PUBLIC SECTOR MANAGEMENT ACT 1994
Table of Provisions
PART 1 -- Preliminary
- 1 Short title
- 2 Commencement
- 3 Terms used
- 4 Persons deemed to be CEOs or chief employees
- 5 Term used: employing authority
- 6 Crown bound; application of Industrial Relations Act 1979
PART 2 -- Public Sector principles
- 7 Public administration and management principles
- 8 Human resource management principles
- 9 Principles of conduct by public sector bodies etc.
PART 3A -- Public Sector Commissioner
Division 1 -- Public Sector Commissioner
- 16 Office of Public Sector Commissioner
- 17 Appointment etc. of Commissioner
- 18 Vacation of, or suspension from, office of Commissioner
- 19 Remuneration etc. of Commissioner
- 20 Miscellaneous provisions as to superannuation and leave of absence
Division 2 -- Functions of Commissioner
- 21A General functions
- 21 Public sector standards, codes of ethics and codes of conduct, establishing etc.
- 22A Commissioner’s instructions
- 22B Disposition of employees and offices
- 22C Reports to Ministers
- 22D Annual report
- 22E Other reports
- 22F Reports under s. 22D or 22E must be laid before Parliament
- 22G Powers
- 22 Commissioner to act independently
- 23 Delegation by Commissioner
Division 3 -- Reviews, special inquiries and investigations
Subdivision 1 -- Reviews
- 24A Terms used
- 24B Reviews of operations etc. of public sector bodies
- 24C Commissioner may authorise people to perform functions
- 24D Powers of Commissioner etc. for purposes of reviews
- 24E Consultation required before exercising powers in s. 24D
24F. Privileges of employees in relation to s. 24D powers
- 24G Report on review
Subdivision 2 -- Special inquiries
- 24H Special inquiries, purpose and arrangement of
- 24I Powers of person conducting special inquiry
- 24J Procedure and evidence at special inquiries
- 24K Reports on special inquiries
Subdivision 3 -- Investigations
- 24 Commissioner’s powers of investigation
Division 4 -- Acting appointments
- 28 Acting Commissioner appointed by Governor
- 29A Acting Commissioner appointed by Commissioner
- 29B Matters relevant to all acting appointments
PART 3B -- Chief executive officers and chief employees
- 29 Functions of CEOs and chief employees
- 30 Duties of CEOs and chief employees when performing functions
- 31 Extent of compliance with public sector standards etc. to be reported
- 32 CEOs and chief employees to comply with directions etc. of responsible authority
- 33 Delegation by CEO or chief employee
PART 3 -- Public Service
Division 1 -- General
- 34 Constitution of Public Service
- 35 Departments, establishment etc. of
- 36 Organisational powers of employing authorities of departments etc.
- 37 Right of appeal as to remuneration of employees of organisations that become part of Public Service
- 38 Determinations of offices in Special Division for Salaries and Allowances Act 1975 s. 6(1)(d)
39. Retirement of public service officers on grounds of ill health
- 40 Service of notices etc. when address of public service officer unknown
- 41 Public service officers appointed by Governor, exercise of powers as to
Division 2 -- Senior Executive Service
- 42 Purposes of Senior Executive Service
- 43 Constitution of Senior Executive Service
- 44 Agencies each to have CEO or chief employee
- 45 CEOs, appointment of
- 46 CEOs, reappointment of on expiry of contract
- 47 CEOs, performance agreements etc. of
- 49 CEOs, removal of from office
- 50 CEOs, transfer of
- 51 Acting CEOs
- 52 Employment etc. of CEOs cannot be litigated etc.
- 53 Senior executive officers, appointment of
- 54 Senior executive officers, transfer of
- 55 Senior executive officers, performance assessments of
- 56 Executive officers, contracts of employment of
- 57 Contracts of employment of executive officers, content of
- 58 Right of return for certain executive officers
- 59 Compensation etc. if executive officer has no right of return
- 60 Election to take compensation instead of right of return
- 61 Executive officers, secondment of
- 62 When executive officer ceases to be in Senior Executive Service
- 63 Vacation of office of executive officer
Division 3 -- Public service officers other than executive officers
- 64 Appointing officers
- 65 Transferring officers within and between departments etc.
- 66 Seconding officers from departments or organisations
- 67 Vacation of offices
PART 4 -- Assistance for political office holders
Division 1 -- Ministerial officers
- 68 Employing ministerial officers
- 69 Functions of ministerial officers
- 70 Terms and conditions of employment
- 71 Varying contract of employment
- 72 Termination of employment
- 73 Restriction on subsequent employment in departments etc.
- 74 Relationship between ministerial officers etc. and employees of departments etc.
Division 2 -- Assistance by permanent officers and seconded employees
- 75 Special offices to assist Ministers etc.
PART 5 -- Substandard performance and disciplinary matters
Division 1 -- General
- 76 Application and effect of Part
- 77 Employees appointed by Governor, exercise of powers as to
- 78 Appeals etc. against some decisions under s. 79, 82A, 82, 87, 88 or
Division 2 -- Substandard performance
- 79 Substandard performance, definition of and powers as to
Division 3 -- Disciplinary matters
- 80A Terms used
- 80 Breaches of discipline, defined
- 81 Suspected breach of discipline, employing authority’s options as to
- 82A Disciplinary matters, dealing with
- 82 Suspending employee pending decision on breach of discipline or criminal charge
- 87 Special disciplinary inquiries
- 88 Report of special disciplinary inquiry, consequences of
- 89 Dismissal of CEO for breach of discipline
- 90 Employing authority to notify employee of outcome of disciplinary matter
- 91 Fines, payment and recovery of
- 92 Employee convicted of serious offence, powers as to
- 93A Disciplinary action etc., when it can be taken
PART 6 -- Redeployment and redundancy of employees
- 93 Functions of some employing authorities under s. 94 regulations, performance of
- 94 Regulations concerning redeployment and redundancy
- 95A Termination of employment of registered employees
- 95B Inconsistent provisions, instruments and contracts
- 95 Jurisdiction of Industrial Commission in relation to section 94 decision
- 96A Jurisdiction of Industrial Commission in relation to section 95A decision
- 96B Review of this Part
PART 7 -- Procedures for seeking relief in respect of breach of public sector standards
- 96 Application of Part
- 97 Commissioner’s functions under Part
- 98 Regulations as to procedure for seeking relief etc.
PART 8 -- Miscellaneous
- 100 Engaging people by contracts for services and casual employees, powers for
- 101 Restriction on compensation for early termination of employment
- 102 Employees not to be employed outside Government etc. without permission
- 103 Unsuccessful electoral candidates, reappointment of
- 104 Time between resignation and reappointment not to count as service
- 105 Members of Parliament etc. not to contact employing authorities etc. about some appointments
- 106 Protection from personal liability
- 107 Vacancy etc. in office etc., directing people to act in case of
- 108A Delegation by Minister
- 108 Regulations
PART 9 -- Repeal and transitional provisions
Division 1 -- Public Service Act 1978 repeal and transitional provisions
- 110 Public Service Act 1978 repealed; transitional (Sch. 5)
- 111 Transitional provisions related to Part 4 (Sch. 6)
- 112 Certain words etc. in written laws etc. taken to be amended
Division 2 -- Public Sector Reform Act 2010 Part 2 amendments: transitional provisions
- 113 Transitional provisions (Sch. 7)
Division 3 -- Public Sector Reform Act 2010 Part 3 amendments: transitional provisions
- 114 Transitional provisions (Sch. 8)
