Queensland Consolidated Acts

PUBLIC SERVICE ACT 2008 - SECT 122

122 Basis of employment for contract employment

(1) This section applies if a public service officer’s appointment is to be on contract for a fixed term.

(2) The officer must enter into a written contract of employment with the officer’s chief executive.

Notes—

1 Equivalent contracts under the repealed Public Service Act 1996 , section 70 were commonly called †˜ section 70 contracts’.

2 For the application of this Act to the equivalent contracts, see section 230 .

(3) However, if the officer holds the appointment on tenure immediately before it is to be on contract for a fixed term, the officer may, but is not required to, enter into a contract with the officer’s chief executive relating to the appointment.

(4) If subsection (3) applies and the officer elects to not enter a contract of employment relating to the appointment, the officer continues to hold the appointment on tenure without change in the conditions of the appointment.

(5) In entering into the contract or fixing the terms of the contract, the chief executive must comply with any relevant directive.

(6) Also, the officer’s overall employment conditions under the contract must not, on balance, be less than those that the officer would be entitled to if the officer were appointed on tenure.

(7) If there is a dispute between the parties to the contract about the application of subsection (6) , the IRC may hear and decide the dispute.

(8) The conditions of the officer’s employment are governed by this Act, any relevant directive and the contract.