{"id":"C2004A04765","name":"Australian Capital Territory Government Service (Consequential Provisions) Act 1994","slug":"australian-capital-territory-government-service-consequential-provisions-act-1994","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"92 of 1994","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":38647,"registerId":"commonwealth-C2004A04765-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Australian Capital Territory Government Service (Consequential Provisions) Act 1994.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  (1) This Act commences on a day to be fixed by Proclamation.\n  (2) If this Act does not commence under subsection (1) within 18 months after the day on which it receives the Royal Assent, this Act is repealed on the first day after the end of that period.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n  (1) In this Act, unless the contrary intention appears:\n\n> ACT Branch means the branch of the Australian Public Service referred to in subsection 21(2) of the A.C.T. Self‑Government (Consequential Provisions) Act 1988.\n\n> ACT officer means a person who is an officer within the meaning of the Public Sector Management Act 1994 of the Australian Capital Territory.\n\n> Public Service Act means the Public Service Act 1922.\n\n> transfer day means the day on which this Act commences.\n\n  (2) An expression used in the Public Service Act, when used in this Act, has the same meaning as in the Public Service Act.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Provisions related to the establishment of the Australian Capital Territory Government Service","content":"An Act to make provision consequential on the establishment of the Australian Capital Territory Government Service, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian Capital Territory Government Service (Consequential Provisions) Act 1994.\n\n#### 2 Commencement\n\n  (1) This Act commences on a day to be fixed by Proclamation.\n  (2) If this Act does not commence under subsection (1) within 18 months after the day on which it receives the Royal Assent, this Act is repealed on the first day after the end of that period.\n\n#### 3 Definitions\n\n  (1) In this Act, unless the contrary intention appears:\n\n> ACT Branch means the branch of the Australian Public Service referred to in subsection 21(2) of the A.C.T. Self‑Government (Consequential Provisions) Act 1988.\n\n> ACT officer means a person who is an officer within the meaning of the Public Sector Management Act 1994 of the Australian Capital Territory.\n\n> Public Service Act means the Public Service Act 1922.\n\n> transfer day means the day on which this Act commences.\n\n  (2) An expression used in the Public Service Act, when used in this Act, has the same meaning as in the Public Service Act.\n\n## Part 2—Provisions related to the establishment of the Australian Capital Territory Government Service\n\n#### 4 Effect of earlier staffing action\n\n  (1) In this section, 1989 direction means the direction given by the Public Service Commissioner on 9 June 1989 under subsection 33C(2) of the Public Service Act and relating to the inclusion of certain unattached officers in the ACT Branch.\n  (2) The 1989 direction is to be taken to have had the effect of including in the ACT Branch the unattached officers to whom the direction was expressed to apply and to have so included those officers on 9 June 1989.\n  (3) A person to whom this subsection applies is to be taken to have been, on 9 June 1989, included in the ACT Branch.\n  (4) Subsection (3) applies to a person if:\n    (a) the person was, on 9 June 1989, an unattached officer; and\n    (b) the last office held by the person before that date was an office the duties of which related, wholly or substantially, to matters that, as at 9 June 1989, were dealt with by the ACT Branch.\n\n#### 5 Certain persons cease to be members of the Australian Public Service\n\n  (1) On the transfer day, an officer of the Australian Public Service to whom this subsection applies ceases, by force of this section, to be an officer of the Australian Public Service.\n  (2) Subsection (1) applies to the following officers:\n    (a) an officer who holds an office included in the ACT Branch, whether or not the officer was performing the duties of that office immediately before the transfer day;\n    (b) an officer to whom Division 2 of Part IV of the Public Service Act applies and who is included in the ACT Branch;\n    (c) an officer to whom the repealed Officers’ Rights Declaration Act 1928 applies by virtue of section 87TA of the Public Service Act and who is included in the ACT Branch;\n    (d) an unattached officer, other than an officer referred to in paragraph (b) or (c), who is included in the ACT Branch.\n  (3) On the transfer day:\n    (a) a person employed under Division 10 of Part III of the Public Service Act to perform duties in the ACT Branch ceases, by force of this subsection, to be so employed; and\n    (b) a person otherwise employed by the Commonwealth to perform duties in the ACT Branch ceases, by force of this subsection, to be so employed.\n  (4) Subsection (3) applies to a person whether or not the person was actually performing duties in the ACT Branch immediately before the transfer day.\n\n#### 8 Transfer of personnel files\n\n  (1) This section applies where before the commencement of the Public Service Act 1999:\n    (a) a person ceases to be an officer of the Australian Public Service and becomes an ACT officer; or\n    (b) a person ceases to be an ACT officer and becomes an officer of the Australian Public Service.\n  (2) In a case referred to in paragraph (1)(a), the relevant Secretary or Agency Head (within the meaning of the Public Service Act 1999) may deliver to the appropriate authority of the Australian Capital Territory all records kept by the Secretary or Agency Head in relation to the person and reasonably necessary to be so delivered in connection with the employment of the person as an ACT officer.\n  (3) In a case referred to in paragraph (1)(b), records kept, in relation to the person, for the purposes of the Australian Capital Territory Government Service may be delivered to the relevant Secretary or Agency Head (within the meaning of the Public Service Act 1999) if it is reasonably necessary for the records to be so delivered in connection with the employment of the person as an officer of the Australian Public Service.\n  (4) Personal information contained in records delivered to an authority under subsection (2) may be used as if the information had been collected by the authority for the purposes of the Australian Capital Territory Government Service.\n  (5) Personal information contained in records delivered to a Secretary or Agency Head under subsection (3) may be used as if the information had been collected by the Secretary for the purposes of the Australian Public Service.\n\n#### 9 Operation of Part IV of the Public Service Act in relation to certain staff\n\n  (1) If, but for this subsection, an officer to whom subsection 5(1) applies would have been, on the transfer day, an officer to whom a provision of Part IV of the Public Service Act applied:\n    (a) Part IV of that Act ceases, on the transfer day, to have any application to the officer; and\n    (b) in the case of an officer to whom a provision of Division 4 of Part IV of that Act would have applied, the repealed Officers’ Rights Declaration Act 1928 ceases, on the transfer day, to have any application to the officer.\n  (2) If:\n    (a) but for this subsection, Division 3 of Part IV of the Public Service Act would have applied to a person on the transfer day; and\n    (b) the Department in which the person last held an office before that day was the ACT Branch;\n  the person ceases, on the transfer day, to be a person to whom Division 3 of Part IV of the Public Service Act applies.\n  (3) If:\n    (a) but for this subsection, Division 3 of Part IV of the Public Service Act would have applied to a person on the transfer day; and\n    (b) the last office held by that person before that day was an office the duties of which related, wholly or substantially, to matters that, as at the transfer day, were dealt with by the ACT Branch;\n  the person ceases, on the transfer day, to be a person to whom Division 3 of Part IV of the Public Service Act applies.\n  (4) To the extent that they prescribe Calvary Hospital A.C.T. Incorporated for the purposes of paragraph (d) of the definition of public authority in subsection 87(1) of the Public Service Act, regulations under that Act cease to have effect on the transfer day.\n\n#### 10 Arrangements relating to staffing\n\n  An Agency Head (within the meaning of the Public Service Act 1999) may arrange with an appropriate authority of the Australian Capital Territory:\n    (a) for the services of officers or employees in the Agency (within the meaning of that Act) to be made available to the authority; or\n    (b) for the services of officers or employees of the Australian Capital Territory Government Service to be made available to the Agency Head.\n\n## Part 5—Miscellaneous\n\n#### 25 Leave entitlements\n\n  (1) This section applies to a person who is engaged under section 22 of the Public Service Act 1999.\n  (3) If, immediately before a person to whom this section applies ceases to be an ACT officer, the person has an entitlement, as such an officer, to leave of absence for recreation, the person retains that entitlement, on engagement as an APS employee, as if the entitlement had accrued under the Public Service Act 1999.\n  (4) The Public Service Act 1999 has effect, in relation to the accrual, on and after the engagement of a person as an APS employee, of the person’s entitlement to leave of absence for recreation in relation to a period since the person last gained an entitlement, as an ACT officer, to leave of absence for recreation as if service by the person as an ACT officer during that period had been service as an APS employee.\n  (5) If, immediately before the engagement of a person as an APS employee, the person has an entitlement, as an ACT officer, to be paid a recreation leave loading, the person retains the entitlement as if the entitlement had accrued under the APS Award 1998, but the entitlement is subject to the provisions of that award as if it had arisen under that award.\n  (6) The reference in subsection (5) to a recreation leave loading is a reference to a payment that corresponds, or substantially corresponds, to a payment under the APS Award 1998.\n\n#### 26 Transitional provision: Leave payments\n\n  (1) If, but for this section:\n    (a) an amount would become due to a person:\n    (i) under the Public Service Act, or under regulations or a determination made under that Act, in lieu of leave of absence for recreation or in any other way in relation to any entitlement of the person to such leave of absence; or\n    (ii) under the Long Service Leave (Commonwealth Employees) Act 1976; and\n    (b) the amount would become due solely because of the operation of section 5 of this Act in relation to the person;\n  the amount does not become due.\n  (2) If, but for this section:\n    (a) an amount would become due to a person:\n    (i) under the Public Service Act 1999, or under regulations or a determination made under that Act, in lieu of leave of absence for recreation or in any other way in relation to any entitlement of the person to such leave of absence; or\n    (ii) under the Long Service Leave (Commonwealth Employees) Act 1976; and\n    (b) the amount would become due solely because of the resignation of the person from the Australian Public Service for the purpose of his or her being appointed to the Australian Capital Territory Government Service;\n  the amount does not become due on the person’s resignation from the Australian Public Service.\n  (3) This section has effect in spite of any provision of:\n    (a) the Long Service Leave (Commonwealth Employees) Act 1976; or\n    (b) the Public Service Act 1922 or the Public Service Act 1999; or\n    (c) any regulations or determination made under either of those Acts.","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Effect of earlier staffing action","content":"#### 4 Effect of earlier staffing action\n\n  (1) In this section, 1989 direction means the direction given by the Public Service Commissioner on 9 June 1989 under subsection 33C(2) of the Public Service Act and relating to the inclusion of certain unattached officers in the ACT Branch.\n  (2) The 1989 direction is to be taken to have had the effect of including in the ACT Branch the unattached officers to whom the direction was expressed to apply and to have so included those officers on 9 June 1989.\n  (3) A person to whom this subsection applies is to be taken to have been, on 9 June 1989, included in the ACT Branch.\n  (4) Subsection (3) applies to a person if:\n    (a) the person was, on 9 June 1989, an unattached officer; and\n    (b) the last office held by the person before that date was an office the duties of which related, wholly or substantially, to matters that, as at 9 June 1989, were dealt with by the ACT Branch.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Certain persons cease to be members of the Australian Public Service","content":"#### 5 Certain persons cease to be members of the Australian Public Service\n\n  (1) On the transfer day, an officer of the Australian Public Service to whom this subsection applies ceases, by force of this section, to be an officer of the Australian Public Service.\n  (2) Subsection (1) applies to the following officers:\n    (a) an officer who holds an office included in the ACT Branch, whether or not the officer was performing the duties of that office immediately before the transfer day;\n    (b) an officer to whom Division 2 of Part IV of the Public Service Act applies and who is included in the ACT Branch;\n    (c) an officer to whom the repealed Officers’ Rights Declaration Act 1928 applies by virtue of section 87TA of the Public Service Act and who is included in the ACT Branch;\n    (d) an unattached officer, other than an officer referred to in paragraph (b) or (c), who is included in the ACT Branch.\n  (3) On the transfer day:\n    (a) a person employed under Division 10 of Part III of the Public Service Act to perform duties in the ACT Branch ceases, by force of this subsection, to be so employed; and\n    (b) a person otherwise employed by the Commonwealth to perform duties in the ACT Branch ceases, by force of this subsection, to be so employed.\n  (4) Subsection (3) applies to a person whether or not the person was actually performing duties in the ACT Branch immediately before the transfer day.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Transfer of personnel files","content":"#### 8 Transfer of personnel files\n\n  (1) This section applies where before the commencement of the Public Service Act 1999:\n    (a) a person ceases to be an officer of the Australian Public Service and becomes an ACT officer; or\n    (b) a person ceases to be an ACT officer and becomes an officer of the Australian Public Service.\n  (2) In a case referred to in paragraph (1)(a), the relevant Secretary or Agency Head (within the meaning of the Public Service Act 1999) may deliver to the appropriate authority of the Australian Capital Territory all records kept by the Secretary or Agency Head in relation to the person and reasonably necessary to be so delivered in connection with the employment of the person as an ACT officer.\n  (3) In a case referred to in paragraph (1)(b), records kept, in relation to the person, for the purposes of the Australian Capital Territory Government Service may be delivered to the relevant Secretary or Agency Head (within the meaning of the Public Service Act 1999) if it is reasonably necessary for the records to be so delivered in connection with the employment of the person as an officer of the Australian Public Service.\n  (4) Personal information contained in records delivered to an authority under subsection (2) may be used as if the information had been collected by the authority for the purposes of the Australian Capital Territory Government Service.\n  (5) Personal information contained in records delivered to a Secretary or Agency Head under subsection (3) may be used as if the information had been collected by the Secretary for the purposes of the Australian Public Service.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Operation of Part IV of the Public Service Act in relation to certain staff","content":"#### 9 Operation of Part IV of the Public Service Act in relation to certain staff\n\n  (1) If, but for this subsection, an officer to whom subsection 5(1) applies would have been, on the transfer day, an officer to whom a provision of Part IV of the Public Service Act applied:\n    (a) Part IV of that Act ceases, on the transfer day, to have any application to the officer; and\n    (b) in the case of an officer to whom a provision of Division 4 of Part IV of that Act would have applied, the repealed Officers’ Rights Declaration Act 1928 ceases, on the transfer day, to have any application to the officer.\n  (2) If:\n    (a) but for this subsection, Division 3 of Part IV of the Public Service Act would have applied to a person on the transfer day; and\n    (b) the Department in which the person last held an office before that day was the ACT Branch;\n  the person ceases, on the transfer day, to be a person to whom Division 3 of Part IV of the Public Service Act applies.\n  (3) If:\n    (a) but for this subsection, Division 3 of Part IV of the Public Service Act would have applied to a person on the transfer day; and\n    (b) the last office held by that person before that day was an office the duties of which related, wholly or substantially, to matters that, as at the transfer day, were dealt with by the ACT Branch;\n  the person ceases, on the transfer day, to be a person to whom Division 3 of Part IV of the Public Service Act applies.\n  (4) To the extent that they prescribe Calvary Hospital A.C.T. Incorporated for the purposes of paragraph (d) of the definition of public authority in subsection 87(1) of the Public Service Act, regulations under that Act cease to have effect on the transfer day.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Arrangements relating to staffing","content":"#### 10 Arrangements relating to staffing\n\n  An Agency Head (within the meaning of the Public Service Act 1999) may arrange with an appropriate authority of the Australian Capital Territory:\n    (a) for the services of officers or employees in the Agency (within the meaning of that Act) to be made available to the authority; or\n    (b) for the services of officers or employees of the Australian Capital Territory Government Service to be made available to the Agency Head.","sortOrder":9},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"An Act to make provision consequential on the establishment of the Australian Capital Territory Government Service, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian Capital Territory Government Service (Consequential Provisions) Act 1994.\n\n#### 2 Commencement\n\n  (1) This Act commences on a day to be fixed by Proclamation.\n  (2) If this Act does not commence under subsection (1) within 18 months after the day on which it receives the Royal Assent, this Act is repealed on the first day after the end of that period.\n\n#### 3 Definitions\n\n  (1) In this Act, unless the contrary intention appears:\n\n> ACT Branch means the branch of the Australian Public Service referred to in subsection 21(2) of the A.C.T. Self‑Government (Consequential Provisions) Act 1988.\n\n> ACT officer means a person who is an officer within the meaning of the Public Sector Management Act 1994 of the Australian Capital Territory.\n\n> Public Service Act means the Public Service Act 1922.\n\n> transfer day means the day on which this Act commences.\n\n  (2) An expression used in the Public Service Act, when used in this Act, has the same meaning as in the Public Service Act.\n\n## Part 2—Provisions related to the establishment of the Australian Capital Territory Government Service\n\n#### 4 Effect of earlier staffing action\n\n  (1) In this section, 1989 direction means the direction given by the Public Service Commissioner on 9 June 1989 under subsection 33C(2) of the Public Service Act and relating to the inclusion of certain unattached officers in the ACT Branch.\n  (2) The 1989 direction is to be taken to have had the effect of including in the ACT Branch the unattached officers to whom the direction was expressed to apply and to have so included those officers on 9 June 1989.\n  (3) A person to whom this subsection applies is to be taken to have been, on 9 June 1989, included in the ACT Branch.\n  (4) Subsection (3) applies to a person if:\n    (a) the person was, on 9 June 1989, an unattached officer; and\n    (b) the last office held by the person before that date was an office the duties of which related, wholly or substantially, to matters that, as at 9 June 1989, were dealt with by the ACT Branch.\n\n#### 5 Certain persons cease to be members of the Australian Public Service\n\n  (1) On the transfer day, an officer of the Australian Public Service to whom this subsection applies ceases, by force of this section, to be an officer of the Australian Public Service.\n  (2) Subsection (1) applies to the following officers:\n    (a) an officer who holds an office included in the ACT Branch, whether or not the officer was performing the duties of that office immediately before the transfer day;\n    (b) an officer to whom Division 2 of Part IV of the Public Service Act applies and who is included in the ACT Branch;\n    (c) an officer to whom the repealed Officers’ Rights Declaration Act 1928 applies by virtue of section 87TA of the Public Service Act and who is included in the ACT Branch;\n    (d) an unattached officer, other than an officer referred to in paragraph (b) or (c), who is included in the ACT Branch.\n  (3) On the transfer day:\n    (a) a person employed under Division 10 of Part III of the Public Service Act to perform duties in the ACT Branch ceases, by force of this subsection, to be so employed; and\n    (b) a person otherwise employed by the Commonwealth to perform duties in the ACT Branch ceases, by force of this subsection, to be so employed.\n  (4) Subsection (3) applies to a person whether or not the person was actually performing duties in the ACT Branch immediately before the transfer day.\n\n#### 8 Transfer of personnel files\n\n  (1) This section applies where before the commencement of the Public Service Act 1999:\n    (a) a person ceases to be an officer of the Australian Public Service and becomes an ACT officer; or\n    (b) a person ceases to be an ACT officer and becomes an officer of the Australian Public Service.\n  (2) In a case referred to in paragraph (1)(a), the relevant Secretary or Agency Head (within the meaning of the Public Service Act 1999) may deliver to the appropriate authority of the Australian Capital Territory all records kept by the Secretary or Agency Head in relation to the person and reasonably necessary to be so delivered in connection with the employment of the person as an ACT officer.\n  (3) In a case referred to in paragraph (1)(b), records kept, in relation to the person, for the purposes of the Australian Capital Territory Government Service may be delivered to the relevant Secretary or Agency Head (within the meaning of the Public Service Act 1999) if it is reasonably necessary for the records to be so delivered in connection with the employment of the person as an officer of the Australian Public Service.\n  (4) Personal information contained in records delivered to an authority under subsection (2) may be used as if the information had been collected by the authority for the purposes of the Australian Capital Territory Government Service.\n  (5) Personal information contained in records delivered to a Secretary or Agency Head under subsection (3) may be used as if the information had been collected by the Secretary for the purposes of the Australian Public Service.\n\n#### 9 Operation of Part IV of the Public Service Act in relation to certain staff\n\n  (1) If, but for this subsection, an officer to whom subsection 5(1) applies would have been, on the transfer day, an officer to whom a provision of Part IV of the Public Service Act applied:\n    (a) Part IV of that Act ceases, on the transfer day, to have any application to the officer; and\n    (b) in the case of an officer to whom a provision of Division 4 of Part IV of that Act would have applied, the repealed Officers’ Rights Declaration Act 1928 ceases, on the transfer day, to have any application to the officer.\n  (2) If:\n    (a) but for this subsection, Division 3 of Part IV of the Public Service Act would have applied to a person on the transfer day; and\n    (b) the Department in which the person last held an office before that day was the ACT Branch;\n  the person ceases, on the transfer day, to be a person to whom Division 3 of Part IV of the Public Service Act applies.\n  (3) If:\n    (a) but for this subsection, Division 3 of Part IV of the Public Service Act would have applied to a person on the transfer day; and\n    (b) the last office held by that person before that day was an office the duties of which related, wholly or substantially, to matters that, as at the transfer day, were dealt with by the ACT Branch;\n  the person ceases, on the transfer day, to be a person to whom Division 3 of Part IV of the Public Service Act applies.\n  (4) To the extent that they prescribe Calvary Hospital A.C.T. Incorporated for the purposes of paragraph (d) of the definition of public authority in subsection 87(1) of the Public Service Act, regulations under that Act cease to have effect on the transfer day.\n\n#### 10 Arrangements relating to staffing\n\n  An Agency Head (within the meaning of the Public Service Act 1999) may arrange with an appropriate authority of the Australian Capital Territory:\n    (a) for the services of officers or employees in the Agency (within the meaning of that Act) to be made available to the authority; or\n    (b) for the services of officers or employees of the Australian Capital Territory Government Service to be made available to the Agency Head.\n\n## Part 5—Miscellaneous\n\n#### 25 Leave entitlements\n\n  (1) This section applies to a person who is engaged under section 22 of the Public Service Act 1999.\n  (3) If, immediately before a person to whom this section applies ceases to be an ACT officer, the person has an entitlement, as such an officer, to leave of absence for recreation, the person retains that entitlement, on engagement as an APS employee, as if the entitlement had accrued under the Public Service Act 1999.\n  (4) The Public Service Act 1999 has effect, in relation to the accrual, on and after the engagement of a person as an APS employee, of the person’s entitlement to leave of absence for recreation in relation to a period since the person last gained an entitlement, as an ACT officer, to leave of absence for recreation as if service by the person as an ACT officer during that period had been service as an APS employee.\n  (5) If, immediately before the engagement of a person as an APS employee, the person has an entitlement, as an ACT officer, to be paid a recreation leave loading, the person retains the entitlement as if the entitlement had accrued under the APS Award 1998, but the entitlement is subject to the provisions of that award as if it had arisen under that award.\n  (6) The reference in subsection (5) to a recreation leave loading is a reference to a payment that corresponds, or substantially corresponds, to a payment under the APS Award 1998.\n\n#### 26 Transitional provision: Leave payments\n\n  (1) If, but for this section:\n    (a) an amount would become due to a person:\n    (i) under the Public Service Act, or under regulations or a determination made under that Act, in lieu of leave of absence for recreation or in any other way in relation to any entitlement of the person to such leave of absence; or\n    (ii) under the Long Service Leave (Commonwealth Employees) Act 1976; and\n    (b) the amount would become due solely because of the operation of section 5 of this Act in relation to the person;\n  the amount does not become due.\n  (2) If, but for this section:\n    (a) an amount would become due to a person:\n    (i) under the Public Service Act 1999, or under regulations or a determination made under that Act, in lieu of leave of absence for recreation or in any other way in relation to any entitlement of the person to such leave of absence; or\n    (ii) under the Long Service Leave (Commonwealth Employees) Act 1976; and\n    (b) the amount would become due solely because of the resignation of the person from the Australian Public Service for the purpose of his or her being appointed to the Australian Capital Territory Government Service;\n  the amount does not become due on the person’s resignation from the Australian Public Service.\n  (3) This section has effect in spite of any provision of:\n    (a) the Long Service Leave (Commonwealth Employees) Act 1976; or\n    (b) the Public Service Act 1922 or the Public Service Act 1999; or\n    (c) any regulations or determination made under either of those Acts.","sortOrder":10},{"sectionNumber":"25","sectionType":"section","heading":"Leave entitlements","content":"#### 25 Leave entitlements\n\n  (1) This section applies to a person who is engaged under section 22 of the Public Service Act 1999.\n  (3) If, immediately before a person to whom this section applies ceases to be an ACT officer, the person has an entitlement, as such an officer, to leave of absence for recreation, the person retains that entitlement, on engagement as an APS employee, as if the entitlement had accrued under the Public Service Act 1999.\n  (4) The Public Service Act 1999 has effect, in relation to the accrual, on and after the engagement of a person as an APS employee, of the person’s entitlement to leave of absence for recreation in relation to a period since the person last gained an entitlement, as an ACT officer, to leave of absence for recreation as if service by the person as an ACT officer during that period had been service as an APS employee.\n  (5) If, immediately before the engagement of a person as an APS employee, the person has an entitlement, as an ACT officer, to be paid a recreation leave loading, the person retains the entitlement as if the entitlement had accrued under the APS Award 1998, but the entitlement is subject to the provisions of that award as if it had arisen under that award.\n  (6) The reference in subsection (5) to a recreation leave loading is a reference to a payment that corresponds, or substantially corresponds, to a payment under the APS Award 1998.","sortOrder":11},{"sectionNumber":"26","sectionType":"section","heading":"Transitional provision: Leave payments","content":"#### 26 Transitional provision: Leave payments\n\n  (1) If, but for this section:\n    (a) an amount would become due to a person:\n    (i) under the Public Service Act, or under regulations or a determination made under that Act, in lieu of leave of absence for recreation or in any other way in relation to any entitlement of the person to such leave of absence; or\n    (ii) under the Long Service Leave (Commonwealth Employees) Act 1976; and\n    (b) the amount would become due solely because of the operation of section 5 of this Act in relation to the person;\n  the amount does not become due.\n  (2) If, but for this section:\n    (a) an amount would become due to a person:\n    (i) under the Public Service Act 1999, or under regulations or a determination made under that Act, in lieu of leave of absence for recreation or in any other way in relation to any entitlement of the person to such leave of absence; or\n    (ii) under the Long Service Leave (Commonwealth Employees) Act 1976; and\n    (b) the amount would become due solely because of the resignation of the person from the Australian Public Service for the purpose of his or her being appointed to the Australian Capital Territory Government Service;\n  the amount does not become due on the person’s resignation from the Australian Public Service.\n  (3) This section has effect in spite of any provision of:\n    (a) the Long Service Leave (Commonwealth Employees) Act 1976; or\n    (b) the Public Service Act 1922 or the Public Service Act 1999; or\n    (c) any regulations or determination made under either of those Acts.","sortOrder":12}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"This is a consequential act to facilitate the transfer of staff from the Australian Public Service to the ACT Government Service, including provisions for records and leave preservation. Its scope remains limited to transitional and ongoing staffing arrangements between the two services."},"complexity_factors":["References to multiple other Acts (Public Service Act 1922, Public Service Act 1999, Officers' Rights Declaration Act 1928, Long Service Leave (Commonwealth Employees) Act 1976)","Conditional provisions using 'but for this subsection' and 'if, but for' structures","Retroactively validates a 1989 administrative direction (section 4)","Defined terms rely on external legislation","Nested exceptions in sections 5, 9, 25, 26","Transitional provisions that override other Acts (section 26(3))"],"plain_english_summary":"This Act handles the transfer of staff from the Australian Public Service (APS) to the newly created Australian Capital Territory (ACT) Government Service, following the ACT's self-government in the late 1980s. It moves employees who were working on ACT-related matters from Commonwealth employment to ACT employment, without triggering immediate leave payouts or losing entitlements. It also allows for the transfer of personnel records and future staff swaps between the two services. This mainly affects APS officers in the 'ACT Branch' and certain unattached officers, ensuring a smooth transition of staff and preserving their accumulated leave and long service rights."},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act operates squarely within its stated purpose of managing the consequential employment and administrative arrangements arising from the establishment of the ACT Government Service. All visible provisions — staff transfers, retrospective validation of earlier directions, file transfers, leave entitlements, and staff-sharing arrangements — are directly connected to that core transition function. No mission creep is evident from the available text."},"complexity_factors":["References multiple Acts across different eras (Public Service Act 1922, Public Service Act 1999, Long Service Leave (Commonwealth Employees) Act 1976, Officers' Rights Declaration Act 1928), requiring cross-referencing to understand full effect","Retrospective legal operation — section 4 validates a 1989 administrative direction as if it had always been effective, creating backward-looking legal fictions","Multiple overlapping categories of affected persons with different legal treatments (attached officers, unattached officers, Division 2/3/4 officers, casuals), requiring careful categorisation","Interaction between two distinct public service frameworks (federal and ACT territorial) with different governing legislation","Leave entitlement provisions involve nuanced anti-double-payment rules that override other Acts, requiring understanding of what those Acts would otherwise require","Document appears to contain significant structural duplication (sections repeated), suggesting formatting issues that obscure the true structure of the Act","Missing sections (e.g., sections 6, 7, 11–24 are absent from the provided text), making it difficult to assess the full scope of the legislation","Sunset clause on commencement (self-repeal if not proclaimed within 18 months) adds a conditional legal dimension"],"plain_english_summary":"## What This Law Does\n\nThis Act manages the **transfer of public servants** from the Australian (federal) Public Service to the newly created **ACT Government Service** — essentially the bureaucratic plumbing required when the ACT gained its own separate public service in 1994.\n\n## Who It Affects\n\nThis law primarily affects **public servants** who were working in the ACT branch of the federal public service at the time of the transfer. It also affects anyone who subsequently moves between the federal and ACT public services.\n\n## Key Things It Does\n\n- **Cuts the cord**: On the 'transfer day' (when the Act commenced), federal public servants working in the ACT branch automatically stopped being federal employees — by operation of law, not by resignation or dismissal.\n\n- **Fixes a 1989 paperwork problem**: Retroactively confirms that a 1989 administrative direction (which assigned certain 'unattached' — i.e., without a specific role — federal officers into the ACT branch) was legally valid from day one.\n\n- **Transfers your personnel file**: Allows employment records to follow you if you move between the federal and ACT public services, and permits the receiving employer to use that personal information for employment purposes.\n\n- **Protects your leave entitlements**: If you moved from the ACT public service to the federal public service, your accrued annual leave (holiday time you'd built up) carried over — you didn't lose it. However, leave payouts that would normally be triggered by leaving a job were **blocked** if the only reason you were 'leaving' was this transfer (to prevent a windfall double-payment).\n\n- **Allows staff sharing**: Federal and ACT government agencies can arrange to lend each other staff.\n\n## Why It Matters\n\nThis is essentially a **machinery-of-government** law — it's the legal mechanism that made ACT self-government real in employment terms. Without it, the transfer of thousands of public servants would have been legally chaotic, with unclear entitlements, potential gaps in employment continuity, and possible double-payments of leave."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation appears to have grown beyond its original 1994 scope through amendments. The text references the Public Service Act 1999 (which commenced in 1999) and the APS Award 1998, indicating later amendments extended the Act's operation to cover transfers under the new federal public service regime that didn't exist when the Act was originally passed. Section 25 specifically deals with engagement under section 22 of the 1999 Act, showing the legislation was adapted to remain relevant after the 1999 public service reforms."},"complexity_factors":["Multiple overlapping public service regimes referenced (Public Service Act 1922, Public Service Act 1999, ACT Public Sector Management Act 1994, repealed Officers' Rights Declaration Act 1928)","Extensive cross-referencing to external legislation including the A.C.T. Self-Government (Consequential Provisions) Act 1988 and Long Service Leave (Commonwealth Employees) Act 1976","Conditional logic with nested 'if...but for this section' structures in sections 9 and 26","Temporal complexity involving backdating to 9 June 1989, transfer day mechanics, and transitional provisions spanning different legislative eras","Defined terms rely on definitions in other Acts (incorporation by reference)","Missing subsection (2) in section 25 creates structural irregularity","Duplicate content in the provided text suggests compilation or formatting issues that obscure the Act's true structure"],"plain_english_summary":"This legislation is a **transitional law** that managed the transfer of public servants from the Commonwealth (federal) public service to the newly created Australian Capital Territory (ACT) Government Service in the mid-1990s.\n\n**What it does:**\n- **Transfers staff**: On the \"transfer day\" (when the Act started), certain Commonwealth public servants working in the ACT automatically stopped being federal employees and became ACT Government employees instead.\n- **Fixes historical paperwork**: It backdates a 1989 decision to ensure certain unattached officers (public servants between jobs) were properly counted as working for the ACT Branch from 9 June 1989.\n- **Moves records**: Allows personnel files to be transferred between the Commonwealth and ACT governments when staff move between the two services.\n- **Protects leave entitlements**: Ensures that when ACT officers later join the federal public service, they keep their accrued recreation leave (annual leave) and long service leave entitlements.\n- **Prevents double-dipping**: Stops people from claiming leave payouts twice—once from the Commonwealth and once from the ACT—when they transfer.\n- **Enables staff sharing**: Allows the Commonwealth and ACT to arrange for each other's staff to work temporarily for the other government.\n\n**Who it affects:**\n- Public servants working in the ACT who transferred from Commonwealth to ACT employment in the 1990s.\n- HR departments handling the transfer of records and entitlements.\n\n**Why it matters:**\nThis Act was essential for the practical implementation of ACT self-government. When the ACT gained self-government in 1989, it needed its own public service. This 1994 law cleaned up the legal loose ends—ensuring staff transfers happened smoothly, entitlements were protected, and nobody fell through the cracks between the two systems."}},"importantCases":[],"_links":{"self":"/api/acts/australian-capital-territory-government-service-consequential-provisions-act-1994","history":"/api/acts/australian-capital-territory-government-service-consequential-provisions-act-1994/history","analysis":"/api/acts/australian-capital-territory-government-service-consequential-provisions-act-1994/analysis","conflicts":"/api/acts/australian-capital-territory-government-service-consequential-provisions-act-1994/conflicts","importantCases":"/api/acts/australian-capital-territory-government-service-consequential-provisions-act-1994/important-cases","documents":"/api/acts/australian-capital-territory-government-service-consequential-provisions-act-1994/documents"}}