Queensland Numbered Acts

PUBLIC SECTOR ACT 2022 - SECT 8

8 What is a public sector entity

(1) A
"public sector entity" is—

(a) a public service entity; or

(b) an entity, other than a public service entity, prescribed by regulation as a public sector entity; or

(c) a registry or other administrative office of a court or tribunal of the State; or

(d) an agency, authority, commission, corporation, instrumentality, office, or other entity, other than an entity mentioned in paragraph (a) , (b) or (c) , established under an Act for a public or State purpose.

(2) However, none of the following is a public sector entity—

(a) a local government;

(b) a corporation owned by a local government, or a subsidiary of a corporation owned by a local government;

(c) the parliamentary service established under the Parliamentary Service Act 1988 ;

(d) the Governor’s official residence (known as ‘Government House’) and its associated administrative unit;

(e) the Executive Council;

(f) the Legislative Assembly;

(g) a court of the State;

(h) the police service to the extent that it does not include staff members mentioned in the Police Service Administration Act 1990 , section 2 . 5(1)(a) or 2.5(1)(b)(ii);

(i) a community justice group established under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 ;

(j) a school council established under the Education (General Provisions) Act 2006 ;

(k) a parents and citizens association formed under the Education (General Provisions) Act 2006 , chapter 7 ;

(l) a university established under an Act;

(m) a co-operative under the Co-operatives National Law (Queensland) for primary producers that is not in receipt of moneys of, or financial assistance from, the State;

(n) an association incorporated under the Associations Incorporation Act 1981 ;

(o) a government owned corporation, unless a regulation prescribes it to be a public sector entity;

(p) a national system employer within the meaning of the Fair Work Act 2009 (Cwlth) , section 14 , including a national system employer mentioned in section 30N of that Act;

(q) the council;

(r) a taskforce established under section 195 ;

(s) another entity prescribed by another Act for this section not to be a public sector entity;

(t) another entity, or part of another entity, prescribed by regulation for this section not to be a public sector entity.

(3) Also, if a public sector entity mentioned in subsection (1) (d) is part of a department, the public sector entity is taken not to have an existence as a public sector entity, separate to the existence of the department as a public sector entity, for the purpose of this Act.

(4) In this section—

"court" includes a court of record.