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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
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