Queensland Numbered Acts

STATUTORY BODIES LEGISLATION AMENDMENT ACT 2007 No. 20 - SECT 31

After part 3--

insert--

'(1) The Major Sports Facilities Employing Office is established.

'(2) The employing office consists of--

(a) the executive officer; and

(b) the employees of the employing office.

'(3) The employing office is a separate entity from the Authority.

'(1) The employing office represents the State.

'(2) Without limiting subsection (1), the employing office has the status, privileges and immunities of the State.

'(1) The main functions of the employing office are--

(a) entering into, for the State, a work performance arrangement with the Authority under which employees of the employing office perform work for the Authority; and

(b) employing, for the State, staff to perform work for the Authority under the work performance arrangement; and

(c) doing anything incidental to the discharge of the functions mentioned in paragraphs (a) and (b).

'(2) Also, the employing office has any other function conferred on the employing office under this or another Act.

'(3) This section does not limit the employing office's power to enter into and give effect to a work performance arrangement under section 30AG with a government entity other than the Authority.

'(1) There is to be an executive officer of the employing office.

'(2) The executive officer is to be appointed by the Governor in Council.

'(3) The executive officer is appointed under this Act and not under the Public Service Act 1996.

'(1) The employing office acts through the executive officer.

'(2) Anything done by the executive officer in the name of, or for, the employing office is taken to have been done by the employing office.

'(1) The employing office may, for the State, employ staff.

'(2) A person employed under subsection (1) is an employee of the employing office.

'(3) The employing office may decide the terms of employment of the employees of the employing office.

'(4) Subsection (3) applies subject to any relevant industrial instrument.

'(5) Employees of the employing office are employed under this Act and not under the Public Service Act 1996.

'(1) The employing office may, for the State, enter into and give effect to a work performance arrangement with--

(a) the Authority; or

(b) the appropriate authority of another government entity.

'(2) A work performance arrangement may make provision for all matters necessary or convenient to be provided under the arrangement.

'(3) For example, a work performance arrangement may provide for--

(a) the appointment of a person to an office, and the holding of the office by the person, for the arrangement; and

(b) the authorising of a person to exercise powers for the arrangement; and

(c) whether payment is to be made for work done under the arrangement and, if so, what payment is to be made and who is to make the payment.

'(4) A person performing work for the Authority or other government entity under a work performance arrangement entered into under subsection (1)--

(a) is not employed by the Authority or other government entity; and

(b) remains an employee of the employing office.

'(5) To remove any doubt, it is declared that the Authority or another government entity does not have power to employ a person performing work for the Authority or other government entity under a work performance arrangement entered into under subsection (1).

'(1) The employing office is a statutory body under--

(a) the Financial Administration and Audit Act 1977; and

(b) the Statutory Bodies Financial Arrangements Act 1982.

'(2) For applying the Financial Administration and Audit Act 1977 to the employing office as a statutory body--

(a) the executive officer is taken to be the chairperson of the employing office; and

(b) section 46G(4) of that Act is taken to require the executive officer to consider the annual financial statements and the auditor-general's report mentioned in the subsection as soon as practicable after they are received by the employing office; and

(c) section 46H of that Act is taken to require the executive officer to consider any observations, suggestions or comments given to the executive officer under section 93(4) of that Act as soon as practicable after the executive officer receives them.'.