Commonwealth Numbered Acts

PUBLIC SERVICE REFORM ACT 1984 No. 63, 1984 - SECT 28

28. After section 43 of the Principal Act the following sections are inserted:
Fixed-term appointments to Senior Executive Service

''44. (1) Where a person is appointed under section 42 as a Senior Executive
Service officer, the Board may determine, in writing, that the person is
appointed to the Service to hold office as a Senior Executive Service officer
for such period (not exceeding 5 years and not extending beyond the date on
which the person will attain the age of 65 years) as is specified in the
determination and, where such a determination is made in relation to an
appointment, the appointment is a fixed-term appointment for the purpose of
this section.

''(2) The Board may, at the time when a person is given a fixed-term
appointment as a Senior Executive Service officer, determine, in writing,
that, subject to the conditions (if any) specified in the determination, if
the person is retired from the Service under sub-section (3) before the
expiration of the period for which the appointment is made, the person shall
be entitled to such compensation as is specified in, or ascertained in
accordance with, the determination.

''(3) Where a person is a Senior Executive Service officer by virtue of a
fixed-term appointment, the appointment of the person to the Service
terminates and the person is deemed to be retired from the Service if-

   (a)  the period for which the appointment was made expires; or

   (b)  the Board, before the expiration of the period for which the
        appointment was made, directs, in writing, that the appointment of the
        person to the Service is terminated on a day specified in the
        instrument of direction, being a day not earlier than the day on which
        the direction is given.

''(4) The Board shall not direct under sub-section (3) that the appointment of
a person to the Service be terminated by reason only of the fact that the
person has done, or omitted to do, an act or thing in respect of which a
charge could be laid against the person under Division 6, or on the ground
that a court has convicted the person of a criminal offence within the meaning
of that Division or found, without recording a conviction, that the person has
committed such an offence.

''(5) A person who is retired from the Service under sub-section (3) is
eligible for re-appointment to the Service (whether by way of fixed-term
appointment or otherwise).

''(6) Division 8B does not apply to or in relation to a person who is a Senior
Executive Service officer by virtue of a fixed-term appointment.
Superannuation benefits for fixed-term Senior Executive Service officers

''45. (1) In this section-

'pensioner' means-

   (a)  a person to whom an invalidity pension within the meaning of the
        Superannuation Act 1976 is payable; or

   (b)  a person to whom a pension under the Superannuation Act 1922 is
        payable, being a person who was retired on the ground of invalidity or
        of physical or mental incapacity to perform the person's duties;

'relevant person' means a person other than-

   (a)  an eligible employee within the meaning of the Superannuation Act
        1976; or

   (b)  a pensioner.

''(2) For the purposes of the Superannuation Act 1976, a person who is a
Senior Executive Service officer by virtue of a fixed-term appointment, within
the meaning of section 44, and was a relevant person immediately before being
given the appointment is not, by reason only of his holding that appointment,
an eligible employee within the meaning of that Act.

''(3) The Board may, at the time when a relevant person is given a fixed-term
appointment, within the meaning of section 44, as a Senior Executive Service
officer, make a determination in writing in relation to the provision to the
person of superannuation benefits or benefits in the nature of superannuation
benefits.

''(4) Without limiting the generality of sub-section (3), a determination
under that sub-section in relation to a relevant person may provide that the
Superannuation Act 1976 applies in relation to the person as if the person
were a temporary employee, within the meaning of that Act, employed under a
contract for a term of not less than 1 year and, where a determination so
provides, the Superannuation Act 1976 applies in relation to the person in
accordance with the determination.

''(5) Notwithstanding anything in the Superannuation Act 1976 or any other
Act, the Superannuation Act 1976-

   (a)  does not apply in relation to a person who is a Senior Executive
        Service officer by virtue of a fixed-term appointment, within the
        meaning of section 44, and was a relevant person immediately before
        being given the appointment unless the application of that Act is
        expressly provided for, in accordance with sub-section (4), in a
        determination under sub-section (3) in relation to the person; and

   (b)  does not apply in relation to the person except as provided by
        sub-section (4).

''(6) The Board is not empowered to make a determination for the purposes of
sub-section (3) except in accordance with arrangements approved by the
Minister for Finance.''.