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STATUTORY BODIES LEGISLATION AMENDMENT BILL 2007

          Queensland



Statutory Bodies Legislation
Amendment Bill 2007

 


 

 

Queensland Statutory Bodies Legislation Amendment Bill 2007 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Part 2 Amendment of Agricultural College Act 2005 2 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 3 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 4 Amendment of s 14 (Delegation by corporation) . . . . . . . . . . . . . 14 5 Replacement of pt 2, div 5 (Staff of corporation) . . . . . . . . . . . . . 15 Division 5 Other provisions 15 Corporation may enter into work performance arrangements ............................ 15 6 Insertion of new pt 2A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Part 2A Australian Agricultural College Employing Office Division 1 Establishment and functions of employing office 16 Establishment of employing office . . . . . . . . . . . . . . . 16 17 Employing office represents the State . . . . . . . . . . . . 16 18 Functions of employing office . . . . . . . . . . . . . . . . . . . 16 Division 2 Executive officer 19 Appointment of executive officer. . . . . . . . . . . . . . . . . 17 20 Executive officer acting for employing office. . . . . . . . 17 Division 3 Staff of employing office 20A Employing office may employ staff . . . . . . . . . . . . . . . 17 20B Preservation of rights in relation to public service employees .............................. 18 20C Secondment as employee of employing office . . . . . . 18

 


 

2 Statutory Bodies Legislation Amendment Bill 2007 20D Employing office may enter into work performance arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Division 4 Other provisions 20E Employing office is statutory body . . . . . . . . . . . . . . . 20 7 Amendment of pt 4, div 2 hdg (Director and other staff of agricultural college) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 8 Amendment of s 37 (Director and other staff) . . . . . . . . . . . . . . . 21 9 Amendment of s 39 (Student advisory council) . . . . . . . . . . . . . . 21 10 Insertion of new pt 6, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Division 3 Transitional provisions for Statutory Bodies Legislation Amendment Act 2007 60 Rights and entitlements of particular employees . . . . 22 61 Application of industrial instruments. . . . . . . . . . . . . . 23 62 Amending Act does not affect particular powers of corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 63 Continued application of repealed provisions. . . . . . . 24 11 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 24 Part 3 Amendment of Libraries Act 1988 12 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 13 Amendment of s 2 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . 25 14 Amendment of pt 2, div 2 hdg (State librarian and staff) . . . . . . . 25 15 Amendment of s 13 (State librarian and other officers) . . . . . . . . 25 16 Amendment of s 17 (Delegation by State librarian) . . . . . . . . . . . 26 17 Omission of s 18 (Employees) . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 18 Relocation and renumbering of s 19 (Superannuation schemes) 26 19 Amendment of s 20 (Functions of board) . . . . . . . . . . . . . . . . . . . 26 20 Amendment of s 24 (Restrictions on powers of board) . . . . . . . . 27 21 Amendment of s 25 (Persons having dealings with board etc.) . . 27 22 Amendment of s 40 (Delegation by board). . . . . . . . . . . . . . . . . . 27 23 Insertion of new pt 2, div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Division 6 Other provisions 40A Board may enter into work performance arrangements ......................... 27 24 Amendment of s 81 (Inspection of material or receptacle brought onto board's premises) . . . . . . . . . . . . . . . . . . . . . . . . . . 28 25 Insertion of new pt 10, div 1 hdg . . . . . . . . . . . . . . . . . . . . . . . . . 29 26 Amendment of s 88 (Definition for pt 10) . . . . . . . . . . . . . . . . . . . 29 27 Insertion of new pt 10, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

 


 

3 Statutory Bodies Legislation Amendment Bill 2007 Division 2 Transitional provisions for Statutory Bodies Legislation Amendment Act 2007 90 Rights and entitlements of particular employees . . . . 29 91 Non-application of Industrial Relations Act 1999, s 167 ................................ 30 92 Amending Act does not affect particular powers of board ................................. 31 93 Continued application of repealed s 18 . . . . . . . . . . . 31 94 Application of Act to particular officers . . . . . . . . . . . . 31 Part 4 Amendment of Major Sports Facilities Act 2001 28 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 29 Insertion of new s 25A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 25A Authority may enter into work performance arrangements ............................ 32 30 Amendment of s 30 (Delegations) . . . . . . . . . . . . . . . . . . . . . . . . 33 31 Insertion of new pt 3A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Part 3A Major Sports Facilities Employing Office Division 1 Establishment and functions of employing office 30AA Establishment of employing office . . . . . . . . . . . . . . . 33 30AB Employing office represents the State . . . . . . . . . . . . 34 30AC Functions of employing office . . . . . . . . . . . . . . . . . . . 34 Division 2 Executive officer 30AD Appointment of executive officer. . . . . . . . . . . . . . . . . 34 30AE Executive officer acting for employing office. . . . . . . . 35 Division 3 Staff of employing office 30AF Employing office may employ staff . . . . . . . . . . . . . . . 35 30AG Employing office may enter into work performance arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Division 4 Other provisions 30AH Employing office is statutory body . . . . . . . . . . . . . . . 36 32 Insertion of new pt 6, div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Division 6 Transitional provisions for Statutory Bodies Legislation Amendment Act 2007 80 Rights and entitlements of particular employees . . . . 37 81 Application of industrial instruments. . . . . . . . . . . . . . 39 33 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 39 Part 5 Amendment of Queensland Art Gallery Act 1987 34 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

 


 

4 Statutory Bodies Legislation Amendment Bill 2007 35 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 40 36 Amendment of pt 2, div 2 hdg (Director and staff) . . . . . . . . . . . . 40 37 Amendment of s 12 (Director and other officers) . . . . . . . . . . . . . 40 38 Omission of s 13 (Employees) . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 39 Amendment of s 17 (Delegation by director) . . . . . . . . . . . . . . . . 40 40 Relocation and renumbering of s 18 (Superannuation schemes) 41 41 Amendment of s 23 (Restrictions on powers of board) . . . . . . . . 41 42 Amendment of s 24 (Persons having dealings with board etc.) . . 41 43 Amendment of s 40 (Delegation by board). . . . . . . . . . . . . . . . . . 41 44 Insertion of new pt 2, div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Division 6 Other provisions 40A Board may enter into work performance arrangements ......................... 42 45 Amendment of s 52 (Monitoring and assessment of board). . . . . 43 46 Insertion of new pt 7, div 1 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 43 47 Amendment of s 69 (Definition for pt 7) . . . . . . . . . . . . . . . . . . . . 43 48 Insertion of new pt 7, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Division 2 Transitional provisions for Statutory Bodies Legislation Amendment Act 2007 71 Rights and entitlements of particular employees . . . . 44 72 Non-application of Industrial Relations Act 1999, s 167 ................................ 45 73 Amending Act does not affect particular powers of board ................................. 45 74 Continued application of repealed s 13 . . . . . . . . . . . 45 75 Application of Act to particular officers . . . . . . . . . . . . 45 Part 6 Amendment of Queensland Building Services Authority Act 1991 49 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 50 Amendment of s 10A (Appointment of members) . . . . . . . . . . . . 46 51 Amendment of s 20 (Delegation) . . . . . . . . . . . . . . . . . . . . . . . . . 46 52 Amendment of s 21 (Appointment of insurance manager) . . . . . . 47 53 Insertion of new pt 2, div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Division 7 Other provisions 29 Authority may enter into work performance arrangements .......................... 48 54 Insertion of new pt 2A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Part 2A Queensland Building Services Employing Office

 


 

5 Statutory Bodies Legislation Amendment Bill 2007 Division 1 Establishment and functions of employing office 29A Establishment of employing office . . . . . . . . . . . . . . . 49 29B Employing office represents the State . . . . . . . . . . . . 49 29C Functions of employing office . . . . . . . . . . . . . . . . . . . 49 Division 2 Executive officer 29D Appointment of executive officer. . . . . . . . . . . . . . . . . 50 29E Executive officer acting for employing office. . . . . . . . 50 Division 3 Staff of employing office 29F Employing office may employ staff . . . . . . . . . . . . . . . 50 29G Employing office may enter into work performance arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Division 4 Other provisions 29H Employing office is statutory body . . . . . . . . . . . . . . . 51 55 Amendment of s 104 (Appointment of inspectors) . . . . . . . . . . . . 52 56 Amendment of s 108 (Obligation of assessment manager) . . . . . 52 57 Amendment of s 114 (Protection). . . . . . . . . . . . . . . . . . . . . . . . . 52 58 Insertion of new sch 1, pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Part 7 Transitional provisions for Statutory Bodies Legislation Amendment Act 2007 29 Rights and entitlements of particular employees . . . . 53 30 Application of industrial instruments. . . . . . . . . . . . . . 55 59 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 55 Part 7 Amendment of Queensland Museum Act 1970 60 Act amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 61 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 56 62 Amendment of s 16 (Restrictions on powers of board) . . . . . . . . 56 63 Amendment of s 17 (Persons having dealings with board etc.) . . 56 64 Amendment of s 34 (Delegation by board). . . . . . . . . . . . . . . . . . 57 65 Amendment of pt 2, div 5 hdg (Director and staff) . . . . . . . . . . . . 57 66 Amendment of s 35 (Director and other officers) . . . . . . . . . . . . . 57 67 Amendment of s 39 (Delegation by director) . . . . . . . . . . . . . . . . 57 68 Relocation and renumbering of s 40 (Superannuation schemes) 58 69 Omission of s 41 (Employees) . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 70 Relocation and renumbering of s 42 (Honorary assistants) . . . . . 58 71 Insertion of new pt 2, div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 Division 6 Other provisions

 


 

6 Statutory Bodies Legislation Amendment Bill 2007 42A Board may enter into work performance arrangements ......................... 58 72 Amendment of s 57 (Protection from liability of persons acting under the Act). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 73 Insertion of new pt 7, div 1 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 59 74 Amendment of s 70 (Definition for pt 7) . . . . . . . . . . . . . . . . . . . . 60 75 Insertion of new pt 7, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Division 2 Transitional provisions for Statutory Bodies Legislation Amendment Act 2007 72 Rights and entitlements of particular employees . . . . 60 73 Non-application of Industrial Relations Act 1999, s 167 ................................ 61 74 Amending Act does not affect particular powers of board ................................. 61 75 Continued application of repealed s 41 . . . . . . . . . . . 61 76 Application of Act to particular officers . . . . . . . . . . . . 62 Part 8 Amendment of Residential Tenancies Act 1994 76 Act amended in pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 77 Amendment of s 295 (Duration of appointment) . . . . . . . . . . . . . 62 78 Insertion of new s 302A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 302A Authority may enter into work performance arrangements .......................... 63 79 Replacement of ch 8, pt 7 hdg (Staff of authority) . . . . . . . . . . . . 64 80 Omission of ch 8, pt 7, div 1 hdg (Chief executive officer) . . . . . . 64 81 Omission of ch 8, pt 7, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 82 Omission of ch 8, pt 7, div 3 hdg (Conflict of interest) . . . . . . . . . 64 83 Amendment, relocation and renumbering of s 311 (Disclosure of interests). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 84 Insertion of new ch 8A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 Chapter 8A Residential Tenancies Employing Office Part 1 Establishment and functions of employing office 309 Establishment of employing office . . . . . . . . . . . . . . . 65 310 Employing office represents the State . . . . . . . . . . . . 65 311 Functions of employing office . . . . . . . . . . . . . . . . . . . 65 Part 2 Executive officer 311A Appointment of executive officer. . . . . . . . . . . . . . . . . 66 311B Executive officer acting for employing office. . . . . . . . 66 Part 3 Staff of employing office

 


 

7 Statutory Bodies Legislation Amendment Bill 2007 311C Employing office may employ staff . . . . . . . . . . . . . . . 67 311D Employing office may enter into work performance arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Part 4 Other provisions 311E Employing office is statutory body . . . . . . . . . . . . . . . 68 311F Application of Crime and Misconduct Act 2001 . . . . . 68 85 Amendment of s 319 (Protection from liability). . . . . . . . . . . . . . . 69 86 Insertion of new ch 11, pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 Part 4 Transitional provisions for Statutory Bodies Legislation Amendment Act 2007 351 Rights and entitlements of particular employees . . . . 69 352 Application of industrial instruments. . . . . . . . . . . . . . 70 353 Amending Act does not affect particular powers of authority ............................... 70 354 Continued application of repealed s 309 . . . . . . . . . . 71 87 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 71 Part 9 Amendment of South Bank Corporation Act 1989 88 Act amended in pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 89 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 90 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 72 91 Omission of s 14 (Employment of staff and consultants) . . . . . . . 73 92 Insertion of new s 31A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 31A Corporation may enter into work performance arrangements .......................... 73 93 Insertion of new pt 4A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 Part 4A South Bank Employing Office Division 1 Establishment and functions of employing office 31B Establishment of employing office . . . . . . . . . . . . . . . 74 31C Employing office represents the State . . . . . . . . . . . . 74 31D Functions of employing office . . . . . . . . . . . . . . . . . . . 75 Division 2 Executive officer 31E Appointment of executive officer. . . . . . . . . . . . . . . . . 75 31F Executive officer acting for employing office. . . . . . . . 75 Division 3 Staff of employing office 31G Employing office may employ staff . . . . . . . . . . . . . . . 76 31H Employing office may enter into work performance arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 Division 4 Other provisions

 


 

8 Statutory Bodies Legislation Amendment Bill 2007 31I Employing office is statutory body . . . . . . . . . . . . . . . 77 94 Insertion of new pt 11, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 Division 3 Transitional provisions for Statutory Bodies Legislation Amendment Act 2007 125 Rights and entitlements of particular employees . . . . 78 126 Application of industrial instruments. . . . . . . . . . . . . . 79 127 Amending Act does not affect particular powers of corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 128 Continued application of repealed s 14 . . . . . . . . . . . 79 95 Amendment of sch 1 (Additional provisions about members and procedure of the board). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 Part 10 Amendment of Tourism Queensland Act 1979 96 Act amended in pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 97 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 98 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 80 99 Replacement of ss 16 and 17. . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 16 Corporation may enter into work performance arrangements .......................... 81 100 Amendment of s 19 (Delegation) . . . . . . . . . . . . . . . . . . . . . . . . . 82 101 Insertion of new pt 2, div 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 Division 2A General manager 20A Appointment of general manager . . . . . . . . . . . . . . . . 82 102 Amendment of s 27 (Custody of seal--authentication of documents) ..................................... 83 103 Insertion of new pt 2AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 Part 2AA Tourism Queensland Employing Office Division 1 Establishment and functions of employing office 29AA Establishment of employing office . . . . . . . . . . . . . . . 83 29AB Employing office represents the State . . . . . . . . . . . . 83 29AC Functions of employing office . . . . . . . . . . . . . . . . . . . 84 Division 2 Executive officer 29AD Appointment of executive officer. . . . . . . . . . . . . . . . . 84 29AE Executive officer acting for employing office. . . . . . . . 84 Division 3 Staff of employing office 29AF Employing office may employ staff . . . . . . . . . . . . . . . 85 29AG Employing office may enter into work performance arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 Division 4 Other provisions

 


 

9 Statutory Bodies Legislation Amendment Bill 2007 29AH Employing office is statutory body . . . . . . . . . . . . . . . 86 104 Insertion of new pt 5, div 1 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 86 105 Insertion of new pt 5, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 Division 2 Transitional provisions for Statutory Bodies Legislation Amendment Act 2007 38 Rights and entitlements of particular employees . . . . 87 39 Application of industrial instruments. . . . . . . . . . . . . . 89 40 Amending Act does not affect particular powers of corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 41 Continued application of repealed s 16 . . . . . . . . . . . 89 42 Continuation in office of general manager . . . . . . . . . 89 Part 11 Amendment of Water Act 2000 106 Act amended in pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 107 Amendment of s 542 (Purpose of ch 4) . . . . . . . . . . . . . . . . . . . . 90 108 Replacement of ch 4, pt 3, div 4 (Water authority employees) . . . 90 Division 4 Work performance arrangements 584 Water authority may enter into work performance arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 109 Amendment of s 585 (Duties and liabilities of water authority officers) ........................................ 91 110 Amendment of s 618 (Power to grant relief) . . . . . . . . . . . . . . . . . 92 111 Amendment of s 619 (False or misleading information or documents) ..................................... 92 112 Insertion of new ch 4, pt 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 Part 4A Employing offices for water authorities Division 1 Establishment and functions of employing offices for water authorities 625 Establishment of employing office for water authority 93 626 Employing office for water authority represents the State ................................. 93 627 Functions of employing office for water authority . . . . 94 Division 2 Executive officer 628 Appointment of executive officer. . . . . . . . . . . . . . . . . 94 629 Executive officer acting for employing office of water authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 Division 3 Staff of employing offices for water authorities 630 Employing office for water authority may employ staff 95 631 Employing office for water authority may enter into work performance arrangements . . . . . . . . . . . . . . . . 95 Division 4 Other provisions

 


 

10 Statutory Bodies Legislation Amendment Bill 2007 632 Employing office for water authority is statutory body 96 113 Replacement of s 704 (Existing employees) . . . . . . . . . . . . . . . . 97 704 Existing employees. . . . . . . . . . . . . . . . . . . . . . . . . . . 97 114 Amendment of s 936 (Responsibility for acts or omissions of representatives) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 115 Insertion of new ch 9, pt 5, div 8. . . . . . . . . . . . . . . . . . . . . . . . . . 98 Division 8 Transitional provisions for Statutory Bodies Legislation Amendment Act 2007 1147 Rights and entitlements of particular employees . . . . 98 1148 Application of industrial instruments. . . . . . . . . . . . . . 100 1149 Amending Act does not affect particular powers of water authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 1150 Continued application of repealed provisions. . . . . . . 100 116 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 100 Part 12 Amendment of Workers' Compensation and Rehabilitation Act 2003 117 Act amended in pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 118 Amendment of s 337 (Regard to particular ability in appointment of directors) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 119 Amendment of s 389 (General restriction of WorkCover's powers) ....................................... 101 120 Amendment of s 392 (Protection of persons who deal with WorkCover) ..................................... 102 121 Amendment of s 422 (Power to grant relief) . . . . . . . . . . . . . . . . . 102 122 Amendment of s 423 (False or misleading information or documents) ..................................... 102 123 Amendment of s 428 (Delegation by board). . . . . . . . . . . . . . . . . 102 124 Amendment of s 445 (Delegation by chief executive officer) . . . . 103 125 Replacement of s 448 (Basis of employment generally) . . . . . . . 103 448 WorkCover may enter into work performance arrangements .......................... 103 126 Omission of s 450 (Arrangements relating to staff) . . . . . . . . . . . 104 127 Amendment of s 466 (Appointment of authorised persons) . . . . . 104 128 Insertion of new ch 8A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 Chapter 8A WorkCover Employing Office Part 1 Establishment and functions of employing office 475A Establishment of employing office . . . . . . . . . . . . . . . 105 475B Employing office represents the State . . . . . . . . . . . . 105 475C Functions of employing office . . . . . . . . . . . . . . . . . . . 105

 


 

11 Statutory Bodies Legislation Amendment Bill 2007 Part 2 Executive officer 475D Appointment of executive officer. . . . . . . . . . . . . . . . . 106 475E Executive officer acting for employing office. . . . . . . . 106 Part 3 Staff of employing office 475F Employing office may employ staff . . . . . . . . . . . . . . . 106 475G Employing office may enter into work performance arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 Part 4 Other provisions 475H Employing office is statutory body . . . . . . . . . . . . . . . 108 129 Amendment of s 599 (Previous non-policy compensation arrangement with State) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 130 Insertion of new ch 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 Chapter 20 Transitional provisions for Statutory Bodies Legislation Amendment Act 2007 644 Rights and entitlements of particular employees . . . . 109 645 Application of industrial instruments. . . . . . . . . . . . . . 111 646 Amending Act does not affect particular powers of WorkCover . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 647 Continued application of repealed s 448 . . . . . . . . . . 111 131 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 111

 


 

 

2007 A Bill for An Act to amend various Acts establishing statutory bodies

 


 

s1 14 s4 Statutory Bodies Legislation Amendment Bill 2007 The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 Clause 1 Short title 3 This Act may be cited as the Statutory Bodies Legislation 4 Amendment Act 2007. 5 Part 2 Amendment of Agricultural 6 College Act 2005 7 Clause 2 Act amended in pt 2 8 This part amends the Agricultural College Act 2005. 9 Clause 3 Amendment of long title 10 Long title, after `college,'-- 11 insert-- 12 `to establish the Australian Agricultural College 13 Employing Office,'. 14 Clause 4 Amendment of s 14 (Delegation by corporation) 15 (1) Section 14(1)(a) and (b)-- 16 renumber as section 14(1)(b) and (c). 17 (2) Section 14(1)-- 18 insert-- 19 `(a) an appropriately qualified employee of the employing 20 office or of another government entity who performs 21

 


 

s5 15 s5 Statutory Bodies Legislation Amendment Bill 2007 work for the corporation under a work performance 1 arrangement; or'. 2 Clause 5 Replacement of pt 2, div 5 (Staff of corporation) 3 Part 2, division 5-- 4 omit, insert-- 5 `Division 5 Other provisions 6 `15 Corporation may enter into work performance 7 arrangements 8 `(1) The corporation may enter into, and give effect to, a work 9 performance arrangement with-- 10 (a) the employing office; or 11 (b) the appropriate authority of another government entity. 12 `(2) A work performance arrangement may make provision for all 13 matters necessary or convenient to be provided under the 14 arrangement. 15 `(3) For example, a work performance arrangement may provide 16 for-- 17 (a) the appointment of a person to an office, and the holding 18 of the office by the person, for the arrangement; and 19 (b) the authorising of a person to exercise powers for the 20 arrangement; and 21 (c) whether payment is to be made for work done under the 22 arrangement and, if so, what payment is to be made and 23 who is to make the payment. 24 `(4) A person performing work for the corporation under a work 25 performance arrangement entered into under subsection (1)-- 26 (a) is not employed by the corporation; and 27 (b) remains an employee of the employing office, or an 28 employee of the other government entity whose 29 appropriate authority is a party to the arrangement. 30 `(5) To remove any doubt, it is declared that the corporation does 31 not have power to employ a person performing work for the 32

 


 

s6 16 s6 Statutory Bodies Legislation Amendment Bill 2007 corporation under a work performance arrangement entered 1 into under subsection (1).'. 2 Clause 6 Insertion of new pt 2A 3 After part 2-- 4 insert-- 5 `Part 2A Australian Agricultural College 6 Employing Office 7 `Division 1 Establishment and functions of 8 employing office 9 `16 Establishment of employing office 10 `(1) The Australian Agricultural College Employing Office is 11 established. 12 `(2) The employing office consists of-- 13 (a) the executive officer; and 14 (b) the employees of the employing office. 15 `(3) The employing office is a separate entity from the 16 corporation. 17 `17 Employing office represents the State 18 `(1) The employing office represents the State. 19 `(2) Without limiting subsection (1), the employing office has the 20 status, privileges and immunities of the State. 21 `18 Functions of employing office 22 `(1) The main functions of the employing office are-- 23 (a) entering into, for the State, a work performance 24 arrangement with the corporation under which 25 employees of the employing office perform work for the 26 corporation; and 27

 


 

s6 17 s6 Statutory Bodies Legislation Amendment Bill 2007 (b) employing, for the State, staff to perform work for the 1 corporation under the work performance arrangement; 2 and 3 (c) doing anything incidental to the discharge of the 4 functions mentioned in paragraphs (a) and (b). 5 `(2) Also, the employing office has any other function conferred 6 on the employing office under this or another Act. 7 `(3) This section does not limit the employing office's power to 8 enter into and give effect to a work performance arrangement 9 under section 20D with a government entity other than the 10 corporation. 11 `Division 2 Executive officer 12 `19 Appointment of executive officer 13 `(1) There is to be an executive officer of the employing office. 14 `(2) The executive officer is to be appointed by the Governor in 15 Council. 16 `(3) The executive officer is appointed under this Act and not 17 under the Public Service Act 1996. 18 `20 Executive officer acting for employing office 19 `(1) The employing office acts through the executive officer. 20 `(2) Anything done by the executive officer in the name of, or for, 21 the employing office is taken to have been done by the 22 employing office. 23 `Division 3 Staff of employing office 24 `20A Employing office may employ staff 25 `(1) The employing office may, for the State, employ staff. 26 `(2) A person employed under subsection (1) is an employee of the 27 employing office. 28

 


 

s6 18 s6 Statutory Bodies Legislation Amendment Bill 2007 `(3) The employing office may decide the terms of employment of 1 the employees of the employing office. 2 `(4) Subsection (3) applies subject to any relevant industrial 3 instrument. 4 `(5) Employees of the employing office are employed under this 5 Act and not under the Public Service Act 1996. 6 `20B Preservation of rights in relation to public service 7 employees 8 `(1) Subsection (2) applies to a person who-- 9 (a) is appointed as an employee of the employing office; 10 and 11 (b) was a public service employee immediately before 12 taking up the appointment. 13 `(2) The person is entitled to retain all existing and accruing rights 14 as if service as an employee of the employing office were a 15 continuation of service as a public service employee. 16 `(3) If a person is appointed as a public service employee and the 17 person was, immediately before taking up the appointment, an 18 employee of the employing office, the person's service as an 19 employee of the employing office under this Act must be 20 regarded as service as a public service employee. 21 `20C Secondment as employee of employing office 22 `(1) A public service employee may be seconded to the employing 23 office. 24 `(2) While seconded under this section-- 25 (a) the person is taken to be an employee of the employing 26 office; and 27 (b) the Public Service Act 1996 does not apply to the 28 person. 29 `(3) A public service employee seconded under this section -- 30 (a) is entitled to the person's existing and accruing rights as 31 if employment as an employee of the employing office 32

 


 

s6 19 s6 Statutory Bodies Legislation Amendment Bill 2007 were a continuation of employment as a public service 1 employee; and 2 (b) may apply for positions, and be employed, in the public 3 service as if the person were a public service employee. 4 `(4) On ending the secondment, the person's employment on 5 secondment as an employee of the employing office is taken 6 to be employment of the same nature in the public service for 7 working out the person's rights as a public service employee. 8 `(5) If the secondment ended for a reason other than misconduct, 9 the person is entitled to be employed as a public service 10 employee. 11 `(6) This section has effect despite section 20D. 12 `20D Employing office may enter into work performance 13 arrangements 14 `(1) The employing office may, for the State, enter into and give 15 effect to a work performance arrangement with-- 16 (a) the corporation; or 17 (b) the appropriate authority of another government entity. 18 `(2) A work performance arrangement may make provision for all 19 matters necessary or convenient to be provided under the 20 arrangement. 21 `(3) For example, a work performance arrangement may provide 22 for-- 23 (a) the appointment of a person to an office, and the holding 24 of the office by the person, for the arrangement; and 25 (b) the authorising of a person to exercise powers for the 26 arrangement; and 27 (c) whether payment is to be made for work done under the 28 arrangement and, if so, what payment is to be made and 29 who is to make the payment. 30 `(4) A person performing work for the corporation or other 31 government entity under a work performance arrangement 32 entered into under subsection (1)-- 33

 


 

s7 20 s7 Statutory Bodies Legislation Amendment Bill 2007 (a) is not employed by the corporation or other government 1 entity; and 2 (b) remains an employee of the employing office. 3 `(5) To remove any doubt, it is declared that the corporation or 4 another government entity does not have power to employ a 5 person performing work for the corporation or other 6 government entity under a work performance arrangement 7 entered into under subsection (1). 8 `Division 4 Other provisions 9 `20E Employing office is statutory body 10 `(1) The employing office is a statutory body under-- 11 (a) the Financial Administration and Audit Act 1977; and 12 (b) the Statutory Bodies Financial Arrangements Act 1982. 13 `(2) For applying the Financial Administration and Audit Act 1977 14 to the employing office as a statutory body-- 15 (a) the executive officer is taken to be the chairperson of the 16 employing office; and 17 (b) section 46G(4) of that Act is taken to require the 18 executive officer to consider the annual financial 19 statements and the auditor-general's report mentioned in 20 the subsection as soon as practicable after they are 21 received by the employing office; and 22 (c) section 46H of that Act is taken to require the executive 23 officer to consider any observations, suggestions or 24 comments given to the executive officer under section 25 93(4) of that Act as soon as practicable after the 26 executive officer receives them.'. 27 Clause 7 Amendment of pt 4, div 2 hdg (Director and other staff of 28 agricultural college) 29 Part 4, division 2, heading, `and other staff'-- 30 omit. 31

 


 

s8 21 s 10 Statutory Bodies Legislation Amendment Bill 2007 Clause 8 Amendment of s 37 (Director and other staff) 1 (1) Section 37, heading, `and other staff'-- 2 omit. 3 (2) Section 37(3)-- 4 omit. 5 (3) Section 37(4), `and other staff'-- 6 omit. 7 (4) Section 37(6), from `and other' to `college are'-- 8 omit, insert-- 9 `is'. 10 (5) Section 37(4) to (6)-- 11 renumber as section 37(3) to (5). 12 Clause 9 Amendment of s 39 (Student advisory council) 13 (1) Section 39(4), from `agricultural college staff' to `staff of the 14 agricultural college'-- 15 omit, insert-- 16 `staff of the agricultural college are to elect persons who are 17 members of the staff'. 18 (2) Section 39-- 19 insert-- 20 `(6) In this section-- 21 staff, of the agricultural college, means employees of the 22 employing office or of another government entity who 23 perform work for the corporation, being work for the 24 agricultural college, under a work performance arrangement.'. 25 Clause 10 Insertion of new pt 6, div 3 26 Part 6-- 27 insert-- 28

 


 

s 10 22 s 10 Statutory Bodies Legislation Amendment Bill 2007 `Division 3 Transitional provisions for Statutory 1 Bodies Legislation Amendment Act 2 2007 3 `60 Rights and entitlements of particular employees 4 `(1) This section applies to a person who-- 5 (a) becomes an employee of the employing office; and 6 (b) was an employee of the corporation-- 7 (i) immediately before the commencement of this 8 section; and 9 (ii) immediately before becoming an employee of the 10 employing office. 11 `(2) On becoming an employee of the employing office, the person 12 is taken to be employed under section 20A on the conditions 13 on which the person would have been employed by the 14 corporation, immediately before the person became an 15 employee of the employing office, if the corporation had 16 never become an employer under the Workplace Relations Act 17 1996 (Cwlth). 18 `(3) Also-- 19 (a) the person keeps all rights and entitlements, including 20 entitlements to receive long service, recreation and sick 21 leave and any similar entitlements, that-- 22 (i) have accrued or were accruing to the person as an 23 employee of the corporation; and 24 (ii) would have accrued to the person if the corporation 25 had never become an employer under the 26 Workplace Relations Act 1996 (Cwlth); and 27 (b) if the person is a member of a superannuation scheme-- 28 (i) the person keeps all entitlements accrued or 29 accruing to the person as a member of the scheme; 30 and 31 (ii) the person's membership of the scheme is not 32 affected. 33

 


 

s 10 23 s 10 Statutory Bodies Legislation Amendment Bill 2007 `(4) Without limiting subsection (3), for working out the person's 1 rights and entitlements, including entitlements to receive long 2 service, recreation and sick leave and any similar entitlements, 3 employment of the person by the employing office is a 4 continuation of employment of the person by the corporation. 5 `(5) If the person was a seconded employee immediately before 6 becoming an employee of the employing office, the 7 arrangement under which the person was performing work for 8 a government entity other than the corporation may continue 9 until the arrangement ends, and, if the arrangement does 10 continue-- 11 (a) subsection (2) does not apply to the person; and 12 (b) on the ending of the arrangement, the person is taken to 13 be employed under section 20A on the conditions on 14 which the person would have been employed by the 15 corporation, on the ending of the arrangement, if-- 16 (i) the person had continued to be an employee of the 17 corporation; and 18 (ii) the corporation had never become an employer 19 under the Workplace Relations Act 1996 (Cwlth). 20 `(6) Subsections (2) and (5)(b) do not limit section 20A(3) and (4). 21 `(7) In this section-- 22 employee of the corporation includes a seconded employee. 23 seconded employee means an employee of the corporation 24 performing work for another government entity under an 25 arrangement entered into, before the commencement of this 26 section, by the corporation with the appropriate authority of 27 the other government entity. 28 `61 Application of industrial instruments 29 `The employing office is taken to be bound by the industrial 30 instruments that bound the corporation immediately before it 31 became an employer under the Workplace Relations Act 1996 32 (Cwlth). 33

 


 

s 11 24 s 11 Statutory Bodies Legislation Amendment Bill 2007 `62 Amending Act does not affect particular powers of 1 corporation 2 `Nothing in the Statutory Bodies Legislation Amendment Act 3 2007, part 2, affects the powers of the corporation under 4 section 7. 5 `63 Continued application of repealed provisions 6 `(1) Part 2, division 5,1 as in force immediately before the 7 commencement of this section (the repealed division), 8 continues to apply in relation to persons employed by the 9 corporation under the repealed division immediately before 10 the commencement while that employment continues. 11 `(2) Also, section 19 of the repealed division continues to apply to 12 those persons on the ending of their employment by the 13 corporation. 14 `(3) Section 37,2 as in force immediately before the 15 commencement of this section, continues to apply in relation 16 to persons employed by the corporation under repealed 17 section 37(3) immediately before the commencement while 18 that employment continues. 19 `(4) This section does not limit section 62.'. 20 Clause 11 Amendment of sch 2 (Dictionary) 21 Schedule 2-- 22 insert-- 23 `employee of the employing office see section 20A(2). 24 employing office means the Australian Agricultural College 25 Employing Office established under section 16. 26 executive officer means the executive officer of the employing 27 office appointed under section 19. 28 1 Part 2 (Australian Agricultural College Corporation), division 5 (Staff of corporation) 2 Section 37 (Director and other staff)

 


 

s 12 25 s 15 Statutory Bodies Legislation Amendment Bill 2007 government entity see the Public Service Act 1996, section 1 21. 2 work performance arrangement means an arrangement under 3 which an employee of a government entity performs work for 4 another government entity.'. 5 Part 3 Amendment of Libraries Act 6 1988 7 Clause 12 Act amended in pt 3 8 This part amends the Libraries Act 1988. 9 Clause 13 Amendment of s 2 (Interpretation) 10 Section 2(1)-- 11 insert-- 12 `commencement, for part 10, division 1, see section 88. 13 government entity see the Public Service Act 1996, section 14 21. 15 work performance arrangement means an arrangement under 16 which an employee of a government entity performs work for 17 another government entity.'. 18 Clause 14 Amendment of pt 2, div 2 hdg (State librarian and staff) 19 Part 2, division 2, heading, `and staff'-- 20 omit. 21 Clause 15 Amendment of s 13 (State librarian and other officers) 22 (1) Section 13, heading-- 23 omit, insert-- 24

 


 

s 16 26 s 19 Statutory Bodies Legislation Amendment Bill 2007 `13 Appointment of State librarian'. 1 (2) Section 13(3)-- 2 omit. 3 Clause 16 Amendment of s 17 (Delegation by State librarian) 4 Section 17(1), from `to an'-- 5 omit, insert-- 6 `to-- 7 (a) an appropriately qualified employee of a department or 8 another government entity performing work for the 9 board under a work performance arrangement; or 10 (b) an appropriately qualified employee of the board.'. 11 Clause 17 Omission of s 18 (Employees) 12 Section 18-- 13 omit. 14 Clause 18 Relocation and renumbering of s 19 (Superannuation 15 schemes) 16 Section 19-- 17 relocate and renumber, in part 2, division 6 as inserted by 18 section 23 of this Act, as section 40B. 19 Clause 19 Amendment of s 20 (Functions of board) 20 Section 20(1)(f)-- 21 omit, insert-- 22 `(f) to supervise in their duties all persons-- 23 (i) performing work for the board under a work 24 performance arrangement; or 25 (ii) appointed or employed under this Act;'. 26

 


 

s 20 27 s 23 Statutory Bodies Legislation Amendment Bill 2007 Clause 20 Amendment of s 24 (Restrictions on powers of board) 1 Section 24(8), definition officer, paragraph (c)-- 2 omit, insert-- 3 `(c) an employee of a department or another government 4 entity performing work for the board under a work 5 performance arrangement; or'. 6 Clause 21 Amendment of s 25 (Persons having dealings with board 7 etc.) 8 Section 25(6), definition officer, paragraph (c)-- 9 omit, insert-- 10 `(c) an employee of a department or another government 11 entity performing work for the board under a work 12 performance arrangement; or'. 13 Clause 22 Amendment of s 40 (Delegation by board) 14 Section 40(d)-- 15 omit, insert-- 16 `(d) an appropriately qualified employee of a department or 17 another government entity performing work for the 18 board under a work performance arrangement; or 19 (e) an appropriately qualified employee of the board.'. 20 Clause 23 Insertion of new pt 2, div 6 21 Part 2-- 22 insert-- 23 `Division 6 Other provisions 24 `40A Board may enter into work performance 25 arrangements 26 `(1) The board may enter into, and give effect to, a work 27 performance arrangement with-- 28

 


 

s 24 28 s 24 Statutory Bodies Legislation Amendment Bill 2007 (a) the chief executive of a department; or 1 (b) the appropriate authority of another government entity. 2 `(2) A work performance arrangement may make provision for all 3 matters necessary or convenient to be provided under the 4 arrangement. 5 `(3) For example, a work performance arrangement may provide 6 for-- 7 (a) the appointment of a person to an office, and the holding 8 of the office by the person, for the arrangement; and 9 (b) the authorising of a person to exercise powers for the 10 arrangement; and 11 (c) whether payment is to be made for work done under the 12 arrangement and, if so, what payment is to be made and 13 who is to make the payment. 14 `(4) A person performing work for the board under a work 15 performance arrangement entered into under subsection (1)-- 16 (a) is not employed by the board; and 17 (b) remains an employee of the department or other 18 government entity whose appropriate authority is a party 19 to the arrangement. 20 `(5) To remove any doubt, it is declared that the board does not 21 have power to employ a person performing work for the board 22 under a work performance arrangement entered into under 23 subsection (1).'. 24 Clause 24 Amendment of s 81 (Inspection of material or receptacle 25 brought onto board's premises) 26 (1) Section 81(2) to (5), `or employee'-- 27 omit. 28 (2) Section 81(5)-- 29 insert-- 30 `officer, of the board, means-- 31 (a) the State librarian; or 32

 


 

s 25 29 s 27 Statutory Bodies Legislation Amendment Bill 2007 (b) an employee of a department or another government 1 entity performing work for the board under a work 2 performance arrangement; or 3 (c) an employee of the board.'. 4 Clause 25 Insertion of new pt 10, div 1 hdg 5 Part 10, before section 88-- 6 insert-- 7 `Division 1 Transitional provisions for Arts 8 Legislation Amendment Act 2003'. 9 Clause 26 Amendment of s 88 (Definition for pt 10) 10 (1) Section 88, heading, `pt 10'-- 11 omit, insert-- 12 `div 1'. 13 (2) Section 88, `part'-- 14 omit, insert-- 15 `division'. 16 Clause 27 Insertion of new pt 10, div 2 17 Part 10-- 18 insert-- 19 `Division 2 Transitional provisions for Statutory 20 Bodies Legislation Amendment Act 21 2007 22 `90 Rights and entitlements of particular employees 23 `(1) This section applies to a person who-- 24 (a) becomes a public service employee; and 25 (b) was an employee of the board-- 26

 


 

s 27 30 s 27 Statutory Bodies Legislation Amendment Bill 2007 (i) immediately before the commencement of this 1 section; and 2 (ii) immediately before becoming a public service 3 employee. 4 `(2) On becoming a public service employee-- 5 (a) the person keeps all rights and entitlements, including 6 entitlements to receive long service, recreation and sick 7 leave and any similar entitlements, that-- 8 (i) have accrued or were accruing to the person as an 9 employee of the board; and 10 (ii) would have accrued to the person if the board had 11 never become an employer under the Workplace 12 Relations Act 1996 (Cwlth); and 13 (b) if the person is a member of a superannuation scheme-- 14 (i) the person keeps all entitlements accrued or 15 accruing to the person as a member of the scheme; 16 and 17 (ii) the person's membership of the scheme is not 18 affected. 19 `(3) Without limiting subsection (2), for working out the person's 20 rights and entitlements, including entitlements to receive long 21 service, recreation and sick leave and any similar entitlements, 22 employment of the person as a public service employee is a 23 continuation of employment of the person by the board. 24 `91 Non-application of Industrial Relations Act 1999, 25 s 167 26 `For the purpose of the Industrial Relations Act 1999, section 27 167,3 a department or public service office does not become 28 the successor of any part of the business of the board only 29 because the department or public service office becomes the 30 employer of persons previously employed by the board. 31 3 Industrial Relations Act 1999, section 167 (Successor employers bound)

 


 

s 27 31 s 27 Statutory Bodies Legislation Amendment Bill 2007 `92 Amending Act does not affect particular powers of 1 board 2 `Nothing in the Statutory Bodies Legislation Amendment Act 3 2007, part 3, affects the powers of the board under section 22. 4 `93 Continued application of repealed s 18 5 `(1) Section 18, as in force immediately before the 4 6 commencement of this section, continues to apply in relation 7 to persons employed by the board under the section 8 immediately before the commencement while that 9 employment continues. 10 `(2) This section does not limit section 92. 11 `94 Application of Act to particular officers 12 `(1) This section applies to a person who-- 13 (a) immediately before the commencement of this section, 14 was an officer mentioned in section 13(3) as in force 15 immediately before that commencement; and 16 (b) on the commencement, continues to perform work for 17 the board. 18 `(2) For sections 17, 20, 24, 25, 40 and 81, until the chief executive 19 of the department enters into a work performance 20 arrangement with the board the person is taken to be an 21 employee of a department or other government entity 22 performing work for the board under a work performance 23 arrangement. 24 `(3) If, immediately before the commencement of this section, a 25 delegation of a power to the person was in force under section 26 17 or 40, as the section was in force immediately before the 27 commencement, the delegation continues in force until it is 28 revoked.'. 29 4 Section 18 (Employees)

 


 

s 28 32 s 29 Statutory Bodies Legislation Amendment Bill 2007 Part 4 Amendment of Major Sports 1 Facilities Act 2001 2 Clause 28 Act amended in pt 4 3 This part amends the Major Sports Facilities Act 2001. 4 Clause 29 Insertion of new s 25A 5 Part 3, division 5-- 6 insert-- 7 `25A Authority may enter into work performance 8 arrangements 9 `(1) The Authority may enter into, and give effect to, a work 10 performance arrangement with-- 11 (a) the employing office; or 12 (b) the appropriate authority of another government entity. 13 `(2) A work performance arrangement may make provision for all 14 matters necessary or convenient to be provided under the 15 arrangement. 16 `(3) For example, a work performance arrangement may provide 17 for-- 18 (a) the appointment of a person to an office, and the holding 19 of the office by the person, for the arrangement; and 20 (b) the authorising of a person to exercise powers for the 21 arrangement; and 22 (c) whether payment is to be made for work done under the 23 arrangement and, if so, what payment is to be made and 24 who is to make the payment. 25 `(4) A person performing work for the Authority under a work 26 performance arrangement entered into under subsection (1)-- 27 (a) is not employed by the Authority; and 28 (b) remains an employee of the employing office, or an 29 employee of the other government entity whose 30 appropriate authority is a party to the arrangement. 31

 


 

s 30 33 s 31 Statutory Bodies Legislation Amendment Bill 2007 `(5) To remove any doubt, it is declared that the Authority does not 1 have power to employ a person performing work for the 2 Authority under a work performance arrangement entered into 3 under subsection (1).'. 4 Clause 30 Amendment of s 30 (Delegations) 5 (1) Section 30(1)(b)-- 6 renumber as section 30(1)(c). 7 (2) Section 30(1)-- 8 insert-- 9 `(b) an appropriately qualified employee of the employing 10 office or of another government entity who performs 11 work for the Authority under a work performance 12 arrangement; or'. 13 (3) Section 30(2), definition appropriately qualified, example, 14 `the Authority'-- 15 omit, insert-- 16 `an entity'. 17 Clause 31 Insertion of new pt 3A 18 After part 3-- 19 insert-- 20 `Part 3A Major Sports Facilities 21 Employing Office 22 `Division 1 Establishment and functions of 23 employing office 24 `30AA Establishment of employing office 25 `(1) The Major Sports Facilities Employing Office is established. 26 `(2) The employing office consists of-- 27 (a) the executive officer; and 28

 


 

s 31 34 s 31 Statutory Bodies Legislation Amendment Bill 2007 (b) the employees of the employing office. 1 `(3) The employing office is a separate entity from the Authority. 2 `30AB Employing office represents the State 3 `(1) The employing office represents the State. 4 `(2) Without limiting subsection (1), the employing office has the 5 status, privileges and immunities of the State. 6 `30AC Functions of employing office 7 `(1) The main functions of the employing office are-- 8 (a) entering into, for the State, a work performance 9 arrangement with the Authority under which employees 10 of the employing office perform work for the Authority; 11 and 12 (b) employing, for the State, staff to perform work for the 13 Authority under the work performance arrangement; 14 and 15 (c) doing anything incidental to the discharge of the 16 functions mentioned in paragraphs (a) and (b). 17 `(2) Also, the employing office has any other function conferred 18 on the employing office under this or another Act. 19 `(3) This section does not limit the employing office's power to 20 enter into and give effect to a work performance arrangement 21 under section 30AG with a government entity other than the 22 Authority. 23 `Division 2 Executive officer 24 `30AD Appointment of executive officer 25 `(1) There is to be an executive officer of the employing office. 26 `(2) The executive officer is to be appointed by the Governor in 27 Council. 28

 


 

s 31 35 s 31 Statutory Bodies Legislation Amendment Bill 2007 `(3) The executive officer is appointed under this Act and not 1 under the Public Service Act 1996. 2 `30AE Executive officer acting for employing office 3 `(1) The employing office acts through the executive officer. 4 `(2) Anything done by the executive officer in the name of, or for, 5 the employing office is taken to have been done by the 6 employing office. 7 `Division 3 Staff of employing office 8 `30AF Employing office may employ staff 9 `(1) The employing office may, for the State, employ staff. 10 `(2) A person employed under subsection (1) is an employee of the 11 employing office. 12 `(3) The employing office may decide the terms of employment of 13 the employees of the employing office. 14 `(4) Subsection (3) applies subject to any relevant industrial 15 instrument. 16 `(5) Employees of the employing office are employed under this 17 Act and not under the Public Service Act 1996. 18 `30AG Employing office may enter into work performance 19 arrangements 20 `(1) The employing office may, for the State, enter into and give 21 effect to a work performance arrangement with-- 22 (a) the Authority; or 23 (b) the appropriate authority of another government entity. 24 `(2) A work performance arrangement may make provision for all 25 matters necessary or convenient to be provided under the 26 arrangement. 27 `(3) For example, a work performance arrangement may provide 28 for-- 29

 


 

s 31 36 s 31 Statutory Bodies Legislation Amendment Bill 2007 (a) the appointment of a person to an office, and the holding 1 of the office by the person, for the arrangement; and 2 (b) the authorising of a person to exercise powers for the 3 arrangement; and 4 (c) whether payment is to be made for work done under the 5 arrangement and, if so, what payment is to be made and 6 who is to make the payment. 7 `(4) A person performing work for the Authority or other 8 government entity under a work performance arrangement 9 entered into under subsection (1)-- 10 (a) is not employed by the Authority or other government 11 entity; and 12 (b) remains an employee of the employing office. 13 `(5) To remove any doubt, it is declared that the Authority or 14 another government entity does not have power to employ a 15 person performing work for the Authority or other 16 government entity under a work performance arrangement 17 entered into under subsection (1). 18 `Division 4 Other provisions 19 `30AH Employing office is statutory body 20 `(1) The employing office is a statutory body under-- 21 (a) the Financial Administration and Audit Act 1977; and 22 (b) the Statutory Bodies Financial Arrangements Act 1982. 23 `(2) For applying the Financial Administration and Audit Act 1977 24 to the employing office as a statutory body-- 25 (a) the executive officer is taken to be the chairperson of the 26 employing office; and 27 (b) section 46G(4) of that Act is taken to require the 28 executive officer to consider the annual financial 29 statements and the auditor-general's report mentioned in 30 the subsection as soon as practicable after they are 31 received by the employing office; and 32

 


 

s 32 37 s 32 Statutory Bodies Legislation Amendment Bill 2007 (c) section 46H of that Act is taken to require the executive 1 officer to consider any observations, suggestions or 2 comments given to the executive officer under section 3 93(4) of that Act as soon as practicable after the 4 executive officer receives them.'. 5 Clause 32 Insertion of new pt 6, div 6 6 Part 6-- 7 insert-- 8 `Division 6 Transitional provisions for Statutory 9 Bodies Legislation Amendment Act 10 2007 11 `80 Rights and entitlements of particular employees 12 `(1) This section applies to a person who-- 13 (a) becomes an employee of the employing office; and 14 (b) was an employee of the Authority-- 15 (i) immediately before the commencement of this 16 section; and 17 (ii) immediately before becoming an employee of the 18 employing office. 19 `(2) On becoming an employee of the employing office, the person 20 is taken to be employed under section 30AF on the conditions 21 on which the person would have been employed by the 22 Authority, immediately before the person became an 23 employee of the employing office, if the Authority had never 24 become an employer under the Workplace Relations Act 1996 25 (Cwlth). 26 `(3) Also-- 27 (a) the person keeps all rights and entitlements, including 28 entitlements to receive long service, recreation and sick 29 leave and any similar entitlements, that-- 30 (i) have accrued or were accruing to the person as an 31 employee of the Authority; and 32

 


 

s 32 38 s 32 Statutory Bodies Legislation Amendment Bill 2007 (ii) would have accrued to the person if the Authority 1 had never become an employer under the 2 Workplace Relations Act 1996 (Cwlth); and 3 (b) if the person is a member of a superannuation scheme-- 4 (i) the person keeps all entitlements accrued or 5 accruing to the person as a member of the scheme; 6 and 7 (ii) the person's membership of the scheme is not 8 affected. 9 `(4) Without limiting subsection (3), for working out the person's 10 rights and entitlements, including entitlements to receive long 11 service, recreation and sick leave and any similar entitlements, 12 employment of the person by the employing office is a 13 continuation of employment of the person by the Authority. 14 `(5) If the person was a seconded employee immediately before 15 becoming an employee of the employing office, the 16 arrangement under which the person was performing work for 17 a government entity other than the Authority may continue 18 until the arrangement ends, and, if the arrangement does 19 continue-- 20 (a) subsection (2) does not apply to the person; and 21 (b) on the ending of the arrangement, the person is taken to 22 be employed under section 30AF on the conditions on 23 which the person would have been employed by the 24 Authority, on the ending of the arrangement, if-- 25 (i) the person had continued to be an employee of the 26 Authority; and 27 (ii) the Authority had never become an employer under 28 the Workplace Relations Act 1996 (Cwlth). 29 `(6) Subsections (2) and (5)(b) do not limit section 30AF(3) and 30 (4). 31 `(7) In this section-- 32 employee of the Authority includes a seconded employee. 33 seconded employee means an employee of the Authority 34 performing work for another government entity under an 35 arrangement entered into, before the commencement of this 36

 


 

s 33 39 s 34 Statutory Bodies Legislation Amendment Bill 2007 section, by the Authority with the appropriate authority of the 1 other government entity. 2 `81 Application of industrial instruments 3 `The employing office is taken to be bound by the industrial 4 instruments that bound the Authority immediately before it 5 became an employer under the Workplace Relations Act 1996 6 (Cwlth).'. 7 Clause 33 Amendment of sch 2 (Dictionary) 8 Schedule 2-- 9 insert-- 10 `employee of the employing office see section 30AF(2). 11 employing office means the Major Sports Facilities 12 Employing Office established under section 30AA. 13 executive officer means the executive officer of the employing 14 office appointed under section 30AD. 15 government entity see the Public Service Act 1996, section 16 21. 17 industrial instrument see the Industrial Relations Act 1999, 18 schedule 5. 19 work performance arrangement means an arrangement under 20 which an employee of a government entity performs work for 21 another government entity.'. 22 Part 5 Amendment of Queensland Art 23 Gallery Act 1987 24 Clause 34 Act amended in pt 5 25 This part amends the Queensland Art Gallery Act 1987. 26

 


 

s 35 40 s 39 Statutory Bodies Legislation Amendment Bill 2007 Clause 35 Amendment of s 2 (Definitions) 1 Section 2-- 2 insert-- 3 `commencement, for part 7, division 1, see section 69. 4 government entity see the Public Service Act 1996, section 5 21. 6 work performance arrangement means an arrangement under 7 which an employee of a government entity performs work for 8 another government entity.'. 9 Clause 36 Amendment of pt 2, div 2 hdg (Director and staff) 10 Part 2, division 2, heading, `and staff'-- 11 omit. 12 Clause 37 Amendment of s 12 (Director and other officers) 13 (1) Section 12, heading-- 14 omit, insert-- 15 `12 Appointment of director'. 16 (2) Section 12(3)-- 17 omit. 18 Clause 38 Omission of s 13 (Employees) 19 Section 13-- 20 omit. 21 Clause 39 Amendment of s 17 (Delegation by director) 22 Section 17(1), from `to an'-- 23 omit, insert-- 24 `to-- 25

 


 

s 40 41 s 43 Statutory Bodies Legislation Amendment Bill 2007 (a) an appropriately qualified employee of a department or 1 another government entity performing work for the 2 board under a work performance arrangement; or 3 (b) an appropriately qualified employee of the board.'. 4 Clause 40 Relocation and renumbering of s 18 (Superannuation 5 schemes) 6 Section 18-- 7 relocate and renumber, in part 2, division 6 as inserted by 8 section 44 of this Act, as section 40B. 9 Clause 41 Amendment of s 23 (Restrictions on powers of board) 10 Section 23(8), definition officer, paragraph (c)-- 11 omit, insert-- 12 `(c) an employee of a department or another government 13 entity performing work for the board under a work 14 performance arrangement; or'. 15 Clause 42 Amendment of s 24 (Persons having dealings with board 16 etc.) 17 Section 24(6), definition officer, paragraph (c)-- 18 omit, insert-- 19 `(c) an employee of a department or another government 20 entity performing work for the board under a work 21 performance arrangement; or'. 22 Clause 43 Amendment of s 40 (Delegation by board) 23 Section 40(d)-- 24 omit, insert-- 25 `(d) an appropriately qualified employee of a department or 26 another government entity performing work for the 27 board under a work performance arrangement; or 28 (e) an appropriately qualified employee of the board.'. 29

 


 

s 44 42 s 44 Statutory Bodies Legislation Amendment Bill 2007 Clause 44 Insertion of new pt 2, div 6 1 Part 2-- 2 insert-- 3 `Division 6 Other provisions 4 `40A Board may enter into work performance 5 arrangements 6 `(1) The board may enter into, and give effect to, a work 7 performance arrangement with-- 8 (a) the chief executive of a department; or 9 (b) the appropriate authority of another government entity. 10 `(2) A work performance arrangement may make provision for all 11 matters necessary or convenient to be provided under the 12 arrangement. 13 `(3) For example, a work performance arrangement may provide 14 for-- 15 (a) the appointment of a person to an office, and the holding 16 of the office by the person, for the arrangement; and 17 (b) the authorising of a person to exercise powers for the 18 arrangement; and 19 (c) whether payment is to be made for work done under the 20 arrangement and, if so, what payment is to be made and 21 who is to make the payment. 22 `(4) A person performing work for the board under a work 23 performance arrangement entered into under subsection (1)-- 24 (a) is not employed by the board; and 25 (b) remains an employee of the department or other 26 government entity whose appropriate authority is a party 27 to the arrangement. 28 `(5) To remove any doubt, it is declared that the board does not 29 have power to employ a person performing work for the board 30 under a work performance arrangement entered into under 31 subsection (1).'. 32

 


 

s 45 43 s 48 Statutory Bodies Legislation Amendment Bill 2007 Clause 45 Amendment of s 52 (Monitoring and assessment of 1 board) 2 (1) Section 52(1), from `an appropriately' to `another 3 appropriately qualified person'-- 4 omit, insert-- 5 `an appropriate person'. 6 (2) Section 52-- 7 insert-- 8 `(6) In this section-- 9 appropriate person means an appropriately qualified officer 10 of the department, or another appropriately qualified person, 11 other than an employee of a department or another 12 government entity performing work for the board under a 13 work performance arrangement.'. 14 Clause 46 Insertion of new pt 7, div 1 hdg 15 Part 7, before section 69-- 16 insert-- 17 `Division 1 Transitional provisions for Arts 18 Legislation Amendment Act 2003'. 19 Clause 47 Amendment of s 69 (Definition for pt 7) 20 (1) Section 69, heading, `pt 7'-- 21 omit, insert-- 22 `div 1'. 23 (2) Section 69, `part'-- 24 omit, insert-- 25 `division'. 26 Clause 48 Insertion of new pt 7, div 2 27 Part 7-- 28 insert-- 29

 


 

s 48 44 s 48 Statutory Bodies Legislation Amendment Bill 2007 `Division 2 Transitional provisions for Statutory 1 Bodies Legislation Amendment Act 2 2007 3 `71 Rights and entitlements of particular employees 4 `(1) This section applies to a person who-- 5 (a) becomes a public service employee; and 6 (b) was an employee of the board-- 7 (i) immediately before the commencement of this 8 section; and 9 (ii) immediately before becoming a public service 10 employee. 11 `(2) On becoming a public service employee-- 12 (a) the person keeps all rights and entitlements, including 13 entitlements to receive long service, recreation and sick 14 leave and any similar entitlements, that-- 15 (i) have accrued or were accruing to the person as an 16 employee of the board; and 17 (ii) would have accrued to the person if the board had 18 never become an employer under the Workplace 19 Relations Act 1996 (Cwlth); and 20 (b) if the person is a member of a superannuation scheme-- 21 (i) the person keeps all entitlements accrued or 22 accruing to the person as a member of the scheme; 23 and 24 (ii) the person's membership of the scheme is not 25 affected. 26 `(3) Without limiting subsection (2), for working out the person's 27 rights and entitlements, including entitlements to receive long 28 service, recreation and sick leave and any similar entitlements, 29 employment of the person as a public service employee is a 30 continuation of employment of the person by the board. 31

 


 

s 48 45 s 48 Statutory Bodies Legislation Amendment Bill 2007 `72 Non-application of Industrial Relations Act 1999, 1 s 167 2 `For the purpose of the Industrial Relations Act 1999, section 3 167,5 a department or public service office does not become 4 the successor of any part of the business of the board only 5 because the department or public service office becomes the 6 employer of persons previously employed by the board. 7 `73 Amending Act does not affect particular powers of 8 board 9 `Nothing in the Statutory Bodies Legislation Amendment Act 10 2007, part 5, affects the powers of the board under section 21. 11 `74 Continued application of repealed s 13 12 `(1) Section 13, as in force immediately before the 6 13 commencement of this section, continues to apply in relation 14 to persons employed by the board under the section 15 immediately before the commencement while that 16 employment continues. 17 `(2) This section does not limit section 73. 18 `75 Application of Act to particular officers 19 `(1) This section applies to a person who-- 20 (a) immediately before the commencement of this section, 21 was an officer mentioned in section 12(3) as in force 22 immediately before that commencement; and 23 (b) on the commencement, continues to perform work for 24 the board. 25 `(2) For sections 17, 23, 24, 40 and 52, until the chief executive of 26 the department enters into a work performance arrangement 27 with the board the person is taken to be an employee of a 28 department or other government entity performing work for 29 the board under a work performance arrangement. 30 5 Industrial Relations Act 1999, section 167 (Successor employers bound) 6 Section 13 (Employees)

 


 

s 49 46 s 51 Statutory Bodies Legislation Amendment Bill 2007 `(3) If, immediately before the commencement of this section, a 1 delegation of a power to the person was in force under section 2 17 or 40, as the section was in force immediately before the 3 commencement, the delegation continues in force until it is 4 revoked.'. 5 Part 6 Amendment of Queensland 6 Building Services Authority Act 7 1991 8 Clause 49 Act amended in pt 6 9 This part amends the Queensland Building Services Authority 10 Act 1991. 11 Clause 50 Amendment of s 10A (Appointment of members) 12 Section 10A(3)(b)-- 13 omit, insert-- 14 `(b) the member becomes a relevant officer or contractor of 15 the authority; or'. 16 Clause 51 Amendment of s 20 (Delegation) 17 (1) Section 20, from `to'-- 18 omit, insert-- 19 `to an appropriately qualified relevant officer of the 20 authority.'. 21 (2) Section 20-- 22 insert-- 23 `(2) In this section-- 24 appropriately qualified includes having the qualifications, 25 experience or standing appropriate to exercise the power. 26

 


 

s 52 47 s 53 Statutory Bodies Legislation Amendment Bill 2007 Example of standing-- 1 a person's seniority level in an entity'. 2 Clause 52 Amendment of s 21 (Appointment of insurance manager) 3 (1) Section 21(1)-- 4 omit, insert-- 5 `(1) There is to be an insurance manager of the authority. 6 `(1A) The authority must-- 7 (a) appoint an individual to be the insurance manager; or 8 (b) enter into a work performance arrangement under which 9 an employee of the employing office or of another 10 government entity holds office as the insurance 11 manager.'. 12 (2) Section 21(2), `The'-- 13 omit, insert-- 14 `If the authority appoints a person to be the insurance manager 15 under subsection (2)(a), the'. 16 (3) Section 21(3), after `person to act'-- 17 insert-- 18 `, or enter into a work performance arrangement under which 19 an employee of the employing office or of another 20 government entity acts,'. 21 (4) Section 21(1A) to (3)-- 22 renumber as section 21(2) to (4). 23 Clause 53 Insertion of new pt 2, div 7 24 Part 2-- 25 insert-- 26

 


 

s 54 48 s 54 Statutory Bodies Legislation Amendment Bill 2007 `Division 7 Other provisions 1 `29 Authority may enter into work performance 2 arrangements 3 `(1) The authority may enter into, and give effect to, a work 4 performance arrangement with-- 5 (a) the employing office; or 6 (b) the appropriate authority of another government entity. 7 `(2) A work performance arrangement may make provision for all 8 matters necessary or convenient to be provided under the 9 arrangement. 10 `(3) For example, a work performance arrangement may provide 11 for-- 12 (a) the appointment of a person to an office, and the holding 13 of the office by the person, for the arrangement; and 14 (b) the authorising of a person to exercise powers for the 15 arrangement; and 16 (c) whether payment is to be made for work done under the 17 arrangement and, if so, what payment is to be made and 18 who is to make the payment. 19 `(4) A person performing work for the authority under a work 20 performance arrangement entered into under subsection (1)-- 21 (a) is not employed by the authority; and 22 (b) remains an employee of the employing office, or an 23 employee of the other government entity whose 24 appropriate authority is a party to the arrangement. 25 `(5) To remove any doubt, it is declared that the authority does not 26 have power to employ a person performing work for the 27 authority under a work performance arrangement entered into 28 under subsection (1).'. 29 Clause 54 Insertion of new pt 2A 30 After part 2-- 31 insert-- 32

 


 

s 54 49 s 54 Statutory Bodies Legislation Amendment Bill 2007 `Part 2A Queensland Building Services 1 Employing Office 2 `Division 1 Establishment and functions of 3 employing office 4 `29A Establishment of employing office 5 `(1) The Queensland Building Services Employing Office is 6 established. 7 `(2) The employing office consists of-- 8 (a) the executive officer; and 9 (b) the employees of the employing office. 10 `(3) The employing office is a separate entity from the authority. 11 `29B Employing office represents the State 12 `(1) The employing office represents the State. 13 `(2) Without limiting subsection (1), the employing office has the 14 status, privileges and immunities of the State. 15 `29C Functions of employing office 16 `(1) The main functions of the employing office are-- 17 (a) entering into, for the State, a work performance 18 arrangement with the authority under which employees 19 of the employing office perform work for the authority; 20 and 21 (b) employing, for the State, staff to perform work for the 22 authority under the work performance arrangement; and 23 (c) doing anything incidental to the discharge of the 24 functions mentioned in paragraphs (a) and (b). 25 `(2) Also, the employing office has any other function conferred 26 on the employing office under this or another Act. 27

 


 

s 54 50 s 54 Statutory Bodies Legislation Amendment Bill 2007 `(3) This section does not limit the employing office's power to 1 enter into and give effect to a work performance arrangement 2 under section 29G with a government entity other than the 3 authority. 4 `Division 2 Executive officer 5 `29D Appointment of executive officer 6 `(1) There is to be an executive officer of the employing office. 7 `(2) The executive officer is to be appointed by the Governor in 8 Council. 9 `(3) The executive officer is appointed under this Act and not 10 under the Public Service Act 1996. 11 `29E Executive officer acting for employing office 12 `(1) The employing office acts through the executive officer. 13 `(2) Anything done by the executive officer in the name of, or for, 14 the employing office is taken to have been done by the 15 employing office. 16 `Division 3 Staff of employing office 17 `29F Employing office may employ staff 18 `(1) The employing office may, for the State, employ staff. 19 `(2) A person employed under subsection (1) is an employee of the 20 employing office. 21 `(3) The employing office may decide the terms of employment of 22 the employees of the employing office. 23 `(4) Subsection (3) applies subject to any relevant industrial 24 instrument. 25 `(5) Employees of the employing office are employed under this 26 Act and not under the Public Service Act 1996. 27

 


 

s 54 51 s 54 Statutory Bodies Legislation Amendment Bill 2007 `29G Employing office may enter into work performance 1 arrangements 2 `(1) The employing office may, for the State, enter into and give 3 effect to a work performance arrangement with-- 4 (a) the authority; or 5 (b) the appropriate authority of another government entity. 6 `(2) A work performance arrangement may make provision for all 7 matters necessary or convenient to be provided under the 8 arrangement. 9 `(3) For example, a work performance arrangement may provide 10 for-- 11 (a) the appointment of a person to an office, and the holding 12 of the office by the person, for the arrangement; and 13 (b) the authorising of a person to exercise powers for the 14 arrangement; and 15 (c) whether payment is to be made for work done under the 16 arrangement and, if so, what payment is to be made and 17 who is to make the payment. 18 `(4) A person performing work for the authority or other 19 government entity under a work performance arrangement 20 entered into under subsection (1)-- 21 (a) is not employed by the authority or other government 22 entity; and 23 (b) remains an employee of the employing office. 24 `(5) To remove any doubt, it is declared that the authority or 25 another government entity does not have power to employ a 26 person performing work for the authority or other government 27 entity under a work performance arrangement entered into 28 under subsection (1). 29 `Division 4 Other provisions 30 `29H Employing office is statutory body 31 `(1) The employing office is a statutory body under-- 32

 


 

s 55 52 s 57 Statutory Bodies Legislation Amendment Bill 2007 (a) the Financial Administration and Audit Act 1977; and 1 (b) the Statutory Bodies Financial Arrangements Act 1982. 2 `(2) For applying the Financial Administration and Audit Act 1977 3 to the employing office as a statutory body-- 4 (a) the executive officer is taken to be the chairperson of the 5 employing office; and 6 (b) section 46G(4) of that Act is taken to require the 7 executive officer to consider the annual financial 8 statements and the auditor-general's report mentioned in 9 the subsection as soon as practicable after they are 10 received by the employing office; and 11 (c) section 46H of that Act is taken to require the executive 12 officer to consider any observations, suggestions or 13 comments given to the executive officer under section 14 93(4) of that Act as soon as practicable after the 15 executive officer receives them.'. 16 Clause 55 Amendment of s 104 (Appointment of inspectors) 17 Section 104(1), after `appoint'-- 18 insert-- 19 `relevant officers of the authority as'. 20 Clause 56 Amendment of s 108 (Obligation of assessment manager) 21 Section 108, from `an inspector' to `employee'-- 22 omit, insert-- 23 `a relevant officer'. 24 Clause 57 Amendment of s 114 (Protection) 25 Section 114(1), `an officer or employee'-- 26 omit, insert-- 27 `a relevant officer'. 28

 


 

s 58 53 s 58 Statutory Bodies Legislation Amendment Bill 2007 Clause 58 Insertion of new sch 1, pt 7 1 Schedule 1-- 2 insert-- 3 `Part 7 Transitional provisions for 4 Statutory Bodies Legislation 5 Amendment Act 2007 6 `29 Rights and entitlements of particular employees 7 `(1) This section applies to a person who-- 8 (a) becomes an employee of the employing office; and 9 (b) was an employee of the authority-- 10 (i) immediately before the commencement of this 11 section; and 12 (ii) immediately before becoming an employee of the 13 employing office. 14 `(2) On becoming an employee of the employing office, the person 15 is taken to be employed under section 29F of the Act on the 16 conditions on which the person would have been employed by 17 the authority, immediately before the person became an 18 employee of the employing office, if the authority had never 19 become an employer under the Workplace Relations Act 1996 20 (Cwlth). 21 `(3) Also-- 22 (a) the person keeps all rights and entitlements, including 23 entitlements to receive long service, recreation and sick 24 leave and any similar entitlements, that-- 25 (i) have accrued or were accruing to the person as an 26 employee of the authority; and 27 (ii) would have accrued to the person if the authority 28 had never become an employer under the 29 Workplace Relations Act 1996 (Cwlth); and 30 (b) if the person is a member of a superannuation scheme-- 31

 


 

s 58 54 s 58 Statutory Bodies Legislation Amendment Bill 2007 (i) the person keeps all entitlements accrued or 1 accruing to the person as a member of the scheme; 2 and 3 (ii) the person's membership of the scheme is not 4 affected. 5 `(4) Without limiting subsection (3), for working out the person's 6 rights and entitlements, including entitlements to receive long 7 service, recreation and sick leave and any similar entitlements, 8 employment of the person by the employing office is a 9 continuation of employment of the person by the authority. 10 `(5) If the person was a seconded employee immediately before 11 becoming an employee of the employing office, the 12 arrangement under which the person was performing work for 13 a government entity other than the authority may continue 14 until the arrangement ends, and, if the arrangement does 15 continue-- 16 (a) subsection (2) does not apply to the person; and 17 (b) on the ending of the arrangement, the person is taken to 18 be employed under section 29F of the Act on the 19 conditions on which the person would have been 20 employed by the authority, on the ending of the 21 arrangement, if-- 22 (i) the person had continued to be an employee of the 23 authority; and 24 (ii) the authority had never become an employer under 25 the Workplace Relations Act 1996 (Cwlth). 26 `(6) Subsections (2) and (5)(b) do not limit section 29F(3) and (4) 27 of the Act. 28 `(7) In this section-- 29 employee of the authority includes a seconded employee. 30 seconded employee means an employee of the authority 31 performing work for another government entity under an 32 arrangement entered into, before the commencement of this 33 section, by the authority with the appropriate authority of the 34 other government entity. 35

 


 

s 59 55 s 59 Statutory Bodies Legislation Amendment Bill 2007 `30 Application of industrial instruments 1 `The employing office is taken to be bound by the industrial 2 instruments that bound the authority immediately before it 3 became an employer under the Workplace Relations Act 1996 4 (Cwlth).'. 5 Clause 59 Amendment of sch 2 (Dictionary) 6 Schedule 2-- 7 insert-- 8 `employee of the employing office see section 29F(2). 9 employing office means the Queensland Building Services 10 Employing Office established under section 29A. 11 executive officer, for part 2A, means the executive officer of 12 the employing office appointed under section 29D. 13 government entity see the Public Service Act 1996, section 14 21. 15 industrial instrument see the Industrial Relations Act 1999, 16 schedule 5. 17 relevant officer, of the authority, means-- 18 (a) an employee of the employing office or of another 19 government entity performing work for the authority 20 under a work performance arrangement; or 21 (b) an officer or employee of the authority. 22 work performance arrangement means an arrangement under 23 which an employee of a government entity performs work for 24 another government entity.'. 25

 


 

s 60 56 s 63 Statutory Bodies Legislation Amendment Bill 2007 Part 7 Amendment of Queensland 1 Museum Act 1970 2 Clause 60 Act amended in pt 7 3 This part amends the Queensland Museum Act 1970. 4 Clause 61 Amendment of s 2 (Definitions) 5 Section 2-- 6 insert-- 7 `commencement, for part 7, division 1, see section 70. 8 government entity see the Public Service Act 1996, section 9 21. 10 work performance arrangement means an arrangement under 11 which an employee of a government entity performs work for 12 another government entity.'. 13 Clause 62 Amendment of s 16 (Restrictions on powers of board) 14 Section 16(8), definition officer, paragraph (c)-- 15 omit, insert-- 16 `(c) an employee of a department or another government 17 entity performing work for the board under a work 18 performance arrangement; or'. 19 Clause 63 Amendment of s 17 (Persons having dealings with board 20 etc.) 21 Section 17(6), definition officer, paragraph (c)-- 22 omit, insert-- 23 `(c) an employee of a department or another government 24 entity performing work for the board under a work 25 performance arrangement; or'. 26

 


 

s 64 57 s 67 Statutory Bodies Legislation Amendment Bill 2007 Clause 64 Amendment of s 34 (Delegation by board) 1 Section 34(e)-- 2 omit, insert-- 3 `(e) an appropriately qualified employee of a department or 4 another government entity performing work for the 5 board under a work performance arrangement; or 6 (f) an appropriately qualified employee of the board.'. 7 Clause 65 Amendment of pt 2, div 5 hdg (Director and staff) 8 Part 2, division 5, heading, `and staff'-- 9 omit. 10 Clause 66 Amendment of s 35 (Director and other officers) 11 (1) Section 35, heading-- 12 omit, insert-- 13 `35 Appointment of director'. 14 (2) Section 35(3)-- 15 omit. 16 Clause 67 Amendment of s 39 (Delegation by director) 17 Section 39(1), from `to an'-- 18 omit, insert-- 19 `to-- 20 (a) an appropriately qualified employee of a department or 21 another government entity performing work for the 22 board under a work performance arrangement; or 23 (b) an appropriately qualified employee of the board.'. 24

 


 

s 68 58 s 71 Statutory Bodies Legislation Amendment Bill 2007 Clause 68 Relocation and renumbering of s 40 (Superannuation 1 schemes) 2 Section 40-- 3 relocate and renumber, in part 2, division 6 as inserted by 4 section 71 of this Act, as section 42B. 5 Clause 69 Omission of s 41 (Employees) 6 Section 41-- 7 omit. 8 Clause 70 Relocation and renumbering of s 42 (Honorary 9 assistants) 10 Section 42-- 11 relocate and renumber, in part 2, division 6, as inserted by 12 section 71 of this Act, as section 42C. 13 Clause 71 Insertion of new pt 2, div 6 14 Part 2-- 15 insert-- 16 `Division 6 Other provisions 17 `42A Board may enter into work performance 18 arrangements 19 `(1) The board may enter into, and give effect to, a work 20 performance arrangement with-- 21 (a) the chief executive of a department; or 22 (b) the appropriate authority of another government entity. 23 `(2) A work performance arrangement may make provision for all 24 matters necessary or convenient to be provided under the 25 arrangement. 26 `(3) For example, a work performance arrangement may provide 27 for-- 28

 


 

s 72 59 s 73 Statutory Bodies Legislation Amendment Bill 2007 (a) the appointment of a person to an office, and the holding 1 of the office by the person, for the arrangement; and 2 (b) the authorising of a person to exercise powers for the 3 arrangement; and 4 (c) whether payment is to be made for work done under the 5 arrangement and, if so, what payment is to be made and 6 who is to make the payment. 7 `(4) A person performing work for the board under a work 8 performance arrangement entered into under subsection (1)-- 9 (a) is not employed by the board; and 10 (b) remains an employee of the department or other 11 government entity whose appropriate authority is a party 12 to the arrangement. 13 `(5) To remove any doubt, it is declared that the board does not 14 have power to employ a person performing work for the board 15 under a work performance arrangement entered into under 16 subsection (1).'. 17 Clause 72 Amendment of s 57 (Protection from liability of persons 18 acting under the Act) 19 Section 57(1)(c), `42'-- 20 omit, insert-- 21 `42C'. 22 Clause 73 Insertion of new pt 7, div 1 hdg 23 Part 7, before section 70-- 24 insert-- 25

 


 

s 74 60 s 75 Statutory Bodies Legislation Amendment Bill 2007 `Division 1 Transitional provisions for Arts 1 Legislation Amendment Act 2003'. 2 Clause 74 Amendment of s 70 (Definition for pt 7) 3 (1) Section 70, heading, `pt 7'-- 4 omit, insert-- 5 `div 1'. 6 (2) Section 70, `part'-- 7 omit, insert-- 8 `division'. 9 Clause 75 Insertion of new pt 7, div 2 10 Part 7-- 11 insert-- 12 `Division 2 Transitional provisions for Statutory 13 Bodies Legislation Amendment Act 14 2007 15 `72 Rights and entitlements of particular employees 16 `(1) This section applies to a person who-- 17 (a) becomes a public service employee; and 18 (b) was an employee of the board-- 19 (i) immediately before the commencement of this 20 section; and 21 (ii) immediately before becoming a public service 22 employee. 23 `(2) On becoming a public service employee-- 24 (a) the person keeps all rights and entitlements, including 25 entitlements to receive long service, recreation and sick 26 leave and any similar entitlements, that-- 27

 


 

s 75 61 s 75 Statutory Bodies Legislation Amendment Bill 2007 (i) have accrued or were accruing to the person as an 1 employee of the board; and 2 (ii) would have accrued to the person if the board had 3 never become an employer under the Workplace 4 Relations Act 1996 (Cwlth); and 5 (b) if the person is a member of a superannuation scheme-- 6 (i) the person keeps all entitlements accrued or 7 accruing to the person as a member of the scheme; 8 and 9 (ii) the person's membership of the scheme is not 10 affected. 11 `(3) Without limiting subsection (2), for working out the person's 12 rights and entitlements, including entitlements to receive long 13 service, recreation and sick leave and any similar entitlements, 14 employment of the person as a public service employee is a 15 continuation of employment of the person by the board. 16 `73 Non-application of Industrial Relations Act 1999, 17 s 167 18 `For the purpose of the Industrial Relations Act 1999, section 19 167,7 a department or public service office does not become 20 the successor of any part of the business of the board only 21 because the department or public service office becomes the 22 employer of persons previously employed by the board. 23 `74 Amending Act does not affect particular powers of 24 board 25 `Nothing in the Statutory Bodies Legislation Amendment Act 26 2007, part 7, affects the powers of the board under section 14. 27 `75 Continued application of repealed s 41 28 `(1) Section 41, as in force immediately before the 8 29 commencement of this section, continues to apply in relation 30 7 Industrial Relations Act 1999, section 167 (Successor employers bound) 8 Section 41 (Employees)

 


 

s 76 62 s 77 Statutory Bodies Legislation Amendment Bill 2007 to persons employed by the board under the section 1 immediately before the commencement while that 2 employment continues. 3 `(2) This section does not limit section 74. 4 `76 Application of Act to particular officers 5 `(1) This section applies to a person who-- 6 (a) immediately before the commencement of this section, 7 was an officer mentioned in section 35(3) as in force 8 immediately before that commencement; and 9 (b) on the commencement, continues to perform work for 10 the board. 11 `(2) For sections 16, 17, 34 and 39, until the chief executive of the 12 department enters into a work performance arrangement with 13 the board the person is taken to be an employee of a 14 department or other government entity performing work for 15 the board under a work performance arrangement. 16 `(3) If, immediately before the commencement of this section, a 17 delegation of a power to the person was in force under section 18 34 or 39, as the section was in force immediately before the 19 commencement, the delegation continues in force until it is 20 revoked.'. 21 Part 8 Amendment of Residential 22 Tenancies Act 1994 23 Clause 76 Act amended in pt 8 24 This part amends the Residential Tenancies Act 1994. 25 Clause 77 Amendment of s 295 (Duration of appointment) 26 Section 295(2)(c)-- 27 omit, insert-- 28

 


 

s 78 63 s 78 Statutory Bodies Legislation Amendment Bill 2007 `(c) the director becomes-- 1 (i) an employee of the employing office or of another 2 government entity performing work for the 3 authority under a work performance arrangement; 4 or 5 (ii) an employee or contractor of the authority; or'. 6 Clause 78 Insertion of new s 302A 7 Chapter 8, part 6-- 8 insert-- 9 `302A Authority may enter into work performance 10 arrangements 11 `(1) The authority may enter into, and give effect to, a work 12 performance arrangement with-- 13 (a) the employing office; or 14 (b) the appropriate authority of another government entity. 15 `(2) A work performance arrangement may make provision for all 16 matters necessary or convenient to be provided under the 17 arrangement. 18 `(3) For example, a work performance arrangement may provide 19 for-- 20 (a) the appointment of a person to an office, and the holding 21 of the office by the person, for the arrangement; and 22 (b) the authorising of a person to exercise powers for the 23 arrangement; and 24 (c) whether payment is to be made for work done under the 25 arrangement and, if so, what payment is to be made and 26 who is to make the payment. 27 `(4) A person performing work for the authority under a work 28 performance arrangement entered into under subsection (1)-- 29 (a) is not employed by the authority; and 30 (b) remains an employee of the employing office, or an 31 employee of the other government entity whose 32 appropriate authority is a party to the arrangement. 33

 


 

s 79 64 s 83 Statutory Bodies Legislation Amendment Bill 2007 `(5) To remove any doubt, it is declared that the authority does not 1 have power to employ a person performing work for the 2 authority under a work performance arrangement entered into 3 under subsection (1).'. 4 Clause 79 Replacement of ch 8, pt 7 hdg (Staff of authority) 5 Chapter 8, part 7, heading-- 6 omit, insert-- 7 `Part 7 Chief executive officer'. 8 Clause 80 Omission of ch 8, pt 7, div 1 hdg (Chief executive officer) 9 Chapter 8, part 7, division 1, heading-- 10 omit. 11 Clause 81 Omission of ch 8, pt 7, div 2 12 Chapter 8, part 7, division 2-- 13 omit. 14 Clause 82 Omission of ch 8, pt 7, div 3 hdg (Conflict of interest) 15 Chapter 8, part 7, division 3, heading-- 16 omit. 17 Clause 83 Amendment, relocation and renumbering of s 311 18 (Disclosure of interests) 19 (1) Section 311(1), `an employee of the authority'-- 20 omit, insert-- 21 `a relevant employee'. 22 (2) Section 311-- 23 insert-- 24 `(3) In this section-- 25 relevant employee means-- 26

 


 

s 84 65 s 84 Statutory Bodies Legislation Amendment Bill 2007 (a) an employee of the employing office or of another 1 government entity who performs work for the authority 2 under a work performance arrangement; or 3 (b) an employee of the authority.'. 4 (3) Section 311-- 5 relocate and renumber as section 319A. 6 Clause 84 Insertion of new ch 8A 7 After chapter 8-- 8 insert-- 9 `Chapter 8A Residential Tenancies 10 Employing Office 11 `Part 1 Establishment and functions of 12 employing office 13 `309 Establishment of employing office 14 `(1) The Residential Tenancies Employing Office is established. 15 `(2) The employing office consists of-- 16 (a) the executive officer; and 17 (b) the employees of the employing office. 18 `(3) The employing office is a separate entity from the authority. 19 `310 Employing office represents the State 20 `(1) The employing office represents the State. 21 `(2) Without limiting subsection (1), the employing office has the 22 status, privileges and immunities of the State. 23 `311 Functions of employing office 24 `(1) The main functions of the employing office are-- 25

 


 

s 84 66 s 84 Statutory Bodies Legislation Amendment Bill 2007 (a) entering into, for the State, a work performance 1 arrangement with the authority under which employees 2 of the employing office perform work for the authority; 3 and 4 (b) employing, for the State, staff to perform work for the 5 authority under the work performance arrangement; and 6 (c) doing anything incidental to the discharge of the 7 functions mentioned in paragraphs (a) and (b). 8 `(2) Also, the employing office has any other function conferred 9 on the employing office under this or another Act. 10 `(3) This section does not limit the employing office's power to 11 enter into and give effect to a work performance arrangement 12 under section 311D with a government entity other than the 13 authority. 14 `Part 2 Executive officer 15 `311A Appointment of executive officer 16 `(1) There is to be an executive officer of the employing office. 17 `(2) The executive officer is to be appointed by the Governor in 18 Council. 19 `(3) The executive officer is appointed under this Act and not 20 under the Public Service Act 1996. 21 `311B Executive officer acting for employing office 22 `(1) The employing office acts through the executive officer. 23 `(2) Anything done by the executive officer in the name of, or for, 24 the employing office is taken to have been done by the 25 employing office. 26

 


 

s 84 67 s 84 Statutory Bodies Legislation Amendment Bill 2007 `Part 3 Staff of employing office 1 `311C Employing office may employ staff 2 `(1) The employing office may, for the State, employ staff. 3 `(2) A person employed under subsection (1) is an employee of the 4 employing office. 5 `(3) The employing office may decide the terms of employment of 6 the employees of the employing office. 7 `(4) Subsection (3) applies subject to any relevant industrial 8 instrument. 9 `(5) Employees of the employing office are employed under this 10 Act and not under the Public Service Act 1996. 11 `311D Employing office may enter into work performance 12 arrangements 13 `(1) The employing office may, for the State, enter into and give 14 effect to a work performance arrangement with-- 15 (a) the authority; or 16 (b) the appropriate authority of another government entity. 17 `(2) A work performance arrangement may make provision for all 18 matters necessary or convenient to be provided under the 19 arrangement. 20 `(3) For example, a work performance arrangement may provide 21 for-- 22 (a) the appointment of a person to an office, and the holding 23 of the office by the person, for the arrangement; and 24 (b) the authorising of a person to exercise powers for the 25 arrangement; and 26 (c) whether payment is to be made for work done under the 27 arrangement and, if so, what payment is to be made and 28 who is to make the payment. 29 `(4) A person performing work for the authority or other 30 government entity under a work performance arrangement 31 entered into under subsection (1)-- 32

 


 

s 84 68 s 84 Statutory Bodies Legislation Amendment Bill 2007 (a) is not employed by the authority or other government 1 entity; and 2 (b) remains an employee of the employing office. 3 `(5) To remove any doubt, it is declared that the authority or 4 another government entity does not have power to employ a 5 person performing work for the authority or other government 6 entity under a work performance arrangement entered into 7 under subsection (1). 8 `Part 4 Other provisions 9 `311E Employing office is statutory body 10 `(1) The employing office is a statutory body under-- 11 (a) the Financial Administration and Audit Act 1977; and 12 (b) the Statutory Bodies Financial Arrangements Act 1982. 13 `(2) For applying the Financial Administration and Audit Act 1977 14 to the employing office as a statutory body-- 15 (a) the executive officer is taken to be the chairperson of the 16 employing office; and 17 (b) section 46G(4) of that Act is taken to require the 18 executive officer to consider the annual financial 19 statements and the auditor-general's report mentioned in 20 the subsection as soon as practicable after they are 21 received by the employing office; and 22 (c) section 46H of that Act is taken to require the executive 23 officer to consider any observations, suggestions or 24 comments given to the executive officer under section 25 93(4) of that Act as soon as practicable after the 26 executive officer receives them. 27 `311F Application of Crime and Misconduct Act 2001 28 `The employing office is a unit of public administration under 29 the Crime and Misconduct Act 2001.'. 30

 


 

s 85 69 s 86 Statutory Bodies Legislation Amendment Bill 2007 Clause 85 Amendment of s 319 (Protection from liability) 1 (1) Section 319(1), definition official, paragraphs (c) and (d)-- 2 renumber as paragraphs (d) and (e). 3 (2) Section 319(1), definition official-- 4 insert-- 5 `(c) an employee of the employing office or of another 6 government entity who performs work for the authority 7 under a work performance arrangement; and'. 8 Clause 86 Insertion of new ch 11, pt 4 9 Chapter 11-- 10 insert-- 11 `Part 4 Transitional provisions for 12 Statutory Bodies Legislation 13 Amendment Act 2007 14 `351 Rights and entitlements of particular employees 15 `(1) This section applies to a person who-- 16 (a) becomes an employee of the employing office; and 17 (b) was an employee of the authority-- 18 (i) immediately before the commencement of this 19 section; and 20 (ii) immediately before becoming an employee of the 21 employing office. 22 `(2) On becoming an employee of the employing office, the person 23 is taken to be employed under section 311C on the conditions 24 on which the person would have been employed by the 25 authority, immediately before the person became an employee 26 of the employing office, if the authority had never become an 27 employer under the Workplace Relations Act 1996 (Cwlth). 28 `(3) Also-- 29

 


 

s 86 70 s 86 Statutory Bodies Legislation Amendment Bill 2007 (a) the person keeps all rights and entitlements, including 1 entitlements to receive long service, recreation and sick 2 leave and any similar entitlements, that-- 3 (i) have accrued or were accruing to the person as an 4 employee of the authority; and 5 (ii) would have accrued to the person if the authority 6 had never become an employer under the 7 Workplace Relations Act 1996 (Cwlth); and 8 (b) if the person is a member of a superannuation scheme-- 9 (i) the person keeps all entitlements accrued or 10 accruing to the person as a member of the scheme; 11 and 12 (ii) the person's membership of the scheme is not 13 affected. 14 `(4) Without limiting subsection (3), for working out the person's 15 rights and entitlements, including entitlements to receive long 16 service, recreation and sick leave and any similar entitlements, 17 employment of the person by the employing office is a 18 continuation of employment of the person by the authority. 19 `(5) Subsection (2) does not limit section 311C(3) and (4). 20 `352 Application of industrial instruments 21 `The employing office is taken to be bound by the industrial 22 instruments that bound the authority immediately before it 23 became an employer under the Workplace Relations Act 1996 24 (Cwlth). 25 `353 Amending Act does not affect particular powers of 26 authority 27 `Nothing in the Statutory Bodies Legislation Amendment Act 28 2007, part 8, affects the powers of the authority under section 29 290. 30

 


 

s 87 71 s 87 Statutory Bodies Legislation Amendment Bill 2007 `354 Continued application of repealed s 309 1 `(1) Section 309, as in force immediately before the 9 2 commencement of this section, continues to apply in relation 3 to persons employed by the authority under the section 4 immediately before the commencement while that 5 employment continues. 6 `(2) This section does not limit section 353.'. 7 Clause 87 Amendment of sch 3 (Dictionary) 8 (1) Schedule 3, definition officer-- 9 omit. 10 (2) Schedule 3-- 11 insert-- 12 `employee of the employing office see section 311C(2). 13 employing office means the Residential Tenancies Employing 14 Office established under section 309. 15 executive officer, for chapter 8A, means the executive officer 16 of the employing office appointed under section 311A. 17 government entity see the Public Service Act 1996, section 18 21. 19 industrial instrument see the Industrial Relations Act 1999, 20 schedule 5. 21 officer of the authority means any of the following-- 22 (a) the chief executive officer; 23 (b) an employee of the employing office or of another 24 government entity performing work for the authority 25 under a work performance arrangement; 26 (c) an employee of the authority, whether or not there is a 27 written contract of employment between the authority 28 and the employee; 29 (d) an individual performing services for the authority-- 30 9 Section 309 (Authority staff)

 


 

s 88 72 s 90 Statutory Bodies Legislation Amendment Bill 2007 (i) under a contract, other than a contract of 1 employment, between the individual and the 2 authority; or 3 (ii) under an arrangement, other than a work 4 performance arrangement, between the authority 5 and a person other than the individual. 6 work performance arrangement means an arrangement under 7 which an employee of a government entity performs work for 8 another government entity.'. 9 Part 9 Amendment of South Bank 10 Corporation Act 1989 11 Clause 88 Act amended in pt 9 12 This part amends the South Bank Corporation Act 1989. 13 Clause 89 Amendment of long title 14 Long title, after `area,'-- 15 insert-- 16 `to establish the South Bank Employing Office,'. 17 Clause 90 Amendment of s 3 (Definitions) 18 Section 3-- 19 insert-- 20 `employee of the employing office see section 31G(2). 21 employing office means the South Bank Employing Office 22 established under section 31B. 23 executive officer means the executive officer of the employing 24 office appointed under section 31E. 25 government entity see the Public Service Act 1996, section 26 21. 27

 


 

s 91 73 s 92 Statutory Bodies Legislation Amendment Bill 2007 industrial instrument see the Industrial Relations Act 1999, 1 schedule 5. 2 work performance arrangement means an arrangement under 3 which an employee of a government entity or public agency 4 performs work for another government entity or public 5 agency.'. 6 Clause 91 Omission of s 14 (Employment of staff and consultants) 7 Section 14-- 8 omit. 9 Clause 92 Insertion of new s 31A 10 Part 4-- 11 insert-- 12 `31A Corporation may enter into work performance 13 arrangements 14 `(1) The corporation may enter into, and give effect to, a work 15 performance arrangement with-- 16 (a) the employing office; or 17 (b) the appropriate authority of another government entity 18 or public agency. 19 `(2) A work performance arrangement may make provision for all 20 matters necessary or convenient to be provided under the 21 arrangement. 22 `(3) For example, a work performance arrangement may provide 23 for-- 24 (a) the appointment of a person to an office, and the holding 25 of the office by the person, for the arrangement; and 26 (b) the authorising of a person to exercise powers for the 27 arrangement; and 28 (c) whether payment is to be made for work done under the 29 arrangement and, if so, what payment is to be made and 30 who is to make the payment. 31

 


 

s 93 74 s 93 Statutory Bodies Legislation Amendment Bill 2007 `(4) A person performing work for the corporation under a work 1 performance arrangement entered into under subsection (1)-- 2 (a) is not employed by the corporation; and 3 (b) remains an employee of the employing office, or an 4 employee of the other government entity or public 5 agency whose appropriate authority is a party to the 6 arrangement. 7 `(5) To remove any doubt, it is declared that the corporation does 8 not have power to employ a person performing work for the 9 corporation under a work performance arrangement entered 10 into under subsection (1).'. 11 Clause 93 Insertion of new pt 4A 12 After part 4-- 13 insert-- 14 `Part 4A South Bank Employing Office 15 `Division 1 Establishment and functions of 16 employing office 17 `31B Establishment of employing office 18 `(1) The South Bank Employing Office is established. 19 `(2) The employing office consists of-- 20 (a) the executive officer; and 21 (b) the employees of the employing office. 22 `(3) The employing office is a separate entity from the 23 corporation. 24 `31C Employing office represents the State 25 `(1) The employing office represents the State. 26 `(2) Without limiting subsection (1), the employing office has the 27 status, privileges and immunities of the State. 28

 


 

s 93 75 s 93 Statutory Bodies Legislation Amendment Bill 2007 `31D Functions of employing office 1 `(1) The main functions of the employing office are-- 2 (a) entering into, for the State, a work performance 3 arrangement with the corporation under which 4 employees of the employing office perform work for the 5 corporation; and 6 (b) employing, for the State, staff to perform work for the 7 corporation under the work performance arrangement; 8 and 9 (c) doing anything incidental to the discharge of the 10 functions mentioned in paragraphs (a) and (b). 11 `(2) Also, the employing office has any other function conferred 12 on the employing office under this or another Act. 13 `(3) This section does not limit the employing office's power to 14 enter into and give effect to a work performance arrangement 15 under section 31H with a government entity or public agency 16 other than the corporation. 17 `Division 2 Executive officer 18 `31E Appointment of executive officer 19 `(1) There is to be an executive officer of the employing office. 20 `(2) The executive officer is to be appointed by the Governor in 21 Council. 22 `(3) The executive officer is appointed under this Act and not 23 under the Public Service Act 1996. 24 `31F Executive officer acting for employing office 25 `(1) The employing office acts through the executive officer. 26 `(2) Anything done by the executive officer in the name of, or for, 27 the employing office is taken to have been done by the 28 employing office. 29

 


 

s 93 76 s 93 Statutory Bodies Legislation Amendment Bill 2007 `Division 3 Staff of employing office 1 `31G Employing office may employ staff 2 `(1) The employing office may, for the State, employ staff. 3 `(2) A person employed under subsection (1) is an employee of the 4 employing office. 5 `(3) The employing office may decide the terms of employment of 6 the employees of the employing office. 7 `(4) Subsection (3) applies subject to any relevant industrial 8 instrument. 9 `(5) Employees of the employing office are employed under this 10 Act and not under the Public Service Act 1996. 11 `31H Employing office may enter into work performance 12 arrangements 13 `(1) The employing office may, for the State, enter into and give 14 effect to a work performance arrangement with-- 15 (a) the corporation; or 16 (b) the appropriate authority of another government entity 17 or public agency. 18 `(2) A work performance arrangement may make provision for all 19 matters necessary or convenient to be provided under the 20 arrangement. 21 `(3) For example, a work performance arrangement may provide 22 for-- 23 (a) the appointment of a person to an office, and the holding 24 of the office by the person, for the arrangement; and 25 (b) the authorising of a person to exercise powers for the 26 arrangement; and 27 (c) whether payment is to be made for work done under the 28 arrangement and, if so, what payment is to be made and 29 who is to make the payment. 30

 


 

s 93 77 s 93 Statutory Bodies Legislation Amendment Bill 2007 `(4) A person performing work for the corporation or other 1 government entity or public agency under a work performance 2 arrangement entered into under subsection (1)-- 3 (a) is not employed by the corporation or other government 4 entity or public agency; and 5 (b) remains an employee of the employing office. 6 `(5) To remove any doubt, it is declared that the corporation or 7 another government entity or public agency does not have 8 power to employ a person performing work for the 9 corporation or other government entity or public agency under 10 a work performance arrangement entered into under 11 subsection (1). 12 `Division 4 Other provisions 13 `31I Employing office is statutory body 14 `(1) The employing office is a statutory body under-- 15 (a) the Financial Administration and Audit Act 1977; and 16 (b) the Statutory Bodies Financial Arrangements Act 1982. 17 `(2) For applying the Financial Administration and Audit Act 1977 18 to the employing office as a statutory body-- 19 (a) the executive officer is taken to be the chairperson of the 20 employing office; and 21 (b) section 46G(4) of that Act is taken to require the 22 executive officer to consider the annual financial 23 statements and the auditor-general's report mentioned in 24 the subsection as soon as practicable after they are 25 received by the employing office; and 26 (c) section 46H of that Act is taken to require the executive 27 officer to consider any observations, suggestions or 28 comments given to the executive officer under section 29 93(4) of that Act as soon as practicable after the 30 executive officer receives them.'. 31

 


 

s 94 78 s 94 Statutory Bodies Legislation Amendment Bill 2007 Clause 94 Insertion of new pt 11, div 3 1 Part 11-- 2 insert-- 3 `Division 3 Transitional provisions for Statutory 4 Bodies Legislation Amendment Act 5 2007 6 `125 Rights and entitlements of particular employees 7 `(1) This section applies to a person who-- 8 (a) becomes an employee of the employing office; and 9 (b) was an employee of the corporation-- 10 (i) immediately before the commencement of this 11 section; and 12 (ii) immediately before becoming an employee of the 13 employing office. 14 `(2) On becoming an employee of the employing office, the person 15 is taken to be employed under section 31G on the conditions 16 on which the person would have been employed by the 17 corporation, immediately before the person became an 18 employee of the employing office, if the corporation had 19 never become an employer under the Workplace Relations Act 20 1996 (Cwlth). 21 `(3) Also-- 22 (a) the person keeps all rights and entitlements, including 23 entitlements to receive long service, recreation and sick 24 leave and any similar entitlements, that-- 25 (i) have accrued or were accruing to the person as an 26 employee of the corporation; and 27 (ii) would have accrued to the person if the corporation 28 had never become an employer under the 29 Workplace Relations Act 1996 (Cwlth); and 30 (b) if the person is a member of a superannuation scheme-- 31

 


 

s 94 79 s 94 Statutory Bodies Legislation Amendment Bill 2007 (i) the person keeps all entitlements accrued or 1 accruing to the person as a member of the scheme; 2 and 3 (ii) the person's membership of the scheme is not 4 affected. 5 `(4) Without limiting subsection (3), for working out the person's 6 rights and entitlements, including entitlements to receive long 7 service, recreation and sick leave and any similar entitlements, 8 employment of the person by the employing office is a 9 continuation of employment of the person by the corporation. 10 `(5) Subsection (2) does not limit section 31G(3) and (4). 11 `126 Application of industrial instruments 12 `The employing office is taken to be bound by the industrial 13 instruments that bound the corporation immediately before it 14 became an employer under the Workplace Relations Act 1996 15 (Cwlth). 16 `127 Amending Act does not affect particular powers of 17 corporation 18 `Nothing in the Statutory Bodies Legislation Amendment Act 19 2007, part 9, affects the powers of the corporation under 20 section 7. 21 `128 Continued application of repealed s 14 22 `(1) Section 14, as in force immediately before the 10 23 commencement of this section, continues to apply in relation 24 to persons employed by the corporation immediately before 25 the commencement while that employment continues. 26 `(2) This section does not limit section 127.'. 27 10 Section 14 (Employment of staff and consultants)

 


 

s 95 80 s 98 Statutory Bodies Legislation Amendment Bill 2007 Clause 95 Amendment of sch 1 (Additional provisions about 1 members and procedure of the board) 2 Schedule 1, section 2(a), after `board'-- 3 insert-- 4 `, or becomes an employee of the employing office or another 5 government entity or public agency performing work for the 6 corporation, on a full-time basis, under a work performance 7 arrangement,'. 8 Part 10 Amendment of Tourism 9 Queensland Act 1979 10 Clause 96 Act amended in pt 10 11 This part amends the Tourism Queensland Act 1979. 12 Clause 97 Amendment of long title 13 Long title, after `powers'-- 14 insert-- 15 `, for the establishment of the Tourism Queensland 16 Employing Office,'. 17 Clause 98 Amendment of s 2 (Definitions) 18 Section 2-- 19 insert-- 20 `employee of the employing office see section 29AF(2). 21 employing office means the Tourism Queensland Employing 22 Office established under section 29AA. 23 executive officer means the executive officer of the employing 24 office appointed under section 29AD. 25 government entity see the Public Service Act 1996, section 26 21. 27

 


 

s 99 81 s 99 Statutory Bodies Legislation Amendment Bill 2007 industrial instrument see the Industrial Relations Act 1999, 1 schedule 5. 2 work performance arrangement means an arrangement under 3 which an employee of a government entity performs work for 4 another government entity.'. 5 Clause 99 Replacement of ss 16 and 17 6 Sections 16 and 17-- 7 omit, insert-- 8 `16 Corporation may enter into work performance 9 arrangements 10 `(1) The corporation may enter into, and give effect to, a work 11 performance arrangement with-- 12 (a) the employing office; or 13 (b) the appropriate authority of another government entity. 14 `(2) A work performance arrangement may make provision for all 15 matters necessary or convenient to be provided under the 16 arrangement. 17 `(3) For example, a work performance arrangement may provide 18 for-- 19 (a) the appointment of a person to an office, and the holding 20 of the office by the person, for the arrangement; and 21 (b) the authorising of a person to exercise powers for the 22 arrangement; and 23 (c) whether payment is to be made for work done under the 24 arrangement and, if so, what payment is to be made and 25 who is to make the payment. 26 `(4) A person performing work for the corporation under a work 27 performance arrangement entered into under subsection (1)-- 28 (a) is not employed by the corporation; and 29 (b) remains an employee of the employing office, or an 30 employee of the other government entity whose 31 appropriate authority is a party to the arrangement. 32

 


 

s 100 82 s 101 Statutory Bodies Legislation Amendment Bill 2007 `(5) To remove any doubt, it is declared that the corporation does 1 not have power to employ a person performing work for the 2 corporation under a work performance arrangement entered 3 into under subsection (1).'. 4 Clause 100 Amendment of s 19 (Delegation) 5 (1) Section 19(b)-- 6 omit, insert-- 7 `(b) the general manager of the corporation; or 8 (c) an appropriately qualified employee of the employing 9 office or of another government entity who performs 10 work for the corporation under a work performance 11 arrangement; or 12 (d) an appropriately qualified employee of the corporation.'. 13 (2) Section 19-- 14 insert-- 15 `(2) In this section-- 16 appropriately qualified includes having the qualifications, 17 experience or standing appropriate to exercise the power. 18 Example of standing-- 19 a person's seniority level in an entity'. 20 Clause 101 Insertion of new pt 2, div 2A 21 Part 2-- 22 insert-- 23 `Division 2A General manager 24 `20A Appointment of general manager 25 `(1) There is to be a general manager of the corporation. 26 `(2) The general manager is to be appointed by the Governor in 27 Council. 28

 


 

s 102 83 s 103 Statutory Bodies Legislation Amendment Bill 2007 `(3) The general manager is appointed under this Act and not 1 under the Public Service Act 1996.'. 2 Clause 102 Amendment of s 27 (Custody of seal--authentication of 3 documents) 4 Section 27(1), `an officer of the corporation'-- 5 omit, insert-- 6 `a person'. 7 Clause 103 Insertion of new pt 2AA 8 After part 2-- 9 insert-- 10 `Part 2AA Tourism Queensland 11 Employing Office 12 `Division 1 Establishment and functions of 13 employing office 14 `29AA Establishment of employing office 15 `(1) The Tourism Queensland Employing Office is established. 16 `(2) The employing office consists of-- 17 (a) the executive officer; and 18 (b) the employees of the employing office. 19 `(3) The employing office is a separate entity from the 20 corporation. 21 `29AB Employing office represents the State 22 `(1) The employing office represents the State. 23 `(2) Without limiting subsection (1), the employing office has the 24 status, privileges and immunities of the State. 25

 


 

s 103 84 s 103 Statutory Bodies Legislation Amendment Bill 2007 `29AC Functions of employing office 1 `(1) The main functions of the employing office are-- 2 (a) entering into, for the State, a work performance 3 arrangement with the corporation under which 4 employees of the employing office perform work for the 5 corporation; and 6 (b) employing, for the State, staff to perform work for the 7 corporation under the work performance arrangement; 8 and 9 (c) doing anything incidental to the discharge of the 10 functions mentioned in paragraphs (a) and (b). 11 `(2) Also, the employing office has any other function conferred 12 on the employing office under this or another Act. 13 `(3) This section does not limit the employing office's power to 14 enter into and give effect to a work performance arrangement 15 under section 29AG with a government entity other than the 16 corporation. 17 `Division 2 Executive officer 18 `29AD Appointment of executive officer 19 `(1) There is to be an executive officer of the employing office. 20 `(2) The executive officer is to be appointed by the Governor in 21 Council. 22 `(3) The executive officer is appointed under this Act and not 23 under the Public Service Act 1996. 24 `29AE Executive officer acting for employing office 25 `(1) The employing office acts through the executive officer. 26 `(2) Anything done by the executive officer in the name of, or for, 27 the employing office is taken to have been done by the 28 employing office. 29

 


 

s 103 85 s 103 Statutory Bodies Legislation Amendment Bill 2007 `Division 3 Staff of employing office 1 `29AF Employing office may employ staff 2 `(1) The employing office may, for the State, employ staff. 3 `(2) A person employed under subsection (1) is an employee of the 4 employing office. 5 `(3) The employing office may decide the terms of employment of 6 the employees of the employing office. 7 `(4) Subsection (3) applies subject to any relevant industrial 8 instrument. 9 `(5) Employees of the employing office are employed under this 10 Act and not under the Public Service Act 1996. 11 `29AG Employing office may enter into work performance 12 arrangements 13 `(1) The employing office may, for the State, enter into and give 14 effect to a work performance arrangement with-- 15 (a) the corporation; or 16 (b) the appropriate authority of another government entity. 17 `(2) A work performance arrangement may make provision for all 18 matters necessary or convenient to be provided under the 19 arrangement. 20 `(3) For example, a work performance arrangement may provide 21 for-- 22 (a) the appointment of a person to an office, and the holding 23 of the office by the person, for the arrangement; and 24 (b) the authorising of a person to exercise powers for the 25 arrangement; and 26 (c) whether payment is to be made for work done under the 27 arrangement and, if so, what payment is to be made and 28 who is to make the payment. 29 `(4) A person performing work for the corporation or other 30 government entity under a work performance arrangement 31 entered into under subsection (1)-- 32

 


 

s 104 86 s 104 Statutory Bodies Legislation Amendment Bill 2007 (a) is not employed by the corporation or other government 1 entity; and 2 (b) remains an employee of the employing office. 3 `(5) To remove any doubt, it is declared that the corporation or 4 another government entity does not have power to employ a 5 person performing work for the corporation or other 6 government entity under a work performance arrangement 7 entered into under subsection (1). 8 `Division 4 Other provisions 9 `29AH Employing office is statutory body 10 `(1) The employing office is a statutory body under-- 11 (a) the Financial Administration and Audit Act 1977; and 12 (b) the Statutory Bodies Financial Arrangements Act 1982. 13 `(2) For applying the Financial Administration and Audit Act 1977 14 to the employing office as a statutory body-- 15 (a) the executive officer is taken to be the chairperson of the 16 employing office; and 17 (b) section 46G(4) of that Act is taken to require the 18 executive officer to consider the annual financial 19 statements and the auditor-general's report mentioned in 20 the subsection as soon as practicable after they are 21 received by the employing office; and 22 (c) section 46H of that Act is taken to require the executive 23 officer to consider any observations, suggestions or 24 comments given to the executive officer under section 25 93(4) of that Act as soon as practicable after the 26 executive officer receives them.'. 27 Clause 104 Insertion of new pt 5, div 1 hdg 28 Part 5, before section 36-- 29 insert-- 30

 


 

s 105 87 s 105 Statutory Bodies Legislation Amendment Bill 2007 `Division 1 Transitional provisions for Tourism 1 Legislation Amendment Act 1999'. 2 Clause 105 Insertion of new pt 5, div 2 3 After section 37-- 4 insert-- 5 `Division 2 Transitional provisions for Statutory 6 Bodies Legislation Amendment Act 7 2007 8 `38 Rights and entitlements of particular employees 9 `(1) This section applies to a person who-- 10 (a) becomes an employee of the employing office; and 11 (b) was an employee of the corporation-- 12 (i) immediately before the commencement of this 13 section; and 14 (ii) immediately before becoming an employee of the 15 employing office. 16 `(2) On becoming an employee of the employing office, the person 17 is taken to be employed under section 29AF on the conditions 18 on which the person would have been employed by the 19 corporation, immediately before the person became an 20 employee of the employing office, if the corporation had 21 never become an employer under the Workplace Relations Act 22 1996 (Cwlth). 23 `(3) Also-- 24 (a) the person keeps all rights and entitlements, including 25 entitlements to receive long service, recreation and sick 26 leave and any similar entitlements, that-- 27 (i) have accrued or were accruing to the person as an 28 employee of the corporation; and 29 (ii) would have accrued to the person if the corporation 30 had never become an employer under the 31 Workplace Relations Act 1996 (Cwlth); and 32

 


 

s 105 88 s 105 Statutory Bodies Legislation Amendment Bill 2007 (b) if the person is a member of a superannuation scheme-- 1 (i) the person keeps all entitlements accrued or 2 accruing to the person as a member of the scheme; 3 and 4 (ii) the person's membership of the scheme is not 5 affected. 6 `(4) Without limiting subsection (3), for working out the person's 7 rights and entitlements, including entitlements to receive long 8 service, recreation and sick leave and any similar entitlements, 9 employment of the person by the employing office is a 10 continuation of employment of the person by the corporation. 11 `(5) If the person was a seconded employee immediately before 12 becoming an employee of the employing office, the 13 arrangement under which the person was performing work for 14 a government entity other than the corporation may continue 15 until the arrangement ends, and, if the arrangement does 16 continue-- 17 (a) subsection (2) does not apply to the person; and 18 (b) on the ending of the arrangement, the person is taken to 19 be employed under section 29AF on the conditions on 20 which the person would have been employed by the 21 corporation, on the ending of the arrangement, if-- 22 (i) the person had continued to be an employee of the 23 corporation; and 24 (ii) the corporation had never become an employer 25 under the Workplace Relations Act 1996 (Cwlth). 26 `(6) Subsections (2) and (5)(b) do not limit section 29AF(3) and 27 (4). 28 `(7) In this section-- 29 employee of the corporation includes a seconded employee. 30 seconded employee means an employee of the corporation 31 performing work for another government entity under an 32 arrangement entered into, before the commencement of this 33 section, by the corporation with the appropriate authority of 34 the other government entity. 35

 


 

s 105 89 s 105 Statutory Bodies Legislation Amendment Bill 2007 `39 Application of industrial instruments 1 `The employing office is taken to be bound by the industrial 2 instruments that bound the corporation immediately before it 3 became an employer under the Workplace Relations Act 1996 4 (Cwlth). 5 `40 Amending Act does not affect particular powers of 6 corporation 7 `Nothing in the Statutory Bodies Legislation Amendment Act 8 2007, part 10, affects the powers of the corporation under 9 section 14. 10 `41 Continued application of repealed s 16 11 `(1) Section 16, as in force immediately before the 11 12 commencement of this section, continues to apply in relation 13 to persons employed by the corporation under that section, 14 other than the general manager of the corporation, 15 immediately before the commencement while that 16 employment continues. 17 `(2) This section does not limit section 40. 18 `42 Continuation in office of general manager 19 `(1) This section applies if a person was employed by the 20 corporation, immediately before the commencement of this 21 section, as the general manager of the corporation under 22 repealed section 16. 23 `(2) The person continues to hold office as the general manager of 24 the corporation until-- 25 (a) someone is appointed as the general manager by the 26 Governor in Council under section 20A(2); or 27 (b) if the person's employment by the corporation as the 28 general manager otherwise ends before the appointment 29 mentioned in paragraph (a)--the person's employment 30 otherwise ends. 31 11 Section 16 (Engagement and employment of staff)

 


 

s 106 90 s 108 Statutory Bodies Legislation Amendment Bill 2007 `(3) While the person continues to hold office under subsection 1 (2)-- 2 (a) section 20A(2) and (3) does not apply; and 3 (b) section 16, as in force immediately before the 4 commencement of this section, continues to apply in 5 relation to the person.'. 6 Part 11 Amendment of Water Act 2000 7 Clause 106 Act amended in pt 11 8 This part amends the Water Act 2000. 9 Clause 107 Amendment of s 542 (Purpose of ch 4) 10 (1) Section 542, heading, `Purpose'-- 11 omit, insert-- 12 `Purposes'. 13 (2) Section 542, `The purpose'-- 14 omit, insert-- 15 `The main purpose'. 16 (3) Section 542-- 17 insert-- 18 `(2) Another purpose of this chapter is to establish the employing 19 offices for water authorities.'. 20 Clause 108 Replacement of ch 4, pt 3, div 4 (Water authority 21 employees) 22 Chapter 4, part 3, division 4-- 23 omit, insert-- 24

 


 

s 109 91 s 109 Statutory Bodies Legislation Amendment Bill 2007 `Division 4 Work performance arrangements 1 `584 Water authority may enter into work performance 2 arrangements 3 `(1) A water authority may enter into, and give effect to, a work 4 performance arrangement with-- 5 (a) the employing office for the water authority; or 6 (b) the appropriate authority of another government entity. 7 `(2) A work performance arrangement may make provision for all 8 matters necessary or convenient to be provided under the 9 arrangement. 10 `(3) For example, a work performance arrangement may provide 11 for-- 12 (a) the appointment of a person to an office, and the holding 13 of the office by the person, for the arrangement; and 14 (b) the authorising of a person to exercise powers for the 15 arrangement; and 16 (c) whether payment is to be made for work done under the 17 arrangement and, if so, what payment is to be made and 18 who is to make the payment. 19 `(4) A person performing work for a water authority under a work 20 performance arrangement entered into under subsection (1)-- 21 (a) is not employed by the water authority; and 22 (b) remains an employee of the employing office for the 23 water authority, or an employee of the other government 24 entity whose appropriate authority is a party to the 25 arrangement. 26 `(5) To remove any doubt, it is declared that a water authority does 27 not have power to employ a person performing work for the 28 water authority under a work performance arrangement 29 entered into under subsection (1).'. 30 Clause 109 Amendment of s 585 (Duties and liabilities of water 31 authority officers) 32 Section 585(9), definition officer-- 33

 


 

s 110 92 s 111 Statutory Bodies Legislation Amendment Bill 2007 omit, insert-- 1 `officer, of a water authority, includes-- 2 (a) an employee of the water authority; and 3 (b) an employee of the employing office for the water 4 authority or of another government entity who performs 5 work for the authority under a work performance 6 arrangement between the water authority and the 7 employing office or other government entity.'. 8 Clause 110 Amendment of s 618 (Power to grant relief) 9 (1) Section 618(1), from `who is'-- 10 omit, insert-- 11 `who is-- 12 (a) an officer or employee of a water authority; or 13 (b) an employee of the employing office for a water 14 authority or of another government entity who performs 15 work for the authority under a work performance 16 arrangement between the water authority and the 17 employing office or other government entity.'. 18 (2) Section 618(2) and (4), after `water authority'-- 19 omit, insert-- 20 `or as an employee of the employing office for the water 21 authority or of the other government entity'. 22 Clause 111 Amendment of s 619 (False or misleading information or 23 documents) 24 Section 619(1), definition officer-- 25 omit, insert-- 26 `officer, of a water authority, includes-- 27 (a) an employee of the water authority; and 28 (b) an employee of the employing office for the water 29 authority or of another government entity who performs 30 work for the authority under a work performance 31

 


 

s 112 93 s 112 Statutory Bodies Legislation Amendment Bill 2007 arrangement between the water authority and the 1 employing office or other government entity.'. 2 Clause 112 Insertion of new ch 4, pt 4A 3 Chapter 4, after part 4-- 4 insert-- 5 `Part 4A Employing offices for water 6 authorities 7 `Division 1 Establishment and functions of 8 employing offices for water 9 authorities 10 `625 Establishment of employing office for water authority 11 `(1) A regulation may establish the employing office for a water 12 authority. 13 `(2) The regulation must name the employing office for the water 14 authority. 15 `(3) The employing office for a water authority consists of-- 16 (a) the executive officer of the employing office; and 17 (b) the employees of the employing office. 18 `(4) The employing office for a water authority is a separate entity 19 from the water authority. 20 `626 Employing office for water authority represents the 21 State 22 `(1) The employing office for a water authority represents the 23 State. 24 `(2) Without limiting subsection (1), the employing office has the 25 status, privileges and immunities of the State. 26

 


 

s 112 94 s 112 Statutory Bodies Legislation Amendment Bill 2007 `627 Functions of employing office for water authority 1 `(1) The main functions of the employing office for a water 2 authority are-- 3 (a) entering into, for the State, a work performance 4 arrangement with the water authority under which 5 employees of the employing office perform work for the 6 authority; and 7 (b) employing, for the State, staff to perform work for the 8 water authority under the work performance 9 arrangement; and 10 (c) doing anything incidental to the discharge of the 11 functions mentioned in paragraphs (a) and (b). 12 `(2) Also, the employing office for a water authority has any other 13 function conferred on the employing office under this or 14 another Act. 15 `(3) This section does not limit the power of the employing office 16 for a water authority to enter into and give effect to a work 17 performance arrangement under section 631 with a 18 government entity other than the water authority. 19 `Division 2 Executive officer 20 `628 Appointment of executive officer 21 `(1) There is to be an executive officer of the employing office for 22 a water authority. 23 `(2) The executive officer is to be appointed by the Governor in 24 Council. 25 `(3) The executive officer is appointed under this Act and not 26 under the Public Service Act 1996. 27 `629 Executive officer acting for employing office of water 28 authority 29 `(1) The employing office for a water authority acts through the 30 executive officer of the employing office. 31

 


 

s 112 95 s 112 Statutory Bodies Legislation Amendment Bill 2007 `(2) Anything done by the executive officer in the name of, or for, 1 the employing office is taken to have been done by the 2 employing office. 3 `Division 3 Staff of employing offices for water 4 authorities 5 `630 Employing office for water authority may employ staff 6 `(1) The employing office for a water authority may, for the State, 7 employ staff. 8 `(2) A person employed under subsection (1) is an employee of the 9 employing office. 10 `(3) The employing office for a water authority may decide the 11 terms of employment of the employees of the employing 12 office. 13 `(4) Subsection (3) applies subject to any relevant industrial 14 instrument. 15 `(5) Employees of the employing office for a water authority are 16 employed under this Act and not the Public Service Act 1996. 17 `631 Employing office for water authority may enter into 18 work performance arrangements 19 `(1) The employing office for a water authority may, for the State, 20 enter into and give effect to a work performance arrangement 21 with-- 22 (a) the water authority; or 23 (b) the appropriate authority of another government entity. 24 `(2) A work performance arrangement may make provision for all 25 matters necessary or convenient to be provided under the 26 arrangement. 27 `(3) For example, a work performance arrangement may provide 28 for-- 29 (a) the appointment of a person to an office, and the holding 30 of the office by the person, for the arrangement; and 31

 


 

s 112 96 s 112 Statutory Bodies Legislation Amendment Bill 2007 (b) the authorising of a person to exercise powers for the 1 arrangement; and 2 (c) whether payment is to be made for work done under the 3 arrangement and, if so, what payment is to be made and 4 who is to make the payment. 5 `(4) A person performing work for a water authority or other 6 government entity under a work performance arrangement 7 entered into under subsection (1)-- 8 (a) is not employed by the water authority or other 9 government entity; and 10 (b) remains an employee of the employing office for the 11 water authority. 12 `(5) To remove any doubt, it is declared that a water authority or 13 another government entity does not have power to employ a 14 person performing work for the authority or other government 15 entity under a work performance arrangement entered into 16 under subsection (1). 17 `Division 4 Other provisions 18 `632 Employing office for water authority is statutory body 19 `(1) The employing office for a water authority is a statutory body 20 under-- 21 (a) the Financial Administration and Audit Act 1977; and 22 (b) the Statutory Bodies Financial Arrangements Act 1982. 23 `(2) For applying the Financial Administration and Audit Act 1977 24 to the employing office as a statutory body-- 25 (a) the executive officer of the employing office is taken to 26 be the chairperson of the employing office; and 27 (b) section 46G(4) of that Act is taken to require the 28 executive officer to consider the annual financial 29 statements and the auditor-general's report mentioned in 30 the subsection as soon as practicable after they are 31 received by the employing office; and 32

 


 

s 113 97 s 113 Statutory Bodies Legislation Amendment Bill 2007 (c) section 46H of that Act is taken to require the executive 1 officer to consider any observations, suggestions or 2 comments given to the executive officer under section 3 93(4) of that Act as soon as practicable after the 4 executive officer receives them.'. 5 Clause 113 Replacement of s 704 (Existing employees) 6 Section 704-- 7 omit, insert-- 8 `704 Existing employees 9 `(1) On the changeover day for a former water authority that is 10 amalgamated with another water authority-- 11 (a) a person who was employed by the former water 12 authority becomes an employee of the new entity; and 13 (b) a person who was employed by the employing office for 14 the former water authority becomes an employee of the 15 employing office for the new entity. 16 `(2) On the changeover day for a former water authority that is 17 converted to an alternative institutional structure-- 18 (a) a person who was employed by the former water 19 authority becomes an employee of the new entity; and 20 (b) a person who was employed by the employing office for 21 the former water authority becomes an employee of-- 22 (i) if there is an employing authority for the new 23 entity--that employing authority; or 24 (ii) otherwise--the new entity. 25 `(3) A person mentioned in subsection (1) or (2)-- 26 (a) must be employed on terms and conditions of 27 employment that are at least as favourable as the 28 person's existing terms and conditions of employment; 29 and 30 (b) remains entitled to all existing and accruing rights of 31 employment.'. 32

 


 

s 114 98 s 115 Statutory Bodies Legislation Amendment Bill 2007 Clause 114 Amendment of s 936 (Responsibility for acts or 1 omissions of representatives) 2 Section 936(4), definition representative-- 3 omit, insert-- 4 `representative means-- 5 (a) for a water authority-- 6 (i) an executive officer, employee or agent of the 7 water authority; or 8 (ii) an employee of the employing office for the water 9 authority or of another government entity who 10 performs work for the authority under a work 11 performance arrangement between the water 12 authority and the employing office or other 13 government entity; or 14 (b) for a corporation, other than a water authority--an 15 executive officer, employee or agent of the corporation; 16 or 17 (c) for an individual--an employee or agent of the 18 individual.'. 19 Clause 115 Insertion of new ch 9, pt 5, div 8 20 After section 1146-- 21 insert-- 22 `Division 8 Transitional provisions for Statutory 23 Bodies Legislation Amendment Act 24 2007 25 `1147 Rights and entitlements of particular employees 26 `(1) This section applies to a person who-- 27 (a) becomes an employee of the employing office for a 28 water authority; and 29 (b) was an employee of the water authority-- 30

 


 

s 115 99 s 115 Statutory Bodies Legislation Amendment Bill 2007 (i) immediately before the commencement of this 1 section; and 2 (ii) immediately before becoming an employee of the 3 employing office. 4 `(2) On becoming an employee of the employing office for the 5 water authority, the person is taken to be employed under 6 section 630 on the conditions on which the person would have 7 been employed by the water authority, immediately before the 8 person became an employee of the employing office, if the 9 water authority had never become an employer under the 10 Workplace Relations Act 1996 (Cwlth). 11 `(3) Also-- 12 (a) the person keeps all rights and entitlements, including 13 entitlements to receive long service, recreation and sick 14 leave and any similar entitlements, that-- 15 (i) have accrued or were accruing to the person as an 16 employee of the water authority; and 17 (ii) would have accrued to the person if the water 18 authority had never become an employer under the 19 Workplace Relations Act 1996 (Cwlth); and 20 (b) if the person is a member of a superannuation scheme-- 21 (i) the person keeps all entitlements accrued or 22 accruing to the person as a member of the scheme; 23 and 24 (ii) the person's membership of the scheme is not 25 affected. 26 `(4) Without limiting subsection (3), for working out the person's 27 rights and entitlements, including entitlements to receive long 28 service, recreation and sick leave and any similar entitlements, 29 employment of the person by the employing office for the 30 water authority is a continuation of employment of the person 31 by the water authority. 32 `(5) Subsection (2) does not limit section 630(3) and (4). 33

 


 

s 116 100 s 116 Statutory Bodies Legislation Amendment Bill 2007 `1148 Application of industrial instruments 1 `The employing office for a water authority is taken to be 2 bound by the industrial instruments that bound the water 3 authority immediately before it became an employer under the 4 Workplace Relations Act 1996 (Cwlth). 5 `1149 Amending Act does not affect particular powers of 6 water authority 7 `Nothing in the Statutory Bodies Legislation Amendment Act 8 2007, part 11, affects the powers of a water authority under 9 section 550. 10 `1150 Continued application of repealed provisions 11 `(1) Chapter 4, part 3, division 4, as in force immediately before 12 12 the commencement of this section (the repealed division), 13 continues to apply in relation to persons employed by the 14 water authority under the repealed division immediately 15 before the commencement while that employment continues. 16 `(2) This section does not limit section 1149.'. 17 Clause 116 Amendment of sch 4 (Dictionary) 18 Schedule 4-- 19 insert-- 20 `employee of the employing office see section 630(2). 21 employing office, for a water authority, means the employing 22 office for the water authority established under this Act. 23 executive officer, of the employing office for a water 24 authority, means the executive officer of the employing office 25 for the water authority appointed under section 628. 26 government entity see the Public Service Act 1996, section 27 21. 28 12 Chapter 4 (Water authorities), part 3 (Functions and powers of water authorities), division 4 (Water authority employees)

 


 

s 117 101 s 119 Statutory Bodies Legislation Amendment Bill 2007 industrial instrument see the Industrial Relations Act 1999, 1 schedule 5. 2 work performance arrangement means an arrangement under 3 which an employee of a government entity performs work for 4 another government entity.'. 5 Part 12 Amendment of Workers' 6 Compensation and 7 Rehabilitation Act 2003 8 Clause 117 Act amended in pt 12 9 This part amends the Workers' Compensation and 10 Rehabilitation Act 2003. 11 Clause 118 Amendment of s 337 (Regard to particular ability in 12 appointment of directors) 13 Section 337(2)(b)(i), `or WorkCover employee'-- 14 insert-- 15 `, WorkCover employee or an employee of the employing 16 office or of another government entity or non-Queensland 17 government entity who performs work for WorkCover under a 18 work performance arrangement'. 19 Clause 119 Amendment of s 389 (General restriction of WorkCover's 20 powers) 21 Section 389(9), definition WorkCover officer-- 22 insert-- 23 `(c) an employee of the employing office or of another 24 government entity or non-Queensland government 25 entity who performs work for WorkCover under a work 26 performance arrangement.'. 27

 


 

s 120 102 s 123 Statutory Bodies Legislation Amendment Bill 2007 Clause 120 Amendment of s 392 (Protection of persons who deal 1 with WorkCover) 2 Section 392(6), definition WorkCover officer-- 3 insert-- 4 `(c) an employee of the employing office or of another 5 government entity or non-Queensland government 6 entity who performs work for WorkCover under a work 7 performance arrangement.'. 8 Clause 121 Amendment of s 422 (Power to grant relief) 9 Section 422(5), definition WorkCover officer-- 10 insert-- 11 `(c) an employee of the employing office or of another 12 government entity or non-Queensland government 13 entity who performs work for WorkCover under a work 14 performance arrangement.'. 15 Clause 122 Amendment of s 423 (False or misleading information or 16 documents) 17 Section 423(4), definition WorkCover officer-- 18 insert-- 19 `(c) an employee of the employing office or of another 20 government entity or non-Queensland government 21 entity who performs work for WorkCover under a work 22 performance arrangement.'. 23 Clause 123 Amendment of s 428 (Delegation by board) 24 (1) Section 428(1)(d), after `employee'-- 25 omit, insert-- 26 `or employee of the employing office or of another 27 government entity or non-Queensland government entity who 28 performs work for WorkCover under a work performance 29 arrangement'. 30

 


 

s 124 103 s 125 Statutory Bodies Legislation Amendment Bill 2007 (2) Section 428(2), example, after `WorkCover'-- 1 omit, insert-- 2 `, the employing office or another government entity or non-Queensland 3 government entity'. 4 Clause 124 Amendment of s 445 (Delegation by chief executive 5 officer) 6 (1) Section 445(1), after `employee'-- 7 omit, insert-- 8 `or employee of the employing office or of another 9 government entity or non-Queensland government entity who 10 performs work for WorkCover under a work performance 11 arrangement'. 12 (2) Section 445(3), example, after `WorkCover'-- 13 omit, insert-- 14 `, the employing office or another government entity or non-Queensland 15 government entity'. 16 Clause 125 Replacement of s 448 (Basis of employment generally) 17 Section 448-- 18 omit, insert-- 19 `448 WorkCover may enter into work performance 20 arrangements 21 `(1) WorkCover may enter into, and give effect to, a work 22 performance arrangement with-- 23 (a) the employing office; or 24 (b) the appropriate authority of another government entity 25 or non-Queensland government entity. 26 `(2) A work performance arrangement may make provision for all 27 matters necessary or convenient to be provided under the 28 arrangement. 29 `(3) For example, a work performance arrangement may provide 30 for-- 31

 


 

s 126 104 s 127 Statutory Bodies Legislation Amendment Bill 2007 (a) the appointment of a person to an office, and the holding 1 of the office by the person, for the arrangement; and 2 (b) the authorising of a person to exercise powers for the 3 arrangement; and 4 (c) whether payment is to be made for work done under the 5 arrangement and, if so, what payment is to be made and 6 who is to make the payment. 7 `(4) A person performing work for WorkCover under a work 8 performance arrangement entered into under subsection (1)-- 9 (a) is not employed by WorkCover; and 10 (b) remains an employee of the employing office, or an 11 employee of the other government entity or 12 non-Queensland government entity whose appropriate 13 authority is a party to the arrangement. 14 `(5) To remove any doubt, it is declared that WorkCover does not 15 have power to employ a person performing work for 16 WorkCover under a work performance arrangement entered 17 into under subsection (1).'. 18 Clause 126 Omission of s 450 (Arrangements relating to staff) 19 Section 450-- 20 omit. 21 Clause 127 Amendment of s 466 (Appointment of authorised 22 persons) 23 (1) Section 466(1), after `employee'-- 24 omit, insert-- 25 `or an employee of the employing office or of another 26 government entity or non-Queensland government entity who 27 performs work for WorkCover under a work performance 28 arrangement'. 29 (2) Section 466(2), `a WorkCover employee'-- 30 omit, insert-- 31 `the person'. 32

 


 

s 128 105 s 128 Statutory Bodies Legislation Amendment Bill 2007 (3) Section 466(2), `the employee'-- 1 omit, insert-- 2 `the person'. 3 Clause 128 Insertion of new ch 8A 4 After chapter 8-- 5 insert-- 6 `Chapter 8A WorkCover Employing 7 Office 8 `Part 1 Establishment and functions of 9 employing office 10 `475A Establishment of employing office 11 `(1) The WorkCover Employing Office is established. 12 `(2) The employing office consists of-- 13 (a) the executive officer; and 14 (b) the employees of the employing office. 15 `(3) The employing office is a separate entity from WorkCover. 16 `475B Employing office represents the State 17 `(1) The employing office represents the State. 18 `(2) Without limiting subsection (1), the employing office has the 19 status, privileges and immunities of the State. 20 `475C Functions of employing office 21 `(1) The main functions of the employing office are-- 22 (a) entering into, for the State, a work performance 23 arrangement with WorkCover under which employees 24

 


 

s 128 106 s 128 Statutory Bodies Legislation Amendment Bill 2007 of the employing office perform work for WorkCover; 1 and 2 (b) employing, for the State, staff to perform work for 3 WorkCover under the work performance arrangement; 4 and 5 (c) doing anything incidental to the discharge of the 6 functions mentioned in paragraphs (a) and (b). 7 `(2) Also, the employing office has any other function conferred 8 on the employing office under this or another Act. 9 `(3) This section does not limit the employing office's power to 10 enter into and give effect to a work performance arrangement 11 under section 475G with a government entity, other than 12 WorkCover, or a non-Queensland government entity. 13 `Part 2 Executive officer 14 `475D Appointment of executive officer 15 `(1) There is to be an executive officer of the employing office. 16 `(2) The executive officer is to be appointed by the Governor in 17 Council. 18 `(3) The executive officer is appointed under this Act and not 19 under the Public Service Act 1996. 20 `475E Executive officer acting for employing office 21 `(1) The employing office acts through the executive officer. 22 `(2) Anything done by the executive officer in the name of, or for, 23 the employing office is taken to have been done by the 24 employing office. 25 `Part 3 Staff of employing office 26 `475F Employing office may employ staff 27 `(1) The employing office may, for the State, employ staff. 28

 


 

s 128 107 s 128 Statutory Bodies Legislation Amendment Bill 2007 `(2) A person employed under subsection (1) is an employee of the 1 employing office. 2 `(3) The employing office may decide the terms of employment of 3 the employees of the employing office. 4 `(4) Subsection (3) applies subject to any relevant industrial 5 instrument. 6 `(5) Employees of the employing office are employed under this 7 Act and not under the Public Service Act 1996. 8 `475G Employing office may enter into work performance 9 arrangements 10 `(1) The employing office may, for the State, enter into and give 11 effect to a work performance arrangement with-- 12 (a) WorkCover; or 13 (b) the appropriate authority of another government entity 14 or non-Queensland government entity. 15 `(2) A work performance arrangement may make provision for all 16 matters necessary or convenient to be provided under the 17 arrangement. 18 `(3) For example, a work performance arrangement may provide 19 for-- 20 (a) the appointment of a person to an office, and the holding 21 of the office by the person, for the arrangement; and 22 (b) the authorising of a person to exercise powers for the 23 arrangement; and 24 (c) whether payment is to be made for work done under the 25 arrangement and, if so, what payment is to be made and 26 who is to make the payment. 27 `(4) A person performing work for WorkCover or other 28 government entity or non-Queensland government entity 29 under a work performance arrangement entered into under 30 subsection (1)-- 31 (a) is not employed by WorkCover or the other government 32 entity or non-Queensland government entity; and 33 (b) remains an employee of the employing office. 34

 


 

s 129 108 s 129 Statutory Bodies Legislation Amendment Bill 2007 `(5) To remove any doubt, it is declared that WorkCover or another 1 government entity or non-Queensland government entity does 2 not have power to employ a person performing work for 3 WorkCover or other government entity or non-Queensland 4 government entity under a work performance arrangement 5 entered into under subsection (1). 6 `Part 4 Other provisions 7 `475H Employing office is statutory body 8 `(1) The employing office is a statutory body under-- 9 (a) the Financial Administration and Audit Act 1977; and 10 (b) the Statutory Bodies Financial Arrangements Act 1982. 11 `(2) For applying the Financial Administration and Audit Act 1977 12 to the employing office as a statutory body-- 13 (a) the executive officer is taken to be the chairperson of the 14 employing office; and 15 (b) section 46G(4) of that Act is taken to require the 16 executive officer to consider the annual financial 17 statements and the auditor-general's report mentioned in 18 the subsection as soon as practicable after they are 19 received by the employing office; and 20 (c) section 46H of that Act is taken to require the executive 21 officer to consider any observations, suggestions or 22 comments given to the executive officer under section 23 93(4) of that Act as soon as practicable after the 24 executive officer receives them.'. 25 Clause 129 Amendment of s 599 (Previous non-policy compensation 26 arrangement with State) 27 Section 599-- 28 insert-- 29

 


 

s 130 109 s 130 Statutory Bodies Legislation Amendment Bill 2007 `(3) In this section-- 1 government entity has the meaning given by this Act as in 2 force immediately before the commencement of the Statutory 3 Bodies Legislation Amendment Act 2007, section 129.'. 4 Clause 130 Insertion of new ch 20 5 After section 643-- 6 insert-- 7 `Chapter 20 Transitional provisions for 8 Statutory Bodies 9 Legislation Amendment Act 10 2007 11 `644 Rights and entitlements of particular employees 12 `(1) This section applies to a person who-- 13 (a) becomes an employee of the employing office; and 14 (b) was an employee of WorkCover-- 15 (i) immediately before the commencement of this 16 section; and 17 (ii) immediately before becoming an employee of the 18 employing office. 19 `(2) On becoming an employee of the employing office, the person 20 is taken to be employed under section 475F on the conditions 21 on which the person would have been employed by 22 WorkCover, immediately before the person became an 23 employee of the employing office, if WorkCover had never 24 become an employer under the Workplace Relations Act 1996 25 (Cwlth). 26 `(3) Also-- 27 (a) the person keeps all rights and entitlements, including 28 entitlements to receive long service, recreation and sick 29 leave and any similar entitlements, that-- 30

 


 

s 130 110 s 130 Statutory Bodies Legislation Amendment Bill 2007 (i) have accrued or were accruing to the person as an 1 employee of WorkCover; and 2 (ii) would have accrued to the person if WorkCover 3 had never become an employer under the 4 Workplace Relations Act 1996 (Cwlth); and 5 (b) if the person is a member of a superannuation scheme-- 6 (i) the person keeps all entitlements accrued or 7 accruing to the person as a member of the scheme; 8 and 9 (ii) the person's membership of the scheme is not 10 affected. 11 `(4) Without limiting subsection (3), for working out the person's 12 rights and entitlements, including entitlements to receive long 13 service, recreation and sick leave and any similar entitlements, 14 employment of the person by the employing office is a 15 continuation of employment of the person by WorkCover. 16 `(5) If the person was a seconded employee immediately before 17 becoming an employee of the employing office, the 18 arrangement under which the person was performing work for 19 a government entity, other than WorkCover, or for a 20 non-Queensland government entity may continue until the 21 arrangement ends, and, if the arrangement does continue-- 22 (a) subsection (2) does not apply to the person; and 23 (b) on the ending of the arrangement, the person is taken to 24 be employed under section 475F on the conditions on 25 which the person would have been employed by 26 WorkCover, on the ending of the arrangement, if-- 27 (i) the person had continued to be an employee of 28 WorkCover; and 29 (ii) WorkCover had never become an employer under 30 the Workplace Relations Act 1996 (Cwlth). 31 `(6) Subsections (2) and (5)(b) do not limit section 475F(3) and 32 (4). 33 `(7) In this section-- 34 employee of WorkCover includes a seconded employee. 35

 


 

s 131 111 s 131 Statutory Bodies Legislation Amendment Bill 2007 seconded employee means an employee of WorkCover 1 performing work for another government entity or 2 non-Queensland government entity under an arrangement 3 entered into, before the commencement of this section, by 4 WorkCover with the appropriate authority of the other 5 government entity or non-Queensland government entity. 6 `645 Application of industrial instruments 7 `The employing office is taken to be bound by the industrial 8 instruments that bound WorkCover immediately before it 9 became an employer under the Workplace Relations Act 1996 10 (Cwlth). 11 `646 Amending Act does not affect particular powers of 12 WorkCover 13 `Nothing in the Statutory Bodies Legislation Amendment Act 14 2007, part 12, affects the powers of WorkCover under section 15 388. 16 `647 Continued application of repealed s 448 17 `(1) Section 448,13 as in force immediately before the 18 commencement of this section, continues to apply in relation 19 to persons employed by WorkCover under the repealed 20 section immediately before the commencement while that 21 employment continues. 22 `(2) This section does not limit section 646.'. 23 Clause 131 Amendment of sch 6 (Dictionary) 24 (1) Schedule 6, definition government entity-- 25 omit. 26 (2) Schedule 6-- 27 insert-- 28 `employee of the employing office see section 475F(2). 29 13 Section 448 (Basis of employment generally)

 


 

s 131 112 s 131 Statutory Bodies Legislation Amendment Bill 2007 employing office means the WorkCover Employing Office 1 established under section 475A. 2 executive officer means the executive officer of the employing 3 office appointed under section 475D. 4 government entity has the meaning given by the Public 5 Service Act 1996, section 21, and includes a GOC. 6 non-Queensland government entity means-- 7 (a) the Commonwealth or a State other than Queensland; or 8 (b) an agency or instrumentality of the Commonwealth or a 9 State other than Queensland. 10 work performance arrangement means an arrangement under 11 which an employee of a government entity or non-Queensland 12 government entity performs work for another government 13 entity or non-Queensland government entity.'. 14 State of Queensland 2007

 


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