Queensland Numbered Acts

PUBLIC SERVICE ACT 2008 No. 38

TABLE OF PROVISIONS

           Contents

CHAPTER 1--INTRODUCTION

           Part 1--Preliminary

   1.      Short title
   2.      Commencement
   3.      Main purposes of Act and their achievement
   4.      Dictionary

           Part 2--The Queensland Public Service

           Division 1--Basic concepts

   5.      The public service
   6.      Employment of public service employees
   7.      What are departments
   8.      Who is a public service officer
   9.      Public service employees
   10.     Who is a chief executive
   11.     Relationship between chief executives and their public service employees
   12.     Application of Act to various types of employees etc.
   13.     Act does not apply to particular offices and employment

           Division 2--Departments of government

   14.     Declaration of departments
   15.     Establishment of departments etc.
   16.     Declaration of functions of departments etc.
   17.     Giving functions to departments etc.
   18.     Other powers
   19.     Provision for public service employees and amalgamations
   20.     Existence of separate government entities not affected

           Division 3--Public service offices

   21.     Public service offices and their heads
   22.     General provision for application of Acts to public service offices
   23.     Application of Act to public service offices declared under a regulation

           Division 4--Government entities

   24.     What is a government entity

           Part 3--General public service principles

   25.     The management and employment principles
   26.     Work performance and personal conduct principles

           Part 4--The merit principle

   27.     The merit principle
   28.     Merit criteria
   29.     Directives about applying the merit principle

CHAPTER 2--EQUALITY OF EMPLOYMENT OPPORTUNITY

   30.     General EEO obligation
   31.     Annual EEO reporting requirement
   32.     Exemption from reporting requirement
   33.     Commission chief executive may take action if dissatisfied with report
   34.     Compliance with recommendation

CHAPTER 3--ADMINISTRATION

           Part 1--The Minister's role

           Division 1--General provisions

   35.     Meaning of public service office for pt 1
   36.     Minister's role for the public service and public service offices

           Division 2--Obtaining reports
           Subdivision 1--Commission reports

   37.     Report on effectiveness and efficiency
   38.     Matters that may be included in referral
           Subdivision 2--Other reports
   39.     Chief executive report on management and employment principles
   40.     Obtaining report on functions or activities
   41.     Conduct of management reviews

           Division 3--Miscellaneous provision

   42.     Minister may direct action about surplus public service employees

           Part 2--The Public Service Commission and its role

   43.     Establishment
   44.     Commission represents the State
   45.     Commissioners
   46.     Main functions

           Part 3--Rulings by the commission chief executive and industrial relations Minister

           Division 1--General provisions about rulings

   47.     Types of ruling
   48.     Making of and access to rulings
   49.     General references to a ruling
   50.     Criteria for making a ruling
   51.     Relationship with legislation
   52.     Relationship between directives and industrial instruments

           Division 2--General ruling-making powers

   53.     Rulings by commission chief executive
   54.     Rulings by industrial relations Minister
   55.     Directives to apply Act to general and temporary employees

           Part 4--Particular provisions about the commission and commission reviews

           Division 1--Commissioners
           Subdivision 1--Commission chief executive

   56.     Appointment
   57.     Basis of employment
   58.     Main functions
   59.     Duty in performing functions
   60.     Acting as commission chief executive
   61.     Preservation of commission chief executive's accrued rights
   62.     Delegation
   63.     Resignation
           Subdivision 2--Appointed commissioners
   64.     Appointment
   65.     Disclosure of interests
   66.     Resignation
           Subdivision 3--Miscellaneous provisions
   67.     Criminal history checks to confirm suitability for appointment
   68.     Additional appointment as deputy chairperson

           Division 2--Meetings and other business

   69.     Conduct of business
   70.     Times and places of meetings
   71.     Quorum
   72.     Meeting deputies for particular commissioners
   73.     Presiding at meetings
   74.     Conduct of meetings
   75.     Decisions outside meetings
   76.     Minutes and record of decisions

           Division 3--Staff and agents

   77.     Staff members of the commission
   78.     Staff subject to direction by commission chief executive
   79.     Agents

           Division 4--Commission reviews and reports
           Subdivision 1--Conduct and scope

   80.     Minister to be kept informed of conduct of review
   81.     Minister may obtain information from commission
   82.     Disclosures to commission for review
           Subdivision 2--Reports
   83.     Affected agencies to be given a draft report
   84.     Content
   85.     Procedure for reporting sensitive information

           Division 5--Miscellaneous provisions

   86.     How commission's functions may be performed
   87.     Confidentiality relating to commission reviews
   88.     Protection of commission officials from liability

CHAPTER 4--CHIEF EXECUTIVES, SENIOR EXECUTIVES AND SENIOR OFFICERS

           Part 1--Chief executives

           Division 1--The chief executive service

   89.     Establishment
   90.     Purpose and its achievement
   91.     Chief executive service standards

           Division 2--Appointments

   92.     Appointment of chief executives generally
   93.     Appointment to particular departments
   94.     Acting as chief executive
   95.     Statutory officer as chief executive
   96.     Contractual basis of employment for chief executives
   97.     Term of appointment

           Division 3--Functions

   98.     Responsibilities
   99.     How responsibilities must be discharged
   100.    Extent of chief executive's autonomy

           Division 4--Miscellaneous provisions

   101.    Declaration of interests
   102.    Conflicts of interest
   103.    Delegation
   104.    References in Act to chief executive of a chief executive are to the Minister

           Part 2--Senior executives

           Division 1--The senior executive service

   105.    Senior executive service continued
   106.    Purposes of service and their achievement
   107.    Role of commission chief executive
   108.    Composition
   109.    Senior executive numbers and classification levels

           Division 2--Appointment matters

   110.    Appointment
   111.    Secondments
   112.    Acting senior executives
   113.    Contractual basis of employment
   114.    Term of appointment

           Division 3--Transfers and redeployment

   115.    Transfer of senior executives

           Part 3--Purpose of position of senior officers

   116.    Purpose
   117.    Role of commission chief executive

CHAPTER 5--STAFFING GENERALLY

           Part 1--Preliminary

   118.    Application of ch 5

           Part 2--Appointment matters

           Division 1--General provisions

   119.    Appointment
   120.    Secondment
   121.    Basis of employment—tenure or contract
   122.    Basis of employment for contract employment
   123.    Tenure on ending of particular employment contracts
   124.    Contract terminated on acceptance of tenure
   125.    Basis of employment on tenure—full-time or part-time
   126.    Appointments on probation
   127.    Requirement about citizenship etc.
   128.    Notification of proposed appointments

           Division 2--Reappointment of particular election candidates

   129.    Definitions for div 2
   130.    Request for reappointment
   131.    Dealing with request
   132.    Continuity of service

           Part 3--Transfers and redeployment

   133.    Chief executive's power to transfer or redeploy
   134.    Consequence if transfer refused

           Part 4--Termination, suspension and related matters

           Division 1--General provisions

   135.    Resignation
   136.    Voluntary retirement
   137.    Suspension other than as disciplinary action
   138.    Action because of surplus

           Division 2--Removal of statutory office holders who are term appointees
           Subdivision 1--Preliminary

   139.    What is a statutory office
   140.    Who is a term appointee
           Subdivision 2--Removal of term appointees
   141.    Power to remove
   142.    Other removal powers not affected
           Subdivision 3--Re-employment and entitlements
   143.    Application of sdiv 3
   144.    Entitlement to public service employment
   145.    Commission chief executive's role
   146.    Compensation

           Part 5--General and temporary employees

   147.    Employment of general employees
   148.    Employment of temporary employees
   149.    Review of status of temporary employee

           Part 6--Assessing suitability of persons to be engaged in particular employment

           Division 1--Preliminary

   150.    Definitions for pt 6

           Division 2--Relevant duties

   151.    Application of div 2
   152.    Chief executive may decide to obtain criminal history
   153.    Failure to consent to obtaining criminal history
   154.    Obtaining criminal history with consent
   155.    Assessment of suitability using criminal history report

           Division 3--Child-related duties

   156.    Application of div 3
   157.    Chief executive must obtain police information in particular circumstances
   158.    Failure to consent to obtaining police information
   159.    Obtaining police information with consent
   160.    Information to be given by police commissioner
   161.    Decision by police commissioner that information is investigative information
   162.    Using police information report
   163.    Decision about suitability of person after considering police information report
   164.    Decision-making in relation to discretionary matters
   165.    Chief executive may enter into arrangements about police information

           Division 4--Provisions relating to reports under divisions 2 and 3

   166.    Duty of police commissioner relating to requests for criminal history or police information
   167.    Criminal history or police information no longer required to be obtained
   168.    Police commissioner not to use information given as part of request except for particular circumstances
   169.    Destruction of reports and notices

           Division 5--Other matters including notifications, offences and rulings

   170.    Prosecuting authority to notify chief executive about committal, conviction etc.
   171.    False or misleading statements in consent
   172.    Confidentiality
   173.    Commission chief executive may make rulings for this part

           Part 7--Mental or physical incapacity

   174.    Application of pt 7
   175.    Chief executive may require medical examination
   176.    Employee not to be given sick leave if requirement not complied with
   177.    Medical examination report
   178.    Action following report
   179.    Record of requirement and report

           Part 8--Miscellaneous provisions

   180.    Requirement to give evidence of age
   181.    Requirement to give notice of charge or conviction for indictable offence
   182.    Confidentiality of private information contained in notice
   183.    Work performance arrangements
   184.    Interchange arrangements
   185.    Declaration of interests
   186.    Conflicts of interest

CHAPTER 6--DISCIPLINARY ACTION FOR PUBLIC SERVICE OFFICERS

   187.    Grounds for discipline
   188.    Disciplinary action that may be taken
   189.    Suspension of public service officer liable to discipline
   190.    Procedure for disciplinary action
   191.    Effect of suspension from duty
   192.    Additional procedures for suspension or termination

CHAPTER 7--APPEALS AND REVIEWS

           Part 1--Appeals to the commission chief executive

           Division 1--Right of appeal

   193.    Appeals to commission chief executive
   194.    Decisions against which appeals may be made
   195.    Decisions against which appeals can not be made
   196.    Who may appeal

           Division 2--Appeal procedures

   197.    Starting an appeal
   198.    Notice by commission chief executive of appeal
   199.    Stay of operation of decisions etc.
   200.    Commission chief executive may decline to hear particular appeals
   201.    Appeal is by way of review
   202.    Commission chief executive's functions on appeal
   203.    Commission chief executive may decide procedures
   204.    Representation of parties
   205.    Commission chief executive's powers on appeal
   206.    Withdrawing an appeal
   207.    Lapse of appeal

           Division 3--Deciding appeal

   208.    Decision on appeal
   209.    Criteria for deciding process deficiency
   210.    Reopening decided appeals

           Division 4--Miscellaneous provisions

   211.    Attendance at an appeal is part of an employee's duties
   212.    Public service employee's entitlements for attending appeal as part of duties
   213.    Entitlement of non-public service employees
   214.    Relevant department's or public service office's financial obligation for appeal

           Part 2--Alternate jurisdiction

   215.    Jurisdiction of IRC for industrial matters

           Part 3--Exclusion of particular matters from jurisdiction under other Acts

   216.    Application of pt 3
   217.    Exclusion for Industrial Relations Act 1999
   218.    Exclusion for Judicial Review Act 1991

CHAPTER 8--MISCELLANEOUS PROVISIONS

   219.    Effect of Act on the State
   220.    Provision for acting appointments not by original appointor
   221.    Offences against Act are summary
   222.    Regulation-making power

CHAPTER 9--REPEAL AND TRANSITIONAL PROVISIONS

           Part 1--Repeal provisions

   223.    Acts repealed

           Part 2--Transitional provisions

           Division 1--Preliminary

   224.    Definitions for pt 2

           Division 2--Public service employees

   225.    Existing public service officers generally
   226.    Existing chief executives
   227.    General provision for existing senior executives other than chief executives
   228.    Existing tenured senior executives
   229.    Exclusion from tenure on termination of contract for particular public service officers
   230.    Existing contracts of employment
   231.    Existing general employees
   232.    Existing temporary employees
   233.    Period for first status review of a temporary employee

           Division 3--Rulings

   234.    Existing rulings
   235.    References to existing rulings

           Division 4--Disciplinary action and suspension

   236.    Existing disciplinary action
   237.    Application of disciplinary action provisions to prior acts and omissions
   238.    Existing suspensions

           Division 5--Appeals

   239.    Application of div 5
   240.    Conversion to appeal under this Act
   241.    Provision for former protective appeals
   242.    Appeal documents or information

           Division 6--Former commissioner and commission

   243.    Dissolutions
   244.    References to former commissioner or commission
   245.    Former staff become commission staff

           Division 7--Miscellaneous provisions

   246.    Specific provisions relating to criminal history of a person under the repealed Public Service Act
   247.    Existing term appointees
   248.    Existing delegations by chief executives
   249.    References to repealed Acts
   250.    Corresponding approvals, decisions and notices under the repealed Public Service Act
   251.    Public Service Regulation 2007

CHAPTER 10--AMENDMENT OF ACTS

   252.    Acts amended in sch 3
           SCHEDULE 1 -- PUBLIC SERVICE OFFICES AND THEIR HEADS
           SCHEDULE 2 -- STATUTORY OFFICE HOLDERS WHO ARE NOT TERM APPOINTEES
           SCHEDULE 3 -- MINOR AND CONSEQUENTIAL AMENDMENTS OF OTHER ACTS
           SCHEDULE 4 -- DICTIONARY