{"id":"public-sector-employment-and-management-act-1993","name":"Public Sector Employment and Management Act 1993","slug":"public-sector-employment-and-management-act-1993","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30535,"registerId":"nt-public-sector-employment-and-management-act-1993-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Public Sector Employment and\nManagement Act 1993.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThis Act shall come into operation on a date to be fixed by the\nAdministrator by notice in the Gazette.\n","sortOrder":1},{"sectionNumber":"2A","sectionType":"section","heading":"Objects of Act","content":"2A Objects of Act\n(1) The objects of this Act are as follows:\n(a) to provide for an apolitical Public Sector that is efficient and\neffective in serving the government, the Legislative Assembly\nand the people of the Northern Territory;\n(b) to provide for the administration of the Public Sector and the\nemployment and management of employees;\n(c) to provide for the obligations and rights of employees;\n(d) to promote fairness and equality of employment opportunity in\nthe Public Sector.\n(2) To help achieve the objects, this Act:\n(a) provides principles to guide:\n(i) administration and management of the Public Sector;\nand\n\nPublic Sector Employment and Management Act 1993 2\n(ii) human resource management in the Public Sector; and\n(iii) performance and personal conduct of individuals in the\nPublic Sector; and\n(b) provides for there to be a Commissioner for Public\nEmployment to oversee the management of the Public Sector;\nand\n(c) provides for there to be a Chief Executive Officer for each\nAgency to manage, and provide strategic leadership of, the\n","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"3 Interpretation\n(1) In this Act:\nadministration management principle, see section 5B.\nAgency means a unit of government administration, office or\nstatutory corporation:\n(a) nominated in an Administrative Arrangement Order as an\nAgency for this Act; or\n(b) declared by another Act to be an Agency for this Act.\nappeal board means a board convened under section 59C for an\nappropriate minister, for an Agency, means the minister for the\ntime being administering the Agency or to whom the administration\nof the Act by which the Agency was established or continued in\nexistence is allotted by an Administrative Arrangements Order.\naward means an award, determination, decision, order or\nenterprise agreement (however described) in force under an Act, or\na law of the Commonwealth, that provides for the determination of\nconditions of employment of a person.\nbreach of discipline, see section 49.\ncasual employee means an employee employed as mentioned in\nsection 29(3)(c).\nChief Executive Officer, see section 19.\n\nPublic Sector Employment and Management Act 1993 3\nCommissioner means:\n(a) unless paragraph (b) applies – the person holding or\noccupying the office of Commissioner for Public Employment\nmentioned in section 8; or\n(b) for an employee in the Department of the Legislative\nAssembly – the Speaker.\ndesignation means a specified level or range of salaries assigned\nto an employee in an Agency on a scale described in an award or\ndetermined by the Commissioner.\ndisciplinary action means action under section 49C(1)(b) or (c).\nemployee means a person employed in the Public Sector, other\nthan the Commissioner or a Chief Executive Officer.\nemployment, for an employee, means employment in an Agency.\nEmployment Instructions means rules made under section 16.\nequality of employment opportunity principle, see section 5E.\nExecutive Contract of Employment means a contract of service:\n(a) as the Commissioner; or\n(b) as a Chief Executive Officer; or\n(c) to perform duties or a class of duties determined under\nsection 34(1)(b) as duties or a class of duties which may only\nbe performed for a fixed period;\nand which is nominated as an Executive Contract of Employment in\nthe contract document.\nfixed period employee means an employee employed as\nmentioned in section 29(3)(b), including an employee employed\nunder an Executive Contract of Employment.\nhealth practitioner means:\n(a) a medical practitioner; or\n(b) any other person registered under the Health Practitioner\nRegulation National Law to practise in a health profession\n(other than as a student).\nhuman resource management principle, see section 5C.\n\nPublic Sector Employment and Management Act 1993 4\ninability or performance grounds, see section 44(1).\nmerit principle, see section 5D.\nongoing employee means an employee employed as mentioned\nin section 29(3)(a).\nperformance and conduct principle, see section 5F.\npromotion means giving to an employee a higher attainable\nmaximum salary than the salary previously attainable by the\nPublic Sector means all the Agencies.\npublic sector principles means the principles mentioned in\nsection 5A(1).\nrelevant Chief Executive Officer, in Part 9, Division 2, means the\nChief Executive Officer who made the decision the subject of the\nremedial action means action under section 46(1)(b) or(c).\nremuneration includes salary and allowances.\nsalary includes wages, and salary or wages payable by increments\nwithin a range of salary or wages.\n(3) Subject to section 4(3), where there is an inconsistency between\nthis Act and any other law of the Territory, being a law that makes\nspecific provision for the employment of a person to perform duties\nin an Agency, to the promotion of an employee or an employee of a\nclass of employees or a matter relating to the employment of an\nemployee, the other law applies subject to this Act.\n(4) Where there is an inconsistency between this Act and an award in\nforce in the Territory or any legislation relating to superannuation\napplying to an employee, the Commissioner or a Chief Executive\nOfficer, this Act applies subject to the award or that legislation.\n(5) For the purposes of the Northern Territory (Self-Government)\nAct 1978 of the Commonwealth, the Public Sector shall be taken to\nbe the Public Service of the Territory referred to in that Act and the\nCommissioner the Public Service Commissioner of the Territory.\n\nPublic Sector Employment and Management Act 1993 5\n","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Application","content":"4 Application\n(1) This Act does not apply in relation to a person who is:\n(a) remunerated by fees, allowances or commission only; or\n(b) employed in an honorary capacity only.\n(2) A prescribed provision of this Act does not apply in relation to:\n(a) a prescribed person or a person of a prescribed class of\npersons; or\n(b) a prescribed Agency; or\n(c) a prescribed designation, or a designation of a prescribed\nclass of designations, in an Agency.\n(3) Nothing in this Act affects the functions, powers, privileges,\nimmunities or liabilities of:\n(a) the Electoral Commissioner or the holder of an office\nmentioned in Schedule 1; or\n(b) the Speaker of the Legislative Assembly (other than in his or\nher capacity as Commissioner as defined in paragraph (b) of\nthe definition of Commissioner in section 3(1));\nconferred or imposed by or under any other law in force in the\nTerritory and, where there is an inconsistency between this Act and\nthe other law, this Act applies subject to that law.\n","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Application of Criminal Code","content":"5 Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 5\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n","sortOrder":5},{"sectionNumber":"5A","sectionType":"section","heading":"Public sector principles","content":"5A Public sector principles\n(1) The general principles underlying this Act are as follows:\n(a) the administration management principle;\n\nPublic Sector Employment and Management Act 1993 6\n(b) the human resource management principle, including:\n(i) the merit principle; and\n(ii) the equality of employment opportunity principle;\n(c) the performance and conduct principle.\n(2) The public sector principles must be upheld by the following:\n(a) the Commissioner;\n(b) Agencies;\n(c) Chief Executive Officers;\n(d) employees.\n","sortOrder":6},{"sectionNumber":"5B","sectionType":"section","heading":"Administration management principle","content":"5B Administration management principle\nThe administration management principle is that the\nadministration and management of the Public Sector must be\ndirected towards the following:\n(a) providing effective, efficient and appropriate services to the\ncommunity and the government;\n(b) ensuring the effective, efficient and appropriate use of public\nresources;\n(c) informing, advising and assisting the government objectively,\nimpartially and with integrity;\n(d) ensuring that in carrying out their functions Agencies:\n(i) are responsive to the changing needs of the community\nand the government; and\n(ii) work cooperatively with each other;\n(e) ensuring the Public Sector is structured and administered so\nthat:\n(i) responsibilities are clearly defined; and\n(ii) appropriate levels of accountability are in place; and\n(iii) excessive formality and delay are minimised; and\n(iv) innovation is encouraged;\n\nPublic Sector Employment and Management Act 1993 7\n(f) ensuring proper standards of financial management and\naccounting are maintained.\n","sortOrder":7},{"sectionNumber":"5C","sectionType":"section","heading":"Human resource management principle","content":"5C Human resource management principle\n(1) The human resource management principle is that human\nresource management in the Public Sector must be directed\ntowards promoting the following:\n(a) employment based on merit;\n(b) equality of employment opportunity;\n(c) working environments in which employees:\n(i) are treated fairly, reasonably and in a non-discriminatory\nway; and\n(ii) are remunerated at rates appropriate to their\nresponsibilities; and\n(iii) have reasonable access to training and development;\nand\n(iv) have reasonable access to redress when adversely\naffected by improper or unreasonable decisions.\n(2) The human resource management principle incorporates the merit\nprinciple and the equality of employment opportunity principle.\n","sortOrder":8},{"sectionNumber":"5D","sectionType":"section","heading":"Merit principle","content":"5D Merit principle\n(1) The merit principle is that the employment of a person as an\nemployee, or the promotion or transfer of an employee, under this\nAct must be based solely on the person's suitability:\n(a) to perform the relevant duties; and\n(b) for employment in the relevant workplace; and\n(c) for employment in the Public Sector.\n(2) A person's suitability is to be determined having regard to the\nperson's:\n(a) knowledge; and\n(b) skills; and\n(c) qualifications and experience; and\n\nPublic Sector Employment and Management Act 1993 8\n(d) potential for future development.\n(3) The merit principle applies subject to sections 35(7), 38B(1), 42(2),\n46(3) and 49C(3).\n","sortOrder":9},{"sectionNumber":"5E","sectionType":"section","heading":"Equality of employment opportunity principle","content":"5E Equality of employment opportunity principle\n(1) The equality of employment opportunity principle is that human\nresource management in the Public Sector must be directed\ntowards the following:\n(a) ensuring all persons have equal opportunity to compete for\nemployment, promotion and transfer, and to pursue careers,\nwithin the Public Sector;\n(b) eliminating unlawful discrimination from human resource\nmanagement in the Public Sector;\n(c) promoting diversity among employees reflective of the\ndiversity of persons in the community.\nunlawful discrimination means discrimination that is unlawful\nunder the Anti-Discrimination Act 1992.\n","sortOrder":10},{"sectionNumber":"5F","sectionType":"section","heading":"Performance and conduct principle","content":"5F Performance and conduct principle\n(1) The performance and conduct principle is that a public sector\nofficer must do the following:\n(a) carry out the officer's duties as follows:\n(i) objectively, impartially, professionally and with integrity;\n(ii) to the best of the officer's ability;\n(iii) in accordance with the Act and any code of conduct\napplicable to the officer under section 16(2)(c);\n(b) treat other public sector officers, other persons in the\nworkplace and members of the public fairly, equitably and with\nproper courtesy and consideration;\n(c) ensure effective, efficient and appropriate use of public\nresources;\n(d) avoid actual or apparent conflicts of interest between personal\nor other interests and duties as a public sector officer;\n\nPublic Sector Employment and Management Act 1993 9\n(e) ensure the officer's personal conduct does not:\n(i) adversely affect the performance of the officer's duties\nas a public sector officer; or\n(ii) bring the Public Sector into disrepute.\npublic sector officer means the Commissioner, a Chief Executive\nOfficer or an employee.\n","sortOrder":11},{"sectionNumber":"6","sectionType":"section","heading":"Duties of Minister","content":"6 Duties of Minister\nIt is the duty of the Minister to:\n(a) advise other ministers on policies, practices and procedures\nthat should be applied to any aspect of human resource\nmanagement in the Public Sector generally or in Agencies for\nwhich they have ministerial responsibility; and\n(b) advise other ministers on structural changes that should, in\nthe opinion of the Minister, be made in order to improve the\nefficiency and effectiveness of Public Sector operations; and\n(c) cause to be carried out planning for the future management of\nthe Public Sector; and\n(d) cause to be reviewed, on the Minister's own motion or at the\nrequest of another minister, the efficiency and effectiveness of\nany aspect of Public Sector operations; and\n(e) cause to be devised programs and initiatives for management\nimprovement in the Public Sector and recommend their\nimplementation to other ministers.\n","sortOrder":12},{"sectionNumber":"7","sectionType":"section","heading":"Establishment, change of name and abolition of Agencies","content":"7 Establishment, change of name and abolition of Agencies\n(1) An Agency not otherwise established or continued in existence by\nor under an Act is established, by the name under which it is\nnominated, on the publication of the Administrative Arrangements\nOrder by which it is nominated as an Agency.\n(2) An Agency not established or continued in existence by or under an\nAct is abolished, or established by a different name nominated, on\nthe publication of the Administrative Arrangements Order or\namendment nominating the Agency by its new name or, in the case\n\nPublic Sector Employment and Management Act 1993 10\nof the abolition of an Agency, the first Administrative Arrangements\nOrder from which it is omitted or an amendment to the\nAdministrative Order omitting its name, whichever is the earliest.\n","sortOrder":13},{"sectionNumber":"8","sectionType":"section","heading":"Appointment of Commissioner","content":"8 Appointment of Commissioner\n(1) The Administrator must appoint a person to be the Commissioner\nfor Public Employment.\n(2) An appointment under subsection (1) must, as soon as practicable\nafter it is made, be notified in the Gazette.\n","sortOrder":14},{"sectionNumber":"9","sectionType":"section","heading":"Termination of appointment","content":"9 Termination of appointment\nAn appointment under section 8 continues in force until the\nExecutive Contract of Employment under which the person is\nemployed expires or is terminated by either party under the\ncontract, or the Administrator, in his or her absolute discretion, at\nany time, otherwise terminates the appointment.\n","sortOrder":15},{"sectionNumber":"10","sectionType":"section","heading":"Acting Commissioner","content":"10 Acting Commissioner\n(1) The Administrator may, in writing, appoint a person to act as the\nCommissioner during any period, or during all periods, when the\nCommissioner is absent from duty or from the Territory, or during a\nvacancy in the office.\n(2) A person appointed to act as the Commissioner during a vacancy in\nthe office must not continue so to act for more than 12 months after\nthe occurrence of the vacancy.\n(3) The Administrator may:\n(a) determine the terms and conditions (including the\nremuneration) of a person appointed to act as the\nCommissioner; and\n(b) at any time, in the Administrator's absolute discretion,\nterminate the appointment.\n(4) Where a person appointed to act as the Commissioner is otherwise\nemployed under an Executive Contract of Employment, that\ncontract is varied for the duration of the appointment under\nsubsection (1) to the extent of the determination under\nsubsection (3)(a).\n\nPublic Sector Employment and Management Act 1993 11\n(5) A person appointed to act as the Commissioner may resign office in\nwriting delivered to the Administrator.\n","sortOrder":16},{"sectionNumber":"11","sectionType":"section","heading":"Delegation by Commissioner","content":"11 Delegation by Commissioner\n(1) The Commissioner may delegate any of the Commissioner's\npowers or functions under this Act to any person.\n(2) The Commissioner must not delegate a power or function to an\nemployee in an Agency unless the Commissioner has consulted\nwith the Chief Executive Officer of the Agency.\n","sortOrder":17},{"sectionNumber":"12","sectionType":"section","heading":"Commissioner taken to be employer","content":"12 Commissioner taken to be employer\nThe Commissioner is taken to be the employer of all employees on\nbehalf of the Territory or an Agency.\n","sortOrder":18},{"sectionNumber":"13","sectionType":"section","heading":"Functions of Commissioner","content":"13 Functions of Commissioner\nThe functions of the Commissioner are as follows:\n(a) to determine the respective designations and other terms and\nconditions (including the remuneration) of employment for\nemployees;\n(b) to promote the upholding of the public sector principles;\n(c) to determine practices and procedures relating to the\nrecruitment and employment of persons as employees, the\npromotion of employees and the employment, transfer,\nsecondment, redeployment, discipline and termination of\nemployment of employees and any other matters relating to\nhuman resource management;\n(d) to consult with and advise Chief Executive Officers in relation\nto the development and application of appropriate human\nresource practices and procedures in their Agencies;\n(e) to consult with Chief Executive Officers in relation to the\napplication of public employment policies in their Agencies;\n(f) to advise the Minister on, and monitor the implementation of,\npublic employment policies;\n(g) to develop uniform systems, standards and procedures for the\ndetermination of designations and the allocation of\ndesignations to employees in their Agencies and assist Chief\nExecutive Officers in the application of those systems,\nstandards and procedures;\n\nPublic Sector Employment and Management Act 1993 12\n(h) to assist as appropriate Chief Executive Officers in evaluating\nthe performance of employees employed in their Agencies;\n(j) to coordinate training, education and development programs\nin conjunction with Chief Executive Officers;\n(k) to conduct or cause to be conducted inquiries and\ninvestigations into, and reviews of, the management practices\nof Agencies;\n(m) to consult with Chief Executive Officers on the development of\nappropriate standards and programs of occupational health\nand safety;\n(n) to assist as appropriate Chief Executive Officers in the\nperformance of their functions relating to the management of\ntheir Agencies;\n(p) such other functions as are imposed on him or her by or under\nthis or any other Act, or as directed by the Minister.\n","sortOrder":19},{"sectionNumber":"14","sectionType":"section","heading":"Powers of Commissioner","content":"14 Powers of Commissioner\n(1) The Commissioner has power to do all things necessary or\nconvenient to be done for or in connection with or incidental to the\nperformance of his or her functions and the exercising of his or her\npowers.\n(2) The Commissioner may, in writing, determine all matters permitted\nby this Act or an award to be determined by the Commissioner.\n","sortOrder":20},{"sectionNumber":"15","sectionType":"section","heading":"Commissioner's investigatory powers","content":"15 Commissioner's investigatory powers\n(1) For carrying out functions under this Act, the Commissioner may do\none or more of the following:\n(a) at a reasonable time enter and inspect premises occupied by\nan Agency (other than any part of a premises used as a\nresidence);\n(b) obtain relevant information from persons as, and in the way,\nthe Commissioner considers appropriate;\n(c) consult with persons as the Commissioner considers\n(d) make inquiries as the Commissioner considers appropriate.\n\nPublic Sector Employment and Management Act 1993 13\n(2) Without limiting subsection (1)(b), the Commissioner may require a\nperson to do one or more of the following:\n(a) appear before the Commissioner;\n(b) give information to the Commissioner, on oath or otherwise;\n(c) produce information or documents to the Commissioner;\n(d) verify information or a document by statutory declaration.\n(3) A person appearing before the Commissioner may be represented\nby a legal practitioner or agent only with the leave of the\n(4) A person must comply with a requirement under subsection (2).\nMaximum penalty: 43 penalty units.\n(5) An offence against subsection (4) is an offence of strict liability.\n(6) It is a defence to a prosecution for an offence against\nsubsection (4) if the person establishes a reasonable excuse.\n(7) Without limiting subsection (6), it is a reasonable excuse if\ncomplying with the requirement might tend to incriminate the\nperson.\n","sortOrder":21},{"sectionNumber":"15A","sectionType":"section","heading":"Referrals by ICAC","content":"15A Referrals by ICAC\n(1) If a matter is referred to the Commissioner by the ICAC under\nPart 3, Division 4 of the ICAC Act, the Commissioner may deal with\nit under this Act.\nNote for subsection (1)\nThe ICAC may give directions to the Commissioner in relation to the matter\nreferred – see section 26 of the ICAC Act.\ndeal with includes exercise a power or perform a function under\nthis Act.\nICAC Act means the Independent Commissioner Against\nCorruption Act 2017.\n\nPublic Sector Employment and Management Act 1993 14\n","sortOrder":22},{"sectionNumber":"16","sectionType":"section","heading":"Employment instructions","content":"16 Employment instructions\n(1) The Commissioner may, by Gazette notice, make rules, not\ninconsistent with this Act, to be known as Employment\nInstructions:\n(a) relating to the functions and powers of the Commissioner\nunder this Act; or\n(b) otherwise relating to the good management of the Public\nSector.\n(2) Without limiting the generality of subsection (1), the Employment\nInstructions may do one or more of the following:\n(a) require a matter affected by them to be approved by, or be to\nthe satisfaction of, a specified person or body;\n(b) confer on a specified person or body, or a person or body of a\nspecified class, a discretionary authority;\n(c) include a Code of Conduct to be observed in the Public\nSector.\n(3) Sections 57 and 63 to 63C of the Interpretation Act 1978 do not\napply in relation to Employment Instructions.\n","sortOrder":23},{"sectionNumber":"17","sectionType":"section","heading":"Employee records","content":"17 Employee records\n(1) The Commissioner must keep an employment record for each\nperson who is an employee.\n(2) An employment record:\n(a) must include the information prescribed by regulation; and\n(b) may include any other information the Commissioner\nconsiders appropriate.\n(3) Subject to the regulations, the Commissioner must keep\nemployment records in the way, and retain them for the period, the\nCommissioner considers appropriate.\n(4) An employment record is kept for the purpose of managing the\nperson's employment in the Public Sector and may be used and\ndisclosed for that purpose.\n(5) For subsection (4), a person's employment in the Public Sector\nincludes:\n(a) the employment of the person in any Agency; and\n\nPublic Sector Employment and Management Act 1993 15\n(b) any periods of employment in the Public Sector, whether\noccurring consecutively, concurrently or otherwise.\n","sortOrder":24},{"sectionNumber":"18","sectionType":"section","heading":"Reports by Commissioner","content":"18 Reports by Commissioner\n(1) Within 3 months after the end of each financial year, the\nCommissioner must report in writing to the Minister on human\nresource management in the Public Sector during that financial\nyear.\n(2) The report must contain information about the following:\n(a) the extent to which the human resource management principle\nand performance and conduct principle have been upheld in\nthe Public Sector during the financial year, including:\n(i) measures taken to ensure they are upheld; and\n(ii) any significant failures to uphold them of which the\nCommissioner is aware;\n(b) measures, if any, taken to improve human resource\nmanagement in the various Agencies;\n(c) the extent to which disciplinary, redeployment and inability\nprocedures were invoked in the Public Sector;\n(d) those matters specified in section 28(2) in so far as they relate\nto the Commissioner's Office;\n(e) any other matters prescribed by regulation.\n(3) The Commissioner may, at any time, report in writing to the Minister\non any matter relating to human resource management in the\nPublic Sector or a part of the Public Sector.\n(4) The Minister must table a copy of a report under subsection (1)\nor (3) in the Legislative Assembly within 6 sitting days after the\nMinister receives the report.\n","sortOrder":25},{"sectionNumber":"19","sectionType":"section","heading":"Agency to have Chief Executive Officer","content":"19 Agency to have Chief Executive Officer\n(1) Each Agency has a Chief Executive Officer.\n(2) Subject to subsections (3) and (4), the Chief Executive Officer of\nan Agency is the person holding or occupying the office of Chief\nExecutive Officer of the Agency under section 19A.\n\nPublic Sector Employment and Management Act 1993 16\n(3) For an Agency listed in Schedule 1, the Chief Executive Officer is\nthe person holding or occupying the office mentioned in Schedule 1\nfor the Agency.\n(4) If another Act declares the holder of a particular office to be the\nchief executive officer of an Agency for this Act, the Chief\nExecutive Officer of the Agency is the person holding or occupying\nthat office.\n(5) A person may be the Chief Executive Officer of more than one\n","sortOrder":26},{"sectionNumber":"19A","sectionType":"section","heading":"Appointment of Chief Executive Officers","content":"19A Appointment of Chief Executive Officers\n(1) The Chief Minister may appoint a person to be the Chief Executive\nOfficer of an Agency, other than an Agency mentioned in\nsection 19(3) or (4).\n(2) Notice of the appointment must be published in the Gazette as\nsoon as practicable after it is made.\n","sortOrder":27},{"sectionNumber":"20","sectionType":"section","heading":"Termination of appointment","content":"20 Termination of appointment\nAn appointment under section 19A continues in force until the\nExecutive Contract of Employment under which the person is\nemployed expires or is terminated by either party under the\ncontract, or the Chief Minister, in his or her absolute discretion, at\nany time, otherwise terminates the appointment.\n","sortOrder":28},{"sectionNumber":"21","sectionType":"section","heading":"Acting Chief Executive Officer","content":"21 Acting Chief Executive Officer\n(1A) This section applies to a Chief Executive Officer appointed under\nsection 19A.\n(1) The appropriate minister may, in writing, appoint a person to act as\nChief Executive Officer during any period, or during all periods,\nwhen the Chief Executive Officer is absent from duty or from the\nTerritory, or during a vacancy in the office.\n(2) A person appointed to act as Chief Executive Officer during a\nvacancy in the office must not continue so to act for more than\n12 months after the occurrence of the vacancy.\n(3) A person appointed under subsection (1) holds office on the terms\nand conditions (including as to remuneration) determined by the\n(3A) The appropriate minister may terminate an appointment under\nsubsection (1) at any time.\n\nPublic Sector Employment and Management Act 1993 17\n(4) Where a person appointed to act as Chief Executive Officer is\notherwise employed under an Executive Contract of Employment,\nthat contract is varied for the duration of the appointment under this\nsection to the extent of the determination under subsection (3).\n(5) A person appointed to act as Chief Executive Officer may resign\noffice in writing delivered to the appropriate minister.\n","sortOrder":29},{"sectionNumber":"22","sectionType":"section","heading":"Directions by appropriate minister","content":"22 Directions by appropriate minister\n(1) Subject to subsection (2) and anything to the contrary in an Act by\nor under which an Agency is established or continued in existence,\nthe Chief Executive Officer of the Agency is subject to the direction\nof the appropriate minister.\n(2) The Minister or appropriate minister must not give to a Chief\nExecutive Officer a direction:\n(a) relating to the employment, promotion, assignment,\nreassignment or terms and conditions of employment\n(including the remuneration) of a particular person; or\n(b) relating to the designation to apply to an employee or to the\nperformance of particular duties; or\n(c) requiring the Chief Executive Officer to commence or refrain\nfrom commencing an action under Part 7 or 8 in relation to a\nparticular employee.\n","sortOrder":30},{"sectionNumber":"23","sectionType":"section","heading":"Chief Executive Officer responsible to appropriate minister","content":"23 Chief Executive Officer responsible to appropriate minister\nThe Chief Executive Officer of an Agency is responsible to the\nappropriate minister for the performance of the Chief Executive\nOfficer's functions under this Act.\n","sortOrder":31},{"sectionNumber":"24","sectionType":"section","heading":"Functions of Chief Executive Officers","content":"24 Functions of Chief Executive Officers\n(1) The functions of the Chief Executive Officer of an Agency are to\nmanage, and provide strategic leadership of, the Agency.\n(2) The Chief Executive Officer must exercise those functions in a way\nthat:\n(a) is responsive to government policies and priorities; and\n(b) upholds the public sector principles; and\n(c) complies with all applicable:\n(i) laws (including the Employment Instructions); and\n\nPublic Sector Employment and Management Act 1993 18\n(ii) determinations and directions of the Commissioner; and\n(iii) decisions of an appeal board.\n(3) As part of performing those functions, the Chief Executive Officer is\nresponsible for the following:\n(a) directing the employees employed in the Agency;\n(b) ensuring the Agency attains any objectives set by the\nappropriate minister;\n(c) devising organisational structures and arrangements for the\n(d) assigning designations to employees in the Agency and\nvarying those designations in accordance with:\n(i) award requirements; and\n(ii) designation systems, standards and procedures\ndetermined by the Commissioner or, if no systems,\nstandards or procedures have been determined, with the\napproval of the Commissioner;\nwithin the limits of the amount that has been appropriated or is\notherwise available for the remuneration of employees in the\n(e) assigning duties to be performed by each employee in the\n(f) devising and implementing employee performance\nmanagement and development systems for the Agency;\n(g) assisting employees in the Agency to undertake relevant\ntraining, education and development programs;\n(h) devising and implementing financial and management plans\nfor the Agency and monitoring the Agency's financial and\nadministrative performance;\n(i) devising and implementing record keeping and information\nmanagement systems for the Agency;\n(j) devising and implementing programs to ensure that\nemployees have equal employment opportunities in\naccordance with the human resource management principle;\n\nPublic Sector Employment and Management Act 1993 19\n(k) ensuring the application in the Agency of appropriate\noccupational health and safety standards and programs.\n(4) A Chief Executive Officer also has any other functions conferred\nunder this or any other Act.\n","sortOrder":32},{"sectionNumber":"25","sectionType":"section","heading":"Powers of Chief Executive Officers","content":"25 Powers of Chief Executive Officers\nThe Chief Executive Officer of an Agency has such powers as are\nnecessary to enable the Chief Executive Officer to carry out his or\nher functions, or exercise his or her powers, under this or any other\nAct and, subject to this Act, including the power to enter into any\ncontract required or permitted under this Act to be entered into in\nrelation to the employment of a person as an employee in the\n","sortOrder":33},{"sectionNumber":"26","sectionType":"section","heading":"Chief Executive Officer may employ number of employees","content":"26 Chief Executive Officer may employ number of employees\nnecessary\nThe Chief Executive Officer of an Agency may divide the duties to\nbe performed by employees in the Agency between such number of\nemployees as the Chief Executive Officer considers necessary for\nthe efficient operation of the Agency, but so that the total payable\nas remuneration of the Chief Executive Officer and employees\nemployed or who could be employed in the Agency will not at any\ntime exceed the limits of the amount available for that purpose.\n","sortOrder":34},{"sectionNumber":"27","sectionType":"section","heading":"Delegation by Chief Executive Officers","content":"27 Delegation by Chief Executive Officers\n(1) The Chief Executive Officer of an Agency may, in writing, delegate\nany of the Chief Executive Officer's powers or functions under this\nAct to one or more of the following:\n(a) an employee in the Agency;\n(b) the holder of an office under an Act administered by the\n(c) the Chief Executive Officer of another Agency;\n(d) an employee in another Agency;\n(e) the holder of an office under an Act administered by another\n(f) if the Chief Executive Officer is the Commissioner of Police –\na police officer;\n(g) the Commissioner.\n\nPublic Sector Employment and Management Act 1993 20\n(2) The Chief Executive Officer cannot make a delegation under\nsubsection (1)(c), (d) or (e) without the consent of the Chief\nExecutive Officer of the other Agency.\n","sortOrder":35},{"sectionNumber":"28","sectionType":"section","heading":"Reports by Chief Executive Officers","content":"28 Reports by Chief Executive Officers\n(1) Subject to subsection (3), the Chief Executive Officer of an Agency\nmust present a report to the appropriate minister on the operations\nof the Agency during a financial year:\n(a) within 3 months after the end of the financial year; or\n(b) if the Treasurer has determined under section 10 or 11 of the\nFinancial Management Act 1995 a longer period for the\npreparation of a financial statement in respect of the Agency –\nwithin that longer period.\n(2) The report must contain information about the following:\n(a) the functions and objectives of the Agency;\n(b) the legislation administered by the Agency;\n(c) the organisation of the Agency, including the number of\nemployees of each designation in the Agency and any\nvariation in those numbers since the last report;\n(d) the Agency's operations, initiatives and achievements\n(including those relating to planning, efficiency, effectiveness\nand performance and, where appropriate, delivery of services\nto the community);\n(e) the financial planning and performance of the Agency;\n(f) the extent to which the public sector principles have been\nupheld in the Agency during the financial year, including:\n(i) measures taken to ensure they are upheld; and\n(ii) any significant failures to uphold them of which the Chief\nExecutive Officer is aware;\n(g) management training and staff development programs in the\n(h) occupational health and safety programs in the Agency.\n(3) Where the Chief Executive Officer is under some other statutory\nobligation to make an annual report, or present an audited financial\nstatement under section 10 or 11 of the Financial Management\n\nPublic Sector Employment and Management Act 1993 21\nAct 1995, to the appropriate minister, the report required by this\nsection to be presented may be incorporated with that other report\nor financial statement and, if it is so incorporated:\n(a) the period to which the report relates must be the same as for\nthat other report or financial statement; and\n(b) the report must be presented to the appropriate minister within\n6 months after the end of the period to which it relates or any\nearlier time as that other report or financial statement is\nrequired to be presented to the appropriate minister.\n(4) The appropriate minister must table a copy of the report in the\nLegislative Assembly within 6 sitting days after the minister receives\nthe report, or if it is incorporated with another report under\nsubsection (3), within any longer period allowed for the tabling of\nthe other report.\n","sortOrder":36},{"sectionNumber":"Part 5","sectionType":"part","heading":"Employment, promotion, transfer and","content":"Part 5 Employment, promotion, transfer and\nresignation\n","sortOrder":37},{"sectionNumber":"29","sectionType":"section","heading":"Chief Executive Officers to employ, promote and transfer","content":"29 Chief Executive Officers to employ, promote and transfer\n(1) Subject to this Act, the Chief Executive Officer of an Agency may\nemploy a person as an employee, or promote or transfer an\nemployee, to perform duties in the Agency.\n(2) Subject to this Act, a Chief Executive Officer must not employ a\nperson as an employee, or promote or transfer an employee,\nexcept in accordance with the merit principle and this Act.\n(3) Employment under subsection (1) may be:\n(a) ongoing – being employment until the employee resigns or the\nemployment is terminated under this Act, other than casual\nemployment; or\n(b) fixed period – being employment for a period of time specified\nin the contract of employment, other than casual employment;\nor\n(c) casual – being employment to work as and when required\nfrom time to time.\n(4) A promotion or transfer under subsection (1) may be from within the\nChief Executive Officer's Agency or from another Agency.\n(5) Nothing in this Act authorises the employment, promotion or\ntransfer of a person to perform duties in an Agency where it would\n\nPublic Sector Employment and Management Act 1993 22\nresult in expenditure of a greater amount than has been\nappropriated or is otherwise available to the Agency for the\npayment of the remuneration of the Chief Executive Officer of, and\nemployees employed in, the Agency.\n","sortOrder":38},{"sectionNumber":"30","sectionType":"section","heading":"Procedure for filling vacancies","content":"30 Procedure for filling vacancies\n(1) Where duties are to be performed for a period exceeding 6 months\nby a person employed, or by an employee promoted or transferred,\nunder section 29 to perform the duties, the Chief Executive Officer\nof the Agency in which the duties are to be performed:\n(a) must advertise for applications from persons and employees\nwho wish to be employed, promoted or transferred to perform\nthe duties; or\n(b) may, with the approval of the Commissioner, select without\nadvertising, a person or employee who satisfies the\nrequirements of section 31.\n(2) The employment, promotion or transfer of a person must be notified\nin the way the Commissioner directs, unless the Commissioner\ndirects that notification is not required.\n(3) Except as directed by the Commissioner, the Chief Executive\nOfficer need not employ, promote or transfer a person to perform\nduties as advertised under subsection (1)(a).\n(4) Where the Commissioner believes, on reasonable grounds, that the\nprocess of selection of an employee or other person under this\nsection is not being conducted in a manner likely to result in the\nselection of a person or employee in accordance with the merit\nprinciple, the Commissioner must, within 7 days after forming that\nbelief, direct the Chief Executive Officer to:\n(a) make a selection, in accordance with the merit principle, from\nthe applicants to perform the duties; or\n(b) re-advertise as provided in subsection (1)(a).\n(5) Where a Chief Executive Officer making the selection under this\nsection is satisfied that:\n(a) all employees eligible to appeal against the selection under\nsection 59B have waived their right to appeal against the\nselection or the period within which they may appeal has\nexpired and no such appeal has been lodged; or\n\nPublic Sector Employment and Management Act 1993 23\n(b) where such an appeal has been lodged:\n(i) the appeal has been heard and determined and the\nselection by the Chief Executive Officer has been\nconfirmed; or\n(ii) the appeal has been withdrawn;\nthe Chief Executive Officer must appoint the person or promote or\ntransfer, as the case may be, the employee selected to perform the\nduties.\n","sortOrder":39},{"sectionNumber":"31","sectionType":"section","heading":"Conditions for employment etc.","content":"31 Conditions for employment etc.\nA Chief Executive Officer must not employ a person or promote or\ntransfer an employee to perform duties in an Agency unless the\nperson or employee possesses such educational qualifications and\nmeets such other requirements (including as to health and physical\nfitness) as are determined by the Commissioner as being required\nfor the performance of the duties.\n","sortOrder":40},{"sectionNumber":"32","sectionType":"section","heading":"Probation for ongoing employees","content":"32 Probation for ongoing employees\n(1) Subject to this section, an ongoing employee is employed on\nprobation for 6 months commencing on the day on which the\nperson commences duty under the employment.\n(2) The Chief Executive Officer of an Agency may employ an ongoing\nemployee without probation:\n(a) where, in the opinion of the Chief Executive Officer, the\nperson merits employment without probation; or\n(b) where employment without probation is authorised by or under\nthis or any other Act.\n(3) Where an employee has been on probation for 6 months or an\nextension of that period under paragraph (c), the Chief Executive\nOfficer must:\n(a) confirm the employment, and the employee ceases to be on\nprobation; or\n(b) terminate the employment; or\n(c) extend the probation for a further period not exceeding\n6 months or, where under subsection (4) a maximum period of\nprobation has been determined in relation to the class of\nemployee to which the employee belongs, for the period the\nChief Executive Officer thinks fit, but so that the total period of\n\nPublic Sector Employment and Management Act 1993 24\nprobation does not exceed that maximum.\n(4) For subsection (3)(c), the Commissioner may determine, in relation\nto a class of employees, a maximum period for which an employee\nof that class may be employed on probation.\n(5) At any time during which an employee is employed on probation in\nan Agency, the Chief Executive Officer of the Agency may:\n(a) confirm the employment, and the employee ceases to be on\nprobation; or\n(b) terminate the employment.\n(6) The Chief Executive Officer must not take action under\nsubsection (3)(b) or (5)(b) unless the Chief Executive Officer has\ngiven the employee not less than 14 days notice of the Chief\nExecutive Officer's intention to take the action and:\n(a) the employee has waived the right to request the\nCommissioner to review the Chief Executive Officer's intention\nto take the action or the period within which the employee may\nmake the request has expired and no such request has been\nmade; or\n(b) if such a request has been made, the Commissioner has\nconfirmed the intended action or the request has been\nwithdrawn.\n(7) If, at the end of an employee's period of probation, the Chief\nExecutive Officer does not take action as mentioned in\nsubsection (3):\n(a) for an employee whose period of probation has not previously\nbeen extended – the employee's period of probation is\nextended for the maximum period for which it could have been\nextended under subsection (3)(c); or\n(b) for an employee whose period of probation has already been\nextended on one or more occasions – the employee's\nemployment is confirmed and the employee ceases to be on\nprobation.\n(8) In determining the period for which an employee has been on\nprobation, the following periods must be disregarded:\n(a) any period during which the employee is on leave without pay;\n(b) any period during which the employee is suspended (with or\nwithout remuneration);\n\nPublic Sector Employment and Management Act 1993 25\n(c) if section 38 applies to the employee – the period between his\nor her resignation and re-employment under that section;\n(d) if the employee is absent from normal duties for a total of\n6 weeks – any subsequent period of absence from normal\nduties.\n(9) For subsection (8)(d), an employee is absent from normal duties\nif the employee:\n(a) is on leave with pay; or\n(b) is temporarily transferred to perform other duties; or\n(c) is otherwise not performing the duties he or she was\nemployed to perform but is still receiving his or her normal\nremuneration and is not suspended.\n","sortOrder":41},{"sectionNumber":"33","sectionType":"section","heading":"Termination of fixed period or casual employment","content":"33 Termination of fixed period or casual employment\nSubject to any contract of employment under which the employee is\nemployed, the Chief Executive Officer of an Agency may terminate\nthe employment of a fixed period employee or casual employee in\nthe Agency at any time.\n","sortOrder":42},{"sectionNumber":"34","sectionType":"section","heading":"Fixed period employment","content":"34 Fixed period employment\n(1) The Commissioner may determine the duties or classes of duties in\nan Agency or the Public Sector generally that:\n(a) may be performed for a fixed period; or\n(b) may only be performed for a fixed period.\n(2) Duties to which a determination under subsection (1) applies (fixed\nperiod duties) may, subject to the relevant determination under\nthat subsection and to subsection (6), be performed by:\n(a) the employment of a fixed period employee; or\n(b) the promotion or transfer of an ongoing employee for a fixed\nperiod.\n(3) In making a determination under subsection (1), the Commissioner\nmust specify a period, not exceeding 5 years, as the period for\nwhich a person may be employed to perform the duties.\n(4) The Commissioner may determine the terms and conditions to\napply in relation to employment to perform fixed period duties, and\nwhere such a term or condition is inconsistent with this Act, the\n\nPublic Sector Employment and Management Act 1993 26\nterm or condition so determined prevails and the conditions of or\nunder this Act, to the extent of the inconsistency, have no effect.\n(5) A person's employment to perform fixed period duties may be\nrenewed in accordance with the terms and conditions determined\nunder subsection (4).\n(6) A Chief Executive Officer must not employ a person to perform\nfixed period duties unless the Commissioner has made a\ndetermination under subsection (4) in relation to employment to\nperform those duties.\n(7) If an ongoing employee is promoted or transferred under\nsubsection (2)(b) for a period, the employee's terms and conditions\nof employment are varied during the period to the extent of the\ndetermination under subsection (4).\n","sortOrder":43},{"sectionNumber":"34A","sectionType":"section","heading":"Casual employment","content":"34A Casual employment\n(1) The Commissioner may determine the duties or classes of duties in\nan Agency or the Public Sector generally that:\n(a) may be performed on a casual basis; or\n(b) may only be performed on a casual basis.\n(2) A person cannot be employed as a casual employee to perform\nduties other than duties to which a determination under\nsubsection (1) applies.\n(3) The Commissioner may determine the terms and conditions to\napply to casual employees, and where such a term or condition is\ninconsistent with this Act, the term or condition so determined\nprevails and the conditions of or under this Act, to the extent of the\ninconsistency, have no effect.\n(4) A Chief Executive Officer must not employ a casual employee\nunless the Commissioner has made a determination under\nsubsection (3) in relation to the duties the person is to perform.\n(5) If a casual employee is employed under a contract of employment\nfor a specified period of time, the person's contract of employment\nmay be renewed in accordance with the terms and conditions\ndetermined under subsection (3).\n","sortOrder":44},{"sectionNumber":"35","sectionType":"section","heading":"Transfers","content":"35 Transfers\n(1) The Chief Executive Officer of an Agency may transfer an\nemployee employed in the Agency to perform other duties in the\nAgency, being duties the Chief Executive Officer considers the\n\nPublic Sector Employment and Management Act 1993 27\nemployee is capable of performing and is competent and qualified\nto perform, and those duties may be required to be performed in a\ndifferent locality from the duties previously being performed by the\n(2) The Chief Executive Officer of an Agency (Agency A) may, with the\nagreement of the Chief Executive Officer of another Agency\n(Agency B), transfer an employee in Agency A to perform duties\nnormally performed or to be performed by employees of the same\ndesignation in Agency B, being duties both Chief Executive Officers\nconsider the employee is capable of performing and is competent\nand qualified to perform, and those duties may be required to be\nperformed in a different locality from the duties previously being\nperformed by the employee.\n(3) The Commissioner may transfer an employee from performing\nduties in one Agency to perform duties in another Agency, and\nthose duties may be required to be performed in a different locality\nfrom the duties previously being performed by the employee.\n(4) A transfer under this section may be ongoing or for a fixed period.\n(6) An employee transferred under this section must not refuse to\ncommence the duties which the employee is transferred to perform\nin accordance with the directions given to the employee by the\nrelevant Chief Executive Officer or the Commissioner, as the case\nmay be.\n(7) The merit principle does not apply in relation to the exercise of a\npower under this section.\n","sortOrder":45},{"sectionNumber":"36","sectionType":"section","heading":"Transfer and change to duties generally","content":"36 Transfer and change to duties generally\n(1) The duties assigned to an employee as mentioned in\nsection 24(3)(e) may be varied without the consent of the\n(2) The transfer of an employee under this Act may be made without\nthe consent of the employee.\n(3) However, a transfer of an employee that would result in a reduction\nin the employee's designation cannot be made unless the employee\nconsents to the reduction.\n(4) Subsection (3) applies subject to sections 46(3) and 49C(3).\n\nPublic Sector Employment and Management Act 1993 28\n","sortOrder":46},{"sectionNumber":"37","sectionType":"section","heading":"Resignation","content":"37 Resignation\n(1) Subject to the terms of any contract under which he or she may be\nemployed in the Public Sector, an employee may at any time, in\nwriting signed by him or her and delivered to his or her Chief\nExecutive Officer, resign from employment in the Public Sector.\n(2) The regulations may require a period of notice to be given or\nacceptance by a specified person or body of the resignation of an\nemployee included in a specified class of employees or of an\nemployee resigning in prescribed circumstances.\n(3) A resignation under this section may not be withdrawn except with\nthe approval of the Chief Executive Officer.\n","sortOrder":47},{"sectionNumber":"38","sectionType":"section","heading":"Re-employment of persons resigning to become candidates at","content":"38 Re-employment of persons resigning to become candidates at\nelections\n(1) Where the Chief Executive Officer of an Agency in which a person\nwas employed immediately before the person's resignation is\nsatisfied that:\n(a) the person:\n(i) resigned from the Public Sector in order to become a\ncandidate for election, or to take his or her seat as a\nperson elected, as a member of a House of Parliament\nof the Commonwealth or as a member of the Legislative\nAssembly; and\n(ii) was a candidate at the election for the purposes of which\nthe person resigned; and\n(iii) was not duly elected at that election; and\n(b) the resignation took effect not earlier than one month before\nthe date on which nominations for that election closed;\nthe Chief Executive Officer must, subject to this Act, on application\nby the person within 2 months after the declaration of the results of\nthe election, re-employ the person to the Public Sector, without\nprobation, at a salary equivalent, or as nearly as possible\nequivalent, to the salary that the person had immediately before the\ndate on which his or her resignation took effect.\n\nPublic Sector Employment and Management Act 1993 29\n(2) Where:\n(a) proceedings in respect of an offence against a law of the\nCommonwealth or the Territory or of a State or another\nTerritory are pending against a person who has made an\napplication under subsection (1); or\n(b) proceedings in respect of an offence against a law of a foreign\ncountry (being an offence which, if committed in the Territory,\nwould have constituted an offence against a law of the\nCommonwealth or of the Territory) are pending against a\nperson who has made such an application;\nthe person is not eligible for re-employment until the proceedings\nhave been determined and unless the person has been acquitted of\nthe offence or the Chief Executive Officer is of the opinion that the\nnature and circumstances of the offence are such that, if the\noffence had been committed by an employee, it is unlikely that the\nemployment of the employee in the Public Sector would be\nterminated.\n(3) A person must be re-employed under this section without being\nrequired to undergo any medical examination and whether or not\nthe person possesses the appropriate educational qualifications or\nmeets the appropriate requirements.\n(4) A person re-employed under this section is taken to have continued\nin the Public Sector as if he or she had been on leave without\nsalary during the period from the day of the person's resignation to\nand including the day immediately preceding the day on which the\nperson was re-employed and, subject to section 32(8), that period\nforms part of the person's service in the Public Sector for all\npurposes other than calculating recreation or sick leave\nentitlements.\n","sortOrder":48},{"sectionNumber":"38A","sectionType":"section","heading":"Multiple employment arrangements","content":"38A Multiple employment arrangements\n(1) A person may be employed in the Public Sector under 2 or more\nseparate contracts of employment at the same time.\n(2) If a person is so employed, this Act applies to the person in his or\nher capacity as an employee under each contract separately.\n","sortOrder":49},{"sectionNumber":"38B","sectionType":"section","heading":"Special measures to address inequality of opportunity","content":"38B Special measures to address inequality of opportunity\n(1) The merit principle does not prevent the implementation of special\nmeasures.\n\nPublic Sector Employment and Management Act 1993 30\n(2) The Chief Executive Officer of an Agency must not implement\nspecial measures in connection with human resource management\nin the Agency unless the measures have been approved by the\nspecial measures means a program, plan or arrangement to which\nsection 57 of the Anti-Discrimination Act 1992 applies.\nNote for section 38B\nSection 57 of the Anti-Discrimination Act 1992 allows a person in certain\ncircumstances to discriminate against another person in a way that would\notherwise be unlawful under that Act if doing so is designed to promote equality\nof opportunity for a group of people who are disadvantaged.\n","sortOrder":50},{"sectionNumber":"Div 1","sectionType":"division","heading":"Secondment","content":"Division 1 Secondment\n","sortOrder":51},{"sectionNumber":"39","sectionType":"section","heading":"Chief Executive Officers may make secondment arrangements","content":"39 Chief Executive Officers may make secondment arrangements\n(1) The Chief Executive Officer of an Agency may enter into a\nsecondment arrangement if the Chief Executive Officer considers it\nis in the public interest to do so.\n(2) A secondment arrangement may involve:\n(a) the secondment of an employee in the Agency to perform\nduties for a person outside the Public Sector; or\n(b) the secondment of a person employed by a person outside the\nPublic Sector to perform duties in the Agency.\n(3) A secondment arrangement may be for any period not exceeding\n3 years.\n","sortOrder":52},{"sectionNumber":"41","sectionType":"section","heading":"Declaration of ongoing employee to be potentially surplus to","content":"41 Declaration of ongoing employee to be potentially surplus to\nrequirements\n(1) If the Chief Executive Officer of an Agency is of the opinion that an\nongoing employee is potentially surplus to the requirements of the\nAgency, the Chief Executive Officer may, by written notice to the\nemployee, declare the employee to be potentially surplus to the\nrequirements of the Agency and state the reasons for the\ndeclaration.\n\nPublic Sector Employment and Management Act 1993 31\n(2) The Chief Executive Officer must give a copy of the notice to the\nCommissioner and any employee organisation prescribed by\nregulation for the employee.\n","sortOrder":53},{"sectionNumber":"42","sectionType":"section","heading":"Transfer of surplus employees","content":"42 Transfer of surplus employees\n(1) A Chief Executive Officer may transfer under this section an\nongoing employee declared under section 41(1) to be potentially\nsurplus, including to perform duties in a different locality from the\nduties previously being performed by the employee.\n(2) The merit principle does not apply in relation to the exercise of a\npower under this section.\n","sortOrder":54},{"sectionNumber":"43","sectionType":"section","heading":"Redeployment and redundancy","content":"43 Redeployment and redundancy\n(1) Where a Chief Executive Officer is unable under section 35 or 42 to\ntransfer an ongoing employee declared under section 41(1) to be\npotentially surplus, the Chief Executive Officer may request the\nCommissioner to exercise the Commissioner's powers under this\nsection.\n(2) Where the Commissioner receives a request under subsection (1),\nthe Commissioner may:\n(a) do either or both of the following:\n(i) direct the Chief Executive Officer to take such steps in\nrelation to the training and redeployment of the\nemployee, within such time, as the Commissioner thinks\nfit;\n(ii) give any other Chief Executive Officer directions relating\nto the transfer of the employee under section 35; or\n(b) direct the Chief Executive Officer to terminate the employment\nof the employee in the Public Sector on such conditions as the\nCommissioner thinks fit.\n","sortOrder":55},{"sectionNumber":"44","sectionType":"section","heading":"Inability or unsatisfactory performance","content":"44 Inability or unsatisfactory performance\n(1) There are inability or performance grounds for an employee if\nthe employee:\n(a) is not able to perform the duties he or she is assigned to\nperform (whether because of physical or mental illness or\ndisability or any other reason); or\n\nPublic Sector Employment and Management Act 1993 32\n(b) is not suited to perform, or capable of efficiently performing,\nthose duties; or\n(c) is not licensed, registered or otherwise qualified for the\nefficient and satisfactory performance of those duties; or\n(d) is not performing those duties efficiently or satisfactorily.\n(2) If the Chief Executive Officer of an Agency is satisfied, on\nreasonable grounds, that there are inability or performance grounds\nfor an employee in the Agency, the Chief Executive Officer may\ntake action in relation to the employee under section 46(1).\n(3) In determining whether there are inability or performance grounds\nfor an employee, the Chief Executive Officer must have regard to:\n(a) the performance and conduct principle; and\n(b) the employee's performance record under the Agency's\nemployee performance management and development\nsystem as mentioned in section 24(3)(f); and\n(c) any other matter the Chief Executive Officer considers\nrelevant.\n(4) For determining whether there are reasonable grounds as\nmentioned in subsection (2), the Chief Executive Officer may,\nsubject to the Employment Instructions, do one or more of the\nthe Chief Executive Officer considers appropriate;\n(b) consult with persons as the Chief Executive Officer considers\n(c) make inquiries as the Chief Executive Officer considers\n(d) if applicable, obtain a report from a health practitioner under\nsection 45.\n(5) The Chief Executive Officer must not take remedial action in\nrelation to an employee unless satisfied:\n(a) the action is appropriate and reasonable in the circumstances;\nand\n\nPublic Sector Employment and Management Act 1993 33\n(b) the employee:\n(6) As soon as practicable after making a decision under\nsubsection (2), the Chief Executive Officer must give written notice\n(7) If the decision is to take remedial action, the notice must:\n(b) inform the employee of the employee's right to request a\nreview under section 59 or to appeal under section 59A (as\nappropriate).\n(8) A decision to take remedial action takes effect on the day the notice\nis given to the employee or a later day specified in the notice.\n","sortOrder":56},{"sectionNumber":"45","sectionType":"section","heading":"Medical examination and report","content":"45 Medical examination and report\n(1) This section applies if the Chief Executive Officer suspects, on\nreasonable grounds, that inability or performance grounds for an\nemployee are caused or contributed to by a physical or mental\nillness or disability of the employee.\n(2) The Chief Executive Officer may engage a health practitioner,\napproved by the Commissioner, to determine whether the\nemployee has a physical or mental illness or disability that may\nadversely affect the employee's performance of the duties he or she\nis assigned to perform.\n(3) The employee must submit to examination by the health practitioner\nas directed by the Chief Executive Officer, and to any subsequent\nexaminations or tests required by the health practitioner.\n(4) The health practitioner must give a written report about the\nemployee to the Chief Executive Officer.\n(5) The report must set out the health practitioner's opinion as to the\n(a) whether the employee has a physical or mental illness or\ndisability that may adversely affect the employee's\nperformance of those duties;\n\nPublic Sector Employment and Management Act 1993 34\n(b) if so:\n(i) the likely direct or indirect effect of the illness or disability\non the employee's performance of those duties; and\n(ii) how long the illness or disability or its effects are likely to\nlast;\n(c) whether disclosure of the information in the report to the\nemployee by the Chief Executive Officer might be prejudicial\nto the employee's health or wellbeing.\n(6) Subject to subsection (7), the Chief Executive Officer must give a\ncopy of the report to the employee as soon as practicable after the\nChief Executive Officer receives it.\n(7) If the health practitioner's opinion under subsection (5)(c) is that\ndisclosure might be prejudicial to the employee's health or\nwellbeing, the Chief Executive Officer:\n(a) must not disclose the information in the report to the\nemployee; but\n(b) if asked by the employee to do so, must give a copy of the\nreport to another health practitioner nominated by the\n","sortOrder":57},{"sectionNumber":"46","sectionType":"section","heading":"Remedial action","content":"46 Remedial action\n(1) If permitted under section 44 to take action in relation to an\nemployee, the Chief Executive Officer may:\n(a) take no further action; or\n(b) do one or more of the following:\n(i) order the employee to undertake training, counselling or\nother remedial activities the Chief Executive Officer\nconsiders appropriate in the circumstances;\n(ii) reduce the employee's salary within the range applicable\nfor the employee's designation;\n(iii) under section 35:\n(A) transfer the employee to perform other duties in the\nAgency; or\n\nPublic Sector Employment and Management Act 1993 35\n(B) transfer, or request the Commissioner to transfer,\nthe employee to perform duties in another Agency;\nor\n(c) terminate the employee's employment.\n(2) The employee must comply with an order made under\nsubsection (1)(b)(i) within the period specified in the order.\n(3) The merit principle and section 36(3) do not apply in relation to a\ntransfer under subsection (1)(b)(iii).\nNote for section 46(3)\nBecause section 36(3) does not apply, a transfer may be made under\nsection 46(1)(b)(iii) that results in a reduction in the employee's designation.\n","sortOrder":58},{"sectionNumber":"47","sectionType":"section","heading":"Employee may be suspended pending decision","content":"47 Employee may be suspended pending decision\n(1) This section applies if the Chief Executive Officer of an Agency:\n(a) suspects there are inability or performance grounds for an\nemployee in the Agency; and\n(b) has not yet made a decision under section 44(2); and\n(c) is of the opinion that the suspected inability or performance\ngrounds are of such a serious nature that the employee\nshould not continue performing the duties he or she is\nassigned to perform pending the making of that decision.\n(2) The Chief Executive Officer may suspend the employee:\n(a) for a period or periods not exceeding a total of 6 months; and\n(b) with or without remuneration.\n(3) The Commissioner may:\n(a) extend the period of the suspension for any further period or\nperiods the Commissioner thinks fit; or\n(b) if the suspension imposed by the Chief Executive Officer has\nlapsed or been revoked – resuspend the employee for any\nfurther period or periods the Commissioner thinks fit.\n(4) A suspension ceases when any of the following occurs:\n(a) the period of the suspension expires;\n(b) the Chief Executive Officer makes a decision under\nsection 44(2);\n\nPublic Sector Employment and Management Act 1993 36\n(c) the Chief Executive Officer or Commissioner revokes the\nsuspension.\n(5) An employee who is suspended under this section:\n(a) does not accrue any leave for the period of the suspension;\nbut\n(b) may, during the period of the suspension, take any long\nservice or recreation leave to which the employee was entitled\nat the time the suspension was imposed.\n(6) If the Chief Executive Officer makes a decision under section 44(2)\nin relation to an employee suspended under this section:\n(a) the employee must be credited with any leave that would have\naccrued to the employee for the period of the suspension had\nthe employee not been suspended; and\n(b) if the suspension was without remuneration for any period –\nthe employee must be paid the remuneration to which the\nemployee would have been entitled for that period had the\nemployee not been suspended; and\n(c) if the employee took leave as mentioned in subsection (5)(b) –\nthe employee must be re-credited with the leave so taken.\n(7) Subsection (6) does not apply if the employee's employment is\nterminated under section 46(1)(c).\n","sortOrder":59},{"sectionNumber":"48","sectionType":"section","heading":"Retirement on the grounds of invalidity","content":"48 Retirement on the grounds of invalidity\n(1) For this section an employee is totally and permanently\nincapacitated if, because of a physical or mental condition, it is\nunlikely the employee will ever be able to work in any employment\nor hold any office for which he or she is reasonably qualified by\neducation, training or experience or could become reasonably\nqualified after retraining.\n(2) If the Chief Executive Officer of an Agency is satisfied, on\nreasonable grounds, an employee in the Agency is totally and\npermanently incapacitated the Chief Executive Officer may retire\nthe employee on the grounds of invalidity.\n(3) The Chief Executive Officer must not take action under\nsubsection (2) unless the Chief Executive Officer:\n(a) has obtained and considered a medical report under\nsection 45 or 49B; and\n\nPublic Sector Employment and Management Act 1993 37\n(b) has complied with section 50 of the Superannuation Act 1986\nif applicable; and\n(c) has considered any relevant legislation relating to\nsuperannuation; and\n(d) is satisfied the action is appropriate and reasonable in the\ncircumstances; and\n(e) is satisfied the employee:\n(4) This section does not affect the Chief Executive Officer's ability to\ntake action under section 44 in relation to the employee.\n","sortOrder":60},{"sectionNumber":"49","sectionType":"section","heading":"Breaches of discipline","content":"49 Breaches of discipline\nAn employee who does any of the following commits a breach of\ndiscipline:\n(a) fails to uphold the performance and conduct principle or\notherwise contravenes this Act;\n(b) is found guilty in a court of an offence that affects the\nemployee's employment committed before or after the\ncommencement of this Act;\n(c) disregards or disobeys a lawful order or direction given by a\nperson having authority to give such an order or direction;\n(d) uses a substance (including liquor or a drug) in a manner that\nresults in inadequate performance of the employee's duties or\nimproper conduct at the place of employment;\n(e) is negligent or careless in the performance of any of the\nemployee's duties or fails to perform the duties assigned to\nhim or her;\n(f) in the course of employment or in circumstances having a\nrelevant connection to his or her employment, conducts\nhimself or herself in an improper manner;\n\nPublic Sector Employment and Management Act 1993 38\n(g) harasses or coerces another employee;\n(h) without good cause, is absent from duty without leave;\n(j) except as authorised by his or her Chief Executive Officer,\nengages in any remunerative employment, occupation or\nbusiness outside the Public Sector;\n(k) in relation to an application of the employee for employment,\npromotion or transfer to perform duties in an Agency or at any\nstage in the selection process, provides information to the\nChief Executive Officer or the Chief Executive Officer's\nrepresentative that the employee knows, or ought reasonably\nto know, is false or misleading;\n(m) provides information in the course of his or her employment\nthat he or she knows or ought reasonably to know is false or\nmisleading;\n(n) fails to remedy previous unsatisfactory conduct or fails to\ncomply with a formal caution.\n","sortOrder":61},{"sectionNumber":"49A","sectionType":"section","heading":"Chief Executive Officer may take disciplinary action","content":"49A Chief Executive Officer may take disciplinary action\n(1) If the Chief Executive Officer of an Agency is satisfied, on\nreasonable grounds, that an employee in the Agency has\ncommitted a breach of discipline, the Chief Executive Officer may\ntake action against the employee under section 49C.\n(2) For determining whether there are reasonable grounds as\nmentioned in subsection (1), the Chief Executive Officer may,\nsubject to the Employment Instructions, do one or more of the\nthe Chief Executive Officer considers appropriate;\n(b) consult with persons as the Chief Executive Officer considers\n(c) make inquiries as the Chief Executive Officer considers\n(d) if applicable, obtain a report from a health practitioner under\nsection 49B.\n\nPublic Sector Employment and Management Act 1993 39\n(3) The Chief Executive Officer must not take disciplinary action\nagainst an employee unless satisfied:\n(a) the action is appropriate and reasonable in the circumstances;\nand\n(b) the employee:\n(4) As soon as practicable after making a decision under\nsubsection (1), the Chief Executive Officer must give written notice\n(5) If the decision is to take disciplinary action, the notice must:\n(b) inform the employee of the employee's right to request a\nreview under section 59 or to appeal under section 59A (as\nappropriate).\n(6) A decision to take disciplinary action takes effect on the day the\nnotice is given to the employee or a later day specified in the notice.\n","sortOrder":62},{"sectionNumber":"49B","sectionType":"section","heading":"Medical examination and report","content":"49B Medical examination and report\n(1) This section applies if the Chief Executive Officer suspects, on\nreasonable grounds, that a breach of discipline was caused, or\ncontributed to, by a physical or mental illness or disability of the\n(2) The Chief Executive Officer may engage a health practitioner,\napproved by the Commissioner, to determine whether the\nemployee has a physical or mental illness or disability that may\nadversely affect the employee's performance of the duties he or she\nis assigned to perform.\n(3) The employee must submit to examination by the health practitioner\nas directed by the Chief Executive Officer, and to any subsequent\nexaminations or tests required by the health practitioner.\n(4) The health practitioner must give a written report about the\nemployee to the Chief Executive Officer.\n\nPublic Sector Employment and Management Act 1993 40\n(5) The report must set out the health practitioner's opinion as to the\n(a) whether the employee has a physical or mental illness or\ndisability that may adversely affect the employee's\nperformance of those duties;\n(b) if so:\n(i) the likely direct or indirect effect of the illness or disability\non the employee's performance of those duties; and\n(ii) how long the illness or disability or its effects are likely to\nlast;\n(c) whether disclosure of the information in the report to the\nemployee by the Chief Executive Officer might be prejudicial\nto the employee's health or wellbeing.\n(6) Subject to subsection (7), the Chief Executive Officer must give a\ncopy of the report to the employee as soon as practicable after the\nChief Executive Officer receives it.\n(7) If the health practitioner's opinion under subsection (5)(c) is that\ndisclosure might be prejudicial to the employee's health or\nwellbeing, the Chief Executive Officer:\n(a) must not disclose the information in the report to the\nemployee; but\n(b) if asked by the employee to do so, must give a copy of the\nreport to another health practitioner nominated by the\n","sortOrder":63},{"sectionNumber":"49C","sectionType":"section","heading":"Disciplinary action","content":"49C Disciplinary action\n(1) If permitted under section 49A to take action against an employee,\nthe Chief Executive Officer may:\n(a) take no further action; or\n(b) do one or more of the following:\n(i) formally caution the employee;\n(ii) order the employee to undertake training, counselling or\nother remedial activities the Chief Executive Officer\nconsiders appropriate in the circumstances;\n\nPublic Sector Employment and Management Act 1993 41\n(iii) require the employee to forego a benefit or entitlement\narising from the employee's employment (other than a\nbenefit or entitlement arising under an Act or award) for\na period not exceeding one month;\n(iv) order the employee to pay a fine of an amount not\nexceeding the employee's remuneration for 10 days;\n(v) reduce the employee's salary within the range applicable\nfor the employee's designation;\n(vi) under section 35:\n(A) transfer the employee to perform other duties in the\nAgency; or\n(B) transfer, or request the Commissioner to transfer,\nthe employee to perform duties in another Agency;\n(vii) if the employee was suspended without remuneration\nunder section 49E – order all or part of that period of\nsuspension to be taken to be suspension imposed under\nthis section;\n(viii) suspend the employee without remuneration for a period\nthe Chief Executive Officer considers appropriate; or\n(c) terminate the employee's employment.\n(2) The employee must comply with an order made under\nsubsection (1)(b)(ii) or (iv) within the period specified in the order.\n(3) The merit principle and section 36(3) do not apply in relation to a\ntransfer under subsection (1)(b)(vi).\nNote for subsection (3)\nBecause section 36(3) does not apply, a transfer may be made under\nsection 49C(1)(b)(vi) that results in a reduction in the employee's designation.\n(4) An employee who is suspended under subsection (1)(b)(viii) does\nnot accrue any leave for the period of the suspension.\n","sortOrder":64},{"sectionNumber":"49D","sectionType":"section","heading":"Taking of disciplinary action if employee changes Agency","content":"49D Taking of disciplinary action if employee changes Agency\n(a) the Chief Executive Officer of an Agency (Agency A)\nsuspects that an employee committed a breach of discipline\nwhile employed in Agency A; and\n\nPublic Sector Employment and Management Act 1993 42\n(b) the Chief Executive Officer has not taken action against the\nemployee under section 49C in relation to the breach; and\n(c) the employee is now employed in another Agency\n(Agency B).\n(2) The Chief Executive Officer of Agency A:\n(a) may exercise the Chief Executive Officer's powers under\nsection 49A in relation to the breach of discipline even though\nthe employee is no longer in Agency A; but\n(b) cannot take disciplinary action against the employee.\n(3) The Chief Executive Officer of Agency A may request the Chief\nExecutive Officer of Agency B to do either or both of the following:\n(a) suspend the employee under section 49E while the suspected\nbreach of discipline is investigated;\n(b) take any disciplinary action against the employee that the\nChief Executive Officer of Agency A decides should be taken.\n(4) The Chief Executive Officer of Agency B may take any action\nrequested under subsection (3), and must do so if directed by the\n","sortOrder":65},{"sectionNumber":"49E","sectionType":"section","heading":"Employee may be suspended pending decision","content":"49E Employee may be suspended pending decision\n(1) This section applies if the Chief Executive Officer of an Agency:\n(a) suspects an employee in the Agency has committed a breach\nof discipline; and\n(b) has not yet made a decision under section 49A(1); and\n(c) is of the opinion that the suspected breach of discipline is of\nsuch a serious nature that the employee should not continue\nperforming the duties he or she is assigned to perform\npending the making of that decision.\n(2) The Chief Executive Officer may suspend the employee:\n(a) for a period or periods not exceeding a total of 6 months; and\n(b) with or without remuneration.\n(3) The Commissioner may:\n(a) extend the period of the suspension for any further period or\nperiods the Commissioner thinks fit; or\n\nPublic Sector Employment and Management Act 1993 43\n(b) if the suspension imposed by the Chief Executive Officer has\nlapsed or been revoked – resuspend the employee for any\nfurther period or periods the Commissioner thinks fit.\n(4) A suspension ceases when any of the following occurs:\n(a) the period of the suspension expires;\n(b) the Chief Executive Officer makes a decision under\nsection 49A(1);\n(c) the Chief Executive Officer or Commissioner revokes the\nsuspension.\n(5) An employee who is suspended under this section:\n(a) does not accrue any leave for the period of the suspension;\nbut\n(b) may, during the period of the suspension, take any long\nservice or recreation leave to which the employee was entitled\nat the time the suspension was imposed.\n(6) If the Chief Executive Officer makes a decision under\nsection 49A(1) in relation to an employee suspended under this\nsection:\n(a) the employee must be credited with any leave that would have\naccrued to the employee for the period of the suspension had\nthe employee not been suspended; and\n(b) if the suspension was without remuneration for any period –\nthe employee must be paid the remuneration to which the\nemployee would have been entitled for that period had the\nemployee not been suspended; and\n(c) if the employee took leave as mentioned in subsection (5)(b) –\nthe employee must be re-credited with the leave so taken.\n(7) Subsection (6) does not apply:\n(a) for any period of suspension for which an order is made under\nsection 49C(1)(b)(vii); or\n(b) if the employee's employment is terminated under\nsection 49C(1)(c).\n\nPublic Sector Employment and Management Act 1993 44\n","sortOrder":66},{"sectionNumber":"50","sectionType":"section","heading":"Summary dismissal","content":"50 Summary dismissal\n(1) Despite anything in this or any other Act or the rules known as the\nrules of natural justice (including any duty of procedural fairness),\nwhere a Chief Executive Officer is of the opinion that the action or\nomission constituting a breach of discipline amounts to misconduct\nof such a nature that it is in the public interest that the employee be\nimmediately dismissed from the Public Sector, the Chief Executive\nOfficer may terminate the employee's employment.\n(2) As soon as practicable after making a decision under\nsubsection (1), the Chief Executive Officer must give written notice\n(3) The notice must:\n(b) inform the employee of the employee's right to appeal under\nsection 59A.\n(4) A decision under subsection (1) takes effect on the day the notice is\ngiven to the employee or a later day specified in the notice.\n","sortOrder":67},{"sectionNumber":"53","sectionType":"section","heading":"Payment of fines","content":"53 Payment of fines\nA fine imposed under this Part is a debt due and payable to the\nTerritory by the person on whom it is imposed.\n","sortOrder":68},{"sectionNumber":"54","sectionType":"section","heading":"Abandonment of employment","content":"54 Abandonment of employment\n(1) The Chief Executive Officer of an Agency may terminate the\nemployment of an employee in the Agency if the employee is\nabsent from duty without permission for at least 10 consecutive\nworking days.\n(2) The Chief Executive Officer must not take action under\nsubsection (1) unless satisfied that:\n(a) the employee:\nthe action should not be taken; or\n(b) all reasonable steps have been taken to give notice as\nmentioned in paragraph (a) but without success.\n\nPublic Sector Employment and Management Act 1993 45\nworking day, for an employee, means a day on which the\nemployee is, in accordance with his or her conditions of\nemployment, required to be at work.\n","sortOrder":69},{"sectionNumber":"59","sectionType":"section","heading":"Review of grievances","content":"59 Review of grievances\n(1) An employee may:\n(a) where he or she is aggrieved by the intention of the\nemployee's Chief Executive Officer to terminate the\nemployee's employment on probation – within 14 days; or\n(aa) if aggrieved by a decision of the employee's Chief Executive\nOfficer:\n(i) under section 44 to take remedial action of a kind\nmentioned in section 46(1)(b)(i); or\n(ii) under section 49A to take disciplinary action of a kind\nmentioned in section 49C(1)(b)(i) to (iv);\nwithin 14 days after notice of the decision is given to the\n(b) in any other case where the employee is aggrieved by his or\nher treatment in employment in the Public Sector – within\n3 months after the action or decision by which he or she is\naggrieved;\nrequest the Commissioner to review the action, intended action or\ndecision complained of.\n(2) Subject to subsections (3) and (5A), the Commissioner must:\n(a) in a case referred to in subsection (1)(a) or (aa) – within\n14 days; and\n(b) in any other case – within 3 months;\nafter a request under subsection (1) is received, or such longer\nperiod as, in the Commissioner's opinion, the circumstances\nrequire, review the matter.\n\nPublic Sector Employment and Management Act 1993 46\n(3) Where the Commissioner believes that an employee making a\nrequest under subsection (1) has not taken adequate steps to seek\nredress of the grievance within the relevant Agency, the\nCommissioner may refer the matter to the Chief Executive Officer of\nthe Agency for consideration within the time specified by the\nCommissioner and the Commissioner need not review the matter\nunder this section until that time has expired.\n(4) Subject to this Act, the Commissioner has the powers necessary\nand convenient to deal with a request under this section, including\nthe same powers and obligations in relation to a review as an\nappeal board has under section 59F in relation to an appeal.\n(5) After reviewing a matter under this section the Commissioner may:\n(a) confirm the action, intended action or decision; or\n(b) direct the Chief Executive Officer of the Agency concerned to\ntake or refrain from taking, as the case requires, a specified\naction.\n(5A) The Commissioner may decline to review an action, intended action\nor decision if satisfied:\n(a) the request for review is frivolous, vexatious or not made in\ngood faith; or\n(b) alternative proceedings:\n(i) have been commenced by, or on behalf of, the\nemployee; and\n(ii) have neither:\n(A) been withdrawn; nor\n(B) failed for want of jurisdiction.\n(6) In this section, for the purpose of allowing a review under this\nsection of treatment resulting in the termination of the employment\nin, or resignation from, the Public Sector of a former employee,\nemployee includes a former employee.\n(7) In this section:\nalternative proceedings means proceedings under another Act or\na law of the Commonwealth or of a State or another Territory, for a\nreview of the action, intended action or decision.\n\nPublic Sector Employment and Management Act 1993 47\n","sortOrder":70},{"sectionNumber":"59A","sectionType":"section","heading":"Appeals about inability, performance and disciplinary","content":"59A Appeals about inability, performance and disciplinary\ndecisions\n(1) Each of the following is an appealable decision:\n(a) a decision by a Chief Executive Officer under section 44(2) to\ntake remedial action of a kind mentioned in section 46(1)(b)(ii)\nor (iii) or (c);\n(b) a decision by a Chief Executive Officer under section 49A(1)\nto take disciplinary action of a kind mentioned in\nsection 49C(1)(b)(v) to (viii) or (c);\n(c) a decision by a Chief Executive Officer under section 50 to\nterminate an employee's employment.\n(2) A person about whom an appealable decision is made may appeal\nagainst the decision.\n(3) Notice of an appeal under this section must be given to the\nCommissioner within 14 days after written notice of the decision is\ngiven to the person.\n(4) The making of an appeal under this section does not affect the\noperation or implementation of the decision the subject of the\n","sortOrder":71},{"sectionNumber":"59B","sectionType":"section","heading":"Appeals about promotions","content":"59B Appeals about promotions\n(a) under section 30 a Chief Executive Officer selects an\nemployee (employee A) to perform duties; and\n(b) the selection is a promotion for employee A; and\n(c) notification of the promotion is required under section 30(2);\nand\n(d) either:\n(i) another employee (employee B) also applied to be\npromoted to perform those duties; or\n(ii) if a vacancy was advertised under section 30(1)(a), the\nCommissioner grants an employee who did not apply for\nselection (employee B) leave to appeal.\n\nPublic Sector Employment and Management Act 1993 48\n(2) Employee B may appeal against the Chief Executive Officer's\ndecision to promote employee A rather than employee B.\n(3) Notice of an appeal under this section must be given to the\nCommissioner within 14 days after the decision to promote\nemployee A is notified under section 30(2).\n","sortOrder":72},{"sectionNumber":"59C","sectionType":"section","heading":"Commissioner to convene appeal board","content":"59C Commissioner to convene appeal board\n(1) The Commissioner must convene an appeal board for an appeal.\n(2) An appeal board must consist of 3 members as follows:\n(a) a person selected by the Commissioner;\n(b) a person selected by the relevant Chief Executive Officer;\n(c) a person selected by the employee organisation prescribed by\nregulation.\n(3) Selections for subsection (2)(b) and (c) must be made in the way\nprescribed by regulation.\n(4) If the relevant Chief Executive Officer or employee organisation\ndoes not select an appeal board member in the way prescribed, the\nCommissioner must select a person instead.\n(5) The person mentioned in subsection (2)(a) is the chairperson of the\nboard.\n(6) A member of an appeal board holds office on the terms and\nconditions determined by the Commissioner.\n","sortOrder":73},{"sectionNumber":"59D","sectionType":"section","heading":"Appeal board may decline to deal with certain appeals","content":"59D Appeal board may decline to deal with certain appeals\n(1) An appeal board may decline to deal with, or to continue dealing\nwith, an appeal if satisfied:\n(a) the appeal is frivolous, vexatious or not made in good faith; or\n(b) alternative proceedings:\n(i) have been commenced by, or on behalf of, the\nappellant; and\n(ii) have neither:\n(A) been withdrawn; nor\n(B) failed for want of jurisdiction.\n\nPublic Sector Employment and Management Act 1993 49\nalternative proceedings means proceedings under another Act or\na law of the Commonwealth or of a State or another Territory, for a\nreview of the decision the subject of the appeal.\n","sortOrder":74},{"sectionNumber":"59E","sectionType":"section","heading":"Determination of appeal","content":"59E Determination of appeal\n(1) An appeal board:\n(a) must conduct the appeal as a new hearing of the decision the\nsubject of the appeal; and\n(b) is not limited to consideration of the information that was\navailable to the Chief Executive Officer who made the\ndecision.\n(2) The appeal board may:\n(a) affirm the decision; or\n(b) vary the decision; or\n(c) set aside the decision; or\n(d) set aside the decision and return the matter to the relevant\nChief Executive Officer for reconsideration; or\n(e) set aside the decision and replace it with the appeal board's\ndecision.\n(3) An appeal board returning a matter under subsection (2)(d) may\ngive to the Chief Executive Officer any directions the board thinks fit\nas to how the matter is to be dealt with.\n(4) An appeal board's decision under subsection (2)(e) must be one\nthat could have been made by the relevant Chief Executive Officer\nwhen he or she made the original decision.\n(5) The appeal board must give written notice of its decision and the\nreasons for it to the appellant and the relevant Chief Executive\nOfficer.\n","sortOrder":75},{"sectionNumber":"59F","sectionType":"section","heading":"Conduct of appeal","content":"59F Conduct of appeal\n(1) Subject to this section, an appeal board may conduct an appeal in\nthe way the appeal board considers appropriate.\n\nPublic Sector Employment and Management Act 1993 50\n(2) The appeal board must conduct the appeal:\n(a) as expeditiously as is reasonably practicable; and\n(b) with as little formality and technicality as is reasonably\npracticable; and\n(c) in private, unless all parties agree otherwise; and\n(d) in accordance with the regulations.\n(3) In conducting the appeal, the appeal board:\n(a) is not bound by the rules of evidence but must comply with\nnatural justice; and\n(b) is not required to hold a hearing.\n(4) Without limiting subsection (1), the appeal board may do one or\nmore of the following:\nthe appeal board considers appropriate;\n(b) consult with persons as the appeal board considers\n(c) make inquiries as the appeal board considers appropriate.\n(5) Without limiting subsection (4)(a), the appeal board may require a\nperson to do one or more of the following:\n(a) appear before the appeal board;\n(b) give information to the appeal board, on oath or otherwise;\n(c) produce information or documents to the appeal board;\n(d) verify information or a document by statutory declaration.\n(6) A person appearing before the appeal board may be represented\nby a legal practitioner or agent only with the leave of the appeal\nboard.\n(7) A person must comply with a requirement under subsection (5).\nMaximum penalty: 43 penalty units.\n(8) An offence against subsection (7) is an offence of strict liability.\n\nPublic Sector Employment and Management Act 1993 51\n(9) It is a defence to a prosecution for an offence against\nsubsection (7) if the person establishes a reasonable excuse.\n(10) Without limiting subsection (9), it is a reasonable excuse if\ncomplying with the requirement might tend to incriminate the\nperson.\n","sortOrder":76},{"sectionNumber":"59G","sectionType":"section","heading":"Protection from liability","content":"59G Protection from liability\n(1) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith in the exercise of a power or\nperformance of a function as a member of an appeal board.\n(2) In addition, the person is not civilly or criminally liable for an act\ndone or omitted to be done by the appeal board in the exercise of a\npower or performance of a function under this Act.\n(3) Subsections (1) and (2) do not affect any liability the Territory\nwould, apart from those subsections, have for the act or omission.\n(4) In this section:\nexercise, of a power, includes the purported exercise of the power.\nperformance, of a function, includes the purported performance of\nthe function.\n","sortOrder":77},{"sectionNumber":"60","sectionType":"section","heading":"By-laws","content":"60 By-laws\n(1) The Commissioner may make by-laws under this Act.\n(2) The by-laws may deal with one or more of the following:\n(c) leave;\n(d) entitlement to and payment of allowances;\n(e) recruitment and transfer expenses;\n(f) conditions applying to employees transferred to the Public\nService or a statutory corporation under the Acts repealed by\nsection 66;\n(g) conditions applying to employees in remote localities;\n(h) leave and other fares;\n(j) other terms and conditions of employment.\n\nPublic Sector Employment and Management Act 1993 52\n","sortOrder":78},{"sectionNumber":"61","sectionType":"section","heading":"Work outside employment","content":"61 Work outside employment\n(1) An employee must not engage in paid employment outside his or\nher duties as an employee except with the approval of his or her\nChief Executive Officer.\n(2) A Chief Executive Officer must not give approval unless satisfied\nthe paid employment will not interfere with the performance by the\nemployee of his or her duties.\npaid employment means employment, work or service for which\npayment is made by way of pay, salary, honorarium, commission,\nfee, allowance or other reward.\n","sortOrder":79},{"sectionNumber":"62","sectionType":"section","heading":"Work on public holidays","content":"62 Work on public holidays\nA Chief Executive Officer may require the whole or part of his or her\nAgency to be kept open for the whole or part of a day observed in\nthe Territory as a holiday under the Public Holidays Act 1981 and\nmay require the attendance and services of an employee in the\nAgency on that day.\n","sortOrder":80},{"sectionNumber":"63","sectionType":"section","heading":"Performance of duties of statutory office holder in absence","content":"63 Performance of duties of statutory office holder in absence\n(1) In this section:\nstatutory office holder means an employee on whom a function is\nimposed or power conferred by another Act by virtue of the\nemployee holding an office under the other Act and to which office\nhe or she was appointed by virtue of being an employee.\n(2) Where a statutory office holder is or is expected to be absent or\nunable to perform a function or exercise a power of his or her office,\nthe Chief Executive Officer of the statutory office holder may, in\nwriting, direct an employee employed in his or her Agency to\nperform the function or exercise the power during the absence or\ninability of the statutory office holder and, subject to that other Act,\non being so directed, the employee may do so in the same manner\nand to the same extent as the statutory office holder.\n(3) The validity of an act done by an employee under this section\ncannot be questioned in any proceedings on a ground arising from\nthe fact that the occasion for so acting had not arisen or had\nceased.\n\nPublic Sector Employment and Management Act 1993 53\n","sortOrder":81},{"sectionNumber":"64","sectionType":"section","heading":"Public Sector Consultative Council","content":"64 Public Sector Consultative Council\n(1) The regulations may make provision for the establishment of a\nPublic Sector Consultative Council (the Council).\n(2) The Council must be representative of:\n(a) the Commissioner; and\n(b) Agencies; and\n(c) organisations (as defined in the Fair Work (Registered\nOrganisations) Act 2009 (Cth)) representing employees.\n(3) The regulations may:\n(a) provide for matters of general interest in relation to the Public\nSector to be referred to the Council; and\n(b) deal with the membership, functions, powers and procedures\nof the Council.\n","sortOrder":82},{"sectionNumber":"64A","sectionType":"section","heading":"Protection from liability – employee reports","content":"64A Protection from liability – employee reports\n(1) No civil or criminal proceedings lie against a person:\n(a) who conducts an investigation under the Act for the\nCommissioner or a Chief Executive Officer; or\n(b) who is an employee or former employee;\nin relation to a report prepared in good faith by the person for this\nAct or in the course of his or her employment about:\n(c) the work that has been, is being or is to be performed by an\n(d) the work that was performed by a former employee; or\n(e) the conduct of an employee or former employee.\n(2) In subsection (1):\nemployee includes the Commissioner and a Chief Executive\nOfficer.\nformer employee includes a former Commissioner and a former\nChief Executive Officer.\n\nPublic Sector Employment and Management Act 1993 54\n","sortOrder":83},{"sectionNumber":"65","sectionType":"section","heading":"Regulations","content":"65 Regulations\n(1) The Administrator may make regulations under this Act.\n(2) The regulations may prescribe a fine for an offence not exceeding\n43 penalty units.\n","sortOrder":84},{"sectionNumber":"66","sectionType":"section","heading":"Repeal","content":"66 Repeal\nThe Acts specified in Schedule 2 are repealed.\n","sortOrder":85},{"sectionNumber":"Part 11","sectionType":"part","heading":"Transitional matters for Public Sector","content":"Part 11 Transitional matters for Public Sector\nEmployment and Management Amendment\nAct 2011\n","sortOrder":86},{"sectionNumber":"67","sectionType":"section","heading":"Definitions","content":"67 Definitions\nIn this Part:\n","sortOrder":87},{"sectionNumber":"2011","sectionType":"section","heading":"Act means the Public Sector Employment and Management","content":"2011 Act means the Public Sector Employment and Management\nAmendment Act 2011.\ncommencement means the commencement of the 2011 Act.\ncontinues means continues on and after commencement.\ncurrent means in force immediately before commencement.\nnew, for a provision of this Act, means the provision as amended\nby the 2011 Act.\nold, for a provision of this Act, means the provision as in force\nimmediately before the commencement.\n","sortOrder":88},{"sectionNumber":"68","sectionType":"section","heading":"Commissioner's investigatory powers","content":"68 Commissioner's investigatory powers\n(1) A current summons under old section 15(1)(b) continues as a\nrequirement under new section 15(2)(a) or (b) according to its\nterms.\n(2) A current requirement under old section 15(1)(d) continues as a\nrequirement under new section 15(2)(c).\n","sortOrder":89},{"sectionNumber":"69","sectionType":"section","heading":"Chief Executive Officers","content":"69 Chief Executive Officers\nA person appointed as the Chief Executive Officer of an Agency\nunder old section 19 and holding that office immediately before\ncommencement, continues to hold that office as if he or she had\nbeen appointed under new section 19A.\n\nPublic Sector Employment and Management Act 1993 55\n","sortOrder":90},{"sectionNumber":"70","sectionType":"section","heading":"Acting Chief Executive Officers","content":"70 Acting Chief Executive Officers\nA current determination under old section 21(3)(a) for a Chief\nExecutive Officer continues as a determination under new\nsection 21(3) for that Chief Executive Officer.\n","sortOrder":91},{"sectionNumber":"71","sectionType":"section","heading":"Delegations","content":"71 Delegations\nA current delegation under old section 27 continues as a delegation\nunder new section 27.\n","sortOrder":92},{"sectionNumber":"72","sectionType":"section","heading":"Categorisation of employment","content":"72 Categorisation of employment\n(1) The change in the categorisation of employment from permanent\nand temporary under old section 29(3) to ongoing, fixed period and\ncasual under new section 29(3) does not affect:\n(a) the employment of any person; or\n(b) the terms and conditions of employment for any employee; or\n(c) the rights or entitlements of any employee.\n(2) A person who was employed on a permanent basis under old\nsection 29(3)(a) immediately before commencement, continues as\nan ongoing employee under new section 29(3)(a).\n(3) A person who was employed on a temporary basis under old\nsection 29(3)(b) immediately before commencement, continues:\n(a) if the employed was on a casual basis – as a casual employee\nunder new section 29(3)(c); or\n(b) otherwise – as a fixed period employee under new\nsection 29(3)(b).\n(4) A reference in any document to:\n(a) a person employed on a permanent basis under old\nsection 29(3)(a) – is taken to be a reference to an ongoing\n(b) a person employed on a temporary basis under old\nsection 29(3)(b) – is taken to be:\n(i) for a person employed on a casual basis – a reference\nto a casual employee; or\n(ii) otherwise – a reference to a fixed period employee.\n\nPublic Sector Employment and Management Act 1993 56\n","sortOrder":93},{"sectionNumber":"73","sectionType":"section","heading":"Determinations under old section 34","content":"73 Determinations under old section 34\nA current determination under old section 34 continues:\n(a) if it relates to duties to be performed on a casual basis – as a\ndetermination under new section 34A; or\n(b) otherwise – as a determination under new section 34.\n","sortOrder":94},{"sectionNumber":"74","sectionType":"section","heading":"Secondment","content":"74 Secondment\nA current arrangement under old Part 6, Division 1 continues as a\nsecondment arrangement under new section 39.\n","sortOrder":95},{"sectionNumber":"75","sectionType":"section","heading":"Inability or performance matters","content":"75 Inability or performance matters\n(a) notice was given to an employee under old section 44 before\ncommencement; and\n(b) as at commencement the Chief Executive Officer had done\nneither of the following:\n(i) taken action under old section 46 or 48;\n(ii) decided not to take action under that section.\n(2) This section also applies if:\n(a) a Chief Executive Officer gave a direction to an employee\nunder old section 48 before commencement; and\n(b) as at commencement the Chief Executive Officer had not\ntaken action under old section 48(4) or (5).\n(3) Old Part 7 continues to apply in relation to the employee as if the\n2011 Act had not commenced, subject to subsections (4) and (5).\n(4) If the employee is suspended under old section 47, new\nsection 47(3) and (5)(b) apply as if the employee were suspended\nunder new section 47.\n(5) The Chief Executive Officer may, under old section 46 take action\nof the kind described in new section 46(1)(b)(i) as well as, or\ninstead of, action of the kind described in old section 46(1)(a)\nand (b).\n\nPublic Sector Employment and Management Act 1993 57\n(6) The continued application of old Part 7 under subsection (3) ceases\nwhen the Chief Executive Officer:\n(a) takes action under old section 46 or 48; or\n(b) decides not to take action under either of those sections.\n(7) A decision of the Chief Executive Officer under old Part 7 as\napplied by subsection (3) is subject to review or appeal under new\n","sortOrder":96},{"sectionNumber":"Part 9","sectionType":"part","heading":"as if it were a decision under new section 44.","content":"Part 9 as if it were a decision under new section 44.\n","sortOrder":97},{"sectionNumber":"76","sectionType":"section","heading":"Retirement on the grounds of invalidity","content":"76 Retirement on the grounds of invalidity\nA reference in new section 48(3)(a) to a medical report, includes a\nreference to the results of an examination under old section 45, 48\nor 51.\n","sortOrder":98},{"sectionNumber":"77","sectionType":"section","heading":"Discipline","content":"77 Discipline\n(a) an investigation about an employee was initiated under old\nsection 51(1) before commencement; and\n(b) as at commencement the Chief Executive Officer had not\nmade a decision under old section 51(10).\n(2) Old Part 8 continues to apply in relation to the employee as if the\n2011 Act had not commenced, subject to subsections (3), (4)\nand (5).\n(3) If the employee is suspended under old section 51(6), new\nsection 49E(3) and (5)(b) apply as if the employee were suspended\nunder new section 49E.\n(4) The Chief Executive Officer may, under old section 51(1) take\naction of the kind described in new section 49C(1)(b)(ii) as well as,\nor instead of, action of the kind described in old section 51(10)(a).\n(5) The continued application of old Part 8 under subsection (2) ceases\nwhen the Chief Executive Officer makes a decision under old\nsection 51(10)).\n(6) A decision of the Chief Executive Officer under old Part 8 as\napplied by subsection (2) is subject to review or appeal under new\nPart 9 as if it were a decision under new section 49A.\n\nPublic Sector Employment and Management Act 1993 58\n","sortOrder":99},{"sectionNumber":"78","sectionType":"section","heading":"Appeals","content":"78 Appeals\n(1) Subsection (2) applies if:\n(a) an appeal was lodged under old section 55 or 57 before\ncommencement; and\n(b) as at commencement the appeal had not been withdrawn or\ndetermined.\n(2) The appeal must be heard and determined in accordance with old\nPart 9 as if the 2011 Act had not commenced.\n(3) Subsection (4) applies if:\n(a) a person had, before commencement, a right under old\nsection 55 to appeal against a promotion; but\n(b) as at commencement the person had not exercised or waived\nthat right.\n(4) The person may appeal under new section 59B against the\npromotion decision as if it were a decision to which that section\napplies.\n(5) Subsection (6) applies if:\n(a) a person had, before commencement, a right under old\nsection 57 to appeal against a decision under old\nsection 46(1), 50 or 51(10)(a); but\n(b) as at commencement the person had not exercised or waived\nthat right.\n(6) The person may request a review under new section 59(1)(aa) or\nappeal under new section 59B, as appropriate, as if the decision\nwere a decision under new section 44, 49A or 50 as the case may\nbe.\n","sortOrder":100},{"sectionNumber":"79","sectionType":"section","heading":"By-laws","content":"79 By-laws\nAll current by-laws under old section 60 continue as by-laws under\nnew section 60.\n","sortOrder":101},{"sectionNumber":"80","sectionType":"section","heading":"Regulations","content":"80 Regulations\nAll current regulations under old section 65 continue as regulations\nunder new section 65.\n\n","sortOrder":102},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Chief Executive Officers of particular Agencies","content":"Schedule 1 Chief Executive Officers of particular Agencies\nPublic Sector Employment and Management Act 1993 59\nSchedule 1 Chief Executive Officers of particular Agencies\nsection 19(3)\nAgency Office the holder of which is the\nChief Executive Officer\nPolice Civil Employment Unit Commissioner of Police\nOmbudsman's Office Ombudsman\nAuditor-General's Office Auditor-General\nOffice of the Independent\nCommissioner Against Corruption\nIndependent Commissioner Against\nCorruption\nNorthern Territory Fire and\nEmergency Services\nCommissioner of Fire and Emergency\nServices\n\nPublic Sector Employment and Management Act 1993 60\nsection 66\nPublic Service Ordinance 1976 No. 62, 1976\nPublic Service Ordinance (No. 2) 1976 No. 63, 1976\nPublic Service Ordinance 1977 No. 11, 1977\nPublic Service Ordinance (No. 2) 1977 No. 37, 1977\nPublic Service Ordinance (No. 3) 1977 No. 42, 1977\nPublic Service Ordinance (No. 4) 1977 No. 55, 1977\nPublic Service Ordinance 1978 No. 32, 1978\nPublic Service Act (No. 2) 1978 No. 15, 1979\nPublic Service Act 1979 No. 97, 1979\nPublic Service Act (No. 2) 1979 No. 102, 1979\nPublic Service Act 1980 No. 47, 1980\nPublic Service Amendment Act 1980 No. 15, 1981\nPublic Service Amendment Act 1982 No. 35, 1982\nPublic Service Amendment Act 1983 No. 41, 1983\nPublic Service and Statutory Authorities Amendment\nAct 1985\nNo. 28, 1985\nPublic Service Amendment Act 1985 No. 43, 1985\nPublic Service Amendment Act 1987 No. 23, 1987\nPublic Employment (Modification of Terms and Conditions\nof Employment) Act 1987\nNo. 32, 1987\nPublic Service Amendment Act 1991 No. 14, 1991\nTeaching Service Act 1981 No. 41, 1981\nTeaching Service Amendment Act 1981 No. 82, 1981\nTeaching Service Amendment Act 1982 No. 29, 1982\n\nPublic Sector Employment and Management Act 1993 61\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nPublic Sector Employment and Management Act 1993 (Act No. 11, 1993)\nAssent date 19 April 1993\nCommenced 1 July 1993 (Gaz S53, 29 June 1993)\nStatute Law Revision Act (No. 2) 1993 (Act No. 70, 1993)\nAssent date 9 November 1993\nCommenced 9 November 1993\nPublic Sector Employment and Management Amendment Act 1993 (Act No. 79, 1993)\nAssent date 1 December 1993\nCommenced 1 December 1993\nFinancial Management (Consequential Amendments) Act 1995 (Act No. 5, 1995)\nAssent date 21 March 1995\nCommenced 1 April 1995 (s 2, s 2 Financial Management 1995 (Act No. 4,\n1995) and Gaz S13, 31 March 1995)\nStatute Law Revision Act 1995 (Act No. 14, 1995)\nAssent date 23 June 1995\nCommenced 23 June 1995\nSentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996)\nAssent date 19 April 1996\nCommenced 1 July 1996 (s 2, s 2 Sentencing Act 1995 (Act No. 39, 1995)\nand Gaz S15, 13 June 1996)\nStatute Law Revision Act 1998 (Act No. 11, 1998)\nAssent date 30 March 1998\nCommenced 30 March 1998\nPublic Sector Employment and Management Amendment Act 1998 (Act No. 64, 1998)\nAssent date 22 September 1998\nCommenced 7 October 1998 (Gaz G39, 7 October 1998, p 4)\n\nPublic Sector Employment and Management Act 1993 62\nLegal Aid Amendment Act 1998 (Act No. 78, 1998)\nAssent date 21 October 1998\nCommenced 1 January 1999 (Gaz G45, 18 November 1998, p 4)\nPublic Sector Employment and Management Amendment Act 2001 (Act No. 68, 2001)\nAssent date 21 December 2001\nCommenced 21 December 2001\nStatute Law Revision Act (No. 2) 2002 (Act No. 59, 2002)\nAssent date 7 November 2002\nCommenced 7 November 2002\nPublic Sector Employment and Management Amendment Act 2003 (Act No. 50, 2003)\nAssent date 18 September 2003\nCommenced 18 September 2003\nElectoral (Consequential Amendments) Act 2004 (Act No. 12, 2004)\nAssent date 1 March 2004\nCommenced 15 March 2004 (s 2, s 2 Electoral Act 2004 (Act No. 11, 2004)\nand Gaz S6, 15 March 2004)\nStatute Law Revision Act (No. 2) 2004 (Act No. 54, 2004)\nAssent date 15 September 2004\nCommenced 27 October 2004 (Gaz G43, 27 October 2004, p 3)\nStatute Law Revision Act 2005 (Act No. 44, 2005)\nAssent date 14 December 2005\nCommenced 14 December 2005\nLegal Profession (Consequential Amendments) Act 2007 (Act No. 7, 2007)\nAssent date 17 May 2007\nCommenced s 10: 1 July 2007; rem: 17 May 2007 (s 2 and Gaz G26,\n27 June 2007, p 3)\nHealth Practitioner (National Uniform Legislation) Implementation Act 2010 (Act No. 18,\n2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (s 2)\nOaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,\n2010)\nAssent date 18 November 2010\nCommenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations\nAct 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011,\np 4)\nPublic Sector Employment and Management Amendment Act 2011 (Act No. 29, 2011)\nAssent date 31 August 2011\nCommenced 1 January 2012 (Gaz S73, 20 December 2011, p 2)\nHealth Practitioner (National Uniform Legislation) Implementation Act 2012 (Act No. 17,\n2012)\nAssent date 22 May 2012\nCommenced 1 July 2012 (s 2)\n\nPublic Sector Employment and Management Act 1993 63\nIndependent Commissioner Against Corruption Act 2017 (Act No. 23, 2017)\nAssent date 8 December 2017\nCommenced 30 November 2018 (Gaz S94, 30 November 2018)\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\nInterpretation Amendment Act 2021 (Act No. 28, 2021)\nAssent date 15 December 2021\nCommenced 1 January 2022 (s 2)\nFire and Emergency Legislation Amendment Act 2024 (Act No. 5, 2024)\nAssent date 14 March 2024\nCommenced 16 July 2024 (Gaz S67, 15 July 2024)\nStatute Law Revision and Repeals Act 2026 (Act No. 3, 2026)\nAssent date 9 February 2026\nCommenced 10 February 2026 (s 2)\n3 GAZETTE NOTICES\nGaz S87, 1 November 1993\n4 SAVINGS AND TRANSITIONAL PROVISIONS\nss 23 to 27 Public Sector Employment and Management Amendment\nAct 1998 (Act No. 64, 1998)\ns 5 Public Sector Employment and Management Amendment Act 2003 (Act\nNo. 50, 2003)\n5 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 5E, 15A, 16, 28, 38B, 48\nand 62.\n6 LIST OF AMENDMENTS\ns 2A ins No. 29, 2011, s 4\ns 3 amd No. 5, 1995, s 7; No. 11, 1998, s 7; No. 64, 1998, s 4; No. 44, 2005,\ns 22; No. 18, 2010, s 89; No. 29, 2011, s 5; No. 17, 2012, s 55\ns 4 amd No. 59, 2002, s 5; No. 12, 2004, s 5; No. 29, 2011, s 43\ns 5 rep No. 5, 1995, s 8\nins No. 29, 2011, s 6\npt 1A hdg ins No. 29, 2011, s 7\nss 5A – 5F ins No. 29, 2011, s 7\ns 6 amd No. 29, 2011, s 43\ns 7 sub No. 5, 1995, s 9\namd No. 14, 1995, s 12; No. 29, 2011, s 43; No. 26, 2020, s 3\ns 8 amd No. 29, 2011, s 43\ns 10 amd No. 29, 2011, s 43\ns 11 sub No. 29, 2011, s 8\ns 12 amd No. 29, 2011, s 43\n\nPublic Sector Employment and Management Act 1993 64\ns 13 amd No. 29, 2011, s 9\ns 14 amd No. 29, 2011, s 43\ns 15 amd No. 40, 2010, s 118\nsub No. 29, 2011, s 10\ns 15A ins No. 29, 2011, s 10\nsub No. 23, 2017, s 176\ns 16 amd No. 64, 1998, s 5; No. 29, 2011, s 43; No. 28, 2021, s 20\ns 17 sub No. 29, 2011, s 11\ns 18 amd No. 29, 2011, s 12\ns 19 sub No. 29, 2011, s 13\ns 19A ins No. 29, 2011, s 13\ns 20 amd No. 29, 2011, s 14\ns 21 amd No. 29, 2011, s 15\ns 22 amd No. 29, 2011, s 43\nss 23 – 24 sub No. 29, 2011, s 16\nss 25 – 26 amd No. 29, 2011, s 43\ns 27 amd No. 79, 1993, s 3; No. 64, 1998, s 6; No. 68, 2001, s 2\nsub No. 29, 2011, s 17\ns 28 amd No. 5, 1995, s 10; No. 64, 1998, s 7; No. 29, 2011, s 18\npt 5 hdg amd No. 44, 2005, s 35; No. 29, 2011, s 43\ns 29 amd No. 64, 1998, s 8; No. 29, 2011, s 19\ns 30 amd No. 64, 1998, s 9; No. 29, 2011, s 20\ns 31 amd No. 29, 2011, s 43\ns 32 amd No. 29, 2011, s 21\ns 33 amd No. 29, 2011, s 22\ns 34 amd No. 64, 1998, s 10; No. 29, 2011, s 23\ns 34A ins No. 29, 2011, s 24\ns 35 amd No. 29, 2011, s 43\ns 36 amd No. 64, 1998, s 11\nrep No. 50, 2003, s 3\nins No. 29, 2011, s 25\ns 37 amd No. 29, 2011, s 43\ns 38 amd No. 50, 2003, s 4; No. 29, 2011, s 26\nss 38A – 38B ins No. 29, 2011, s 27\ns 39 sub No. 29, 2011, s 28\ns 40 amd No. 54, 2004, s 7\nrep No. 29, 2011, s 28\ns 41 sub No. 29, 2011, s 29\ns 42 amd No. 79, 1993, s 4; No. 29, 2011, s 43\ns 43 amd No. 29, 2011, s 43\npt 7 hdg sub No. 29, 2011, s 30\ns 44 sub No. 29, 2011, s 30\ns 45 amd No. 64, 1998, s 12\ns 46 amd No. 70, 1993, s 8\ns 47 amd No. 64, 1998, s 13; No. 54, 2004, s 7\ns 48 sub No. 29, 2011, s 30\ns 49 amd No. 17, 1996, s 6; No. 64, 1998, s 14; No. 29, 2011, s 43\nss 49A – 49E ins No. 29, 2011, s 31\ns 50 amd No. 29, 2011, s 32\ns 51 amd No. 64, 1998, s 15\nrep No. 29, 2011, s 33\ns 52 amd No. 70, 1993, s 8; No. 64, 1998, s 16\nrep No. 29, 2011, s 33\ns 54 sub No. 29, 2011, s 34\npt 9 hdg sub No. 29, 2011, s 35\n\nPublic Sector Employment and Management Act 1993 65\npt 9\ndiv 1 hdg ins No. 29, 2011, s 35\ns 55 amd No. 79, 1993, s 5; No. 64, 1998, s 17\ns 56 amd No. 64, 1998, s 18\ns 57 amd No. 64, 1998, s 19; No. 7, 2007, s 16\ns 58 amd No. 64, 1998, s 20; No. 7, 2007, s 16; No. 40, 2010, s 118\ns 59 amd No. 64, 1998, s 21; No. 29, 2011, s 37\npt 9\ndiv 2 hdg ins No. 29, 2011, s 38\nss 59A – 59G ins No. 29, 2011, s 38\ns 60 amd No. 70, 1993, s 8; No. 29, 2011, s 43\ns 61 amd No. 29, 2011, s 43\ns 63 amd No. 29, 2011, s 43\ns 64 amd No. 11, 1998, s 7; No. 54, 2004, s 7; No. 29, 2011, s 39\ns 64A ins No. 64, 1998, s 22\namd No. 29, 2011, s 40\ns 65 amd No. 29, 2011, s 41\npt 11 hdg ins No. 29, 2011, s 42\nss 67 – 80 ins No. 29, 2011, s 42\nsch 1 amd Gaz S87\nsub No. 5, 1995, s 11\namd No. 78, 1998, s 13; No. 68, 2001, s 3; No. 29, 2011, s 43; No. 23, 2017,\ns 177; No. 26, 2020, s 3; No. 5, 2024, s 31; No. 3, 2026, s 64","sortOrder":103}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":881},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The 2011 amendments significantly expanded scope. Originally focused on traditional public service employment, the Act now explicitly covers: (1) human resource management principles as binding obligations; (2) ICAC referrals and corruption-related employment actions; (3) casual employment as a distinct category; (4) special measures for equality of opportunity; (5) multiple employment arrangements; and (6) detailed procedural fairness requirements for discipline and performance management. The Act also absorbed functions from repealed teaching service legislation."},"complexity_factors":["Multiple employment categories (ongoing, fixed period, casual) with different rules for each","Extensive cross-referencing between Parts — e.g., disciplinary actions in Part 8 link to appeal procedures in Part 9, which reference merit principle exceptions in Part 1A","Nested exceptions: merit principle doesn't apply to certain transfers (ss 35(7), 46(3), 49C(3)), but these are subject to other conditions","Detailed procedural requirements for disciplinary and performance actions with multiple stages (suspension → investigation → decision → notice → appeal)","Transitional provisions in Part 11 preserving old law for matters already in progress, creating parallel systems","Interaction with other statutes: Anti-Discrimination Act 1992, ICAC Act 2017, Superannuation Act 1986, Financial Management Act 1995","Defined terms with conditional meanings (e.g., 'Commissioner' means Speaker for Legislative Assembly employees)"],"plain_english_summary":"**What this law does:**\n\nThis is the Northern Territory's main law governing how the public service works — who gets hired, how they're managed, what happens if they misbehave or underperform, and how they can challenge unfair decisions.\n\n**Who it affects:**\n- **Public sector employees** — anyone working for a Northern Territory government agency (except fee-only or honorary workers)\n- **Chief Executive Officers (CEOs)** — the bosses of each government agency\n- **The Commissioner for Public Employment** — the overall head of the public service, appointed by the Administrator\n- **Ministers** — who give directions to CEOs but can't interfere in individual employment decisions\n\n**Key things the law covers:**\n\n**Employment types:**\n- **Ongoing** — permanent jobs\n- **Fixed period** — contracts up to 5 years\n- **Casual** — as-needed work\n\n**Hiring and promotion:**\n- Must be based on **merit** (skills, qualifications, experience, potential)\n- Must advertise vacancies over 6 months unless the Commissioner approves otherwise\n- **Equal opportunity** is required — discrimination is banned, and special measures can be approved to help disadvantaged groups\n\n**Performance and discipline:**\n- CEOs can take action against employees who can't do their job or behave badly\n- Actions range from warnings and training to fines, transfers, suspension, or firing\n- **Summary dismissal** is possible for serious misconduct\n- Employees can be suspended (with or without pay) while decisions are made\n\n**Appeals and reviews:**\n- Employees can **request a review** from the Commissioner for many grievances\n- **Formal appeals** go to a 3-person appeal board (chosen by the Commissioner, the CEO, and employee unions)\n- Appeals can challenge serious disciplinary decisions, performance actions, and promotion decisions\n\n**Special protections:**\n- Employees who report wrongdoing are protected from legal liability\n- People who resign to run for election can be re-employed if they lose\n- Medical reports can be kept confidential if disclosure would harm the employee's health\n\n**Why it matters:**\nThis law tries to balance **fairness for workers** (clear rules, appeal rights, anti-discrimination) with **flexibility for managers** (ability to remove poor performers, restructure agencies). It also keeps the public service **politically neutral** — ministers can set policy direction but can't meddle in individual hiring or firing."},"summary":{"name":"Public Sector Employment and Management Act 1993","slug":"public-sector-employment-and-management-act-1993","title_id":"public-sector-employment-and-management-act-1993","version_id":30535,"analysis_type":"summary","content_quality":"high","complexity_score":3,"scope_assessment":{"changed":false,"description":"Whole-document analysis of all Parts as at 10 February 2026."},"complexity_factors":["Multiple overlapping review pathways (internal grievance, Commissioner review, formal appeal board)","ICAC referral provisions adding external oversight","Interaction with awards, enterprise agreements and anti-discrimination law","Complex probation and performance management procedures with specific notice requirements"],"plain_english_summary":"The Public Sector Employment and Management Act 1993 (NT) is the foundational Northern Territory legislation governing employment in the NT public sector. It establishes the framework for appointment, management, discipline and appeal rights for all employees in NT Government Agencies.\n\nPart 1A sets out the principles underpinning public sector employment: the administration management principle (efficient, effective and appropriate administration), the human resource management principle, the merit principle (merit as the primary basis for employment and promotion), the equality of employment opportunity principle (eliminating unlawful discrimination), and the performance and conduct principle (requiring officers to act objectively, impartially and professionally).\n\nPart 3 establishes the Commissioner for Public Employment, who is the central administrative officer with functions including policy development, employment instructions, employee record-keeping, investigation of complaints and liaising with the Independent Commission Against Corruption (ICAC). Part 4 deals with Chief Executive Officers of agencies, their appointment, functions and powers.\n\nPart 5 governs employment matters: appointment, probation, promotion, transfer and resignation. Part 6 deals with secondment and redeployment/redundancy. Part 7 addresses employee performance and inability to perform duties. Part 8 sets out the disciplinary regime for public sector employees. Part 9 establishes a two-tier review process: a grievance review by the Commissioner and formal appeals to an appeal board. Appeals may be made against inability determinations, disciplinary decisions and related matters.\n\nThe Act is the primary employment law for NT public servants and operates alongside the Anti-Discrimination Act 1992 (NT) and applicable awards and enterprise agreements."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act as in force incorporates substantive changes from the original 1993 enactment. Key scope changes include: the insertion of explicit public sector principles and objects (s2A; ss5A–5F) that guide administration and human resource management; recategorisation of employment types to ongoing, fixed period and casual and related transitional arrangements (s29(3); transitional s72); the introduction or expansion of formal appeal and review mechanisms (ss59–59G; transitional ss78–80); new powers to give Employment Instructions and to coordinate with the Independent Commissioner Against Corruption (ss16, 15A); and specific provisions governing fixed period and casual determinations where Commissioner-made terms may prevail over some Act provisions (ss34–34A). These amendments and transitional clauses (Part 11) materially altered procedural and substantive coverage compared with the original text."},"complexity_factors":["Breadth of subject matter: covers recruitment, classification, performance, discipline, redeployment, secondment, appeals, reporting and inter-agency arrangements (multiple Parts).","Multiple decision-makers with overlapping powers: Commissioner, Chief Executive Officers, appropriate ministers, the Administrator (ss8, 19A, 22, 24).","Extensive discretion and delegation: Commissioner and CEOs may delegate and make determinations and Employment Instructions (ss11, 16, 27).","Detailed procedural pathways and statutory time limits for reviews and appeals (ss59, 59A–59F).","Cross-references to other laws and instruments, including awards, the ICAC Act and Interpretation Act carve-outs (s3(4), s15A, s16(3)).","Transitional and amendment history embedded in the text, changing categories and procedures (Part 11 and numerous amendment notes).","Penalties and strict liability requirements for compliance with investigatory or appeal board directions (s15(4)–(6), s59F(7)–(8), s65(2)).","Medical and confidentiality rules that create sensitive evidentiary and privacy considerations (ss45(5)–(7), 49B(5)–(7))."],"plain_english_summary":"## What this law does, in plain terms\n\nThis Act sets the rules for hiring, managing, moving, disciplining and dismissing people who work in the Northern Territory Public Sector, and for the organisations that run it. It creates two central roles: the Commissioner for Public Employment (who acts as the Territory’s employer on behalf of agencies) and a Chief Executive Officer (CEO) for each Agency (s8, s12, s19, s19A). It also sets general principles that must guide public sector administration and human resource management (ss2A, 5A–5F).\n\nMechanically, the Act:\n- Defines categories of employment (ongoing, fixed period, casual) and how people are appointed, promoted, transferred or dismissed (s29, s30, s32–s34A).  \n- Gives the Commissioner powers to determine designations, employment practices, and to issue Employment Instructions (ss13(a), 16). Employment Instructions are rules published by Gazette notice and may include a Code of Conduct (s16(1), (2)).\n- Gives CEOs responsibility to manage their Agency, assign duties and designations, implement performance systems, and direct employees (ss24(1)–(3), 25). CEOs may delegate many powers (s27).\n- Sets processes for dealing with poor performance, incapacity and discipline, including medical examinations, remedial action, suspension, summary dismissal in serious cases, and termination (ss44–50, 45, 46, 47, 49, 50).\n- Provides a two-tiered internal review and appeal system: employees can ask the Commissioner for a review of grievances (s59) and can appeal defined decisions to an appeal board (ss59A–59G, 59C–59F). Appeal boards are typically three-member bodies drawn from the Commissioner, the relevant CEO and a prescribed employee organisation (s59C).\n- Requires record keeping and reporting (ss17, 18, 28), and allows investigations and compelled cooperation with the Commissioner (s15) and, where referred, coordination with the Independent Commissioner Against Corruption (s15A).\n- Regulates secondments, redeployment and redundancy, special measures to address inequality of opportunity, limits on outside paid work, and other miscellaneous employment rules (ss39, 41–43, 38B, 61).\n\nWho is affected\n- Employees and applicants for Public Sector jobs (s3 definitions; s29).  \n- Chief Executive Officers and Agency management (ss19–27).  \n- The Commissioner, who has central administrative and supervisory functions (ss8, 11, 13, 14).  \n- Ministers and the Administrator in formal roles over appointments and directions (ss6, 8, 19A, 21, 22).\n\nWho pays and who decides\n- The Territory pays employees; the Commissioner is taken to be the employer for legal purposes (s12). Agency remuneration and staffing decisions are constrained by the money appropriated or otherwise available to the Agency (s26, s29(5)).\n- The Commissioner decides designations, makes determinations about classes of fixed or casual duties, issues Employment Instructions, and can investigate and direct CEOs (ss13(a), 14, 15, 16, 34, 34A, 43).  \n- CEOs make day-to-day employment decisions (recruitment, performance management, discipline, transfers) within the Act and within Commissioner determinations (ss24, 29, 30, 46, 49C).  \n- The Administrator and Ministers appoint and may direct (but with explicit limits on directions about particular staffing decisions) (ss8, 19A, 22).\n\nWhy it matters (claimed purpose and practical effects)\n- The Act explicitly aims to create an apolitical, efficient Public Sector and to promote fairness and equal opportunity (s2A). Those aims are implemented by concrete mechanisms: merit-based appointments (s5D), procedural steps for selection and appeals (ss30, 59–59F), and equality measures (s5E, s38B).\n- The Act centralises significant administrative discretion (Commissioner and CEOs) to set standards and manage staffing across Agencies (ss11, 13, 16, 24, 27). That concentrates decision-making authority in officials who decide classification systems, Employment Instructions, and whether to take disciplinary or remedial action (ss13(a), 16(2), 49A).\n\nCosts, incentives and trade-offs (mechanisms, not policy labels)\n- Implementation and compliance burden: Agencies and the Commissioner must keep employment records (s17), publish reports (ss18, 28) and follow Employment Instructions that can impose procedural and substantive requirements (s16). Appeal and review processes impose timeframes on decision-makers (s59(2), s59A(3)).\n- Administrative discretion vs. uniformity: the Commissioner may make determinations that override aspects of the Act for fixed or casual duties (s34(4), s34A(3)), and may delegate powers (s11). That creates scope for uniform systems but also for variation by determination.\n- Budget constraint: remuneration and number of employees are limited by appropriations or amounts available to the Agency (s26, s29(5)). This links staffing choices to agency budgets and creates an incentive for managers to prioritise within funding limits.\n- Employee constraints on private choice: employees need CEO approval to undertake paid work outside their duties (s61) and may face restrictions on secondment and multiple employments (ss39, 38A).\n- Enforcement and legal risk: the Commissioner and appeal boards can require information and attendance under penalty (s15(2), s59F(5)–(8)), including strict liability offences with fines up to 43 penalty units (s15(4); s59F(7); s65(2)).\n\nImplementation risk and concentrated decision-making\n- Because Employment Instructions are made by Gazette notice and are expressly carved out from certain Interpretation Act protections (s16(3)), the practical content of employment rules can shift by administrative instrument rather than primary legislation (s16).  \n- CEOs can transfer employees and vary duties without consent in many circumstances (ss35, 36), and the merit principle is explicitly excluded for some transfers and for redeployment (ss35(7), 42(2), 46(3), 49C(3)). These are sources of significant managerial discretion affecting individual employees.\n\nWhat behaviour changes\n- Agencies must adopt and run merit-based recruitment and internal performance systems (ss5D, 24(3)(f), 30).  \n- Employees face obligations on conduct, outside employment and cooperation with investigations and medical examinations (ss5F, 61, 15(2), 45, 49B).  \n- CEOs and the Commissioner will use transfers, redeployment, fixed period work, or disciplinary measures as tools to manage workforce capacity and performance (ss34, 41–43, 46, 49C).\n\nConcrete risks and concentrated effects (mechanisms only)\n- Appointment and termination of Commissioners and CEOs are by Executive Contract and can be ended at the appointing authority's discretion (ss8–10, 19A, 20), concentrating influence over senior roles.  \n- Appeal and review mechanisms give employees specific pathways for redress (ss59–59F), but timing rules (14 days, 3 months) and the option for appeal boards to decline frivolous or duplicate matters (s59D) shape how accessible those remedies are.\n\nPrimary sections to consult quickly: objects and principles (ss2A, 5A–5F); roles and powers of Commissioner (ss8, 11–16); CEO functions and delegations (ss19A, 24–27); employment categories and recruitment rules (ss29–34A); performance, medical and disciplinary rules (ss44–50, 45, 49C); grievance review and appeals (ss59–59G); record-keeping and reporting (ss17–18, 28)."}},"importantCases":[],"_links":{"self":"/api/acts/public-sector-employment-and-management-act-1993","history":"/api/acts/public-sector-employment-and-management-act-1993/history","analysis":"/api/acts/public-sector-employment-and-management-act-1993/analysis","conflicts":"/api/acts/public-sector-employment-and-management-act-1993/conflicts","importantCases":"/api/acts/public-sector-employment-and-management-act-1993/important-cases","documents":"/api/acts/public-sector-employment-and-management-act-1993/documents"}}