Queensland Numbered Acts

PUBLIC SECTOR ACT 2022 - SECT 341B

341B Insertion of new pt 2, div 4

Part 2 —
insert—

Division 4 - Strategic reviews

33A Strategic review of commission and commissioners

(1) Strategic reviews of the commission and commissioners are to be conducted under this division.

(2) A strategic review is to be conducted at least every 5 years, counting from when the report (the
"earlier report" ) for the most recent earlier strategic review was given to the Minister and the electoral commissioner under section 33C(4), up to when the reviewer is appointed under subsection (4) to undertake the latest strategic review.

(3) However, if the parliamentary committee reported to the Legislative Assembly about the earlier report, and the committee’s report made recommendations to which a Minister was required to respond under the Parliament of Queensland Act 2001 , section 107 , the 5 years is counted from when the Minister’s response was tabled under that section.

(4) Each strategic review is to be undertaken by an appropriately qualified person (
"reviewer" ), appointed by the Governor in Council, who is to give a report on the review under section 33C.

(5) For subsection (4), a corporation is an appropriately qualified person if a director, employee or other staff member of the corporation is appropriately qualified to undertake the review.

(6) The terms of reference for a strategic review are to be decided by the Governor in Council.

(7) Before a reviewer is appointed to conduct a strategic review, the Minister must consult with the parliamentary committee and the electoral commissioner about—

(a) the appointment of the reviewer; and

(b) the terms of reference for the review.

(8) The remuneration and other terms of appointment of the reviewer are as decided by the Governor in Council.

(9) In this section—

"strategic review" includes—

(a) a review of the functions of the commission and commissioners; and

(b) a review of the performance of the functions of the commission and commissioners to assess whether they are being performed economically, effectively and efficiently.

33B Conduct of strategic review In conducting a strategic review—

(a) the reviewer has the powers an authorised auditor has under the Auditor-General Act 2009 for an audit of an entity; and

(b) that Act and other Acts apply to the reviewer as if the reviewer were an authorised auditor conducting an audit of an entity.

33C Report of strategic review

(1) The reviewer for a strategic review must give a copy of the proposed report on the review to the Minister and the electoral commissioner.

(2) The electoral commissioner may, within 21 days after receiving the proposed report, give the reviewer written comments on anything in the proposed report.

(3) If the electoral commissioner comments under subsection (2), the reviewer must—

(a) if the reviewer and electoral commissioner can agree about how to dispose of a comment—incorporate into the report any agreed amendment necessary to dispose of the comment; or

(b) if the reviewer and electoral commissioner can not agree about how to dispose of a comment—include the comment, in full, in the report.

(4) After complying with subsections (1) and (3), the reviewer must give the report (
"review report" ) to the Minister and the electoral commissioner.

(5) The review report must be the same as the proposed report given to the Minister and the electoral commissioner under subsection (1), apart from the changes made under subsection (3).

(6) The Minister must table the review report in the Legislative Assembly within 3 sitting days after the Minister receives the report.

(7) For the Parliament of Queensland Act 2001 , section 92 (2) , the report is referred to the parliamentary committee.

33D Power of Minister to postpone strategic review

(1) The Minister may postpone a strategic review to be conducted under this division by not more than 2 years starting at the end of the 5-year period counted under section 33A(2) or (3).

(2) The Minister may exercise the power under subsection (1) only if the Minister—

(a) is satisfied the postponement is necessary having regard to the commission’s functions in conducting a general election or a quadrennial election; and

(b) has consulted with, and had regard to the views of, the electoral commissioner and the parliamentary committee about the postponement and the length of the postponement.

(3) The Minister may exercise the power under subsection (1) only once in each 5-year period counted under section 33A(2) or (3).

(4) If the Minister exercises the power under subsection (1), the Minister must table a notice stating—

(a) the length of the postponement; and

(b) the reasons for the postponement.

(5) The Minister must table the notice before the end of the 5-year period counted under section 33A(2) or (3).

(6) In this section—

"quadrennial election" see the Local Government Electoral Act 2011 , schedule 2.