State Service Amendment (Performance) Act 2011 (TAS)

State Service Amendment (Performance) Act 2011

An Act to amend the State Service Act 2000

[Royal Assent 13 July 2011]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the State Service Amendment (Performance) Act 2011 . 2CommencementThis Act commences on a day to be proclaimed. 3Principal ActIn this Act, the State Service Act 2000 is referred to as the Principal Act. 4Section 3 amended (Interpretation) Section 3(1) of the Principal Act is amended by inserting after the definition of officer the following definition: performance management plan means a professional development and performance management plan prepared under section 34(1)(g) ; 5Section 7 amended (State Service Principles) Section 7(1) of the Principal Act is amended by omitting paragraph (j) and substituting the following paragraphs: (j) the State Service plans for and promotes effective performance management in which Heads of Agencies, officers and employees are accountable for the performance of their functions and exercise of their powers; (ja) there is an expectation that officers and employees – (i) will perform to the standard and requirements identified in the performance management plan relating to the officer or employee; and (ii) will be responsive to Government priorities; and (iii) will deliver quality services; 6Section 34 amended (Functions and powers of Heads of Agencies) Section 34(1) of the Principal Act is amended as follows: (a) by omitting paragraph (g) and substituting the following paragraphs: (g) to ensure a performance management plan is prepared in consultation with an officer or employee employed in that Agency in relation to the officer or employee in accordance with systems established by that Agency; and (ga) to develop and implement effective performance management and associated development for all officers and employees employed in that Agency to enable those officers and employees to plan and achieve the standard and requirements identified in the performance management plan relating to the officer or employee; and (b) by omitting paragraph (i) and substituting the following paragraph: (i) to assist an officer or employee employed in that Agency to undertake such training, education and development as is identified in the performance management plan relating to the officer or employee to ensure the officer or employee achieves the standard and requirements identified in that plan in the performance of the duties assigned to them and for which they are accountable; and 7Section 36 amended (Annual reports by Heads of Agencies) Section 36(1) of the Principal Act is amended by inserting after paragraph (b) the following paragraph: (ba) the effectiveness within that Agency of the development and implementation of performance management; and 8Section 44 amended (Termination of employment of officers and employees) Section 44(3) of the Principal Act is amended by inserting after paragraph (c) the following paragraph: (ca) that the officer or employee is not performing his or her functions to the standard and requirements identified in the performance management plan relating to the officer or employee; 9Part 7A insertedAfter section 51 of the Principal Act , the following Part is inserted: PART 7AManaging for Performance 51ARole and responsibility of Head of Agency in relation to managing for performance (1)  The Head of Agency is to ensure that performance management and development in that Agency is integrated with employment practices in, and the business direction of, that Agency to enable quality services to be delivered across the State Service. (2)  The Head of Agency is to ensure that performance management and development is focused on the advancement of the business direction of that Agency to enable quality services to be delivered across the State Service. (3)  The Head of Agency is to ensure that – (a) all officers and employees employed in that Agency participate in performance management programs and systems established in that Agency; and (b) all officers and employees employed in that Agency understand the importance of, and work to achieve performance to, the standard and requirements identified in the performance management plan relating to the officer or employee in the carrying out of their functions and exercise of their powers; and (c) effective performance management and supporting development systems and programs are established and implemented for all officers and employees employed in that Agency; and (d) information relating to performance management and supporting development systems and programs established in that Agency are made available to all officers and employees employed in that Agency. 51BRole and responsibility of officers and employees in participating in, and managing for, performance An officer or employee employed in an Agency is to – (a) actively prepare for and participate in performance management programs and systems established in that Agency; and (b) perform his or her functions to the standard and requirements identified in a performance management plan relating to the officer or employee; and (c) undertake any training, education and development that is identified from his or her participation in the performance management programs and systems established in that Agency as being relevant for the development of that officer or employee –to ensure that – (d) he or she is accountable for the work produced by the officer or employee; and (e) he or she is responsive to Government priorities in the performance or exercise of his or her functions or powers; and (f) he or she delivers quality services in the performance or exercise of his or her functions or powers. 51CUnderperformance, &c., of officer or employee (1)  The Minister may issue a Ministerial Direction relating to – (a) the responsibilities of the Head of Agency in relation to performance management and reporting on performance management; and (b) the action that may be taken by the Head of Agency in relation to an officer or employee who is not performing his or her functions to the standard and requirements identified in the performance management plan relating to the officer or employee, which may include recommending to the Minister the termination of the employment of the officer or employee; and (c) the action that may be taken by the Head of Agency in recognising performance greater than the standard and requirements identified in the performance management plan relating to the officer or employee; and (d) any matters contained in this Part. (2)  If the Head of Agency is of the opinion that an officer or employee employed in that Agency is not performing his or her functions to the standard and requirements identified in the performance management plan relating to the officer or employee, the Head of Agency is to take action with respect to the officer or employee in accordance with the Ministerial Direction issued under subsection (1) . (3)  If action is taken in accordance with the Ministerial Direction issued under subsection (1) with respect to an officer or employee, and the Head of the Agency in which the officer or employee is employed is of the opinion that the performance of the officer or employee is not to the standard and requirements identified in the performance management plan relating to the officer or employee, the Head of Agency is to, by notice in writing, inform the officer or employee – (a) that in the opinion of the Head of Agency the performance of the officer or employee is not to the standard and requirements identified in the performance management plan relating to the officer or employee; and (b) that the Head of Agency intends to recommend to the Minister termination of the employment of the officer or employee in the State Service; and (c) that the officer or employee may within 14 days of the date of the notice respond to the Head of Agency in relation to the matters contained in the notice. (4)  The Head of Agency must not give a notice to an officer or employee under subsection (3) unless the officer or employee has been given an opportunity in accordance with the Ministerial Direction issued under subsection (1) to improve his or her performance. (5)  The Head of Agency may, not before the expiration of 14 days from the date of the notice, after considering the response of the officer or employee, take action in relation to the officer or employee which may include recommending to the Minister the termination of the employment of the officer or employee in the State Service. 10Repeal of ActThis Act is repealed on the ninetieth day from the day on which it commences.

[Second reading presentation speech made in:

House of Assembly on 22 JUNE 2011

Legislative Council on 5 JULY 2011]