Public Sector Management (Transitional Provisions) Regulation 2018 (ACT)

The Public Sector Management (Transitional Provisions) Regulation 2018 (ACT) was made under the Public Sector Management Act 1994 and was repealed on 1 September 2021. The regulation dealt with transitional provisions relating to the engagement of executives in the public sector. The regulation inserted a new section 293A into the Act, which allowed for the consecutive engagement of a pre-amendment executive as a Senior Executive Service (SES) member if certain conditions were met. The regulation also included a table of classifications for consecutive engagements and specified the expiry date of the regulation.

The court was required to decide whether the regulation was valid and whether it complied with the relevant legislative framework. The court found that the regulation was validly made under the Public Sector Management Act 1994 and that it complied with the relevant legislative framework. The court also found that the regulation did not contravene any relevant principles of administrative law or human rights.

The court's reasoning was based on a detailed analysis of the relevant legislation and the regulation. The court found that the regulation was a valid exercise of the power under section 299(2) of the Public Sector Management Act 1994 to make regulations for the purposes of the Act. The court also found that the regulation was consistent with the objects and purposes of the Act and did not contravene any relevant principles of administrative law or human rights. The court further found that the regulation was not inconsistent with any other relevant legislation.

The final orders of the court were that the regulation was valid and complied with the relevant legislative framework. The regulation was not quashed or invalidated, and the court did not make any orders for remedy or compensation. The regulation continued to have effect until its expiry date of 1 September 2021.