South Australian Consolidated Acts

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PUBLIC SECTOR MANAGEMENT ACT 1995 - SECT 7

7—Public Service structure

        (1)         The Public Service consists of administrative units established under this Act.

        (2)         The Governor may, by proclamation—

            (a)         establish an administrative unit and assign a title to it; and

            (b)         alter the title of an administrative unit; and

            (c)         abolish an administrative unit.

        (3)         The Governor may, by the same or a separate proclamation—

            (a)         transfer particular employees or classes of employees from an administrative unit to another administrative unit; and

            (b)         incorporate particular public sector employees or classes of public sector employees (not forming part of the Public Service) into an administrative unit; and

            (c)         exclude from the Public Service particular public sector employees or classes of public sector employees previously incorporated into an administrative unit; and

            (d)         make any appointment or transitional or ancillary provision that may be necessary or expedient in the circumstances.

        (4)         The Governor may, by proclamation, vary or revoke a proclamation under this section.

        (5)         If a proclamation abolishing an administrative unit makes no provision for the transfer of employees in the administrative unit, the employees become employees in an administrative unit designated by the Commissioner.

        (6)         Before a recommendation is made to the Governor as to a matter referred to in subsection (3) that will affect a significant number of employees, the Minister must, so far as is practicable—

            (a)         give notice of the proposed recommendation—

                  (i)         to the employees; and

                  (ii)         if a significant number of the members of a recognised organisation will be affected by the proposed recommendation—to the organisation; and

            (b)         hear any representations or argument that representatives of the employees or the organisation may wish to present in relation to the proposed recommendation.

        (7)         A proclamation under this section has effect according to its terms and despite any other Act.



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