Contract of employment for officers other than senior executives

					                                     CONTRACT


                                                 of




                                 EMPLOYMENT


                                                for




                                      OFFICERS
                         (other than senior executives)
                     [Contract under section 122 of the Public Service Act 2008]




Crown Solicitor                                                Department of Justice and Attorney-General

State Law Building                                                            Level 25 State Law Building

50 Ann Street                                                                               50 Ann Street

BRISBANE QLD 4000                                                                  BRISBANE QLD 4000

PL1/DIR113/263/DZP
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   This contract is made between the chief executive and the officer under section 122 of the Public Service Act 2008.



                                                          PARTICULARS



   1.     Name of chief executive


   2.     Officer being employed -


             (a)   name



             (b)   business address



             (c)   residential address



             (d)   title of position



   3.     Department / Agency



   4.     Location



   5.     Hours of work


   6.     Superannuable salary
                                                   $ per annum



   7.     Additional remuneration                  $ per annum
                                                   (describe how amount will be paid, e.g. fortnightly, annually, etc)




   8.     Additional benefits
Page ... 2


   9.    Commencement date




   10.   Completion date



   11.   Expenses to be reimbursed



   12.   Address for notice for the chief
         executive



   13.   Duties and responsibilities        (list duties and responsibilities here, or alternatively use: )
                                            Refer to attached role description in relation to the position, which
                                            may be amended from time to time by the chief executive.
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                                                          PROVISIONS
   1.   Basis of Employment                                                 (c) additional benefits (if any).

        The officer accepts appointment to the position on
                                                                       (2) (a)   The superannuable salary, and any
        this contract for a fixed term from the
                                                                                 additional remuneration and additional
        commencement date until the termination date.
                                                                                 benefits will continue during any period
                                                                                 of paid leave.
   2.   Location
                                                                            (b) Where, for any reason, superannuable
        (1) The officer will be located -
                                                                                salary is not payable for a period, the
                                                                                officer is not entitled to receive any
              (a)   in the place specified in item 4 of the
                                                                                additional remuneration or additional
                    particulars; or
                                                                                benefits during that period.
              (b) where a place is not specified, at such
                                                                 4A. Increases to superannuable salary
                  place as may be determined by the chief
                                                                     (optional clause)
                  executive from time to time.
                                                                       The superannuable salary will be increased on an
   3.   Responsibilities etc
                                                                       annual basis, but the amount of any increase will
                                                                       not exceed the level specified in the directive
        The officer must -
                                                                       relating to the engagement of officers on fixed term
                                                                       contracts of employment.
        (a)   perform the duties and discharge the
              responsibilities specified in item 13 of the
                                                                 4B. Motor Vehicle (optional clause)
              particulars;
                                                                       (1) During employment under this contract and at
        (b) fulfil the obligations and meet performance
                                                                           the election of the officer, the department
            standards which are contained in the
                                                                           must provide the officer with a fully
            performance agreement;
                                                                           maintained, privately plated motor vehicle
                                                                           owned by the State, to a value and standard
        (c)   conform to such hours of work and other
                                                                           determined by the chief executive as being
              work arrangements -
                                                                           commensurate with the duties and
                                                                           responsibilities under this contract.
              (i)   specified in item 5 of the particulars; or
                                                                       (2) The motor vehicle -
              (ii) where no information is specified in
                   item 5 of the particulars, as may from
                                                                          (a)    may be used by the officer for both
                   time to time be required of the officer by
                                                                                 official and private purposes, including
                   the chief executive or the chief
                                                                                 travel to and from the place of work, and
                   executive’s delegate,
                                                                                 use out of normal business hours and
                                                                                 during periods of approved leave;
              and not be entitled to the payment of any
              overtime;                                                   (b)    forms part of the officer’s remuneration
                                                                                 package;
        (d) devote substantially the whole of the officer’s
            time and attention during the hours                           (c)    must be made available for business use
            determined in accordance with paragraph (c)                          during normal business hours;
            to performing the duties and discharging the                  (d)    must not be used for any private
            responsibilities under this contract.                                business purposes;

   4.   Remuneration and Benefits                                         (e)    may be driven by any responsible
                                                                                 licensed person; and
        (1) The officer is entitled to -                                  (f)    will be replaced in line with Government
                                                                                 policy.
              (a) the superannuable         salary,    payable
                  fortnightly in arrears;                              (3) A petrol card is issued with the motor vehicle
              (b) additional remuneration (if any); and                    and is for use exclusively in connection with
                                                                           that motor vehicle.
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   5.   Performance Agreement (optional clause)                 7.   Superannuation

        The chief executive (or the chief executive's                Where the officer is, at the commencement date –
        nominee) and the officer must enter into a
        performance agreement -                                      (a)    a member of a category of the QSuper
                                                                            Scheme, the officer must continue to
        (a)   within twenty-eight (28) days after the                       comply with the requirements of the
              commencement date or the execution of this                    QSuper Act in respect of the officer’s
              contract, whichever is the later;                             membership of the Scheme; or
                                                                     (b)    not a member of a category of the QSuper
        (b) which contains -
                                                                            Scheme, then the officer is a member of the
                                                                            comprehensive accumulation category.
              (i)   the outcomes to be achieved and the
                    indicators by which the standard of         8.   Extension of Employment
                    performance of the officer in achieving          (optional clause)
                    the outcomes will be assessed; and
                                                                     (1)   The officer may be offered re-employment
              (ii) the process for assessing the standard of               under this contract of up to an additional
                   performance.                                            term of [x] years from the completion date.
                                                                     (2)   The officer will be considered for re-
        (c)   which may be varied or renewed.
                                                                           employment under this contract if the
                                                                           officer gives a notice to the chief executive,
   5A. Performance Bonus (optional clause)
                                                                           not less than twenty-eight (28) days before
                                                                           the completion date, indicating a wish to be
        (1) The officer is entitled to performance bonuses
                                                                           re-employed.
            (if payable) in accordance with the
            performance agreement.                                   (3)   If the chief executive receives a notice
                                                                           under subclause (2), the chief executive
        (2) In addition to the matters described in clause                 must give a notice to the officer, not less
            5(b), the performance agreement must contain                   than fourteen (14) days before the
            -                                                              completion date:
                                                                            (a)    advising the officer that the officer
              (a)   the method by which the performance
                                                                                   will not be re-employed under this
                    bonus is to be calculated;
                                                                                   contract; or
              (b) how the performance bonus is to be                        (b)    offering the officer re-employment
                  paid; and                                                        under this contract for up to an
                                                                                   additional [x] years after the
              (c)   the timeframe in which the performance                         completion date, to be given effect
                    bonus is to be paid.                                           by variation of the term of this
                                                                                   contract.
        (3) For purpose of this clause -
                                                                     (4)   The officer acknowledges that if the officer
                                                                           does not give a notice under subclause (2),
              “performance bonus” means a performance
                                                                           the officer has elected not to seek re-
              bonus, whether monetary or not, payable in
                                                                           employment under this contract after the
              accordance with the performance agreement,
                                                                           completion date.
              which bonus does not form part of the
              superannuable salary.                                  (5)   The term of this contract, including any
                                                                           extension of the term, will not exceed five
   6.   Expenses                                                           (5) years.

        The officer will be reimbursed the expenses (in
        addition to those to which a public service officer
        is entitled) specified in item 11 of the particulars.
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   9.   Termination                                                             (iii) voluntary retirement by the officer
                                                                                      under the Act; or
        (1) (a)    The employment of the officer under
                                                                                (iv) resignation by the officer; or
                   this contract may be terminated before
                   the completion date by the chief                             (v) death of the officer.
                   executive by a notice given to the officer
                   not less than twenty-eight (28) days              (2) If -
                   before the termination date.
                                                                          (a) the officer has given a notice to the chief
             (b) A notice under paragraph (a) need not
                                                                              executive, not less than twenty-eight
                 give any reason for the termination of
                                                                              (28) days before the completion date,
                 the officer’s employment under this
                                                                              indicating a wish to be re-employed
                 contract.
                                                                              under this contract; and
        (2) (a)    The officer may resign employment                      (b) the chief executive subsequently advises
                   under this contract by a notice given to                   the officer that the officer will not be re-
                   the chief executive not less than                          employed under this contract, with the
                   twenty-eight (28) days before the                          result that the employment of the officer
                   termination date.                                          under this contract is terminated on the
                                                                              completion date,
             (b) A notice under paragraph (a) takes effect
                                                                          the officer must be paid on the completion
                 in accordance with its terms and without
                                                                          date, in addition to other payments and
                 needing     the    chief      executive’s
                                                                          benefits to which the officer is entitled, a
                 acceptance.
                                                                          service payment.
   10. Service and Separation Payments                               (3) If the employment of the officer is terminated
       (optional clause)                                                 under clause 9(1), the officer must be paid on
                                                                         the termination date, in addition to other
        (1) Subclauses (2) and (3) do not apply to the                   payments and benefits to which the officer is
            officer if -                                                 entitled, a service payment and a separation
                                                                         payment.
             (a)   the officer is a reversionary officer; or
                                                                 11. Payments to be Final (optional clause)
             (b) the officer is on leave from a public
                 entity of another jurisdiction and the              (1) Where the employment of the officer is
                 officer resumes duty with the public                    terminated in accordance with this contract -
                 entity following the termination of the
                 contract on the termination date; or                     (a)   the provisions of this contract as to the
                                                                                payments to be made to the officer
             (c)   before settlement of the termination of
                                                                                constitute the whole of the entitlements
                   the contract on the termination date, the
                                                                                of the officer under this contract;
                   officer is appointed to, or otherwise
                   employed by, a government entity, such
                                                                          (b) the officer must not, except where the
                   that the officer has continuity of
                                                                              officer has an express statutory right to
                   employment; or
                                                                              do so, institute any proceedings for
             (d) the officer has not given a notice under                     compensation for loss of office,
                 subclause (2)(a); or                                         injunctive relief or reinstatement;
             (e)   termination of employment occurs as a
                                                                          (c)   payments paid under clause 10 are
                   result of -
                                                                                deemed to be liquidated damages which
                   (i)   disciplinary action against       the                  each party acknowledges are a realistic
                         officer under the Act; or                              assessment of any detriment which the
                                                                                officer may suffer following a
                   (ii) retirement of the officer, by reason
                                                                                termination of this contract;
                        of mental or physical illness or
                        disability under the Act; or
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             (d) payments due by way of statutory                          W     is the number of weeks between the
                 entitlement are to be calculated, where                         termination date and the date on which
                 relevant,   by    reference    to   the                         the officer recommenced public sector
                 superannuable salary at the termination                         employment.
                 date.
                                                                           S     is the weekly superannuable salary of the
       (2) Should a termination of this contract be                              officer as at the termination date.
           determined by a court or a tribunal to be
           unlawful, any entitlement the officer may                       Z     is the separation payment which the
           have is limited to the amount of payments                             officer has received under clause 10.
           paid under clause 10 as liquidated damages,
           as if the termination had been lawful.                    (2) The officer is not entitled to a refund of a
                                                                         service payment or a separation payment
       (3) Nothing in this clause shall be deemed or                     repaid to the State under subclause (1) if the
           construed as a release in respect of any action,              officer subsequently ceases public sector
           personal injury or death of the officer, that the             employment.
           officer or anyone claiming by, through or
           under the officer, may have.                          13. Other Agreements Superseded

   12. Repayment (optional clause)                                   This contract supersedes and replaces all other
                                                                     contracts, understandings or arrangements in
       (1) Where the officer -                                       existence before to its execution.

             (a)   receives a service payment or a               14. Notice
                   separation payment under clause 10, but
                                                                     Any notice required to be given under this contract
             (b) before the completion date recommences              is effectively given if made in writing and signed
                 public sector employment,                           by the party giving such notice, and -

             the officer must, within twenty-eight (28)              (a)   in the case of the chief executive, sent to the
             days after recommencing such employment,                      address for service specified in item 12 of the
             or within such period as otherwise directed by                particulars; or
             the chief executive, repay to the State the total
             of the amounts calculated in accordance with            (b) in the case of the officer, sent to the business
             the following formulas -                                    or residential address specified in item 2 of
                                                                         the particulars; or
             (i)   Service Payment
                                                                     (c)   sent to such other address as may be notified
                   A = B - (W x S)                                         to the other party giving such notice.

             AND                                                 15. Variation

             (ii) Separation Payment                                 (1) A variation to this contract must be approved
                                                                         by the chief executive and accepted in writing
                 A = Z - (W x S)                                         by the parties before taking effect.
                           5
             where -                                                 (2) To remove any doubt, where this contract
                                                                         provides for a determination to be made by a
             A     in respect of each formula, is the amount             person, a fresh determination made by that
                   to be repaid. For service payment,                    person is not a variation to this contract.
                   where the formula produces a negative
                   result, then A equals zero.                   16. Governing Law

             B     is the service payment which the officer          This contract is governed by, construed and
                   has received under clause 10.                     interpreted in accordance with the laws of
                                                                     Queensland and the parties submit to the
                                                                     jurisdiction of the courts of that State.
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   17. Interpretation

       (1) The dictionary in the schedule defines the
           terms used in this contract.

       (2) Unless otherwise defined in this contract,
           terms used have the same meaning as in the
           Act.

       (3) Clause headings are not to be used as an
           interpretation aid.

       (4) A reference to a clause, the schedule or the
           particulars is a reference to a clause, the
           schedule or the particulars of this contract.

       (5) A reference to a subclause, paragraph or
           subparagraph is a reference to a subclause,
           paragraph or subparagraph of the clause of
           this contract in which the reference is made.

       (6) A reference to the Act or any other Act,
           includes that Act as amended from time to
           time or any Act which replaces that Act, and
           any statutory instrument made under that Act.

       (7) A reference to a number of days, weeks or
           months is a reference to that number of
           calendar days, calendar weeks or calendar
           months, unless otherwise stated.

       (8) Words in the singular include the plural and
           words in the plural include the singular.
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                                                     SCHEDULE
                                                     DICTIONARY

   Act                   means the Public Service Act
                         2008;                                                     (i) which is capable of
                                                                                       being recognised for
   additional benefits   means a remuneration benefit or                               the      purpose   of
                         other benefit, as agreed and                                  calculating        an
                         specified in item 8 of the                                    entitlement to long
                         particulars;                                                  service leave under a
                                                                                       ruling; or
   additional
   remuneration          means the amount specified in                             (ii) which would, other
                         item 7 of the particulars;                                     than for the fact that
                                                                                        the officer has taken
   commencement                                                                         long service leave or
   date                  means the date specified in item 9                             had an entitlement to
                         of the particulars;                                            long service leave paid
                                                                                        as a cash equivalent,
   completion date       means the date specified in item                               be capable of being
                         10 of the particulars;                                         recognised for the
                                                                                        purpose of calculating
   comprehensive                                                                        an entitlement to long
   accumulation                                                                         service leave under a
   category               means the category of that                                    ruling;
                          name under Chapter 3 of the
                          QSuper Deed;                                      (2) does not include a period of
                                                                                employment      which      has
   continuous service                                                           already been used as the basis
   as a public                                                                  for calculating a payment
   service officer -     (1) means -                                            received by the officer for an
                                                                                entitlement of the same or
                            (a) the period of employment                        similar nature to a service
                                from the commencement                           payment;
                                date until the termination
                                date, less any period of      department    means the department or agency
                                leave without salary which                  specified in item 3 of the
                                cannot be credited for                      particulars;
                                service under a ruling;
                                                              party         means a party to this contract;
                            (b) a period of service by the
                                officer (unbroken by          performance
                                resignation, termination,     agreement     means the written agreement
                                retirement or redundancy)                   entered into under clause 5, or
                                as a public service officer                 where    varied,   the   varied
                                on contract or on tenure,                   agreement;
                                which continues up to
                                immediately before the
                                commencement date, less
                                any period of leave
                                without salary which
                                cannot be credited for
                                service under a ruling;

                            (c) any period of employment
                                of the officer before the
                                commencement date -
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   public entity of                                         reversionary
   another jurisdiction means -                             officer            means a public service officer
                                                                               employed on a contract for a
                        (i)    a department or part of a
                                                                               fixed term who, following the
                               department     of     the
                                                                               termination date, is eligible to
                               government     of     the
                                                                               become a public service officer
                               Commonwealth or of a
                                                                               employed on tenure under the
                               State or Territory other
                                                                               Act;
                               than Queensland; or
                        (ii)   an entity established by,    separation
                               or under the authorisation   payment            means a payment equal to twenty
                               of, the Commonwealth or                         percent      (20%)       of    the
                               a State or Territory other                      superannuable salary that would
                               than Queensland, whether                        have been paid to the officer
                               under legislation or not,                       from the termination date to the
                               for a public purpose;                           completion date,         had the
                                                                               employment of the officer not
   public sector                                                               been terminated, calculated at the
   employment          means    employment for a                               rate of the superannuable salary
                       cumulative period of more than                          at the termination date;
                       twenty (20) working days in a
                       government entity and includes -     service payment    means a payment equal to two (2)
                                                                               weeks’ superannuable salary for
                       (a) casual, part-time or full-time                      each year of continuous service
                           employment; and                                     as a public service officer, or a
                                                                               proportionate amount for a lesser
                       (b) engagement as a contractor                          period, with a maximum of fifty-
                           where the contract is wholly                        two (52) weeks’ superannuable
                           or principally for the labour                       salary, calculated at the rate of
                           of the officer, except where                        the superannuable salary at the
                           the officer does not have any                       termination date;
                           financial interest in the
                           company, partnership or          statutory
                           similar entity engaged to        instrument         has the same meaning as in the
                           provide the service;                                Statutory Instruments Act 1992;

   QSuper Act          means the Superannuation (State      superannuable
                       Public Sector) Act 1990;             salary             means the amount specified in
                                                                               item 6 of the particulars or,
   QSuper Deed         means the Superannuation (State                         where that amount is varied by
                       Public Sector) Deed 1990 under                          clause 4A, the varied amount;
                       the QSuper Act;
                                                            State              means State of Queensland;
   QSuper Scheme       means the State Public Sector
                       Superannuation Scheme under          termination date   means the completion date or the
                       the QSuper Act;                                         date on and from which the
                                                                               employment of the officer under
                                                                               this contract is terminated.
The parties have executed this contract of employment as follows:


Signed by the chief executive

specified in item 1 of the particulars




(signature of chief executive)

on the                   day of             20__

in the presence of




(signature of witness)




(full name of witness - print)


AND


Signed by the officer




(signature of officer)

on the                   day of             20__

in the presence of




(signature of witness)




(full name of witness - print)

				
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