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PUBLIC SECTOR ACT 2022 - As at 12 December 2022 - Act 34 of 2022
TABLE OF PROVISIONS
CHAPTER 1 - PRELIMINARY
PART 1 - INTRODUCTION
1. Short title
2. Commencement
3. Main purpose of Act
4. How main purpose is primarily achieved
5. Application of provisions of this Act by another Act
PART 2 - INTERPRETATION
Division 1 - Dictionary
6. Definitions
Division 2 - Key terms
Subdivision 1 - Entities
7. What is the public sector
8. What is a public sector entity
9. What is a public service entity
10. What is a department
11. What is the public service
Subdivision 2 - Employees
12. Who is a public sector employee
13. Who is a public service employee
14. Who is a public service officer
15. Conditions of employment of public sector employee
Subdivision 3 - Chief executives
16. Who is a chief executive
17. Who is a public sector employee’s chief executive
18. Relationship between chief executives and their employees
PART 3 - REFRAMING OF STATE’S RELATIONSHIP WITH ABORIGINAL PEOPLES AND TORRES STRAIT ISLANDER PEOPLES
Division 1 - Preliminary
19. Purpose of part
20. Definitions for part
Division 2 - Responsibilities
21. Responsibilities for supporting a reframed relationship with Aboriginal peoples and Torres Strait Islander peoples
Division 3 - Plan and audit
22. Definition for division
23. Reframing the relationship plan and audit
CHAPTER 2 - EQUITY, DIVERSITY, RESPECT AND INCLUSION
PART 1 - PRELIMINARY
24. Purpose of chapter
25. Definitions for chapter
26. Application of chapter
PART 2 - EQUITY AND DIVERSITY IN EMPLOYMENT
27. Duty to promote equity and diversity
28. Equity and diversity plan
29. Equity and diversity audit and report
30. Request for information
31. Recommendation to take particular action
PART 3 - CULTURE OF RESPECT AND INCLUSION IN THE PUBLIC SECTOR
32. What is a culture of respect and inclusion
33. Duty to promote and support culture of respect and inclusion
34. Request for information
35. Recommendation to take particular action
PART 4 - MISCELLANEOUS
36. Annual report
37. Exemption from particular requirements and obligations
CHAPTER 3 - PUBLIC SECTOR ARRANGEMENTS
PART 1 - PRELIMINARY
38. Application of chapter
PART 2 - PRINCIPLES
39. Public sector principles
40. Work performance and personal conduct principles
41. How chief executive must perform functions and discharge responsibilities
PART 3 - RECRUITMENT AND SELECTION
42. Definition for part
43. Application of part
44. Principles underpinning recruitment and selection
45. Employment on merit and for equity and diversity
46. Directive about recruitment and selection
PART 4 - ELIGIBILITY FOR EMPLOYMENT
47. Requirement for citizenship or residency
PART 5 - SUITABILITY FOR EMPLOYMENT
Division 1 - Preliminary
48. Definitions for part
Division 2 - Criminal history
49. Definition for division
50. Meaning of relevant duty
51. Relationship with other laws
52. Chief executive may decide to obtain criminal history
53. Failure to consent to obtaining criminal history
54. Obtaining criminal history with consent
55. Assessment of suitability using criminal history
Division 3 - Child-related duties
56. Definitions for division
57. Meaning of child-related duty
58. Chief executive must ensure person holds working with children authority
59. Chief executive must ensure police officer or registered teacher who is also a public sector employee holds exemption
60. Chief executive must ensure police officer or registered teacher who is not public sector employee holds exemption
61. Effect of suspension of working with children authority
62. Effect of cancellation of working with children authority
Division 4 - Further assessment of persons issued with working with children authority
63. Definition for division
64. Application of division
65. Relationship with other laws
66. Chief executive may decide to obtain criminal history
67. Failure to consent to obtaining criminal history
68. Obtaining criminal history with consent
69. Assessment of suitability using criminal history
Division 5 - Serious disciplinary action
70. Definition for division
71. Chief executive may require person to disclose serious disciplinary action
72. Assessment of suitability using notice of serious disciplinary action
Division 6 - Change in criminal history
73. Public sector employee must disclose to chief executive charge or conviction for indictable offence
74. Prosecuting authority must disclose to chief executive committals, convictions and other information
Division 7 - Offences
75. Failure to give required notice
76. Giving chief executive false or misleading information in notice
77. False or misleading statements in written consent or other document
Division 8 - Miscellaneous
78. Evidence of identity
79. Destruction of reports and notices
80. Commissioner must make directive for this part
PART 6 - NATURE OF EMPLOYMENT
Division 1 - Security of employment
81. Basis of employment—generally on permanent basis
Division 2 - Mobility of employment
82. Mobility arrangement
PART 7 - NOTIFICATION OF EMPLOYMENT
83. Notification of proposed employment or secondment
84. Notification of employment or secondment
PART 8 - WORK PERFORMANCE AND CONDUCT
Division 1 - Positive performance management
85. Positive performance management principles
86. Requirement to apply positive performance management principles before taking disciplinary action
Division 2 - Conflicts of interest
87. Meaning of interest
88. Declaration of interests—public sector employee
89. Conflicts of interest—public sector employee
Division 3 - Disciplinary action
Subdivision 1 - Preliminary
90. Definitions for division
91. Grounds for discipline
92. Meaning of disciplinary action
Subdivision 2 - Disciplinary action against public sector employee
Note—
93. Disciplinary action against public sector employee
94. Disciplinary action if public sector employee changes employment to another public sector entity
Subdivision 3 - Disciplinary action against former public sector employee
95. Disciplinary declaration if employment as public sector employee ends
Subdivision 4 - Disciplinary action against CCC employee who becomes public sector employee
96. Disciplinary action if CCC employee becomes public sector employee
Subdivision 5 - Procedure
97. Chief executive may ask another chief executive for disciplinary information
98. Procedure for disciplinary action
99. Notice of termination
100. Directive about disciplinary action
Division 4 - Suspension
101. Suspension
102. Directive about suspension
Division 5 - Mental or physical incapacity
103. Application of division
104. Chief executive may require medical examination
105. Employee not to be given sick leave if requirement not complied with
106. Medical examination report
107. Action following report
108. Record of requirement and report
109. Directive about mental or physical incapacity
Division 6 - Employee grievances
110. Directive about employee grievances
PART 9 - REVIEWS
Division 1 - Review of non-permanent employment
111. Definition for division
112. Application of division
113. Employee may request review of status after 1 year of continuous employment
114. Chief executive must make decision on employee’s request
115. Chief executive must review status after 2 years of continuous employment
116. Employee’s right to make additional request for review
117. Chief executive’s discretion to conduct additional review
Division 2 - Review of acting or secondment at higher classification level
118. Definition for division
119. Application of division
120. Employee may request employment at higher classification level after 1 year of continuous acting or secondment
121. Employee’s right to make additional request for review
Division 3 - Review of work performance matters
122. Definitions for division
123. Commission may conduct review of public sector entity’s handling of work performance matters
124. Commission may conduct review of procedural aspect of public sector entity’s handling of current work performance matters
125. Chief executive of public sector entity must provide help for review
126. Exchange of information with external agency
127. Protection from liability for giving information
128. Publication of information about work performance matters
PART 10 - APPEALS
Division 1 - Preliminary
129. Definitions for part
Division 2 - Right of appeal
130. Appeals
131. Decisions against which appeals may be made
132. Decisions against which appeals can not be made
133. Who may appeal
Division 3 - Hearing of appeal
134. Appeal to IRC
135. Attendance at appeal part of employee’s duties
136. Employee’s entitlements for attending appeal
137. Expenses of persons other than public sector employees
138. Public sector entity must pay costs of appeal and expenses
Division 4 - Exclusion of particular matters from other Acts
139. Definition for division
140. Application of division
141. Excluded matters not industrial matters
142. Decisions about excluded matters final
Division 5 - Miscellaneous
143. Directive about appeals
PART 11 - ENDING OF EMPLOYMENT
144. Purpose of part
145. Summary dismissal and ending of employment
PART 12 - SURPLUS
146. Relationship with Industrial Relations Act 2016
147. Chief executive’s power to take action because of surplus
CHAPTER 4 - PUBLIC SERVICE EMPLOYMENT FRAMEWORK
PART 1 - PRELIMINARY
148. Application of chapter
PART 2 - EMPLOYMENT OF GENERAL EMPLOYEES, FIXED TERM TEMPORARY EMPLOYEES AND CASUAL EMPLOYEES
149. General employees
150. Fixed term temporary employees
151. Casual employees
PART 3 - EMPLOYMENT OF PUBLIC SERVICE OFFICERS
152. Public service officers
153. Purposes of senior officer positions
154. Role of commissioner in relation to senior officer positions
155. Employment of public service officers on contract for fixed term
156. Reinstatement of employment on permanent basis if contract ends
157. Termination of contract if person accepts employment on a permanent basis
PART 4 - OTHER EMPLOYMENT ARRANGEMENTS
Division 1 - Preliminary
158. Application of part
159. Application of division 2 or 3 by regulation
Division 2 - Secondment
160. Chief executive’s power to second
Division 3 - Transfer or redeployment
161. Chief executive’s power to transfer or redeploy
162. Consequence if public service officer refuses transfer
Division 4 - Resignation or retirement
163. Resignation
164. Voluntary retirement
CHAPTER 5 - PUBLIC SERVICE CHIEF EXECUTIVES AND SENIOR EXECUTIVES
PART 1 - PRELIMINARY
165. Application of chapter
PART 2 - CHIEF EXECUTIVES
Division 1 - Chief executive service
166. Service continued
167. Purpose of service and achievement
168. Role of commissioner
169. Chief executive service standards
Division 2 - Appointments
170. Appointment by Governor in Council
171. Appointment to particular departments
172. Acting chief executive
173. Statutory officer as chief executive
174. Contractual basis of employment for chief executives
175. Term of appointment
Division 3 - Functions
176. Definition for division
177. Functions and responsibilities of chief executive
178. Extent of chief executive’s autonomy
179. References in Act to chief executive of a chief executive are to Minister
Division 4 - Conflicts of interest
180. Definition for division
181. Meaning of interest
182. Declaration of interests—chief executive of department
183. Conflicts of interest—chief executive of department
PART 3 - SENIOR EXECUTIVES
Division 1 - Senior executive service
184. Senior executive service continued
185. Purpose of service and achievement
186. Role of commissioner
187. Composition
Division 2 - Employment
188. Employment
189. Acting senior executive
190. Contractual basis of employment for senior executives
191. Term of contract
CHAPTER 6 - GOVERNANCE OF PUBLIC SECTOR
PART 1 - THE MINISTER
192. Functions
193. Giving direction
194. Making performance framework
195. Establishing taskforce
196. Taskforce’s functions and staffing arrangements
PART 2 - DEPARTMENTS OF GOVERNMENT
197. Declaration of departments
198. Changes relating to departments or other government entities
199. Declaration of functions
200. Changes relating to functions
201. Other powers
202. Provision for public service employees and amalgamations
203. Existence of separate government entities not affected
PART 3 - PUBLIC SECTOR COMMISSION
204. Continuation of commission
205. Membership
206. Commission represents State
207. Functions
208. Powers
209. Staff members of commission
210. Staff member subject to direction by commissioner
211. Agents
PART 4 - PUBLIC SECTOR COMMISSIONER
212. Appointment
213. Disqualification as commissioner
214. Term
215. Remuneration and conditions
216. Vacancy in office
217. Functions and responsibilities of commissioner
218. Powers
219. Acting as commissioner
220. Preservation of rights
PART 5 - DIRECTIVES
221. Directive binding
222. Making of directive—commissioner
223. Making of directive—industrial relations Minister
224. Consultation for directives
225. Advice about making directive
226. Joint directives
227. Directive may apply Act to public sector employees
228. Relationship with legislation
229. Relationship with industrial instrument
PART 6 - SPECIAL COMMISSIONERS
230. Appointment
231. Disqualification as special commissioner
232. Term
233. Remuneration and conditions
234. Vacancy in office
235. Conflicts of interest
236. Functions
237. Powers
238. Preservation of rights
239. Special commissioner subject to direction of chairperson of council
PART 7 - PUBLIC SECTOR GOVERNANCE COUNCIL
240. Establishment
241. Membership
242. Community representatives
243. Disqualification as community representative
244. Vacancy in office
245. Council represents State
246. Chairperson
247. Functions
248. Powers
249. Number and classification levels of senior executive roles
250. Head of practice area
251. Conduct of business
PART 8 - PUBLIC SECTOR REVIEWS
Division 1 - Preliminary
252. Definitions for part
253. What is a public sector review
Division 2 - Initiating public sector review
254. Minister or council may ask for public sector review
255. Public sector review about public sector entity
Division 3 - Functions and powers of reviewing entity
256. How reviewing entity’s functions may be performed
257. Powers for conducting public sector review
Division 4 - Conduct of review
258. Referring entity to be kept informed
259. Referring entity may obtain information
260. Disclosure of documents or information
261. Reviewing entity to prepare report
262. Procedure for reporting sensitive information
263. Reporting to referring entity
PART 9 - COMPLAINTS MANAGEMENT SYSTEM
264. Public sector entity must have complaints management system
PART 10 - MISCELLANEOUS
265. Criminal history checks to confirm suitability for appointment
CHAPTER 7 - MATTERS APPLYING TO PUBLIC SERVICE EMPLOYEES AND OTHER INDIVIDUALS
PART 1 - PROTECTION FROM CIVIL LIABILITY
266. Main purpose of part
267. Definition for part
268. Application of part
269. Civil liability of prescribed person for engaging in conduct in official capacity
270. Civil liability of prescribed person if another Act provides for protection from civil liability
PART 2 - RIGHT TO REAPPOINTMENT AFTER CANDIDATURE IN ELECTION
271. Definitions for part
272. Right of reappointment
273. Continuity of employment
CHAPTER 8 - GENERAL
PART 1 - APPLICATION OF OTHER ACTS TO PARTICULAR PUBLIC SERVICE ENTITIES
274. Other Acts apply to particular public service entities as if entities were departments
PART 2 - GOVERNMENT ENTITIES
275. Purpose of part
276. What is a government entity
PART 3 - CONFIDENTIALITY
277. Definitions for part
278. Duty of confidentiality
279. Use or disclosure for authorised purpose
PART 4 - DELEGATION
280. Definition for part
281. Delegation of Minister’s functions
282. Delegation of chief executive’s functions
283. Delegation of commissioner’s functions
284. Delegation of special commissioner’s functions
PART 5 - MISCELLANEOUS
285. Effect of Act on State
286. Approved forms
287. Regulation-making power
288. Transitional regulation-making power
CHAPTER 9 - REPEAL, SAVINGS AND TRANSITIONAL PROVISIONS
PART 1 - REPEAL
289. Repeal
PART 2 - SAVINGS AND TRANSITIONAL PROVISIONS
Division 1 - Preliminary
290. Definitions for part
291. Words have meanings given by repealed Act
Division 2 - Savings provisions
292. Definitions for division
293. Express references to principles of natural justice
294. Express references to reasonably performing function or reasonably exercising power
Division 3 - Public service employees
295. Existing public service employees
296. Existing public service officers
297. Existing chief executives
298. Existing commission chief executive
299. Existing secondments, transfers or redeployments
300. Existing requirements to disclose previous history of serious disciplinary action
301. Existing work performance arrangements
302. Existing interchange arrangements
303. Existing consents to obtain criminal history
304. Existing declarations of interest by chief executives
305. Existing declarations of interest by persons
306. Existing requirements to attend medical examination
Division 4 - Directives
307. Existing directives by commission chief executive
308. Existing directives by industrial relations Minister
309. References to existing directives
Division 5 - Delegations
310. Existing delegations by chief executives
311. Existing delegations by commission chief executive
Division 6 - Disciplinary action and suspension
312. Existing disciplinary action
313. Existing disciplinary finding
314. Disciplinary ground arising before commencement
315. Existing suspensions
316. Reason for suspension arising before commencement
Division 7 - Reviews and appeals
317. Existing request to review employment status
318. Existing review by chief executive of employment status
319. Existing request to employ person at higher classification level
320. Existing review by commission of department’s handling of work performance matters
321. Reason for review of work performance matter arising before commencement
322. Existing review by commission of procedural aspect of department’s handling of current work performance matter
323. Reason for review of procedural aspect of public sector entity’s handling of current work performance matter arising before commencement
324. Existing appeal
Division 8 - Miscellaneous
325. Application of transitional provisions in relation to provisions applied to public service offices
326. References to repealed Act
CHAPTER 10 - AMENDMENT OF ACTS
PART 1 - AMENDMENT OF THIS ACT
327. Act amended
328. Amendment of long title
PART 2 - AMENDMENT OF AMBULANCE SERVICE ACT 1991
329. Act amended
330. Omission of s 13A (Requirement to disclose previous history of serious disciplinary action)
331. Omission of s 16 (No additional remuneration)
332. Omission of s 18 (Retrenchment and redundancy)
333. Omission of pt 2, div 4 (Disciplinary action for service officers and former service officers)
334. Amendment of s 41 (Codes of practice)
335. Insertion of new pt 8, div 10
336. Amendment of sch 1 (Dictionary)
PART 2A - AMENDMENT OF ANTI-DISCRIMINATION ACT 1991
336A. Act amended
336B. Insertion of new ch 9, pt 2
336C. Insertion of new ch 11, pt 8
336D. Amendment of sch 1 (Dictionary)
PART 3 - AMENDMENT OF CORRECTIVE SERVICES ACT 2006
337. Act amended
338. Insertion of new s 217A
339. Amendment of s 285 (Appointing official visitor)
PART 4 - AMENDMENT OF CRIME AND CORRUPTION ACT 2001
340. Act amended
341. Insertion of new ss 221B–221D
PART 4A - AMENDMENT OF ELECTORAL ACT 1992
341A. Act amended
341B. Insertion of new pt 2, div 4
341C. Insertion of new pt 13, div 12
PART 5 - AMENDMENT OF FIRE AND EMERGENCY SERVICES ACT 1990
342. Act amended
343. Omission of ss 25B and 25C
344. Amendment of s 26 (Conditions of employment)
345. Omission of s 27 (Additional remuneration)
346. Amendment of s 28 (Retirement)
347. Omission of s 29 (Retrenchment)
348. Omission of ch 3, pt 4, div 3 (Disciplinary action)
349. Insertion of new ch 5, pt 5, div 10
350. Amendment of sch 6 (Dictionary)
PART 6 - AMENDMENT OF LEGAL AID QUEENSLAND ACT 1997
351. Act amended
352. Insertion of new ss 42A and 42B
PART 7 - AMENDMENT OF OMBUDSMAN ACT 2001
353. Act amended
354. Insertion of new ss 75A–75C
PART 8 - AMENDMENT OF SUPREME COURT LIBRARY ACT 1968
355. Act amended
356. Insertion of new s 3A
PART 9 - AMENDMENT OF TAFE QUEENSLAND ACT 2013
357. Act amended
358. Omission of ss 30 and 31
359. Amendment of s 40 (Content of plan)
360. Amendment of s 60 (Delegation by TAFE Queensland)
361. Amendment of s 61 (Delegation by chief executive officer)
362. Amendment of s 65 (Protection from liability)
363. Insertion of new pt 6, div 3
364. Amendment of sch 1 (Dictionary)
CHAPTER 11 - OTHER AMENDMENTS
365. Acts amended
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
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