Queensland Consolidated Acts
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PUBLIC SERVICE ACT 2008
TABLE OF PROVISIONS
Long Title
Contents
CHAPTER 1--INTRODUCTION
Part 1--Preliminary
1. Short title
2. Commencement
3. Main purposes of Act and their achievement
4. Dictionary
Part 2--The Queensland Public Service
Division 1--Basic concepts
5. The public service
6. Employment of public service employees
7. What are departments
8. Who is a public service officer
9. Public service employees
10. Who is a chief executive
11. Relationship between chief executives and their public service employees
12. Application of Act to various types of employees etc.
13. Act does not apply to particular offices and employment
Division 2--Departments of government
14. Declaration of departments
15. Establishment of departments etc.
16. Declaration of functions of departments etc.
17. Giving functions to departments etc.
18. Other powers
19. Provision for public service employees and amalgamations
20. Existence of separate government entities not affected
Division 3--Public service offices
21. Public service offices and their heads
22. General provision for application of Acts to public service offices
23. Application of Act to public service offices declared under a regulation
Division 4--Government entities
24. What is a government entity
Part 3--General public service principles
25. The management and employment principles
26. Work performance and personal conduct principles
Part 4--The merit principle
27. The merit principle
28. Merit criteria
29. Directives about applying the merit principle
CHAPTER 2--EQUALITY OF EMPLOYMENT OPPORTUNITY
30. General EEO obligation
31. Annual EEO reporting requirement
32. Exemption from reporting requirement
33. Commission chief executive may take action if dissatisfied with report
34. Compliance with recommendation
CHAPTER 3--ADMINISTRATION
Part 1--The Minister's role
Division 1--General provisions
35. Meaning of public service office for pt 1
36. Minister's role for the public service and public service offices
Division 2--Obtaining reports
Subdivision 1--Commission reports
37. Report on effectiveness and efficiency
38. Matters that may be included in referral
Subdivision 2--Other reports
39. Chief executive report on management and employment principles
40. Obtaining report on functions or activities
41. Conduct of management reviews
Division 3--Miscellaneous provision
42. Minister may direct action about surplus public service employees
Part 2--The Public Service Commission and its role
43. Establishment
44. Commission represents the State
45. Commissioners
46. Main functions
Part 3--Rulings by the commission chief executive and industrial relations Minister
Division 1--General provisions about rulings
47. Types of ruling
48. Making of and access to rulings
49. General references to a ruling
50. Criteria for making a ruling
51. Relationship with legislation
52. Relationship between directives and industrial instruments
Division 2--General ruling-making powers
53. Rulings by commission chief executive
54. Rulings by industrial relations Minister
55. Directives to apply Act to general and temporary employees
Part 4--Particular provisions about the commission and commission reviews
Division 1--Commissioners
Subdivision 1--Commission chief executive
56. Appointment
57. Basis of employment
58. Main functions
59. Duty in performing functions
60. Acting as commission chief executive
61. Preservation of commission chief executive's accrued rights
62. Delegation
63. Resignation
Subdivision 2--Appointed commissioners
64. Appointment
65. Disclosure of interests
66. Resignation
Subdivision 3--Miscellaneous provisions
67. Criminal history checks to confirm suitability for appointment
68. Additional appointment as deputy chairperson
Division 2--Meetings and other business
69. Conduct of business
70. Times and places of meetings
71. Quorum
72. Meeting deputies for particular commissioners
73. Presiding at meetings
74. Conduct of meetings
75. Decisions outside meetings
76. Minutes and record of decisions
Division 3--Staff and agents
77. Staff members of the commission
78. Staff generally subject to direction by commission chief executive
79. Agents
Division 4--Commission reviews and reports
Subdivision 1--Conduct and scope
80. Minister to be kept informed of conduct of review
81. Minister may obtain information from commission
82. Disclosures to commission for review
Subdivision 2--Reports
83. Affected agencies to be given a draft report
84. Content
85. Procedure for reporting sensitive information
Division 5--Miscellaneous provisions
86. How commission's functions may be performed
87. Confidentiality relating to commission reviews
88. Protection of commission officials from liability
Part 5--Appeals officer
88A. Appeals officer
88B. Acting as appeals officer
88C. Appeals officer's functions
88D. Report on performance of functions
88E. Staff members to help appeals officer
88F. Delegation
88G. Duty of persons performing appeal functions
CHAPTER 4--CHIEF EXECUTIVES, SENIOR EXECUTIVES AND SENIOR OFFICERS
Part 1--Chief executives
Division 1--The chief executive service
89. Establishment
90. Purpose and its achievement
91. Chief executive service standards
Division 2--Appointments
92. Appointment of chief executives generally
93. Appointment to particular departments
94. Acting as chief executive
95. Statutory officer as chief executive
96. Contractual basis of employment for chief executives
97. Term of appointment
Division 3--Functions
98. Responsibilities
99. How responsibilities must be discharged
100. Extent of chief executive's autonomy
Division 4--Miscellaneous provisions
101. Declaration of interests
102. Conflicts of interest
103. Delegation
104. References in Act to chief executive of a chief executive are to the Minister
Part 2--Senior executives
Division 1--The senior executive service
105. Senior executive service continued
106. Purposes of service and their achievement
107. Role of commission chief executive
108. Composition
109. Senior executive numbers and classification levels
Division 2--Appointment matters
110. Appointment
111. Secondments
112. Acting senior executives
113. Contractual basis of employment
114. Term of appointment
Division 3--Transfers and redeployment
115. Transfer of senior executives
Part 3--Purpose of position of senior officers
116. Purpose
117. Role of commission chief executive
CHAPTER 5--STAFFING GENERALLY
Part 1--Preliminary
118. Application of ch 5
Part 2--Appointment matters
Division 1--General provisions
119. Appointment
120. Secondment
121. Basis of employment—tenure or contract
122. Basis of employment for contract employment
123. Tenure on ending of particular employment contracts
124. Contract terminated on acceptance of tenure
125. Basis of employment on tenure—full-time or part-time
126. Appointments on probation
127. Requirement about citizenship etc.
128. Notification of proposed appointments
Division 2--Reappointment of particular election candidates
129. Definitions for div 2
130. Request for reappointment
131. Dealing with request
132. Continuity of service
Part 3--Transfers and redeployment
133. Chief executive's power to transfer or redeploy
134. Consequence if transfer refused
Part 4--Termination, suspension and related matters
135. Resignation
136. Voluntary retirement
137. Suspension other than as disciplinary action
138. Action because of surplus
Part 5--General and temporary employees
147. Employment of general employees
148. Employment of temporary employees
149. Review of status of temporary employee
Part 6--Assessing suitability of persons to be engaged in particular employment
Division 1--Preliminary
150. Definitions for pt 6
Division 2--Relevant duties
Subdivision 1--General
151. Application of div 2
152. Chief executive may decide to obtain criminal history
153. Failure to consent to obtaining criminal history
154. Obtaining criminal history with consent
155. Assessment of suitability using criminal history report
Subdivision 2--Changes in criminal history of persons engaged by department of communities
155A. Definitions for sdiv 2
155B. Engaged person to disclose change in criminal history
155C. Failing to make disclosure or making false, misleading or incomplete disclosure
155D. Chief executive (communities) may obtain report from police commissioner
155E. Use of information obtained under this subdivision
155F. Person to be advised of information obtained from police commissioner
155G. Guidelines for dealing with information obtained under this subdivision
Division 3--Child-related duties
156. Application of div 3
157. Definitions for div 3
158. Prescribed notice or exemption notice required for child-related duties
159. Chief executive to apply for prescribed notice or exemption notice
161. Engaging public service employee before prescribed notice or exemption notice issued
162. Engaging other person before prescribed notice or exemption notice issued
163. Effect of suspension or cancellation of positive prescribed notice or positive exemption notice
Division 3A--Further assessment of person to whom prescribed notice or exemption notice is issued
164. This division does not apply to particular engagements
165. Application of Criminal Law (Rehabilitation of Offenders) Act 1986
165A. Chief executive may decide to obtain criminal history
165B. Failure to consent to obtaining criminal history
165C. Obtaining criminal history with consent
165D. Assessment of suitability using criminal history report
Division 4--Provisions relating to reports under divisions 2 and 3A and other information etc.
166. Duty of police commissioner relating to requests for criminal history
167. Criminal history no longer required to be obtained
168. Police commissioner not to use information given as part of request except for particular circumstances
169. Destruction of reports and notices
Division 5--Other matters including notifications, offences and rulings
170. Prosecuting authority to notify chief executive about committal, conviction etc.
171. False or misleading statements in consent
172. Confidentiality
173. Commission chief executive may make rulings for this part
Part 7--Mental or physical incapacity
174. Application of pt 7
175. Chief executive may require medical examination
176. Employee not to be given sick leave if requirement not complied with
177. Medical examination report
178. Action following report
179. Record of requirement and report
179AA. Directives about applying this part
Part 8--Miscellaneous provisions
179A. Requirement to disclose previous history of serious disciplinary action
180. Requirement to give evidence of age
181. Requirement to give notice of charge or conviction for indictable offence
182. Confidentiality of private information contained in notice
183. Work performance arrangements
184. Interchange arrangements
185. Declaration of interests
186. Conflicts of interest
CHAPTER 6--DISCIPLINARY ACTION FOR PUBLIC SERVICE EMPLOYEES AND FORMER PUBLIC SERVICE EMPLOYEES
Part 1--Preliminary
186A. Definitions for ch 6
Part 2--Disciplinary action
187. Grounds for discipline
187A. How disciplinary action may be taken against a public service employee after the employee changes employment
188. Disciplinary action that may be taken against a public service employee
188A. Disciplinary action that may be taken against a former public service employee
188AB. Disciplinary action that may be taken against a former ambulance service officer or former fire service officer
188B. Information about disciplinary action to be given by chief executive
189. Suspension of public service employee liable to discipline
190. Procedure for disciplinary action
191. Effect of suspension from duty
192. Additional procedures for suspension or termination
CHAPTER 7--APPEALS AND REVIEWS
Part 1--Appeals to the appeals officer
Division 1--Right of appeal
193. Appeals to appeals officer
194. Decisions against which appeals may be made
195. Decisions against which appeals can not be made
196. Who may appeal
Division 2--Appeal procedures
197. Starting an appeal
198. Notice by appeals officer of appeal
199. Stay of operation of decisions etc.
200. Appeals officer may decline to hear particular appeals
201. Appeal is by way of review
202. Appeals officer's functions on appeal
203. Appeals officer may decide procedures
204. Representation of parties
205. Appeals officer's powers on appeal
206. Withdrawing an appeal
207. Lapse of appeal
Division 3--Deciding appeal
208. Decision on appeal
209. Criteria for deciding process deficiency
210. Decision on appeal is binding on parties
Division 4--Miscellaneous provisions
211. Attendance at an appeal is part of an employee's duties
212. Public service employee's entitlements for attending appeal as part of duties
213. Entitlement of non-public service employees
214. Relevant department's or public service office's financial obligation for appeal
214A. Protection of appeals officials from liability
214B. Commission chief executive must make directive for this part
Part 2--Alternate jurisdiction
215. Jurisdiction of IRC for industrial matters
Part 3--Exclusion of particular matters from jurisdiction under other Acts
216. Application of pt 3
217. Exclusion for Industrial Relations Act 1999
218. Exclusion for Judicial Review Act 1991
Part 4--Miscellaneous
218A. Commission chief executive may make directive about dealing with complaints by officers and employees
CHAPTER 8--MISCELLANEOUS PROVISIONS
219. Effect of Act on the State
220. Provision for acting appointments not by original appointor
221. Offences against Act are summary
222. Regulation-making power
CHAPTER 9--REPEAL AND TRANSITIONAL PROVISIONS
Part 1--Repeal provisions
223. Acts repealed
Part 2--Transitional provisions for Act No. 38 of 2008
Division 1--Preliminary
224. Definitions for pt 2
Division 2--Public service employees
225. Existing public service officers generally
226. Existing chief executives
227. General provision for existing senior executives other than chief executives
228. Existing tenured senior executives
229. Exclusion from tenure on termination of contract for particular public service officers
230. Existing contracts of employment
231. Existing general employees
232. Existing temporary employees
233. Period for first status review of a temporary employee
Division 3--Rulings
234. Existing rulings
235. References to existing rulings
Division 4--Disciplinary action and suspension
236. Existing disciplinary action
237. Application of disciplinary action provisions to prior acts and omissions
238. Existing suspensions
Division 5--Appeals
239. Application of div 5
240. Conversion to appeal under this Act
241. Provision for former protective appeals
242. Appeal documents or information
Division 6--Former commissioner and commission
243. Dissolutions
244. References to former commissioner or commission
245. Former staff become commission staff
Division 7--Miscellaneous provisions
246. Specific provisions relating to criminal history of a person under the repealed Public Service Act
247. Existing term appointees
248. Existing delegations by chief executives
249. References to repealed Acts
250. Corresponding approvals, decisions and notices under the repealed Public Service Act
251. Public Service Regulation 2007
Part 3--Transitional provisions for the Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector Ethics) Amendment Act 2009
252. Definition for pt 3
253. Disciplinary action
254. Former public service officer
Part 4--Transitional provision for the Integrity Act 2009
255. Declaration of interests by chief executives
Part 5--Transitional provisions for Criminal History Screening Legislation Amendment Act 2010
256. Definitions for pt 5
257. Application of s 155B
258. Persons being considered for engagement, or engaged, in child-related duties or regulated employment at the commencement
259. Request for police information not complied with at the commencement
260. Particular police information obtained before commencement
261. Particular appeals and appeal rights continue
262. Particular information etc. obtained before commencement
263. Notice not given by prosecuting authority at the commencement
Part 6--Transitional provisions for Child Protection and Other Acts Amendment Act 2010
264. Definition for pt 6
265. CCYPCG commissioner request for criminal history report not complied with at the commencement
266. Criminal history reports obtained by CCYPCG commissioner before commencement
267. Notice not given to CCYPCG commissioner by prosecuting authority at the commencement
Part 7--Transitional provisions for Integrity Reform (Miscellaneous Amendments) Act 2010
268. Definitions for pt 7
269. Appeals officer
270. Appointments on probation if probationary period has not ended
271. Application of s 127 to appointments made before the commencement
272. Review of status of general employees employed on a temporary basis before the commencement
273. Review of status of temporary employees employed more than 2 years at the commencement
274. Disciplinary action against general and temporary employees
275. Disciplinary action against former general and temporary employees
276. Appeals not started at commencement
277. Appeals started at commencement
278. Reopening decisions made before the commencement
279. Amendment of Public Service Regulation 2008
Part 6--Transitional provision for Public Interest Disclosure Act 2010
264. Amendment of regulation by Public Interest Disclosure Act 2010 does not affect powers of Governor in Council
SCHEDULE 1 -- PUBLIC SERVICE OFFICES AND THEIR HEADS
SCHEDULE 4 -- DICTIONARY
Endnotes
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