Northern Territory Consolidated Acts

PUBLIC SECTOR EMPLOYMENT AND MANAGEMENT ACT

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   2A.     Objects of Act  
   3.      Interpretation  
   4.      Application  
   5.      Application of Criminal Code  

   PART 1A--GENERAL PRINCIPLES RELATING TO PUBLIC SECTOR

   5A.     Public sector principles  
   5B.     Administration management principle  
   5C.     Human resource management principle  
   5D.     Merit principle  
   5E.     Equality of employment opportunity principle  
   5F.     Performance and conduct principle  

   PART 2--ADMINISTRATION

   6.      Duties of Minister  
   7.      Establishment, change of name and abolition of Agencies  

   PART 3--COMMISSIONER FOR PUBLIC EMPLOYMENT

   8.      Appointment of Commissioner  
   9.      Termination of appointment  
   10.     Acting Commissioner  
   11.     Delegation by Commissioner  
   12.     Commissioner taken to be employer  
   13.     Functions of Commissioner  
   14.     Powers of Commissioner  
   15.     Commissioner's investigatory powers  
   15A.    Relationship with Public Interest Disclosure Act  
   16.     Employment instructions  
   17.     Employee records  
   18.     Reports by Commissioner  

   PART 4--CHIEF EXECUTIVE OFFICERS

   19.     Agency to have Chief Executive Officer  
   19A.    Appointment of Chief Executive Officers  
   20.     Termination of appointment  
   21.     Acting Chief Executive Officer  
   22.     Directions by appropriate minister  
   23.     Chief Executive Officer responsible to appropriate minister  
   24.     Functions of Chief Executive Officers  
   25.     Powers of Chief Executive Officers  
   26.     Chief Executive Officer may employ number of employees necessary  
   27.     Delegation by Chief Executive Officers  
   28.     Reports by Chief Executive Officers  

   PART 5--EMPLOYMENT, PROMOTION, TRANSFER AND RESIGNATION

   29.     Chief Executive Officers to employ, promote and transfer  
   30.     Procedure for filling vacancies  
   31.     Conditions for employment etc.  
   32.     Probation for ongoing employees  
   33.     Termination of fixed period or casual employment  
   34.     Fixed period employment  
   34A.    Casual employment  
   35.     Transfers  
   36.     Transfer and change to duties generally  
   37.     Resignation  
   38.     Re-employment of persons resigning to become candidates at elections  
   38A.    Multiple employment arrangements  
   38B.    Special measures to address inequality of opportunity  

   PART 6--SECONDMENT AND REDEPLOYMENT

           Division 1--Secondment

   39.     Chief Executive Officers may make secondment arrangements  

           Division 2--Redeployment and redundancy

   41.     Declaration of ongoing employee to be potentially surplus to requirements  
   42.     Transfer of surplus employees  
   43.     Redeployment and redundancy  
   44.     Inability or unsatisfactory performance  
   45.     Medical examination and report  
   46.     Remedial action  
   47.     Employee may be suspended pending decision  
   48.     Retirement on the grounds of invalidity  

   PART 8--DISCIPLINE

   49.     Breaches of discipline  
   49A.    Chief Executive Officer may take disciplinary action  
   49B.    Medical examination and report  
   49C.    Disciplinary action  
   49D.    Taking of disciplinary action if employee changes Agency  
   49E.    Employee may be suspended pending decision  
   50.     Summary dismissal  
   53.     Payment of fines  
   54.     Abandonment of employment  

   PART 9--REVIEW OF GRIEVANCES AND APPEALS

           Division 1--Grievances

   59.     Review of grievances  

           Division 2--Appeals

   59A.    Appeals about inability, performance and disciplinary decisions  
   59B.    Appeals about promotions  
   59C.    Commissioner to convene appeal board  
   59D.    Appeal board may decline to deal with certain appeals  
   59E.    Determination of appeal  
   59F.    Conduct of appeal  
   59G.    Protection from liability  

   PART 10--MISCELLANEOUS

   60.     By-laws  
   61.     Work outside employment  
   62.     Work on public holidays  
   63.     Performance of duties of statutory office holder in absence  
   64.     Public Sector Consultative Council  
   64A.    Protection from liability – employee reports  
   65.     Regulations  
   66.      Repeal  

   PART 11--TRANSITIONAL MATTERS FOR PUBLIC SECTOR EMPLOYMENT AND MANAGEMENT AMENDMENT ACT 2011

   67.     Definitions  
   68.     Commissioner's investigatory powers  
   69.     Chief Executive Officers  
   70.     Acting Chief Executive Officers  
   71.     Delegations  
   72.     Categorisation of employment  
   73.     Determinations under old section 34  
   74.     Secondment  
   75.     Inability or performance matters  
   76.     Retirement on the grounds of invalidity  
   77.     Discipline  
   78.     Appeals  
   79.     By-laws  
   80.     Regulations  
           SCHEDULE 1
           SCHEDULE 2
           ENDNOTES