The place to access your Free Legal Rights Information

Public Service Act 2008 – 8 September 2016

Download PDF

Public Service Act 2008 – 8 September 2016

Public Service Regulation 2008 – 18 December 2015

Quick to view summary

The Queensland Public Service consists of the persons who are employed under this Act, called public service employees. Public service employees are employed in departments or public service offices. The public service employees of a department are responsible to that department’s chief executive in relation to their employment in that department. For the responsibilities of a chief executive, refer to section 98 of the Act. If a public service employee, other than a chief executive, has an interest that conflicts or may conflict with the discharge of the employee’s duties, the employee: (a) must disclose the nature of the interest and conflict to the employee’s chief executive as soon as practicable after the relevant facts come to the employee’s knowledge; and (b) must not take action or further action relating to a matter that is, or may be, affected by the conflict unless authorised by the chief executive.

  • Sections 5, 6, 7, 9, 11, 12, 13, 14, 15, 16, 17, 93, 98, 99, 100, 103, 133, 134, 186, 219; Regulation 9A

An entity is a government entity if it is: (a) a department or part of a department; or (b) a public service office or part of a public service office; or (c) an agency, authority, commission, corporation, instrumentality, office, or other entity, established under an Act or under State authorisation for a public or State purpose; or (d) a part of an entity mentioned in paragraph (c); or (e) another entity, or part of another entity, declared under a regulation to be a government entity; or (f) a registry or other administrative office of a court of the State of any jurisdiction.

  • Section 24

Public service management is to be directed towards: (a) providing responsive, effective and efficient services to the community and the Government; and (b) maintaining impartiality and integrity in informing, advising and assisting the Government; and (c) promoting collaboration between Government and non-government sectors in providing services to the community; and (d) continuously improving public service administration, performance management and service delivery; and (e) managing public resources efficiently, responsibly and in a fully accountable way; and (f) promoting the Government as an employer of choice; and (g) promoting equality of employment opportunity.

  • Sections 25, 26

A State employee does not incur civil liability for engaging, or for the result of engaging, in conduct in an official capacity. If liability does not attach to the State employee, it attaches instead to the State or relevant body corporate. If liability attaches to the State, the State may recover contribution from the State employee but only if the conduct was engaged in: (a) other than in good faith; and (b) with gross negligence. For what constitutes a ‘State employee’, refer to section 26B of the Act.

  • Sections 26B, 26C; Regulation 14A

The Public Service Commission is established and represents the State. The commission’s main functions are to do the following: (a) enhance the public service’s human resource management and capability; (b) promote the management and employment principles; (c) enhance and promote an ethical culture and ethical decision-making across the public service; (d) enhance the public service’s leadership and management capabilities in relation to disciplinary matters; (e) conduct commission reviews – for a full listing of functions, refer to section 46 of the Act. Pursuant to section 218A of the Act, the commission may make a directive about how departments must deal with complaints made by officers or employees of the department about: (a) decisions made by officers or employees of the department; or (b) the conduct of officers or employees of the department.

  • Sections 43, 44, 46, 86, 218A

A person is eligible to be a public service officer only if the person: (a) is an Australian citizen; or (b) resides in Australia and has permission, under a Commonwealth law, to (i) work in Australia; and (ii) remain in Australia indefinitely.

  • Section 127

A department must establish and implement a system for dealing with customer complaints. The system must: (a) provide for the department to take responsibility for managing the receipt, processing and outcome of a customer complaint; and (b) comply with any Australian Standard about the handling of customer complaints that is in effect from time to time; and (c) provide for giving notice of the outcome of a customer complaint to the complainant (unless the complaint was made anonymously). For the definition of ‘customer complaint’, refer to subsection 219A(4) of the Act.

  • Section 219A
Reason for law

To: (a) establish a high performing apolitical public service that is: (i) responsive to Government priorities; and (ii) focused on the delivery of services in a professional and non-partisan way; and (b) promote the effectiveness and efficiency of government entities; and (c) provide for the administration of the public service and the employment and management of public service employees; and (d) provide for the rights and obligations of public service employees; an (e) promote equality of employment opportunity in the public service and in other particular agencies in the public sector. (Section 3)

Relevant links

Public Service Commission

Search for directives, policies, circulars, and guidelines

Legislation for the public service [Queensland Government]

Working in the public service [Queensland Government]

Critique

N/A

Advertising

APL-advertising-200

× Note: Advertising on this webpage does not indicate that the entity advertising has any specialist expertise or accreditation. If specialist expertise or accreditation is promoted by the advertiser, they will have provided such information in their logo with no involvement from Access Point Law. It is expressly made clear that Access Point Law does not guarantee any level of expertise or accreditation of any advertiser and does not guarantee the accuracy of advertising information. You are encouraged to make your own enquires.

The author expressly disclaims all liability for loss or damage arising from your use or reliance on advertising information published at any time on this website.

Disclaimer: The information published on this webpage has been provided free for the benefit of the public and does not act as advice to any individual or other entity. If you require advice relating to your situation, go visit your professional adviser. The author and any third party advertising on this webpage expressly disclaim all liability for loss or damage arising from your use or reliance on the information published at any time on this webpage.

PLEASE NOTE: The information published on this webpage may be out-of-date. Please compare the currency date of the Act/Regulation against that published on the Office of the Queensland Parliamentary Counsel website. If you require access to Commonwealth statute law, please visit the ComLaw website. If you require access to the local council laws (by-laws), please visit the Local laws database.

Featured image from Flickr Commons – https://www.flickr.com/photos/mennonitechurchusa-archives/8231031178/in/photolist-dxmbNE-ovukbS-hMZy9n-i9P4Mz-hZXkGR-hRhj7T-oeZHbB-hLphH7-hPGPfV-i3aPrF-hLmDTu-hS9XWZ-ouCv3p-othMdw-4i79fr-oddooH-hLqcva-6Vyqiw-oeVkNB-othNmJ-5PbqgB-oudGgD-hTLnpB-ie67Ky-72i7Tv-hVqb9M-idUHoK-oviXDW-oe2nnH-hLkoLe-duCwhx-hLFmvn-icH3UN-ouBi6S-7vsXYp-hTXEuz-i7Wd9U-dK5dxH-i1WB3M-hWtbef-hPXS3R-i6aax8-hXj1Qi-hUpy4u-oe3Fza-ovuiEA-hLaUxk-hSam9B-odpXUS-i3rU5Z

APL-SS BULLETINGLOBAL LAW PROGRAM LOGO

Access Point Law | ABN 85 103 203 656
Copyright 2015 Andrew Bird