Public Sector Bill 2022
Plain English Summary
Overview
This bill replaces the Public Service Act 2008 with a new Public Sector Act that creates a unified employment framework for the entire Queensland public sector. It implements recommendations from two independent reviews — the Bridgman Review into public sector employment laws and the Coaldrake Report on public sector culture and accountability — to make the public sector fairer, more diverse and better governed.
Who it affects
All Queensland public sector employees gain clearer rights and protections under a single framework. Non-permanent workers (casuals and temps) benefit most, with new rights to request conversion to permanent employment. Aboriginal peoples and Torres Strait Islander peoples benefit from a new statutory framework requiring government entities to support self-determination and cultural capability.
Key changes
- Replaces the Public Service Act 2008 with a unified Public Sector Act covering all public sector employees, not just the core public service
- Creates a statutory framework requiring public sector entities to support the reframing of the government's relationship with Aboriginal peoples and Torres Strait Islander peoples, including cultural capability plans and annual audits
- Strengthens the presumption of permanent employment and gives non-permanent workers the right to request conversion after one year, with compulsory employer reviews after two years
- Establishes mandatory equity and diversity planning, auditing and reporting with chief executive accountability, including explicit recognition of LGBTIQ+ employees
- Creates a Public Sector Governance Council with community representatives as the central oversight body for whole-of-sector governance
- Consolidates disciplinary frameworks by replacing separate regimes for ambulance officers and fire service officers with a single public sector process
- Protects the independence of core integrity bodies (CCC, Ombudsman, Information Commissioner) by excluding them from the bill's scope, consistent with the Coaldrake Report
- Introduces five-year fixed terms for chief executive appointments and a new performance framework
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee14 Oct 2022View Hansard
Referred to Economics and Governance Committee
The Economics and Governance Committee examined the Public Sector Bill 2022, receiving 10 submissions from unions, integrity bodies, the Queensland Law Society, and others. The committee held a public briefing with the Department of the Premier and Cabinet and a public hearing with key stakeholders. The committee recommended the Bill be passed, finding it would appropriately modernise public sector employment laws in line with the Bridgman Review and Coaldrake Report recommendations, while noting ongoing stakeholder concerns around appeal provisions, employment conversion processes, and the independence of distributed integrity bodies.
Key findings (5)
- The Bill implements Stage 2 reforms arising from the Bridgman Review and Coaldrake Report, replacing the Public Service Act 2008 with a modern, employee-focused legislative framework covering the broader public sector.
- Submitters broadly supported the Bill's provisions for reframing the government's relationship with Aboriginal and Torres Strait Islander peoples and strengthening equity, diversity, respect and inclusion in the public sector.
- Unions proposed adding the LGBTIQ+ community as a fifth diversity target group, but the committee accepted there was insufficient evidence of under-representation to warrant a new employment target at this time.
- Together Queensland and the Queensland Council of Unions raised concerns about appeal provisions, deemed refusal processes for employment conversion, and the limited role of the Public Sector Commission in resolving disputes, though the committee accepted the department's responses on these matters.
- The Queensland Human Rights Commission and Electoral Commission of Queensland sought exemptions from public sector review powers to protect their independence, but the committee did not find strong evidence to support treating them differently from other distributed integrity bodies.
Recommendations (1)
- The committee recommends the Public Sector Bill 2022 be passed.
Committee report tabled
▸Second Reading30 Nov 2022View Hansard
▸18 members spoke16 support2 mixed
Also expressed support for the Public Sector Bill as part of the cognate debate.
“I stand proudly with this government in recommending all these reforms.”— 2022-11-30View Hansard
Outlined the bill's three pillars of fairness, responsiveness and inclusiveness, extending public sector employment reforms to the broader public sector. Highlighted employment security, equity and diversity provisions, and nation-leading First Nations recognition requirements.
“This bill extends conversion to permanent employment mechanisms beyond the public service to the broader public sector. It also extends accountabilities for chief executives to undertake proactive workforce planning, reducing reliance on temporary and casual employment from the outset.”— 2022-11-29View Hansard
Supported the need for public sector reform but criticised the government for taking four years to implement the Bridgman review and argued the Coaldrake review exposed a culture of fear and sanitised advice within the public service under Labor.
“The Public Service must be valued. It must be respected. It must provide fearless and frank advice. The Public Service needs job security.”— 2022-11-29View Hansard
Strongly supported the bill, emphasising the importance of job security for public servants and criticising the LNP's record of sacking 14,000 public servants.
“We want to protect and make things better for our public servants, who do so much each and every day for our communities.”— 2022-11-30View Hansard
Supported the bill and spoke to the contents of the legislation, highlighting the importance of employment security for public servants and the reforms being implemented.
“I might actually talk to the contents of this bill just to make a change.”— 2022-11-29View Hansard
Proudly supported the bill, emphasising the government's appreciation for public servants and their role during COVID-19 and natural disasters. Criticised the LNP for sacking 14,000 public servants.
“Queenslanders rightly expect that the government and the public sector are working in their best interests all the time.”— 2022-11-30View Hansard
Supported the bill as a former public servant of 28 years, speaking to the importance of employment security and the impact of the Newman government's sacking of 14,000 public servants.
“Public service can be a challenging and difficult job. I know; I have spent my entire career of 28 years as a servant for the people of Queensland.”— 2022-11-29View Hansard
Acknowledged the LNP's past mistreatment of public servants was a mistake and called for a return to Westminster model principles of frank and fearless advice. Argued the Public Service has been used as a political football by both sides.
“The Leader of the Opposition has made it very clear that, going forward, the Public Service will be treated with absolute respect.”— 2022-11-30View Hansard
Supported the bills, highlighting provisions for First Nations relationships and employment security. Shared a story about the culture of fear under the Newman government.
“This bill establishes the necessary requirements for a modern Public Service that is absolutely capable of providing frank and fearless advice.”— 2022-11-30View Hansard
As Minister for Agriculture, supported both bills, praising the Public Service's work during the pandemic and emphasising the government's commitment to job security and permanent employment.
“You cannot have integrity in the Public Service when staff are in constant fear of losing their jobs, which is what awaits us if the member for Broadwater becomes premier.”— 2022-11-30View Hansard
Supported the bills, emphasising the importance of job security for public servants and highlighting provisions for First Nations relationships and LGBTIQ+ inclusion.
“Public sector workers have a right to safe, secure and dignified work.”— 2022-11-30View Hansard
Supported the bill as a welcomed and balanced approach for public servants, while also raising concerns about disparities between public and private sector employment conditions.
“This bill is a welcomed, needed and balanced approach for Queensland's incredible public servants.”— 2022-11-30View Hansard
Supported both bills, praised public servants across Queensland and highlighted the bill's measures around employment security, equity, diversity and inclusion. Also defended the government's integrity reforms.
“At the outset, I want to give a big shout-out to every single public servant who works for this government. I have the greatest respect for them.”— 2022-11-29View Hansard
Supported both bills, highlighting the reforms' benefits for frontline public servants in his electorate including teachers, health workers and emergency services personnel.
“When we say we are delivering good jobs and better services to enhance our great Queensland lifestyle, it includes backing and growing our frontline Public Service workers.”— 2022-11-29View Hansard
Supported both bills, emphasising the value of public servants and sharing personal experiences of friends affected by the Newman government's cuts.
“On this side of the House we value our hardworking public servants, unlike those opposite.”— 2022-11-30View Hansard
Supported the Public Sector Bill but moved amendments to require permanency for casual and temporary workers after one year and to include LGBTIQ+ people as a diversity target group. Criticised the bill for not going far enough on job security for teachers and nurses.
“Right now thousands of teachers and healthcare workers do not even know where or if they will have a job after Christmas. The Labor government is stringing along workers in schools and hospitals with casual work and temporary contracts.”— 2022-11-29View Hansard
Supported both bills, highlighting the reforms for reframing the relationship with Aboriginal and Torres Strait Islander peoples and the provisions for equity, diversity, respect and inclusion including for the LGBTIQ+ community.
“Public sector workers deserve to feel safe and secure in their jobs. They deserve to have peace of mind.”— 2022-11-29View Hansard
Supported both bills, speaking from personal experience as a public servant sacked by the Newman government. Welcomed provisions on employment security and five-year fixed-term contracts for chief executives.
“What I was also advised privately by senior public servants was that I was on a specific list of public servants who were targeted for dismissal for their known political affiliations.”— 2022-11-29View Hansard
▸In Detail30 Nov 2022View Hansard
Amendment to clause 12 correcting a cross-reference to ensure the definition of public sector employee correctly references subsections (1) or (2).
Amendment to clause 25 to include people with diverse sexual orientations, gender identities or intersex variations as a diversity target group alongside women, First Nations people, disabled people and CALD people.
Package of amendments (Nos 2-9) covering employment basis corrections, Electoral Commission and Human Rights Commission exclusion from public sector reviews, strategic review provisions for the Anti-Discrimination Commission and Electoral Commission, and inclusion of Gasfields Commission in schedule.
Moved an amendment to include LGBTIQ+ people as a diversity target group in the Public Sector Bill, arguing their exclusion was unjustified. The amendment was defeated.
“It is ludicrous to suggest that LGBTIQ+ people do not face discrimination in the public sector or that they are fairly treated and represented in the Public Service.”— 2022-11-30View Hansard