Australian Capital Territory Numbered Acts

PUBLIC SECTOR MANAGEMENT ACT 1994 (NO 37 OF 1994)

TABLE OF PROVISIONS

           Long Title

   1.      PART I—PRELIMINARY Short title  
   2.      Commencement  
   3.      Interpretation  
   4.      Operation of Act  
   5.      Application  
   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  
   12.     ACT Government Service  
   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  
   17.     Division 1—Preliminary Interpretation  
   18.     Appointment of Commissioner for Public Administration  
   19.     Acting appointment  
   20.     General functions  
   21.     Review of government agencies or functions  
   22.     Investigative powers  
   23.     Records of members  
   24.     Powers of chief executive officers of certain Territory instrumentalities  
   25.     Powers of certain statutory office holders  
   26.     Powers relating to certain staff providing services for Calvary Hospital  
   27.     Division 4—Chief Executives Office of Chief Executive  
   28.     Appointment  
   29.     Responsibilities  
   30.     Transfer  
   31.     Effects of defects or irregularities  
   32.     Acting appointment  
   33.     Part-time offices  
   34.     Dual appointment of Chief Executives  
   35.     Remunerative employment outside the Service  
   36.     Delegation by Commissioner or Chief Executives  
   37.     Delegation by autonomous instrumentality  
   38.     The Senior Executive Service  
   39.     Interpretation  
   40.     Equal employment opportunity programs  
   41.     Access and equity programs  
   42.     Industrial democracy programs  
   43.     Application of subsections 40 (1), 41 (1) and 42 (1) to autonomous instrumentalities  
   44.     Joint Council  
   45.     Interpretation  
   46.     Office  
   47.     Leave of absence  
   48.     Disclosure of interests  
   49.     Resignation  
   50.     Suspension and removal from office  
   51.     Retirement  
   52.     Terms and conditions generally  
   53.     Acting appointment  
   54.     Staff  
   55.     Creation and abolition of offices  
   56.     Classification of offices and officers  
   57.     Senior Executive Service classifications  
   58.     Re-classification of offices  
   59.     Application of subsection 58 (2) to ACT Electricity and Water Authority and Office of the Director of Public Prosecutions  
   60.     Division 2—Part-time offices Part-time offices  
   61.     Hours of attendance of part-time officers  
   62.     Hours of attendance of certain unattached officers  
   63.     Division 1—Preliminary Interpretation  
   64.     Application  
   65.     Application of merit principle  
   66.     Notification of certain matters related to appointment, transfer or promotion  
   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  
   72.     Notification of vacancies in Senior Executive Service offices  
   73.     Chief Executive to consider recommendation  
   74.     Executive Staffing Committee  
   75.     Appointment or promotion of SES officers in ACT Electricity and Water Authority and Office of Director of Public Prosecutions  
   76.     Transfer of Senior Executive Service officers  
   77.     Duties to be performed by Senior Executive Service officers  
   78.     Cancellation  
   79.     No appeals  
   80.     Fixed-term appointments  
   81.     Superannuation arrangements  
   82.     Temporary performance of duties  
   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 Agency  
   88.     Transfer or promotion on advice of Joint Selection Committee  
   89.     Transfer or promotion on advice of management-initiated Joint Selection Committee  
   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 another  
   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 passing examinations  
   98.     Promotion of officers who complete courses of training for special positions  
   99.     Interpretation  
   100.    Directions to act  
   101.    Directions to act in certain offices for more than 3 months or until the occurrence of an event  
   102.    Appeals against directions  
   103.    Lapsing of appeals  
   104.    Determination of appeal  
   105.    Procedure where appeal is successful  
   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 officers, prohibited  
   115.    Division 8—Miscellaneous Officers of Australian Public Service to have certain rights of entry to ACT Public Service  
   116.    Officers of the Australian Public Service appointed to Chief Executive or Senior Executive Service offices  
   117.    Reappointment of retired officers  
   118.    Reappointment of unsuccessful election candidates  
   119.    Unattached officers  
   120.    Arrangements with other governments and bodies for the provision of services by employees to the Territory  
   121.    Arrangements with other governments for the provision of services by officers and employees of the Service  
   122.    Interpretation  
   123.    Retirement—minimum retiring age  
   124.    Retirement—maximum retiring age  
   125.    Retirement of Chief Executives on the ground of incapacity  
   126.    Termination of appointment  
   127.    Redeployment of unattached Chief Executives  
   128.    Special benefits available to retiring unattached Chief Executives  
   129.    Interpretation  
   130.    Retirement—minimum retiring age  
   131.    Retirement—maximum retiring age  
   132.    Preliminary steps in relation to officers whose services cannot reasonably be used in an SES office at the same or equal classification  
   133.    Officers whose services cannot reasonably be used in an SES office at the same or equal classification  
   134.    Appeal to Appeal Committee  
   135.    Retirement with consent of officer on grounds of incapacity  
   136.    Unattachment of Senior Executive Service officers  
   137.    Special benefits available to retiring officers  
   138.    Limitation on retirement on ground of invalidity  
   139.    Interpretation  
   140.    Power to reduce officer's classification  
   141.    Retirement—minimum retiring age  
   142.    Retirement—maximum retiring age  
   143.    Action by Chief Executive to reduce an officer's classification or retire an officer from the Service  
   144.    Action by Commissioner to reduce an officer's classification  
   145.    Limitation on retirement on ground of invalidity  
   146.    Unattachment of officers  
   147.    Appeals  
   148.    PART VII—LONG SERVICE LEAVE Interpretation  
   149.    Meaning of public authority  
   150.    Management standards with respect to previous employment with prescribed authorities etc.  
   151.    Meaning of salary  
   152.    Certain payments not included in salary  
   153.    Persons 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 in lieu of long service leave  
   159.    Extended leave or pay in lieu of leave for officers not entitled to long service leave  
   160.    Calculation of long service leave credit  
   161.    Application of section 160  
   162.    Rate of salary while absent on long service leave  
   163.    Rate of salary in relation to pay in lieu of leave  
   164.    Long service leave benefits not to be granted under other laws  
   165.    Additional provisions relating to death of an officer  
   166.    Provisions relating to members of the Australian Capital Territory Teaching Service  
   167.    PART VIII—MATERNITY LEAVE Interpretation  
   168.    Persons in relation to whom this Part 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 circumstances  
   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  
   178.    Division 1—Preliminary Interpretation  
   179.    Meaning of failure to fulfil duty as officer  
   180.    Interpretation  
   181.    Disciplinary action in respect of Chief Executives  
   182.    Conviction by courts of Chief Executives  
   183.    Suspension of Chief Executives  
   184.    Removal and variation of suspension relating to Chief Executives  
   185.    Interpretation  
   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  
   194.    Interpretation  
   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.  
   201.    Division 5—Employees Interpretation  
   202.    Application of Part to employees  
   203.    Interpretation  
   204.    Manner of appeal to Disciplinary Appeal Committee  
   205.    Time for appealing to Disciplinary Appeal Committee  
   206.    Furnishing of documents to appellants and persons requesting a review  
   207.    Hearing to be in public except in special circumstances  
   208.    Witnesses  
   209.    Witnesses expenses  
   210.    Representation of parties  
   211.    Protection of members of Boards of Inquiry, witnesses etc.  
   212.    Notification of findings of Board of Inquiry  
   213.    Payment of costs  
   214.    Costs of lapsed inquiry  
   215.    Recording of action taken  
   216.    Amendment of official conduct record  
   217.    Delegation  
   218.    Division 7—Miscellaneous Imprisonment  
   219.    Application to unattached officers performing duty in administrative unit  
   220.    Deduction of pecuniary penalty from salary  
   221.    PART X—FORFEITURE OF OFFICE Forfeiture of office  
   222.    Reappointment of officers taken to have retired under section 221  
   223.    Division 1—Preliminary Interpretation  
   224.    Application  
   225.    Review by the internal appeal officer  
   226.    Review by the Merit Protection Agency  
   227.    Documents to be furnished by the internal appeal officer  
   228.    Review to be under section 42 or 43 of the Merit Protection Act  
   229.    Official directions to be carried out  
   230.    Application  
   231.    Investigation by the internal appeal officer  
   232.    Investigation by the Merit Protection Agency  
   233.    Documents to be furnished by the internal appeal officer  
   234.    Official directions to be carried out  
   235.    Division 4—Merit protection Application of provisions of Merit Protection Act  
   236.    PART XII—WHISTLE BLOWING Interpretation  
   237.    Disclosure of information to Auditor-General or Ombudsman  
   238.    Disclosure of information to authorised official  
   239.    Disclosure of information in certain circumstances  
   241.    PART XIII—MISCELLANEOUS Returns and information generally  
   242.    Improper influence  
   243.    Protection of persons in respect of work reports on officers or employees  
   244.    Second jobs  
   245.    Remuneration additional to salary  
   246.    Payments to officers  
   247.    Personation etc. at examinations  
   248.    Contracts  
   249.    Occupational health and safety  
   250.    Attachment of salary of officers and employees  
   251.    Management standards  
   252.    Numbering and citation of standards  
   253.    Notification and publication of standards