Queensland Consolidated Acts

INDUSTRIAL RELATIONS ACT 1999 - SCHEDULE 2

(1) The person first appointed as the president after the commencement of section 243 is to receive the salary and allowances that are payable to a Supreme Court judge immediately before the commencement.

(2) The person first appointed as the vice president after the commencement of section 258 is to receive the salary and allowances that were payable to the chief commissioner immediately before the commencement.

(3) After the commencement of this section, the salary and allowances payable to the president, the vice president, a deputy president or a commissioner are to be provided for under the Judicial Remuneration Act 2007.

(4) A person acting as the president, the vice president, a deputy president or a commissioner is entitled to the salary and allowances payable to the president, the vice president, a deputy president or a commissioner.

(5) The salaries and allowances are payable out of the consolidated fund, which is appropriated for the purpose.

(1) The Judges (Pensions and Long Leave) Act 1957, other than sections 2A, 2AA and 15, (the pensions Act) applies with necessary changes to a member and a member's spouse or child in the way it applies to a judge and a judge's spouse or child.

(2) In the pensions Act, a reference to a judge may, if the context permits, be taken to be a reference to a member.

(3) In working out a person's length of service as a member for subsection (1), the following periods must be taken into account--

(a) a period when the person has served as a member, whether under--

(i) a first appointment as a member or a renewal of the appointment; or

(ii) a subsequent appointment;

(b) a period when the person has served as an acting member.

(4) This section does not apply if section 3 applies.

(5) For the purposes of the pensions Act, the salary of a chief commissioner who retired before 2 August 1999 is the salary payable to the vice president.

(1) Section 2 does not confer an entitlement on a member or a member's spouse or child, if either of the following apply--

(a) for a member first appointed to the commission before the commencement of this section--immediately before the commencement, the member was not a member to whom the pensions Act applied;

(b) for a member first appointed to the commission after the commencement of this section--

(i) the member is a member of the scheme and properly elects to continue as a member of the scheme; or

(ii) the member is not a member of the scheme and properly elects to be a member of the scheme.

(2) A member making an election under subsection (1)(b) must do so, by signed notice in duplicate, within 3 months after being first appointed as a member.

(3) A copy of the election must be given to--

(a) the board under the Superannuation (State Public Sector) Act 1990; and

(b) the chief executive of the department in which this Act is administered.

(4) In this section--

scheme means the scheme under the Superannuation (State Public Sector) Act 1990.

(1) The pensions Act, section 15 applies with necessary changes to a member in the way it applies to a judge.

(2) In the pensions Act, section 15, a reference to a judge may, if the context permits, be taken to be a reference to a member.

(3) In the pensions Act, section 15, a reference to the prescribed authority is taken to be a reference to--

(a) the Governor in Council, if--

(i) the member is the president, the vice president or a commissioner holding appointment as ombudsman; and

(ii) the leave of absence applied for by the member is more than 1 month; or

(b) the Minister, if--

(i) the member is the president, the vice president or a commissioner holding appointment as ombudsman; and

(ii) the leave of absence applied for by the member is 1 month or less; or

(c) the president, if the member is a deputy president or a commissioner.

(4) In working out a person's length of service as a member for subsection (1), the following periods must be taken into account--

(a) a period when the person has served as a member, whether under--

(i) a first appointment as a member or a renewal of the appointment; or

(ii) a subsequent appointment;

(b) a period when the person has served as an acting member.

(1) The Minister may grant leave, other than leave mentioned in the pensions Act, section 15, to the president or vice president on the terms the Minister considers appropriate.

(2) The president may grant leave, other than leave mentioned in the pensions Act, section 15, to a deputy president or commissioner on the terms the president considers appropriate.

(3) However, if a commissioner has been appointed as ombudsman, the Minister may grant leave, other than leave mentioned in the pensions Act, section 15, to the commissioner on the terms the Minister considers appropriate.

A member holds office on the terms and conditions, not provided for by this Act or the Judicial Remuneration Act 2007, decided by the Governor in Council.

(1) The Governor in Council may appoint associates to the members of the commission.

(2) An associate holds office on the wages and conditions decided by the Governor in Council.

(3) An associate is to be appointed under this Act, and not under the Public Service Act 2008.

(1) This section applies if the person appointed as the registrar was, immediately before the appointment, a public service officer.

(2) The person keeps the rights the person has accrued because of employment as a public service officer, or that would accrue in the future to the person, as if service as registrar were a continuation of service as a public service officer.

(3) If the person's term of appointment as registrar ends or the person resigns--

(a) the person has the right to be employed as a public service officer--

(i) in the department that is the nearest practical equivalent to the department in which the person was employed as a public service officer immediately before the person last stopped being a public service officer; and

(ii) at the classification level at which the person was employed as a public service officer immediately before the person last stopped being a public service officer; and

(iii) on the remuneration payable to a public service officer on the classification level mentioned in subparagraph (ii); and

(iv) for duties appropriate to the classification level mentioned in subparagraph (ii); and

(b) the person's service as registrar is taken to be service as a public service officer for working out the person's rights as a public service officer.

(4) If the person, immediately before the appointment, was a member of the scheme under the Superannuation (State Public Sector) Act 1990, the person continues to be eligible to be, and to be, a member of the scheme.

The Minister may grant leave of absence to the registrar on the terms the Minister considers appropriate.

The registrar may resign by signed notice given to the Minister.

(1) An inspector holds office on the conditions stated in the instrument of appointment.

(2) An inspector stops holding office--

(a) if the appointment provides for a term of appointment--at the end of the term; and

(b) if the appointment conditions provide--on ceasing to hold another office stated in the appointment conditions (the main office).

(3) An inspector may resign by signed notice of resignation given to the chief executive.

(4) However, an inspector may not resign from the office of inspector (the secondary office) if a condition of the inspector's employment to the main office requires the inspector to hold the secondary office.

(1) In exercising a power, an inspector is subject to the chief inspector's directions.

(2) An inspector's powers may be limited--

(a) under a condition of appointment; or

(b) by notice given by the chief executive to the inspector; or

(c) under a regulation.

(1) The chief executive must give each inspector an identity card.

(2) The identity card must--

(a) contain a recent photo of the inspector; and

(b) be signed by the inspector; and

(c) identify the person as an inspector for this Act; and

(d) include an expiry date for the card.

(3) A person who stops being an inspector must return the person's identity card to the chief executive as soon as possible, but within 21 days, after the person stops being an inspector, unless the person has a reasonable excuse.

Maximum penalty--10 penalty units.

(4) This section does not prevent the giving of a single identity card to a person for this and other Acts or for other purposes.