Queensland Consolidated Acts

PUBLIC SERVICE ACT 2008

- As at 1 July 2021
- Act 38 of 2008

TABLE OF PROVISIONS

           Long Title

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

           Division 1 - Management and employment

   25.     The management and employment principles
   25A.    Positive performance management principles

           Division 2 - Work performance and personal conduct

   26.     Work performance and personal conduct principles

           Division 3 - Supporting principles under divisions 1 and 2

   26A.    Main purpose of div 3
   26B.    Application of div 3
   26C.    Civil liability of State employee for engaging in conduct in official capacity

   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.     (Repealed)
   41.     (Repealed)

           Division 3 - Miscellaneous provision

   42.     Minister may direct action about surplus public service employees

   PART 1A - SPECIAL COMMISSIONER

   42A.    Functions
   42B.    Appointment of special commissioner
   42C.    Preservation of rights
   42D.    Special commissioner subject to direction of commission chief executive

   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
   49A.    Consultation for directives
   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
   54A.    Joint rulings
   55.     Directives to apply Act to general, fixed term temporary and casual 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 - Chairperson

   64.     Appointment
   65.     Disclosure of interests
   66.     Resignation

              Subdivision 3 - Miscellaneous provisions

   67.     Criminal history checks to confirm suitability for appointment
   68.     (Repealed)

           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 generally 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.     (Repealed)

   PART 5 - (Repealed)

   PART 6 - FUNCTIONS OF COMMISSION RELATING TO WORK PERFORMANCE MATTERS

   88H.    Definitions for pt 6
   88I.    Commission may conduct review of department’s handling of work performance matters
   88IA.   Commission may conduct review of procedural aspect of department’s handling of current work performance matters
   88J.    Chief executive of department to provide help for review under s 88I
   88K.    Exchange of information with external agency
   88L.    Protection from liability for giving information
   88M.    Confidentiality of information
   88N.    Publication of information about work performance matters

   PART 7 - ADMINISTRATIVE INQUIRIES

   88O.    Minister may ask for administrative inquiry
   88P.    Powers for conducting administrative inquiry
   88Q.    Report on administrative inquiry

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.    Right of reappointment
   131.    (Repealed)
   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

   135.    Resignation
   136.    Voluntary retirement
   137.    Suspension
   137A.   Commission chief executive must make directive about procedure for suspension
   138.    Action because of surplus
   139.    (Repealed)
   140.    (Repealed)
   141.    (Repealed)
   142.    (Repealed)
   143.    (Repealed)
   144.    (Repealed)
   145.    (Repealed)
   146.    (Repealed)

   PART 5 - GENERAL, FIXED TERM TEMPORARY AND CASUAL EMPLOYEES

   147.    Employment of general employees
   148.    Employment of fixed term temporary employees
   148A.   Employment of casual employees
   149.    Fixed term temporary employees and casual employees may ask for review of status after 1 year of continuous employment
   149A.   Decision on review of status
   149B.   Review of status after 2 years continuous employment
   149C.   Appointing public service employee acting in position at higher classification level

   PART 6 - ASSESSING SUITABILITY OF PERSONS TO BE ENGAGED IN PARTICULAR EMPLOYMENT

           Division 1 - Preliminary

   150.    Definitions for pt 6

           Division 2 - Relevant duties

              Subdivision 1 - General

   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

              Subdivision 2 - Changes in criminal history of persons engaged by department of communities

   155A.   Definitions for sdiv 2
   155B.   Engaged person to disclose change in criminal history
   155C.   Failing to make disclosure or making false, misleading or incomplete disclosure
   155D.   Chief executive (communities) may obtain report from police commissioner
   155E.   Use of information obtained under this subdivision
   155F.   Person to be advised of information obtained from police commissioner
   155G.   Guidelines for dealing with information obtained under this subdivision

           Division 3 - Child-related duties

   156.    Application of div 3
   157.    Definitions for div 3
   158.    Working with children authority required for child-related duties
   159.    (Repealed)
   160.    (Repealed)
   161.    Engaging police officer or registered teacher who is a public service employee before exemption issued
   162.    Engaging police officer or registered teacher who is not public service employee before exemption issued
   163.    Effect of suspension or cancellation of working with children authority

           Division 3A - Further assessment of person to whom working with children authority is issued

   164.    This division does not apply to particular engagements
   165.    Application of Criminal Law (Rehabilitation of Offenders) Act 1986
   165A.   Chief executive may decide to obtain criminal history
   165B.   Failure to consent to obtaining criminal history
   165C.   Obtaining criminal history with consent
   165D.   Assessment of suitability using criminal history report

           Division 4 - Provisions relating to reports under divisions 2 and 3A and other information etc.

   166.    Duty of police commissioner relating to requests for criminal history
   167.    Criminal history 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
   179AA.  Directives about applying this part

   PART 8 - MISCELLANEOUS PROVISIONS

   179A.   Requirement to disclose previous history of serious disciplinary action
   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 EMPLOYEES AND FORMER PUBLIC SERVICE EMPLOYEES

   PART 1 - PRELIMINARY

   186A.   Definitions for ch 6
   186B.   References to prescribed employees
   186C.   Requirement to apply positive performance management principles before taking disciplinary action for performance

   PART 2 - DISCIPLINARY ACTION

           Division 1 - Grounds for discipline and disciplinary action generally

   187.    Grounds for discipline
   187A.   How disciplinary action may be taken against a public service employee after the employee changes employment
   188.    Disciplinary action that may be taken against a public service employee

           Division 2 - Disciplinary action against former public service employee

   188A.   Disciplinary action that may be taken against a former public service employee

           Division 3 - Disciplinary action against a public service employee who was a prescribed employee

   188AB.  Application of division
   188AC.  Action previous chief executive may take
   188AD.  Action current chief executive may take
   188AE.  Application of division if the current and previous chief executive are the same person

           Division 4 - Other provisions about disciplinary action

   188B.   Information about disciplinary action to be given by chief executive
   189.    (Repealed)
   190.    Procedure for disciplinary action
   191.    (Repealed)
   192.    Additional procedures for termination
   192A.   Commission chief executive must make directives about disciplinary action and investigating grounds for discipline and grievances

CHAPTER 7 - APPEALS AND REVIEWS

   PART 1 - APPEALS

           Division 1 - Right of appeal

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

           Division 1A - (Repealed)

           Division 2 - Appeals

   197.    Appeal to IRC
   198.    (Repealed)
   199.    (Repealed)
   200.    (Repealed)
   201.    (Repealed)
   202.    (Repealed)
   203.    (Repealed)
   203A.   (Repealed)
   203B.   (Repealed)
   204.    (Repealed)
   205.    (Repealed)
   206.    (Repealed)
   207.    (Repealed)
   208.    (Repealed)
   209.    (Repealed)
   210.    (Repealed)
   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
   214A.   (Repealed)
   214B.   Commission chief executive must make directive for this part

   PART 2 - (Repealed)

   PART 3 - EXCLUSION OF PARTICULAR MATTERS FROM JURISDICTION UNDER OTHER ACTS

   216.    Application of pt 3
   217.    Exclusion for Industrial Relations Act 2016
   218.    Exclusion for Judicial Review Act 1991

   PART 4 - MISCELLANEOUS

   218A.   Commission chief executive must make directive about dealing with individual employee grievances
   218B.   (Repealed)
   218C.   (Repealed)

CHAPTER 8 - MISCELLANEOUS PROVISIONS

   219.    Effect of Act on the State
   219A.   Departments to have complaints management system for customer complaints
   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 FOR ACT NO. 38 OF 2008

           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

   PART 3 - TRANSITIONAL PROVISIONS FOR THE CRIMINAL CODE AND OTHER LEGISLATION (MISCONDUCT, BREACHES OF DISCIPLINE AND PUBLIC SECTOR ETHICS) AMENDMENT ACT 2009

   252.    Definition for pt 3
   253.    Disciplinary action
   254.    Former public service officer

   PART 4 - TRANSITIONAL PROVISION FOR THE INTEGRITY ACT 2009

   255.    Declaration of interests by chief executives

   PART 5 - TRANSITIONAL PROVISIONS FOR CRIMINAL HISTORY SCREENING LEGISLATION AMENDMENT ACT 2010

   256.    Definitions for pt 5
   257.    Application of s 155B
   258.    Persons being considered for engagement, or engaged, in child-related duties or regulated employment at the commencement
   259.    Request for police information not complied with at the commencement
   260.    Particular police information obtained before commencement
   261.    Particular appeals and appeal rights continue
   262.    Particular information etc. obtained before commencement
   263.    Notice not given by prosecuting authority at the commencement

   PART 6 - TRANSITIONAL PROVISIONS FOR CHILD PROTECTION AND OTHER ACTS AMENDMENT ACT 2010

   264.    Definition for pt 6
   265.    CCYPCG commissioner request for criminal history report not complied with at the commencement
   266.    Criminal history reports obtained by CCYPCG commissioner before commencement
   267.    Notice not given to CCYPCG commissioner by prosecuting authority at the commencement

   PART 7 - TRANSITIONAL PROVISIONS FOR INTEGRITY REFORM (MISCELLANEOUS AMENDMENTS) ACT 2010

   268.    Definitions for pt 7
   269.    Appeals officer
   270.    Appointments on probation if probationary period has not ended
   271.    Application of s 127 to appointments made before the commencement
   272.    Review of status of general employees employed on a temporary basis before the commencement
   273.    Review of status of temporary employees employed more than 2 years at the commencement
   274.    Disciplinary action against general and temporary employees
   275.    Disciplinary action against former general and temporary employees
   276.    Appeals not started at commencement
   277.    Appeals started at commencement
   278.    Reopening decisions made before the commencement
   279.    (Repealed)

   PART 8 - (Repealed)

   PART 9 - TRANSITIONAL PROVISIONS FOR INDUSTRIAL RELATIONS (FAIR WORK ACT HARMONISATION) AND OTHER LEGISLATION AMENDMENT ACT 2012

   281.    Definitions for pt 9
   282.    Appointment of former appeals officer and former delegate ends at commencement
   283.    Appeals started after commencement
   284.    Appeals started before commencement

   PART 10 - TRANSITIONAL PROVISION FOR INDUSTRIAL RELATIONS (TRANSPARENCY AND ACCOUNTABILITY OF INDUSTRIAL ORGANISATIONS) AND OTHER ACTS AMENDMENT ACT 2013

   285.    Practice directions etc. for appeals started before commencement

   PART 11 - TRANSITIONAL PROVISIONS FOR PUBLIC SERVICE AND OTHER LEGISLATION (CIVIL LIABILITY) AMENDMENT ACT 2014

   286.    Definitions
   287.    Application of s 26C and continued application of protection provisions
   288.    Relationship of ch 1, pt 3, div 3 if civil liability dealt with by another Act

   PART 12 - TRANSITIONAL PROVISIONS FOR INDUSTRIAL RELATIONS ACT 2016

   289.    Rulings
   289A.   Review of status of temporary employees—reviews triggered before commencement
   289B.   Review of status of casual employees
   290.    Appeals under ch 7, pt 1

   PART 13 - TRANSITIONAL PROVISION FOR CRIME AND CORRUPTION AND OTHER LEGISLATION AMENDMENT ACT 2018

   291.    Disciplinary action against a public service employee who was a relevant commission officer

   PART 14 - TRANSITIONAL AND VALIDATION PROVISIONS FOR PUBLIC SERVICE AND OTHER LEGISLATION AMENDMENT ACT 2020

   292.    References to temporary employees
   293.    Application of s 149 for existing temporary or casual employees
   294.    Continuation of previous section 149 for particular temporary employees
   294A.   Application of s 149B for existing temporary and casual employees
   295.    Application of s 149C for public service employees acting at higher classification levels
   296.    Application of s 187 for existing disciplinary processes
   297.    Appeals not started before commencement
   298.    Appeals started before commencement
   299.    Continuation of IRC members for particular appeals
   300.    Application of directive under s 214B to commission
   301.    Validation of particular acts or omissions of WHS prosecutor
           SCHEDULE 1
           Schedule 2 (Repealed)
           SCHEDULE 4