Ministerial and Other Office Holder Staff Act 2010
Ministerial and Other Office Holder Staff Act 2010
QueenslandMinisterialandOtherOfficeHolderStaffAct2010Current as at [Not
applicable]Indicative reprint noteThis is anunofficialversion of a
reprint of this Act that incorporates allproposedamendmentstotheActincludedintheMinisterialandOtherOfficeHolderStaffandOtherLegislationAmendmentBill2018.Thisindicativereprinthasbeenpreparedforinformationonly—it is
not anauthorised reprint of the Act.The point-in-time date for this
indicative reprint is the introduction date fortheMinisterialandOtherOfficeHolderStaffandOtherLegislationAmendment Bill
2018—15 May 2018.DetailedinformationaboutindicativereprintsisavailableontheInformationpage of the
Queensland legislation website.
Notauthorised—indicativeonlyMinisterial and Other Office Holder Staff Act
2010Part 1 Preliminary[s 1]Ministerial and Other Office Holder Staff
Act2010An Act to provide for the employment
and conduct of staff ofMinisters and other particular members
of ParliamentPart 1Preliminary1Short
titleThisActmaybecitedastheMinisterialandOtherOfficeHolder Staff Act 2010.2CommencementThis Act
commences on a day to be fixed by proclamation.3DictionaryThe dictionary
in the schedule defines particular words usedin this
Act.4Main purposesThe main
purposes of this Act are—(a)to provide for
the employment of staff in the offices ofparticular
members of the Legislative Assembly; and(b)to
provide for the proper work performance and conductof
the staff members.Current as at [Not applicable]Page
5
Ministerial and Other Office Holder Staff Act
2010Part 2 Employment of staff members[s
5]Part 2Employment of
staff membersNotauthorised—indicativeonly5Functions of
staff memberThe functions of a staff member are the
functions given to thestaffmember,underthestaffmember’scontractofemploymentandbydirectionsmentionedinsection 14,tohelptheemployingmembertoeffectivelydischargetheemploying member’s duties.Examples of functions that may be given to a
staff member—•providing advice•providing administrative support•developing policy proposals•for a ministerial staff member,
working with public sector units toimplement
government policies•preparing communication
materials•liaising with stakeholders6Employment of ministerial staff
memberThe chief executive may, on the Premier’s
recommendation,employ a person as a staff member in the
office of a statedMinister.7Employment of staff member of Leader of the
OppositionThechiefexecutivemay,ontherecommendationoftheLeader of the Opposition, employ a
person as a staff memberin the office of the Leader of the
Opposition.8Employment of staff member of other
non-governmentmember(1)This
section applies to a non-government member, other thanthe
Leader of the Opposition, who is—(a)the
leader of a political party; orPage 6Current as at [Not applicable]
Notauthorised—indicativeonlyMinisterial and Other Office Holder Staff Act
2010Part 2 Employment of staff members[s
9](b)an independent member.(2)The chief executive may, on the
member’s recommendation,employ a person as a staff member in
the member’s office.9No entitlement to staffing of
officeSections 6 to 8 do not confer an entitlement
on any member oftheLegislativeAssemblytohaveastaffmember,oranyparticular
number of staff members, employed in the office ofthe
member of the Legislative Assembly.Notes—1Decisionsabouttheemploymentofstaffmembersdependonresources available to the chief executive
for the purpose.2The level of need for the employment
of a staff member for anon-government member mentioned in
section 8 may be affected,among other matters, by whether the
member has an increasedworkload because of the particular
composition of the LegislativeAssembly.10Basis of employment(1)The employment of a person as a staff
member is on the termsand conditions stated in the person’s
contract of employment.(2)The contract may
include terms and conditions about any ofthe following
matters—(a)remuneration;(b)the
term of employment;(c)endingtheemploymentbeforetheendofthestatedterm;(d)suspension from duty or other
disciplinary action.(3)Subsection(2)doesnotlimitthemattersthatmaybedealtwith
in the stated terms and conditions.(4)The
employment may be full-time or part-time.(5)The
employment may be on a temporary or casual basis.Current as at [Not applicable]Page
7
Notauthorised—indicativeonlyMinisterial and Other Office Holder
Staff Act 2010Part 2 Employment of staff members[s
11]11Nature of employmentA
person employed as a staff member—(a)doesnot,onlybecauseoftheemployment,becomeapublic service employee; and(b)isanemployeefortheIndustrialRelationsAct2016;and(c)is an employee
of the State.Note for paragraph (c)—A delegation may
be made to a staff member under theFinancialAccountability Act 2009, section
76.12SuperannuationFor theSuperannuation (State Public Sector) Act
1990, a staffmember is taken
to be an employee of the department.13Preservation of public service employee’s
rights(1)This section applies if, immediately
before being employed asa staff member, a person was employed
on tenure as a publicservice employee.(2)The
person keeps all rights accrued or accruing to the personas a
public service employee as if service as a staff memberwere
a continuation of service as a public service employee.(3)If the person’s contract of employment
as a staff member endsother than by disciplinary action, or
the contract expires and isnot renewed or
replaced by another contract of employment asa staff
member—(a)thepersonbecomesapublicserviceemployeeemployed on
tenure—(i)attheclassificationlevelatwhichthepersonwouldhavebeenemployedifthepersonhadcontinuedinemploymentasapublicserviceemployee on tenure; andPage 8Current as at [Not applicable]
Notauthorised—indicativeonlyMinisterial and Other Office Holder Staff Act
2010Part 2A Assessing suitability to be a staff
member[s 13A](ii)ontheremunerationtowhichthepersonwouldhave
been entitled if the person had continued inemploymentasapublicserviceemployeeontenure; and(iii)inthedepartmentinwhichthepersonwasemployed immediately before being employed
as astaff member or, if the department has
changed, thedepartment that is the nearest practical
equivalent;and(b)theperson’sserviceasastaffmemberistakentobeservice as a public service employee
for working out theperson’s rights as a public service
employee.Part 2AAssessing
suitability to be astaff memberDivision 1Preliminary13ADefinitions for partIn this
part—criminalhistoryseetheCriminalLaw(RehabilitationofOffenders) Act 1986, section 3.criminal history reportmeansareportgivenundersection13D.Division 2Obtaining criminal histories13BChief executive may ask for consent to
obtain criminalhistory(1)If
the chief executive proposes to employ a person as a staffmember,thechiefexecutivemayaskthepersonforwrittenCurrent as at
[Not applicable]Page 9
Notauthorised—indicativeonlyMinisterial and Other Office Holder
Staff Act 2010Part 2A Assessing suitability to be a staff
member[s 13C]consent for the
chief executive to obtain the person’s criminalhistory.(2)Subsection (1) applies even if the
person is employed as a staffmemberwhenthechiefexecutiveproposestoemploytheperson.13CRefusing consent(1)Thissectionappliesifthepersondoesnotconsent,orwithdrawstheperson’sconsent,tothechiefexecutiveobtaining the
person’s criminal history.(2)Ifthepersonisnotemployedasastaffmember,thechiefexecutivemaydecidenottoconsiderthepersonforemployment as a staff member.(3)Ifthepersonisastaffmember,theperson’semployingmemberor,ifthepersonisaministerialstaffmember,thePremier, may prevent the person from
performing any furtherrelevant duties.(4)For
subsection (3), duties arerelevant dutiesif, because of
thenatureoftheduties,theemployingmemberorPremierconsiders it may
be necessary to have regard to the criminalhistory of a
person who is or will be performing the duties.13DObtaining criminal history with
consent(1)Thissectionappliesifthepersongivesthechiefexecutivewritten consent to the chief executive
obtaining the person’scriminal history.(2)The
chief executive may ask the police commissioner for—(a)awrittenreportabouttheperson’scriminalhistory;and(b)a brief description of the
circumstances of a convictionmentioned in the
criminal history.(3)The request may include the
following—Page 10Current as at
[Not applicable]
Notauthorised—indicativeonlyMinisterial and Other Office Holder Staff Act
2010Part 2A Assessing suitability to be a staff
member[s 13E](a)theperson’snameandanyothernamethechiefexecutive
believes the person may use or may have used;(b)theperson’sdateandplaceofbirth,genderandaddress.(4)The
police commissioner must comply with the request.(5)However, the duty to comply applies
only to information in thepolicecommissioner’spossessionortowhichthepolicecommissioner has
access.13ECriminal history no longer required to
be obtained(1)This section applies if—(a)thechiefexecutivehas,undersection13D,askedthepolice commissioner to give the chief
executive a writtenreport about a person’s criminal history;
and(b)thechiefexecutivedecidesthecriminalhistoryisnolonger
required.(2)Thechiefexecutivemust,bywrittennotice,tellthepolicecommissioner
that the requested report is no longer required.(3)Ifthepolicecommissionerisnotifiedasmentionedinsubsection (2) before the police
commissioner has given therequestedreporttothechiefexecutive,thepolicecommissioner
must not give it to the chief executive.Division 3Use
of criminal histories and relatedmatters13FAssessment of suitabilityIfthechiefexecutiveobtainsaperson’scriminalhistoryunder this part,
the chief executive must—(a)give a copy of
the criminal history to—(i)ifthepersonisproposedtobeemployedasaministerial staff member—the Premier;
orCurrent as at [Not applicable]Page
11
Notauthorised—indicativeonlyMinisterial and Other Office Holder
Staff Act 2010Part 2A Assessing suitability to be a staff
member[s 13G](ii)otherwise—theperson’sproposedemployingmember; and(b)considerthecriminalhistory,inconsultationwiththemember to whom a copy of the criminal
history is given,in making an assessment about the person’s
suitabilityfor employment as a staff member.13GDestruction of reports and
notices(1)This section applies if—(a)acriminalhistoryreportaboutapersonisnolongerrequiredtobekeptforthepurposeforwhichitwasrequested under this part; or(b)a notice given to the chief executive
under section 13I isno longer required to be kept for
assessing a person’ssuitability to perform relevant duties
within the meaningof section 13C.(2)The
chief executive must destroy the report, the notice and anyotherdocumentcontaininginformationcontainedinthereport or
notice.13HPolice commissioner must not use
information givenunder this part(1)Informationgiventothepolicecommissionerbythechiefexecutiveundersection13D(3)mustnotbeaccessed,disclosed or used for any purpose, other
than a purpose underthis part or any other purpose
relevant to law enforcement.(2)However,subsection(1)doesnotapplytoinformationobtainedbythepolicecommissionerbeforethechiefexecutive gave
the information under section 13D(3).Page 12Current as at [Not applicable]
Division 4Ministerial and
Other Office Holder Staff Act 2010Part 2A Assessing
suitability to be a staff member[s 13I]Other mattersNotauthorised—indicativeonly13IProsecuting authority to notify chief
executive aboutcommittal, conviction etc.(1)This section applies if the police
commissioner or the directorofpublicprosecutions(eachaprosecutingauthority)isaware that a
person is employed as a staff member and, afterthe commencement
of this section, the person is charged withan indictable
offence.(2)Ifthepersoniscommittedbyacourtfortrialfortheindictableoffence,theprosecutingauthoritymust,within7days after the committal, give notice
to the chief executive ofthe following—(a)the
person’s name;(b)the court;(c)particulars of the offence;(d)the date of the committal;(e)the court to which the person was
committed.(3)Ifthepersonisconvictedbeforeacourtoftheindictableoffence, the
prosecuting authority must, within 7 days after theconviction, give notice to the chief
executive of the following—(a)the
person’s name;(b)the court;(c)particulars of the offence;(d)the date of the conviction;(e)the sentence imposed by the
court.(4)If the person has appealed against the
conviction mentionedinsubsection(3)andtheappealisfinallydecidedorhasotherwiseended,theprosecutingauthoritymust,within7days after the decision or the day the
appeal otherwise ends,give notice to the chief executive of
the following—(a)the person’s name;Current as at
[Not applicable]Page 13
Notauthorised—indicativeonlyMinisterial and Other Office Holder
Staff Act 2010Part 2A Assessing suitability to be a staff
member[s 13J](b)particulars of the offence;(c)the date of the decision or other
ending of the appeal;(d)if the appeal
was decided—(i)the court in which it was decided;
and(ii)particulars of
the decision.(5)If the prosecution for the indictable
offence ends without thepersonbeingconvictedoftheoffence,theprosecutingauthoritymust,within7daysaftertheprosecutionprocessends, give notice to the chief executive of
the following—(a)the person’s name;(b)the
court;(c)particulars of the offence;(d)the date of the committal;(e)the court to which the person was
committed.(6)For subsection (5), the prosecution
process ends if—(a)anindictmentwaspresentedagainstthepersonbutanolle prosequi is entered on the
indictment or the personis acquitted; or(b)the
prosecution process otherwise ends.13JFalse or misleading statements in
consentApersonmustnotgivethechiefexecutiveaconsentmentioned in
section 13B, or another document for this part,thatthepersonknowscontainsinformationthatisfalseormisleading in a material particular.Maximum penalty—100 penalty units.13KConfidentiality(1)Ifapersonobtainscriminalhistoryinformationincarryingoutfunctionsorperformingdutiesasthechiefexecutive,aMinister,theLeaderoftheOpposition,anon-governmentPage 14Current as at [Not applicable]
Notauthorised—indicativeonlyMinisterial and Other Office Holder Staff Act
2010Part 3 Work performance and conduct of staff
members[s 14]member or a
staff member, the person must not disclose thecriminalhistoryinformationtoanyotherpersonunlessthedisclosure is permitted under subsection
(2).Maximum penalty—100 penalty units.(2)A person is permitted to disclose
criminal history informationabout an
individual to another person—(a)if
the other person is the chief executive, a Minister, theLeader of the Opposition, a non-government
member orastaffmember,forthepurposeofassessingtheindividual’ssuitabilityforemploymentasastaffmember;
or(b)with the individual’s consent;
or(c)ifthedisclosureisotherwiserequiredorpermittedunder an
Act.(3)In this section—criminal history
informationmeans information contained inthe
following—(a)a criminal history report;(b)a notice given to the chief executive
under section 13I.Part 3Work performance
and conductof staff membersDivision 1Directions14Staff
members subject to direction(1)A
ministerial staff member is subject to the direction of his
orher employing member and the Premier.(2)Astaffmemberotherthanaministerialstaffmemberissubject to the direction of his or her
employing member.Current as at [Not applicable]Page
15
Notauthorised—indicativeonlyMinisterial and Other Office Holder
Staff Act 2010Part 3 Work performance and conduct of staff
members[s 15](3)A
staff member may also be subject to the direction of otherpersons under the staff member’s contract of
employment (forexample, a more senior staff member).15Staff members not empowered to direct
public serviceemployees(1)A
public service employee is not subject to the direction of astaff member.(2)Subsection (1)doesnotpreventastaffmembergivingadirection to a public service employee on
behalf of a personwho may lawfully give the direction.Example of a person who may lawfully give a
direction to a public serviceemployee—The
Minister administering a department may give a direction to
thechief executive of the department under
thePublic Service Act 2008,section 100.Division 2Guiding principles and values16Work performance and personal conduct
principlesAstaffmember’sworkperformanceandpersonalconductmust
be directed towards—(a)acting honestly,
fairly and in the public interest; and(b)ensuring the effective, efficient and
appropriate use ofpublic resources; and(c)interacting with public service employees
respectfully,collaboratively and with integrity;
and(d)observingalllawsrelevanttothestaffmember’semployment;
and(e)ensuring the staff member’s personal
conduct does notreflectadverselyonthereputationofhisorheremploying member; andPage 16Current as at [Not applicable]
Notauthorised—indicativeonlyMinisterial and Other Office Holder Staff Act
2010Part 3 Work performance and conduct of staff
members[s 17](f)complying with any code of conduct that
applies to thestaff member under division 3.17Ethics values(1)The
ethics values stated in thePublic Sector
Ethics Act 1994,part 3, division 2 apply to staff
members as if a reference inthe division to
a public official included a staff member.(2)However, ethics values about providing
advice, or acting inrelation to policies, apply to staff
members subject to the waytheymayreasonablybeexpectedtohonestlyandproperlycarry out their
functions helping Ministers, the Leader of theOpposition or
other non-government members.Examples—1A staff member’s function may include
providing advice that is notapolitical.2Thefunctionsofastaffmemberemployedintheofficeofanon-government member may not be
directed towards developingor giving effect
to policies of the government.(3)In
this section—policiesincludes
priorities and decisions.18Purpose and
application of principles and values(1)Theprinciplesandvaluesapplyingtostaffmembersundersections16and17areintendedtoguidestaffmembersintheir work performance and personal conduct
and are not ofthemselves legally enforceable.(2)Thechiefexecutivemayhaveregardtotheprinciplesandvalues when making a decision under this Act
relating to thework performance or personal conduct of
staff members.Example of a decision for subsection
(2)—a decision about including a particular
condition in a staff member’scontract of
employmentCurrent as at [Not applicable]Page
17
Ministerial and Other Office Holder Staff Act
2010Part 3 Work performance and conduct of staff
members[s 19]Division 3Codes of conductNotauthorised—indicativeonly19Codes of
conduct(1)The chief executive may approve a code
of conduct applyingto—(a)ministerial
staff members; or(b)staff members employed in the office
of the Leader ofthe Opposition; or(c)staff members employed under section
8.(2)In deciding whether to approve a code
of conduct, the chiefexecutive must have regard to the
principles and ethics valuesapplying to
staff members under division 2.(3)Subsection (1) applies subject to section
21(2).20Purpose of codesThe purpose of a
code of conduct is to provide standards ofconduct for the
staff members to whom it applies.21Consultation about, and review of,
codes(1)Forthissection,therelevantpersonforacodeofconductis—(a)foracodeapplyingtoministerialstaffmembers—thePremier;
or(b)for a code applying to staff members
employed in theoffice of the Leader of the Opposition—the
Leader ofthe Opposition; or(c)for
a code applying to staff members employed undersection8—eachpersonwhoisanemployingmemberfor
a staff member employed under section 8.(2)The
chief executive must consult with the relevant person, oreach
relevant person, for a code of conduct before approvingthe
code under section 19.Page 18Current as at
[Not applicable]
Notauthorised—indicativeonlyMinisterial and Other Office Holder Staff Act
2010Part 3 Work performance and conduct of staff
members[s 22](3)Thechiefexecutivemustreviewacodeofconductifrequestedbyapersonwhois,atthetimeoftherequest,arelevant person for the code.22Compliance with codes(1)Astaffmembermustcomplywithanapprovedcodeofconduct that applies to the staff
member.(2)Contraventionofanapprovedcodeofconductbyastaffmember may give
rise to disciplinary action under the staffmember’s
contract of employment.Division 4Declaration of
interests and dealingwith conflicts23References to interest or conflict of
interestA reference in this division to an interest
or to a conflict ofinterest is a reference to those matters
within their ordinarymeaning under the general law, and, in
relation to an interest,the definition in theActs
Interpretation Act 1954, schedule 1,does not
apply.24Declaration of interests(1)Astaffmembermustgivehisorheremployingmemberastatement about the staff member’s
interests—(a)within 1 month after starting
employment; and(b)wheneverthereisachangetothestaffmember’sinterests that
is of a type prescribed under a directive ofthe chief
executive; and(c)during June in each year.(2)The statement must include the
information required under adirective of the
chief executive.Current as at [Not applicable]Page
19
Ministerial and Other Office Holder Staff Act
2010Part 4 Miscellaneous[s 25](3)The statement required under
subsection (1)(b) must be givenas soon as
practicable after the relevant facts about the changecome
to the staff member’s knowledge.Notauthorised—indicativeonly25Conflicts of
interest(1)If a staff member has an interest that
conflicts or may conflictwith the discharge of the staff
member’s responsibilities, thestaff
member—(a)must disclose the nature of the
interest and conflict tohisorheremployingmemberassoonaspracticableaftertherelevantfactscometothestaffmember’sknowledge; and(b)mustnottakeactionorfurtheractionconcerningamatter that is, or may be, affected by the
conflict unlessauthorised by his or her employing
member.(2)Theemployingmemberforastaffmembermaydirectthestaff member to resolve a conflict or
possible conflict betweenaninterestofthestaffmemberandthestaffmember’sresponsibilities.Part 4MiscellaneousDivision 1Rulings26Chief
executive may make directives(1)The
chief executive may, by gazette notice, make a directiveabout a matter relating to the employment of
staff members,including, for example, a directive about
standards of conductapplying to staff members.(2)A directive may provide for a matter
by applying, adopting orincorporating the provisions of a
public service directive, as inforceataparticulartimeorfromtimetotime,withanynecessarychangestoapplythepublicservicedirectiveinPage
20Current as at [Not applicable]
Notauthorised—indicativeonlyMinisterial and Other Office Holder Staff Act
2010Part 4 Miscellaneous[s 27]relationtostaffmembers,andwithorwithoutanyothermodification.(3)A
directive binds the persons to whom it applies.(4)In
this section—publicservicedirectivemeansadirectivemadeunderthePublic Service Act 2008.27Relationship with legislationIfadirectiveisinconsistentwithanActorsubordinatelegislation, the
Act or subordinate legislation prevails to theextent of the
inconsistency.28Relationship between directives and
industrialinstruments(1)This
section applies if a directive deals with a matter all orpart
of which is dealt with under an industrial instrument ofthe
IRC.(2)The directive prevails over the
industrial instrument, unless aregulation
provides otherwise.(3)In this section—directiveincludesadecisionmadeintheexerciseofadiscretion under
a directive.IRCmeanstheIndustrialRelationsCommissionundertheIndustrial Relations Act 2016.29Chief executive
may make guidelines(1)Thechiefexecutivemaymakeaguidelineaboutamatterrelating to the
employment of staff members.(2)Aguidelinemaybemadeinthewaythechiefexecutiveconsiders appropriate.(3)A
guideline may provide for a matter by applying, adopting orincorporating the provisions of a public
service guideline, asCurrent as at [Not applicable]Page
21
Notauthorised—indicativeonlyMinisterial and Other Office Holder
Staff Act 2010Part 4 Miscellaneous[s 30]in
force at a particular time or from time to time, with anynecessarychangestoapplythepublicserviceguidelineinrelationtostaffmembers,andwithorwithoutanyothermodification.(4)A
guideline is for the guidance only of the persons to whom itapplies.(5)In
this section—publicserviceguidelinemeansaguidelinemadeunderthePublic Service Act 2008.30Replaced public service rulings(1)Thissectionappliesif,undersection26(2)or29(3),adirectiveorguidelineprovidesforamatterbyapplying,adopting or
incorporating theprovisions of a public serviceruling (thefirst public
service ruling).(2)The directive or
guideline may provide that, if the first publicservicerulingisrepealedandanewpublicservicerulingdealing with substantially the same subject
matter is made toreplace it, the directive or guideline
continues to operate as ifareferenceinittothefirstpublicservicerulingwereareference to the new public service
ruling.(3)In this section—publicservicerulingmeansapublicservicedirectiveorpublicserviceguidelinemadeunderthePublicServiceAct2008.Division 2Application of
Acts31Application of Crime and Corruption
Act 2001FortheCrimeandCorruptionAct2001,astaffmemberistaken to hold an appointment in the
department.Page 22Current as at
[Not applicable]
Notauthorised—indicativeonlyMinisterial and Other Office Holder Staff Act
2010Part 4 Miscellaneous[s 32]32Application of Ombudsman Act
2001For theOmbudsman Act
2001, a staff member is taken to bean
officer of the department.Division 3Other
matters33Advisory committees(1)Thechiefexecutivemayestablishadvisorycommitteestoadvise the Premier on issues relevant to
this Act.(2)The chief executive may appoint a
person as a member of anadvisorycommitteeifthechiefexecutiveissatisfiedtheperson has skills or experience appropriate
to the committee’sterms of reference or functions.(3)Amemberofanadvisorycommitteeisentitledtotheremuneration and allowances, if any,
stated in the member’sterms of appointment.(4)Thechiefexecutivemaydecidemattersaboutanadvisorycommitteethatarenotprovidedforunderthissectionincluding,forexample,thewayacommitteemustconductmeetings or report to the Premier.34Annual report(1)Attheendofeachfinancialyear,thechiefexecutivemustprepare and give
to the Premier a report about the operation ofthis Act during
the financial year.(2)Thereportmustincludedetailsofthestaffmembersemployed under this Act for all or part of
the financial year.(3)The chief executive must give the
report to the Premier by anagreed date that
allows the Premier to table the report underthis
section.(4)The report may be included in the
department’s annual reportfor the financial year.Current as at [Not applicable]Page
23
Notauthorised—indicativeonlyMinisterial and Other Office Holder
Staff Act 2010Part 4 Miscellaneous[s 35]Note—TheFinancialAccountabilityAct2009,section 63statestherequirement for tabling the
department’s annual report.(5)If
the report is not included in the department’s annual reportfor
the financial year, the Premier must table the report in theLegislativeAssemblywithin3monthsaftertheendofthefinancial year.35Delegations(1)ThePremiermaydelegatethePremier’sfunctionsundersection6toanappropriatelyqualifiedministerialstaffmember.(2)Thechiefexecutivemaydelegatethechiefexecutive’sfunctions under
this Act to an appropriately qualified publicservice
employee.(3)In this section—appropriatelyqualifiedincludeshavingthequalifications,experience or
standing appropriate for the function.Example of
standing for a public service employee—the employee’s
classification or level in a departmentfunctionsincludes powers.36Effect of Act on the State(1)Subject to subsection (3), this Act
binds the State.(2)ThechiefexecutiveemployspersonsunderthisActastheauthorised agent
of the State.(3)The right or power of the State
recognised at common law todispense with
the services of a person employed by the Stateis not abrogated
or restricted by any provision of this Act.Page 24Current as at [Not applicable]
Ministerial and Other Office Holder Staff Act
2010Part 5 Transitional[s 37]37Regulation-making powerTheGovernorinCouncilmaymakeregulationsunderthisAct.Notauthorised—indicativeonlyPart
5Transitional38Meaning of commencementIn this
part—commencementmeans the
commencement of the provision inwhich the term
appears.39Currently appointed staff
members(1)This section applies to a person who,
immediately before thecommencement, was employed by the
chief executive under acontractofemploymentunderthePublicServiceAct2008,section 147 or 148 in the office of a
Minister or the office ofthe Leader of the Opposition.(2)The person is not, only because of
that employment, a publicservice employee.(3)While the person continues to be employed
under the contractof employment—(a)the
person is a staff member; and(b)thisActappliestothepersonasifthecontractofemployment had been entered into under
this Act.40Declaration of interests of currently
appointed staffmembers(1)A
staff member mentioned in section 39 must give his or heremployingmemberastatementcomplyingwithsection24within 1 month after the
commencement.(2)However, subsection (1) does not apply
if—Current as at [Not applicable]Page
25
Notauthorised—indicativeonlyMinisterial and Other Office Holder
Staff Act 2010Part 5 Transitional[s 41](a)the staff member gave a complying
statement to his orher employing member on or after 1 June last
occurringbefore the commencement; and(b)there has been no material change to
the staff member’sinterests since the last complying statement
given to theemploying member.(3)In
this section—complyingstatementmeansastatement,givenbeforethecommencement,thatincludedallinformationofthetyperequired to be
included in a statement under section 24 givenimmediately
after the commencement.materialchangemeansachangeofthetypementionedinsection24(1)(b)asinforceimmediatelyafterthecommencement.41Codes
of conduct(1)A current code of conduct has effect,
from the commencementuntil it is revoked under this Act, as
if it were approved underpart 3, division 3.(2)In this section—current code of
conductmeans a code of conduct that—(a)is expressed to apply to—(i)persons employed in ministerial
offices; or(ii)persons employed
in the office of the Leader of theOpposition;
and(b)wasapprovedbythePremierbeforethecommencement; and(c)wasinforceimmediatelybeforethecommencementunder
administrative arrangements.42Rulings(1)This
section applies to a ruling (acurrent
ruling) that—Page 26Current as at [Not applicable]
Notauthorised—indicativeonlyMinisterial and Other Office Holder Staff Act
2010Part 5 Transitional[s 42](a)was made under thePublic Service
Act 2008before thecommencement;
and(b)immediatelybeforethecommencement,appliedtoaperson employed
by the chief executive under a contractofemploymentunderthePublicServiceAct2008,section147or148intheofficeofaMinisterortheoffice of the Leader of the
Opposition.(2)Subject to subsection (3), the current
ruling applies in relationtostaffmembers,duringthetransitionalperiod,asifareference in it to a public service employee
included a staffmember and with any other necessary
changes.(3)The current ruling stops applying in
relation to staff membersunder subsection (2) if—(a)thecurrentrulingisrevokedunderthePublicServiceAct
2008; or(b)the
chief executive makes a directive under section 26 orguidelineundersection29,whicheverisrelevant,ending the
application of the current ruling in relation tostaff members.(4)Thissectiondoesnotaffectthechiefexecutive’spowertomake a directive under section 26 or
guideline under section29applyingacurrentrulinginrelationtostaffmembersduring or after the transitional
period.(5)A reference in this Act to a directive
of the chief executiveincludesadirectiveunderthePublicServiceAct2008applying in
relation to a staff member under this section.(6)In
this section—transitional periodmeans the period
of 3 months starting onthe commencement.Current as at
[Not applicable]Page 27
Notauthorised—indicativeonlyMinisterial and Other Office Holder
Staff Act 2010ScheduleScheduleDictionarysection 3AssistantMinistermeansamemberoftheLegislativeAssemblyappointedasanAssistantMinisterundertheConstitution of Queensland 2001,
section 24.commencement, for part 5,
see section 38.criminal history, for part 2A,
see section 13A.criminal history report, for part 2A,
see section 13A.directive,ofthechiefexecutive,includesapublicservicedirective to the extent it applies in
relation to a staff memberunder section 26(2).employing member, for a staff
member, means the Minister orother member of
the Legislative Assembly in whose office thestaff member is
employed.independent membermeans a
non-government member whois not a member of the political party
to which the Leader ofthe Opposition belongs.LeaderoftheOppositionmeansthememberoftheLegislative Assembly recognised in the
Legislative Assemblyas the Leader of the
Opposition.Ministerincludes an
Assistant Minister.ministerial staff membermeans a person
employed under thisAct as a staff member in the office of a
Minister.non-government membermeans a member
of the LegislativeAssembly who is not a member of a political
party recognisedin the Legislative Assembly as being in
government.policecommissionermeansthecommissionerofthepoliceservice under
the Police Service Administration Act 1990.remunerationincludes
salary.Page 28Current as at
[Not applicable]
Ministerial and Other Office Holder Staff Act
2010Schedulestaff
membermeans a person employed under this Act as
astaffmemberintheofficeofaMinister,theLeaderoftheOpposition or another non-government
member.Notauthorised—indicativeonlyCurrent as at [Not applicable]Page
29