Queensland Consolidated Acts

PUBLIC SERVICE ACT 2008 - SECT 26B

26B Application of div 3

(1) This division applies to each of the following—

(a) a public service employee;

(b) a ministerial staff member within the meaning of the Ministerial and Other Office Holder Staff Act 2010 ;

(c) a person mentioned in section 13 (2) ;

(d) a person appointed under an Act (other than this Act) if the appointment involves the person acting for or representing the State;

(e) a person who is not a public service employee but who is a member or employee of a government entity that represents the State;

(f) a person (other than a public service employee) to whom a function or power of a person mentioned in paragraph (a) , (d) or (e) is delegated under an Act;

(g) another person prescribed by regulation as a State employee.

(2) Also, this division applies to a person who was a person of the type mentioned in subsection (1) at the time the person engaged in conduct in an official capacity.

(3) Despite subsections (1) and (2) , this division does not apply to the following—

(a) a person who is the holder of an office mentioned in section 13 (1) ;

(b) a person to whom the Police Service Administration Act 1990 , section 10.5 applies;

(c) a person employed in or appointed by—

(i) a GOC; or

(ii) a subsidiary of a GOC under the Corporations Act ; or

(iii) a government entity within the meaning of the Government Owned Corporations Act 1993 declared by regulation under that Act to be a subsidiary of a GOC; or

(iv) a government company within the meaning of the Government Owned Corporations Act 1993 , section 2 ;

(d) another person prescribed by regulation as a person who is not a State employee, including a person to whom this division would otherwise apply because of subsection (1) (d) , (e) or (f) .

(4) A person to whom this division applies is a
"State employee" .