Queensland Consolidated Acts

PUBLIC SERVICE ACT 2008 - SECT 228

228 Existing tenured senior executives

(1) This section applies to a person if—

(a) immediately before the changeover day, the person held appointment under the repealed Public Service Act as a senior executive other than a chief executive; and

(b) the person’s employment as a senior executive was on tenure.

(2) The person may, but is not required to, enter into a contract of employment with the person’s chief executive relating to the appointment.

(3) If the person is transferred or redeployed, the person may, but is not required to, enter into a contract of employment with the person’s chief executive for the transferred or redeployed employment.

(4) Chapter 1, part 4 does not apply to the appointment on contract of the person if—

(a) the appointment on contract is to perform duties in the same department at a higher classification level; and

(b) the duties to be performed at the higher classification level are, in the opinion of the person’s chief executive, the same or substantially the same as those performed by the person immediately before the appointment; and

(c) the chief executive and the person agree to the appointment.

(5) Despite section 118(1), sections 135, 136 and 138 apply to the person.

(6) Despite section 218, the Judicial Review Act 1991 continues to apply to a decision about an excluded matter relating to the person.

(7) This section does not limit or otherwise affect section 227.