Queensland Numbered Acts

PUBLIC SECTOR ACT 2022 - SECT 114

114 Chief executive must make decision on employee’s request

(1) This section applies if a public sector employee makes a request under section 113 .

(2) The employee’s chief executive must decide the request within 28 days after receiving the request.

(3) The employee’s chief executive may decide to offer to convert the employee’s employment to a permanent basis only if—

(a) the employee’s chief executive considers—

(i) there is a continuing need for someone to be employed in the employee’s role, or a role that is substantially the same as the employee’s role; and

(ii) the employee is suitable to perform the role; and

(b) any requirements of an industrial instrument are complied with in relation to the decision.

(4) If the matters in subsection (3) are satisfied, the employee’s chief executive must decide to offer to convert the employee’s employment to a permanent basis, unless it is not viable or appropriate to do so having regard to the genuine operational requirements of the public sector entity.

(5) If the employee’s chief executive decides not to offer to convert the employee’s employment to a permanent basis, the chief executive must give the employee a notice stating—

(a) the reasons for the decision; and

(b) the total period for which the employee has been continuously employed under section 113 (3) in the public sector entity; and

(c) how many times the employee’s employment on a non-permanent basis has been extended.

(6) Subsection (5) (c) does not apply in relation to employment on a casual basis.

(7) If the employee’s chief executive does not make the decision within the period required under subsection (2) , the chief executive is taken to have decided not to offer to convert the employee’s employment to a permanent basis and to continue the employee’s employment according to the terms of the employee’s existing employment.

(8) The commissioner must make a directive about the making of a decision under this section.

(9) In this section—

"suitable" , in relation to an employee performing a role, has the meaning given under a directive.