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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Public Service and Other
Legislation Amendment
Bill 2012
Queensland
Public Service and Other Legislation
Amendment Bill 2012
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 2 Amendment of Public Service Act 2008
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s 78 (Staff generally subject to direction by
commission chief executive). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Omission of s 88E (Staff members to help appeals officers) . . . . 4
6 Amendment of s 197 (Starting an appeal) . . . . . . . . . . . . . . . . . . 5
7 Amendment of s 198 (Notice by commission chief executive of
appeal) ........................................ 5
8 Amendment of s 206 (Withdrawing an appeal) . . . . . . . . . . . . . . 5
9 Amendment of s 208 (Decision on appeal) . . . . . . . . . . . . . . . . . 6
10 Amendment of s 218C (Report on appeals). . . . . . . . . . . . . . . . . 6
11 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 3 Amendment of Public Interest Disclosure Act 2010
12 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
13 Amendment of s 47 (Relocation of public service employee). . . . 6
14 Amendment of s 58 (Who is the oversight agency) . . . . . . . . . . . 7
15 Amendment of s 60 (Standards) . . . . . . . . . . . . . . . . . . . . . . . . . 7
16 Amendment of s 61 (Annual report) . . . . . . . . . . . . . . . . . . . . . . . 7
17 Amendment of s 62 (Review of Act) . . . . . . . . . . . . . . . . . . . . . . . 7
18 Amendment of s 63 (Application of chapter to Crime and
Misconduct Commission and ombudsman) . . . . . . . . . . . . . . . . . 8
19 Insertion of new ch 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Chapter 9 Transitional provision for Public Service and
Other Legislation Amendment Act 2012
Public Service and Other Legislation Amendment Bill 2012
Contents
78 Continuation of standards made by oversight agency 9
Part 4 Amendment of Public Sector Ethics Act 1994
20 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
21 Replacement of s12K (Education and training) . . . . . . . . . . . . . . 9
12K Education and training . . . . . . . . . . . . . . . . . . . . . . . . 9
Part 5 Amendment of Industrial Relations Act 1999
22 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
23 Amendment of s 319 (Representation of parties) . . . . . . . . . . . . 10
24 Insertion of new ch 20, pt 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Part 15 Transitional provisions for Public Service and
Other Legislation Amendment Act 2012
787 Definitions for pt 15. . . . . . . . . . . . . . . . . . . . . . . . . . . 11
788 Application of amended s 319 . . . . . . . . . . . . . . . . . . 12
25 Other amendments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Schedule Minor amendments of Industrial Relations Act 1999 . . . . . . . 13
Page 2
2012
A Bill
for
An Act to amend the Public Interest Disclosure Act 2010, the
Public Sector Ethics Act 1994, the Public Service Act 2008 and
the Industrial Relations Act 1999 for particular purposes
Public Service and Other Legislation Amendment Bill 2012
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Public Service and Other 4
Legislation Amendment Act 2012. 5
Clause 2 Commencement 6
Parts 2, 3 and 4 commence on 1 January 2013. 7
Part 2 Amendment of Public Service 8
Act 2008 9
Clause 3 Act amended 10
This part amends the Public Service Act 2008. 11
Clause 4 Amendment of s 78 (Staff generally subject to direction 12
by commission chief executive) 13
Section 78(2)-- 14
omit. 15
Clause 5 Omission of s 88E (Staff members to help appeals 16
officers) 17
Section 88E-- 18
omit. 19
Page 4
Public Service and Other Legislation Amendment Bill 2012
Part 2 Amendment of Public Service Act 2008
[s 6]
Clause 6 Amendment of s 197 (Starting an appeal) 1
(1) Section 197(1) and (2), `commission chief executive'-- 2
omit, insert-- 3
`industrial registrar'. 4
(2) Section 197(3), `commission chief executive'-- 5
omit, insert-- 6
`appeals officer'. 7
Clause 7 Amendment of s 198 (Notice by commission chief 8
executive of appeal) 9
(1) Section 198, heading, `commission chief executive'-- 10
omit, insert-- 11
`industrial registrar'. 12
(2) Section 198(1) and (2), `commission chief executive'-- 13
omit, insert-- 14
`industrial registrar'. 15
(3) Section 198(1)(b), `to hear and decide the appeal'-- 16
omit. 17
Clause 8 Amendment of s 206 (Withdrawing an appeal) 18
(1) Section 206(1) and (3), `commission chief executive'-- 19
omit, insert-- 20
`industrial registrar'. 21
(2) Section 206(2), `commission chief executive'-- 22
omit, insert-- 23
`appeals officer'. 24
Page 5
Public Service and Other Legislation Amendment Bill 2012
Part 3 Amendment of Public Interest Disclosure Act 2010
[s 9]
Clause 9 Amendment of s 208 (Decision on appeal) 1
(1) Section 208(4)-- 2
insert-- 3
`(ab) the industrial registrar; and'. 4
(2) Section 208(4)(ab) to (b)-- 5
renumber as section 208(b) to (c). 6
Clause 10 Amendment of s 218C (Report on appeals) 7
Section 218C(1), `started, decided or withdrawn'-- 8
omit, insert-- 9
`started, lapsed, withdrawn or decided'. 10
Clause 11 Amendment of sch 4 (Dictionary) 11
Schedule 4-- 12
insert-- 13
`industrial registrar means the person appointed under the 14
Industrial Relations Act 1999, section 297.'. 15
Part 3 Amendment of Public Interest 16
Disclosure Act 2010 17
Clause 12 Act amended 18
This part amends the Public Interest Disclosure Act 2010. 19
Clause 13 Amendment of s 47 (Relocation of public service 20
employee) 21
Section 47(3), `the appeals officer of the Public Service 22
Commission (the appeals officer)'-- 23
Page 6
Public Service and Other Legislation Amendment Bill 2012
Part 3 Amendment of Public Interest Disclosure Act 2010
[s 14]
omit, insert-- 1
`an appeals officer appointed under the Public Service Act 2
2008, section 88A (the appeals officer)'. 3
Clause 14 Amendment of s 58 (Who is the oversight agency) 4
Section 58, `Public Service Commission'-- 5
omit, insert-- 6
`Office of the Ombudsman'. 7
Clause 15 Amendment of s 60 (Standards) 8
Section 60(11), editor's note-- 9
omit, insert-- 10
`Editor's note-- 11
The oversight agency's website is .'. 12
Clause 16 Amendment of s 61 (Annual report) 13
Section 61-- 14
insert-- 15
`(4) The oversight agency may comply with this section by 16
including the information necessary for a report under 17
subsection (1) in the report mentioned in the 18
Ombudsman Act 2001, section 87.'. 19
Clause 17 Amendment of s 62 (Review of Act) 20
Section 62(4), after `Minister'-- 21
insert-- 22
`and the Speaker'. 23
Page 7
Public Service and Other Legislation Amendment Bill 2012
Part 3 Amendment of Public Interest Disclosure Act 2010
[s 18]
Clause 18 Amendment of s 63 (Application of chapter to Crime and 1
Misconduct Commission and ombudsman) 2
(1) Section 63, heading, `and ombudsman'-- 3
omit. 4
(2) Section 63(1)(a)-- 5
omit, insert-- 6
`(a) gives the oversight agency the power to review or 7
monitor the way in which the Crime and Misconduct 8
Commission exercises its functions under the Crime and 9
Misconduct Act 2001; or'. 10
(3) Section 63(1)(c)-- 11
omit. 12
(4) Section 63(2)-- 13
omit, insert-- 14
`(2) Subsection (1) does not apply in relation to the functions of 15
the Crime and Misconduct Commission as a public sector 16
entity in relation to a public interest disclosure made to the 17
commission by a public officer of the commission, or a public 18
interest disclosure referred to the commission under section 19
31(1)(a).'. 20
Clause 19 Insertion of new ch 9 21
After chapter 8-- 22
insert-- 23
Page 8
Public Service and Other Legislation Amendment Bill 2012
Part 4 Amendment of Public Sector Ethics Act 1994
[s 20]
`Chapter 9 Transitional provision for 1
Public Service and Other 2
Legislation Amendment Act 3
2012 4
`78 Continuation of standards made by oversight agency 5
`(1) This section applies to standards made by the Public Service 6
Commission under section 60 that are in force immediately 7
before the commencement of this section. 8
`(2) The standards are taken, on the commencement, to be the 9
standards made by the ombudsman as the oversight agency.'. 10
Part 4 Amendment of Public Sector 11
Ethics Act 1994 12
Clause 20 Act amended 13
This part amends the Public Sector Ethics Act 1994. 14
Clause 21 Replacement of s12K (Education and training) 15
Section 12K-- 16
omit, insert-- 17
`12K Education and training 18
`(1) The chief executive officer of a public service agency must 19
ensure that public officials of the agency are given access to 20
appropriate education and training about public sector 21
ethics-- 22
(a) as part of an induction program; and 23
(b) at regular intervals during the officials' employment. 24
Page 9
Public Service and Other Legislation Amendment Bill 2012
Part 5 Amendment of Industrial Relations Act 1999
[s 22]
`(2) The education and training must include education and 1
training about the following-- 2
(a) the operation of this Act; 3
(b) the application of ethics principles and obligations to the 4
public officials; 5
(c) the contents of the approved code of conduct for public 6
service agencies; 7
(d) the rights and obligations of the officials in relation to 8
contravention of-- 9
(i) the approved code of conduct for public service 10
agencies; and 11
(ii) any approved standard of practice.'. 12
Part 5 Amendment of Industrial 13
Relations Act 1999 14
Clause 22 Act amended 15
This part amends the Industrial Relations Act 1999. 16
Note-- 17
See also the amendments in the schedule. 18
Clause 23 Amendment of s 319 (Representation of parties) 19
(1) Section 319(2)(b)-- 20
omit, insert-- 21
`(b) for proceedings before the commission, the proceedings 22
relate to the following-- 23
(i) chapter 4, other than section 110; 24
(ii) section 149; 25
Page 10
Public Service and Other Legislation Amendment Bill 2012
Part 5 Amendment of Industrial Relations Act 1999
[s 24]
(iii) section 230; 1
(iv) section 274A; 2
(v) section 277; 3
(vi) section 284; or 4
(ba) for proceedings before the commission not mentioned in 5
paragraph (b)-- 6
(i) all parties consent; or 7
(ii) on application by a party or person-- 8
(A) the commission is satisfied, having regard to 9
the matter the proceedings relate to, that 10
there are special circumstances that make it 11
desirable for the party or person to be legally
represented; or 12
13
(B) the commission is otherwise satisfied that it 14
is desirable for the party or person to be 15
legally represented; or'. 16
(2) Section 319(4), `subsection (2)(b)(iii)'-- 17
omit, insert-- 18
`subsection (2)(ba)(ii)'. 19
Clause 24 Insertion of new ch 20, pt 15 20
Chapter 20, after part 14-- 21
insert-- 22
`Part 15 Transitional provisions for 23
Public Service and Other 24
Legislation Amendment Act 25
2012 26
`787 Definitions for pt 15 27
`In this part-- 28
Page 11
Public Service and Other Legislation Amendment Bill 2012
Part 5 Amendment of Industrial Relations Act 1999
[s 25]
amending Act means the Public Service and Other 1
Legislation Amendment Act 2012. 2
commencement means the commencement of this part. 3
`788 Application of amended s 319 4
`(1) Section 319 as amended by the amending Act, section 23 5
applies to all proceedings before the commission started on or 6
after the commencement. 7
`(2) For subsection (1), an arbitration under section 149 starts 8
when the requirements under section 149(1)(a), (b) or (c) are 9
first satisfied.'. 10
Clause 25 Other amendments 11
The schedule amends the sections it mentions. 12
Page 12
Public Service and Other Legislation Amendment Bill 2012
Schedule
Schedule Minor amendments of 1
Industrial Relations Act 1999 2
section 25 3
1 Section 75(6), `president'-- 4
omit, insert-- 5
`vice president'. 6
2 Section 160(5), `president'-- 7
omit, insert-- 8
`vice president'. 9
3 Section 259A(3), `president'-- 10
omit, insert-- 11
`vice president'. 12
4 Section 259AA(3), `president'-- 13
omit, insert-- 14
`vice president'. 15
5 Section 264(1), (2), (3), (4AA), (4A), (6) and (7)(b), 16
`president'-- 17
omit, insert-- 18
`vice president'. 19
6 Section 264(4A)(a), `the vice president'-- 20
omit, insert-- 21
`a deputy president'. 22
Page 13
Public Service and Other Legislation Amendment Bill 2012
Schedule
7 Section 264(4A)(b), `the vice president'-- 1
omit, insert-- 2
`a deputy president'. 3
8 Section 264(4A)(b), `deputy presidents'-- 4
omit, insert-- 5
`commissioners'. 6
9 Section 264(5), `the president,'-- 7
omit. 8
10 Section 269, heading, `President'-- 9
omit, insert-- 10
`Vice president'. 11
11 Section 269, `president'-- 12
omit, insert-- 13
`vice president'. 14
12 Section 270, `president'-- 15
omit, insert-- 16
`vice president'. 17
13 Section 281(2), `president's' 18
omit, insert-- 19
`vice president's'. 20
14 Section 281(3), (4) and (5), `president'-- 21
omit, insert-- 22
Page 14
Public Service and Other Legislation Amendment Bill 2012
Schedule
`vice president'. 1
15 Section 299(3), `president'-- 2
omit, insert-- 3
`vice president'. 4
16 Section 301(b), `president'-- 5
omit, insert-- 6
`vice president'. 7
17 Section 308(1) and (2), `president may'-- 8
omit, insert-- 9
`vice president may'. 10
18 Section 308(5)(b), `president'-- 11
omit, insert-- 12
`vice president'. 13
19 Section 309(1)(a) and (2), `president'-- 14
omit, insert-- 15
`vice president'. 16
20 Section 310(1)(a) and (2), `president'-- 17
omit, insert-- 18
`vice president'. 19
21 Section 311(1)(a), (2) and (3), `president'-- 20
omit, insert-- 21
`vice president'. 22
Page 15
Public Service and Other Legislation Amendment Bill 2012
Schedule
22 Section 311A(1), `president'-- 1
omit, insert-- 2
`vice president'. 3
23 Section 313, heading, `President'-- 4
omit, insert-- 5
`Vice president' 6
24 Section 313, `president'-- 7
omit, insert-- 8
`vice president'. 9
25 Section 318(1)(a) and (2), `president'-- 10
omit, insert-- 11
`vice president'. 12
26 Section 338(3)(c), `2 commissioners'-- 13
omit, insert-- 14
`the vice president and another commissioner'. 15
27 Section 708(1), `president'-- 16
omit, insert-- 17
`vice president'. 18
28 Chapter 20, part 13, second occurring-- 19
renumber as chapter 20, part 13A. 20
29 Section 780, second occurring-- 21
renumber as section 780A. 22
Page 16
© State of Queensland 2012
AMENDMENTS TO BILL
Public Service and Other Legislation Amendment Bill 2012
Public Service and Other Legislation
Amendment Bill 2012
Amendments agreed to during Consideration
1 After clause 3
Page 4, after line 11--
insert--
`3A Amendment of s 23 (Application of Act to public service
offices declared under a regulation)
Section 23(3)--
omit.
`3B Amendment of s 53 (Rulings by commission chief
executive)
Section 53, after paragraph (b)--
insert--
`(baa)the remuneration and conditions of employment of
public service employees other than persons mentioned
in paragraph (b)(i) or (ii); or'.'.
2 After clause 22
Page 10, after line 18--
insert--
`22A Amendment of s 89 (When this division applies)
`Section 89--
insert--
`(2) However, this division does not apply in relation to an
employee to whom a relevant industrial instrument under
chapter 15, part 2 applies.'.'.
Page 1
Public Service and Other Legislation Amendment Bill 2012
3 After clause 23
Page 11, after line 19--
insert--
`23A Insertion of new ch 15, pt 1, hdg
Chapter 15, before section 686--
insert--
`Part 1 General'.'.
`23B Insertion of new ch 15, pt 2
Chapter 15--
insert--
`Part 2 Particular provisions of
industrial instruments
`691A Definitions for pt 2
`In this part--
industrial instrument see the Public Service Act 2008,
schedule 4.
relevant industrial instrument means an industrial instrument
to which this part applies under section 691B.
TCR provision see section 691D(4).
`691B Industrial instruments to which this part applies
`(1) This part applies to an industrial instrument (whether made or
certified before or after the commencement of this part) to the
extent the instrument applies to the employment of persons in
a government entity.
`(2) In this section--
government entity--
Page 2
Public Service and Other Legislation Amendment Bill 2012
(a) has the meaning given by the Public Service Act 2008,
section 24; and
(b) despite the Public Service Act 2008, section 23(4),
includes a public service office for which an application
provision has been made under that section.
`691C Particular provisions are of no effect
`(1) The following provisions of a relevant industrial instrument
are of no effect--
(a) a contracting provision;
(b) an employment security provision;
(c) an organisational change provision.
`(2) In this section--
contracting provision--
(a) means a provision about the contracting out, or in, of
services; but
(b) does not include a TCR provision.
Examples--
The following provisions, as in force on 30 July 2012, are examples of
contracting provisions--
· clause 7.3 of the State Government Departments Certified
Agreement 2009
· appendix 22: Queensland Government Policy on the
Contracting-out of Services, of the State Government Departments
Certified Agreement 2009
· clauses 4.2 and 4.3 of the Transport and Main Roads Operational
Employees' Certified Agreement 2011
· clauses 2.3(1) and 2.3.2 of the QBuild Field Staff Certified
Agreement 8 (2011)
· clauses 6.2 and 6.3 of the Queensland Public Health Sector
Certified Agreement (No.8) 2011 (EB8)
· clause 3.1(b) of the Queensland Ambulance Service -
Determination 2010.
employment security provision--
Page 3
Public Service and Other Legislation Amendment Bill 2012
(a) means a provision about job security or maximising
permanent employment, including a provision that
applies all or part of a government policy about
employment security; but
(b) does not include a TCR provision.
Examples--
The following provisions, as in force on 30 July 2012, are examples of
employment security provisions--
· clauses 7.1 and 7.2 of the State Government Departments Certified
Agreement 2009
· appendix 21 of the State Government Departments Certified
Agreement 2009
· clause 2 contained in Appendix 5 of the State Government
Departments Certified Agreement 2009: New Provisions
Applicable to Employees Engaged in Operations in Youth
Detention Centres
· clause 4.1.1 of Part 4 of the Transport and Main Roads Operational
Employees' Certified Agreement 2011
· clause 2.3 of the QBuild Field Staff Certified Agreement 8 (2011)
· clauses 6.1, 6.6 and 6.7 of the Queensland Public Health Sector
Certified Agreement (No.8) 2011 (EB8).
organisational change provision does not include a TCR
provision.
Examples--
The following provisions, as in force on 30 July 2012, are examples of
organisational change provisions--
· clause 7.3 of the State Government Departments Certified
Agreement 2009
· clauses 4.1 and 4.2 of the Queensland Public Health Sector
Certified Agreement (No.8) 2011 (EB8).
`691D Termination, change and redundancy provisions
`(1) This section applies if a relevant industrial instrument
includes a TCR provision about notifying an entity of a
decision or consulting with an entity about a decision.
`(2) The following principles apply--
Page 4
Public Service and Other Legislation Amendment Bill 2012
(a) the employer is not required to notify the entity of the
decision until the time the employer considers
appropriate;
(b) the employer is not required to consult with the entity
about the decision until the employer notifies the entity
of the decision;
(c) the employer is not required to consult with the entity
about the decision other than in relation to
implementation of the decision.
`(3) The TCR provision is of no effect to the extent it is
inconsistent with any of the principles mentioned in
subsection (2).
`(4) In this section--
TCR provision means a termination, change and redundancy
provision of a relevant industrial instrument that is an award.
Examples--
The following provisions, as in force on 30 July 2012, are examples of
termination, change and redundancy provisions--
· clauses 4.1, 4.7 and 4.8 of the Queensland Public Service Award -
State 2012
· clauses 4.5, 4.6 and 4.7 of the District Health Services Employees'
Award - State 2012
· clauses 4.11, 4.12 and 4.13 of the Ambulance Service Employees'
Award - State 2012.
`691E Restriction on giving personal employee information
`(1) This section applies if a relevant industrial instrument
includes provision for giving personal information about an
employee to an entity other than the employee or a
government entity.
`(2) Despite the provision of the industrial instrument, an
employer may give the information to the entity only with the
express written consent of the employee.
`(3) In this section--
giving information to an entity includes--
Page 5
Public Service and Other Legislation Amendment Bill 2012
(a) releasing information to the entity; and
(b) providing the entity with access to the information.
personal information means information about an individual
whose identity is apparent, or can reasonably be ascertained,
from the information.'.'.
4 After clause 25
Page 12, after line 12--
insert--
`Part 6 Amendment of Industrial
Relations (Tribunals) Rules
2011
`26 Rules amended
This part amends the Industrial Relations (Tribunals) Rules
2011.
`27 Amendment of rule 79 (Application to refer matter to full
bench)
Section 79, `president'--
omit, insert--
`vice president'.'.
5 Schedule (Minor amendments of Industrial Relations Act
1999)
Page 13, after line 9--
insert--
`2A Section 246A--
omit.
Page 6
Public Service and Other Legislation Amendment Bill 2012
`2B Section 252--
insert--
`(1B) The vice president must prepare, and give to the president, a
report for the year on the working of the commission for
inclusion in the president's report under subsection (1).'.'.
6 Schedule (Minor amendments of Industrial Relations Act
1999)
Page 15, lines 2 to 4--
omit, insert--
`15 Section 299(3)--
omit, insert--
`(3) In performing a function or exercising a power, the registrar
must comply with a direction given by--
(a) the president in relation to the court; and
(b) the vice president in relation to the commission.'.'.
7 Schedule (Minor amendments of Industrial Relations Act
1999)
Page 16, lines 10 to 12--
omit.
8 Schedule (Minor amendments of Industrial Relations Act
1999)
Page 16, lines 16 to 18--
omit, insert--
`27 Section 708--
insert--
`(1A) When acting under subsection (1), in relation to forms for use
by or in the commission or registry, the president must consult
with the vice president.'.'.
Page 7
Public Service and Other Legislation Amendment Bill 2012
9 Schedule (Minor amendments of Industrial Relations Act
1999)
Page 16, after line 22--
insert--
`30 Schedule 2, section 4A(1), after `president'--
insert--
`, the vice president'.
`31 Schedule 2, section 4A(2), `president'--
omit, insert--
`vice president'.'.
10 Long title
Long title, `and the Industrial Relations Act 1999'--
omit, insert--
`, the Industrial Relations Act 1999 and the Industrial Relations
(Tribunals) Rules 2011'.
© State of Queensland 2012
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