Queensland Numbered Acts

TRANSPORT AND OTHER LEGISLATION AMENDMENT ACT 2024 - SECT 6

6 Insertion of new pt 4, div 4A

After section 34 —
insert—

Division 4A - Transfer of particular employees, vehicles and proceedings

34A Definitions for division In this division—

"directive" means a directive made under the Public Sector Act 2022 .

"TMR" means the department administering the Transport Operations (Road Use Management) Act 1995 .

"transfer day" see section 34B(2).

"transferring employee" means an employee of TMR identified in a transfer schedule.

"transfer schedule" see section 34B(1).

34B Transfer schedule

(1) The Minister may make 1 or more schedules (a
"transfer schedule" ) identifying the following matters—

(a) the employees of TMR that are to be transferred to the Regulator under this division;

(b) the directives that are to apply to an employee mentioned in paragraph (a) for the purpose of section 34C;

(c) the vehicles operated by the State that are to be transferred to the Regulator and to which section 34E applies.

(2) If a transfer schedule identifies employees or vehicles for the purpose of transferring the employees or vehicles to the Regulator, the Minister must state in the schedule the day (the
"transfer day" ) the employees or vehicles are transferred to the Regulator under this division.

34C Transferring TMR employees

(1) On the transfer day—

(a) a transferring employee ceases to be an employee of TMR; and

(b) a transferring employee becomes an employee of the Regulator; and

(c) TMR’s records, to the extent they relate to the employment of transferring employees, become records of the Regulator; and

(d) TMR’s liabilities relating to a transferring employee’s accrued rights to annual, sick, long service or other leave become the liabilities of the Regulator.

(2) The Regulator and TMR must do all things necessary to enable the transfer of a transferring employee under subsection (1).

(3) TMR may retain copies of the records mentioned in subsection (1)(c).

(4) TMR must pay to the Regulator an amount equivalent to the liabilities of TMR mentioned in subsection (1)(d).

(5) A reference in this section to an employee’s rights to recreation, sick, long service or other leave includes a reference to the employee’s rights under a directive identified in a transfer schedule for the employee as that directive applies to the employee on the transfer day.

34D Rights of transferring employees

(1) The transfer of an employee of TMR under section 34C does not—

(a) affect the employee’s benefits, entitlements or remuneration; or

(b) prejudice the employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or

(c) interrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or

(d) entitle the employee to a payment or other benefit from the State because the employee is no longer employed by TMR; or

(e) require TMR to make any payment to the employee in relation to the employee’s accrued rights to recreation, sick, long service or other leave.

(2) Despite any other law, employment arrangement or directive, the transfer of an employee under section 34C(1)(a) does not—

(a) entitle the transferring employee to a payment or other benefit for a retrenchment or redundancy; or

(b) require TMR or the State to find the employee alternative employment.

(3) A reference in this section to an employee’s benefits, entitlements or remuneration, or rights to superannuation or recreation, sick, long service or other leave, includes a reference to the employee’s benefits, entitlements, remuneration or rights under a directive identified in a transfer schedule for the employee as that directive applies to the employee on the transfer day.

(4) A directive identified in a transfer schedule that is not a copied State instrument under the Fair Work Act 2009 (Cwlth) ceases to operate for a transferring employee when the directives that are copied State instruments under the Fair Work Act 2009 (Cwlth) cease to operate under section 768AO of that Act.

(5) In this section—

"copied State instrument" see the Fair Work Act 2009 (Cwlth) , section 768AH.

34E Transferring vehicles

(1) This section applies to a vehicle operated by the State identified in a transfer schedule and transferred to the Regulator.

(2) The State and the Regulator are exempt from complying with a process or requirement under the following laws that the entities would otherwise be required to comply with for the purpose of registering or recording the transfer of the vehicle—

(a) the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021 , part 3, division 3;

(b) the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 , part 6.

34F Current proceedings If a proceeding by or against TMR, relating to an employee transferred under section 34C, has not been concluded before the transfer day—

(a) the proceeding must be continued and concluded by or against TMR; and

(b) TMR is liable for any liability of TMR that arose before the transfer day, or arises after the transfer day, as a result of—

(i) the proceeding; or

Examples of liabilities for subparagraph (i)—

• a judgment debt

• a liability incurred as a result of discontinuing the proceeding

• costs of the proceeding

(ii) an act or omission that is the subject of the proceeding.