Public Sector Management Amendment Act 2024 (ACT)

Public Sector Management Amendment Act 2024

A2024-48

An Act to amend the Public Sector Management Act 1994

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

1. Name of Act

   This Act is the Public Sector Management Amendment Act 2024.

2. Commencement

   This Act commences on the day after its notification day.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Legislation amended

   This Act amends the Public Sector Management Act 1994.

4. Appointment to vacant office
   Section 68 (2) (b)

   omit

5. Section 68 (2) (c) (v)

   omit

   educational

6. Record about officers
   New section 69 (e)

   insert

   (e)if the officer holds a visa that permits them to work in the service—the following information about the officer’s visa:

   (i)the period during which the officer is permitted to work in the service;

   (ii)the work the officer is permitted to do;

   (iii)any other information that is relevant to the officer being an eligible person for appointment.

7. Fixed term temporary employment
   Section 110 (1), new note

   insert

   NoteThe Fair Work Act 2009 (Cwlth), s 333E sets out additional limitations on certain fixed term employment that apply except in the circumstances mentioned in that Act, s 333F.

8. New section 124A

   insert

124AEnd of employment if visa no longer held

(1)This section applies if an officer—

(a)is not an Australian citizen or permanent resident of Australia; and

(b)becomes ineligible for their office because they no longer hold a visa that permits them to work in the service.

(2)The head of service must end the employment of the officer.

(3)A decision to end employment under this section is not an appellable decision or a reviewable decision.

(4)Section 122 and section 123 do not apply if this section applies.

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 6 June 2024.

2. Notification

   Notified under the Legislation Act on 19 September 2024.

3. 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 2024, which was passed by the Legislative Assembly on 5 September 2024.

   Clerk of the Legislative Assembly

   © Australian Capital Territory 2024