PUBLIC SECTOR MANAGEMENT ACT 1994

Australian Capital Territory Consolidated Acts

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PUBLIC SECTOR MANAGEMENT ACT 1994

TABLE OF PROVISIONS

Long Title

PART 1--PRELIMINARY

1. Name of Act
2. Dictionary
2A. Notes
3A. Declaration of territory instrumentalities
4. Operation of Act
5. Application

PART 2--ADMINISTRATION OF THE PUBLIC SECTOR

Division 2.1--Values and general principles

6. Values and principles
7. General principles of public administration
8. General principles of management in employment matters
9. General obligations of public employees
9A. Misconduct
10. Sections 6, 7, 8 and 9 subject to other provisions
11. Legal effect

Division 2.2--ACT Public Service

12. ACT Public Service

Division 2.3--Administrative arrangements

13. Administrative units
14. Ministerial responsibility and functions of administrative units
15. Machinery of government changes—officers
16. Machinery of government changes—employees

PART 3--MANAGEMENT OF THE SERVICE

Division 3.1--Preliminary

17. Meaning of officer in pt 3

Division 3.2--Role of commissioner

18. Appointment of commissioner
20. General functions
21. Review of government agencies or functions
22. Investigative powers of commissioner
22A. Witness expenses
23. Records of members

Division 3.2A--Head of service

23A. Office of head of service
23B. Head of service—functions
23C. Head of service—engagement
23D. Head of service may also be engaged as director-general of Chief Minister's
23E. Head of service—contract variation
23F. Head of service—early termination of contract
23G. Head of service—effect of contract on responsibilities of
23H. Head of service—application of merit principle to
23I. Head of service—notice or payment if not re-engaged
23J. Head of service—temporary contract
23K. Head of service—termination of temporary contract
23L. Head of service—variation of temporary contract
23M. Head of service—presentation of contract and contract variations
23N. Head of service—transfer or assignment
23O. Head of service—notification of head of service's engagement
23P. Head of service—paid employment outside the service
23Q. Head of service—engagement or transfer not affected by defect

Division 3.3--Exercise of head of service powers in relation to certain public employees

24. Powers of chief executive officers of certain territory
25. Powers of certain statutory office-holders
26. Powers relating to certain Calvary Health Care staff

Division 3.4--Directors-general

27. Office of director-general
28. Directors-general—engagement
28AA. Directors-general—functions
28AB. Directors-general—contract variation
28A. Directors-general—early termination of contract
28B. Directors-general—effect of contracts on responsibilities of Ministers
28C. Directors-general—application of merit principle to re-engagements
28D. Directors-general—notice or payment if not re-engaged
30. Directors-general—temporary contracts
30A. Directors-general—variation of temporary contracts
31. Head of service must consult with Ministers about engagements
31A. Directors-general—presentation of contracts and variations of contracts
32. Directors-general—engagements not affected by defects etc
33. Directors-general—employment to perform duties of multiple positions
33A. Directors-general—transfer or assignment
33B. Directors-general—transfers or assignments under s 33A not affected by defects etc
34. Directors-general—notification of engagement etc
35. Directors-general—paid employment outside the service

Division 3.5--Powers of delegation

36. Meaning of public sector officer—div 3.5
36A. Delegation by head of service
36B. Delegation by commissioner
36C. Delegation by directors-general
36D. Delegations by head of service, commissioner and
37. Delegations in autonomous instrumentalities

Division 3.7--Whole-of-government management responsibilities

39. Definitions for div 3.7
40. Equal employment opportunity programs
41. Access and equity programs
42. Industrial democracy programs
43. Development of programs in autonomous instrumentalities
44. Joint council

Division 3.8--Legislative Assembly—clerk and secretariat

45. Definitions for div 3.8
46. Clerk of Legislative Assembly
47. Leave of absence
48. Disclosure of interests by clerk
49. Resignation
50. Suspension and ending of appointment of clerk
51. Retirement
52. Terms and conditions generally
53. Acting appointment as clerk
53A. Legislative Assembly secretariat
54. Legislative Assembly—staff

PART 4--CREATION, CLASSIFICATION AND ABOLITION OF OFFICES IN THE SERVICE

Division 4.1--Creation and abolition of executive offices

54A. Creation and abolition of offices

Division 4.1A--Creation and abolition of non-executive offices

54B. Meaning of office—div 4.1A
55. Creation and abolition of offices
56. Classification of offices and officers
58. Reclassification of offices

Division 4.2--Part-time offices

59A. Meaning of office—div 4.2
60. Part-time offices
61. Hours of attendance of part-time officers
62. Hours of attendance of certain unattached officers

PART 5--EMPLOYMENT IN THE SERVICE

Division 5.1--Preliminary

63. Interpretation for pt 5
64. Application to autonomous instrumentalities

Division 5.2--Personnel management

65. Application of merit principle
65A. Exception for returning officers
66. Notification of certain matters related to appointment, transfer or

Division 5.3--Appointment of officers

66A. Application—div 5.3
67. Employment in the service
68. U Appointments generally [See Endnotes]
69. Classification of unattached officers
70. Appointment on probation
71. Appointment on probation—prescribed training office
71A. Appointment on probation—teachers
71B. Extension of period of probation
71C. Appointment without probation

Division 5.4--Engagement of executives

72. Executives—engagement
72A. Executives—contract variation
73. Early termination of contract
74. Effect of contracts on responsibilities of Ministers
75. Application of merit principle to re-engagements
75A. Notice or payment if executive not re-engaged
76. Executives—temporary contracts
76A. Executives—variation of temporary contracts
77. Chief executive officer, Calvary
78. Executives—negotiation and execution of contracts
79. Tabling of contracts and variations of contracts
80. Executive engagements not affected by defects etc
80A. Executives—transfer or assignment
80B. Executive transfers or assignments under s 80A not affected by defects
81. Notification of executive's engagement etc

Division 5.5--Promotion of officers

82. Definitions—div 5.5
83. Promotion to vacant office
84. Promotion appeal
85. Promotion appeal by excess officer
86. Review of certain promotion decisions
87. Promotion on advice of joint selection committee
88. How promotions take effect
89. Death of officer before appeal decided
90. Cancellation of promotion

Division 5.6--Transfer of officers

91. Definitions—div 5.6
92. Transfer to vacant office
93. Simultaneous transfer within administrative unit
94. Transfer between administrative units
95. Management initiated transfer—within administrative unit
96. Management initiated transfer—between administrative units
96A. Management initiated transfer—additional consultation if transfer of 2 or more
96B. Transfer on advice of joint selection committee
96C. How transfer takes effect
96D. Cancellation of transfer
97. Transfers and promotions to specified offices may be made in accordance with order of
98. Promotion of officers who complete courses of training for special
100. Temporary transfer
101. Notification of certain temporary transfers to higher office
102. Appeal against temporary transfer to higher office
103. Lapsing or discontinuing of appeal
104. Temporary transfer if appeal successful

Division 5.7--Temporary employment

105. Meaning of office—div 5.7
106. Power to engage temporary employee
107. Temporary employment—fixed term less than 12 months
108. Temporary employment—fixed term not more than 5 years
109. Entry to the workforce programs
110. Casual employment
111. Employment of unsuccessful election candidates
112. Termination of temporary employment
112A. Temporary employee on maternity leave
113. Work performed after termination of temporary employment
114. Engagement of certain former officers as employees, and contracts with certain former

Division 5.8--Miscellaneous

117. Reappointment of retired officers
118. Reappointment of unsuccessful election candidates
118A. Quashing etc of conviction
119. Unattached officers
120. Arrangements with other governments and bodies for provision of services by employees to the
121. Arrangements with other governments for provision of services by officers and employees of
122. Termination of employment

PART 6--RETIREMENT AND REDEPLOYMENT OF OFFICERS

139. Definitions—pt 6
140. Power to reduce officer's classification
141. Retirement—minimum retiring age
143. Redeploy or retire officer from service
144. Date of effect of redeployment or retirement
145. Limitation on retirement on ground of invalidity
146. Unattachment of officers
147. Underperformance

PART 8--MATERNITY LEAVE

167. U Definitions—pt 8 [See Endnotes]
168. U People in relation to whom pt 8 applies [See Endnotes]
169. U Absence on maternity leave [See Endnotes]
170. U Entitlement to paid maternity leave [See Endnotes]
171. U Unauthorised absences [See Endnotes]
172. U Absence on leave without pay [See Endnotes]
173. U Officers may continue to perform, or resume, duty in certain [See Endnotes]
174. U Other applications to resume duty [See Endnotes]
175. U Grant of maternity leave not to affect continuity of service [See Endnotes]
176. U Officers on maternity leave [See Endnotes]
177. U Temporary employees on maternity leave [See Endnotes]

PART 10--FORFEITURE OF OFFICE

221. Forfeiture of office
222. Reappointment of officers taken to have retired under s 221

PART 11--REVIEW AND APPEAL

223. Definitions—pt 11
224. Reviewable decision—notice and review
225. Appellable decision—notice and appeal

PART 13--MISCELLANEOUS

241. Returns and information—generally
242. Improper influence
243. Protection of people in relation to work reports on officers or
244. Second jobs
245. Remuneration additional to salary
246. Payments to officers
247. Personation etc at examinations
248. Contracts
248A. Engagement of certain former officers and employees prohibited
248B. Engagement of certain former directors-general and executives
248C. Engagement of certain former heads of service prohibited
249. Imprisonment
250. Attachment of salary of officers and employees
250A. Deduction of monetary penalty
251. Management standards

PART 17--TRANSITIONAL--ADMINISTRATIVE (ONE ACT PUBLIC SERVICE MISCELLANEOUS AMENDMENTS) ACT 2011

276. Meaning of commencement day—pt 17
277. Change of name—identity not affected
278. Engagement of certain former officers etc prohibited
279. Employment powers
280. Head of service
281. Transitional regulations
282. Expiry—pt 17
SCHEDULE 1
SCHEDULE 2
DICTIONARY
ENDNOTES

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