Public Sector Management Act 1994 (ACT)
Public Sector Management Act 1994
A1994-37
Republication No 54
Effective: 26 September 2024
Republication date: 26 September 2024
Last amendment made by A2024‑48
(republication for amendments by A2024‑47)
About this republication
The republished law
This is a republication of the Public Sector Management Act 1994 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 26 September 2024. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 26 September 2024.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Public Sector Management Act 1994
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Dictionary 2
2A Notes 2
4Offences against Act—application of Criminal Code etc 3
5 Objects of Act 3
Part 2 Administration of the public service
Division 2.1 Public sector standards
6 Meaning of public service job—div 2.1 4
7 Meaning of public sector values 4
8 Meaning of public sector principles 5
9 Public sector conduct 5
Division 2.2 ACT Public Service
12 ACT Public Service 8
Division 2.3 Administrative arrangements
13 Administrative units 8
14 Ministerial responsibility and functions of administrative units 9
15 Machinery of government changes—officers 10
16 Machinery of government changes—employees 11
Part 3 The public service
Division 3.1 Members of the service
17 Head of service functions 13
18 Delegation by head of service 14
19 Directors-general functions 15
20 Delegation by director-general 17
21 Exercise of certain director-general functions by head of Access Canberra 18
22 Executive functions 19
23 Establishment of offices 20
24 Officers 20
25 Employees 21
Division 3.2 Management of the service
26 Management strategies for the service 22
27 Application of the merit and equity principle 22
28 Establishment of joint council 24
29 Notification of certain employment matters 25
Part 4 Engagement of senior executive service
30 Definitions—pt 4 26
31 Engagement of SES member 26
32 Record about SES member 27
33 Change to SES member’s SETs 27
34 Circumstances when SETs must be changed 28
35 Circumstances when SETs may be changed 28
36 SETs changed by change in administrative arrangements 29
37 Suspension of SES member 29
38 End of SES member’s engagement 29
39 SES member may resign 30
40 End of engagement by resignation—abandonment of engagement by SES member 30
41 Loss of eligibility 31
42 Invalidity retirement 31
Part 5 Employment of officers and employees
Division 5.1 Preliminary
63 Definitions—pt 5 33
Division 5.2 Change to office
65 Reclassification of office 33
65A Reclassification of office—returning LAMS officer 34
66 Part-time office 35
Division 5.3 Appointment of officers
68 Appointment to vacant office 36
69 Record about officers 37
70 Appointment on probation 37
71 Appointment on probation—prescribed training office 39
71A Appointment on probation—teachers 40
71B Extension of period of probation 41
71C Appointment without probation 43
Division 5.5 Promotion of officers
83 Promotion to vacant office 43
84 Promotion appeal 44
85 Promotion appeal by excess officer 44
86 Review of certain promotion decisions 45
87 Promotion on advice of joint selection committee 46
88 How promotions take effect 47
89 Death of officer before appeal or review decided 48
90 Cancellation of promotion 48
Division 5.6 Transfer of officers
92 Transfer to vacant office 49
93 Simultaneous transfer within administrative unit 49
94 Transfer between administrative units 50
96B Transfer on advice of joint selection committee 50
96C How transfer takes effect 51
96D Cancellation of transfer 51
100 Temporary transfer 51
101 Notification of certain temporary transfers to higher office 52
102 Appeal against temporary transfer to higher office 53
103 Lapsing or discontinuing of appeal 53
104 Temporary transfer if appeal successful 54
Division 5.7 Other movement within the service
105 Promotion or transfer after passing examination 55
106 Training offices 55
107 Promotion or transfer to training office 57
108 Movement within administrative unit 57
109 Movement between administrative units 58
Division 5.8 Temporary employment
110 Fixed term temporary employment 59
111 Casual temporary employment 61
112 Work performed after end of temporary employment 61
113 Record about employees 61
Division 5.9 Unattached officers
114 Becoming unattached officer 62
115 Becoming unattached officer on medical grounds 63
116 Appointment as unattached officer 63
117 Reappointment as unattached officer 63
Division 5.10 Secondment
118 Secondment to the service 64
119 Secondment of public servant to another employer 65
Part 6 Redeployment, underperformance and end of employment of officers
120 Definitions—pt 6 66
121 Retirement 66
122 Redeployment 66
123 Reduction in classification or retirement 67
124 Limitation on retirement on ground of invalidity 69
124A End of employment if visa no longer held 70
125 Underperformance 70
126 End of employment for misconduct 71
127 Forfeiture of office 71
Part 7 Re-entry to the service
Division 7.1 Preliminary
128 Definitions—pt 7 73
Division 7.2 Former SES member
129 Limitation on re-engagement of SES member 74
130 Re-engagement of SES member after abandonment of employment 75
131 Re-engagement of SES member if unsuccessful election candidate 75
132 Re-engagement of SES member after quashing etc of conviction 76
Division 7.3 Former officers
133 Reappointment of former excess officer 77
134 No engagement or employment of certain former excess officers in certain circumstances 77
135 Reappointment of officer after forfeiture of office 78
136 Reappointment of officer if unsuccessful election candidate 79
137 Reappointment of officer after quashing etc of conviction 79
138 No reappointment of former officer in certain circumstances 80
Division 7.4 Former employee
139 Re-employment of employee if unsuccessful election candidate 81
140 Re-employment of employee after quashing etc of conviction 82
141 Re-employment after maternity leave 83
Part 8 The public sector
Division 8.1 Public Sector Standards Commissioner
142 Appointment of commissioner 84
143 Arrangements for commissioner from another jurisdiction to exercise functions 85
143A Independence of commissioner 85
144 Functions of commissioner 85
145 Leave of absence for commissioner 86
146 Suspension and removal of commissioner 87
147 Ending commissioner’s appointment without suspension 88
148 Arrangements for staff and facilities 88
149 Delegation by commissioner 88
149A Independence of public employees exercising commissioner functions 89
Division 8.2 Public sector members
150 Meaning of public sector member etc 90
151 Public sector standards for public sector member etc 91
152 Certain office-holders have management powers 91
153 Application of whole-of-government strategies 94
154 Alleged misconduct by statutory office-holder etc 94
155 Alleged mismanagement of public sector employer’s staff etc 95
156 Prescribed public sector member 96
Part 9 Review and appeal
223 Definitions—pt 9 97
224 Reviewable decision—notice and review 97
225 Appellable decision—notice and appeal 97
Part 10 Miscellaneous
241 Payment on leaving the service 98
242 Authorisation to share protected information 98
242A Authorisation to share certain personal information with relevant union 99
243 Protection of people in relation to work reports on officers or employees 101
244 Work outside the service 101
245 Additional payment 102
246 Repaying overpayment 102
247 Impersonation etc at examinations 103
249 Imprisonment 103
250 Attachment of salary of officers and employees 104
250A Deduction of monetary penalty 105
251 Management standards 105
252 Regulation-making power 107
Schedule 1 Reviewable decisions 108
Schedule 2 Appellable decisions 109
Dictionary110
Endnotes
1 About the endnotes 119
2 Abbreviation key 119
3 Legislation history 120
4 Amendment history 129
5 Earlier republications 173
6 Expired transitional or validating provisions 177
Public Sector Management Act 1994
An Act to regulate the administration of the public sector of the Territory, and for related purposes
Part 1Preliminary
Name of Act
This Act is the Public Sector Management Act 1994.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
For example, the signpost definition ‘appellable decision, for part 9 (Review and appeal)—see section 223.’ means that the term ‘appellable decision’ is defined in that section for part 9.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
2ANotes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act s 127 (1), (4) and (5) for the legal status of notes.
Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Objects of Act
The main objects of this Act are to—
(a)establish and maintain an apolitical public sector with clear values, clear standards of conduct and a best practice focus; and
(b)establish and maintain a public service that assists the Executive to meet the needs of the community and serves the community on behalf of the Executive; and
(c)promote and uphold the public sector values, standards of conduct and best practice focus.
Part 2Administration of the public service
Division 2.1 Public sector standards
NoteThis division sets out values, principles and conduct requirements that apply to a public servant. This division also applies to a public sector member (see s 151).
Meaning of public service job—div 2.1
In this division:
job, of a public servant, means the functions the public servant is required to exercise because of the public servant’s employment in the service.
Meaning of public sector values
(1)The public sector values are—
(a)respect; and
(b)integrity; and
(c)collaboration; and
(d)innovation.
(2)The public sector values must be—
(a)demonstrated by a public servant when acting in connection with the public servant’s job; and
(b)applied in a way that is appropriate to the public servant’s job; and
(c)used to inform and evaluate the operation of the service.
Meaning of public sector principles
(1)The public sector principles are—
(a)the best practice principle; and
(b)the merit and equity principle.
(2)A public servant must do the public servant’s job in accordance with the best practice principle.
(3)The head of service must exercise a function under this Act in accordance with the merit and equity principle.
(4)In this section:
best practice principle—a public servant does the public servant’s job in accordance with the best practice principle if the public servant—
(a)works efficiently, effectively and constructively; and
(b)is responsive, collaborative and accountable; and
(c)makes fair and reasonable decisions.
merit and equity principle—the head of service exercises a function under this Act in accordance with the merit and equity principle if the head of service—
(a)is an equitable employer; and
(b)employs a person in a job who is best able to do the job in all the circumstances.
Public sector conduct
(1)A public servant must—
(a)take all reasonable steps to avoid a conflict of interest; and
(b)declare or manage a conflict of interest that cannot reasonably be avoided; and
(c)when acting in connection with the public servant’s job—
(i)comply with laws applying in the Territory; and
(ii)comply with any lawful and reasonable direction given by a person with the authority to give the direction; and
(iii)if dealing with a member of the public—make all reasonable efforts to help the person to understand the person’s entitlements, and any requirement the person is obliged to meet, under a territory law; and
(iv)treat all people with courtesy and sensitivity to their rights and aspirations; and
(d)do the public servant’s job with reasonable care and diligence, impartiality and honesty.
(2)A public servant must not—
(a)behave in a way that—
(i)is inconsistent with the public sector values; or
(ii)undermines the integrity and reputation of the service; or
(b)take improper advantage of the public servant’s job or information gained through the public servant’s job; or
(c)improperly use a Territory resource, including information, accessed through the public servant’s job; or
(d)without lawful authority—
(i)disclose confidential information gained through the public servant’s job; or
NoteThe Crimes Act 1900, s 153 (1) makes it an offence for a public servant to disclose information that it is the public servant’s duty not to disclose.
(ii)make a comment that reasonably appears to be an official comment; or
(e)when acting in connection with the public servant’s job—bully, harass or intimidate anyone; or
(f)when doing the public servant’s job—apply improper influence, favouritism or patronage.
(3)For a misconduct procedure, failing to act in a way that is consistent with subsection (1) or (2) may be misconduct.
NoteA misconduct procedure means a procedure set out in an industrial instrument or prescribed by regulation (see dict, def misconduct procedure).
(4)A public servant (a discloser) must tell the following person about any maladministration or corrupt or fraudulent conduct by a public servant or a public sector member of which the discloser becomes aware:
(a)the head of service;
(b)if the alleged maladministration or corrupt or fraudulent conduct is by the head of service—
(i)the director-general of the administrative unit in which the public servant is employed; or
(ii)if the head of service is the director-general of the administrative unit in which the public servant is employed—another director-general.
(5)This section does not—
(a)affect the operation of any other Act; or
(b)create or affect any other legal right.
Division 2.2 ACT Public Service
ACT Public Service
(1)The ACT Public Service is established.
NoteEstablish includes constitute and continue in existence (see Legislation Act, dict, pt 1).
(2)The ACT Public Service is made up of the administrative units established under section 13.
(3)The members of the ACT Public Service are—
(a)the following (the senior executive service):
(i)the head of service;
(ii)directors-general;
(iii)executives; and
(b)officers; and
(c)employees.
(4)The Territory is the employer of all members of the service.
Division 2.3 Administrative arrangements
Administrative units
(1)The Chief Minister may establish administrative units.
(2)An administrative unit is made up of the offices within the administrative unit.
(3)An instrument under subsection (1) is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Ministerial responsibility and functions of administrative units
(1)For the Australian Capital Territory (Self-Government) Act 1988 (Cwlth), section 43 (1), the Chief Minister may make a determination allocating responsibility to a Minister in relation to the following matters:
(a)governing the Territory in relation to a stated matter;
(b)an Act;
(c)the Executive’s powers under a Commonwealth law;
(d)prerogatives of the Crown for the matters mentioned in paragraphs (a) to (c).
(2)The Chief Minister must determine which administrative unit is responsible for a matter mentioned in subsection (1).
(3)For the Australian Capital Territory (Self-Government) Act 1988 (Cwlth), section 43 (2), any Minister is authorised to act on the Chief Minister’s behalf or on behalf of another Minister.
(4)Subsection (3) is subject to the Legislation Act, section 41 (Making of certain statutory instruments by Executive) and section 253 (Exercise of functions of Executive).
(5)A determination is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Machinery of government changes—officers
(1)If an administrative unit is abolished, the head of service may, in writing, transfer an office in the administrative unit to another administrative unit.
(2)If, because of administrative arrangements approved by the Chief Minister, a matter that immediately before those arrangements took effect was the responsibility of an administrative unit (the losing area) becomes the responsibility of another administrative unit (the gaining area), the head of service may, in writing, transfer an office in the losing area to the gaining area where the holder of the office is required to perform duties that—
(a)relate wholly or mainly to that matter; or
(b)are certified by the Chief Minister to be ancillary to, or attributable to, that matter.
(3)The transfer of an office under subsection (1) or (2) does not affect the identity of that office or anything done in relation to the office before the transfer.
(4)Without limiting the operation of subsection (3)—
(a)if immediately before its transfer, an office was occupied by a person—the office continues to be occupied by the person; and
(b)if immediately before its transfer, an office was a part-time office—the office continues to be a part-time office.
(5)If an office is transferred to another administrative unit, an officer who is appointed to the office is taken to have been transferred to that administrative unit.
(6)If a vacant office is transferred, and a selection process for the office is incomplete, the head of service—
(a)if a person has been told, in writing, that the person is selected for the office—must complete the selection process; and
(b)in any other circumstance—may complete the selection process.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including a management standard (see Legislation Act, s 104).
(7)An instrument under subsection (1) that is expressed to transfer an office on the abolition of an administrative unit may be made before the abolition takes effect.
Machinery of government changes—employees
(1)If—
(a)an administrative unit is abolished; or
(b)because of administrative arrangements approved by the Chief Minister, a matter that was the responsibility of an administrative unit (the losing area) immediately before those arrangements took effect becomes the responsibility of another administrative unit (the gaining area);
subsection (2) has effect.
(2)The head of service may direct in writing that—
(a)if subsection (1) (a) applies—an employee who was employed in the administrative unit immediately before the abolition is to be employed in another administrative unit; or
(b)if subsection (1) (b) applies—an employee who was employed in the losing area immediately before the arrangements took effect is to be employed in the gaining area;
and, if such a direction is given, an employee is taken as from that time to be employed as so directed, in the same capacity and subject to the same conditions as were applicable immediately before that time.
(3)Without limiting subsection (2), that subsection does not extend the term of employment of a person beyond the time when it would have ended if the employment had not been affected by a direction under that subsection.
(4)An instrument made for subsection (2) may be made before the abolition takes effect.
Part 3The public service
Division 3.1 Members of the service
Head of service functions
(1)The head of service—
(a)is responsible for the leadership and management of the service; and
(b)is answerable to the Chief Minister.
NoteThe head of service is engaged by the Chief Minister under section 31 (1).
(2)The head of service has the following leadership functions:
(a)to develop, oversee the implementation of, coordinate and provide advice and reports to the Chief Minister about whole‑of‑government strategies;
(b)to provide direction across the service in relation to critical or potentially critical issues;
(c)to promote cooperation and collegiality within and between administrative units;
(d)to promote and uphold in the service the public sector values, the public sector principles and the conduct required of a public servant, including by personal example;
(e)any other function given to the head of service by the Chief Minister.
Note 1Function includes authority, duty and power (see Legislation Act, dict, pt 1).
Note 2A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).
(3)The head of service has the following management functions:
(a)to engage, appoint and employ people on behalf of the Territory in accordance with the merit and equity principle;
(b)to organise public servants in the service;
NoteSubsection (4) sets out requirements for the organisation of the service.
(c)to provide advice and reports to the Chief Minister about employment in the service;
(d)any other function given to the head of service by the Chief Minister.
(4)For subsection (3) (b), the organisation of the service must—
(a)give effect to the administrative arrangements; and
(b)enable efficient and effective management of the service; and
(c)promote the administration of the service in a way that is consistent with the public sector values, the public sector principles and the conduct required of a public servant.
(5)The head of service may declare that a day will be a holiday for all or part of the service.
(6)A declaration is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Delegation by head of service
(1)The head of service may—
(a)delegate to a public employee or another person a function given to the head of service under this Act or any other law applying in the ACT; or
(b)subdelegate to a public employee or another person a function delegated to the head of service under this Act or any other law applying in the ACT.
Note 1For the making of delegations and the exercise of a delegated function, see the Legislation Act, pt 19.4.
Note 2Public employee means a public servant, a person employed by a territory instrumentality or a statutory office-holder or a person employed by a statutory office-holder (see Legislation Act, dict, pt 1).
(2)However, the head of service must not delegate or subdelegate a function to a person who is not a public employee without first being satisfied that the function needs to be exercised by a person who is not a public employee.
Directors-general functions
(1)A director-general is—
(a)responsible for leadership of an administrative unit and leadership in the service; and
(b)answerable to the Minister responsible for the administrative unit and to the head of service.
NoteA director-general is engaged by the head of service under section 31 (2).
(2)A director-general has the following functions in relation to the director-general’s administrative unit:
(a)to provide advice and reports to the Minister responsible for the administrative unit and the head of service on matters relating to the administrative unit;
(b)to manage the business of the administrative unit;
(c)any other function given to the director-general—
(i)by the Minister responsible for the administrative unit; or
(ii)by the head of service; or
(iii)under this Act or another territory law;
(d)to exercise a function mentioned in paragraphs (a) to (c) taking into account the responsibilities of the government as a whole, including by collaborating with other directors-general.
Note 1Function includes authority, duty and power (see Legislation Act, dict, pt 1).
Note 2A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).
(3)A director-general has the following leadership functions:
(a)to provide advice to the head of service about the development and coordination of whole-of-government strategies;
(b)to lead the implementation of whole-of-government strategies;
(c)to implement, at the direction of the head of service—
(i)strategies for the administration of the service; and
(ii)responses to critical or potentially critical issues;
(d)to work efficiently, effectively and constructively with other directors-general to ensure a whole-of-government focus and promote cooperation and collegiality within and between administrative units;
(e)to promote and uphold in the service the public sector values, the public sector principles and the conduct required of a public servant, including by personal example;
(f)any other function given to the director-general by—
(i)the Minister responsible for the administrative unit; or
(ii)the head of service.
Delegation by director-general
(1)A director-general may—
(a)delegate to a public employee or another person a function given to the director-general under this Act or any other law applying in the ACT; or
(b)subdelegate to a public employee or another person a function delegated to the director-general under this Act or any other law applying in the ACT.
Note 1For the making of delegations and the exercise of a delegated function, see the Legislation Act, pt 19.4.
Note 2Public employee means a public servant, a person employed by a territory instrumentality or a statutory office-holder or a person employed by a statutory office-holder (see Legislation Act, dict, pt 1).
(2)However, a director-general must not delegate or subdelegate a function to a person who is not a public employee without first being satisfied that the function needs to be exercised by a person who is not a public employee.
Exercise of certain director-general functions by head of Access Canberra
(1)The responsible Minister may declare that a function given to a director-general under a territory law dealing with a relevant matter may be exercised by the head of Access Canberra (a declared function).
Note1 Function includes authority, duty and power (see Legislation Act, dict, pt 1).
Note 2A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).
(2)A declaration is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
(3)The head of Access Canberra may exercise a declared function.
(4)The head of Access Canberra may delegate a declared function to a public servant or another person.
NoteFor the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
(5)However, the head of Access Canberra may only delegate a declared function to the extent permitted by other territory laws.
Example—extent permitted
A declaration is made in relation to a function given to the director-general under the XYZ Act. That Act states that the director-general may only delegate the function to an employee. The head of Access Canberra may also only delegate the function to an employee.
(6)Nothing in this section limits the exercise of a declared function by the director-general given the function.
(7)Anything done in the exercise of a declared function is not invalid only because of a defect or irregularity in, or in relation to, a declaration.
(8)In this section:
Access Canberra means the business unit known as Access Canberra.
head, of Access Canberra, means the person occupying the position (however described) of head of Access Canberra.
relevant matter means a matter mentioned in an administrative arrangement—
(a)responsibility for which is allocated to the responsible Minister; and
(b)relating to Access Canberra.
responsible Minister means the Minister responsible for Access Canberra.
Executive functions
(1)An executive—
(a)is responsible for leadership in the service; and
(b)is answerable to the head of service and the director-general for the administrative unit in which the executive is employed.
NoteAn executive is engaged by the head of service under section 31 (2).
(2)An executive has the following leadership functions:
(a)to advance whole-of-government strategies as part of the senior executive service;
(b)to promote and demonstrate cooperation and collegiality within and between administrative units;
(c)to promote and uphold in the service the public sector values, the public sector principles and the conduct required of a public servant, including by personal example;
(d)any other function given to the executive by—
(i)the head of service; or
(ii)the director-general for the administrative unit in which the executive is employed.
Note 1Function includes authority, duty and power (see Legislation Act, dict, pt 1).
Note 2A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).
Establishment of offices
(1)The head of service may, in writing, establish an office in an administrative unit.
NoteThe power to make an instrument includes the power to amend or repeal the instrument. The power to amend or repeal the instrument is exercisable in the same way, and subject to the same conditions, as the power to make the instrument (see Legislation Act, s 46).
(2)The instrument establishing the office must state the classification of the office and whether the office is a full-time or part-time office.
(3)The comparative level of classifications is determined by the maximum salary payable to a classification.
Example
The top of the salary range for the classification Butcher 2 is $70 000. The top of the salary range for the classification Baker 3 is $78 000. The salary of the classification Candlestick Maker 4 (which has no salary range) is also $78 000. Baker 3 and Candlestick Maker 4 are equal classifications. Butcher 2 is a lower classification than Baker 3 or Candlestick Maker 4.
Officers
(1)An officer is appointed to an office on a permanent basis.
NoteSee pt 5 for provisions about the employment of officers.
(2)An officer is taken to have the classification of the office that the officer occupies.
Employees
(1)An employee is employed to exercise the functions of an office on a temporary basis.
NoteSee div 5.8 for provisions about employees.
(2)The head of service may only employ a person as an employee if satisfied that—
(a)there is no officer with the classification of the office available in the service with the expertise, skills or qualifications required for the functions to be exercised; or
NoteAn officer is taken to have the classification of the office that the officer occupies (see s 24).
(b)assistance of a temporary nature is required and, because of urgency or the specialised nature of the functions, it is not practical in the circumstances to use an existing officer to do the work; or
(c)the employment is consistent with a management strategy to—
(i)ensure the Territory is an equitable employer; or
(ii)eliminate disadvantage in relation to public service employment.
NoteThe head of service must exercise a function in relation to the engagement of an employee in accordance with the merit and equity principle (see s 8 (3)).
Division 3.2 Management of the service
Management strategies for the service
(1)The head of service must develop, oversee the implementation of and coordinate each of the following management strategies:
(a)a strategy to ensure the Territory is an equitable employer;
(b)a strategy to eliminate disadvantage in relation to public service employment;
(c)a strategy to ensure appropriate participation by a public servant in decisions about the management of the public servant and the public servant’s workplace;
(d)a strategy to ensure the service gives members of the community fair and timely access to resources, managed by the Executive, to which they are entitled.
(2)For the development of each management strategy, the head of service—
(a)must consult the joint council; and
(b)may consult other entities that have an interest in the strategy; and
(c)must give a copy of the strategy to the Chief Minister.
Application of the merit and equity principle
(1)This section applies in relation to selecting—
(a)a person to be engaged in an SES position for a period of more than 9 months; or
(b)a person to be appointed as an officer to a vacant office; or
(c)an officer to be transferred to a higher level vacant office for a period of more than 3 months; or
(d)an officer to be promoted to a vacant office; or
(e)a person to be employed as a fixed term employee for a period of more than 12 months.
(2)The head of service must ensure—
(a)all eligible people have, as far as practicable, a reasonable opportunity to apply for selection; and
(b)selection of a person is made on the basis of a comparative assessment of the applicants, having regard to—
(i)the nature of the functions to be exercised by the selected person; and
(ii)the relevant abilities, qualifications, experience, personal qualities and potential for development of the applicants; and
(c)the person selected is an eligible person.
(3)For subsection (2) (a), the people who may apply for selection may be limited—
(a)for an office—if the office is an identified position; or
(b)in accordance with a management strategy to—
(i)ensure the Territory is an equitable employer; or
(ii)eliminate disadvantage in relation to public service employment; or
(c)in accordance with a territory law.
(4)In this section:
Aboriginal or Torres Strait Islander person means a person who—
(a)is a descendant of an Aboriginal person or a Torres Strait Islander person; and
(b)identifies as an Aboriginal person or a Torres Strait Islander person; and
(c)is accepted as an Aboriginal person or a Torres Strait Islander person by an Aboriginal community or Torres Strait Islander community.
identified position means an office that the head of service has decided, in accordance with a prescribed process, must be occupied by—
(a)an Aboriginal or Torres Strait Islander person; or
(b)a person with disability.
Establishment of joint council
(1)The head of service must establish a consultative forum for relevant unions and the service (the joint council).
NoteEstablish includes constitute and continue in existence (see Legislation Act, dict, pt 1).
(2)The joint council must operate in accordance with terms of reference approved by the head of service.
(3)The terms of reference are a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Notification of certain employment matters
(1)The head of service must publish in the gazette notice of the following:
(a)an appointment under division 5.3;
(b)a promotion under division 5.5;
(c)a permanent transfer under division 5.6;
(d)a temporary transfer in accordance with section 101;
(e)a movement under division 5.7;
(f)a redeployment under part 6;
(g)a reduction in classification under part 6;
(h)a retirement under part 6.
(2)For a promotion under section 87 (Promotion on advice of joint selection committee), the head of service must state in the notification—
(a)that the selection involved—
(i)a union agreed joint selection committee; or
(ii)a management initiated joint selection committee; and
(b)whether the promotion is appellable or reviewable.
(3)In this section:
union agreed joint selection committee—see section 87.
Part 4Engagement of senior executive service
Definitions—pt 4
In this part:
SETs—see statutory employment terms.
statutory employment terms (or SETs), for an SES member, means—
(a)each function assigned to the SES member; and
(b)where the SES member is engaged; and
Examples
administrative unit, territory authority
(c)the SES member’s classification; and
(d)the SES member’s salary; and
(e)the hours the SES member is engaged to work; and
(f)the period the SES member is engaged to work; and
(g)any prescribed SETs.
Engagement of SES member
(1)The Chief Minister may engage an eligible person, under a contract, on behalf of the Territory as the head of service.
(2)The head of service may engage an eligible person, under a contract, on behalf of the Territory as a director-general or an executive.
(3)An SES member’s contract with the Territory must—
(a)be in writing; and
(b)be signed by the engager and the person; and
(c)state the SETs for the SES member; and
(d)be for a period of not more than 5 years.
(4)Subject to this Act, the engagement of an SES member is governed by the terms of the contract.
Record about SES member
For each SES member, the head of service must keep a record of—
(a)the SES member’s date of birth; and
(b)the SES position in which the SES member is engaged; and
(c)the day on which the SES member’s engagement started; and
(d)the day on which the SES member’s engagement will end; and
(e)any past employment as a public servant, including the days on which the employment started and ended.
Change to SES member’s SETs
(1)The engager of an SES member may make a permanent or temporary change to 1 or more of the SES member’s SETs in accordance with any prescribed requirement or notice period under—
(a)section 34 (Circumstances when SETs must be changed); or
(b)section 35 (Circumstances when SETs may be changed); or
(c)section 36 (SETs changed by change in administrative arrangements).
(2)The engager—
(a)must be satisfied that making the change is consistent with the public sector principles; and
(b)may only—
(i)change an SES member’s SETs if the SES member is an eligible person for the new SETs; and
(ii)for a director-general—change the director-general’s SETs if the Chief Minister and the Minister responsible for the director-general’s administrative unit have been consulted about the change.
(3)Any change to an SES member’s SETs must be in writing.
Circumstances when SETs must be changed
The engager of an SES member must change the SES member’s SETs if—
(a)the SES member can no longer be engaged with the SETs and the engager is able to give the SES member another suitable SES position; or
(b)prescribed circumstances when an SES member’s SETs must be changed are met.
Example—par (a)
An executive’s contract requires the executive to do a particular task, but the executive acquires a disability and can no longer do the task.
NoteAn SES position may be changed by changing 1 or more SETs (see s 33 (1)).
Circumstances when SETs may be changed
The engager of an SES member may change the SES member’s SETs if—
(a)the SES member, in writing, asks for the change and the engager is satisfied the request is reasonable; or
(b)the engager is satisfied the change is required for the efficient and effective management of the service; or
(c)the SES member is selected for another SES position in accordance with a selection process.
Example—par (a)
Gillian asks to change from full-time to part-time employment.
Example—par (b)
John has expertise that is relevant to an emerging critical issue. John’s administrative unit and functions are changed when he is moved to a whole‑of‑government taskforce to address the issue. None of John’s other SETs are changed.
Example—par (c)
Barlow, a part-time, temporary executive, is selected for a full-time, permanent SES position in a different administrative unit, at a different classification. All of Barlow’s SETs are changed.
NoteAn SES position may be changed by changing 1 or more SETs (see s 33 (1)).
SETs changed by change in administrative arrangements
(1)This section applies to directors-general and executives if the Chief Minister makes a change to the administrative arrangements.
(2)The head of service may make 1 or both of the following changes to the SES member’s SETs:
(a)change a function assigned to the SES member;
(b)change the administrative unit in which an SES member is engaged.
Suspension of SES member
The engager of an SES member may suspend the SES member’s engagement with pay or without pay in accordance with any prescribed requirement.
End of SES member’s engagement
The engager of an SES member may end the SES member’s engagement, on behalf of the Territory, in accordance with any prescribed requirement or prescribed notice period—
(a)under section 41 (Loss of eligibility); or
(b)under section 42 (Invalidity retirement); or
(c)if a misconduct procedure finds the disciplinary action to be taken is to end the SES member’s engagement; or
(d)if the engager loses confidence in the SES member’s ability to exercise the functions which the SES member has been engaged to exercise; or
(e)if the SES member’s SES position is no longer required for the efficient and effective operation of the service—if the engager is unable to give the SES member another suitable SES position; or
(f)if the engager considers it is in the interest of the service for the SES member’s engagement to be ended.
SES member may resign
(1)An SES member’s engagement ends if, in accordance with any prescribed notice period, the SES member tells the engager, in writing, that the SES member resigns.
(2)The SES member may only withdraw the SES member’s resignation with the approval of the engager.
End of engagement by resignation—abandonment of engagement by SES member
(1)This section applies if the engager is reasonably satisfied an SES member has abandoned the SES member’s engagement because—
(a)the SES member has been absent for—
(i)14 consecutive days; or
(ii)28 days in a 12-month period; and
(b)the SES member—
(i)fails to seek approval for the absence; and
(ii)fails to give a reasonable explanation for the absence; and
(iii)does not indicate an intention to return to work within a reasonable time.
NoteFail includes refuse (see Legislation Act, dict, pt 1).
(2)For subsection (1) (b), another person may seek approval, give an explanation or indicate an intention on behalf of an SES member if the SES member is not able to do it.
(3)The SES member’s engagement ends if—
(a)the engager follows the prescribed process; and
(b)after following the prescribed process, the engager remains satisfied that the SES member has abandoned the SES member’s engagement.
Loss of eligibility
The engager of an SES member must end the SES member’s engagement if—
(a)the SES member stops being an eligible person for the SES member’s SES position; and
(b)the engager is unable to give the SES member another suitable SES position.
Invalidity retirement
(1)The engager of an SES member may end the SES member’s engagement if the SES member is unable to exercise the functions assigned to the SES member because of physical or mental incapacity.
(2)However, the engager may only end the SES member’s engagement because of physical or mental incapacity if—
(a)for an eligible employee under the Superannuation Act 1976 (Cwlth)—the requirements for invalidity retirement under that Act are met; or
(b)for a member of the superannuation scheme established under the Superannuation Act 1990 (Cwlth)—the requirements for invalidity retirement under that Act are met; or
(c)for an ordinary employer sponsored member of the PSSAP within the meaning of the Superannuation Act 2005 (Cwlth)—the requirements for invalidity retirement under that Act are met; or
(d)for a member of a superannuation scheme declared by the head of service—the requirements for invalidity retirement under the scheme are met.
Part 5Employment of officers and employees
Division 5.1 Preliminary
Definitions—pt 5
In this part:
appellable classification means a classification—
(a)with a maximum salary that is lower than the minimum salary for the senior officer grade C classification; or
(b)for which teaching qualifications are required.
joint selection committee means a committee constituted as prescribed and includes—
(a)a committee that is agreed to by the principal union; and
(b)a management initiated committee.
unsuitability criteria—see section 70 (4).
Division 5.2 Change to office
Reclassification of office
(1)The head of service may, in writing, change the classification of an office in accordance with any prescribed requirement.
(2)If the head of service changes the classification of an office to a higher classification—
(a)the office becomes vacant; and
(b)the officer who occupied the office immediately before the change becomes an unattached officer.
(3)However, if the head of service changes the classification of a class of offices, the head of service may, in writing, disapply subsection (2).
65AReclassification of office—returning LAMS officer
(1)A returning LAMS officer may apply, in writing, to the head of service for a review of the officer’s original classification and salary.
(2)An application may be made not later than 30 days, or any longer period approved by the head of service, after the returning LAMS officer returns to work in the service.
(3)On receiving an application, the head of service must establish a committee made up of—
(a)1 person nominated by the head of service; and
(b)1 person nominated by the commissioner; and
(c)an independent officer.
(4)The committee must consider the returning LAMS officer’s application and make a recommendation about the officer’s classification and salary.
(5)The head of service may prescribe procedures that a committee must follow in considering an application.
(6)The head of service must decide a classification and salary for the officer that is not less than the officer’s original classification and salary, having regard to—
(a)the committee’s recommendation; and
(b)the officer’s employment immediately before being employed under the Legislative Assembly (Members’ Staff) Act 1989; and
(c)the length of the employment; and
(d)the functions exercised by the officer in the employment; and
(e)any other matter that the head of service considers relevant.
(7)The head of service must give the returning LAMS officer a copy of the decision.
(8)The head of service’s decision has effect, or is taken to have had effect, when the officer returns to work in the service.
(9)In this section:
independent officer, in relation to an application by a returning LAMS officer, means—
(a)if requested by the returning LAMS officer—a person nominated by a relevant union; or
(b)a person chosen in accordance with prescribed procedures.
original classification, of a returning LAMS officer, means the classification of the office that the officer occupied immediately before being employed under the Legislative Assembly (Members’ Staff) Act 1989.
original salary, of a returning LAMS officer, means the salary to which the officer was entitled immediately before being employed under the Legislative Assembly (Members’ Staff) Act 1989.
returning LAMS officer means an officer who—
(a)while an officer, was employed under the Legislative Assembly (Members’ Staff) Act 1989; and
(b)has returned, or will return, to work in the service.
Part-time office
(1)The head of service may, in writing, declare a vacant office to be a part‑time office.
(2)The head of service may, in writing, declare an occupied office to be a part‑time office if the officer appointed to the office consents to the declaration.
(3)The head of service may change the part-time hours of a part-time office—
(a)at any time; and
(b)for an occupied office—only if the officer appointed to the office consents to the change.
(4)The declaration must set out hours of attendance for the office that are less than full-time hours of attendance.
Note An industrial instrument may include requirements for hours of attendance.
Division 5.3 Appointment of officers
Appointment to vacant office
(1)The head of service may appoint a person to a vacant office.
(2)The head of service may only appoint a person to an office if—
(a)the person is selected in accordance with the merit and equity principle; and
(b)the head of service is satisfied on reasonable grounds, and states, in writing, that the person is suitable for appointment having regard to—
(i)verification of the person’s identity; and
(ii)whether the person has any prior criminal convictions; and
(iii)the previous employment record of the person; and
(iv)the need for suitable references in support of the person’s application for appointment; and
(v)verification of the person’s qualifications required for the appointment.
NoteIf a person is to be appointed to a position that involves a regulated activity and contact with a vulnerable person within the meaning of the Working with Vulnerable People (Background Checking) Act 2011, the person may need to be registered under that Act.
Record about officers
For each officer, the head of service must keep a record of—
(a)the officer’s date of birth; and
(b)the office to which the officer is appointed; and
(c)the day on which the officer’s appointment started; and
(d)any past employment as a public servant, including the days on which the employment started and ended; and
(e)if the officer holds a visa that permits them to work in the service—the following information about the officer’s visa:
(i)the period during which the officer is permitted to work in the service;
(ii)the work the officer is permitted to do;
(iii)any other information that is relevant to the officer being an eligible person for appointment.
Appointment on probation
(1)The appointment of a person to the service as an officer is subject to a period of probation under this section, unless 1 of the following sections applies to the appointment:
(a)section 71 (Appointment on probation—prescribed training office);
(b)section 71A (Appointment on probation—teachers);
(c)section 71C (Appointment without probation).
(2)Probation begins on the day the person is appointed and the appointment is taken to be confirmed 12 months after the day the person is appointed unless—
(a)the appointment is earlier confirmed under this section; or
(b)the appointment is earlier ended under this section; or
(c)the probationary period is earlier extended under section 71B.
(3)The appointment may be confirmed any day after the day the officer is appointed if the head of service is satisfied that—
(a)the officer has undergone a medical examination to assess the person’s standard of health and fitness and the examination confirms that the standard of health and fitness of the person is satisfactory; or
(b)it is unnecessary, in the circumstances, to require the officer to undergo a medical examination.
(4)The appointment may be ended at any time before the appointment is confirmed, or taken to be confirmed, if the head of service is satisfied on reasonable grounds that 1 or more of the following criteria for being unsuitable for confirmation (the unsuitability criteria) applies to the officer:
(a)the officer failed to have a medical examination to assess the officer’s standard of health and fitness;
NoteFail includes refuse (see Legislation Act, dict, pt 1).
(b)the officer has had a medical examination to assess the officer’s standard of health and fitness and an authorised doctor states, in writing, that the officer’s standard of health and fitness is not at a standard required for the office;
(c)an appropriate officer, for example the officer’s supervisor states, in writing, that the officer has not exercised the officer’s functions at a standard required for the office;
(d)the officer is not an eligible person to remain an officer;
(e)the officer is an excess officer.
(5)An appointment on probation must not be ended unless the officer has been given at least 14 days written notice of—
(a)the reason for ending the appointment; and
(b)the day the appointment will end.
Appointment on probation—prescribed training office
(1)The appointment of a person to the service as an officer in a prescribed training office is subject to a period of probation under this section.
(2)Probation begins on the day the person is appointed and is taken to be confirmed 6 months after the day the officer completes the course of training required for the prescribed training office unless—
(a)the appointment is earlier confirmed under this section; or
(b)the appointment is earlier ended under this section; or
(c)the probationary period is earlier extended under section 71B.
(3)The appointment may be confirmed any day after the officer successfully completes the course of training required for the prescribed training office if the head of service is satisfied that—
(a)the officer has undergone a medical examination to assess the person’s standard of health and fitness and the examination confirms that the standard of health and fitness of the officer is satisfactory; or
(b)it is unnecessary, in the circumstances, to require the officer to undergo a medical examination.
(4)The appointment may be ended any time before the appointment is confirmed or taken to be confirmed if the head of service is satisfied on reasonable grounds that—
(a)1 or more of the unsuitability criteria applies to the officer; or
(b)the officer has not successfully completed the course of training required for the prescribed training office.
(5)An appointment on probation must not be ended unless the officer has been given at least 14 days written notice of—
(a)the reason for ending the appointment; and
(b)the day the appointment will end.
71AAppointment on probation—teachers
(1)The appointment of a person as a teacher is subject to a period of probation under this section.
(2)Probation begins on the day the person is appointed and is taken to be confirmed 18 months after the day the person is appointed unless—
(a)the appointment is earlier confirmed under this section; or
(b)the appointment is earlier ended under this section; or
(c)the probationary period is earlier extended under section 71B.
(3)The appointment may be confirmed any day after the day the officer is appointed if the head of service is satisfied that—
(a)the officer has undergone a medical examination to assess the person’s standard of health and fitness and the examination confirms that the standard of health and fitness of the officer is satisfactory; or
(b)it is unnecessary, in the circumstances, to require the officer to undergo a medical examination.
(4)The appointment may be ended at any time before the appointment is confirmed, or taken to be confirmed, if the head of service is satisfied on reasonable grounds that 1 or more of the unsuitability criteria applies to the officer.
(5)An appointment on probation must not be ended unless the officer has been given at least 14 days written notice of—
(a)the reason for ending the appointment; and
(b)the day the appointment will end.
(6)In this section:
teacher means a person who holds an office classified as a teacher under the management standards or a relevant industrial instrument.
71BExtension of period of probation
(1)A period of probation for a person may be extended if—
(a)the appointment has not been confirmed or taken to be confirmed; and
(b)the head of service is satisfied on reasonable grounds that the extension is reasonably required to assess the person’s suitability for office.
Examples—par (b)
1 Glen is appointed as an officer. Six weeks after starting work a family crisis occurs and Glen is absent on authorised unpaid leave for a 12-week period. Glen’s extended absence means that there has not been a long enough period at work to assess whether work performance is satisfactory so an additional period of probation is reasonable.
2 Josephine is appointed as a teacher and undergoes a medical assessment to assess her standard of health and fitness. The report from the authorised doctor is delayed because the doctor is taken ill and cannot complete the report before the probationary period would be taken to be confirmed under s 71A (2). An additional period of probation is reasonable to allow for a medical assessment report to be provided.
3 Mai is appointed to a prescribed training office. The training required for the office usually takes 2 years to complete. An additional period of probation is reasonable to allow time for Mai to complete the required training.
(2)The maximum additional period for probation under this section is as follows:
(a)for section 70 (Appointment on probation)—6 months;
(b)for section 71 (Appointment on probation—prescribed training office)—12 months;
(c)for section 71A (Appointment on probation—teachers)—12 months.
(3)An appointment on probation must not be extended unless the officer has been given at least 14 days written notice of—
(a)the reason for the extension; and
(b)the length of the extension; and
(c)the day the probationary period will end.
(4)An appointment that has been extended under this section may be confirmed any day after the extension if the head of service is satisfied that—
(a)the officer has undergone a medical examination to assess the person’s standard of health and fitness and the examination confirms that the standard of health and fitness of the officer is satisfactory; or
(b)it is unnecessary, in the circumstances, to require the officer to undergo a medical examination.
(5)An appointment that has been extended under this section may be ended at any time before the appointment is confirmed, or taken to be confirmed, if the head of service is satisfied on reasonable grounds that 1 or more of the unsuitability criteria applies to the officer.
(6)An appointment that has been extended under this section is taken to be confirmed on the day notified as the day the probationary period will end under subsection (3) (c) unless—
(a)the appointment is earlier confirmed under this section; or
(b)the appointment is earlier ended under this section.
71CAppointment without probation
(1)The head of service may appoint a person to an office without probation if satisfied that—
(a)the appointment without probation is in the public interest; or
(b)immediately before the day of the appointment, for a period of 12 months or more, the person exercised the functions of the office, or an office with similar functions.
(2)The head of service must not appoint a person to an office without probation unless satisfied that—
(a)the person has undergone a medical examination to assess the person’s standard of health and fitness and on the basis of the examination, the standard of health and fitness of the person is satisfactory; or
(b)it is unnecessary, in the circumstances, to require the person to undergo a medical examination.
Division 5.5 Promotion of officers
Promotion to vacant office
(1)The head of service may promote an officer to a vacant office.
(2)The head of service must tell an officer, in writing, about the promotion a reasonable time before it takes effect.
Promotion appeal
(1)An officer may appeal against the promotion of another person to a vacant office under section 83 if—
(a)the promotion is to an appellable classification; and
(b)the officer applied for promotion to the vacant office.
(2)The appeal must be made in accordance with—
(a)if an industrial instrument applies to an officer and includes a procedure for promotion appeals—the promotion appeals procedure in the industrial instrument; or
(b)in any other case—the prescribed promotion appeals procedure.
(3)In deciding the appeal a decision-maker must apply the criteria set out in—
(a)if an industrial instrument applies to the officer and includes criteria for decision-making for promotion appeals—the promotion appeals decision-making criteria in the industrial instrument; or
(b)in any other case—the prescribed promotion appeals decision‑making criteria.
Promotion appeal by excess officer
(1)This section applies if an officer has been told, in writing, by the head of service that the officer is an excess officer.
(2)The officer may appeal against the promotion of another person to a vacant office if—
(a)the promotion is to an appellable classification; and
(b)the excess officer applied for transfer to the vacant office the classification of which is equal to or lower than the classification of the office occupied by the excess officer.
(3)An appeal under this section does not affect the operation of part 6 (Redeployment, underperformance and end of employment of officers).
(4)The appeal must be made in accordance with—
(a)if an industrial instrument applies to the officer and includes a procedure for promotion appeals—the promotion appeals procedures in the industrial instrument; or
(b)in any other case—the prescribed promotion appeals procedure.
(5)In deciding the appeal a decision-maker must apply the criteria set out in—
(a)if an industrial instrument applies to the officer and includes criteria for decision-making for promotion appeals—the decision-making criteria in the industrial instrument; or
(b)in any other case—the prescribed decision-making criteria.
Review of certain promotion decisions
(1)An officer may apply for review of a promotion of another officer to a vacant office if—
(a)the promotion is to a classification other than an appellable classification; and
(b)the officer applied for promotion to the office.
(2)The review must be conducted in accordance with—
(a)if an industrial instrument applies to an officer and includes a review of promotion procedure—the review procedure in the industrial instrument; or
(b)in any other case—the prescribed review of promotion procedure.
(3)In deciding the review, a decision-maker must apply the criteria set out in—
(a)if an industrial instrument applies to the officer and includes criteria for review of promotion decisions—the criteria for review in the industrial instrument; or
(b)in any other case—the prescribed criteria for review of promotion decisions.
(4)If the head of service cancels the promotion as a result of the review—
(a)the officer whose promotion is cancelled must for all purposes be treated as having held the office from the date the promotion took effect to the date of the cancellation; and
(b)the head of service—
(i)must transfer the officer to an office with a classification that is equal to the classification that the officer had immediately before the promotion took effect; and
(ii)may if necessary create an office to allow the transfer mentioned in subparagraph (i).
Promotion on advice of joint selection committee
(1)The head of service may promote an officer to fill a vacant office if—
(a)a joint selection committee is established in relation to the promotion; and
(b)the committee recommends the promotion.
(2)If a joint selection committee makes a recommendation to the head of service about a promotion the head of service may—
(a)accept the recommendation; or
(b)not accept the recommendation.
(3)A decision to promote under this section is not an appellable decision or a reviewable decision if the promotion is in accordance with—
(a)the recommendation of a joint selection committee agreed to by the principal union (a union agreed joint selection committee); or
(b)the unanimous recommendation of a management initiated joint selection committee.
(4)A decision to promote under this section is an appellable decision and a reviewable decision if—
(a)an officer is promoted to an appellable classification; and
(b)the officer seeking to appeal applied for promotion to the position; and
(c)the promotion is not in accordance with—
(i)the recommendation of a union agreed joint selection committee; or
(ii)the unanimous recommendation of a management initiated joint selection committee.
How promotions take effect
(1)A promotion takes effect as prescribed.
(2)The salary payable for an office to which an officer is promoted under section 83 or section 87 is payable on and after the prescribed day.
(3)If an appeal against a promotion results in a different officer being promoted to an office than had originally been promoted—the salary payable to the different officer is payable on and after the prescribed day for the original promotion.
Death of officer before appeal or review decided
(1)This section applies if a promoted officer dies before 1 of the following processes are finalised:
(a)an appeal under section 84 (Promotion appeal);
(b)a review under section 86 (Review of certain promotion decisions).
(2)The process ends on the day of the promoted officer’s death.
(3) If the promoted officer’s promotion is confirmed, the promotion only takes effect if the promoted officer’s death occurred on or after the prescribed day in relation to the promotion.
(4)In this section:
promoted officer means the officer against whose promotion the process is being undertaken.
Cancellation of promotion
(1)Before the promotion of an officer to a vacant office in an administrative unit takes effect, the head of service may cancel the promotion on reasonable grounds.
(2)If a promotion of an officer under section 83 or section 87 that has not taken effect stops being a promotion, because of a change in rates of salary, the promotion is taken to be cancelled.
(3)If a promotion is cancelled, or is taken to be cancelled under this section, any appeal under section 84 or review under section 86 against the promotion lapses on the day of the cancellation.
Division 5.6 Transfer of officers
Transfer to vacant office
(1)The head of service may transfer an officer to a vacant office.
(2)The head of service may only transfer an officer under this section if—
(a)the vacant office is in the same administrative unit as the officer’s office before the transfer; and
(b)either—
(i)the officer applied for the vacant office; or
(ii)the head of service—
(A)consults the director-general of the administrative unit about the transfer; and
(B)gives the officer an opportunity to state the officer’s views in relation to the transfer; and
(C)considers the views of the officer.
(3)The head of service must tell an officer, in writing, about the transfer a reasonable time before it takes effect.
(4)A decision to transfer under this section is not an appellable decision or reviewable decision.
Simultaneous transfer within administrative unit
(1)This section applies if—
(a)2 or more officers in an administrative unit occupy offices with the same classification; and
(b)the head of service approves the simultaneous transfer of the officers between the offices.
(2)The head of service may transfer the officers if the head of service consults with the director-general of the administrative unit.
(3)A decision to transfer under this section is not an appellable decision or a reviewable decision.
Transfer between administrative units
The head of service may transfer an officer in an administrative unit to a vacant office in another administrative unit, if the head of service consults—
(a)the director-general of the administrative unit that would gain the officer; and
(b)the director-general of the administrative unit that would release the officer.
96BTransfer on advice of joint selection committee
(1)The head of service may transfer an officer to fill a vacant office in an administrative unit if—
(a)a joint selection committee is established in relation to the transfer; and
(b)the committee recommends the transfer.
(2)The joint selection committee must make a recommendation to the head of service about the transfer.
(3)The head of service must consult the director-general of the administrative unit about the recommendation.
(4)The head of service may—
(a)accept the recommendation; or
(b)not accept the recommendation.
(5)If an officer is transferred in accordance with a recommendation under subsection (2) the head of service must notify the transfer in the gazette.
(6)If an officer is transferred on the recommendation of a union agreed joint selection committee—the decision to transfer is not an appellable decision or a reviewable decision.
(7)In this section:
union agreed joint selection committee—see section 87.
96CHow transfer takes effect
A transfer takes effect as prescribed.
96DCancellation of transfer
(1)Before the transfer of an officer to a vacant office in an administrative unit takes effect, the head of service may cancel the transfer on reasonable grounds.
(2)If a transfer is cancelled under this section, any appeal against the transfer lapses on the day of the cancellation.
Temporary transfer
(1)The head of service may temporarily transfer an officer from an administrative unit to exercise the whole, or part, of the functions of another office in the unit if—
(a)the head of service consults the director-general of the unit; and
(b)the prescribed requirements are met.
(2)A temporary transfer, other than a transfer requiring notification under section 101 (2), takes effect on—
(a)the day written notice is given; or
(b)if a later day is stated in the written notice of the transfer—on that later day.
(3)Written notice of a temporary transfer must be expressed to continue in force until—
(a)the end of a stated day; or
(b)occurrence of a stated event.
(4)Written notice of the temporary transfer must not be expressed to operate—
(a)indefinitely; or
(b)until a notice terminating the transfer is given.
(5)The head of service may, in writing—
(a)revoke the temporary transfer at any time; or
(b)vary the temporary transfer at any time.
(6)The head of service may temporarily transfer an officer from an administrative unit to exercise the whole, or part, of the functions of an office in another unit if the prescribed requirements are met.
Notification of certain temporary transfers to higher office
(1)This section applies to a temporary transfer to an appellable classification.
(2)The head of service must provide notification in the gazette of a temporary transfer if—
(a)the head of service temporarily transfers an officer to perform the duties of a higher office to which this section applies; and
(b)the transfer is for a period of more than 6 months.
Appeal against temporary transfer to higher office
(1)An officer may appeal against the temporary transfer of another officer to an appellable classification if—
(a)the other officer is transferred to an office that is a higher office for the other officer; and
(b)the transfer is to an office that is a higher office for the officer seeking to appeal; and
(c)the officer seeking to appeal applied for temporary transfer to the higher office.
(2)The appeal must be made in accordance with—
(a)if an industrial instrument applies to the officer and includes a procedure for temporary transfer appeal—the temporary transfer appeal procedure in the industrial instrument; or
(b)in any other case—the prescribed temporary transfer appeal procedure.
Lapsing or discontinuing of appeal
(1)An appeal against a temporary transfer under section 102 lapses if—
(a)the temporary transfer finishes under section 100 (3); or
(b)the temporary transfer finishes because the person transferred stops being an officer; or
(c)the temporary transfer is revoked under section 100 (5); or
(d)the appellant stops being an officer; or
(e)the office that is the subject of the appeal is no longer a higher office for the appellant.
(2)An appeal against a temporary transfer under section 102 must be discontinued if the appellant gives written notice that the appeal has been withdrawn to the person or body that considers the appeal under the temporary transfer appeal procedure mentioned in section 102 (2).
(3)If an appeal lapses or is discontinued under this section the person or body that considers the appeal under the temporary transfer appeal procedure mentioned in section 102 (2) must give written notice of the lapse or discontinuance to the appellant.
Temporary transfer if appeal successful
(1)This section applies if the person or body that considers an appeal under the temporary transfer appeal procedure mentioned in section 102 (2) decides that the appellant would be more efficient in performing the duties of the office than the person transferred to the office under section 100.
(2)The person or body must provide written notice of the decision to—
(a)the appellant; and
(b)the person transferred under section 100; and
(c)the head of service.
(3)If the head of service receives a notice under subsection (2) the head of service must—
(a)revoke the temporary transfer of the person transferred under section 100; and
(b)temporarily transfer the appellant to the position.
(4)A temporary transfer under this section—
(a)takes effect when it is made; and
(b)must be expressed to continue in force for the same period for which the revoked temporary transfer would have operated; and
(c)is not subject to appeal.
Abbreviation key
A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired
Legislation history
Public Sector Management Act 1994 A1994‑37
notified 30 June 1994 (Gaz 1994 No S121)
s 1, s 2 commenced 30 June 1994 (s 2 (1))remainder commenced 1 July 1994 (s 2 (2) and Gaz 1994 No S142)
as amended by
Public Interest Disclosure Act 1994 A1994‑108 s 40
notified 22 December 1994 (Gaz 1994 No S289)
s 1, s 2 commenced 22 December 1994 (s 2 (1))s 40 commenced 21 June 1995 (s 2 (2) and Gaz 1995 No S126)
Electricity and Water (Corporatisation) (Consequential Amendments) Act 1995 A1995‑7 sch
notified 28 June 1995 (Gaz 1995 No S148)
commenced 1 July 1995 (s 2)
Public Sector Management (Amendment) Act 1995 A1995‑51
notified 20 December 1995 (Gaz 1995 No S313)
s 1, s 2 commenced 20 December 1995 (s 2 (1))remainder commenced 21 December 1995 (s 2 (2) and Gaz 1995 No S315)
Remuneration Tribunal (Consequential and Transitional Provisions) Act 1995 A1995‑56 sch
notified 20 December 1995 (Gaz 1995 No S313)
commenced 21 December 1995 (s 2 and see Gaz 1995 No S315)
Public Sector Management (Amendment) Act 1996 A1996‑24
notified 4 June 1996 (Gaz 1996 No S101)
commenced 1 July 1996 (s 2)
Financial Management and Audit (Consequential and Transitional Provisions) Act 1996 A1996‑26 sch pt 28
notified 1 July 1996 (Gaz 1996 No S130)
commenced 1 July 1996 (s 2)
Betting (Corporatisation) (Consequential Amendments) Act 1996 A1996‑33 sch 1
notified 1 July 1996 (Gaz 1996 No S130)
commenced 1 July 1996 (s 2 (1))
Gungahlin Development Authority (Consequential Provisions) Act 1996 A1996‑39 pt 4
notified 10 July 1996 (Gaz 1996 No S160)
commenced 19 August 1996 (s 2 and see Gaz 1996 No S212)
University of Canberra (Transfer) Act 1997 A1997‑74 s 19
notified 25 November 1997 (Gaz 1997 No S360)
s 1, s 2 commenced 25 November 1997 (s 2 (1))s 19 commenced 1 December 1997 (s 2 (2))
Statute Law Revision (Penalties) Act 1998 A1998‑54 sch
notified 27 November 1998 (Gaz 1998 No S207)
s 1, s 2 commenced 27 November 1998 (s 2 (1))sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)
Public Sector Management (Amendment) Act 1999 A1999‑55
notified 17 September 1999 (Gaz 1999 No S54)
ss 4 (c), 9 and 10 commenced 1 Jan 2000 (s 2 (2))remainder commenced 17 September 1999 (s 2 (1))
Public Sector Legislation Amendment Act 1999 A1999‑70 s 3
notified 3 December 1999 (Gaz 1999 No S62)
commenced 5 December 1999 (s 2 and see Cwlth Gaz 1999 No S584)
Occupational Health and Safety (Amendment) Act (No 2) 1999 A1999‑82 sch pt 2
notified 23 December 1999 (Gaz 1999 No S65)
ss 1-3 commenced 23 December 1999 (s 2 (1))sch pt 2 commenced 23 June 2000 (s 2 (3))
Public Sector Legislation Amendment Act 2000 A2000‑77 s 3
notified 21 December 2000 (Gaz 2000 No S69)
s 1, s 2 commenced 21 December 2000 (IA s 10B)s 3 commenced 31 December 2000 (s 2)
Legislation (Consequential Amendments) Act 2001 A2001‑44 pt 316 (as am by A2002‑30 amdt 3.577)
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)amdt 1.3496 om 2002 No 30 before commencement
pt 316 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)Legislative Assembly (Members’ Staff) Amendment Act 2001 A2001‑57 pt 3
notified 10 September 2001 (Gaz 2001 No S66)
s 1, s 2 commenced 10 September 2001 (IA s 10B)pt 3 commenced 13 September 2001 (Gaz 2001 No S69)
Legislation Amendment Act 2002 A2002‑11 pt 2.40
notified LR 27 May 2002
s 1, s 2 commenced 27 May 2002 (LA s 75)pt 2.40 commenced 28 May 2002 (s 2 (1))
Statute Law Amendment Act 2002 A2002‑30 amdt 3.577
notified LR 16 September 2002
s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))amdt 3.577 commenced 17 September 2002 (s 2 (1))
NoteThis Act only amends the Legislation (Consequential Amendments) Act 2001 A2001‑44 .
Planning and Land Legislation Amendment Act 2003 A2003-30 sch 1 pt 1.4
notified LR 30 June 2003
s 1, s 2 commenced 30 June 2003 (LA s 75 (1))
sch 1 pt 1.4 commenced 1 July 2003 (s 2 and see Planning and Land Act 2002 A2002-55, s 2)Public Sector Management Amendment Act 2003 A2003-62
notified LR 11 December 2003
s 1, s 2 commenced 11 December 2003 (LA s 75 (1))remainder commenced 12 December 2003 (s 2)
Statute Law Amendment Act 2003 (No 2) A2003-56 sch 3 pt 3.19
notified LR 5 December 2003
s 1, s 2 commenced 5 December 2003 (LA s 75 (1))sch 3 pt 3.19 commenced 19 December 2003 (s 2)
Annual Reports Legislation Amendment Act 2004 A2004-9 sch 1 pt 1.28
notified LR 19 March 2004
s 1, s 2 commenced 19 March 2004 (LA s 75 (1))sch 1 pt 1.28 commenced 13 April 2004 (s 2 and see Annual Reports (Government Agencies) Act 2004 A2004-8, s 2 and CN2004-5)
Emergencies Act 2004 A2004-28 sch 3 pt 3.17
notified LR 29 June 2004
s 1, s 2 commenced 29 June 2004 (LA s 75 (1))sch 3 pt 3.17 commenced 1 July 2004 (s 2 (1) and CN2004-11)
Occupational Health and Safety Amendment Act 2004 A2004-29 sch 3
notified LR 8 July 2004
s 1, s 2 commenced 8 July 2004 (LA s 75 (1))sch 3 commenced 5 August 2004 (s 2 (1))
Health Professionals Legislation Amendment Act 2004 A2004-39 sch 5 pt 5.17
notified LR 8 July 2004
s 1, s 2 commenced 8 July 2004 (LA s 75 (1))sch 5 pt 5.17 commenced 7 July 2005 (s 2 and see Health Professionals Act 2004 A2004-38, s 2 and CN2005-11)
Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.47
notified LR 12 May 2005
s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))
sch 3 pt 3.47 commenced 2 June 2005 (s 2 (1))Public Sector Management Amendment Act 2005 A2005‑42
notified LR 31 August 2005
s 1, s 2 commenced 31 August 2005 (LA s 75 (1))remainder commenced 1 September 2005 (s 2)
Public Sector Management Amendment Act 2005 (No 2) A2005-44
notified LR 30 August 2005
s 1, s 2 commenced 30 August 2005 (LA s 75 (1))remainder commenced 8 September 2005 (s 2 and CN2005-19)
Criminal Code (Administration of Justice Offences) Amendment Act 2005 A2005-53 sch 1 pt 1.25
notified LR 26 October 2005
s 1, s 2 commenced 26 October 2005 (LA s 75 (1))sch 1 pt 1.25 commenced 23 November 2005 (s 2)
Statute Law Amendment Act 2007 A2007-3 sch 1 pt 1.1, sch 3 pt 3.81
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))sch 1 pt 1.1, sch 3 pt 3.81 commenced 12 April 2007 (s 2 (1))
Statute Law Amendment Act 2007 (No 2) A2007-16 sch 3 pt 3.32
notified LR 20 June 2007
s 1, s 2 taken to have commenced 12 April 2007 (LA s 75 (2))sch 3 pt 3.32 commenced 11 July 2007 (s 2 (1))
Occupational Health and Safety Amendment Act 2007 A2007-31 sch 1 pt 1.2
notified LR 24 October 2007
s 1, s 2 commenced 24 October 2007 (LA s 75 (1))
sch 1 pt 1.2 commenced 25 October 2007 (s 2)Occupational Health and Safety (Regulatory Services) Legislation Amendment Act 2007 A2007-37 sch 2 pt 2.6
notified LR 22 November 2007
s 1, s 2 commenced 22 November 2007 (LA s 75 (1))
sch 2 pt 2.6 commenced 23 November 2007 (s 2)Work Safety Legislation Amendment Act 2009 A2009-28 sch 2 pt 2.9
notified LR 9 September 2009
s 1, s 2 commenced 9 September 2009 (LA s 75 (1))
sch 2 pt 2.9 commenced 1 October 2009 (s 2 and see Work Safety Act 2008 A2008-51, s 2 (1) (b) and CN2009-11)Statute Law Amendment Act 2009 (No 2) A2009-49 sch 1 pt 1.9, sch 3 pt 3.58
notified LR 26 November 2009
s 1, s 2 commenced 26 November 2009 (LA s 75 (1))sch 1 pt 1.9, sch 3 pt 3.58 commenced 17 December 2009 (s 2)
Public Sector Management Amendment Act 2011 A2011-1
notified LR 23 February 2011
s 1, s 2 commenced 23 February 2011 (LA s 75 (1))
s 29 commenced 23 February 2013 (s 2 (2))remainder commenced 18 April 2011 (s 2 and CN2011-5)
Public Sector Management (One ACT Public Service) Amendment Act 2011 A2011-21
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))remainder commenced 1 July 2011 (s 2)
Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.127
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))sch 1 pt 1.127 commenced 1 July 2011 (s 2 (1))
Working with Vulnerable People (Consequential Amendments) Act 2011 A2011-45 sch 1 pt 1.3
notified LR 8 November 2011
s 1, s 2 commenced 8 November 2011 (LA s 75 (1))
sch 1 pt 1.3 commenced 8 November 2012 (s 2 and see Working with Vulnerable People (Background Checking) Act 2011 A2011-44 s 2 (2))Statute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.45
notified LR 28 November 2011
s 1, s 2 commenced 28 November 2011 (LA s 75 (1))sch 3 pt 3.45 commenced 12 December 2011 (s 2)
Statute Law Amendment Act 2012 A2012-21 sch 3 pt 3.34
notified LR 22 May 2012
s 1, s 2 commenced 22 May 2012 (LA s 75 (1))sch 3 pt 3.34 commenced 5 June 2012 (s 2 (1))
Legislative Assembly (Office of the Legislative Assembly) Act 2012 A2012-26 sch 1 pt 1.8
notified LR 24 May 2012
s 1, s 2 commenced 24 May 2012 (LA s 75 (1))sch 1 pt 1.8 commenced 1 July 2012 (s 2)
Auditor-General Amendment Act 2013 A2013-25 sch 1 pt 1.2
notified LR 20 August 2013
s 1, s 2 commenced 20 August 2013 (LA s 75 (1))sch 1 pt 1.2 commenced 20 February 2014 (s 2 and LA s 79)
Officers of the Assembly Legislation Amendment Act 2013 A2013-41 sch 1 pt 1.7
notified LR 7 November 2013
s 1, s 2 commenced 7 November 2013 (LA s 75 (1))sch 1 pt 1.7 commenced 1 July 2014 (s 2)
Courts Legislation Amendment Act 2015 A2015‑10 pt 15
notified LR 7 April 2015
s 1, s 2 commenced 7 April 2015 (LA s 75 (1))pt 15 commenced 21 April 2015 (s 2 (2))
Red Tape Reduction Legislation Amendment Act 2015 A2015-33 sch 2 pt 2.1
notified LR 30 September 2015
s 1, s 2 commenced 30 September 2015 (LA s 75 (1))
sch 2 pt 2.1 commenced 14 October 2015 (s 2)Statute Law Amendment Act 2015 (No 2) A2015‑50 sch 3 pt 3.27
notified LR 25 November 2015
s 1, s 2 commenced 25 November 2015 (LA s 75 (1))sch 3 pt 3.27 commenced 9 December 2015 (s 2)
Public Sector Management Amendment Act 2016 A2016-52
notified LR 25 August 2016
s 1, s 2 commenced 25 August 2016 (LA s 75 (1))
remainder commenced 1 September 2016 (s 2)Statute Law Amendment Act 2017 A2017-4 sch 1 pt 1.4, sch 3 pt 3.22
notified LR 23 February 2017
s 1, s 2 commenced 23 February 2017 (LA s 75 (1))
sch 1 pt 1.1, sch 3 pt 3.22 commenced 9 March 2017 (s 2)Workplace Legislation Amendment Act 2018 A2018-10 pt 2
notified LR 27 March 2018
s 1, s 2 commenced 27 March 2018 (LA s 75 (1))
pt 2 commenced 28 March 2018 (s 2)as modified by
Public Sector Management (Transitional Provisions) Regulation 2018 SL2018-10
notified LR 27 June 2018
s 1, s 2 commenced 27 June 2018 (LA s 75 (1))
remainder commenced 28 June 2018 (s 2)as amended by
Statute Law Amendment Act 2018 A2018-42 sch 1 pt 1.6, sch 3 pt 3.26
notified LR 8 November 2018
s 1, s 2 taken to have commenced 1 July 2018 (LA s 75 (2))
sch 1 pt 1.6, sch 3 pt 3.26 commenced 22 November 2018 (s 2 (1))Public Sector Management Amendment Act 2019 A2019-36
notified LR 10 October 2019
s 1, s 2 commenced 10 October 2019 (LA s 75 (1))
remainder commenced 11 October 2019 (s 2)Public Interest Disclosure Amendment Act 2020 A2020-46 sch 1 pt 1.4
notified LR 4 September 2020
s 1, s 2 commenced 4 September 2020 (LA s 75 (1))
sch 1 pt 1.4 commenced 4 March 2021 (s 2 and LA s 79)Justice and Community Safety Legislation Amendment Act 2021 A2021-3 pt 15
notified LR 19 February 2021
s 1, s 2 commenced 19 February 2021 (LA s 75 (1))
pt 15 commenced 26 February 2021 (s 2 (1))Statute Law Amendment Act 2021 A2021-12 sch 1 pt 1.3
notified LR 9 June 2021
s 1, s 2 commenced 9 June 2021 (LA s 75 (1))
sch 1 pt 1.3 commenced 23 June 2021 (s 2 (1))Health Infrastructure Enabling Act 2023 A2023-17 sch 2 pt 2.4
notified LR 2 June 2023
s 1, s 2 commenced 2 June 2023 (LA s 75 (1))
sch 2 pt 2.4 commenced 3 July 2023 (s 2 (2) and see s 7 (1) (a))Courts Legislation Amendment Act 2023 A2023-37 sch 1 pt 1.12
notified LR 29 September 2023
s 1, s 2 commenced 29 September 2023 (LA s 75 (1))
sch 1 pt 1.12 commenced 30 September 2023 (s 2)Workplace Legislation Amendment Act 2024 A2024-15 pt 3
notified LR 19 April 2024
s 1, s 2 commenced 19 April 2024 (LA s 75 (1))
pt 3 commenced 20 April 2024 (s 2 (1))Integrity Legislation Amendment Act 2024 A2024-47 pt 4
notified LR 19 September 2024
s 1, s 2 commenced 19 September 2024 (LA s 75 (1))
pt 4 commenced 26 September 2024 (s 2 (1))Public Sector Management Amendment Act 2024 A2024-48
notified LR 19 September 2024
s 1, s 2 commenced 19 September 2024 (LA s 75 (1))
remainder commenced 20 September 2024 (s 2)Amendment history
Dictionary
s 2om A2001‑44 amdt 1.3478
ins A2007‑3 amdt 3.429
am A2012‑26 amdt 1.36; A2018‑42 amdt 3.82
Notes
s 2Ains A2007‑3 amdt 3.429
Definitions for Act
s 3am A1999‑55 sch; A2001‑44 amdt 1.3479, amdt 1.3481
defs reloc to dict A2007‑3 amdt 3.428
om A2007‑3 amdt 3.429
def chief executive officer orig def om A2007‑3 amdt 3.423
def Gazette om A1999‑55 s 4
def medical practitioner om A2004‑39 amdt 5.24
def senior executive service office om A1995‑51 s 4
def senior executive service officer om A1995‑51 s 4
def Territory Gazette om A1999‑55 s 4
Declaration of territory instrumentalities
s 3Ains A2001‑44 amdt 1.3482
am A2009‑49 amdt 3.135
om A2016‑52 s 4
Offences against Act—application of Criminal Code etc
s 4sub A2016‑52 s 4
Objects of Act
s 5am A1995‑7 sch; A1996‑33 sch 1; A1996‑39 s 13; A1997‑74 s 19; A2003‑30 amdt 1.13; A2015‑10 s 38; A2015‑50 amdt 3.139
sub A2016‑52 s 4
Administration of the public service
pt 2 hdgsub A2016‑52 s 5
Public sector standards
div 2.1 hdg(prev pt 2 div 1 hdg) renum R3 LA
sub A2016‑52 s 6
Meaning of public service job—div 2.1
s 6sub A2016‑52 s 6
Meaning of public sector values
s 7sub A2016‑52 s 6
Meaning of public sector principles
s 8sub A2016‑52 s 6
Public sector conduct
s 9pars renum R4 LA
sub A2016‑52 s 6
Misconduct
s 9Ains A2011‑1 s 4
om A2016‑52 s 6
Sections 6, 7, 8 and 9 subject to other provisions
s 10om A2016‑52 s 6
Legal effect
s 11am A2011‑21 s 4
om A2016‑52 s 6
ACT Public Service
div 2.2 hdg(prev pt 2 div 2 hdg) renum R3 LA
sub A2011‑21 s 5
ACT Public Service
s 12am A1995‑51 s 5
sub A2011‑21 s 5
am A2016‑52 s 7
Administrative arrangements
div 2.3 hdg(prev pt 2 div 3 hdg) renum R3 LA
Administrative units
s 13am A1999‑55 sch; A2001‑44 amdt 1.3483; A2009‑49 amdt 3.136
sub A2011‑21 s 6
am A2016‑52 s 8
Ministerial responsibility and functions of administrative units
s 14am A1999‑55 sch; A2001‑44 amdt 1.3484, amdt 1.3485; A2009‑49 amdt 3.137; A2012‑21 amdt 3.129
sub A2016‑52 s 9
am A2021-3 s 35
Machinery of government changes—officers
s 15am A2011‑21 s 7, s 130; A2016‑52 s 10; ss renum R40 LA
Machinery of government changes—employees
s 16am A2011‑21 s 130; A2016‑52 s 11
The public service
pt 3 hdgsub A2016‑52 s 12
Members of the service
div 3.1 hdg(prev pt 3 div 1 hdg) renum R3 LA
sub A2016‑52 s 12
Head of service functions
s 17sub A2016‑52 s 12
Delegation by head of service
s 18am A1999‑55 sch; A2001‑44 amdt 1.3486; A2002‑11 amdt 2.80; A2007‑3 amdt 3.430; ss renum R21 LA
sub A2016‑52 s 12
Directors-general functions
s 19om A2007‑3 amdt 3.431
ins A2016‑52 s 12
Delegation by director-general
s 20am A2011‑21 s 8, s 9; pars renum R28 LA
sub A2016‑52 s 12
Exercise of certain director-general functions by head of Access Canberra
s 21am A2005‑42 s 5; A2011‑21 ss 10-12; A2012‑26 amdt 1.37, amdt 1.38; ss renum R31 LA
sub A2016‑52 s 12
am A2017‑4 amdts 3.139-3.142
Executive functions
s 22am A1998‑54 sch; A2002‑11 amdt 2.81, amdt 2.82
sub A2005‑53 amdt 1.125; A2016‑52 s 12
Investigative powers of commissioner and Legislative Assembly entities
s 22AA hdgsub A2013-41 amdt 1.31
s 22AAins A2012‑26 amdt 1.39
am A2013-41 amdt 1.32, amdt 1.33
om A2016‑52 s 12
Witness expenses
s 22Ains A2005‑53 amdt 1.125
om A2016‑52 s 12
Establishment of offices
s 23sub A2016‑52 s 12
Office of head of service
s 23Ains A2011‑21 s 13
om A2016‑52 s 12
Head of service—functions
s 23Bins A2011‑21 s 13
om A2016‑52 s 12
Head of service—engagement
s 23Cins A2011‑21 s 13
om A2016‑52 s 12
Head of service may also be engaged as director-general of Chief Minister’s administrative unit
s 23Dins A2011‑21 s 13
om A2016‑52 s 12
Head of service—contract variation
s 23Eins A2011‑21 s 13
om A2016‑52 s 12
Head of service—early termination of contract
s 23Fins A2011‑21 s 13
om A2016‑52 s 12
Head of service—effect of contract on responsibilities of Ministers
s 23Gins A2011‑21 s 13
om A2016‑52 s 12
Head of service—application of merit principle to re‑engagements
s 23Hins A2011‑21 s 13
om A2016‑52 s 12
Head of service—notice or payment if not re-engaged
s 23Iins A2011‑21 s 13
om A2016‑52 s 12
Head of service—temporary contract
s 23Jins A2011‑21 s 13
om A2016‑52 s 12
Head of service—termination of temporary contract
s 23Kins A2011‑21 s 13
om A2016‑52 s 12
Head of service—variation of temporary contract
s 23Lins A2011‑21 s 13
om A2016‑52 s 12
Head of service—presentation of contract and contract variations
s 23Mins A2011‑21 s 13
om A2016‑52 s 12
Head of service—transfer or assignment
s 23Nins A2011‑21 s 13
om A2016‑52 s 12
Head of service—notification of head of service’s engagement etc
s 23Oins A2011‑21 s 13
om A2016‑52 s 12
Head of service—paid employment outside the service
s 23Pins A2011‑21 s 13
om A2016‑52 s 12
Head of service—engagement or transfer not affected by defect etc
s 23Qins A2011‑21 s 13
om A2016‑52 s 12
Officers
s 24sub A2005‑44 s 5
am A2011‑21 s 14
sub A2016‑52 s 12
Employees
s 25sub A2005‑44 s 5
am A2007‑37 amdt 2.12; A2009‑49 amdt 3.138; A2011‑21 s 15; A2012‑26 amdt 1.40; A2013‑25 amdt 1.2
sub A2016‑52 s 12
Management of the service
div 3.2 hdg(prev pt 3 div 2 hdg) renum R3 LA
sub A2016‑52 s 12
Management strategies for the service
s 26am A1995‑51 s 6
sub A2005‑44 s 5
am A2011‑21 s 16; ss renum R28 LA
sub A2016‑52 s 12
Application of the merit and equity principle
s 27sub A2011‑21 s 17
sub A2016‑52 s 12
Establishment of joint council
s 28 hdgsub A2005‑44 s 6
s 28sub A1995‑51 s 7
am A2005‑44 s 7; A2009‑49 amdt 3.139
sub A2011‑21 s 17; A2016‑52 s 12
Directors-general—functions
s 28AAins A2005‑44 s 8
(3), (4) exp 8 September 2006 (s 28AA (4))
sub A2011‑21 s 17
om A2016‑52 s 12
Directors-general—contract variation
s 28ABins A2011‑21 s 17
om A2016‑52 s 12
Directors-general—early termination of contract
s 28A hdgsub A2011‑21 s 18
s 28Ains A1995‑51 s 7
am A2007‑3 amdt 1.2; A2011‑21 s 123, s 128
om A2016‑52 s 12
Directors-general—effect of contracts on responsibilities of Ministers
s 28B hdgsub A2011‑21 s 19
s 28Bins A1995‑51 s 7
om A2016‑52 s 12
Directors-general—application of merit principle to re‑engagements
s 28C hdgsub A2011‑21 s 20
s 28Cins A1995‑51 s 7
am A2011‑21 s 123, s 129
om A2016‑52 s 12
Directors-general—notice or payment if not re-engaged
s 28D hdgsub A2011‑21 s 21
s 28Dins A2005‑44 s 9
(7), (8) exp 8 September 2006 (s 28D (8))
am A2011‑21 s 123, s 127, s 129
om A2016‑52 s 12
Notification of certain employment matters
s 29sub A2005‑44 s 10
om A2011‑21 s 22
ins A2016‑52 s 12
Head of service
div 3.2A hdg ins A2011‑21 s 13
om A2016‑52 s 12
Exercise of head of service powers in relation to certain public employees
div 3.3 hdg(prev pt 3 div 3 hdg) renum R3 LA
am A2011‑21 s 124
om A2016‑52 s 12
Directors‑general
div 3.4 hdg(prev pt 3 div 4 hdg) renum R3 LA
am A2011‑21 s 127
om A2016‑52 s 12
Powers of delegation
div 3.5 hdg(prev pt 3 div 5 hdg) renum R3 LA
om A2016‑52 s 12
Constitution and role of senior executive service
pt 3 div 6 hdg om A1995‑51 s 9
Exercise of certain functions by head of Access Canberra
div 3.6 hdgins A2015‑33 amdt 2.1
om A2016‑52 s 12
Whole-of-government management responsibilities
div 3.7 hdg(prev pt 3 div 7 hdg) renum R3 LA
om A2016‑52 s 12
Legislative Assembly—clerk and secretariat
div 3.8 hdg(prev pt 3 div 8 hdg) renum R3 LA
sub A2005‑42 s 6
om A2012‑26 amdt 1.42
Engagement of senior executive service
pt 4 hdgsub A2016‑52 s 12
Definitions—pt 4
s 30 hdgsub A2005‑44 s 11
am A2011‑21 s 127
s 30sub A1995‑51 s 8
am A2005‑44 s 12, s 13; A2011‑21 s 23, s 123
sub A2016‑52 s 12
def SETs ins A2016‑52 s 12
def statutory employment terms ins A2016‑52 s 12
am A2018‑42 amdt 3.83
Directors‑general—variation of temporary contracts
s 30A hdgam A2011‑21 s 127
s 30Ains A2005‑44 s 14
(3), (4) exp 8 September 2006 (s 30A (4))
am A2011‑21 s 24
om A2016‑52 s 12
Engagement of SES member
s 31sub A1995‑51 s 8
am A2005‑44 s 15
sub A2011‑21 s 25; A2016‑52 s 12
Directors-general—presentation of contracts and variations of contracts
s 31A hdgsub A2011‑21 s 26
s 31Ains A1995‑51 s 8
om A2016‑52 s 12
Record about SES member
s 32 hdgsub A2005‑44 s 16; A2011‑21 s 27
s 32sub A1995‑51 s 8
am A2011‑21 s 123
sub A2016‑52 s 12
Change to SES member’s SETs
s 33 hdgsub A2011‑21 s 28
s 33sub A1995‑51 s 8
am A2011‑21 s 123
sub A2016‑52 s 12
Directors‑general—transfer or assignment
s 33Ains A2005‑44 s 17
(7), (8) exp 8 September 2006 (s 33A (8))
am A2011‑21 s 123, s 127, s 129
om A2016‑52 s 12
Directors-general—transfers or assignments under s 33A not affected by defects etc
s 33B hdgsub A2011‑21 s 29
s 33Bins A2005‑44 s 17
om A2016‑52 s 12
Circumstances when SETs must be changed
s 34 hdgsub A2011‑21 s 30
s 34sub A1995‑51 s 8
am A1999‑55 sch
sub A2005‑44 s 18
am A2011‑21 s 127, s 129
sub A2016‑52 s 12
Circumstances when SETs may be changed
s 35 hdgsub A2011‑21 s 31
s 35am A2011‑21 s 123, s 129
sub A2016‑52 s 12
SETs changed by change in administrative arrangements
s 36am A2007‑3 amdt 3.432
sub A2011‑21 s 32; A2016‑52 s 12
Delegation by head of service
s 36Ains A2011‑21 s 32
om A2016‑52 s 12
Delegation by commissioner
s 36Bins A2011‑21 s 32
om A2016‑52 s 12
Delegation by directors-general
s 36Cins A2011‑21 s 32
om A2016‑52 s 12
Delegations by head of service, commissioner and directors-general—generally
s 36Dins A2011‑21 s 32
om A2016‑52 s 12
Suspension of SES member
s 37sub A1996‑24 s 5
am A2012‑21 amdt 3.129
sub A2016‑52 s 12
Exercise of certain functions by head of Access Canberra
s 37Ains A2015‑33 amdt 2.1
om A2016‑52 s 12
End of SES member’s engagement
s 38om A1995‑51 s 9
ins A2016‑52 s 12
SES member may resign
s 39sub A2016‑52 s 12
def access and equity principle om A2016‑52 s 12
def access and equity program om A2016‑52 s 12
def designated group am A2005‑20 amdt 3.329
sub A2011‑1 s 5
am A2011‑52 amdt 3.166, amdt 3.167
om A2016‑52 s 12
def disability ins A2005‑20 amdt 3.330
om A2016‑52 s 12
def discrimination om A2016‑52 s 12
def employment matters om A2016‑52 s 12
def equal employment opportunity program om A2016‑52 s 12
def industrial democracy program om A2016‑52 s 12
End of engagement by resignation—abandonment of engagement by SES member
s 40am A2011‑1 s 6; A2011‑21 s 33, s 34
sub A2016‑52 s 12
Loss of eligibility
s 41am A2011‑1 s 7; A2011‑21 s 35, s 36
sub A2016‑52 s 12
Invalidity retirement
s 42am A2011‑1 s 8; A2011‑21 s 37, s 38
sub A2016‑52 s 12
Development of programs in autonomous instrumentalities
s 43am A1996‑24 s 6; A2011‑21 s 39; A2012‑26 amdt 1.41; A2013–41 amdt 1.34
om A2016‑52 s 12
Joint council
s 44am A2011‑1 s 9
om A2016‑52 s 12
Definitions for div 3.8
s 45sub A2005‑42 s 7
om A2012‑26 amdt 1.42
def clerk sub A2005‑42 s 7
om A2012‑26 amdt 1.42
def secretariat ins A2005‑42 s 7
om A2012‑26 amdt 1.42
def Speaker om R3 LA
Clerk of Legislative Assembly
s 46am A1995‑56 sch; ss renum R4 LA
sub A2005‑42 s 8
om A2012‑26 amdt 1.42
Leave of absence
s 47om A2012‑26 amdt 1.42
Disclosure of interests by clerk
s 48sub A2005‑42 s 9
om A2012‑26 amdt 1.42
Resignation
s 49om A2012‑26 amdt 1.42
Suspension and ending of appointment of clerk
s 50sub A2005‑42 s 10
om A2012‑26 amdt 1.42
Retirement
s 51(4) exp 4 March 1996 (s 51 (5))
(5) om R3 LA
am A2005‑42 s 11; A2007‑3 amdt 1.3
om A2012‑26 amdt 1.42
Terms and conditions generally
s 52om A2012‑26 amdt 1.42
Acting appointment as clerk
s 53sub A2005‑42 s 12
om A2016‑52 s 12
Legislative Assembly secretariat
s 53Ains A2005‑42 s 12
om A2012‑26 amdt 1.42
Legislative Assembly—staff
s 54sub A2011‑21 s 40
om A2012‑26 amdt 1.42
Creation and abolition of executive offices
div 4.1 hdg(prev pt 4 div 1 hdg) sub A1995‑51 s 10
renum R3 LA
om A2016‑52 s 12
Creation and abolition of offices
s 54Ains A1995‑51 s 10
am A1996‑24 s 7; A2011‑21 s 41, s 122; ss renum R28 LA
om A2016‑52 s 12
Creation and abolition of non‑executive offices
div 4.1A hdg (prev pt 4 div 1A hdg) ins A1995‑51 s 10
renum R3 LA
sub A2011‑21 s 42
om A2016‑52 s 12
Meaning of office—div 4.1A
s 54Bins A1995‑51 s 10
sub A2011‑21 s 43
om A2016‑52 s 12
Creation and abolition of offices
s 55am A2011‑21 s 44
om A2016‑52 s 12
Classification of offices and officers
s 56am A2009‑49 amdt 1.23; A2011‑21 s 130; A2011‑52 amdt 3.168
om A2016‑52 s 12
Senior executive service classifications
s 57am A1995‑7 sch
om A1995‑51 s 11
Reclassification of offices
s 58am A2011‑21 s 45, s 130
om A2016‑52 s 12
Reclassification of offices in autonomous instrumentalities
s 59sub A1995‑7 sch
am A1996‑24 s 8
om A2011‑21 s 46
Part-time offices
div 4.2 hdg(prev pt 4 div 2 hdg) renum R3 LA
om A2016‑52 s 12
Meaning of office—div 4.2
s 59Ains A1995‑51 s 12
sub A2011‑21 s 47
om A2016‑52 s 12
Part-time offices
s 60am A2011‑21 s 125
om A2016‑52 s 12
Hours of attendance of part-time officers
s 61om A2016‑52 s 12
Hours of attendance of certain unattached officers
s 62am A2011‑21 s 48, s 131
om A2016‑52 s 12
Employment of officers and employees
pt 5 hdgsub A2016‑52 s 13
Preliminary
div 5.1 hdg(prev pt 5 div 1 hdg) renum R3 LA
Definitions—pt 5
s 63am A2007‑3 amdt 3.433; A2011‑52 amdt 3.169, amdt 3.170; ss renum R29 LA
sub A2016‑52 s 14
def appellable classification ins A2016‑52 s 14
def joint selection committee ins A2016‑52 s 14
def unsuitability criteria ins A2016‑52 s 14
Application to autonomous instrumentalities
s 64sub A1995‑7 sch; A1996‑24 s 9
am A2011‑21 s 130
om A2016‑52 s 15
Change to office
div 5.2 hdg(prev pt 5 div 2 hdg) renum R3 LA
sub A2016‑52 s 16
Reclassification of office
s 65am A1995‑51 s 13; pars renum R4 LA; A2005‑44 s 19; pars renum R16 LA (see A2005‑44 s 20)
sub A2011‑1 s 10
am A2011‑21 s 49, s 50, s 131; pars renum R28 LA; A2011‑52 amdt 3.171
sub A2016‑52 s 16
Reclassification of office—returning LAMS officer
s 65Ains A2001‑57 s 10
om A2016‑52 s 16
ins A2017‑4 amdt 1.19
Part-time office
s 66am A1999‑55 sch; A2011‑21 s 130
sub A2016‑52 s 16
Appointment of officers
div 5.3 hdg(prev pt 5 div 3 hdg) am A1995‑51 s 14
renum R3 LA
Application—div 5.3
s 66Ains A1995‑51 s 15
sub A2011‑21 s 51
om A2016‑52 s 17
Employment in the service
s 67am A1995‑51 s 16; A2003‑62 s 4; A2004‑28 amdt 3.55; A2009‑49 amdt 3.140; A2011‑21 s 52; pars renum R28 LA
om A2016‑52 s 17
Appointment to vacant office
s 68 hdgsub A2016‑52 s 18
s 68am A1995‑7 sch; A1995‑51 s 17; A2011‑21 s 53, s 131; A2011‑45 amdt 1.25; A2016‑52 ss 19-21; A2019‑36 s 4; A2024‑48 s 4, s 5; pars renum R53 LA
Record about officers
s 69am A1995‑51 s 18; A2011‑21 s 54
sub A2016‑52 s 22
am A2024‑48 s 6
Appointment on probation
s 70am A1995‑51 s 19; A2004‑39 amdt 5.25
sub A2011‑1 s 11
am A2011‑21 s 55, s 131; A2016‑52 s 23, s 24
Appointment on probation—prescribed training office
s 71am A1999‑55 s 5
sub A2011‑1 s 11
am A2011‑21 s 56, s 131; A2016‑52 s 25, s 26; pars renum R40 LA
Appointment on probation—teachers
s 71Ains A2011‑1 s 11
am A2011‑21 s 57, s 131; A2016‑52 s 27, s 28; ss renum R40 LA
Extension of period of probation
s 71Bins A2011‑1 s 11
am A2011‑21 s 131; A2016‑52 s 29
Appointment without probation
s 71Cins A2011‑1 s 11
am A2011‑21 s 58, s 59; A2016‑52 s 30
Engagement of executives
div 5.4 hdg(prev pt 5 div 4 hdg) sub A1995‑51 s 20
renum R3 LA
om A2016‑52 s 31
Executives—engagement
s 72 hdgsub A2005‑44 s 21
s 72sub A1995‑51 s 20
am A2005‑44 s 22; A2009‑49 amdt 3.141
om A2016‑52 s 31
Executives—contract variation
s 72Ains A2005‑44 s 23
(3), (4) exp 8 September 2006 (s 72A (4))
om A2016‑52 s 31
Early termination of contract
s 73sub A1995‑51 s 20
am A2007‑3 amdt 1.4
om A2016‑52 s 31
Effect of contracts on responsibilities of Ministers
s 74sub A1995‑51 s 20
om A2016‑52 s 31
Application of merit principle to re-engagements
s 75sub A1995‑7 sch; A1995‑51 s 20
am A2011‑21 s 122
om A2016‑52 s 31
Notice or payment if executive not re-engaged
s 75Ains A2005‑44 s 24
(7), (8) exp 8 September 2006 (s 75A (8))
am A2011‑21 s 60, s 61, s 131
om A2016‑52 s 31
Executives—temporary contracts
s 76 hdgsub A2005‑44 s 25
s 76sub A1995‑51 s 20
am A2005‑44 s 26, s 27
om A2016‑52 s 31
Executives—variation of temporary contracts
s 76Ains A2005‑44 s 28
(3), (4) exp 8 September 2006 (s 76A (4))
om A2016‑52 s 31
Chief executive officer, Calvary
s 77sub A1995‑51 s 20; A2005‑44 s 29
om A2016‑52 s 31
Executives—negotiation and execution of contracts
s 78sub A1995‑51 s 20
am A2005‑44 s 30, s 31
sub A2011‑21 s 62
om A2016‑52 s 31
Tabling of contracts and variations of contracts
s 79sub A1995‑51 s 20
om A2016‑52 s 31
Executive engagements not affected by defects etc
s 80 hdgsub A2005‑44 s 32
s 80sub A1995‑51 s 20
om A2016‑52 s 31
Executives—transfer or assignment
s 80Ains A2005‑44 s 33
(6), (7) exp 8 September 2006 (s 80A (7))
am A2011‑21 s 63, s 64, s 131
om A2016‑52 s 31
Executive transfers or assignments under s 80A not affected by defects etc
s 80Bins A2005‑44 s 33
om A2016‑52 s 31
Notification of executive’s engagement etc
s 81sub A1995‑51 s 20
am A1999‑55 sch
sub A2005‑44 s 34
am A2011‑21 s 122
om A2016‑52 s 31
Promotion of officers
div 5.5 hdg(prev pt 5 div 5 hdg) am A1995‑51 s 21
renum R3 LA
sub A2011‑1 s 12
Definitions—div 5.5
s 82sub A1995‑51 s 22; A2011‑1 s 13
om A2016‑52 s 32
def appellable level position ins A2011‑1 s 13
om A2016‑52 s 32
def joint selection committee ins A2011‑1 s 13
om A2016‑52 s 32
def office ins A2011‑1 s 13
sub A2011‑21 s 65
om A2016‑52 s 32
Promotion to vacant office
s 83am A1995‑51 s 23; A1999‑55 sch
sub A2011‑1 s 13; A2011‑21 s 66; A2016‑52 s 33
am A2019‑36 s 5
Promotion appeal
s 84sub A2011‑1 s 13
am A2016‑52 s 34
Promotion appeal by excess officer
s 85am A1999‑55 sch
sub A2011‑1 s 13
am A2011‑21 s 131; A2016‑52 ss 35-37
Review of certain promotion decisions
s 86sub A2011‑1 s 13
am A2011‑21 s 124, s 131; A2016‑52 s 38, s 39
Promotion on advice of joint selection committee
s 87am A1995‑51 s 24
sub A2011‑1 s 13
am A2011‑21 s 67, s 124; A2016‑52 ss 40-42; ss renum R40 LA
How promotions take effect
s 88am A1995‑51 s 25; A1999‑55 sch
sub A2011‑1 s 13
Death of officer before appeal or review decided
s 89am A1995‑51 s 26; A1999‑55 sch
sub A2011‑1 s 13; A2016‑52 s 43
Cancellation of promotion
s 90sub A2011‑1 s 13
am A2011‑21 s 126; A2016‑52 s 44
Transfer of officers
div 5.6 hdg(prev pt 5 div 6 hdg) am A1995‑51 s 27
renum R3 LA
om A2011‑1 s 15
ins A2011‑1 s 13
Definitions—div 5.6
s 91ins A2011‑1 s 13
om A2016‑52 s 45
def appellable level position ins A2011‑1 s 13
om A2016‑52 s 45
def joint selection committee ins A2011‑1 s 13
om A2016‑52 s 45
def office ins A2011‑1 s 13
sub A2011‑21 s 68
om A2016‑52 s 45
Transfer to vacant office
s 92sub A2011‑1 s 13
am A2011‑21 s 69, s 131
sub A2016‑52 s 46
am A2018‑42 amdt 3.84; A2019‑36 s 6
Simultaneous transfer within administrative unit
s 93sub A2011‑1 s 13
am A2011‑21 s 70, s 131; A2016‑52 s 47, s 48; A2019‑36 s 7
Transfer between administrative units
s 94sub A2011‑1 s 13; A2011‑21 s 71
am A2016‑52 s 49; A2019‑36 s 8
Management initiated transfer—within administrative unit
s 95sub A2011‑1 s 13
am A2011‑21 s 72
om A2016‑52 s 50
Management initiated transfer—between administrative units
s 96sub A2011‑1 s 13
am A2011‑21 s 73, s 130
om A2016‑52 s 50
Management initiated transfer—additional consultation if transfer of 2 or more officers
s 96Ains A2011‑1 s 13
am A2011‑21 s 130
om A2016‑52 s 50
Transfer on advice of joint selection committee
s 96Bins A2011‑1 s 13
am A2011‑21 s 74, s 75, s 124; ss renum R28 LA
How transfer takes effect
s 96Cins A2011‑1 s 13
Cancellation of transfer
s 96Dins A2011‑1 s 13
am A2011‑21 s 126
Transfers and promotions to specified offices may be made in accordance with order of passing examinations
s 97am A1999‑55 sch; A2001‑44 amdts 1.3487-1.3489; A2009‑49 amdt 3.142; A2011‑21 s 76, s 130
om A2016‑52 s 51
Promotion of officers who complete courses of training for special positions
s 98am A1999‑55 sch; A2011‑1 s 14; A2011‑21 s 77, s 121, s 130; A2011‑52 amdts 3.172-3.174
om A2016‑52 s 51
Definitions for div 5.6
s 99om A2011‑1 s 16
def appellable promotion om A2011‑1 s 16
def direction om A2011‑1 s 16
def notified om A2011‑1 s 16
def office am A1995‑51 s 28
om A2011‑1 s 16
def specified om A2011‑1 s 16
Temporary transfer
s 100sub A2011‑1 s 17
am A2011‑21 s 78, s 79, s 131
Notification of certain temporary transfers to higher office
s 101sub A2011‑1 s 17
am A2011‑21 s 121, s 124; A2016‑52 s 52
Appeal against temporary transfer to higher office
s 102sub A2011‑1 s 17
am A2016‑52 s 52
Lapsing or discontinuing of appeal
s 103sub A2011‑1 s 17
am A2011‑21 s 80
Temporary transfer if appeal successful
s 104sub A2011‑1 s 17
am A2011‑21 s 131
Other movement within the service
div 5.7 hdg(prev pt 5 div 7 hdg) renum R3 LA
sub A2011‑1 s 18; A2016‑52 s 53
Promotion or transfer after passing examination
s 105sub A2011‑1 s 18; A2011‑21 s 81; A2016‑52 s 53
Training offices
s 106am A1995‑51 s 29
sub A2011‑1 s 18
am A2011‑21 s 82
sub A2016‑52 s 53
Promotion or transfer to training office
s 107sub A2011‑1 s 19
am A2011‑21 s 83, s 131
sub A2016‑52 s 53
Movement within administrative unit
s 108sub A2011‑1 s 19
am A2011‑21 s 84, s 124, s 131
sub A2016‑52 s 53
am A2018‑42 amdt 3.84
Movement between administrative units
s 109am A2011‑21 s 121
sub A2016‑52 s 53
am A2018‑42 amdt 3.84
Temporary employment
div 5.8 hdg(prev pt 5 div 8 hdg) renum R3 LA
sub A2016‑52 s 53
Fixed term temporary employment
s 110sub A2016‑52 s 53
am A2024‑48 s 7
Casual temporary employment
s 111am A2011‑21 s 130
sub A2016‑52 s 53
Work performed after end of temporary employment
s 112sub A2011‑1 s 20
am A2011‑21 s 85, s 124, s 131
sub A2016‑52 s 53
Temporary employee on maternity leave
s 112Ains A2011‑1 s 20
om A2016‑52 s 53
Record about employees
s 113sub A2016‑52 s 53
Unattached officers
div 5.9 hdgins A2016‑52 s 53
Becoming unattached officer
s 114am A1995‑51 s 30; A2009‑49 amdt 3.143; A2011‑21 s 86, s 87; pars renum R28 LA
sub A2016‑52 s 53
Becoming unattached officer on medical grounds
s 115am A1995‑51 s 31; A1999‑55 sch
om A2011‑1 s 21
ins A2016‑52 s 53
Mobility rights of certain employees of ACTEW Corporation Limited
s 115A hdgam A1996‑33 note
s 115Ains A1995‑7 sch
om A2011‑1 s 21
Appointment as unattached officer
s 116sub A1995‑51 s 32
am A1999‑55 s 6
om A2011‑1 s 21
ins A2016‑52 s 53
Reappointment as unattached officer
s 117am A1995‑51 s 33; A2009‑49 amdt 3.144; A2011‑21 s 88, s 89, s 121; ss renum R28 LA
sub A2016‑52 s 53
Secondment
div 5.10 hdgins A2016‑52 s 53
Secondment to the service
s 118am A1995‑51 s 34; ss renum R4 LA; A2011‑21 s 90, s 126
sub A2016‑52 s 53
Quashing etc of conviction
s 118Ains A2011‑1 s 22
am A2011‑21 s 91, s 92, s 124, s 131; ss renum R28 LA
om A2016‑52 s 53
Secondment of public servant to another employer
s 119am A2011‑21 s 93, s 130; ss renum R28 LA
sub A2016‑52 s 53
Redeployment, underperformance and end of employment of officers
pt 6 hdgsub A2011‑1 s 24; A2016‑52 s 54
Definitions—pt 6
s 120am A2011‑21 s 130
sub A2016‑52 s 53
def confirmed officer ins A2016‑52 s 54
def incapacitated ins A2016‑52 s 54
def ineligible ins A2016‑52 s 54
Retirement
s 121am A2011‑21 s 130
sub A2016‑52 s 53
Redeployment
s 122om A1995‑51 s 35
ins A2011‑1 s 23
am A2011‑21 s 131
sub A2016‑52 s 53
Reduction in classification or retirement
s 123om A1995‑51 s 35
ins A2016‑52 s 54
Limitation on retirement on ground of invalidity
s 124om A1995‑51 s 35
ins A2016‑52 s 54
End of employment if visa no longer held
s 124Ains A2024‑48 s 8
Underperformance
s 125om A1995‑51 s 35
ins A2016‑52 s 54
End of employment for misconduct
s 126om A1995‑51 s 35
ins A2016‑52 s 54
Forfeiture of office
s 127om A1995‑51 s 35
ins A2016‑52 s 54
Retirement and redeployment of chief executives
pt 6 div 1 hdg om A1995‑51 s 35
Retirement and redeployment of senior executive service officers
pt 6 div 2 hdg om A1995‑51 s 35
Retirement and redeployment of officers other than chief executives and executives
div 6.3 hdg(prev pt 6 div 3 hdg) am A1995‑51 s 36
renum R3 LA
om R4 LA
Re-entry to the service
pt 7 hdgom A2011‑1 s 28
ins A2016‑52 s 54
Preliminary
div 7.1 hdgins A2016‑52 s 54
Definitions—pt 7
s 128om A1995‑51 s 35
ins A2016‑52 s 54
def declaration ins A2016‑52 s 54
def election candidate ins A2016‑52 s 54
def exonerated ins A2016‑52 s 54
def unsuccessful election candidate ins A2016‑52 s 54
Former SES member
div 7.2 hdgins A2016‑52 s 54
Limitation on re-engagement of SES member
s 129om A1995‑51 s 35
ins A2016‑52 s 54
Re-engagement of SES member after abandonment of employment
s 130om A1995‑51 s 35
ins A2016‑52 s 54
Re-engagement of SES member if unsuccessful election candidate
s 131om A1995‑51 s 35
ins A2016‑52 s 54
Re-engagement of SES member after quashing etc of conviction
s 132om A1995‑51 s 35
ins A2016‑52 s 54
Former officers
div 7.3 hdgins A2016‑52 s 54
Reappointment of former excess officer
s 133om A1995‑51 s 35
ins A2016‑52 s 54
No engagement or employment of certain former excess officers in certain circumstances
s 134om A1995‑51 s 35
ins A2016‑52 s 54
Reappointment of officer after forfeiture of office
s 135om A1995‑51 s 35
ins A2016‑52 s 54
Reappointment of officer if unsuccessful election candidate
s 136om A1995‑51 s 35
ins A2016‑52 s 54
Reappointment of officer after quashing etc of conviction
s 137om A1995‑51 s 35
ins A2016‑52 s 54
No reappointment of former officer in certain circumstances
s 138om A1995‑51 s 35
ins A2016‑52 s 54
Former employee
div 7.4 hdgins A2016‑52 s 54
Re-employment of employee if unsuccessful election candidate
s 139sub A2011‑1 s 25; A2016‑52 s 54
def essential qualification ins A2011‑1 s 25
om A2016‑52 s 54
def excess officer ins A2011‑1 s 25
am A2011‑21 s 130
om A2016‑52 s 54
def not qualified to perform dutiesins A2011‑1 s 25
om A2016‑52 s 54
def officer sub A1995‑51 s 37; A2011‑1 s 25
am A2011‑21 s 94; pars renum R28 LA
om A2016‑52 s 54
def underperformance ins A2011‑1 s 25
om A2016‑52 s 54
Re-employment of employee after quashing etc of conviction
s 140sub A2011‑21 s 95; A2016‑52 s 54
Re-employment after maternity leave
s 141sub A2016‑52 s 54
am A2019‑36 s 9
The public sector
pt 8 hdgom A2011‑1 s 29
ins A2016‑52 s 54
Public Sector Standards Commissioner
div 8.1 hdgins A2016‑52 s 54
Appointment of commissioner
s 142 hdgom R3 LA
s 142(1)-(4) exp 4 March 1996 (s 142 (5))
(5) om R3 LA
ins A2016‑52 s 54
Arrangements for commissioner from another jurisdiction to exercise functions
s 143sub A2011‑1 s 26
am A2011‑21 s 96, s 97, s 124, s 131, s 132; A2012‑26 amdt 1.43, amdt 1.44; ss renum R31 LA
sub A2016‑52 s 54
am A2020-46 amdt 1.10
Independence of commissioner
s 143Ains A2024‑15 s 5
Functions of commissioner
s 144sub A2011‑1 s 26
am A2011‑21 s 131
sub A2016‑52 s 54
Leave of absence for commissioner
s 145sub A2007‑3 amdt 1.5; A2016‑52 s 54
Suspension and removal of commissioner
s 146am A2004‑39 amdt 5.25; A2011‑21 s 131
sub A2016‑52 s 54
Ending commissioner’s appointment without suspension
s 147sub A2011‑1 s 27; A2016‑52 s 54
Arrangements for staff and facilities
s 148am A1995‑51 s 38
om A2011‑1 s 28
ins A2016‑52 s 54
def redundancy am A1995‑51 s 38
om A2011‑1 s 28
Delegation by commissioner
s 149om A2011‑1 s 28
ins A2016‑52 s 54
Independence of public employees exercising commissioner functions
s 149Ains A2024‑15 s 6
Public sector members
div 8.2 hdgins A2016‑52 s 54
Meaning of public sector member etc
s 150om A2011‑1 s 28
ins A2016‑52 s 54
am A2023-37 amdt 1.20, amdt 1.21
Public sector standards for public sector member etc
s 151om A2011‑1 s 28
ins A2016‑52 s 54
am A2018‑42 amdt 3.85
Certain office-holders have management powers
s 152om A2011‑1 s 28
ins A2016‑52 s 54
am A2017‑4 amdt 1.20, amdt 3.143; pars renum R41 LA; A2018‑42 amdts 1.25-1.29; ss renum R44 LA
(7), (8) exp 1 September 2021 (s 152 (8))
am A2024-47 s 99
Application of whole-of-government strategies
s 153om A2011‑1 s 28
ins A2016‑52 s 54
Alleged misconduct by statutory office-holder etc
s 154om A2011‑1 s 28
ins A2016‑52 s 54
Alleged mismanagement of public sector employer’s staff etc
s 155om A2011‑1 s 28
ins A2016‑52 s 54
Prescribed public sector member
s 156am A2005‑20 amdt 3.331
om A2011‑1 s 28
ins A2016‑52 s 54
Calvary public hospital staff
div 8.3 hdgins A2017‑4 amdt 1.21
om A2023-17 amdt 2.10
Calvary public hospital staff
s 157om A2011‑1 s 28
ins A2017‑4 amdt 1.21
am A2018‑42 amdt 1.30
om A2023-17 amdt 2.10
Long service leave and payments instead of long service leave
s 158om A2011‑1 s 28
Extended leave or pay instead of leave for officers not entitled to long service leave
s 159om A2011‑1 s 28
Calculation of long service leave credit
s 160om A2011‑1 s 28
Application of s 160
s 161om A2011‑1 s 28
Rate of salary while absent on long service leave
s 162om A2011‑1 s 28
Rate of salary in relation to pay instead of leave
s 163om A2011‑1 s 28
Long service leave benefits not to be granted under other laws
s 164om A2011‑1 s 28
Additional provisions relating to death of officer
s 165om A2011‑1 s 28
Provisions relating to members of the teaching service
s 166om A2011‑1 s 28
Definitions—pt 8
s 167om A2011‑1 s 29
def confinement om A2011‑1 s 29
def leave officer om A2011‑1 s 29
def maternity leave om A2011‑1 s 29
def officer om A2011‑1 s 29
def unauthorised absence om A2011‑1 s 29
People in relation to whom pt 8 applies
s 168om A2011‑1 s 29
Absence on maternity leave
s 169om A2011‑1 s 29
Entitlement to paid maternity leave
s 170om A2011‑1 s 29
Unauthorised absences
s 171am A2011‑21 s 131
om A2011‑1 s 29
Absence on leave without pay
s 172am A2011‑21 s 131
om A2011‑1 s 29
Officers may continue to perform, or resume, duty in certain circumstances
s 173am A2004‑39 amdt 5.25
om A2011‑1 s 29
Other applications to resume duty
s 174am A2011‑21 s 130
om A2011‑1 s 29
Grant of maternity leave not to affect continuity of service
s 175om A2011‑1 s 29
Officers on maternity leave
s 176am A2011‑21 s 124, s 131
om A2011‑1 s 29
Temporary employees on maternity leave
s 177om A2011‑1 s 29
Interpretation for pt 9
s 178om A2011‑1 s 30
def disciplinary appeal committee om A2011‑1 s 30
def eligible public employment om A2011‑1 s 30
def employment om A2011‑1 s 30
def misconduct om A2011‑1 s 30
def original office om A2011‑1 s 30
def public office om A2011‑1 s 30
def salary om A2011‑1 s 30
Meaning of failure to fulfil duty as officer
s 179am A1995‑51 s 39
om A2011‑1 s 30
Interpretation
s 180om A1995‑51 s 40
Disciplinary action in relation to chief executives
s 181om A1995‑51 s 40
Conviction by courts of chief executives
s 182om A1995‑51 s 40
Suspension of chief executives
s 183om A1995‑51 s 40
Removal and variation of suspension relating to chief executives
s 184om A1995‑51 s 40
Interpretation
s 185om A1995‑51 s 42
Disciplinary action
s 186am A1995‑51 s 43; A2005‑20 amdt 3.332
om A2011‑1 s 30
Inquiries into misconduct
s 187am A1995‑51 s 44
om A2011‑1 s 30
Convictions by courts
s 188om A2011‑1 s 30
Suspension
s 189am A1995‑51 s 45
om A2011‑1 s 30
Removal and variation of suspension
s 190am A1995‑51 s 46
om A2011‑1 s 30
Appeals
s 191om A2011‑1 s 30
Nullification of conviction
s 192om A2011‑1 s 30
Review of findings
s 193om A2011‑1 s 30
Interpretation for div 9.4
s 194om A2011‑1 s 30
def detached officer om A2011‑1 s 30
def misconduct om A2011‑1 s 30
Misconduct committed before becoming detached officer
s 195om A2011‑1 s 30
Misconduct while detached officer
s 196om A2011‑1 s 30
Criminal offences
s 197om A2011‑1 s 30
When directions for dismissal take effect
s 198om A2011‑1 s 30
Appeals
s 199om A2011‑1 s 30
Reasons to be given for making finding or giving direction etc
s 200om A2011‑1 s 30
Definitions for div 9.5
s 201om A2011‑1 s 30
def authorised officer am A1995‑51 s 48
om A2011‑1 s 30
def employee om A2011‑1 s 30
Application of pt 9 to employees
s 202om A2011‑1 s 30
Definitions for div 9.6
s 203om A2011‑1 s 30
def board of inquiry om A1995‑51 s 50
def chief executive om A2011‑1 s 30
def proceeding sub A1995‑51 s 50
om A2011‑1 s 30
def review om A2011‑1 s 30
How appeal is made to disciplinary appeal committee
s 204om A2011‑1 s 30
Time for appealing to disciplinary appeal committee
s 205am A1999‑55 sch
om A2011‑1 s 30
Giving of documents to appellants and people requesting review
s 206am A1995‑51 s 51; ss renum R4 LA; A2004‑39 amdt 5.25
om A2011‑1 s 30
Hearing to be in public except in special circumstances
s 207om A1995‑51 s 52
Witnesses
s 208om A1995‑51 s 52
Witnesses expenses
s 209om A1995‑51 s 52
Representation of parties
s 210om A1995‑51 s 52
Protection of members of boards of inquiry, witnesses etc
s 211om A1995‑51 s 52
Notification of findings of board of inquiry
s 212om A1995‑51 s 52
Payment of costs
s 213om A1995‑51 s 52
Costs of lapsed inquiry
s 214om A1995‑51 s 52
Recording of action taken
s 215am A1995‑51 s 53
om A2011‑1 s 30
Amendment of official conduct record
s 216om A2011‑1 s 30
Delegation
s 217am A2007‑3 amdt 3.434
om A2011‑1 s 30
Imprisonment
s 218am A1995‑51 s 54
om A2011‑1 s 30
Application to unattached officers performing duty in an administrative unit
s 219am A1995‑51 s 55; pars renum R4 LA
om A2011‑1 s 30
Deduction of pecuniary penalty from salary
s 220am A1996‑26 sch pt 28
om A2011‑1 s 30
Forfeiture of office
s 221am A2011‑21 s 98, s 124, s 131
Reappointment of officers taken to have retired under s 221
s 222sub A2011‑1 s 31
am A2011‑21 s 99, s 124, s 131; ss renum R28 LA
Discipline
pt 9 hdgorig pt 9 hdg
om A2011‑1 s 30
pres pt 9 hdg
(prev pt 11 hdg) sub A2011‑1 s 32
renum as pt 9 hdg A2016‑52 s 64
Definitions—pt 9
s 223sub A2011‑1 s 32
def action om A2011‑1 s 32
def appellable decision ins A2011‑1 s 32
def authorised person am A1995‑51 s 56
om A2011‑1 s 32
def decision om A2011‑1 s 32
def employee sub A1995‑51 s 56
om A2011‑1 s 32
def internal appeal officer am A1995‑51 s 56
om A2011‑1 s 32
def officer ins A2011‑1 s 32
am A2011‑21 s 100
om A2016‑52 s 55
def reviewable decision ins A2011‑1 s 32
def study bank om A2011‑1 s 32
Reviewable decision—notice and review
s 224sub A2011‑1 s 32
Appellable decision—notice and appeal
s 225sub A2011‑1 s 32
Review by merit protection agency
s 226om A2011‑1 s 32
Documents to be given by internal appeal officer
s 227om A2011‑1 s 32
Review to be under Merit Protection Act, s 42 or s 43
s 228om A2011‑1 s 32
Official directions to be carried out
s 229om A2011‑1 s 32
Application of div 11.3
s 230om A2011‑1 s 32
Investigation by internal appeal officer
s 231om A2011‑1 s 32
Investigation by merit protection agency
s 232om A2011‑1 s 32
Documents to be given by internal appeal officer
s 233om A2011‑1 s 32
Official directions to be carried out
s 234om A2011‑1 s 32
Application of Merit Protection Act
s 235am A1995‑51 s 57; A1999‑70 s 3;
A2000‑77 s 3
om A2011‑1 s 32
Interpretation
s 236om A1994‑108 s 40
Disclosure of information to auditor-general or ombudsman
s 237om A1994‑108 s 40
Disclosure of information to authorised official
s 238om A1994‑108 s 40
Disclosure of information in certain circumstances
s 239om A1994‑108 s 40
Protection of persons making disclosures under section 237, 238 or 239
s 240om A1994‑108 s 40
Preliminary
div 9.1 hdg(prev pt 9 div 1 hdg) renum R3 LA
om A2011‑1 s 30
Chief executives and certain unattached officers
pt 9 div 2 hdg om A1995‑51 s 40
Officers
div 9.3 hdg(prev pt 9 div 3 hdg) am A1995‑51 s 41
renum R3 LA
om A2011‑1 s 30
Officers employed otherwise than in the service
div 9.4 hdg(prev pt 9 div 4 hdg) renum R3 LA
om A2011‑1 s 30
Employees other than chief executives and executives
div 9.5 hdg(prev pt 9 div 5 hdg) am A1995‑51 s 47
renum R3 LA
om A2011‑1 s 30
Disciplinary appeal committees
div 9.6 hdg(prev pt 9 div 6 hdg) am A1995‑51 s 49
renum R3 LA
om A2011‑1 s 30
Miscellaneous
div 9.7 hdg(prev pt 9 div 7 hdg) renum R3 LA
om A2011‑1 s 30
Miscellaneous
pt 10 hdg(prev pt 13 hdg) renum as pt 10 hdg A2016‑52 s 64
Payment on leaving the service
s 241sub A2011‑21 s 101; A2016‑52 s 56
Authorisation to share protected information
s 242sub A2016‑52 s 56
Authorisation to share certain personal information with relevant union
s 242Ains A2019‑36 s 10
Protection of people in relation to work reports on officers or employees
s 243am A2016‑52 s 57
Work outside the service
s 244am A2011‑21 s 131
sub A2016‑52 s 58
Additional payment
s 245am A2011‑21 s 131
sub A2016‑52 s 58
Repaying overpayment
s 246am A2011‑21 s 130
sub A2016‑52 s 58; A2018-10 s 4
Impersonation etc at examinations
s 247am A1998‑54 sch
sub A2016‑52 s 58
Contracts
s 248om A2016‑52 s 58
Engagement of certain former officers and employees prohibited
s 248Ains A1995‑51 s 58
am A1999‑55 s 7; A2011‑21 s 102, s 123
om A2016‑52 s 59
Engagement of certain former directors‑general and executives prohibited
s 248Bins A2005‑44 s 35
am A2011‑21 s 103, s 104, s 127
om A2016‑52 s 59
Engagement of certain former heads of service prohibited
s 248Cins A2011‑21 s 105
om A2016‑52 s 59
Imprisonment
s 249sub A2004‑29 amdt 3.1
om A2009‑28 amdt 2.23
ins A2011‑1 s 33
am A2011‑21 s 130, s 131; A2016‑52 s 60, s 61
Attachment of salary of officers and employees
s 250am A2016‑52 s 62
Deduction of monetary penalty
s 250Ains A2011‑1 s 34
sub A2016‑52 s 63
Management standards
s 251am A1995‑51 s 59; A1996‑33 sch 1; A1999‑55 s 8; A2001‑44 amdts 1.3490-1.3494; pars renum R4 LA; A2011‑1 s 35
sub A2016‑52 s 63
am A2021‑12 amdt 1.4
Regulation-making power
s 252om A2001‑44 amdt 1.3495
ins A2003‑62 s 5
exp 31 December 2005 (s 263)
ins A2016‑52 s 63
def employee ins A2003‑62 s 5
exp 31 December 2005 (s 263)
def Totalcare ins A2003‑62 s 5
exp 31 December 2005 (s 263)
def transfer ins A2003‑62 s 5
exp 31 December 2005 (s 263)
Review and appeal
pt 11 hdgrenum as pt 9 hdg
Preliminary
div 11.1 hdg(prev pt 11 div 1 hdg) renum R3 LA
om A2011‑1 s 32
Review of certain decisions
div 11.2 hdg(prev pt 11 div 2 hdg) renum R3 LA
om A2011‑1 s 32
Investigation of grievances by merit protection agency
div 11.3 hdg(prev pt 11 div 3 hdg) renum R3 LA
om A2011‑1 s 32
Merit protection
div 11.4 hdg(prev pt 11 div 4 hdg) renum R3 LA
om A2011‑1 s 32
Whistle blowing
pt 12 hdgom A1994‑108 s 40
Miscellaneous
pt 13 hdgrenum as pt 10 hdg
Totalcare
pt 14 hdgins A2003‑62 s 5
exp 31 December 2005 (s 263)
Transfer of employees
s 253am A1999‑55 sch
om A2001‑44 amdt 1.3495
ins A2003‑62 s 5
exp 31 December 2005 (s 263)
How rest of Act applies
s 254ins A2003‑62 s 5
exp 31 December 2005 (s 263)
Employees appointed on probation
s 255ins A2001‑44 amdt 1.3496 (amdt 1.3496 om A2002‑30 amdt 3.577 before commencement)
ins A2003‑62 s 5
exp 31 December 2005 (s 263)
Entitlements of transferred employees
s 256ins A2003‑62 s 5
exp 31 December 2005 (s 263)
Later appointment of temporary employees
s 257ins A2003‑62 s 5
exp 31 December 2005 (s 263)
Transfer of personnel files
s 258ins A2003‑62 s 5
exp 31 December 2005 (s 263)
Management standards
s 259ins A2003‑62 s 5
exp 31 December 2005 (s 263)
Transitional regulations
s 260ins A2003‑62 s 5
exp 31 December 2005 (s 263)
Modification of pt 14’s operation
s 261ins A2003‑62 s 5
exp 31 December 2005 (s 263)
Regulation-making power
s 262ins A2003‑62 s 5
exp 31 December 2005 (s 263)
Expiry of pt 14
s 263ins A2003‑62 s 5
exp 31 December 2005 (s 263)
Fire and emergence services
pt 15 hdgins A2004‑28 amdt 3.56
exp 30 June 2006 (s 273)
Definitions for pt 5
s 264chief officer ins A2004‑28 amdt 3.56
deputy chief officer ins A2004‑28 amdt 3.56
repealed Administration Act ins A2004‑28 amdt 3.56
transfer ins A2004‑28 amdt 3.56
exp 30 June 2006 (s 273)
Transfer of chief officers
s 265ins A2004‑28 amdt 3.56
exp 30 June 2006 (s 273)
Transfer of fire brigade members’
s 266ins A2004‑28 amdt 3.56
exp 30 June 2006 (s 273)
Declarations of appointment or engagement
s 267ins A2004‑28 amdt 3.56
exp 30 June 2006 (s 273)
How rest of Act applies
s 268ins A2004‑28 amdt 3.56
am A2005‑20 amdt 3.333, amdt 3.334
exp 30 June 2006 (s 273)
Employees appointed on probation
s 269ins A2004‑28 amdt 3.56
exp 30 June 2006 (s 273)
Entitlements on transfer
s 270ins A2004‑28 amdt 3.56
exp 30 June 2006 (s 273)
Transfer of personnel files
s 271ins A2004‑28 amdt 3.56
exp 30 June 2006 (s 273)
Management standards
s 272ins A2004‑28 amdt 3.56
exp 30 June 2006 (s 273)
Expiry of pt 15
s 273ins A2004‑28 amdt 3.56
exp 30 June 2006 (s 273)
Transitional
pt 16 hdgins A2005‑44 s 36
exp 8 September 2006 (s 275)
Application of certain amendments—Public Sector Management Amendment Act 2005 (No 2)
s 274ins A2005‑44 s 36
exp 8 September 2006 (s 275)
Expiry of pt 16
s 275ins A2005‑44 s 36
exp 8 September 2006 (s 275)
Transitional—Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011
pt 17 hdgins A2011‑22 amdt 1.366
exp 1 July 2013 (s 282 (LA s 88 declaration applies))
Meaning of commencement day—pt 17
s 276ins A2011‑22 amdt 1.366
exp 1 July 2013 (s 282 (LA s 88 declaration applies))
Change of name—identity not affected
s 277ins A2011‑22 amdt 1.366
exp 1 July 2013 (s 282 (LA s 88 declaration applies))
Engagement of certain former officers etc prohibited
s 278ins A2011‑22 amdt 1.366
exp 1 July 2013 (s 282 (LA s 88 declaration applies))
Employment powers
s 279ins A2011‑22 amdt 1.366
exp 1 July 2013 (s 282 (LA s 88 declaration applies))
Head of service
s 280ins A2011‑22 amdt 1.366
exp 1 July 2013 (s 282)
Transitional regulations
s 281ins A2011‑22 amdt 1.366
exp 1 July 2013 (s 282)
Expiry—pt 17
s 282ins A2011‑22 amdt 1.366
exp 1 July 2013 (s 282 (LA s 88 declaration applies))
Transitional
pt 18 hdgins A2016‑52 s 65
exp 1 September 2021 (s 300)
Definitions—pt 18
s 290ins A2016‑52 s 65
exp 1 September 2021 (s 300)
def commencement day ins A2016‑52 s 65
exp 1 September 2021 (s 300)
def pre-amendment Act ins A2016‑52 s 65
exp 1 September 2021 (s 300)
def pre-amendment misconduct procedure ins A2016‑52 s 65
exp 1 September 2021 (s 300)
Existing engagement of head of service
s 291ins A2016‑52 s 65
exp 1 September 2021 (s 300)
Existing engagements of directors-general
s 292ins A2016‑52 s 65
exp 1 September 2021 (s 300)
Existing engagements of executives
s 293ins A2016‑52 s 65
exp 1 September 2021 (s 300)
Consecutive engagement of head of service, directors‑general and executives
s 293Ains as mod SL2018-10 s 3
mod exp 1 September 2021 (s 300 and see SL2018-10 s 4)
Existing appointment of Commissioner for Public Administration
s 294ins A2016‑52 s 65
exp 1 September 2021 (s 300)
Misconduct before commencement day—procedure started
s 295ins A2016‑52 s 65
exp 1 September 2021 (s 300)
Misconduct before commencement day—procedure not started
s 296ins A2016‑52 s 65
exp 1 September 2021 (s 300)
Misconduct on or after commencement day
s 297ins A2016‑52 s 65
exp 1 September 2021 (s 300)
Commissioner for public administration investigation
s 298ins A2016‑52 s 65
exp 1 September 2021 (s 300)
Transitional regulations
s 299ins A2016‑52 s 65
exp 1 September 2021 (s 300)
Expiry—pt 18
s 300ins A2016‑52 s 65
exp 1 September 2021 (s 300)
Reviewable decisions
sch 1am R3 (LA s 116 (1) (k) (iii))
sub A2011‑1 s 36
am A2016‑52 s 66
Appellable decisions
sch 2am A2005‑20 amdt 3.335
sub A2011‑1 s 37
am A2016‑52 ss 67-69; items renum R40 LA
Modifications of Occupational Health and Safety Act 1989
sch 3 hdgsub A2004‑29 amdt 3.2
sch 3am A1998‑54 sch; A1999‑82 sch pt 2; A2001‑44 amdts 1.3497‑1.3500; R3 (LA s 116 (1) (k) (iii)); A2002‑11 amdt 2.84, amdt 2.85; A2003‑56 amdt 3.177; A2004‑9 amdt 1.37, amdt 1.38; A2004‑29 amdts 3.3-3.17; mod renum R12 LA (see A2004‑29 amdt 3.18); A2005‑53 amdts 1.126‑1.130; A2007‑31 amdts 1.5-1.9
om A2009‑28 amdt 2.24
Dictionary
dictins A2007‑3 amdt 3.435
am A2012‑21 amdt 3.130; A2012‑26 amdt 1.45; A2013-41 amdt 1.35; A2016‑52 s 70; A2018‑42 amdt 3.86
def Aboriginal or Torres Strait Islander person ins A2011‑52 amdt 3.175
om A2016‑52 s 71
def Aboriginal person or Torres Strait Islander ins A2011‑1 s 38
om A2011‑52 amdt 3.175
def access and equity principle ins A2007‑3 amdt 3.435
om A2016‑52 s 71
def access and equity program ins A2007‑3 amdt 3.435
om A2016‑52 s 71
def action ins A2007‑3 amdt 3.435
om A2011‑1 s 39
def administering chief executive ins A1995‑51 s 4
reloc from s 3 A2007‑3 amdt 3.428
om A2011‑21 s 106
def administrative arrangements ins A2016‑52 s 72
def administrative unit reloc from s 3 A2007‑3 amdt 3.428
def appeal ins A2011‑1 s 40
def appeal committee ins A2007‑3 amdt 3.435
om A2011‑21 s 107
def appellable classification ins A2016‑52 s 72
def appellable decision ins A2011‑1 s 41
sub A2018‑42 amdt 3.87
def appellable level position ins A2011‑1 s 41
om A2016‑52 s 73
def appellable promotion ins A2007‑3 amdt 3.435
om A2011‑1 s 42
def approving authority ins A2007‑3 amdt 3.435
om A2011‑1 s 42
def auditor-general’s office ins A1996‑24 s 4
reloc from s 3 A2007‑3 amdt 3.428
am A2013‑25 amdt 1.3
om A2016‑52 s 74
def authorised doctor am A2004‑39 amdt 5.25
reloc from s 3 A2007‑3 amdt 3.428
am A2011‑21 s 108
def authorised officer ins A2007‑3 amdt 3.435
om A2011‑21 s 109
def authorised person ins A2007‑3 amdt 3.435
om A2011‑1 s 43
def autonomous instrumentality sub A1995‑7 sch; A1996‑24 s 4
reloc from s 3 A2007‑3 amdt 3.428
am A2012‑26 amdt 1.46; A2013-41 amdt 1.36, amdt 1.37; pars renum R36 LA
om A2016‑52 s 74
def best practice principle ins A2016‑52 s 75
def category A officer ins A2007‑3 amdt 3.435
om A2011‑1 s 44
def category B officer ins A2007‑3 amdt 3.435
om A2011‑1 s 44
def chief executive am A1995‑51 s 4
sub A2007‑3 amdt 3.422
reloc from s 3 A2007‑3 amdt 3.428
sub A2007‑16 amdt 3.137; A2011‑1 s 45
om A2011‑21 s 109
def chief executive officer ins A1996‑24 s 4
sub A2007‑3 amdt 3.423
reloc from s 3 A2007‑3 amdt 3.428
am A2012‑26 amdt 1.47; A2013-41 amdt 1.38, amdt 1.39; pars renum R36 LA
sub A2016‑52 s 76
def classification am A1995‑51 s 4
reloc from s 3 A2007‑3 amdt 3.428
sub A2016‑52 s 76
def clerk ins A2005‑42 s 4
reloc from s 3 A2007‑3 amdt 3.428
om A2012‑26 amdt 1.48
def commissioner reloc from s 3 A2007‑3 amdt 3.428
am A2016‑52 s 77
sub A2018‑42 amdt 3.88
def Commonwealth Long Service Leave Act ins A2007‑3 amdt 3.435
om A2011‑1 s 46
def Commonwealth officer am A2007‑3 amdt 3.424
reloc from s 3 A2007‑3 amdt 3.428
om A2016‑52 s 78
def confinement ins A2007‑3 amdt 3.435
om A2011‑1 s 47
def confirmed officer ins A2016‑52 s 79
def criminal offence am A1999‑55 s 4; pars renum R4 LA
reloc from s 3 A2007‑3 amdt 3.428
om A2016‑52 s 80
def decision ins A2007‑3 amdt 3.435
om A2011‑1 s 48
def declaration ins A2016‑52 s 81
def designated group ins A2007‑3 amdt 3.435
om A2016‑52 s 82
def detached officer ins A2007‑3 amdt 3.435
om A2011‑1 s 49
def direction ins A2007‑3 amdt 3.435
om A2011‑21 s 109
def director reloc from s 3 A2007‑3 amdt 3.428
om A2011‑1 s 50
def director‑general ins A2011‑21 s 110
sub A2016‑52 s 83
def disability ins A2007‑3 amdt 3.435
om A2016‑52 s 84
def disciplinary appeal committee ins A2007‑3 amdt 3.435
om A2011‑1 s 51
def discrimination ins A2007‑3 amdt 3.435
om A2016‑52 s 84
def election candidate ins A2016‑52 s 85
def eligible person ins A2016‑52 s 85
am A2019‑36 s 11
def eligible public employment ins A2007‑3 amdt 3.435
om A2011‑21 s 111
def employ ins A2016‑52 s 85
def employee sub A1995‑51 s 4; A2007‑3 amdt 3.425
reloc from s 3 A2007‑3 amdt 3.428
am A2007‑16 amdt 3.138; A2011‑1 s 52
sub A2011‑21 s 112
am A2016‑52 s 86; pars renum R40 LA; A2018‑42 amdt 3.89
def employment ins A2007‑3 amdt 3.435
om A2011‑1 s 53
def employment matters ins A2007‑3 amdt 3.435
om A2016‑52 s 87
def engager ins A2016‑52 s 88
def equal employment opportunity program ins A2007‑3 amdt 3.435
om A2016‑52 s 89
def equitable employer ins A2016‑52 s 90
def essential qualification ins A2011‑1 s 54
om A2016‑52 s 91
def excess officer ins A2007‑3 amdt 3.435
sub A2011‑1 s 55; A2016‑52 s 92
def executive ins A1995‑51 s 4
reloc from s 3 A2007‑3 amdt 3.428
sub A2016‑52 s 93
def executive office ins A1995‑51 s 4
reloc from s 3 A2007‑3 amdt 3.428
om A2016‑52 s 94
def exonerated ins A2016‑52 s 95
def government agency reloc from s 3 A2007‑3 amdt 3.428
om A2016‑52 s 96
def head of service ins A2011‑21 s 113
sub A2016‑52 s 97
def incapacitated ins A2016‑52 s 98
def industrial award am A2005‑20 amdt 3.328; A2007‑3 amdt 1.1
reloc from s 3 A2007‑3 amdt 3.428
om A2011‑1 s 56
def industrial democracy program ins A2007‑3 amdt 3.435
om A2016‑52 s 99
def industrial instrument ins A2011‑1 s 57
am A2016‑52 s 100
def ineligible ins A2016‑52 s 101
def internal appeal officer ins A2007‑3 amdt 3.435
om A2011‑1 s 58
def job ins A2016‑52 s 101
def joint council ins A2016‑52 s 101
def joint selection committee ins A2011‑1 s 59
sub A2016‑52 s 102
def leave ins A2007‑3 amdt 3.435
om A2011‑1 s 60
def leave officer ins A2007‑3 amdt 3.435
om A2011‑1 s 60
def Legislative Assembly secretariat ins A2005‑42 s 4
reloc from s 3 A2007‑3 amdt 3.428
om A2012‑26 amdt 1.48
def long service leave ins A2007‑3 amdt 3.435
om A2011‑1 s 61
def management standards reloc from s 3 A2007‑3 amdt 3.428
def management strategy ins A2016‑52 s 103
def maternity leave ins A2007‑3 amdt 3.435
om A2011‑1 s 62
def merit and equity principle ins A2016‑52 s 103
def Merit Protection Act reloc from s 3 A2007‑3 amdt 3.428
om A2011‑1 s 63
def merit protection agency reloc from s 3 A2007‑3 amdt 3.428
om A2011‑1 s 63
def misconduct ins A2007‑3 amdt 3.435
sub A2011‑1 s 64; A2016‑52 s 104
def misconduct procedure ins A2016‑52 s 105
def non-appellable promotion reloc from s 3 A2007‑3 amdt 3.428
am A2009‑49 amdt 1.24
om A2016‑52 s 106
def notified ins A2007‑3 amdt 3.435
om A2011‑21 s 114
def not qualified to perform duties ins A2011‑1 s 65
om A2016‑52 s 106
def office ins A2007‑3 amdt 3.435
am A2011‑1 s 66; A2011‑21 s 115
sub A2016‑52 s 107
def office of chief executive ins A1995‑51 s 4
reloc from s 3 A2007‑3 amdt 3.428
om R28 LA
def office of director‑general ins R28 LA
om A2016‑52 s 108
def office of head of service ins A2011‑21 s 116
om A2016‑52 s 108
def officer am A1995‑7 sch; A1995‑51 s 4; pars renum R4 LA
sub A2007‑3 amdt 3.426
reloc from s 3 A2007‑3 amdt 3.428
sub A2011‑1 s 67
am A2016‑52 s 109, s 110; pars renum R40 LA
def original office ins A2007‑3 amdt 3.435
om A2011‑1 s 68
def overseas reloc from s 3 A2007‑3 amdt 3.428
om A2016‑52 s 111
def part-time office am A2007‑3 amdt 3.427
reloc from s 3 A2007‑3 amdt 3.428
am A2016‑52 s 112
def permanent resident ins A2019‑36 s 12
def prescribed reloc from s 3 A2007‑3 amdt 3.428
def principal union ins A2011‑1 s 69
def proceeding ins A2007‑3 amdt 3.435
om A2011‑1 s 70
def promotion reloc from s 3 A2007‑3 amdt 3.428
sub A2016‑52 s 113
def promotion appeal committee reloc from s 3 A2007‑3 amdt 3.428
om A2011‑1 s 71
def public employee reloc from s 3 A2007‑3 amdt 3.428
om A2016‑52 s 114
def public office ins A2007‑3 amdt 3.435
om A2011‑1 s 72
def public sector reloc from s 3 A2007‑3 amdt 3.428
sub A2016‑52 s 115
def public sector employer ins A2016‑52 s 116
def public sector member ins A2016‑52 s 116
def public sector officer ins A2011‑21 s 116
om A2016‑52 s 117
def public sector principles ins A2016‑52 s 118
def public sector values ins A2016‑52 s 118
def qualification ins A2016‑52 s 118
def redundancy ins A2007‑3 amdt 3.435
om A2011‑1 s 73
def relevant chief executive sub A2005‑44 s 4
reloc from s 3 A2007‑3 amdt 3.428
om A2011‑21 s 117
def relevant staff organisation am A2005‑20 amdt 3.328
reloc from s 3 A2007‑3 amdt 3.428
om A2011‑1 s 75
def relevant union ins A2011‑1 s 74
def review ins A2007‑3 amdt 3.435
sub A2011‑1 s 76
om A2011‑21 s 117
def reviewable decision ins A2011‑1 s 77
sub A2018‑42 amdt 3.90
def salary ins A2007‑3 amdt 3.435
om A2011‑1 s 78
def secretariat ins A2005‑42 s 4
reloc from s 3 A2007‑3 amdt 3.428
om A2012‑26 amdt 1.48
def senior executive service ins A2016‑52 s 118
def service am A1995‑51 s 4
reloc from s 3 A2007‑3 amdt 3.428
sub A2011‑21 s 118
def SES member ins A2016‑52 s 118
def SES position ins A2016‑52 s 118
def SETs ins A2016‑52 s 120
def specified ins A2007‑3 amdt 3.435
om A2011‑21 s 119
def statutory employment terms ins A2016‑52 s 120
am A2018‑42 amdt 3.91
def statutory office-holder reloc from s 3 A2007‑3 amdt 3.428
om A2016‑52 s 119
def study bank ins A2007‑3 amdt 3.435
om A2011‑1 s 79
def territory instrumentality am A2001‑44 amdt 1.3480; A2003‑56 amdt 3.176
reloc from s 3 A2007‑3 amdt 3.428
sub A2016‑52 s 121
def transfer ins A2016‑52 s 122
def unattached officer reloc from s 3 A2007‑3 amdt 3.428
sub A2011‑21 s 120
def unauthorised absence ins A2007‑3 amdt 3.435
om A2011‑1 s 80
def underperformance ins A2011‑1 s 81
om A2018‑42 amdt 3.92
def unsuccessful election candidate ins A2016‑52 s 123
def unsuitability criteria ins A2016‑52 s 123
def vacant office ins A2016‑52 s 123
def whole-of-government strategy ins A2016‑52 s 123
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No and date Effective Last amendment made by Republication for R0A
27 Feb 200821 June 1995–
30 June 1995A1994‑108 amendments by A1994‑108 R0B
27 Feb 20081 July 1995–
20 Dec 1995A1995‑7 amendments by A1995‑7 R1
1 Jan 199621 Dec 1995–
30 June 1996A1995‑56 amendments by A1995‑51 and A1995‑56 R1 (RI)
27 Feb 200821 Dec 1995–
30 June 1996A1995‑56 reissue of printed version R1A
27 Feb 20081 July 1996–
18 Aug 1996A1996‑33 amendments by A1996‑24, A1996‑26 and A1996‑33 R2
30 June 199730 June 1997–
30 Nov 1997A1996‑39 amendments by A1996‑39 R2 (RI)
27 Feb 200830 June 1997–
30 Nov 1997A1996‑39 reissue of printed version R2A
27 Feb 20089 Dec 1998–
16 Sept 1999A1998‑54 amendments by A1997‑74 and A1998‑54 R2B
27 Feb 200817 Sept 1999–
4 Dec 1999A1999‑55 amendments by A1999‑55 R2C
27 Feb 20081 Jan 2000–
22 June 2000A1999‑82 amendments by A1999‑55 and A1999‑70 R2D
27 Feb 200823 June 2000–
30 Dec 2000A1999‑82 amendments by A1999‑82 R2E
27 Feb 200831 Dec 2000–
11 Sept 2001A2000‑77 amendments by A2000‑77 R3
12 Sept 200112 Sept 2001–
12 Sept 2001A2001‑44 amendments by A2001‑44 R4
24 Apr 200213 Sept 2001–
27 May 2002A2001‑57 amendments by A2001‑57 R5
29 May 200228 May 2002–
16 Sept 2002A2002‑11 amendments by A2002‑11 R6
17 Sept 200217 Sept 2002–
30 June 2003A2002‑30 amendments by A2001‑44 as amended by A2002‑30 R7*
1 July 20031 July 2003–
11 Dec 2003A2003‑30 amendments by A2003‑30 R8
12 Dec 200312 Dec 2003–
18 Dec 2003A2003‑62 amendments by A2003‑62 R9
19 Dec 200319 Dec 2003–
12 Apr 2004A2003‑62 amendments by A2003‑56 R10
13 Apr 200413 Apr 2004–
30 June 2004A2004‑9 amendments by A2004‑9 R11
1 July 20041 July 2004–
4 Aug 2004A2004‑28 amendments by A2004‑28 R12
5 Aug 20045 Aug 2004–
1 June 2005A2004‑29 amendments by A2004‑29 R13
2 June 20052 June 2005–
6 July 2005A2005‑20 amendments by A2005‑20 R14
7 July 20057 July 2005–
31 Aug 2005A2005‑20 amendments by A2004‑39 R15
1 Sept 20051 Sept 2005–
7 Sept 2005A2005‑42 amendments by A2005‑42 R16
8 Sept 20058 Sept 2005–
22 Nov 2005A2005‑44 amendments by A2005‑44 R17
23 Nov 200523 Nov 2005–
31 Dec 2005A2005‑53 amendments by A2005‑53 R18
1 Jan 20061 Jan 2006–
30 June 2006A2005‑53 commenced expiry R19
1 July 20061 July 2006–
8 Sept 2006A2005‑53 commenced expiry R20
9 Sept 20069 Sept 2006–
11 Apr 2007A2005‑53 commenced expiry R21
12 Apr 200712 Apr 2007–
10 July 2007A2007‑3 amendments by A2007‑3 R22
11 July 200711 July 2007–
24 Oct 2007A2007‑16 amendments by A2007‑16 R23
25 Oct 200725 Oct 2007–
22 Nov 2007A2007‑31 amendments by A2007‑31 R24
23 Nov 200723 Nov 2007–
30 Sept 2009A2007‑37 amendments by A2007‑37 R25*
1 Oct 20091 Oct 2009–
16 Dec 2009A2009‑28 amendments by A2009‑28 R26
17 Dec 200917 Dec 2009–
17 Apr 2011A2009‑49 amendments by A2009‑49 R27
18 Apr 201118 Apr 2011–
30 June 2011A2011‑1 amendments by A2011‑1 R28
1 July 20111 July 2011–
11 Dec 2011A2011‑22 amendments by A2011‑21 and A2011‑22 R29
12 Dec 201112 Dec 2011–
4 June 2012A2011‑52 amendments by A2011‑52 R30
5 June 20125 June 2012–
30 June 2012A2012‑21 amendments by A2012‑21 R31
1 July 20121 July 2012–
7 Nov 2012A2012‑26 amendments by A2012‑26 R32
8 Nov 20128 Nov 2012–
22 Feb 2013A2012‑26 amendments by A2011‑45 R33*
23 Feb 201323 Feb 2013–
1 July 2013A2012‑26 amendments by A2011‑1 R34
2 July 20132 July 2013–
19 Feb 2014A2012‑26 expiry of transitional provisions (pt 17) R35
20 Feb 201420 Feb 2014–
30 June 2014A2013‑25 amendments by A2013‑25 R36
1 July 20141 July 2014–
20 Apr 2015A2013-41 amendments by A2013-41 R37
21 April 201521 Apr 2015–
13 Oct 2015A2015‑10 amendments by A2015‑10 R38
14 Oct 201514 Oct 2015–
8 Dec 2015A2015-33 amendments by A2015-33 R39
9 Dec 20159 Dec 2015–
31 Aug 2016A2015-50 amendments by A2015-50 R40
1 Sept 20161 Sept 2016–
8 Mar 2017A2016-52 amendments by A2016-52 R41
9 Mar 20179 Mar 2017–
27 Mar 2018A2017‑4 amendments by A2017‑4 R42
28 Mar 201829 Mar 2018–
27 June 2018A2018-10 amendments by A2018-10 R43
28 June 201828 June 2018–
21 Nov 2018SL2018-10 modifications by SL2018-10 R44
22 Nov 201822 Nov 2018–
10 Oct 2019A2018‑42 amendments by A2018‑42 R45
11 Oct 201911 Oct 2019–
25 Feb 2021A2019-36 amendments by A2019-36 R46
26 Feb 202126 Feb 2021–
3 Mar 2021A2021-3 amendments by A2021-3 R47
4 Mar 20214 Mar 2021–
22 June 2021A2021-3 amendments by A2020-46 R48
23 June 202123 June 2021–
1 Sept 2021A2021‑12 amendments by A2021‑12 R49
2 Sept 20212 Sept 2021–
2 July 2023A2021‑12 expiry of provisions (s 152 (7), (8)), transitional provisions (pt 18) and modification (s 293A) R50
3 July 20233 July 2023–
29 Sept 2023A2023‑17 amendments by A2023‑17 R51
30 Sept 202330 Sept 2023–
19 Apr 2024A2023‑37 amendments by A2023‑37 R52
20 Apr 202420 Apr 2024–
19 Sept 2024A2024‑15 amendments by A2024‑15 R53
20 Sept 202420 Sept 2024–
25 Sept 2024A2024‑48 amendments by A2024‑48
Expired transitional or validating provisions
This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).
Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.
To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.
© Australian Capital Territory 2024
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