Queensland Numbered Acts

PUBLIC SECTOR ACT 2022 - SECT 120

120 Employee may request employment at higher classification level after 1 year of continuous acting or secondment

(1) If the public sector employee has been acting at, or seconded to, a higher classification level for a continuous period of at least 1 year, the employee may ask the employee’s chief executive to employ the employee in the position at the higher classification level on a permanent basis, after—

(a) the end of 1 year of acting at, or being seconded to, the higher classification level; and

(b) the end of each subsequent 1-year period.

(2) The employee’s chief executive must decide the request within the required period.

(3) The employee’s chief executive may decide to employ the employee in the position at the higher classification level on a permanent basis only if the chief executive considers the employee is suitable to perform the role.

(4) In making the decision, the employee’s chief executive must have regard to—

(a) the genuine operational requirements of the public sector entity; and

(b) the reasons for each decision previously made, or taken to have been made, under this section in relation to the person during the person’s continuous period of acting at, or secondment to, the higher classification level.

(5) If the employee’s chief executive decides to refuse the request, the chief executive must give the employee a notice stating—

(a) the reasons for the decision; and

(b) the total continuous period for which the employee has been acting at, or seconded to, the higher classification level in the public sector entity; and

(c) how many times the employee’s acting arrangement or secondment has been extended; and

(d) each decision previously made, or taken to have been made, under this section in relation to the employee during the employee’s continuous period of acting at, or secondment to, the higher classification level.

(6) If the employee’s chief executive does not make the decision within the required period, the chief executive is taken to have refused the request.

(7) The commissioner must make a directive about employing an employee at a higher classification level under this section.

(8) In this section—

"continuous period" , in relation to an employee acting at, or seconded to, a higher classification level, has the meaning given under a directive.

"required period" , for making a decision under subsection (2) , means—

(a) the period stated in an industrial instrument within which the decision must be made; or

(b) if paragraph (a) does not apply—28 days after the request is made.

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