Public Employment (Consequential and Transitional) Amendment Act 1999
Act No. 146 of 1999 as amended
This compilation was prepared on 27 July 2004
[This Act was amended by Acts No. 189 of 1997 (as am. by No. 145 of 1999), No. 121 of 2000, No. 63 of 2002 and No. 115 of 2004]
Amendment from Act No. 189 of 1997
[Schedule 1 (item 10) repealed section 12
Schedule 1 (item 10) commenced on 5 December 1999]
(Note: heading to Schedule 1 (item 10) was amended by No. 145 of 1999)
Amendment from Act No. 121 of 2000
[Schedule 2 (item 8) repealed and substituted item 277 of Schedule 1
Schedule 2 (item 8) commenced on 11 November 1999]
Amendments from Act No. 63 of 2002
[Schedule 2 (item 17) amended Heading to Item 95 of Schedule 1
Schedule 2 (item 18) amended Item 98 of Schedule 1
Schedule 2 (item 19) amended Item 99 of Schedule 1
Schedule 2 (item 20) repealed Heading before item 339 of Schedule 1
Schedule 2 (item 21) added Heading before item 339 of Schedule 1
Schedule 2 (item 22) amended Heading to item 339 of Schedule 1
Schedule 2 (item 23) repealed Items 472 to 478 of Schedule 1
Schedule 2 (item 24) amended Heading to item 552 of Schedule 1
Schedule 2 (item 25) repealed Item 597 of Schedule 1
Schedule 2 (item 26) repealed Item 602 of Schedule 1
Schedule 2 (item 27) amended Item 838 of Schedule 1
Schedule 2 (item 28) amended Item 839 of Schedule 1
Schedule 2 (item 29) amended Heading to item 935 of Schedule 1
Schedule 2 (items 17‑29) commenced on 5 December 1999]
Amendments from Act No. 115 of 2004
[Schedule 1 (items 104 and 105) amended Items 764 and 765 of Schedule 1
Schedule 1 (items 104 and 105) commenced on 5 December 1999]
Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra
Contents
Part 1—Preliminary
1 Short title...................................
2 Commencement...............................
Part 2—Repeals and amendments
3 Schedule(s)..................................
Part 3—Transitional provisions
4 Interpretation.................................
5 Conversion of officers, employees etc...................
6 Rights under Part IV of the old Act—first tier..............
7 Rights under Part IV of the old Act—second tier............
8 Retirement and redeployment of Secretaries...............
9 Determinations under section 82D of the old Act............
10 Misconduct..................................
11 Secretaries of core Departments......................
13 References in statutory instruments to “officer” etc...........
14 Regulations..................................
Schedule 1—Repeals and amendments
Aboriginal and Torres Strait Islander Commission Act 1989
Aboriginal and Torres Strait Islander Heritage Protection Act 1984
Aboriginal and Torres Strait Islander Heritage Protection Act 1999
Aboriginal Councils and Associations Act 1976
Aboriginal Land Rights (Northern Territory) Act 1976
ACIS Administration Act 1999
Acts Interpretation Act 1901
Administrative Appeals Tribunal Act 1975
Administrative Arrangements Act 1987
Administrative Decisions (Judicial Review) Act 1977
Affirmative Action (Equal Employment Opportunity for Women) Act 1986
Aged Care Act 1997
Aged Care Income Testing Act 1997
Agricultural…
Overview
The Public Employment (Consequential and Transitional) Amendment Act 1999 was enacted to address the legal and administrative gaps that arose from the repeal of the Public Service Act 1922 and the introduction of the Public Service Act 1999. The Act was passed by the Parliament of Australia and aims to ensure a smooth transition from the old Act to the new one, addressing issues such as the conversion of officers and employees, the continuation of rights and entitlements, and the handling of misconduct and disciplinary matters. It provides for the conversion of various roles within the public service, including Secretaries, SES officers, non-SES officers, and employees, ensuring that their status and entitlements are appropriately reflected under the new Act. The Act also allows for the continuation of certain processes and determinations that were in place under the old Act, with necessary modifications to reflect the changes brought about by the new legislation. Furthermore, it grants Agency Heads the authority to impose sanctions for pre-commencement misconduct and enables the review of decisions made under the old Act. The Act empowers the Governor-General to make regulations for matters consequential to the repeal and replacement of the old Act, thereby facilitating the transition and ensuring that existing obligations and entitlements are maintained.
Scope and Application
The Public Employment (Consequential and Transitional) Amendment Act 1999 is a Commonwealth Act that addresses the consequential and transitional provisions arising from the repeal of the Public Service Act 1922 and the enactment of the Public Service Act 1999. This Act applies to the officers, employees, and other personnel who were under the jurisdiction of the old Public Service Act 1922 at the time of its repeal. It ensures that the roles, rights, and obligations of these individuals are appropriately transitioned to the new Public Service Act 1999. The Act also amends or repeals provisions in various other Acts to reflect the changes brought about by the new Public Service Act, including the replacement of terms such as "officer" and "employee" with "APS employee" and updating definitions and references accordingly. The Public Employment (Consequential and Transitional) Amendment Act 1999 itself is subject to amendments through subordinate instruments, which may provide for matters necessary or convenient for carrying out or giving effect to this Act, including transitional arrangements and the continuation of certain processes and functions under the old Act. These regulations can also make amendments to other Acts, necessary due to the repeal of the old Act and its replacement by the new Act.
Key Provisions
- The Public Employment (Consequential and Transitional) Amendment Act 1999 primarily serves to address the transition from the repealed Public Service Act 1922 to the newly enacted Public Service Act 1999, by amending existing legislation and repealing outdated provisions. Section 3 of the Act outlines the amendments and repeals specified in Schedule 1, which affect a wide array of Acts and statutory instruments, altering references from "officers" and "employees" of the Australian Public Service under the old Act to "persons appointed or engaged under the Public Service Act 1999." This includes defining terms such as "agency," "Secretary," "officer," and "employee" in relation to the new Act. Additionally, Section 5 details the conversion of various positions, including fixed-term Secretaries, Public Service Commissioners, and SES officers, into corresponding roles under the new Act. Section 6 stipulates that first-tier persons are considered absent from duty on leave without pay during the transitional period, with specific provisions for their leave credits and resignation. Section 7 ensures second-tier persons are entitled to be engaged as APS employees within prescribed time limits. Section 8 allows the continuation of Division 8A of Part III of the old Act for unattached Secretaries, subject to regulatory modifications. Section 9 provides that Agency Heads may impose sanctions for pre-commencement misconduct, while Section 10 amends the titles of Secretaries in core Departments.
- The Act imposes obligations on various parties, including the requirement for fixed-term Secretaries, Public Service Commissioners, and Merit Protection Commissioners to transition into their corresponding roles under the new Act at the commencing time. It also mandates that non-SES officers and term employees become non-SES employees in their respective Agencies with corresponding classifications. The Act further stipulates that first-tier persons are considered absent from duty as APS employees during the transitional period and must notify the Agency Head if they intend to resume duties. It also requires that second-tier persons be engaged as APS employees within the time limits prescribed by regulations. Section 11 ensures that the names of Secretaries in core Departments are updated to reflect their new titles, while Section 13 amends statutory instruments to redefine references to "officer" and "employee" to align with the new Act. Furthermore, Section 14 empowers the Governor-General to make regulations for the continuation of certain processes and for other transitional or saving matters arising from the repeal of the old Act and the transition to the new Act.
- The Act also outlines the consequences for non-compliance. While the Act does not explicitly detail penalties for breaches of its provisions, the repealed Public Service Act 1922 provided for various sanctions, including disciplinary actions and financial penalties, which could be applicable by analogy under the new Act. These sanctions could range from fines to dismissal, depending on the severity of the misconduct or breach. Additionally, regulations made under Section 14 may include provisions for penalties or sanctions related to the transitional or saving matters they address, which would apply to any non-compliance with those regulations.
- Area of Law
- Corporate Law & Governance
- Instrument
- Act
- Concepts
- Commencement Provisions
- Repeal & Amendment
- Transitional Provisions
- Reporting & Disclosure Obligations
- Enforcement Powers
- Compliance Obligations
- Regulatory Standards
