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
10. Sections 6, 7, 8 and 9 subject to other provisions
11. Legal effect

Division 2.2--Constitution of the service

12. ACT Public Service

Division 2.3--Administrative arrangements

13. Constitution of 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 3.3--Exercise of chief executive 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--Chief executives

27. Office of chief executive
28. Chief executives—engagement
28AA. Chief executives—contract variation
28A. Early termination of contract
28B. Effect of contracts on responsibilities of Ministers
28C. Application of merit principle to re-engagements
28D. Notice or payment if chief executive not re-engaged
29. Chief executives—responsibilities
30. Chief executives—temporary contracts
30A. Chief executives—variation of temporary contracts
31. Negotiation and execution of contracts
31A. Presentation of contracts and variations of contracts
32. Chief executive engagements not affected by defects etc
33. Employment to perform duties of multiple positions
33A. Chief executives—transfer or assignment
33B. Chief executive transfers or assignments under s 33A not affected by defects
34. Notification of chief executive's engagement etc
35. Remunerative employment outside the service

Division 3.5--Powers of delegation

36. Delegation by commissioner or chief executives
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. 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 offices other than offices of chief executives and executive offices

54B. Meaning of office in div 4.1A
55. Creation and abolition of offices
56. Classification of offices and officers
58. Reclassification of offices
59. Reclassification of offices in autonomous instrumentalities

Division 4.2--Part-time offices

59A. Meaning of office in 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
67. Employment in the service
68. Appointments generally
69. Classification of unattached officers
70. Appointments to be on probation
71. Appointments on probation—training offices and teaching offices

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. 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--Promotions and transfers of officers

82. Meaning of office in div 5.5
83. Transfers and promotions
84. Appeals
85. Determination of appeals
86. Promotion appeal rights of certain officers
87. Review of non-appellable promotion decisions by merit protection
88. Transfer or promotion on advice of joint selection committee
89. Transfer or promotion on advice of management-initiated joint selection
90. Procedure of joint selection committee
91. Taking effect etc of promotions and transfers
92. Death of officer before appeal determined
93. Cancellation of promotion or transfer
94. Transfer of officers by chief executive from one administrative unit to
95. Simultaneous transfers within an administrative unit
96. Transfers of officers and employees between administrative units
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

Division 5.6--Temporary performance of duties—offices other than offices of chief executive and executive offices

99. Definitions for div 5.6
100. Directions to act
101. Directions to act in certain offices for more than 3 months or until the occurrence of an
102. Appeals against directions
103. Lapsing of appeals
104. Determination of appeal
105. Procedure if appeal is successful

Division 5.7--Temporary employment

106. Power to engage employees
107. Overseas employment
108. Temporary employment—generally
109. Entry to the workforce programs
110. Casual employment
111. Employment of unsuccessful election candidates
112. Termination of employment
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

115. Officers of Australian Public Service to have certain rights of entry to ACT Public
115A. Mobility rights of certain employees of ACTEW Corporation Limited
116. Officers of Australian Public Service engaged to perform the duties of chief executive or
117. Reappointment of retired officers
118. Reappointment of unsuccessful election candidates
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

PART 6--RETIREMENT AND REDEPLOYMENT OF OFFICERS OTHER THAN CHIEF EXECUTIVES AND EXECUTIVES

139. Interpretation—pt 6
140. Power to reduce officer's classification
141. Retirement—minimum retiring age
143. Action by chief executive to reduce officer's classification or retire officer
144. Action by commissioner to reduce officer's classification
145. Limitation on retirement on ground of invalidity
146. Unattachment of officers
147. Appeals

PART 7--LONG SERVICE LEAVE

148. Interpretation for pt 7
149. Meaning of public authority—pt 7
150. Management standards in relation to previous employment with prescribed authorities
151. Meaning of salary
152. Certain payments not included in salary
153. People taken to be employed by the Territory
154. Period of employment
155. Continuity of employment
156. Status of periods of absence
157. Concurrent employment
158. Long service leave and payments instead of long service leave
159. Extended leave or pay instead of leave for officers not entitled to long service
160. Calculation of long service leave credit
161. Application of s 160
162. Rate of salary while absent on long service leave
163. Rate of salary in relation to pay instead of leave
164. Long service leave benefits not to be granted under other laws
165. Additional provisions relating to death of officer
166. Provisions relating to members of the teaching service

PART 8--MATERNITY LEAVE

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

PART 9--DISCIPLINE

Division 9.1--Preliminary

178. Interpretation for pt 9
179. Meaning of failure to fulfil duty as officer

Division 9.3--Officers

186. Disciplinary action
187. Inquiries into misconduct
188. Convictions by courts
189. Suspension
190. Removal and variation of suspension
191. Appeals
192. Nullification of conviction
193. Review of findings

Division 9.4--Officers employed otherwise than in the service

194. Interpretation for div 9.4
195. Misconduct committed before becoming detached officer
196. Misconduct while detached officer
197. Criminal offences
198. When directions for dismissal take effect
199. Appeals
200. Reasons to be given for making finding or giving direction etc

Division 9.5--Employees other than chief executives and executives

201. Definitions for div 9.5
202. Application of pt 9 to employees

Division 9.6--Disciplinary appeal committees

203. Definitions for div 9.6
204. How appeal is made to disciplinary appeal committee
205. Time for appealing to disciplinary appeal committee
206. Giving of documents to appellants and people requesting review
215. Recording of action taken
216. Amendment of official conduct record
217. Delegation

Division 9.7--Miscellaneous

218. Imprisonment
219. Application to unattached officers performing duty in an administrative
220. Deduction of pecuniary penalty from salary

PART 10--FORFEITURE OF OFFICE

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

PART 11--REVIEW OF CERTAIN DECISIONS AND INVESTIGATION OF GRIEVANCES

Division 11.1--Preliminary

223. Definitions for pt 11

Division 11.2--Review of certain decisions

224. Application of div 11.2
225. Review by internal appeal officer
226. Review by merit protection agency
227. Documents to be given by internal appeal officer
228. Review to be under Merit Protection Act, s 42 or s 43
229. Official directions to be carried out

Division 11.3--Investigation of grievances by merit protection agency

230. Application of div 11.3
231. Investigation by internal appeal officer
232. Investigation by merit protection agency
233. Documents to be given by internal appeal officer
234. Official directions to be carried out

Division 11.4--Merit protection

235. Application of Merit Protection Act

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 chief executives and executives
250. Attachment of salary of officers and employees
251. Management standards
SCHEDULE 1
SCHEDULE 2
DICTIONARY
ENDNOTES

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