a person to whom this section applies in 18
relation to a review under this Act or an annual service 19
delivery and performance report; and 20
(b) is not publicly available. 21
63 Enforcement provisions 22
(1) A person who contravenes section 62 commits an offence. 23
Maximum penalty--200 penalty units or 1 years 24
imprisonment. 25
(2) A person must comply with a production requirement unless 26
the person has a reasonable excuse. 27
Maximum penalty--30 penalty units. 28
(3) A person must not state anything to the commission, in 29
response to a production requirement, that the person knows is 30
false or misleading in a material particular. 31
Maximum penalty--30 penalty units. 32
s 64 26 s 66
Service Delivery and Performance Commission
Bill 2005
(4) A person must not give to the commission, in response to a 1
production requirement, a document containing information 2
the person knows is false or misleading in a material 3
particular. 4
Maximum penalty--30 penalty units. 5
(5) Subsection (4) does not apply to a person who, when giving 6
the document-- 7
(a) informs the commission, to the best of the person's 8
ability, how it is false or misleading; and 9
(b) gives the correct information to the commission, if the 10
person has, or can reasonably obtain, the correct 11
information. 12
(6) For a proceeding for an offence against subsection (3) or (4)-- 13
(a) it is enough for the complaint starting the proceeding to 14
state the relevant statement or document was `false or 15
misleading' to the defendant's knowledge, without 16
specifying which; and 17
(b) in the proceeding, evidence that the statement or 18
document was made or given recklessly is evidence that 19
it was made or given so as to be false or misleading. 20
(7) An offence against this Act is a summary offence. 21
64 Approved forms 22
The chairperson may approve forms for use under this Act. 23
65 Regulation-making power 24
The Governor in Council may make regulations under this 25
Act. 26
66 Review of commission's performance 27
During the third year of the commission's establishment, the 28
Minister must-- 29
(a) review the commission's performance of its functions; 30
and 31
s 67 27 s 70
Service Delivery and Performance Commission
Bill 2005
(b) table in the Legislative Assembly a report on the 1
outcome of the review. 2
67 Expiry of Act 3
This Act expires on the day that is 5 years after this section 4
commences. 5
Part 9 Transitional 6
68 First annual work program 7
(1) The commission's first annual work program established 8
under section 14 must relate to the period starting on the day 9
that section commences and ending on 30 June 2007. 10
(2) Section 14(1) does not apply to the first annual work program. 11
69 First annual service delivery and performance report 12
The first annual service delivery and performance report is 13
due by 31 October 2007 and must relate to the period starting 14
on the day section 35 commences and ending on 30 June 15
2007. 16
70 First quarterly report 17
The first report under section 58 is due after the end of the 18
first full quarter after the day section 58 commences and must 19
relate to the period from the day section 58 commences to the 20
end of the full quarter. 21
s 71 28 s 72
Service Delivery and Performance Commission
Bill 2005
Part 10 Amendment of Freedom of 1
Information Act 1992 2
71 Act amended in pt 10 3
This part amends the Freedom of Information Act 1992. 4
72 Amendment of s 39 (Matter relating to investigations by 5
ombudsman or audits by Auditor-General etc.) 6
(1) Section 39, heading, after `ombudsman'-- 7
insert-- 8
`, reviews by Service Delivery and Performance 9
Commission'. 10
(2) Section 39(1)-- 11
insert-- 12
`(c) a review by the Service Delivery and Performance 13
Commission;'. 14
(3) Section 39(2), after `section 92'-- 15
insert-- 16
`or the Service Delivery and Performance Commission Act 17
2005, section 62'. 18
29
Service Delivery and Performance Commission
Bill 2005
Schedule Dictionary 1
section 2 2
agency see section 3. 3
agency chief executive means the chief executive (by 4
whatever name called) of an agency. 5
agent, of the commission, means a person engaged by the 6
commission under section 49. 7
annual service delivery and performance report means a 8
report prepared under section 35. 9
appointed commissioner means a member of the commission 10
mentioned in section 8(a) or (d). 11
auditor-general means the Queensland Auditor-General 12
under the Financial Administration and Audit Act 1977. 13
chairperson means the commissioner holding an appointment 14
as chairperson under section 50. 15
commission means the Service Delivery and Performance 16
Commission. 17
commissioner means a member of the commission. 18
conviction means a conviction other than a spent conviction. 19
criminal history, of a person, means the convictions for 20
indictable offences recorded against the person for offences, 21
in Queensland or elsewhere, whether before or after the 22
commencement of this Act. 23
delivery of services includes integration of services. 24
government entity see the Public Service Act 1996, section 25
21. 26
indictable offence includes an indictable offence dealt with 27
summarily, whether or not the Criminal Code, section 659,1 28
applies to the indictable offence. 29
1 Criminal Code, section 659 (Effect of summary conviction for indictable offences)
30
Service Delivery and Performance Commission
Bill 2005
Schedule (continued)
information, for part 3, see section 9. 1
information commissioner means the Information 2
Commissioner under the Freedom of Information Act 1992. 3
insolvent under administration means an insolvent under 4
administration under the Corporations Act, section 9. 5
integrity commissioner means the Queensland Integrity 6
Commissioner under the Public Sector Ethics Act 1994. 7
parliamentary crime and misconduct commissioner means 8
the Parliamentary Crime and Misconduct Commissioner 9
under the Crime and Misconduct Act 2001. 10
police commissioner means the commissioner of the 11
Queensland Police Service. 12
production requirement means a requirement under section 13
17. 14
public service commissioner means the Public Service 15
Commissioner under the Public Service Act 1996. 16
quarter means a 3 month period starting on 1 January, 1 April, 17
1 July or 1 October of any year. 18
spent conviction means a conviction-- 19
(a) for which the rehabilitation period under the Criminal 20
Law (Rehabilitation of Offenders) Act 1986 has expired 21
under that Act; and 22
(b) that is not revived as prescribed by section 11 of that 23
Act. 24
staff member, of the commission, means an officer or 25
employee employed under section 47. 26
treasury department means the department in which the 27
Financial Administration and Audit Act 1977 is administered. 28
© State of Queensland 2005
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