Queensland Bills Explanatory Notes Queensland Bills Explanatory Notes[Index] [Search] [Download] [Bill] [Help]
Public Service Bill 2008
Public Service Bill 2008
Explanatory notes for amendments to be
moved during consideration in detail by the
Honourable Anna Bligh MP
Objectives of the Amendments
The proposed amendments will:
· provide that officers on paid suspension are entitled to normal
remuneration less any amount earned from alternative
employment undertaken during that period, regardless of whether
they subsequently return to work or whether their employment
comes to an end;
· clarify that only commissioner contracts under the Service
Delivery and Performance Commission Act 2005 (which is to be
repealed) are terminated and preserve contractual entitlements
and accrued benefits of commissioners; and
· make technical amendments to:
· clarify the process of application of provisions of the Bill to
employees of certain public service offices;
· ensure that provisions of the Bill relating to public service
employees generally also apply, where relevant, to chief
executives and senior executives;
· insert a definition of `disqualifying offence' into the
Dictionary of the Bill consistent with the definition in the
Commission for Children and Young People and Child
Guardian Act 2000;
· correct drafting anomalies in the Commission for Children
and Young People and Child Guardian Act 2000;
· declare the Family Responsibilities Commission Registry as
a public service office under the Bill and amend the Family
Responsibilities Commission Act 2008 to provide that the
Family Responsibilities Commission is a statutory body
Page 1
Public Service Bill 2008
under the Statutory Bodies Financial Arrangements Act
1982.
Consistency with fundamental legislative principles
The amendments are consistent with fundamental legislative principles.
The amendments regarding suspension are consistent with natural justice
principles as they have been drafted to ensure that, where a suspended
officer's normal remuneration is reduced by any amount earned from
alternative employment, the deduction can not result in an overall
diminution of the remuneration the officer would have otherwise received
if the suspension had not taken place.
Consultation
Relevant unions were consulted about amendments to the provisions about
payment of remuneration during periods of suspension.
Notes on Provisions
Amendments 1, 2 and 3 amend clauses 21, 22 and 23 to clarify the way in
which particular provisions of the Bill are applied to employees of public
service offices.
Amendment 4 amends clause 118 to apply particular provisions of the Bill
to senior executives and chief executives.
Amendments 5, 6 and 7 amend clauses 137, 191 and 192 which deal with
suspension of officers for non-disciplinary or disciplinary reasons. Clause
191(3) currently states that "if the suspension is cancelled and the officer
resumes duty, the officer is entitled to be paid the normal remuneration,
less any amount earned by the officer from additional employment
undertaken during the suspension period". The amendment clarifies that
officers on paid suspension are entitled to normal remuneration less any
amount earned from alternative employment undertaken during that period,
regardless of whether they subsequently resume duties or whether their
employment comes to an end. It is envisaged that the requirement for a
suspended employee to notify the chief executive about their employment
Page 2
Public Service Bill 2008
status will be dealt with administratively (e.g. through a requirement to
provide a statutory declaration at appropriate intervals).
However, if the person is already appropriately engaged in additional
employment at the time of the suspension in accordance with relevant
directives and codes of conduct, this remuneration would not be included
within deductions from normal remuneration. Further, the amount of the
deduction cannot be more than the total amount of the officer's normal
remuneration.
The amendment to clause 192 provides that a notice provided to an officer
regarding suspension must state the effects that alternative employment
may have on the person's entitlement to receive remuneration.
Amendment 8 amends clause 228 to apply particular provisions of the Bill
to existing tenured senior executives.
Amendment 9 amends clause 243 which deals with the dissolution of the
Office of the Public Service Commissioner and the Service Delivery and
Performance Commission. The amendment clarifies that the contracts
which are terminated by the provision are the contracts of commissioners
under the Service Delivery and Performance Commission Act 2005, which
is to be repealed. Other contracts which may be held by the Office of the
Public Service Commissioner or the Service Delivery and Performance
Commission are not affected by the clause. Senior executive and other
employment contracts are continued under existing clauses 227 and 230 of
the Bill.
The Explanatory Notes to the Bill state that no former office holder is
entitled to compensation as a result of the termination of contracts. The
provision is intended to serve as a precaution against claims of
compensation and was not intended to remove existing contractual
entitlements. Therefore, the new clause 243 expressly preserves the
contractual entitlements of the Service Delivery and Performance
commissioners. This ensures that standard public service entitlements and
benefits such as separation and service payments, accrued recreation and
long service leave and any other applicable benefits provided for under
contract are not affected.
Amendment 10 amends Schedule 1 of the Bill to declare the Family
Responsibilities Commission Registry as a public service office and the
Commissioner under the Family Responsibilities Commission Act 2008 as
the head of the office.
Page 3
Public Service Bill 2008
Amendment 11 corrects cross-references in sections 120B(2)(b) and
Schedule 4 of the Commission for Children and Young People and Child
Guardian Act 2000. This amendment also amends the Family
Responsibilities Commission Act 2008 to declare that the Family
Responsibilities Commission is a statutory body under the Statutory Bodies
Financial Arrangements Act 1982.
Amendment 12 inserts a new definition of `disqualifying offence' in the
Dictionary of the Bill consistent with the definition in the Commission for
Children and Young People and Child Guardian Act 2000.
© State of Queensland 2008
Page 4