An Act to establish the office of cross-border commissioner and for related purposes
This Act may be cited as the Cross-Border Commissioner Act 2024.
The main object of this Act is to establish the office of cross-border commissioner to—(a)enhance stakeholder engagement and facilitate collaboration between the State and relevant jurisdictions in areas of mutual interest relating to cross-border communities; and(b)facilitate the identification, and advocate for the resolution, of issues related to residing in cross-border communities that impede regional economic development, community resilience and service delivery.
In this Act—border jurisdiction means—(a)New South Wales; or(b)Northern Territory; or(c)South Australia.commissioner means the cross-border commissioner appointed under part 2.cross-border community means a community in a local government area that is adjacent to the border between the State and a border jurisdiction.relevant jurisdiction means—(a)the Commonwealth; or(b)a border jurisdiction.
There is to be a cross-border commissioner.
(1)The main functions of the commissioner are—(a)to facilitate the operation of cross-border agreements; and(b)to build effective relationships with—(i)stakeholders in cross-border communities; and(ii)stakeholders whose activities affect cross-border communities; and(c)to enhance stakeholder engagement and facilitate collaboration between the State and a relevant jurisdiction to advocate for—(i)the resolution of issues affecting cross-border communities; and(ii)improved access to services for cross-border communities; and(d)to provide advice to stakeholders in cross-border communities on government policies and programs relevant to cross-border communities; and(e)to provide advice to the government on issues affecting cross-border communities; and(f)to perform any other function given to the commissioner under this or another Act.(2)The commissioner has power to do anything necessary or convenient to be done for the performance of the commissioner’s functions.(3)In this section—cross-border agreement means an agreement between the State and a border jurisdiction in relation to collaboration on matters affecting—(a)cross-border communities; and(b)communities in the border jurisdiction that are adjacent to the border between the State and the border jurisdiction.
6Not a statutory body for particular Acts
To remove any doubt, it is declared that the commissioner is not a statutory body for the Financial Accountability Act 2009 or the Statutory Bodies Financial Arrangements Act 1982.
The commissioner may perform the commissioner’s functions inside and outside Queensland.
The commissioner may delegate a power of the commissioner under this Act or another Act to a public service officer who is appropriately qualified to exercise the power delegated.
(1)The commissioner is appointed by the Governor in Council on the recommendation of the Minister.(2)The Minister may recommend a person only if the person is appropriately qualified to perform the functions of the commissioner.
(1)The commissioner holds office for the term, of not more than 3 years, stated in the commissioner’s instrument of appointment.(2)A person may be re-appointed as commissioner only once for a further term of not more than 3 years.
(1)The commissioner is to be paid the remuneration and allowances decided by the Governor in Council.(2)A person holds office as the commissioner on the conditions decided by the Governor in Council.(3)The commissioner is appointed under this Act and not the Public Sector Act 2022.
12Preservation of rights of commissioner
(1)This section applies if a person who is a public service officer is appointed as commissioner.(2)The person keeps all rights accrued or accruing to the person as a public service officer as if service as the commissioner were a continuation of service as a public service officer.(3)At the end of the person’s term of office or resignation as commissioner, the person’s service as the commissioner is taken to be service of a like nature in the public service for deciding the person’s rights as a public service officer.
13Vacancy in office of commissioner
The office of commissioner becomes vacant if the commissioner—(a)resigns under section 14; or(b)is removed by the Governor in Council under section 15.
(1)The commissioner may resign the commissioner’s office by giving the Minister a signed letter of resignation.(2)The resignation takes effect when the Minister receives the resignation or, if a later day is stated in the letter, the later day.
(1)The Governor in Council may, at any time, remove a person from office as the commissioner on the recommendation of the Minister.(2)The Minister may recommend the removal of the person from office as the commissioner if the Minister is satisfied the person—(a)is guilty of misconduct of a type that could warrant dismissal from the public service if the commissioner were an officer of the public service; or(b)is incapable of performing the functions of the commissioner; or(c)has neglected the duties of the commissioner, or performed the duties of the commissioner incompetently.(3)This section does not otherwise limit the Acts Interpretation Act 1954, section 25.
The Minister may appoint a person to act in the office of commissioner during—(a)a vacancy in the office of commissioner; or(b)a period when the commissioner is absent from duty, or can not, for another reason, perform the functions of the office.
17Office of the cross-border commissioner
(1)The office of the cross-border commissioner is established.(2)The office’s function is to help the commissioner perform the commissioner’s functions.(3)The office consists of the commissioner and the commissioner’s staff.
The commissioner’s staff are employed under the Public Sector Act 2022.
(1)The commissioner controls the office.(2)Subsection (1) does not prevent the attachment of the office to the department to ensure the office is supplied with the administrative support services the office requires to perform its function effectively and efficiently.
20Staff not subject to outside direction
(1)The commissioner’s staff are not subject to direction by any person, other than from within the office, about the way the commissioner’s functions are to be performed.(2)Subsection (1) applies despite the Public Sector Act 2022.
(1)The Minister may give the commissioner a written direction about a matter relevant to the performance of the commissioner’s functions.(2)The commissioner must comply with a direction given under subsection (1).(3)The commissioner must include details, in the commissioner’s annual report prepared under section 24, of—(a)any direction given by the Minister under subsection (1) during the financial year to which the report relates; and(b)the actions taken by the commissioner as a result of the direction.
(1)The Minister may give the commissioner a written statement (a statement of expectations) about the Minister’s expectations for the performance of the commissioner’s functions.(2)Without limiting subsection (1), the statement of expectations may—(a)state a particular period for which the statement applies; and(b)provide for the nature and scope of the commissioner’s activities for a particular period.(3)The commissioner must have regard to the statement of expectations in performing the commissioner’s functions.
The commissioner must—(a)keep the Minister reasonably informed about the functions performed by the commissioner; and(b)comply with a reasonable request by the Minister to give the Minister stated information at a stated time about the functions performed by the commissioner.
(1)The commissioner must prepare and give to the Minister, within 3 months after the end of each financial year, a report on the functions performed by the commissioner during the financial year.(2)The Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving the report.
(1)The commissioner may enter into an arrangement (an information-sharing arrangement) with a relevant agency for the purposes of sharing or exchanging information—(a)held by the commissioner or relevant agency; or(b)to which the commissioner or relevant agency has access.(2)An information-sharing arrangement may relate only to information that assists—(a)the commissioner in performing the commissioner’s functions under this Act; or(b)the relevant agency in performing its functions.(3)Under an information-sharing arrangement, the commissioner and the relevant agency are, despite another Act or law, authorised to—(a)ask for and receive information held by the other party to the arrangement or to which the other party has access; and(b)disclose information to the other party.(4)In this section—relevant agency means—(a)the chief executive of a department or a person who is the equivalent of the chief executive of a department of a relevant jurisdiction; or(b)a local government or the equivalent of a local government of a relevant jurisdiction; or(c)a person who is the equivalent of the commissioner in a border jurisdiction; or(d)another entity established for a State government purpose, or for a government purpose of a relevant jurisdiction, that performs functions or administers matters relevant to cross-border communities.
(1)This section applies to a person who—(a)is, or has been, performing functions under or relating to the administration of this Act; and(b)in that capacity, has acquired or has access to personal information about another person.(2)The person must not disclose the information to anyone else, or use the information, other than under this section.Maximum penalty—50 penalty units.
(3)The person may disclose or use the information—(a)to the extent the disclosure or use is—(i)necessary to perform a function under or relating to the administration of this Act; or(ii)otherwise required or permitted under this Act or another law; or(b)with the consent of the person to whom the information relates; or(c)in compliance with a lawful process requiring production of documents to, or giving evidence before, a court or tribunal.(4)In this section—disclose includes give access to.information includes a document.personal information means information about a person’s affairs.
(1)The commissioner is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.(2)If subsection (1) prevents civil liability attaching to the commissioner, the liability attaches instead to the State.For protection from civil liability in relation to prescribed persons under the Public Sector Act 2022, section 267, see section 269 of that Act.
(1)The Minister must review the effectiveness of this Act as soon as practicable after the day that is 3 years after the commencement.(2)As soon as practicable after finishing the review, the Minister must table a report about its outcome in the Legislative Assembly.