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PUBLIC SECTOR ACT 2022 - As at 1 February 2024 - Act 34 of 2022

- As at 1 February 2024 - Act 34 of 2022

Table of Provisions

CHAPTER 1 - PRELIMINARY

PART 1 - INTRODUCTION

  • 1 Short title
  • 2 Commencement
  • 3 Main purpose of Act
  • 4 How main purpose is primarily achieved
  • 5 Application of provisions of this Act by another Act

PART 2 - INTERPRETATION

Division 1 - Dictionary

Division 2 - Key terms

Subdivision 1 - Entities
  • 7 What is the public sector
  • 8 What is a public sector entity
  • 9 What is a public service entity
  • 10 What is a department
  • 11 What is the public service
    • Subdivision 2 - Employees
  • 12 Who is a public sector employee
  • 13 Who is a public service employee
  • 14 Who is a public service officer
  • 15 Conditions of employment of public sector employee
    • Subdivision 3 - Chief executives
  • 16 Who is a chief executive
  • 17 Who is a public sector employee’s chief executive
  • 18 Relationship between chief executives and their employees

PART 3 - REFRAMING OF STATE’S RELATIONSHIP WITH ABORIGINAL PEOPLES AND TORRES STRAIT ISLANDER PEOPLES

Division 1 - Preliminary

Division 2 - Responsibilities

  • 21 Responsibilities for supporting a reframed relationship with Aboriginal peoples and Torres Strait Islander peoples

Division 3 - Plan and audit

  • 22 Definition for division
  • 23 Reframing the relationship plan and audit

CHAPTER 2 - EQUITY, DIVERSITY, RESPECT AND INCLUSION

PART 1 - PRELIMINARY

PART 2 - EQUITY AND DIVERSITY IN EMPLOYMENT

  • 27 Duty to promote equity and diversity
  • 28 Equity and diversity plan
  • 29 Equity and diversity audit and report
  • 30 Request for information
  • 31 Recommendation to take particular action

PART 3 - CULTURE OF RESPECT AND INCLUSION IN THE PUBLIC SECTOR

  • 32 What is a culture of respect and inclusion
  • 33 Duty to promote and support culture of respect and inclusion
  • 34 Request for information
  • 35 Recommendation to take particular action

PART 4 - MISCELLANEOUS

  • 36 Annual report
  • 37 Exemption from particular requirements and obligations

CHAPTER 3 - PUBLIC SECTOR ARRANGEMENTS

PART 1 - PRELIMINARY

  • 38 Application of chapter

PART 2 - PRINCIPLES

  • 39 Public sector principles
  • 40 Work performance and personal conduct principles
  • 41 How chief executive must perform functions and discharge responsibilities

PART 3 - RECRUITMENT AND SELECTION

  • 42 Definition for part
  • 43 Application of part
  • 44 Principles underpinning recruitment and selection
  • 45 Employment on merit and for equity and diversity
  • 46 Directive about recruitment and selection

PART 4 - ELIGIBILITY FOR EMPLOYMENT

  • 47 Requirement for citizenship or residency

PART 5 - SUITABILITY FOR EMPLOYMENT

Division 1 - Preliminary

Division 2 - Criminal history

  • 49 Definition for division
  • 50 Meaning of relevant duty
  • 51 Relationship with other laws
  • 52 Chief executive may decide to obtain criminal history
  • 53 Failure to consent to obtaining criminal history
  • 54 Obtaining criminal history with consent
  • 55 Assessment of suitability using criminal history

Division 3 - Child-related duties

  • 56 Definitions for division
  • 57 Meaning of child-related duty
  • 58 Chief executive must ensure person holds working with children authority
  • 59 Chief executive must ensure police officer or registered teacher who is also a public sector employee holds exemption
  • 60 Chief executive must ensure police officer or registered teacher who is not public sector employee holds exemption
  • 61 Effect of suspension of working with children authority
  • 62 Effect of cancellation of working with children authority

Division 4 - Further assessment of persons issued with working with children authority

  • 63 Definition for division
  • 64 Application of division
  • 65 Relationship with other laws
  • 66 Chief executive may decide to obtain criminal history
  • 67 Failure to consent to obtaining criminal history
  • 68 Obtaining criminal history with consent
  • 69 Assessment of suitability using criminal history

Division 5 - Serious disciplinary action

  • 70 Definition for division
  • 71 Chief executive may require person to disclose serious disciplinary action
  • 72 Assessment of suitability using notice of serious disciplinary action

Division 6 - Change in criminal history

  • 73 Public sector employee must disclose to chief executive charge or conviction for indictable offence
  • 74 Prosecuting authority must disclose to chief executive committals, convictions and other information

Division 7 - Offences

  • 75 Failure to give required notice
  • 76 Giving chief executive false or misleading information in notice
  • 77 False or misleading statements in written consent or other document

Division 8 - Miscellaneous

  • 78 Evidence of identity
  • 79 Destruction of reports and notices
  • 80 Commissioner must make directive for this part

PART 6 - NATURE OF EMPLOYMENT

Division 1 - Security of employment

  • 81 Basis of employment—generally on permanent basis

Division 2 - Mobility of employment

  • 82 Mobility arrangement

PART 7 - NOTIFICATION OF EMPLOYMENT

  • 83 Notification of proposed employment or secondment
  • 84 Notification of employment or secondment

PART 8 - WORK PERFORMANCE AND CONDUCT

Division 1 - Positive performance management

  • 85 Positive performance management principles
  • 86 Requirement to apply positive performance management principles before taking disciplinary action

Division 2 - Conflicts of interest

  • 87 Meaning of interest
  • 88 Declaration of interests—public sector employee
  • 89 Conflicts of interest—public sector employee

Division 3 - Disciplinary action

Subdivision 1 - Preliminary
  • 90 Definitions for division
  • 91 Grounds for discipline
  • 92 Meaning of disciplinary action
    • Subdivision 2 - Disciplinary action against public sector employee Note—
  • 93 Disciplinary action against public sector employee
  • 94 Disciplinary action if public sector employee changes employment to another public sector entity
    • Subdivision 3 - Disciplinary action against former public sector employee
  • 95 Disciplinary declaration if employment as public sector employee ends
    • Subdivision 4 - Disciplinary action against CCC employee who becomes public sector employee
  • 96 Disciplinary action if CCC employee becomes public sector employee
    • Subdivision 5 - Procedure
  • 97 Chief executive may ask another chief executive for disciplinary information
  • 98 Procedure for disciplinary action
  • 99 Notice of termination
  • 100 Directive about disciplinary action

Division 4 - Suspension

  • 101 Suspension
  • 102 Directive about suspension

Division 5 - Mental or physical incapacity

  • 103 Application of division
  • 104 Chief executive may require medical examination
  • 105 Employee not to be given sick leave if requirement not complied with
  • 106 Medical examination report
  • 107 Action following report
  • 108 Record of requirement and report
  • 109 Directive about mental or physical incapacity

Division 6 - Employee grievances

  • 110 Directive about employee grievances

PART 9 - REVIEWS

Division 1 - Review of non-permanent employment

  • 111 Definition for division
  • 112 Application of division
  • 113 Employee may request review of status after 1 year of continuous employment
  • 114 Chief executive must make decision on employee’s request
  • 115 Chief executive must review status after 2 years of continuous employment
  • 116 Employee’s right to make additional request for review
  • 117 Chief executive’s discretion to conduct additional review

Division 2 - Review of acting or secondment at higher classification level

  • 118 Definition for division
  • 119 Application of division
  • 120 Employee may request employment at higher classification level after 1 year of continuous acting or secondment
  • 121 Employee’s right to make additional request for review

Division 3 - Review of work performance matters

  • 122 Definitions for division
  • 123 Commission may conduct review of public sector entity’s handling of work performance matters
  • 124 Commission may conduct review of procedural aspect of public sector entity’s handling of current work performance matters
  • 125 Chief executive of public sector entity must provide help for review
  • 126 Exchange of information with external agency
  • 127 Protection from liability for giving information
  • 128 Publication of information about work performance matters

PART 10 - APPEALS

Division 1 - Preliminary

Division 2 - Right of appeal

  • 130 Appeals
  • 131 Decisions against which appeals may be made
  • 132 Decisions against which appeals can not be made
  • 133 Who may appeal

Division 3 - Hearing of appeal

  • 134 Appeal to IRC
  • 135 Attendance at appeal part of employee’s duties
  • 136 Employee’s entitlements for attending appeal
  • 137 Expenses of persons other than public sector employees
  • 138 Public sector entity must pay costs of appeal and expenses

Division 4 - Exclusion of particular matters from other Acts

  • 139 Definition for division
  • 140 Application of division
  • 141 Excluded matters not industrial matters
  • 142 Decisions about excluded matters final

Division 5 - Miscellaneous

  • 143 Directive about appeals

PART 11 - ENDING OF EMPLOYMENT

  • 144 Purpose of part
  • 145 Summary dismissal and ending of employment

PART 12 - SURPLUS

CHAPTER 4 - PUBLIC SERVICE EMPLOYMENT FRAMEWORK

PART 1 - PRELIMINARY

  • 148 Application of chapter

PART 2 - EMPLOYMENT OF GENERAL EMPLOYEES, FIXED TERM TEMPORARY EMPLOYEES AND CASUAL EMPLOYEES

  • 149 General employees
  • 150 Fixed term temporary employees
  • 151 Casual employees

PART 3 - EMPLOYMENT OF PUBLIC SERVICE OFFICERS

  • 152 Public service officers
  • 153 Purposes of senior officer positions
  • 154 Role of commissioner in relation to senior officer positions
  • 155 Employment of public service officers on contract for fixed term
  • 156 Reinstatement of employment on permanent basis if contract ends
  • 157 Termination of contract if person accepts employment on a permanent basis

PART 4 - OTHER EMPLOYMENT ARRANGEMENTS

Division 1 - Preliminary

  • 158 Application of part
  • 159 Application of division 2 or 3 by regulation

Division 2 - Secondment

  • 160 Chief executive’s power to second

Division 3 - Transfer or redeployment

  • 161 Chief executive’s power to transfer or redeploy
  • 162 Consequence if public service officer refuses transfer

Division 4 - Resignation or retirement

  • 163 Resignation
  • 164 Voluntary retirement

CHAPTER 5 - PUBLIC SERVICE CHIEF EXECUTIVES AND SENIOR EXECUTIVES

PART 1 - PRELIMINARY

  • 165 Application of chapter

PART 2 - CHIEF EXECUTIVES

Division 1 - Chief executive service

  • 166 Service continued
  • 167 Purpose of service and achievement
  • 168 Role of commissioner
  • 169 Chief executive service standards

Division 2 - Appointments

  • 170 Appointment by Governor in Council
  • 171 Appointment to particular departments
  • 172 Acting chief executive
  • 173 Statutory officer as chief executive
  • 174 Contractual basis of employment for chief executives
  • 175 Term of appointment

Division 3 - Functions

  • 176 Definition for division
  • 177 Functions and responsibilities of chief executive
  • 178 Extent of chief executive’s autonomy
  • 179 References in Act to chief executive of a chief executive are to Minister

Division 4 - Conflicts of interest

  • 180 Definition for division
  • 181 Meaning of interest
  • 182 Declaration of interests—chief executive of department
  • 183 Conflicts of interest—chief executive of department

PART 3 - SENIOR EXECUTIVES

Division 1 - Senior executive service

  • 184 Senior executive service continued
  • 185 Purpose of service and achievement
  • 186 Role of commissioner
  • 187 Composition

Division 2 - Employment

  • 188 Employment
  • 189 Acting senior executive
  • 190 Contractual basis of employment for senior executives
  • 191 Term of contract

CHAPTER 6 - GOVERNANCE OF PUBLIC SECTOR

PART 1 - THE MINISTER

  • 192 Functions
  • 193 Giving direction
  • 194 Making performance framework
  • 195 Establishing taskforce
  • 196 Taskforce’s functions and staffing arrangements

PART 2 - DEPARTMENTS OF GOVERNMENT

  • 197 Declaration of departments
  • 198 Changes relating to departments or other government entities
  • 199 Declaration of functions
  • 200 Changes relating to functions
  • 201 Other powers
  • 202 Provision for public service employees and amalgamations
  • 203 Existence of separate government entities not affected

PART 3 - PUBLIC SECTOR COMMISSION

  • 204 Continuation of commission
  • 205 Membership
  • 206 Commission represents State
  • 207 Functions
  • 208 Powers
  • 209 Staff members of commission
  • 210 Staff member subject to direction by commissioner
  • 211 Agents

PART 4 - PUBLIC SECTOR COMMISSIONER

  • 212 Appointment
  • 213 Disqualification as commissioner
  • 214 Term
  • 215 Remuneration and conditions
  • 216 Vacancy in office
  • 217 Functions and responsibilities of commissioner
  • 218 Powers
  • 219 Acting as commissioner
  • 220 Preservation of rights

PART 5 - DIRECTIVES

  • 221 Directive binding
  • 222 Making of directive—commissioner
  • 223 Making of directive—industrial relations Minister
  • 224 Consultation for directives
  • 225 Advice about making directive
  • 226 Joint directives
  • 227 Directive may apply Act to public sector employees
  • 228 Relationship with legislation
  • 229 Relationship with industrial instrument

PART 6 - SPECIAL COMMISSIONERS

  • 230 Appointment
  • 231 Disqualification as special commissioner
  • 232 Term
  • 233 Remuneration and conditions
  • 234 Vacancy in office
  • 235 Conflicts of interest
  • 236 Functions
  • 237 Powers
  • 238 Preservation of rights
  • 239 Special commissioner subject to direction of chairperson of council

PART 7 - PUBLIC SECTOR GOVERNANCE COUNCIL

  • 240 Establishment
  • 241 Membership
  • 242 Community representatives
  • 243 Disqualification as community representative
  • 244 Vacancy in office
  • 245 Council represents State
  • 246 Chairperson
  • 247 Functions
  • 248 Powers
  • 249 Number and classification levels of senior executive roles
  • 250 Head of practice area
  • 251 Conduct of business

PART 8 - PUBLIC SECTOR REVIEWS

Division 1 - Preliminary

Division 2 - Initiating public sector review

Division 3 - Functions and powers of reviewing entity

  • 256 How reviewing entity’s functions may be performed
  • 257 Powers for conducting public sector review

Division 4 - Conduct of review

  • 258 Referring entity to be kept informed
  • 259 Referring entity may obtain information
  • 260 Disclosure of documents or information
  • 261 Reviewing entity to prepare report
  • 262 Procedure for reporting sensitive information
  • 263 Reporting to referring entity

PART 9 - COMPLAINTS MANAGEMENT SYSTEM

PART 10 - MISCELLANEOUS

  • 265 Criminal history checks to confirm suitability for appointment

CHAPTER 7 - MATTERS APPLYING TO PUBLIC SERVICE EMPLOYEES AND OTHER INDIVIDUALS

PART 1 - PROTECTION FROM CIVIL LIABILITY

  • 266 Main purpose of part
  • 267 Definition for part
  • 268 Application of part
  • 269 Civil liability of prescribed person for engaging in conduct in official capacity
  • 270 Civil liability of prescribed person if another Act provides for protection from civil liability

PART 2 - RIGHT TO REAPPOINTMENT AFTER CANDIDATURE IN ELECTION

CHAPTER 8 - GENERAL

PART 1 - APPLICATION OF OTHER ACTS TO PARTICULAR PUBLIC SERVICE ENTITIES

  • 274 Other Acts apply to particular public service entities as if entities were departments

PART 2 - GOVERNMENT ENTITIES

  • 275 Purpose of part
  • 276 What is a government entity

PART 3 - CONFIDENTIALITY

PART 4 - DELEGATION

  • 280 Definition for part
  • 281 Delegation of Minister’s functions
  • 282 Delegation of chief executive’s functions
  • 283 Delegation of commissioner’s functions
  • 284 Delegation of special commissioner’s functions

PART 5 - MISCELLANEOUS

  • 285 Effect of Act on State
  • 286 Approved forms
  • 287 Regulation-making power
  • 288 Transitional regulation-making power

CHAPTER 9 - REPEAL, SAVINGS AND TRANSITIONAL PROVISIONS

PART 1 - REPEAL

PART 2 - SAVINGS AND TRANSITIONAL PROVISIONS

Division 1 - Preliminary

Division 2 - Savings provisions

  • 292 Definitions for division
  • 293 Express references to principles of natural justice
  • 294 Express references to reasonably performing function or reasonably exercising power

Division 3 - Public service employees

  • 295 Existing public service employees
  • 296 Existing public service officers
  • 297 Existing chief executives
  • 298 Existing commission chief executive
  • 299 Existing secondments, transfers or redeployments
  • 300 Existing requirements to disclose previous history of serious disciplinary action
  • 301 Existing work performance arrangements
  • 302 Existing interchange arrangements
  • 303 Existing consents to obtain criminal history
  • 304 Existing declarations of interest by chief executives
  • 305 Existing declarations of interest by persons
  • 306 Existing requirements to attend medical examination

Division 4 - Directives

  • 307 Existing directives by commission chief executive
  • 308 Existing directives by industrial relations Minister
  • 309 References to existing directives

Division 5 - Delegations

  • 310 Existing delegations by chief executives
  • 311 Existing delegations by commission chief executive

Division 6 - Disciplinary action and suspension

  • 312 Existing disciplinary action
  • 313 Existing disciplinary finding
  • 314 Disciplinary ground arising before commencement
  • 315 Existing suspensions
  • 316 Reason for suspension arising before commencement

Division 7 - Reviews and appeals

  • 317 Existing request to review employment status
  • 318 Existing review by chief executive of employment status
  • 319 Existing request to employ person at higher classification level
  • 320 Existing review by commission of department’s handling of work performance matters
  • 321 Reason for review of work performance matter arising before commencement
  • 322 Existing review by commission of procedural aspect of department’s handling of current work performance matter
  • 323 Reason for review of procedural aspect of public sector entity’s handling of current work performance matter arising before commencement
  • 324 Existing appeal

Division 8 - Miscellaneous

  • 325 Application of transitional provisions in relation to provisions applied to public service offices
  • 326 References to repealed Act

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