Public Sector Management Amendment Act 2016 (ACT)

Public Sector Management Amendment Act 2016

A2016-52

Contents

Page

1            Name of Act  2
2            Commencement  2
3            Legislation amended  2
4            Sections 3A, 4 and 5  2
5            Part 2 heading  3
6            Division 2.1  3
7           ACT Public ServiceSection 12 (3) (a) to (e)  7
8            Administrative unitsSection 13 (2), note  7
9            Section 14  7
10          Machinery of government changes—officersSection 15 (5) to (8)  8
11          Machinery of government changes—employeesSection 16 (2)  9
12          Parts 3 and 4  9
13          Part 5 heading  27
14          Section 63  27
15          Application to autonomous instrumentalitiesSection 64  28
16          Division 5.2  28
17          Sections 66A and 67  29
18          Section 68 heading  29
19          Section 68 (1)  29
20          Section 68 (2)  30
21          Section 68 (2) (c)  30
22          Section 69  30
23          Appointment on probationSection 70 (4)  31
24          Section 70 (6)  31
25          Appointment on probation—prescribed training officeSection 71 (4) (a) to (e)  31
26          Section 71 (6)  32
27          Appointment on probation—teachersSection 71A (4)  32
28          Section 71A (6)  32
29          Extension of period of probationSection 71B (5)  32
30          Appointment without probationSection 71C (1) (b)  32
31          Engagement of executivesDivision 5.4  33
32          Definitions—div 5.5Section 82  33
33          Section 83  33
34          Promotion appealSection 84 (1) (a)  33
35          Promotion appeal by excess officerSection 85 (1)  33
36          Section 85 (2) (a)  34
37          Section 85 (3)  34
38          Review of certain promotion decisionsSection 86 (1)  34
39          Section 86 (5)  35
40          Promotion on advice of joint selection committeeSection 87 (3)  35
41          Section 87 (4) (a)  35
42          Section 87 (5) (a)  35
43          Section 89  35
44          Cancellation of promotionSection 90 (3)  36
45          Definitions—div 5.6Section 91  36
46          Section 92  36
47          Simultaneous transfer within administrative unitSection 93 (2) (b)  37
48          Section 93 (2), new note  37
49          Section 94, new note  37
50          Sections 95 to 96A  37
51          Sections 97 and 98  37
52          Sections 101 (1) and 102 (1)  38
53          Divisions 5.7 and 5.8  38
54          Parts 6 and 10  48
55          Definitions—pt 11Section 223, definition of officer  74
56          Sections 241 and 242  75
57          Protection of people in relation to work reports on officers or employeesSection 243 (2)  76
58          Sections 244 to 248  77
59          Sections 248A to 248C  78
60          ImprisonmentSection 249 (4) and (5)  78
61          Section 249 (6), definition of suspended from duty  78
62          Attachment of salary of officers and employeesSection 250 (2)  79
63          Sections 250A and 251  79
64          Parts 11 and 13 (as amended)  81
65          New part 18  81
66          Reviewable decisionsSchedule 1, item 1, column 3  85
67          Appellable decisionsSchedule 2, item 4  86
68          Schedule 2, new item 5A  86
69          Schedule 2, item 6, column 2  86
70          Dictionary, note 2  86
71          Dictionary, definitions of Aboriginal or Torres Strait Islander person, access and equity principle and access and equity program  87
72          Dictionary, new definitions  87
73          Dictionary, definition of appellable level position  87
74          Dictionary, definitions of auditor-general’s office and autonomous instrumentality       87
75          Dictionary, new definition of best practice principle  87
76          Dictionary, definitions of chief executive officer and classification          88
77          Dictionary, definition of commissioner  88
78          Dictionary, definition of Commonwealth officer  88
79          Dictionary, new definition of confirmed officer  88
80          Dictionary, definition of criminal offence  89
81          Dictionary, new definition of declaration  89
82          Dictionary, definition of designated group  89
83          Dictionary, definition of director-general  89
84          Dictionary, definitions of disability and discrimination  89
85          Dictionary, new definitions  89
86          Dictionary, definition of employee, paragraphs (a) to (c)  90
87          Dictionary, definition of employment matters  90
88          Dictionary, new definition of engager  90
89          Dictionary, definition of equal employment opportunity program           90
90          Dictionary, new definition of equitable employer  91
91          Dictionary, definition of essential qualification  91
92          Dictionary, definition of excess officer  91
93          Dictionary, definition of executive  92
94          Dictionary, definition of executive office  92
95          Dictionary, new definition of exonerated  92
96          Dictionary, definition of government agency  92
97          Dictionary, definition of head of service  92
98          Dictionary, new definition of incapacitated  93
99          Dictionary, definition of industrial democracy program  93
100         Dictionary, definition of industrial instrument, new paragraph (c)           93
101         Dictionary, new definitions  93
102         Dictionary, definition of joint selection committee  93
103         Dictionary, new definitions  93
104         Dictionary, definition of misconduct  94
105         Dictionary, new definition of misconduct procedure  94
106         Dictionary, definitions of non-appellable promotion and not qualified to perform duties 94
107         Dictionary, definition of office  94
108         Dictionary, definitions of office of director-general and office of head of service 94
109         Dictionary, definition of officer, paragraph (a) (ii)  95
110         Dictionary, definition of officer, paragraphs (b) to (d)  95
111         Dictionary, definition of overseas  95
112         Dictionary, definition of part-time office  95
113         Dictionary, definition of promotion  95
114         Dictionary, definition of public employee  96
115         Dictionary, definition of public sector  96
116         Dictionary, new definitions  96
117         Dictionary, definition of public sector officer  96
118         Dictionary, new definitions  96
119         Dictionary, definition of statutory office-holder  97
120         Dictionary, new definitions  97
121         Dictionary, definition of territory instrumentality  97
122         Dictionary, new definition of transfer  98
123         Dictionary, new definitions  98
Schedule 1 Legislation amended  99
Part 1.1    Aboriginal and Torres Strait Islander Elected Body Act 2008     99
Part 1.2    ACT Civil and Administrative Tribunal Act 2008           100
Part 1.3    ACT Teacher Quality Institute Act 2010  100
Part 1.4    Administrative Decisions (Judicial Review) Act 1989     101
Part 1.5    Annual Reports (Government Agencies) Act 2004        102
Part 1.6    Architects Act 2004  108
Part 1.7    Auditor-General Act 1996  109
Part 1.8    Board of Senior Secondary Studies Act 1997               111
Part 1.9    Canberra Institute of Technology Act 1987                 112
Part 1.10   Cemeteries and Crematoria Act 2003  113
Part 1.11   Children and Young People Act 2008  113
Part 1.12   Climate Change and Greenhouse Gas Reduction Act 2010 114
Part 1.13   Commissioner for Sustainability and the Environment Act 1993        114
Part 1.14   Construction Occupations (Licensing) Act 2004           115
Part 1.15   Crimes Act 1900  115
Part 1.16   Crimes (Child Sex Offenders) Act 2005  116
Part 1.17   Crimes (Restorative Justice) Act 2004  117
Part 1.18   Crimes (Sentence Administration) Act 2005                117
Part 1.19   Crimes (Sentencing) Act 2005  117
Part 1.20   Cultural Facilities Corporation Act 1997  118
Part 1.21   Dangerous Substances Act 2004  118
Part 1.22   Director of Public Prosecutions Act 1990  119
Part 1.23   Electoral Act 1992  120
Part 1.24   Environment Protection Act 1997  124
Part 1.25   Financial Management Act 1996  124
Part 1.26   Firearms Regulation 2008  124
Part 1.27   First Home Owner Grant Act 2000  125
Part 1.28   Food Regulation 2002  125
Part 1.29   Freedom of Information Act 1989  126
Part 1.30   Gambling and Racing Control Act 1999  126
Part 1.31   Gene Technology Act 2003  127
Part 1.32   Government Procurement Act 2001  127
Part 1.33   Government Procurement Regulation 2007                 128
Part 1.34   Health (National Health Funding Pool and Administration) Act 2013     128
Part 1.35   Heritage Act 2004  129
Part 1.36   Human Rights Act 2004  129
Part 1.37   Human Rights Commission Act 2005  130
Part 1.38   Independent Competition and Regulatory Commission Act 1997       130
Part 1.39   Inquiries Act 1991  131
Part 1.40   Judicial Commissions Act 1994  131
Part 1.41   Lakes Act 1976  132
Part 1.42   Law Officers Act 2011  132
Part 1.43   Legal Aid Act 1977  133
Part 1.44   Legal Profession Act 2006  134
Part 1.45   Legislation Act 2001  134
Part 1.46   Legislative Assembly (Members’ Staff) Act 1989           135
Part 1.47   Legislative Assembly (Office of the Legislative Assembly) Act 2012     136
Part 1.48   Lifetime Care and Support (Catastrophic Injuries) Act 2014 138
Part 1.49   Long Service Leave (Portable Schemes) Act 2009        138
Part 1.50   Magistrates Court Act 1930  139
Part 1.51   National Environment Protection Council Act 1994       139
Part 1.52   Ombudsman Act 1989  139
Part 1.53   Planning and Development Act 2007  141
Part 1.54   Public Interest Disclosure Act 2012  142
Part 1.55   Rates Act 2004  143
Part 1.56   Remuneration Tribunal Act 1995  144
Part 1.57   Royal Commissions Act 1991  144
Part 1.58   Supervised Injecting Place Trial Act 1999                   145
Part 1.59   Supreme Court Act 1933  145
Part 1.60   Taxation Administration Act 1999  145
Part 1.61   Territory Records Act 2002  146
Part 1.62   Unclaimed Money Act 1950  147
Part 1.63   Victims of Crime Act 1994  148
Part 1.64   Workers Compensation Act 1951  148
Part 1.65   Work Health and Safety Act 2011  148

Public Sector Management Amendment Act 2016

A2016-52

An Act to amend the Public Sector Management Act 1994, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Name of Act
This Act is the Public Sector Management Amendment Act 2016.
Commencement
This Act commences on 1 September 2016.
NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Legislation amended
This Act amends the Public Sector Management Act 1994.
NoteThis Act also amends other legislation (see sch 1).
Sections 3A, 4 and 5
substitute
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 2 heading
substitute

Part 2Administration of the public service

Division 2.1
substitute

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.
ACT Public Service
Section 12 (3) (a) to (e)
substitute
(a)the following (the senior executive service):
(i)the head of service;
(ii)directors-general;
(iii)executives; and
(b)officers; and
(c)employees.
Administrative units
Section 13 (2), note
omit
Section 14
substitute
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).
(5)A determination is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Machinery of government changes—officers
Section 15 (5) to (8)
substitute
(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).
Machinery of government changes—employees
Section 16 (2)
omit
shall be
substitute
is
Parts 3 and 4
substitute

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 Chief 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.
NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(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 in the administrative unit administered by the Chief Minister 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 Chief Minister; and
(b)relating to 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.
NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
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)the administrative unit in which the SES member is engaged; and
(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.
Note 1An SES position may be changed by changing 1 or more SETs (see s 33 (1)).
Note 2An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
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.
Note 1An SES position may be changed by changing 1 or more SETs (see s 33 (1)).
Note 2An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
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 5 heading
substitute

Part 5Employment of officers and employees

Section 63
substitute
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).
Application to autonomous instrumentalities
Section 64
omit
Division 5.2
substitute

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).
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.
Sections 66A and 67
omit
Section 68 heading
substitute
Appointment to vacant office
Section 68 (1)
substitute
(1)The head of service may appoint a person to a vacant office.
NoteThe head of service must exercise a function in relation to an appointment in accordance with the merit and equity principle (see s 8 (3)).
Section 68 (2)
omit everything before paragraph (b), substitute
(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
Section 68 (2) (c)
omit
has certified in writing that after due inquiry he or she is satisfied that the person is a fit and proper person to be so appointed
substitute
is satisfied on reasonable grounds, and states, in writing, that the person is suitable for appointment
Section 69
substitute
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.
Appointment on probation
Section 70 (4)
substitute
(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;
NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(d)the officer is not an eligible person to remain an officer;
(e)the officer is an excess officer.
Section 70 (6)
omit
Appointment on probation—prescribed training office
Section 71 (4) (a) to (e)
substitute
(a)1 or more of the unsuitability criteria applies to the officer; or
Section 71 (6)
omit
Appointment on probation—teachers
Section 71A (4)
substitute
(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.
Section 71A (6)
omit
Extension of period of probation
Section 71B (5)
substitute
(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.
Appointment without probation
Section 71C (1) (b)
omit
performed the duties of the office, or an office with similar duties
substitute
exercised the functions of the office, or an office with similar functions
Engagement of executives
Division 5.4
omit
Definitions—div 5.5
Section 82
omit
Section 83
substitute
Promotion to vacant office
(1)The head of service may promote an officer to a vacant office.
NoteThe head of service must exercise a function in relation to a promotion in accordance with the merit and equity principle (see s 8 (3)).
(2)The head of service must tell an officer, in writing, about the promotion a reasonable time before it takes effect.
Promotion appeal
Section 84 (1) (a)
omit
level position
substitute
classification
Promotion appeal by excess officer
Section 85 (1)
substitute
(1)This section applies if an officer has been told, in writing, by the head of service that the officer is an excess officer.
Section 85 (2) (a)
omit
level position
substitute
classification
Section 85 (3)
omit
(Retirement and redeployment of officers)
substitute
(Redeployment, underperformance and end of employment of officers)
Review of certain promotion decisions
Section 86 (1)
substitute
(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.
Section 86 (5)
omit
Promotion on advice of joint selection committee
Section 87 (3)
omit
Section 87 (4) (a)
omit
union agreed joint selection committee
substitute
a joint selection committee agreed to by the principal union (a union agreed joint selection committee)
Section 87 (5) (a)
omit
level position
substitute
classification
Section 89
substitute
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
Section 90 (3)
after
section 84
insert
or review under section 86
Definitions—div 5.6
Section 91
omit
Section 92
substitute
Transfer to vacant office
(1)The head of service may transfer an officer to a vacant office.
NoteThe head of service must exercise a function in relation to a transfer in accordance with the merit and equity principle (see s 8 (3)).
(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 or reviewable decision.
Simultaneous transfer within administrative unit
Section 93 (2) (b)
omit
Section 93 (2), new note
insert
NoteThe head of service must exercise a function in relation to a transfer in accordance with the merit and equity principle (see s 8 (3)).
Section 94, new note
insert
NoteThe head of service must exercise a function in relation to a transfer in accordance with the merit and equity principle (see s 8 (3)).
Sections 95 to 96A
omit
Sections 97 and 98
omit
Sections 101 (1) and 102 (1)
omit
level position
substitute
classification
Divisions 5.7 and 5.8
substitute

Division 5.7 Other movement within the service

Promotion or transfer after passing examination
(1)This section applies if the head of service prescribes—
(a)a class of office for this section; and
(b)that a test or another assessable task (an examination) must be passed by an officer before the officer can be transferred or promoted to an office in a stated prescribed class.
(2)If an office in the stated prescribed class is vacant and an examination has been undertaken, the head of service may—
(a)if 1 officer passed the examination and is otherwise eligible for transfer or promotion to that office—transfer or promote the officer to the office; or
(b)if 2 or more officers passed the examination and are otherwise eligible for transfer or promotion to the office—transfer or promote the officers in accordance with the order of merit in which they passed the examination.
(3)A transfer or promotion under this section takes effect on the day stated in the instrument of transfer or promotion.
Training offices
(1)The head of service may prescribe—
(a)required training for a class of office (a training office); and
(b)a class of office with a higher classification to which an officer occupying a training office may be promoted on satisfactory completion of the required training (a related qualified office).
(2)If the head of service is satisfied an officer has satisfactorily completed the required training for a training office—
(a)if there is a vacant related qualified office—the head of service must promote the officer to the office; or
(b)if there is no vacant related qualified office—the officer—
(i)becomes an unattached officer until a related qualified office becomes vacant; and
(ii)is taken to have the classification of the related qualified office.
(3)If a related qualified office becomes vacant, the head of service—
(a)must transfer to the office the unattached officer who has been waiting for a related qualified office to become vacant for the longest period; or
(b)may, if no officers have completed the required training—
(i)for a full-time qualified office—promote to the office the first full-time officer to complete the training; or
(ii)for a part-time qualified office—promote to the office the first part-time officer to complete the training; or
(iii)if subparagraphs (i) and (ii) do not apply—appoint, transfer or promote another person to the office.
(4)If 2 or more officers satisfactorily completed the required training for a training office on the same day, the officers are taken to have completed the training in order of merit, with the officer achieving the highest mark taken to have completed first.
(5)A promotion under this section takes effect on the day the promotion is made.
Promotion or transfer to training office
(1)If an officer is promoted under section 83 to a training office, another officer or an unattached officer with a classification lower than the classification of the related qualified office may appeal the promotion.
(2)If an officer is transferred under section 92 to a training office—
(a)another officer or an unattached officer with a classification lower than the classification of the related qualified office may appeal the transfer; and
(b)the office to which the officer was appointed immediately before the transfer remains vacant until—
(i)if the transfer is appealed—every appeal has been decided or otherwise ended; or
(ii)if the transfer is not appealed—the period during which an appeal can be made has ended.
(3)In this section:
related qualified office—see section 106 (1) (b).
training office—see section 106 (1) (a).
Movement within administrative unit
(1)This section applies if the head of service is satisfied on reasonable grounds that the efficient administration of an administrative unit requires an officer (including an unattached officer) or employee to move within the administrative unit.
(2)The head of service may—
(a)for an officer—transfer the officer to a vacant office in the administrative unit; or
(b)for an employee—
(i)end the employee’s employment; and
(ii)immediately after the employee’s employment ends, employ the employee again to exercise the required functions.
(3)Before exercising a function under subsection (2), the head of service must—
(a)consult the director-general of the unit; and
(b)give the officer or employee an opportunity to state the officer’s or employee’s views in relation to the change; and
(c)consider the views of the officer or employee.
NoteAn industrial instrument may set out further consultation requirements.
(4)A decision to transfer under this section is not an appellable or reviewable decision.
Movement between administrative units
(1)This section applies if the head of service is satisfied on reasonable grounds that the efficient administration of the service requires the movement of an officer (including an unattached officer), or an employee, from 1 administrative unit to another.
(2)The head of service may—
(a)for an officer—transfer the officer to a vacant office in the other administrative unit; or
(b)for an employee—
(i)end the employee’s employment; and
(ii)immediately after the employee’s employment ends, employ the employee again to exercise the required functions.
(3)Before exercising a function under subsection (2), the head of service must—
(a)consult—
(i)the officer or employee; and
(ii)the director-general of the administrative unit that would gain the officer or employee; and
(iii)the director-general of the administrative unit that would release the officer or end the employment of the employee; and
(b)consider whether the change is in the interests of the efficient administration of the service; and
(c)be satisfied that the efficient administration of the service requires the change.
NoteAn industrial instrument may set out further consultation requirements.
(4)A decision under subsection (2) must state—
(a)the date of effect of the action; and
(b) for an officer being transferred—
(i)whether the transfer is temporary or permanent; and
(ii)if the transfer is temporary—the period of the transfer.
(5)A decision to transfer under this section is not an appellable or reviewable decision.

Division 5.8 Temporary employment

Fixed term temporary employment
(1)The head of service may employ the person for a fixed term of—
(a)less than 12 months; or
(b)if the head of service consults the principal union about the need for the temporary employment—less than 5 years.
(2)The head of service may re‑employ the person without a break between the periods of employment if the cumulative period of engagement is less than—
(a)for an employee employed in accordance with subsection (1) (a)—12 months; or
(b)for an employee employed in accordance with subsection (1) (b)—5 years.
(3)A fixed term employee’s employment ends—
(a)on the day after the earliest of—
(i)the end of the term for which the employee is employed; or
(ii)a reasonable notice period given to the employee, in writing, by the head of service; or
(iii)a 2-week notice period given to the head of service, in writing, by the employee; or
(iv)a notice period agreed, in writing, between the employee and the head of service; or
(b)for an employee who begins a period of maternity leave before the end of the term for which the employee is employed—on the day after the latest of—
(i)the end of the term for which the employee is employed; or
(ii)the day the paid period of the employee’s maternity leave ends.
(4)In this section:
maternity leave means maternity leave under an industrial instrument.
Casual temporary employment
(1)The head of service may employ a person for temporary employment in an administrative unit to exercise the functions of an office on a casual basis.
(2)Employment on a casual basis must not be on a fixed term.
(3)A casual employee’s employment may be ended at any time by the head of service.
Work performed after end of temporary employment
(1)This section applies if—
(a)the temporary employment of a person has ended in accordance with section 110 (3) or section 111 (3); and
(b)that person continues to exercise functions or deliver services after the day the person’s employment ended.
(2)Any function exercised or service delivered by the person after the day the person’s employment ended does not renew or extend the person’s employment.
(3)However, the head of service may pay the person for a function exercised or service delivered in good faith after the day the person’s employment ended.
Record about employees
For each employee, the head of service must keep a record of—
(a)the employee’s date of birth; and
(b)the office to which, or functions for which, the employee is employed; and
(c)the day on which the employee’s employment started; and
(d)for an employee employed under section 110—the day on which the employee’s employment will end; and
(e)any past employment as a public servant, including the days on which the employment started and ended.

Division 5.9 Unattached officers

Becoming unattached officer
(1)The head of service may, with the written consent of an officer, state, in writing, that the officer will become an unattached officer on a particular day.
Note 1An officer may also become an unattached officer under s 65 (2) (b) (Reclassification of office) or s 106 (2) (b) (Training offices).
Note 2An officer may be declared to be an unattached officer under s 123 (Reduction in classification or retirement).
(2)The office occupied by the officer becomes vacant on the day the officer becomes an unattached officer.
(3)Unless otherwise agreed between the head of service and the unattached officer, the unattached officer—
(a)is included in the administrative unit in which the unattached officer occupied an office immediately before becoming unattached; and
(b)has the classification of the office that the unattached officer occupied immediately before becoming unattached; and
(c)has the hours of attendance of the office that the unattached officer occupied immediately before becoming unattached.
Becoming unattached officer on medical grounds
(1)This section applies if an authorised doctor has recommended that an officer should, because of physical or mental incapacity, be redeployed under section 122 or retired from the service under section 123.
(2)The head of service may state, in writing, that the officer will become an unattached officer on a particular day.
(3)The office occupied by the officer becomes vacant on the day the officer becomes an unattached officer.
(4)The officer must be given written notice of becoming unattached as soon as practicable.
Appointment as unattached officer
A person may be appointed as an unattached officer under section 68 (1) (Appointment to vacant office) if the head of service states, in writing—
(a)the administrative unit in which the person will be included; and
(b)a classification for the person, having regard to—
(i)the functions to be exercised by the person; and
(ii)the person’s qualifications; and
(c)the hours of attendance for the person.
Reappointment as unattached officer
(1)This section applies to a former officer who is reappointed as an unattached officer.
NoteA former officer may be reappointed as an unattached officer under s 136 (Reappointment of officer if unsuccessful election candidate) and s 137 (Reappointment of officer after quashing etc of conviction).
(2)Unless otherwise stated by the head of service, the unattached officer—
(a)is included in the administrative unit in which the unattached officer occupied an office immediately before becoming unattached; and
(b)has the classification of the office that the unattached officer occupied immediately before becoming unattached; and
(c)has the hours of attendance of the office that the unattached officer occupied immediately before becoming unattached.

Division 5.10 Secondment

Secondment to the service
(1)The head of service may approve a request from an eligible person for the secondment of the eligible person to the service.
(2)The eligible person must agree to the details of the secondment before the secondment begins.
(3)The person on secondment must exercise a function assigned to the person while on secondment in accordance with this Act and any other law applying in the territory.
(4)A person on secondment is taken to be a public servant for section 7 (Meaning of public sector values), section 8 (Meaning of public sector principles) and section 9 (Public sector conduct).
(5)In this section:
secondment, of a person to the service, means a written arrangement between the Territory and the employer of the person, under which the person works in the service as if the person was employed by the Territory.
Secondment of public servant to another employer
(1)The head of service may approve a request from a public servant for the secondment of the public servant to another employer.
(2)The public servant must agree to the details of the secondment before the secondment begins.
(3)Any function lawfully exercised by a public servant on secondment will not contravene this Act or another territory law if the function is exercised in the way the public servant is lawfully directed to exercise it.
(4)In this section:
secondment, of a public servant to another employer, means a written arrangement between the Territory and the other employer, under which the public servant exercises a function for the other employer as if the public servant was employed by the other employer.
Parts 6 and 10
substitute

Part 6Redeployment, underperformance and end of employment of officers

Definitions—pt 6
In this part:
confirmed officer means an officer who is not on probation.
incapacitated—an officer is incapacitated if the officer is unable to exercise functions appropriate to the officer’s classification because of physical or mental incapacity.
ineligible—an officer is ineligible for an office if the officer ceases to be an eligible person for the office.
Retirement
If an officer is at least 55 years old, the officer may retire from the service at any time.
Redeployment
(1)This section applies to a confirmed officer if the director-general of the officer’s administrative unit is satisfied on reasonable grounds that the officer is—
(a)incapacitated; or
(b)ineligible for the officer’s office; or
(c)an excess officer.
(2)The director-general must—
(a)take reasonable steps to find a vacant office that the officer is eligible for; and
(b)if the director-general finds a suitable vacant office—
(i)in writing, offer the office to the officer; and
(ii)if the officer consents to be transferred—transfer the officer to the office; and
(iii)if the officer does not consent to be transferred—refer the proposed redeployment to the head of service; and
(c)if the director-general does not find a suitable vacant office—refer the proposed redeployment to the head of service.
(3)If the redeployment is referred to the head of service, the head of service must—
(a)take reasonable steps to find a vacant office in the service that the officer is eligible for; and
(b)if the head of service finds a suitable vacant office—
(a)in writing, offer the office to the officer; and
(b)if the officer consents to be transferred—transfer the officer to the office.
(4)If the head of service cannot find a suitable vacant office to which the officer consents to be transferred the head of service must, in writing, refer the unsuccessful redeployment to the director-general.
Reduction in classification or retirement
(1)This section applies to an officer whose unsuccessful redeployment is referred to the director-general under section 122 (4).
(2)The director-general may, with written notice to the officer—
(a)reduce the officer’s classification by—
(i)transferring the officer to an office with a lower classification; or
(ii)declaring, in consultation with the head of service, the officer to be an unattached officer of a lower classification; or
(b)retire the officer from the service.
(3)A decision under subsection (2) is an appellable decision.
(4)If the officer agrees to a reduction in classification or retirement, the date of effect of the action is—
(a)for an incapacitated officer—a day agreed, in writing, between the officer and the director-general; or
(b)for an ineligible or an excess officer—any day after the day the notice was given that is agreed, in writing, between the officer and the director-general.
(5)If the officer does not agree to a reduction in classification or retirement, the date of effect of the action is—
(a)if an industrial instrument applies to the officer and states a retention period for the circumstances—the day after the end of the retention period; or
(b)if paragraph (a) does not apply—the latest of the following:
(i)the day stated in the notice;
(ii)the day 1 month after the day the notice was given to the officer;
(iii)if the officer appeals, but then withdraws the appeal—the day the appeal is withdrawn;
(iv)if the officer appeals and the appeal upholds the giving of the notice—the day the appeal is decided.
Limitation on retirement on ground of invalidity
(1)This section applies despite section 122 or section 123.
(2)An officer may not be retired from office on the ground of invalidity unless—
(a)if the officer is an eligible employee for the purposes of the Superannuation Act 1976 (Cwlth)—
(i)the officer has not reached the officer’s maximum retiring age within the meaning of that Act; and
(ii)a certificate has been given by the Commonwealth Superannuation Board of Trustees No 2 under that Act, section 54C for the officer; or
(b)if the officer is a member of the superannuation scheme established under the Superannuation Act 1990 (Cwlth)—
(i)the officer is under 60 years old; and
(ii)a certificate has been given by the Commonwealth Superannuation Board of Trustees No 1 under that Act, section 13 for the officer; or
(c)if the officer is an ordinary employer-sponsored member of PSSAP within the meaning of the Superannuation Act 2005 (Cwlth)—
(i)the officer is under 60 years old; and
(ii)a certificate has been given by the Commonwealth Superannuation Board of Trustees No 1 under that Act, section 43 for the officer.
(3)In this section:
invalidity means—
(a)for an eligible employee under the Superannuation Act 1976 (Cwlth)—invalidity under that Act; or
(b)for a member of the superannuation scheme established under the Superannuation Act 1990 (Cwlth)—invalidity under that Act; or
(c)for an ordinary employer sponsored member of the PSSAP within the meaning of the Superannuation Act 2005 (Cwlth)—invalidity under that Act; or
(d)for a member of a superannuation scheme declared by the head of service—invalidity under the scheme.
Underperformance
(1)The procedures that apply to underperformance by an officer are—
(a)if an industrial instrument applies to the officer and includes procedures for underperformance—the underperformance procedures in the industrial instrument; or
(b)in any other case—the prescribed underperformance procedures.
(2)In this section:
underperformance, by an officer, includes failure by the officer to exercise the functions of an office to the standard reasonably required.
End of employment for misconduct
(1)This section applies if under the misconduct procedures that apply to a public servant, the public servant has engaged in misconduct.
(2)The head of service may end the employment of the public servant.
(3)A decision to end employment for misconduct is not an appellable decision or a reviewable decision.
NoteA public servant may be able to take action in relation to termination of employment under the Fair Work Act 2009 (Cwlth).
Forfeiture of office
(1)This section applies if an officer is absent from work without permission for a continuous period of 4 weeks or more.
(2)The head of service may give the officer a written notice telling the officer that the officer will be taken to have retired from the service 2 weeks from the day the notice was sent unless, within the 2-week period, the officer—
(a)returns to work; or
(b)explains the absence and asks the head of service for any further period of absence that may be necessary having regard to that explanation.
NoteFor how documents may be served, see the Legislation Act, pt 19.5.
(3)The officer is taken to have retired from the service on the day after the end of the 2-week period unless the officer—
(a)returns to work; or
(b)explains the absence.
(4)If the officer explains the absence and asks the head of service for a further period of absence, the head of service must—
(a)as soon as practicable, consider the matter; and
(b)tell the officer, in writing, that the officer—
(i)is given leave for the period, including any conditions on the leave; or
(ii)must return to work within a stated period (of at least 2 weeks) or the officer will be taken to have retired from the service at the end of the stated period.
(5)If an officer is required to return to work within a period stated under subsection (4) (b) (ii) and the officer does not return to work in the period, the officer is taken to have retired from the service on the day after the end of the period.

Part 7Re-entry to the service
Division 7.1 Preliminary

Definitions—pt 7
In this part:
declaration, of the result of an election, means—
(a)if the election result is challenged, the earlier of—
(i)the determination of the challenge by a court of disputed returns (however described); or
(ii)the lapsing of the challenge; or
(b)in any other case—the date the election is declared.
election candidate means a candidate for election as—
(a)a member of the Legislative Assembly; or
(b)a member of a House of the Parliament of the Commonwealth or a State; or
(c)a member of the Legislative Assembly for the Northern Territory; or
(d)a member of a legislative or advisory body.
exonerated, in relation to a former public servant, means—
(a)the former public servant is convicted of an offence; and
(b)because of the conviction or a related misconduct procedure, disciplinary action taken for the public servant included ending the public servant’s employment; and
(c)after the disciplinary action is taken the former public servant—
(i)has the conviction quashed, nullified or set aside; or
(ii)is pardoned or released from prison as a result of an inquiry into the conviction.
unsuccessful election candidate means a person who—
(a)was a public servant; and
(b)ended employment with the service to become an election candidate within 6 months before the day nominations to be an election candidate closed; and
(c)was an election candidate; and
(d)failed to be elected.

Division 7.2 Former SES member

Limitation on re-engagement of SES member
(1)This section applies to a former SES member if—
(a)the SES member’s engagement was ended under section 38 (End of SES member’s engagement); or
(b)the SES member resigned under section 39 (SES member may resign).
(2)The former SES member must not be—
(a)re-engaged in a vacant SES position until any exclusion period has ended; and
(b)for a former SES member whose engagement was ended under section 38—engaged in a vacant SES position on a permanent basis—
(i)less than 12 months after the last day of the SES member’s former engagement; or
(ii)if the SES member is paid an amount in addition to an amount under section 241 (Payment on leaving the service) (an additional amount)—less than 24 months after the last day of the SES member’s former engagement.
(3)The exclusion period, in days, is worked out as follows:
Re-engagement of SES member after abandonment of employment
(1)This section applies to a former SES member whose engagement was ended under section 40 (End of engagement by resignation—abandonment of engagement by SES member).
(2)Within a reasonable time, the former SES member may ask to be re‑engaged.
(3)The former SES member must be engaged in a suitable SES position if the engager for the SES position considers the request is reasonable.
Re-engagement of SES member if unsuccessful election candidate
(1)This section applies to a former SES member if the former SES member is an unsuccessful election candidate.
(2)Within 2 months after the declaration of the result of the election, the former SES member may ask, in writing, to be re‑engaged.
(3)The former SES member must be engaged in an SES position if the engager for the SES position considers the request is reasonable.
(4)The engagement must be—
(a)to—
(i)the SES position in which the person had been engaged immediately before the SES member’s contract was terminated; or
(ii)an SES position as similar as possible to that SES position; and
(b)for the period ending on the same day as the terminated contract was due to end.

substitute
must prepare an annual report under

[1.29]Dictionary, note 2
insert
· public servant

Part 1.7Auditor-General Act 1996
[1.30]Section 8 (2) (e)
omit
the merit principles set out in the Public Sector Management Act 1994, section 65 (Application of merit principle)
substitute
an open and accountable selection process

[1.31]Section 9B (2) (a)
substitute
(a)the public sector standards commissioner;

[1.32]Section 9C
substitute

9CAuditor-general’s staff
(1)The auditor-general may employ staff on behalf of the Territory.
(2)The auditor-general’s staff must be employed under the Public Sector Management Act 1994.
NoteThe Public Sector Management Act 1994, div 8.2 applies to the auditor‑general in relation to the employment of staff (see Public Sector Management Act 1994, s 152).

[1.33]Section 9E
substitute

9EOther arrangements for staff and facilities
The auditor-general may arrange with the head of service to use the services of a public servant or Territory facilities.
NoteThe head of service may delegate powers in relation to the management of public servants to a public servant or another person (see Public Sector Management Act 1994, s 18).

[1.34]Section 9F (a)
substitute
(a)a member of staff mentioned in section 9C; or

[1.35]Section 37 (3), new definition of staff
insert
staff means—
(a)staff mentioned in section 9C; and
(b)a contractor mentioned in section 9D; and
(c)a public servant mentioned in section 9E.

[1.36]Dictionary, note 2
insert
· head of service
· public servant

Part 1.8Board of Senior Secondary Studies Act 1997
[1.37]New section 6 (2) and (3)
insert
(2)For section 6 (1) (a), if the board appoints a public servant, the public servant must be appointed in accordance with any conditions determined by the head of service.
(3)A determination is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.

[1.38]Section 18
omit
board staff member mentioned in section 19
substitute
consultant engaged under section 19 or a public servant mentioned in section 19A

[1.39]Section 19
substitute

Consultants
(1)The board may, for the Territory, engage consultants to, or to perform services for, the board.
(2)Consultants are to be engaged on written terms decided by the board that are approved by the Minister.
(3)However, this section does not give the board a power to enter into a contract of employment.

19AArrangements for staff
The board may arrange with the head of service to use the services of a public servant.
NoteThe head of service may delegate powers in relation to the management of public servants to a public servant or another person (see Public Sector Management Act 1994, s 18).

[1.40]Dictionary, note 2
insert
· head of service
· public servant

Part 1.9Canberra Institute of Technology Act 1987
[1.41]Section 15
substitute

Institute’s staff
(1)The chief executive officer may employ staff for the institute on behalf of the Territory.
(2)The institute’s staff must be employed under the Public Sector Management Act 1994.
NoteThe Public Sector Management Act 1994, div 8.2 applies to the director in relation to the employment of staff (see Public Sector Management Act 1994, s 152).

Part 1.10Cemeteries and Crematoria Act 2003
[1.42]Section 44
substitute

Arrangements for staff
The cemeteries authority may arrange with the head of service to use the services of a public servant.
NoteThe head of service may delegate powers in relation to the management of public servants to a public servant or another person (see Public Sector Management Act 1994, s 18).

[1.43]Dictionary, note 2
insert
· head of service
· public servant

Part 1.11Children and Young People Act 2008
[1.44]Section 727I
substitute

727IArrangements for staff
The head of service must, on request of the CYP death review committee, arrange with the committee for the committee to use the services of a public servant.
NoteThe head of service may delegate powers in relation to the management of public servants to a public servant or another person (see Public Sector Management Act 1994, s 18).

[1.45]Dictionary, note 2
insert
· head of service

Part 1.12Climate Change and Greenhouse Gas Reduction Act 2010
[1.46]Dictionary, note 2
insert
·     public sector body
·     public service
·     territory instrumentality

[1.47]Dictionary, definition of government agency
substitute
government agency means—
(a)the public service; or
(b)a public sector body; or
(c)a territory instrumentality.

Part 1.13Commissioner for Sustainability and the Environment Act 1993
[1.48]Dictionary, note 2
insert
· head of service
· public servant

[1.49]Dictionary, definition of principal officer, paragraph (a)
omit
Commissioner for Public Administration
substitute
head of service

Part 1.14Construction Occupations (Licensing) Act 2004
[1.50]Section 112 (1)
omit
is a public authority for
substitute
must prepare an annual report under

Part 1.15Crimes Act 1900
[1.51]Section 49A, definition of senior officer, examples and note
substitute
Examples—par (a) (ii)
· the head of service
· a director-general
Example—par (a) (iii)
an executive under the Public Sector Management Act 1994
NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

[1.52]Section 153 heading
substitute

Disclosure of information by territory officer

[1.53]Dictionary, note 2
insert
· head of service

Part 1.16Crimes (Child Sex Offenders) Act 2005
[1.54]Section 132ZL, definition of government agency
substitute
government agency means—
(a)the public service; or
(b)a public sector body; or
(c)a territory instrumentality.

[1.55]Dictionary, note 2
insert
· public service
· public sector body

[1.56]Dictionary, note 2
omit
· statutory office-holder

Part 1.17Crimes (Restorative Justice) Act 2004
[1.57]Section 22 (2), example, note 2
substitute
Note 2A director‑general may delegate any powers given to the director‑general under this Act under the Public Sector Management Act 1994, s 20.

Part 1.18Crimes (Sentence Administration) Act 2005
[1.58]Section 292 (3)
omit
director-general
substitute
head of service

[1.59]Dictionary, note 2
insert
· head of service

Part 1.19Crimes (Sentencing) Act 2005
[1.60]Dictionary, note 2
insert
· head of service

Part 1.20Cultural Facilities Corporation Act 1997
[1.61]Section 12
substitute

Corporation’s staff
(1)The chief executive officer may employ staff for the corporation on behalf of the Territory.
(2)The corporation’s staff must be employed under the Public Sector Management Act 1994.
NoteThe Public Sector Management Act 1994, div 8.2 applies to the chief executive officer in relation to the employment of staff (see Public Sector Management Act 1994, s 152).

Part 1.21Dangerous Substances Act 2004
[1.62]Dictionary, note 2
insert
· public servant

Part 1.22Director of Public Prosecutions Act 1990
[1.63]Division 3.2 heading
substitute

Division 3.2 Staff of the office
[1.64]Section 30
substitute

Director’s staff
(1)The director may employ staff on behalf of the Territory.
(2)The director’s staff must be employed under the Public Sector Management Act 1994.
NoteThe Public Sector Management Act 1994, div 8.2 applies to the director in relation to the employment of staff (see Public Sector Management Act 1994, s 152).

[1.65]Section 32
substitute

Other arrangements for staff and facilities
The director may arrange with the head of service to use the services of a public servant or Territory facilities.
NoteThe head of service may delegate powers in relation to the management of public servants to a public servant or another person (see Public Sector Management Act 1994, s 18).

[1.66]Dictionary, note 2
insert
· head of service
· public servant

[1.67]Dictionary, definition of member of the staff, paragraph (a)
omit
(Staff)
substitute
(Director’s staff)

[1.68]Dictionary, definition of member of the staff, paragraph (c)
omit
(Other staffing arrangements)
substitute
(Other arrangements for staff and facilities)

Part 1.23Electoral Act 1992
[1.69]Section 7 (1) (d)
substitute
(d)to provide information and advice on matters relating to elections to—
(i)the Assembly; and
(ii)the Executive; and
(iii)the head of service; and
(iv)directors-general; and
(v)statutory office-holders; and
(vi)territory authorities; and
(vii)territory instrumentalities; and
(viii)political parties; and
(ix)MLAs; and
(x)candidates at elections;

[1.70]Section 10
omit

[1.71]Section 12 (2) (e)
substitute
(e)in accordance with an open and accountable selection process.

[1.72]New section 12C (1) (ba)
insert
(ba)has been the head of service; or

[1.73]Section 18A (2) (a)
substitute
(a)the public sector standards commissioner;

[1.74]Section 31
substitute

Commissioner’s staff
(1)The commissioner may employ staff on behalf of the Territory.
(2)The commissioner’s staff (other than staff mentioned in section 32 (1) (a)) must be employed under the Public Sector Management Act 1994.
NoteThe Public Sector Management Act 1994, div 8.2 applies to the commissioner in relation to the employment of staff (see Public Sector Management Act 1994, s 152).

[1.75]Section 33B (1) (b)
omit
commission’s
substitute
commissioner’s

[1.76]Section 33C (1)
omit
staff of the electoral commission
substitute
commissioner’s staff

[1.77]Section 67 (1) (a)
substitute
(a)the head of service; or
(aa)a director-general; or

[1.78]Section 340
omit
director-general of the administrative unit responsible for the Public Sector Management Act 1994, division 3.4 shall
substitute
head of service must

[1.79]Dictionary, note 2
insert
·     head of service
·     public sector body
·     public sector standards commissioner
·     public service

[1.80]Dictionary, definition of government agency
substitute
government agency means—
(a)the public service; or
(b)a public sector body; or
(c)a territory instrumentality.

Part 1.24Environment Protection Act 1997
[1.81]Section 17 (1)
omit
makes a disclosure about a matter under the Public Sector Management Act 1994, section 9 (j),
substitute
discloses a conflict of interest in accordance with the Public Sector Management Act 1994, section 9 (1) (b),

Part 1.25Financial Management Act 1996
[1.82]Dictionary, note 2
insert
· public employee
· public servant

Part 1.26Firearms Regulation 2008
[1.83]Section 15 (2) (c)
omit
a person engaged or employed by
substitute
a public servant in

[1.84]Dictionary, note 2
insert
· public servant

Part 1.27First Home Owner Grant Act 2000
[1.85]Section 52 (1) (c)
omit
works in an administrative unit of the public service
substitute
is a public servant

[1.86]Dictionary, note 2
insert
· public servant

Part 1.28Food Regulation 2002
[1.87]Section 8
omit
to which the chief health officer belongs
substitute
responsible for the Public Health Act 1997, section 7 (Chief health officer)

Part 1.29Freedom of Information Act 1989
[1.88]Section 55 (1)
omit
commissioner for public administration
substitute
public sector standards commissioner

[1.89]Section 79 (1) (b)
omit
, section 5 (Annual report of director-general)

[1.90]Dictionary, note 2
insert
· public sector standards commissioner

[1.91]Dictionary, note 2
omit
· public servant

Part 1.30Gambling and Racing Control Act 1999
[1.92]Section 14
substitute

Commission’s staff
(1)The chief executive officer may employ staff for the commission on behalf of the Territory.
(2)The commission’s staff must be employed under the Public Sector Management Act 1994.
NoteThe Public Sector Management Act 1994, div 8.2 applies to the chief executive officer in relation to the employment of staff (see Public Sector Management Act 1994, s 152).

[1.93]Dictionary, note 2
insert
· public servant

Part 1.31Gene Technology Act 2003
[1.94]Dictionary, note 2
insert
· administrative unit
· public servant

Part 1.32Government Procurement Act 2001
[1.95]Section 21
substitute

Arrangements for staff
The board may arrange with the head of service to use the services of a public servant.
NoteThe head of service may delegate powers in relation to the management of public servants to a public servant or another person (see Public Sector Management Act 1994, s 18).

[1.96]Section 35 (4), definition of public employee
omit

[1.97]Dictionary, note 2
insert
·     head of service
·     public employee
·     public servant

Part 1.33Government Procurement Regulation 2007
[1.98]Section 10 (1), note 2
omit

Part 1.34Health (National Health Funding Pool and Administration) Act 2013
[1.99]Dictionary, definition of director-general
omit
employed under the Public Sector Management Act 1994, section 28 or section 30
substitute
engaged under the Public Sector Management Act 1994, section 31 (2)

Part 1.35Heritage Act 2004
[1.100]Section 117, note 2
substitute
Note 2The director-general may delegate the function under this section, for example, to the council secretary (see Public Sector Management Act 1994, s 20).

[1.101]Section 121, note 2
omit
s 36C
substitute
s 20

Part 1.36Human Rights Act 2004
[1.102]Dictionary, note 2
insert
· public employee
· public service

Part 1.37Human Rights Commission Act 2005
[1.103]Division 3.10 heading
substitute

Division 3.10 Consultants of commission
[1.104]Section 36
omit

Part 1.38Independent Competition and Regulatory Commission Act 1997
[1.105]Section 11
substitute

Commission’s staff
(1)The chief executive officer may employ staff for the commission on behalf of the Territory.
(2)The commission’s staff must be employed under the Public Sector Management Act 1994.
NoteThe Public Sector Management Act 1994, div 8.2 applies to the chief executive officer in relation to the employment of staff (see Public Sector Management Act 1994, s 152).

Part 1.39Inquiries Act 1991
[1.106]Section 12
substitute

Arrangements for staff
(1)A board may arrange with the head of service to use the services of a public servant.
NoteThe head of service may delegate powers in relation to the management of public servants to a public servant or another person (see Public Sector Management Act 1994, s 18).
(2)A public servant subject to an arrangement under subsection (1) must act in accordance with the direction of a member, and not otherwise.

[1.107]Dictionary, note 2
insert
· head of service
· public servant

Part 1.40Judicial Commissions Act 1994
[1.108]Section 13
substitute

Arrangements for staff
(1)A commission may arrange with the head of service to use the services of a public servant.
NoteThe head of service may delegate powers in relation to the management of public servants to a public servant or another person (see Public Sector Management Act 1994, s 18).
(2)A public servant subject to an arrangement under subsection (1) must act in accordance with the direction of a member, and not otherwise.

[1.109]Dictionary, note 2
insert
· head of service
· public servant

Part 1.41Lakes Act 1976
[1.110]Dictionary, note 2
omit
· public employee

Part 1.42Law Officers Act 2011
[1.111]Section 22
substitute

Solicitor-general’s staff
(1)This section applies if a direction under section 17 (1) (c) (Solicitor‑general’s functions and entitlements) is in force.
(2)The solicitor-general may employ staff on behalf of the Territory.
(3)The solicitor-general’s staff must be employed under the Public Sector Management Act 1994.
NoteThe Public Sector Management Act 1994, div 8.2 applies to the solicitor-general in relation to the employment of staff (see Public Sector Management Act 1994, s 152).

[1.112]Section 24
substitute

Other arrangements for staff and facilities
The solicitor-general may arrange with the head of service to use the services of a public servant or Territory facilities.
NoteThe head of service may delegate powers in relation to the management of public servants to a public servant or another person (see Public Sector Management Act 1994, s 18).

[1.113]Dictionary, note 2
insert
· head of service
· public servant

Part 1.43Legal Aid Act 1977
[1.114]Sections 68 (2) and 68A (5) and (6)
omit
commissioner for public administration
substitute
public sector standards commissioner

[1.115]Dictionary, note 2
insert
· public sector standards commissioner

Part 1.44Legal Profession Act 2006
[1.116]Dictionary, note 2
insert
· public employee
· public servant

Part 1.45Legislation Act 2001
[1.117]Dictionary, part 1, definitions of commissioner for public administration and designation
omit

[1.118]Dictionary, part 1, definition of gazette, paragraph (b)
substitute
(b)for a notice or other information that must or may be notified or published in the gazette—a place approved by the public sector standards commissioner.

[1.119]Dictionary, part 1, new definition of head of service
insert
head of service means the head of service under the Public Sector Management Act 1994.

[1.120]Dictionary, part 1, definition of public employee
substitute
public employee means—
(a)a public servant; or
(b)a public sector member; or
(c)a person employed by a territory instrumentality.

[1.121]Dictionary, part 1, new definitions
insert
public sector body means—
(a)a body made up of public sector members; and
(b)includes a body made up of 1 statutory office-holder.
public sector member means a public sector member under the Public Sector Management Act 1994, section 150.
public sector standards commissioner means the Public Sector Standards Commissioner under the Public Sector Management Act 1994.

[1.122]Dictionary, part 1, definition of territory instrumentality, paragraph (a)
omit

Part 1.46Legislative Assembly (Members’ Staff) Act 1989
[1.123]Section 6 (1)
substitute
(1)This section applies if a matter relating to the employment of a part 2 employee is not covered by this Act or by the agreement of employment.
(1A)The PSM Act applies in relation to the matter for the term indicated in the agreement of employment, as if the employee were employed under the PSM Act, section 110 (Fixed term temporary employment).

[1.124]Section 11 (1)
substitute
(1)This section applies if a matter relating to the employment of a part 3 employee is not covered by this Act or by the agreement of employment.
(1A)The PSM Act applies in relation to the matter for the term indicated in the agreement of employment, as if the employee were employed under the PSM Act, section 110 (Fixed term temporary employment).

[1.125]Part 4
omit

[1.126]Dictionary, note 2
omit
· public servant
· public service

Part 1.47Legislative Assembly (Office of the Legislative Assembly) Act 2012
[1.127]Section 7
substitute

Clerk’s staff
(1)The clerk may employ staff on behalf of the Territory.
(2)The clerk’s staff must be employed under the Public Sector Management Act 1994.
NoteThe Public Sector Management Act 1994, div 8.2 applies to the clerk in relation to the employment of staff (see Public Sector Management Act 1994, s 152).

[1.128]Section 9 (2) (e)
omit
the merit principles set out in the Public Sector Management Act 1994, section 65 (Application of merit principle)
substitute
an open and accountable selection process

[1.129]Section 13 (2) (a)
substitute
(a)the public sector standards commissioner;

[1.130]Dictionary, note 2
omit
· commissioner for public administration

[1.131]Dictionary, note 2
insert
· public sector standards commissioner

Part 1.48Lifetime Care and Support (Catastrophic Injuries) Act 2014
[1.132]Section 13
substitute

LTCS commissioner’s staff
(1)The LTCS commissioner may employ staff on behalf of the Territory.
(2)The LTCS commissioner’s staff must be employed under the Public Sector Management Act 1994.
NoteThe Public Sector Management Act 1994, div 8.2 applies to the LTCS commissioner in relation to the employment of staff (see Public Sector Management Act 1994, s 152).

Part 1.49Long Service Leave (Portable Schemes) Act 2009
[1.133]Section 79J
substitute

79JArrangements for staff
The authority may arrange with the head of service to use the services of a public servant.
NoteThe head of service may delegate powers in relation to the management of public servants to a public servant or another person (see Public Sector Management Act 1994, s 18).

[1.134]Dictionary, note 2
insert
· head of service

Part 1.50Magistrates Court Act 1930
[1.135]Section 9A
omit

Part 1.51National Environment Protection Council Act 1994
[1.136]Section 48 heading
substitute

Australian public service staff of service corporation

Part 1.52Ombudsman Act 1989
[1.137]New section 9 (12) (aa)
before paragraph (a), insert
(aa)if the person is the head of service—the Chief Minister; or

[1.138]Section 22 (4) (e)
omit
the merit principles set out in the Public Sector Management Act 1994, section 65 (Application of merit principle)
substitute
an open and accountable selection process

[1.139]Section 28A (2) (a)
substitute
(a)the public sector standards commissioner;

[1.140]Section 30
substitute

Ombudsman’s staff
(1)The ombudsman may employ staff on behalf of the Territory.
(2)The ombudsman’s staff—
(a)must be employed under the Public Sector Management Act 1994; or
(b)if the Commonwealth ombudsman is the ombudsman—must be appointed or employed under the Public Service Act 1999 (Cwlth).
NoteThe Public Sector Management Act 1994, div 8.2 applies to the ombudsman in relation to the employment of staff under the Public Sector Management Act 1994 (see Public Sector Management Act 1994, s 152).

30ADirection to ombudsman’s staff
The ombudsman’s staff are not subject to direction from anyone other than the following people in relation to the exercise of the ombudsman’s functions:
(a)the ombudsman;
(b)another member of the ombudsman’s staff authorised by the ombudsman to give directions.

[1.141]Section 32
omit
staff assisting the ombudsman
substitute
ombudsman’s staff

[1.142]Dictionary, note 2
insert
·     head of service
·     public sector standards commissioner
·     public servant
·     public service

Part 1.53Planning and Development Act 2007
[1.143]Section 25
substitute

Authority’s staff
(1)The chief planning executive may employ staff for the planning and land authority on behalf of the Territory.
(2)The planning and land authority staff must be employed under the Public Sector Management Act 1994.
NoteThe Public Sector Management Act 1994, div 8.2 applies to the chief planning executive in relation to the employment of staff (see Public Sector Management Act 1994, s 152).

25AArrangements for staff
The chief planning executive may arrange with the head of service to use the services of a public servant.
NoteThe head of service may delegate powers in relation to the management of public servants to a public servant or another person (see Public Sector Management Act 1994, s 18).

[1.144]Section 44
substitute

Land agency’s staff
(1)The chief executive officer may employ staff for the land agency on behalf of the Territory.
(2)The land agency’s staff must be employed under the Public Sector Management Act 1994.
NoteThe Public Sector Management Act 1994, div 8.2 applies to the chief executive officer in relation to the employment of staff (see Public Sector Management Act 1994, s 152).

[1.145]Dictionary, note 2
insert
· head of service
· public servant

Part 1.54Public Interest Disclosure Act 2012
[1.146]Section 17 (d)
omit
an administrative unit
substitute
the public service

[1.147]Dictionary, note 2
omit
· commissioner for public administration

[1.148]Dictionary, note 2
insert
·     head of service
·     public sector standards commissioner
·     public service

[1.149]Dictionary, definition of ACTPS entity, paragraph (a)
substitute
(a)the public service;

[1.150]Dictionary, definition of commissioner
omit
commissioner for public administration
substitute
public service standards commissioner

[1.151]Dictionary, definition of head of service
omit

Part 1.55Rates Act 2004
[1.152]Dictionary, note 2
omit
· public employee

Part 1.56Remuneration Tribunal Act 1995
[1.153]Section 18
substitute

Arrangements for staff and facilities
The tribunal may arrange with the head of service to use the services of a public servant or Territory facilities.
NoteThe head of service may delegate powers in relation to the management of public servants to a public servant or another person (see Public Sector Management Act 1994, s 18).

[1.154]Schedule 1, part 1.2, 1st dot point
omit
, other than a member employed under the Public Sector Management Act 1994

Part 1.57Royal Commissions Act 1991
[1.155]Section 12
substitute

Arrangements for staff
(1)The staff of a commission must be public servants made available to the commission by the head of service.
NoteThe head of service may delegate powers in relation to the management of public servants to a public servant or another person (see Public Sector Management Act 1994, s 18).
(2)A public servant subject to an arrangement under subsection (1) must act in accordance with the direction of a commissioner, and not otherwise.

Part 1.58Supervised Injecting Place Trial Act 1999
[1.156]Dictionary, note 2
insert
· public employee

Part 1.59Supreme Court Act 1933
[1.157]Section 46B
omit

[1.158]Dictionary, note 2
insert
· public servant

Part 1.60Taxation Administration Act 1999
[1.159]Section 76
omit

[1.160]New section 77 (2)
insert
(2)However, the commissioner must not enter into a contract of employment under this section.

Part 1.61Territory Records Act 2002
[1.161]Section 7 (g)
substitute
(g)the public service; or

[1.162]Section 8 (a)
substitute
(a)for the Executive—the head of service; or

[1.163]Section 8 (g) and (h)
substitute
(g)for the public service—the head of service; or
(h)for a royal commission, board of inquiry or judicial commission—the head of service; or

[1.164]Section 25 (1) (b), (2) (b) and (3) (b)
omit
relevant director-general
substitute
head of service

[1.165]Section 25 (4)
omit

[1.166]Section 33 (1), note 2
omit

[1.167]Section 40
substitute

Arrangements for staff
The director may arrange with the head of service to use the services of a public servant.
NoteThe head of service may delegate powers in relation to the management of public servants to a public servant or another person (see Public Sector Management Act 1994, s 18).

[1.168]Dictionary, note 2
omit
· director-general (see s 163)

[1.169]Dictionary, note 2
insert
·     head of service
·     public servant
·     public service

Part 1.62Unclaimed Money Act 1950
[1.170]Dictionary, definition of trust account
omit

Part 1.63Victims of Crime Act 1994
[1.171]Section 21
substitute

Victims services scheme—annual report
The annual reporting authority nominated in accordance with the regulations must prepare an annual report under the Annual Reports (Government Agencies) Act 2004 about the operations of the scheme within the relevant financial year.
NoteFinancial year has an extended meaning in the Annual Reports (Government Agencies) Act 2004.

Part 1.64Workers Compensation Act 1951
[1.172]Division 8.2.2 heading
substitute

Division 8.2.2 Establishment etc of DI fund
[1.173]Section 166E
omit

Part 1.65Work Health and Safety Act 2011
[1.174]Schedule 2, section 2.18 (2)
omit
staff assisting the commissioner
substitute
commissioner’s staff

[1.175]Schedule 2, section 2.23
omit

[1.176]Schedule 2, section 2.24
omit
staff assisting the commissioner
substitute
commissioner’s staff

Endnotes

Presentation speech
Presentation speech made in the Legislative Assembly on 8 June 2016.
Notification
Notified under the Legislation Act on 25 August 2016.
Republications of amended laws
For the latest republication of amended laws, see certify that the above is a true copy of the Public Sector Management Amendment Bill 2016, which was passed by the Legislative Assembly on 4 August 2016.
Clerk of the Legislative Assembly
© Australian Capital Territory 2016