Workplace Legislation Amendment Act 2018 (ACT)

Workplace Legislation Amendment Act 2018

A2018-10

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

Part 2      Public Sector Management Act 1994

4            Section 246  3

Part 3Workplace Privacy Amendment Act 2016

5            Sections 5 and 7 to 16  4

Workplace Legislation Amendment Act 2018

A2018-10

An Act to amend the Public Sector Management Act 1994 and the Workplace Privacy Amendment Act 2016

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

Part 1Preliminary

1. Name of Act

   This Act is the Workplace Legislation Amendment Act 2018.

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 and the Workplace Privacy Amendment Act 2016.

Part 2Public Sector Management Act 1994

1. Section 246

   substitute

2. Repaying overpayment

   (1)A public servant must repay any amount paid by the Territory to the public servant to which the public servant is not legally entitled.

   (2)Subsection (1) applies regardless of when the overpayment was made.

   (3)The arrangements for repayment may be agreed between the head of service and the public servant.

   (4)If the head of service and the public servant cannot agree on an arrangement for repayment within, in the opinion of the head of service, a reasonable period, the head of service may determine reasonable arrangements for repayment having regard to—

   (a)the period in which the overpayment occurred; and

   (b)the circumstances of the overpayment; and

   (c)the gross and net amount of the overpayment; and

   (d)the public servant’s financial circumstances; and

   (e)any hardship the arrangement may cause to the public servant; and

   (f)any other relevant circumstance.

   (5)An arrangement for repayment under subsection (3) or (4) may provide for—

   (a)the deduction of amounts from the public servant’s salary; and

   (b)repayment by instalments.

Part 3Workplace Privacy Amendment Act 2016

1. Sections 5 and 7 to 16

   omit

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 15 February 2018.

2. Notification

   Notified under the Legislation Act on 27 March 2018.

3. Republications of amended laws

   For the latest republication of amended laws, see certify that the above is a true copy of the Workplace Legislation Amendment Bill 2018, which was passed by the Legislative Assembly on 20 March 2018.

   Clerk of the Legislative Assembly

   © Australian Capital Territory 2018