South Australian Consolidated Acts South Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears—
"administrative decision" means—
(a) a
decision; or
(b)
failure or refusal to make a decision,
in the exercise or purported exercise of administrative authority, but does
not include a decision or failure or refusal on the part of—
(c) the
Governor; or
(d) a
Minister; or
(e)
the Commissioner when acting under Part 5 or 6; or
(f)
the Disciplinary Appeals Tribunal or the Promotion and Grievance
Appeals Tribunal; or
(g) the
Director of Public Prosecutions when acting under section 79A;
"administrative unit" means an administrative structure in which persons are
or are to be employed, established under this Act as an administrative unit;
"advisory body" means an unincorporated body comprised of members appointed by
the Governor or a Minister (whether or not under an Act) with a function of
providing advice to a public sector agency;
"beneficiary" includes a person who is an object of a discretionary trust;
"casual position" means a position with duties required to be performed—
(a) for
a period not exceeding four weeks; or
(b) for
hours that are not regular or do not exceed 15 hours in a week;
"Chief Executive" means a person holding, or acting in, the position of
Chief Executive of an administrative unit;
"the Commissioner" means the person holding, or acting in, the position of
Commissioner for Public Employment;
"contractor" does not include a public sector agency;
"contract work" means work performed by a person as a contractor or as an
employee of a contractor or otherwise directly or indirectly on behalf of a
contractor, but does not include work performed as a member of an
unincorporated body with a function of advising a public sector agency;
"corporate agency executive" means a person who is employed by a
public sector agency that is a body corporate and is concerned or takes part
in the management of the agency;
"corporate agency member" means—
(a) a
member of a public sector agency that is a body corporate; or
(b) a
member of the governing body of a public sector agency that is a body
corporate;
"debenture" has the same meaning as in the Corporations Act 2001 of the
Commonwealth;
"the Disciplinary Appeals Tribunal" means the Tribunal of that name
established under Schedule 3;
"domestic partner" means a person who is a domestic partner within the meaning
of the Family Relationships Act 1975 , whether declared as such under
that Act or not;
"effective service" of an employee means the period of the employee's
continuous service in the Public Service subject to any adjustment required to
be made to that period under this Act;
"employee" means—
(a) in
relation to Part 2—a public sector employee; or
(b) in
relation to the remainder of this Act—a Chief Executive or executive of
an administrative unit or any other person appointed to the Public Service;
"executive" means an employee occupying a position determined by
the Commissioner under Part 6 to be an executive position;
"managed investment scheme" has the same meaning as in the Corporations
Act 2001 of the Commonwealth;
"merit", in relation to selection processes, means—
(a) the
extent to which each of the applicants has abilities, aptitude, skills,
qualifications, knowledge, experience (including community experience) and
personal qualities relevant to the carrying out of the duties in question; and
(b) if
relevant—
(i)
the manner in which each of the applicants carried out
any previous employment or occupational duties or functions; and
(ii)
the extent to which each of the applicants has potential
for development;
"the Minister" means the Minister to whom the administration of this Act is
for the time being committed;
"the Promotion and Grievance Appeals Tribunal" means the Tribunal of that name
established under Schedule 3;
"the public sector" means all public sector agencies and public
sector employees and the operations and activities carried on by the agencies
and employees;
"public sector agency" means—
(a) an
administrative unit; or
(b) an
agency or instrumentality of the Crown (including a Minister); or
(c) a
body corporate—
(i)
comprised of persons, or with a governing body comprised
of persons, a majority of whom are appointed by the Governor, a Minister or an
agency or instrumentality of the Crown; or
(ii)
subject to control or direction by a Minister; or
(iii)
declared under subsection (2) to be a
public sector agency; or
(d) a
subsidiary of a person or body referred to in paragraph (b) or (c),
but does not include a person or body declared under subsection (2) not
to be a public sector agency;
"public sector employee" means a person appointed to the Public Service or
employed by the Crown or a public sector agency;
"recognised organisation" means an association declared to be a
recognised organisation by the Commissioner under Part 5;
"relative", in relation to a person, means the spouse, domestic partner,
parent or remoter linear ancestor, son, daughter or remoter issue or brother
or sister of the person;
"relevant interest" has the same meaning as in the Corporations Act 2001
of the Commonwealth;
"relevant Minister" means—
(a) in
relation to a public sector agency—
(i)
in the case of an agency that is a Minister—that
Minister; or
(ii)
in the case of an agency (other than an incorporated
Minister) established under an Act other than this Act—the Minister
responsible for the administration of the Act; or
(iii)
in any other case—the Minister responsible for the
agency; or
(b) in
relation to a corporate agency member or corporate agency executive—the
relevant Minister in relation to the agency; or
(c) in
relation to an advisory body member—the relevant Minister in relation to
a public sector agency to which the body provides advice; or
(d) in
relation to a senior official or employee—
(i)
in the case of the Commissioner or the Deputy
Commissioner for Public Employment—the Minister responsible for the
administration of this Act; or
(ii)
in the case of a senior official or employee appointed
under an Act other than this Act—the Minister responsible for the
administration of the Act; or
(iii)
in any other case—the relevant Minister in relation
to the agency by or in which the senior official or employee is employed; or
(e) in
relation to a person performing contract work—
(i)
for a public sector agency—the relevant Minister in
relation to the agency; or
(ii)
for the Crown—the Minister responsible for the
administration of this Act;
"remuneration" means salary, allowances and other monetary benefits payable to
an employee;
"remuneration level" of a position in the Public Service means the level fixed
for the position in a structure of remuneration levels in accordance with the
appropriate determination of the Commissioner under Part 6;
"selection processes" means the processes by which applications are sought and
applicants selected for the purpose of employment in the public sector;
"senior official" means—
(a)
the Commissioner for Public Employment; or
(b) the
Deputy Commissioner for Public Employment; or
(c) the
Chief Executive of an administrative unit; or
(d) a
statutory office holder with the powers and functions of a Chief Executive of
an administrative unit; or
(e) a
chief executive (or acting chief executive) of a public sector agency other
than an administrative unit; or
(f) a
person declared by another Act or under subsection (2) to be a
senior official;
"spouse"—a person is the spouse of another if they are legally married;
"subsidiary" has the same meaning as in the Corporations Act 2001 of the
Commonwealth;
"temporary position" means a position—
(a) with
duties that—
(i)
are of a temporary nature; or
(ii)
are required to be performed urgently without the delay
involved in conducting selection processes; and
(b) with
a term of employment not exceeding 12 months;
"total remuneration package value" of a position under a contract means the
sum that results from aggregating—
(a) the
remuneration specified in the contract; and
(b) the
sums specified in the contract as representing the values of the benefits
(other than remuneration) to which the employee is entitled under the
contract;
"whole-of-Government objectives" means objectives for Government that are
approved in Cabinet from time to time and relate to the functions or
operations of all or various public sector agencies.
(1a) For the purposes
of this Act—
(a) a
person is an "associate" of another person if—
(i)
the other person is a relative of the person or of the
person's spouse or domestic partner; or
(ii)
the other person—
(A) is a body corporate; and
(B) the person or a relative of the person
or of the person's spouse or domestic partner has, or two or more such persons
together have, a relevant interest or relevant interests in shares in the body
corporate the nominal value of which is not less than 10 per cent of the
nominal value of the issued share capital of the body corporate; or
(iii)
the other person is a trustee of a trust of which the
person, a relative of the person or of the person's spouse or domestic partner
or a body corporate referred to in subparagraph (ii) is a beneficiary; or
(iv)
the person is declared by the regulations to be an
associate of the other person;
(b) in
determining whether a company is a "subsidiary" of a public sector agency, any
shares held, or powers exercisable by, the agency or any other body are not to
be taken to be held or exercisable in a fiduciary capacity by reason of the
fact that the agency is an instrumentality of the Crown or holds its property
on behalf of the Crown.
(2) The Minister may,
by notice published in the Gazette—
(a)
declare that a specified person or body is or is not a public sector agency
for the purposes of this Act; or
(ab)
declare that a person holding or acting in a specified position (being a
position established by an Act or an executive position) is a senior official;
or
(b) vary
or revoke a notice under this subsection.
Note—
For definition of divisional penalties (and divisional expiation fees) see
Appendix.