{"id":"a-1994-37","name":"Public Sector Management Act","slug":"public-sector-management-act","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"37 of 1994","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":22941,"registerId":"act-a-1994-37-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"26","sectionType":"section","heading":"November 2025. It also includes any commencement, amendment, repeal or expiry affecting","content":"26 November 2025. It also includes any commencement, amendment, repeal or expiry affecting\nthis republished law to 26 November 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\ncontents 1\nPage\n1 Name of Act 2\n2 Dictionary 2\n2A Notes 2\n4 Offences against Act—application of Criminal Code etc 3\n5 Objects of Act 3\n6 Meaning of public service job—div 2.1 4\n7 Meaning of public sector values 4\n8 Meaning of public sector principles 5\n9 Public sector conduct 5\n\nPage\ncontents 2 Public Sector Management Act 1994\n12 ACT Public Service 8\n13 Administrative units 8\n14 Ministerial responsibility and functions of administrative units 9\n15 Machinery of government changes—officers 9\n16 Machinery of government changes—employees 11\n17 Head of service functions 12\n18 Delegation by head of service 13\n19 Directors-general functions 14\n20 Delegation by director-general 16\n21 Exercise of certain director-general functions by head of Access\nCanberra 16\n22 Executive functions 18\n23 Establishment of offices 18\n24 Officers 19\n25 Employees 19\n26 Management strategies for the service 20\n27 Application of the merit and equity principle 21\n28 Establishment of joint council 22\n29 Notification of certain employment matters 23\n30 Definitions—pt 4 24\n31 Engagement of SES member 24\n32 Record about SES member 25\n33 Change to SES member’s SETs 25\n34 Circumstances when SETs must be changed 26\n35 Circumstances when SETs may be changed 26\n36 SETs changed by change in administrative arrangements 27\n37 Suspension of SES member 27\n\nPage\ncontents 3\n38 End of SES member’s engagement 27\n39 SES member may resign 28\n40 End of engagement by resignation—abandonment of engagement by\nSES member 28\n41 Loss of eligibility 29\n42 Invalidity retirement 29\nDivision 5.1 Preliminary\n63 Definitions—pt 5 31\n65 Reclassification of office 31\n65A Reclassification of office—returning LAMS officer 32\n66 Part-time office 33\n68 Appointment to vacant office 34\n69 Record about officers 35\n70 Appointment on probation 35\n71 Appointment on probation—prescribed training office 37\n71A Appointment on probation—teachers 38\n71B Extension of period of probation 39\n71C Appointment without probation 41\n83 Promotion to vacant office 41\n84 Promotion appeal 42\n85 Promotion appeal by excess officer 42\n86 Review of certain promotion decisions 43\n87 Promotion on advice of joint selection committee 44\n88 How promotions take effect 45\n89 Death of officer before appeal or review decided 46\n90 Cancellation of promotion 46\n92 Transfer to vacant office 47\n93 Simultaneous transfer within administrative unit 47\n\nPage\ncontents 4 Public Sector Management Act 1994\n94 Transfer between administrative units 48\n96B Transfer on advice of joint selection committee 48\n96C How transfer takes effect 49\n96D Cancellation of transfer 49\n100 Temporary transfer 49\n101 Notification of certain temporary transfers to higher office 50\n102 Appeal against temporary transfer to higher office 51\n103 Lapsing or discontinuing of appeal 51\n104 Temporary transfer if appeal successful 52\n105 Promotion or transfer after passing examination 53\n106 Training offices 53\n107 Promotion or transfer to training office 55\n108 Movement within administrative unit 55\n109 Movement between administrative units 56\n110 Fixed term temporary employment 57\n111 Casual temporary employment 59\n112 Work performed after end of temporary employment 59\n113 Record about employees 59\n114 Becoming unattached officer 60\n115 Becoming unattached officer on medical grounds 61\n116 Appointment as unattached officer 61\n117 Reappointment as unattached officer 61\n118 Secondment to the service 62\n119 Secondment of public servant to another employer 63\nPart 6 Redeployment, underperformance and end of\nemployment of officers\n120 Definitions—pt 6 64\n121 Retirement 64\n122 Redeployment 64\n\nPage\ncontents 5\n123 Reduction in classification or retirement 65\n124 Limitation on retirement on ground of invalidity 67\n124A End of employment if visa no longer held 68\n125 Underperformance 68\n126 End of employment for misconduct 69\n127 Forfeiture of office 69\nDivision 7.1 Preliminary\n128 Definitions—pt 7 71\n129 Limitation on re-engagement of SES member 72\n130 Re-engagement of SES member after abandonment of employment 73\n131 Re-engagement of SES member if unsuccessful election candidate 73\n132 Re-engagement of SES member after quashing etc of conviction 74\n133 Reappointment of former excess officer 75\n134 No engagement or employment of certain former excess officers in\ncertain circumstances 75\n135 Reappointment of officer after forfeiture of office 76\n136 Reappointment of officer if unsuccessful election candidate 77\n137 Reappointment of officer after quashing etc of conviction 77\n138 No reappointment of former officer in certain circumstances 78\n139 Re-employment of employee if unsuccessful election candidate 79\n140 Re-employment of employee after quashing etc of conviction 80\n141 Re-employment after maternity leave 81\n142 Appointment of commissioner 82\n143 Arrangements for commissioner from another jurisdiction to exercise\nfunctions 82\n143A Independence of commissioner 83\n144 Functions of commissioner 83\n\nPage\ncontents 6 Public Sector Management Act 1994\n145 Leave of absence for commissioner 84\n146 Suspension and removal of commissioner 84\n147 Ending commissioner’s appointment without suspension 85\n148 Arrangements for staff and facilities 86\n149 Delegation by commissioner 86\n149A Independence of public employees exercising commissioner functions 87\n150 Meaning of public sector member etc 87\n151 Public sector standards for public sector member etc 88\n152 Certain office-holders have management powers 89\n153 Application of whole-of-government strategies 91\n154 Alleged misconduct by statutory office-holder etc 91\n155 Alleged mismanagement of public sector employer’s staff etc 92\n156 Prescribed public sector member 93\n223 Definitions—pt 9 94\n224 Reviewable decision—notice and review 94\n225 Appellable decision—notice and appeal 94\n241 Payment on leaving the service 95\n242 Authorisation to share protected information 95\n242A Authorisation to share certain personal information with relevant union 96\n243 Protection of people in relation to work reports on officers or\nemployees 98\n244 Work outside the service 98\n245 Additional payment 99\n246 Repaying overpayment 99\n247 Impersonation etc at examinations 100\n249 Imprisonment 101\n250 Attachment of salary of officers and employees 102\n250A Deduction of monetary penalty 102\n251 Management standards 102\n252 Regulation-making power 104\n\nPage\ncontents 7\nSchedule 1 Reviewable decisions 105\nSchedule 2 Appellable decisions 106\nDictionary 107\n1 About the endnotes 116\n2 Abbreviation key 116\n3 Legislation history 117\n4 Amendment history 126\n5 Earlier republications 170\n6 Expired transitional or validating provisions 174\n\nAn Act to regulate the administration of the public sector of the Territory, and\nfor related purposes\n\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Public Sector Management Act 1994.\n","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Dictionary","content":"2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘appellable decision, for\npart 9 (Review and appeal)—see section 223.’ means that the term\n‘appellable decision’ is defined in that section for part 9.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":2},{"sectionNumber":"2A","sectionType":"section","heading":"Notes","content":"2A Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act s 127 (1), (4) and (5) for the legal status of notes.\n\nPreliminary Part 1\n","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"4 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Objects of Act","content":"5 Objects of Act\nThe main objects of this Act are to—\n(a) establish and maintain an apolitical public sector with clear\nvalues, clear standards of conduct and a best practice focus; and\n(b) establish and maintain a public service that assists the Executive\nto meet the needs of the community and serves the community\non behalf of the Executive; and\n(c) promote and uphold the public sector values, standards of\nconduct and best practice focus.\n\n","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Administration of the public","content":"Part 2 Administration of the public\nservice\nNote This division sets out values, principles and conduct requirements that\napply to a public servant. This division also applies to a public sector\nmember (see s 151).\n","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Meaning of public service job—div 2.1","content":"6 Meaning of public service job—div 2.1\nIn this division:\njob, of a public servant, means the functions the public servant is\nrequired to exercise because of the public servant’s employment in\nthe service.\n","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Meaning of public sector values","content":"7 Meaning of public sector values\n(1) The public sector values are—\n(a) respect; and\n(b) integrity; and\n(c) collaboration; and\n(d) innovation.\n(2) The public sector values must be—\n(a) demonstrated by a public servant when acting in connection\nwith the public servant’s job; and\n(b) applied in a way that is appropriate to the public servant’s job;\nand\n(c) used to inform and evaluate the operation of the service.\n\nPublic sector standards Division 2.1\n","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Meaning of public sector principles","content":"8 Meaning of public sector principles\n(1) The public sector principles are—\n(a) the best practice principle; and\n(b) the merit and equity principle.\n(2) A public servant must do the public servant’s job in accordance with\nthe best practice principle.\n(3) The head of service must exercise a function under this Act in\naccordance with the merit and equity principle.\nbest practice principle—a public servant does the public servant’s job\nin accordance with the best practice principle if the public servant—\n(a) works efficiently, effectively and constructively; and\n(b) is responsive, collaborative and accountable; and\n(c) makes fair and reasonable decisions.\nmerit and equity principle—the head of service exercises a function\nunder this Act in accordance with the merit and equity principle if\nthe head of service—\n(a) is an equitable employer; and\n(b) employs a person in a job who is best able to do the job in all the\ncircumstances.\n","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Public sector conduct","content":"9 Public sector conduct\n(1) A public servant must—\n(a) take all reasonable steps to avoid a conflict of interest; and\n(b) declare or manage a conflict of interest that cannot reasonably\nbe avoided; and\n\n(c) when acting in connection with the public servant’s job—\n(i) comply with laws applying in the Territory; and\n(ii) comply with any lawful and reasonable direction given by\na person with the authority to give the direction; and\n(iii) if dealing with a member of the public—make all\nreasonable efforts to help the person to understand the\nperson’s entitlements, and any requirement the person is\nobliged to meet, under a territory law; and\n(iv) treat all people with courtesy and sensitivity to their rights\nand aspirations; and\n(d) do the public servant’s job with reasonable care and diligence,\nimpartiality and honesty.\n(2) A public servant must not—\n(a) behave in a way that—\n(i) is inconsistent with the public sector values; or\n(ii) undermines the integrity and reputation of the service; or\n(b) take improper advantage of the public servant’s job or\ninformation gained through the public servant’s job; or\n(c) improperly use a Territory resource, including information,\naccessed through the public servant’s job; or\n(d) without lawful authority—\n(i) disclose confidential information gained through the public\nservant’s job; or\nNote The Crimes Act 1900, s 153 (1) makes it an offence for a\npublic servant to disclose information that it is the public\nservant’s duty not to disclose.\n(ii) make a comment that reasonably appears to be an official\ncomment; or\n\nPublic sector standards Division 2.1\n(e) when acting in connection with the public servant’s job—bully,\nharass or intimidate anyone; or\n(f) when doing the public servant’s job—apply improper influence,\nfavouritism or patronage.\n(3) For a misconduct procedure, failing to act in a way that is consistent\nwith subsection (1) or (2) may be misconduct.\nNote A misconduct procedure means a procedure set out in an industrial\ninstrument or prescribed by regulation (see dict, def misconduct\nprocedure).\n(4) A public servant (a discloser) must tell the following person about\nany maladministration or corrupt or fraudulent conduct by a public\nservant or a public sector member of which the discloser becomes\naware:\n(a) the head of service;\n(b) if the alleged maladministration or corrupt or fraudulent conduct\nis by the head of service—\n(i) the director-general of the administrative unit in which the\npublic servant is employed; or\n(ii) if the head of service is the director-general of the\nadministrative unit in which the public servant is\nemployed—another director-general.\n(5) This section does not—\n(a) affect the operation of any other Act; or\n(b) create or affect any other legal right.\n\n","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"ACT Public Service","content":"12 ACT Public Service\n(1) The ACT Public Service is established.\nNote Establish includes constitute and continue in existence (see\nLegislation Act, dict, pt 1).\n(2) The ACT Public Service is made up of the administrative units\nestablished under section 13.\n(3) The members of the ACT Public Service are—\n(a) the following (the senior executive service):\n(i) the head of service;\n(ii) directors-general;\n(iii) executives; and\n(b) officers; and\n(c) employees.\n(4) The Territory is the employer of all members of the service.\n","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Administrative units","content":"13 Administrative units\n(1) The Chief Minister may establish administrative units.\n(2) An administrative unit is made up of the offices within the\n(3) An instrument under subsection (1) is a notifiable instrument.\n\nAdministrative arrangements Division 2.3\n","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Ministerial responsibility and functions of administrative","content":"14 Ministerial responsibility and functions of administrative\nunits\n(1) For the Australian Capital Territory (Self-Government) Act 1988\n(Cwlth), section 43 (1), the Chief Minister may make a determination\nallocating responsibility to a Minister in relation to the following\nmatters:\n(a) governing the Territory in relation to a stated matter;\n(b) an Act;\n(c) the Executive’s powers under a Commonwealth law;\n(d) prerogatives of the Crown for the matters mentioned in\nparagraphs (a) to (c).\n(2) The Chief Minister must determine which administrative unit is\nresponsible for a matter mentioned in subsection (1).\n(3) For the Australian Capital Territory (Self-Government) Act 1988\n(Cwlth), section 43 (2), any Minister is authorised to act on the\nChief Minister’s behalf or on behalf of another Minister.\n(4) Subsection (3) is subject to the Legislation Act, section 41 (Making\nof certain statutory instruments by Executive) and section 253\n(Exercise of functions of Executive).\n(5) A determination is a notifiable instrument.\n","sortOrder":13},{"sectionNumber":"15","sectionType":"section","heading":"Machinery of government changes—officers","content":"15 Machinery of government changes—officers\n(1) If an administrative unit is abolished, the head of service may, in\nwriting, transfer an office in the administrative unit to another\n\n(2) If, because of administrative arrangements approved by the Chief\nMinister, a matter that immediately before those arrangements took\neffect was the responsibility of an administrative unit (the losing\narea) becomes the responsibility of another administrative unit (the\ngaining area), the head of service may, in writing, transfer an office\nin the losing area to the gaining area where the holder of the office is\nrequired to perform duties that—\n(a) relate wholly or mainly to that matter; or\n(b) are certified by the Chief Minister to be ancillary to, or\nattributable to, that matter.\n(3) The transfer of an office under subsection (1) or (2) does not affect\nthe identity of that office or anything done in relation to the office\nbefore the transfer.\n(4) Without limiting the operation of subsection (3)—\n(a) if immediately before its transfer, an office was occupied by a\nperson—the office continues to be occupied by the person; and\n(b) if immediately before its transfer, an office was a part-time\noffice—the office continues to be a part-time office.\n(5) If an office is transferred to another administrative unit, an officer\nwho is appointed to the office is taken to have been transferred to that\n(6) If a vacant office is transferred, and a selection process for the office\nis incomplete, the head of service—\n(a) if a person has been told, in writing, that the person is selected\nfor the office—must complete the selection process; and\n(b) in any other circumstance—may complete the selection process.\n\nAdministrative arrangements Division 2.3\n(7) An instrument under subsection (1) that is expressed to transfer an\noffice on the abolition of an administrative unit may be made before\nthe abolition takes effect.\n","sortOrder":14},{"sectionNumber":"16","sectionType":"section","heading":"Machinery of government changes—employees","content":"16 Machinery of government changes—employees\n(1) If—\n(a) an administrative unit is abolished; or\n(b) because of administrative arrangements approved by the Chief\nMinister, a matter that was the responsibility of an\nadministrative unit (the losing area) immediately before those\narrangements took effect becomes the responsibility of another\nadministrative unit (the gaining area);\nsubsection (2) has effect.\n(2) The head of service may direct in writing that—\n(a) if subsection (1) (a) applies—an employee who was employed\nin the administrative unit immediately before the abolition is to\nbe employed in another administrative unit; or\n(b) if subsection (1) (b) applies—an employee who was employed\nin the losing area immediately before the arrangements took\neffect is to be employed in the gaining area;\nand, if such a direction is given, an employee is taken as from that\ntime to be employed as so directed, in the same capacity and subject\nto the same conditions as were applicable immediately before that\ntime.\n(3) Without limiting subsection (2), that subsection does not extend the\nterm of employment of a person beyond the time when it would have\nended if the employment had not been affected by a direction under\nthat subsection.\n(4) An instrument made for subsection (2) may be made before the\nabolition takes effect.\n\n","sortOrder":15},{"sectionNumber":"17","sectionType":"section","heading":"Head of service functions","content":"17 Head of service functions\n(1) The head of service—\n(a) is responsible for the leadership and management of the service;\nand\n(b) is answerable to the Chief Minister.\nNote The head of service is engaged by the Chief Minister under section 31 (1).\n(2) The head of service has the following leadership functions:\n(a) to develop, oversee the implementation of, coordinate and\nprovide advice and reports to the Chief Minister about\nwhole-of-government strategies;\n(b) to provide direction across the service in relation to critical or\npotentially critical issues;\n(c) to promote cooperation and collegiality within and between\nadministrative units;\n(d) to promote and uphold in the service the public sector values,\n(e) any other function given to the head of service by the\nChief Minister.\n\n(3) The head of service has the following management functions:\n(a) to engage, appoint and employ people on behalf of the Territory\nin accordance with the merit and equity principle;\n(b) to organise public servants in the service;\nNote Subsection (4) sets out requirements for the organisation of the\nservice.\n(c) to provide advice and reports to the Chief Minister about\nemployment in the service;\n(d) any other function given to the head of service by the\nChief Minister.\n(4) For subsection (3) (b), the organisation of the service must—\n(a) give effect to the administrative arrangements; and\n(b) enable efficient and effective management of the service; and\n(c) promote the administration of the service in a way that is\nconsistent with the public sector values, the public sector\nprinciples and the conduct required of a public servant.\n(5) The head of service may declare that a day will be a holiday for all or\npart of the service.\n(6) A declaration is a notifiable instrument.\n","sortOrder":16},{"sectionNumber":"18","sectionType":"section","heading":"Delegation by head of service","content":"18 Delegation by head of service\n(1) The head of service may—\nto the head of service under this Act or any other law applying\nin the ACT; or\n\ndelegated to the head of service under this Act or any other law\napplying in the ACT.\n(2) However, the head of service must not delegate or subdelegate a\nsatisfied that the function needs to be exercised by a person who is\n","sortOrder":17},{"sectionNumber":"19","sectionType":"section","heading":"Directors-general functions","content":"19 Directors-general functions\n(1) A director-general is—\n(a) responsible for leadership of an administrative unit and\nleadership in the service; and\n(b) answerable to the Minister responsible for the administrative\nunit and to the head of service.\nNote A director-general is engaged by the head of service under section 31 (2).\n(2) A director-general has the following functions in relation to the\ndirector-general’s administrative unit:\n(a) to provide advice and reports to the Minister responsible for the\nadministrative unit and the head of service on matters relating to\nthe administrative unit;\n(b) to manage the business of the administrative unit;\n(c) any other function given to the director-general—\n(i) by the Minister responsible for the administrative unit; or\n(ii) by the head of service; or\n(iii) under this Act or another territory law;\n\n(d) to exercise a function mentioned in paragraphs (a) to (c) taking\ninto account the responsibilities of the government as a whole,\nincluding by collaborating with other directors-general.\nNote 1 Function includes authority, duty and power (see Legislation Act,\ndict, pt 1).\nNote 2 A provision of a law that gives an entity (including a person) a\nfunction also gives the entity powers necessary and convenient to\nexercise the function (see Legislation Act, s 196 and dict, pt 1,\ndef entity).\n(3) A director-general has the following leadership functions:\n(a) to provide advice to the head of service about the development\nand coordination of whole-of-government strategies;\n(b) to lead the implementation of whole-of-government strategies;\n(c) to implement, at the direction of the head of service—\n(i) strategies for the administration of the service; and\n(ii) responses to critical or potentially critical issues;\n(d) to work efficiently, effectively and constructively with other\ndirectors-general to ensure a whole-of-government focus and\npromote cooperation and collegiality within and between\nadministrative units;\n(e) to promote and uphold in the service the public sector values,\n(f) any other function given to the director-general by—\n(i) the Minister responsible for the administrative unit; or\n(ii) the head of service.\n\n","sortOrder":18},{"sectionNumber":"20","sectionType":"section","heading":"Delegation by director-general","content":"20 Delegation by director-general\n(1) A director-general may—\nto the director-general under this Act or any other law applying\nin the ACT; or\ndelegated to the director-general under this Act or any other law\napplying in the ACT.\n(2) However, a director-general must not delegate or subdelegate a\nsatisfied that the function needs to be exercised by a person who is\n","sortOrder":19},{"sectionNumber":"21","sectionType":"section","heading":"Exercise of certain director-general functions by head of","content":"21 Exercise of certain director-general functions by head of\nAccess Canberra\n(1) The responsible Minister may declare that a function given to a\ndirector-general under a territory law dealing with a relevant matter\nmay be exercised by the head of Access Canberra (a declared\nfunction).\n(2) A declaration is a notifiable instrument.\n(3) The head of Access Canberra may exercise a declared function.\n\n(4) The head of Access Canberra may delegate a declared function to a\npublic servant or another person.\nNote For the making of delegations and the exercise of delegated functions,\n(5) However, the head of Access Canberra may only delegate a declared\nfunction to the extent permitted by other territory laws.\nExample—extent permitted\nA declaration is made in relation to a function given to the director-general under\nthe XYZ Act. That Act states that the director-general may only delegate the\nfunction to an employee. The head of Access Canberra may also only delegate the\nfunction to an employee.\n(6) Nothing in this section limits the exercise of a declared function by\nthe director-general given the function.\n(7) Anything done in the exercise of a declared function is not invalid\nonly because of a defect or irregularity in, or in relation to, a\ndeclaration.\n(8) In this section:\nAccess Canberra means the business unit known as Access Canberra.\nhead, of Access Canberra, means the person occupying the position\n(however described) of head of Access Canberra.\nrelevant matter means a matter mentioned in an administrative\narrangement—\n(a) responsibility for which is allocated to the responsible Minister;\nand\n(b) relating to Access Canberra.\nresponsible Minister means the Minister responsible for Access\nCanberra.\n\n","sortOrder":20},{"sectionNumber":"22","sectionType":"section","heading":"Executive functions","content":"22 Executive functions\n(1) An executive—\n(a) is responsible for leadership in the service; and\n(b) is answerable to the head of service and the director-general for\nthe administrative unit in which the executive is employed.\nNote An executive is engaged by the head of service under section 31 (2).\n(2) An executive has the following leadership functions:\n(a) to advance whole-of-government strategies as part of the senior\nexecutive service;\n(b) to promote and demonstrate cooperation and collegiality within\nand between administrative units;\n(c) to promote and uphold in the service the public sector values,\n(d) any other function given to the executive by—\n(i) the head of service; or\n(ii) the director-general for the administrative unit in which the\nexecutive is employed.\n","sortOrder":21},{"sectionNumber":"23","sectionType":"section","heading":"Establishment of offices","content":"23 Establishment of offices\n(1) The head of service may, in writing, establish an office in an\n(2) The instrument establishing the office must state the classification of\nthe office and whether the office is a full-time or part-time office.\n\n(3) The comparative level of classifications is determined by the\nmaximum salary payable to a classification.\nExample\nThe top of the salary range for the classification Butcher 2 is $70 000. The top of\nthe salary range for the classification Baker 3 is $78 000. The salary of the\nclassification Candlestick Maker 4 (which has no salary range) is also $78 000.\nBaker 3 and Candlestick Maker 4 are equal classifications. Butcher 2 is a lower\nclassification than Baker 3 or Candlestick Maker 4.\n","sortOrder":22},{"sectionNumber":"24","sectionType":"section","heading":"Officers","content":"24 Officers\n(1) An officer is appointed to an office on a permanent basis.\nNote See pt 5 for provisions about the employment of officers.\n(2) An officer is taken to have the classification of the office that the\nofficer occupies.\n","sortOrder":23},{"sectionNumber":"25","sectionType":"section","heading":"Employees","content":"25 Employees\n(1) An employee is employed to exercise the functions of an office on a\ntemporary basis.\nNote See div 5.8 for provisions about employees.\n(2) The head of service may only employ a person as an employee if\nsatisfied that—\n(a) there is no officer with the classification of the office available\nin the service with the expertise, skills or qualifications required\nfor the functions to be exercised; or\nNote An officer is taken to have the classification of the office that the\nofficer occupies (see s 24).\n(b) assistance of a temporary nature is required and, because of\nurgency or the specialised nature of the functions, it is not\npractical in the circumstances to use an existing officer to do the\nwork; or\n\n(c) the employment is consistent with a management strategy to—\n(i) ensure the Territory is an equitable employer; or\n(ii) eliminate disadvantage in relation to public service\nemployment.\nNote The head of service must exercise a function in relation to the engagement\nof an employee in accordance with the merit and equity principle (see\ns 8 (3)).\n26 Management strategies for the service\n(1) The head of service must develop, oversee the implementation of and\ncoordinate each of the following management strategies:\n(a) a strategy to ensure the Territory is an equitable employer;\n(b) a strategy to eliminate disadvantage in relation to public service\nemployment;\n(c) a strategy to ensure appropriate participation by a public servant\nin decisions about the management of the public servant and the\npublic servant’s workplace;\n(d) a strategy to ensure the service gives members of the community\nfair and timely access to resources, managed by the Executive,\nto which they are entitled.\n(2) For the development of each management strategy, the head of\nservice—\n(a) must consult the joint council; and\n(b) may consult other entities that have an interest in the strategy;\nand\n(c) must give a copy of the strategy to the Chief Minister.\n\nManagement of the service Division 3.2\n","sortOrder":24},{"sectionNumber":"27","sectionType":"section","heading":"Application of the merit and equity principle","content":"27 Application of the merit and equity principle\n(1) This section applies in relation to selecting—\n(a) a person to be engaged in an SES position for a period of more\nthan 9 months; or\n(b) a person to be appointed as an officer to a vacant office; or\n(c) an officer to be transferred to a higher level vacant office for a\nperiod of more than 3 months; or\n(d) an officer to be promoted to a vacant office; or\n(e) a person to be employed as a fixed term employee for a period\nof more than 12 months.\n(2) The head of service must ensure—\n(a) all eligible people have, as far as practicable, a reasonable\nopportunity to apply for selection; and\n(b) selection of a person is made on the basis of a comparative\nassessment of the applicants, having regard to—\n(i) the nature of the functions to be exercised by the selected\nperson; and\n(ii) the relevant abilities, qualifications, experience, personal\nqualities and potential for development of the applicants;\nand\n(c) the person selected is an eligible person.\n(3) For subsection (2) (a), the people who may apply for selection may\nbe limited—\n(a) for an office—if the office is an identified position; or\n(b) in accordance with a management strategy to—\n(i) ensure the Territory is an equitable employer; or\n\n(ii) eliminate disadvantage in relation to public service\nemployment; or\n(c) in accordance with a territory law.\nAboriginal or Torres Strait Islander person means a person who—\n(a) is a descendant of an Aboriginal person or a Torres Strait\nIslander person; and\n(b) identifies as an Aboriginal person or a Torres Strait Islander\nperson; and\n(c) is accepted as an Aboriginal person or a Torres Strait Islander\nperson by an Aboriginal community or Torres Strait Islander\ncommunity.\nidentified position means an office that the head of service has\ndecided, in accordance with a prescribed process, must be occupied\nby—\n(a) an Aboriginal or Torres Strait Islander person; or\n(b) a person with disability.\n","sortOrder":25},{"sectionNumber":"28","sectionType":"section","heading":"Establishment of joint council","content":"28 Establishment of joint council\n(1) The head of service must establish a consultative forum for relevant\nunions and the service (the joint council).\nNote Establish includes constitute and continue in existence (see Legislation\nAct, dict, pt 1).\n(2) The joint council must operate in accordance with terms of reference\napproved by the head of service.\n(3) The terms of reference are a notifiable instrument.\n\nManagement of the service Division 3.2\n","sortOrder":26},{"sectionNumber":"29","sectionType":"section","heading":"Notification of certain employment matters","content":"29 Notification of certain employment matters\n(1) The head of service must publish in the gazette notice of the\nfollowing:\n(a) an appointment under division 5.3;\n(b) a promotion under division 5.5;\n(c) a permanent transfer under division 5.6;\n(d) a temporary transfer in accordance with section 101;\n(e) a movement under division 5.7;\n(f) a redeployment under part 6;\n(g) a reduction in classification under part 6;\n(h) a retirement under part 6.\n(2) For a promotion under section 87 (Promotion on advice of joint\nselection committee), the head of service must state in the\nnotification—\n(a) that the selection involved—\n(i) a union agreed joint selection committee; or\n(ii) a management initiated joint selection committee; and\n(b) whether the promotion is appellable or reviewable.\nunion agreed joint selection committee—see section 87.\n\n","sortOrder":27},{"sectionNumber":"Part 4","sectionType":"part","heading":"Engagement of senior executive","content":"Part 4 Engagement of senior executive\nservice\n","sortOrder":28},{"sectionNumber":"30","sectionType":"section","heading":"Definitions—pt 4","content":"30 Definitions—pt 4\nSETs—see statutory employment terms.\nstatutory employment terms (or SETs), for an SES member, means—\n(a) each function assigned to the SES member; and\n(b) where the SES member is engaged; and\nExamples\nadministrative unit, territory authority\n(c) the SES member’s classification; and\n(d) the SES member’s salary; and\n(e) the hours the SES member is engaged to work; and\n(f) the period the SES member is engaged to work; and\n(g) any prescribed SETs.\n","sortOrder":29},{"sectionNumber":"31","sectionType":"section","heading":"Engagement of SES member","content":"31 Engagement of SES member\n(1) The Chief Minister may engage an eligible person, under a contract,\non behalf of the Territory as the head of service.\n(2) The head of service may engage an eligible person, under a contract,\non behalf of the Territory as a director-general or an executive.\n(3) An SES member’s contract with the Territory must—\n(a) be in writing; and\n(b) be signed by the engager and the person; and\n(c) state the SETs for the SES member; and\n\n(d) be for a period of not more than 5 years.\n(4) Subject to this Act, the engagement of an SES member is governed\nby the terms of the contract.\n","sortOrder":30},{"sectionNumber":"32","sectionType":"section","heading":"Record about SES member","content":"32 Record about SES member\nFor each SES member, the head of service must keep a record of—\n(a) the SES member’s date of birth; and\n(b) the SES position in which the SES member is engaged; and\n(c) the day on which the SES member’s engagement started; and\n(d) the day on which the SES member’s engagement will end; and\n(e) any past employment as a public servant, including the days on\nwhich the employment started and ended.\n","sortOrder":31},{"sectionNumber":"33","sectionType":"section","heading":"Change to SES member’s SETs","content":"33 Change to SES member’s SETs\n(1) The engager of an SES member may make a permanent or temporary\nchange to 1 or more of the SES member’s SETs in accordance with\nany prescribed requirement or notice period under—\n(a) section 34 (Circumstances when SETs must be changed); or\n(b) section 35 (Circumstances when SETs may be changed); or\n(c) section 36 (SETs changed by change in administrative\narrangements).\n(2) The engager—\n(a) must be satisfied that making the change is consistent with the\npublic sector principles; and\n(b) may only—\n(i) change an SES member’s SETs if the SES member is an\neligible person for the new SETs; and\n\n(ii) for a director-general—change the director-general’s SETs\nif the Chief Minister and the Minister responsible for the\ndirector-general’s administrative unit have been consulted\nabout the change.\n(3) Any change to an SES member’s SETs must be in writing.\n","sortOrder":32},{"sectionNumber":"34","sectionType":"section","heading":"Circumstances when SETs must be changed","content":"34 Circumstances when SETs must be changed\nThe engager of an SES member must change the SES member’s SETs\nif—\n(a) the SES member can no longer be engaged with the SETs and\nthe engager is able to give the SES member another suitable SES\nposition; or\n(b) prescribed circumstances when an SES member’s SETs must be\nchanged are met.\nExample—par (a)\nAn executive’s contract requires the executive to do a particular task, but the\nexecutive acquires a disability and can no longer do the task.\nNote An SES position may be changed by changing 1 or more SETs (see\ns 33 (1)).\n","sortOrder":33},{"sectionNumber":"35","sectionType":"section","heading":"Circumstances when SETs may be changed","content":"35 Circumstances when SETs may be changed\nThe engager of an SES member may change the SES member’s SETs\nif—\n(a) the SES member, in writing, asks for the change and the engager\nis satisfied the request is reasonable; or\n(b) the engager is satisfied the change is required for the efficient\nand effective management of the service; or\n(c) the SES member is selected for another SES position in\naccordance with a selection process.\nExample—par (a)\nGillian asks to change from full-time to part-time employment.\n\nExample—par (b)\nJohn has expertise that is relevant to an emerging critical issue. John’s\nadministrative unit and functions are changed when he is moved to a\nwhole-of-government taskforce to address the issue. None of John’s other SETs are\nchanged.\nExample—par (c)\nBarlow, a part-time, temporary executive, is selected for a full-time, permanent SES\nposition in a different administrative unit, at a different classification. All of\nBarlow’s SETs are changed.\nNote An SES position may be changed by changing 1 or more SETs (see\ns 33 (1)).\n","sortOrder":34},{"sectionNumber":"36","sectionType":"section","heading":"SETs changed by change in administrative arrangements","content":"36 SETs changed by change in administrative arrangements\n(1) This section applies to directors-general and executives if the\nChief Minister makes a change to the administrative arrangements.\n(2) The head of service may make 1 or both of the following changes to\nthe SES member’s SETs:\n(a) change a function assigned to the SES member;\n(b) change the administrative unit in which an SES member is\nengaged.\n","sortOrder":35},{"sectionNumber":"37","sectionType":"section","heading":"Suspension of SES member","content":"37 Suspension of SES member\nThe engager of an SES member may suspend the SES member’s\nengagement with pay or without pay in accordance with any\nprescribed requirement.\n","sortOrder":36},{"sectionNumber":"38","sectionType":"section","heading":"End of SES member’s engagement","content":"38 End of SES member’s engagement\nThe engager of an SES member may end the SES member’s\nengagement, on behalf of the Territory, in accordance with any\nprescribed requirement or prescribed notice period—\n(a) under section 41 (Loss of eligibility); or\n(b) under section 42 (Invalidity retirement); or\n\n(c) if a misconduct procedure finds the disciplinary action to be\ntaken is to end the SES member’s engagement; or\n(d) if the engager loses confidence in the SES member’s ability to\nexercise the functions which the SES member has been engaged\nto exercise; or\n(e) if the SES member’s SES position is no longer required for the\nefficient and effective operation of the service—if the engager\nis unable to give the SES member another suitable SES position;\nor\n(f) if the engager considers it is in the interest of the service for the\nSES member’s engagement to be ended.\n","sortOrder":37},{"sectionNumber":"39","sectionType":"section","heading":"SES member may resign","content":"39 SES member may resign\n(1) An SES member’s engagement ends if, in accordance with any\nprescribed notice period, the SES member tells the engager, in\nwriting, that the SES member resigns.\n(2) The SES member may only withdraw the SES member’s resignation\nwith the approval of the engager.\n","sortOrder":38},{"sectionNumber":"40","sectionType":"section","heading":"End of engagement by resignation—abandonment of","content":"40 End of engagement by resignation—abandonment of\nengagement by SES member\n(1) This section applies if the engager is reasonably satisfied an SES\nmember has abandoned the SES member’s engagement because—\n(a) the SES member has been absent for—\n(i) 14 consecutive days; or\n(ii) 28 days in a 12-month period; and\n(b) the SES member—\n(i) fails to seek approval for the absence; and\n(ii) fails to give a reasonable explanation for the absence; and\n\n(iii) does not indicate an intention to return to work within a\nreasonable time.\n(2) For subsection (1) (b), another person may seek approval, give an\nexplanation or indicate an intention on behalf of an SES member if\nthe SES member is not able to do it.\n(3) The SES member’s engagement ends if—\n(a) the engager follows the prescribed process; and\n(b) after following the prescribed process, the engager remains\nsatisfied that the SES member has abandoned the SES member’s\nengagement.\n","sortOrder":39},{"sectionNumber":"41","sectionType":"section","heading":"Loss of eligibility","content":"41 Loss of eligibility\nThe engager of an SES member must end the SES member’s\nengagement if—\n(a) the SES member stops being an eligible person for the SES\nmember’s SES position; and\n(b) the engager is unable to give the SES member another suitable\nSES position.\n","sortOrder":40},{"sectionNumber":"42","sectionType":"section","heading":"Invalidity retirement","content":"42 Invalidity retirement\n(1) The engager of an SES member may end the SES member’s\nengagement if the SES member is unable to exercise the functions\nassigned to the SES member because of physical or mental\nincapacity.\n(2) However, the engager may only end the SES member’s engagement\nbecause of physical or mental incapacity if—\n(a) for an eligible employee under the Superannuation Act 1976\n(Cwlth)—the requirements for invalidity retirement under that\nAct are met; or\n\n(b) for a member of the superannuation scheme established under\nthe Superannuation Act 1990 (Cwlth)—the requirements for\ninvalidity retirement under that Act are met; or\n(c) for an ordinary employer sponsored member of the PSSAP\nwithin the meaning of the Superannuation Act 2005 (Cwlth)—\nthe requirements for invalidity retirement under that Act are\nmet; or\n(d) for a member of a superannuation scheme declared by the head\nof service—the requirements for invalidity retirement under the\nscheme are met.\n\nPreliminary Division 5.1\nPart 5 Employment of officers and\nemployees\nDivision 5.1 Preliminary\n63 Definitions—pt 5\nappellable classification means a classification—\n(a) with a maximum salary that is lower than the minimum salary\nfor the senior officer grade C classification; or\n(b) for which teaching qualifications are required.\njoint selection committee means a committee constituted as\nprescribed and includes—\n(a) a committee that is agreed to by the principal union; and\n(b) a management initiated committee.\nunsuitability criteria—see section 70 (4).\n","sortOrder":41},{"sectionNumber":"65","sectionType":"section","heading":"Reclassification of office","content":"65 Reclassification of office\n(1) The head of service may, in writing, change the classification of an\noffice in accordance with any prescribed requirement.\n(2) If the head of service changes the classification of an office to a higher\nclassification—\n(a) the office becomes vacant; and\n(b) the officer who occupied the office immediately before the\nchange becomes an unattached officer.\n\n(3) However, if the head of service changes the classification of a class\nof offices, the head of service may, in writing, disapply\nsubsection (2).\n","sortOrder":42},{"sectionNumber":"65A","sectionType":"section","heading":"Reclassification of office—returning LAMS officer","content":"65A Reclassification of office—returning LAMS officer\n(1) A returning LAMS officer may apply, in writing, to the head of\nservice for a review of the officer’s original classification and salary.\n(2) An application may be made not later than 30 days, or any longer\nperiod approved by the head of service, after the returning LAMS\nofficer returns to work in the service.\n(3) On receiving an application, the head of service must establish a\ncommittee made up of—\n(a) 1 person nominated by the head of service; and\n(b) 1 person nominated by the commissioner; and\n(c) an independent officer.\n(4) The committee must consider the returning LAMS officer’s\napplication and make a recommendation about the officer’s\nclassification and salary.\n(5) The head of service may prescribe procedures that a committee must\nfollow in considering an application.\n(6) The head of service must decide a classification and salary for the\nofficer that is not less than the officer’s original classification and\nsalary, having regard to—\n(a) the committee’s recommendation; and\n(b) the officer’s employment immediately before being employed\nunder the Legislative Assembly (Members’ Staff) Act 1989; and\n(c) the length of the employment; and\n\nChange to office Division 5.2\n(d) the functions exercised by the officer in the employment; and\n(e) any other matter that the head of service considers relevant.\n(7) The head of service must give the returning LAMS officer a copy of\nthe decision.\n(8) The head of service’s decision has effect, or is taken to have had\neffect, when the officer returns to work in the service.\n(9) In this section:\nindependent officer, in relation to an application by a returning\nLAMS officer, means—\n(a) if requested by the returning LAMS officer—a person\nnominated by a relevant union; or\n(b) a person chosen in accordance with prescribed procedures.\noriginal classification, of a returning LAMS officer, means the\nclassification of the office that the officer occupied immediately\nbefore being employed under the Legislative Assembly (Members’\nStaff) Act 1989.\noriginal salary, of a returning LAMS officer, means the salary to\nwhich the officer was entitled immediately before being employed\nunder the Legislative Assembly (Members’ Staff) Act 1989.\nreturning LAMS officer means an officer who—\n(a) while an officer, was employed under the Legislative Assembly\n(Members’ Staff) Act 1989; and\n(b) has returned, or will return, to work in the service.\n","sortOrder":43},{"sectionNumber":"66","sectionType":"section","heading":"Part-time office","content":"66 Part-time office\n(1) The head of service may, in writing, declare a vacant office to be a\npart-time office.\n\n(2) The head of service may, in writing, declare an occupied office to be\na part-time office if the officer appointed to the office consents to the\ndeclaration.\n(3) The head of service may change the part-time hours of a part-time\noffice—\n(a) at any time; and\n(b) for an occupied office—only if the officer appointed to the\noffice consents to the change.\n(4) The declaration must set out hours of attendance for the office that\nare less than full-time hours of attendance.\nNote An industrial instrument may include requirements for hours of\nattendance.\n","sortOrder":44},{"sectionNumber":"68","sectionType":"section","heading":"Appointment to vacant office","content":"68 Appointment to vacant office\n(1) The head of service may appoint a person to a vacant office.\n(2) The head of service may only appoint a person to an office if—\n(a) the person is selected in accordance with the merit and equity\nprinciple; and\n(b) the head of service is satisfied on reasonable grounds, and states,\nin writing, that the person is suitable for appointment having\nregard to—\n(i) verification of the person’s identity; and\n(ii) whether the person has any prior criminal convictions; and\n(iii) the previous employment record of the person; and\n(iv) the need for suitable references in support of the person’s\napplication for appointment; and\n\n(v) verification of the person’s qualifications required for the\nappointment.\nNote If a person is to be appointed to a position that involves a regulated\nactivity and contact with a vulnerable person within the meaning of the\nWorking with Vulnerable People (Background Checking) Act 2011, the\nperson may need to be registered under that Act.\n","sortOrder":45},{"sectionNumber":"69","sectionType":"section","heading":"Record about officers","content":"69 Record about officers\nFor each officer, the head of service must keep a record of—\n(a) the officer’s date of birth; and\n(b) the office to which the officer is appointed; and\n(c) the day on which the officer’s appointment started; and\n(d) any past employment as a public servant, including the days on\nwhich the employment started and ended; and\n(e) if the officer holds a visa that permits them to work in the\nservice—the following information about the officer’s visa:\n(i) the period during which the officer is permitted to work in\nthe service;\n(ii) the work the officer is permitted to do;\n(iii) any other information that is relevant to the officer being\nan eligible person for appointment.\n","sortOrder":46},{"sectionNumber":"70","sectionType":"section","heading":"Appointment on probation","content":"70 Appointment on probation\n(1) The appointment of a person to the service as an officer is subject to\na period of probation under this section, unless 1 of the following\nsections applies to the appointment:\n(a) section 71 (Appointment on probation—prescribed training\noffice);\n\n(b) section 71A (Appointment on probation—teachers);\n(c) section 71C (Appointment without probation).\n(2) Probation begins on the day the person is appointed and the\nappointment is taken to be confirmed 12 months after the day the\nperson is appointed unless—\n(3) The appointment may be confirmed any day after the day the officer\nis appointed if the head of service is satisfied that—\nconfirms that the standard of health and fitness of the person is\n(4) The appointment may be ended at any time before the appointment is\nconfirmed, or taken to be confirmed, if the head of service is satisfied\non reasonable grounds that 1 or more of the following criteria for\nbeing unsuitable for confirmation (the unsuitability criteria) applies\nto the officer:\n(a) the officer failed to have a medical examination to assess the\nofficer’s standard of health and fitness;\n(b) the officer has had a medical examination to assess the officer’s\nstandard of health and fitness and an authorised doctor states, in\nwriting, that the officer’s standard of health and fitness is not at\na standard required for the office;\n\n(c) an appropriate officer, for example the officer’s supervisor\nstates, in writing, that the officer has not exercised the officer’s\nfunctions at a standard required for the office;\n(d) the officer is not an eligible person to remain an officer;\n(e) the officer is an excess officer.\n","sortOrder":47},{"sectionNumber":"71","sectionType":"section","heading":"Appointment on probation—prescribed training office","content":"71 Appointment on probation—prescribed training office\n(1) The appointment of a person to the service as an officer in a\nprescribed training office is subject to a period of probation under this\nsection.\n(2) Probation begins on the day the person is appointed and is taken to be\nconfirmed 6 months after the day the officer completes the course of\ntraining required for the prescribed training office unless—\n(3) The appointment may be confirmed any day after the officer\nsuccessfully completes the course of training required for the\nprescribed training office if the head of service is satisfied that—\n\n(4) The appointment may be ended any time before the appointment is\nconfirmed or taken to be confirmed if the head of service is satisfied\non reasonable grounds that—\n(a) 1 or more of the unsuitability criteria applies to the officer; or\n(b) the officer has not successfully completed the course of training\nrequired for the prescribed training office.\n","sortOrder":48},{"sectionNumber":"71A","sectionType":"section","heading":"Appointment on probation—teachers","content":"71A Appointment on probation—teachers\n(1) The appointment of a person as a teacher is subject to a period of\nprobation under this section.\n(2) Probation begins on the day the person is appointed and is taken to be\nconfirmed 18 months after the day the person is appointed unless—\n(3) The appointment may be confirmed any day after the day the officer\nis appointed if the head of service is satisfied that—\n\n(4) The appointment may be ended at any time before the appointment is\nconfirmed, or taken to be confirmed, if the head of service is satisfied\non reasonable grounds that 1 or more of the unsuitability criteria\napplies to the officer.\nteacher means a person who holds an office classified as a teacher\nunder the management standards or a relevant industrial instrument.\n","sortOrder":49},{"sectionNumber":"71B","sectionType":"section","heading":"Extension of period of probation","content":"71B Extension of period of probation\n(1) A period of probation for a person may be extended if—\n(a) the appointment has not been confirmed or taken to be\nconfirmed; and\n(b) the head of service is satisfied on reasonable grounds that the\nextension is reasonably required to assess the person’s\nsuitability for office.\nExamples—par (b)\n1 Glen is appointed as an officer. Six weeks after starting work a family crisis\noccurs and Glen is absent on authorised unpaid leave for a 12-week period.\nGlen’s extended absence means that there has not been a long enough period\nat work to assess whether work performance is satisfactory so an additional\nperiod of probation is reasonable.\n2 Josephine is appointed as a teacher and undergoes a medical assessment to\nassess her standard of health and fitness. The report from the authorised doctor\nis delayed because the doctor is taken ill and cannot complete the report before\nthe probationary period would be taken to be confirmed under s 71A (2). An\nadditional period of probation is reasonable to allow for a medical assessment\nreport to be provided.\n\n","sortOrder":50},{"sectionNumber":"3","sectionType":"section","heading":"Mai is appointed to a prescribed training office. The training required for the","content":"3 Mai is appointed to a prescribed training office. The training required for the\noffice usually takes 2 years to complete. An additional period of probation is\nreasonable to allow time for Mai to complete the required training.\n(2) The maximum additional period for probation under this section is as\nfollows:\n(a) for section 70 (Appointment on probation)—6 months;\n(b) for section 71 (Appointment on probation—prescribed training\noffice)—12 months;\n(c) for section 71A (Appointment on probation—teachers)—\n12 months.\n(3) An appointment on probation must not be extended unless the officer\nhas been given at least 14 days written notice of—\n(a) the reason for the extension; and\n(b) the length of the extension; and\n(c) the day the probationary period will end.\n(4) An appointment that has been extended under this section may be\nconfirmed any day after the extension if the head of service is satisfied\nthat—\n(5) An appointment that has been extended under this section may be\nended at any time before the appointment is confirmed, or taken to be\nconfirmed, if the head of service is satisfied on reasonable grounds\nthat 1 or more of the unsuitability criteria applies to the officer.\n\n(6) An appointment that has been extended under this section is taken to\nbe confirmed on the day notified as the day the probationary period\nwill end under subsection (3) (c) unless—\n(b) the appointment is earlier ended under this section.\n","sortOrder":51},{"sectionNumber":"71C","sectionType":"section","heading":"Appointment without probation","content":"71C Appointment without probation\n(1) The head of service may appoint a person to an office without\nprobation if satisfied that—\n(a) the appointment without probation is in the public interest; or\n(b) immediately before the day of the appointment, for a period of\n12 months or more, the person exercised the functions of the\noffice, or an office with similar functions.\n(2) The head of service must not appoint a person to an office without\nprobation unless satisfied that—\n(a) the person has undergone a medical examination to assess the\nperson’s standard of health and fitness and on the basis of the\nexamination, the standard of health and fitness of the person is\n(b) it is unnecessary, in the circumstances, to require the person to\n","sortOrder":52},{"sectionNumber":"83","sectionType":"section","heading":"Promotion to vacant office","content":"83 Promotion to vacant office\n(1) The head of service may promote an officer to a vacant office.\n(2) The head of service must tell an officer, in writing, about the\npromotion a reasonable time before it takes effect.\n\n","sortOrder":53},{"sectionNumber":"84","sectionType":"section","heading":"Promotion appeal","content":"84 Promotion appeal\n(1) An officer may appeal against the promotion of another person to a\nvacant office under section 83 if—\n(a) the promotion is to an appellable classification; and\n(b) the officer applied for promotion to the vacant office.\n(2) The appeal must be made in accordance with—\n(a) if an industrial instrument applies to an officer and includes a\nprocedure for promotion appeals—the promotion appeals\nprocedure in the industrial instrument; or\n(b) in any other case—the prescribed promotion appeals procedure.\n(3) In deciding the appeal a decision-maker must apply the criteria set\ncriteria for decision-making for promotion appeals—the\npromotion appeals decision-making criteria in the industrial\ninstrument; or\n(b) in any other case—the prescribed promotion appeals\ndecision-making criteria.\n","sortOrder":54},{"sectionNumber":"85","sectionType":"section","heading":"Promotion appeal by excess officer","content":"85 Promotion appeal by excess officer\n(1) This section applies if an officer has been told, in writing, by the head\nof service that the officer is an excess officer.\n(2) The officer may appeal against the promotion of another person to a\nvacant office if—\n(a) the promotion is to an appellable classification; and\n(b) the excess officer applied for transfer to the vacant office the\nclassification of which is equal to or lower than the classification\nof the office occupied by the excess officer.\n\n(3) An appeal under this section does not affect the operation of part 6\n(Redeployment, underperformance and end of employment of\nofficers).\n(4) The appeal must be made in accordance with—\n(a) if an industrial instrument applies to the officer and includes a\nprocedure for promotion appeals—the promotion appeals\nprocedures in the industrial instrument; or\n(b) in any other case—the prescribed promotion appeals procedure.\n(5) In deciding the appeal a decision-maker must apply the criteria set\ncriteria for decision-making for promotion appeals—the\ndecision-making criteria in the industrial instrument; or\n(b) in any other case—the prescribed decision-making criteria.\n","sortOrder":55},{"sectionNumber":"86","sectionType":"section","heading":"Review of certain promotion decisions","content":"86 Review of certain promotion decisions\n(1) An officer may apply for review of a promotion of another officer to\na vacant office if—\n(a) the promotion is to a classification other than an appellable\nclassification; and\n(b) the officer applied for promotion to the office.\n(2) The review must be conducted in accordance with—\n(a) if an industrial instrument applies to an officer and includes a\nreview of promotion procedure—the review procedure in the\nindustrial instrument; or\n(b) in any other case—the prescribed review of promotion\nprocedure.\n\n(3) In deciding the review, a decision-maker must apply the criteria set\ncriteria for review of promotion decisions—the criteria for\nreview in the industrial instrument; or\n(b) in any other case—the prescribed criteria for review of\npromotion decisions.\n(4) If the head of service cancels the promotion as a result of the review—\n(a) the officer whose promotion is cancelled must for all purposes\nbe treated as having held the office from the date the promotion\ntook effect to the date of the cancellation; and\n(b) the head of service—\n(i) must transfer the officer to an office with a classification\nthat is equal to the classification that the officer had\nimmediately before the promotion took effect; and\n(ii) may if necessary create an office to allow the transfer\nmentioned in subparagraph (i).\n","sortOrder":56},{"sectionNumber":"87","sectionType":"section","heading":"Promotion on advice of joint selection committee","content":"87 Promotion on advice of joint selection committee\n(1) The head of service may promote an officer to fill a vacant office if—\n(a) a joint selection committee is established in relation to the\npromotion; and\n(b) the committee recommends the promotion.\n(2) If a joint selection committee makes a recommendation to the head of\nservice about a promotion the head of service may—\n(a) accept the recommendation; or\n(b) not accept the recommendation.\n\n(3) A decision to promote under this section is not an appellable decision\nor a reviewable decision if the promotion is in accordance with—\n(a) the recommendation of a joint selection committee agreed to by\nthe principal union (a union agreed joint selection committee);\nor\n(b) the unanimous recommendation of a management initiated joint\nselection committee.\n(4) A decision to promote under this section is an appellable decision and\na reviewable decision if—\n(a) an officer is promoted to an appellable classification; and\n(b) the officer seeking to appeal applied for promotion to the\nposition; and\n(c) the promotion is not in accordance with—\n(i) the recommendation of a union agreed joint selection\ncommittee; or\n(ii) the unanimous recommendation of a management initiated\njoint selection committee.\n","sortOrder":57},{"sectionNumber":"88","sectionType":"section","heading":"How promotions take effect","content":"88 How promotions take effect\n(1) A promotion takes effect as prescribed.\n(2) The salary payable for an office to which an officer is promoted under\nsection 83 or section 87 is payable on and after the prescribed day.\n(3) If an appeal against a promotion results in a different officer being\npromoted to an office than had originally been promoted—the salary\npayable to the different officer is payable on and after the prescribed\nday for the original promotion.\n\n","sortOrder":58},{"sectionNumber":"89","sectionType":"section","heading":"Death of officer before appeal or review decided","content":"89 Death of officer before appeal or review decided\n(1) This section applies if a promoted officer dies before 1 of the\nfollowing processes are finalised:\n(a) an appeal under section 84 (Promotion appeal);\n(b) a review under section 86 (Review of certain promotion\ndecisions).\n(2) The process ends on the day of the promoted officer’s death.\n(3) If the promoted officer’s promotion is confirmed, the promotion only\ntakes effect if the promoted officer’s death occurred on or after the\nprescribed day in relation to the promotion.\npromoted officer means the officer against whose promotion the\nprocess is being undertaken.\n","sortOrder":59},{"sectionNumber":"90","sectionType":"section","heading":"Cancellation of promotion","content":"90 Cancellation of promotion\n(1) Before the promotion of an officer to a vacant office in an\nadministrative unit takes effect, the head of service may cancel the\npromotion on reasonable grounds.\n(2) If a promotion of an officer under section 83 or section 87 that has\nnot taken effect stops being a promotion, because of a change in rates\nof salary, the promotion is taken to be cancelled.\n(3) If a promotion is cancelled, or is taken to be cancelled under this\nsection, any appeal under section 84 or review under section 86\nagainst the promotion lapses on the day of the cancellation.\n\n","sortOrder":60},{"sectionNumber":"92","sectionType":"section","heading":"Transfer to vacant office","content":"92 Transfer to vacant office\n(1) The head of service may transfer an officer to a vacant office.\n(2) The head of service may only transfer an officer under this section\nif—\n(a) the vacant office is in the same administrative unit as the\nofficer’s office before the transfer; and\n(b) either—\n(i) the officer applied for the vacant office; or\n(ii) the head of service—\n(A) consults the director-general of the administrative\nunit about the transfer; and\n(B) gives the officer an opportunity to state the officer’s\nviews in relation to the transfer; and\n(C) considers the views of the officer.\n(3) The head of service must tell an officer, in writing, about the transfer\na reasonable time before it takes effect.\n(4) A decision to transfer under this section is not an appellable decision\n","sortOrder":61},{"sectionNumber":"93","sectionType":"section","heading":"Simultaneous transfer within administrative unit","content":"93 Simultaneous transfer within administrative unit\n(a) 2 or more officers in an administrative unit occupy offices with\nthe same classification; and\n(b) the head of service approves the simultaneous transfer of the\nofficers between the offices.\n\n(2) The head of service may transfer the officers if the head of service\nconsults with the director-general of the administrative unit.\n(3) A decision to transfer under this section is not an appellable decision\nor a reviewable decision.\n","sortOrder":62},{"sectionNumber":"94","sectionType":"section","heading":"Transfer between administrative units","content":"94 Transfer between administrative units\nThe head of service may transfer an officer in an administrative unit\nto a vacant office in another administrative unit, if the head of service\nconsults—\n(a) the director-general of the administrative unit that would gain\nthe officer; and\n(b) the director-general of the administrative unit that would release\nthe officer.\n","sortOrder":63},{"sectionNumber":"96B","sectionType":"section","heading":"Transfer on advice of joint selection committee","content":"96B Transfer on advice of joint selection committee\n(1) The head of service may transfer an officer to fill a vacant office in\nan administrative unit if—\n(a) a joint selection committee is established in relation to the\ntransfer; and\n(b) the committee recommends the transfer.\n(2) The joint selection committee must make a recommendation to the\nhead of service about the transfer.\n(3) The head of service must consult the director-general of the\nadministrative unit about the recommendation.\n(4) The head of service may—\n(a) accept the recommendation; or\n(b) not accept the recommendation.\n\n(5) If an officer is transferred in accordance with a recommendation\nunder subsection (2) the head of service must notify the transfer in the\ngazette.\n(6) If an officer is transferred on the recommendation of a union agreed\njoint selection committee—the decision to transfer is not an\nappellable decision or a reviewable decision.\n(7) In this section:\nunion agreed joint selection committee—see section 87.\n","sortOrder":64},{"sectionNumber":"96C","sectionType":"section","heading":"How transfer takes effect","content":"96C How transfer takes effect\nA transfer takes effect as prescribed.\n","sortOrder":65},{"sectionNumber":"96D","sectionType":"section","heading":"Cancellation of transfer","content":"96D Cancellation of transfer\n(1) Before the transfer of an officer to a vacant office in an administrative\nunit takes effect, the head of service may cancel the transfer on\nreasonable grounds.\n(2) If a transfer is cancelled under this section, any appeal against the\ntransfer lapses on the day of the cancellation.\n","sortOrder":66},{"sectionNumber":"100","sectionType":"section","heading":"Temporary transfer","content":"100 Temporary transfer\n(1) The head of service may temporarily transfer an officer from an\nadministrative unit to exercise the whole, or part, of the functions of\nanother office in the unit if—\n(a) the head of service consults the director-general of the unit; and\n(b) the prescribed requirements are met.\n(2) A temporary transfer, other than a transfer requiring notification\nunder section 101 (2), takes effect on—\n(a) the day written notice is given; or\n(b) if a later day is stated in the written notice of the transfer—on\nthat later day.\n\n(3) Written notice of a temporary transfer must be expressed to continue\nin force until—\n(a) the end of a stated day; or\n(b) occurrence of a stated event.\n(4) Written notice of the temporary transfer must not be expressed to\noperate—\n(a) indefinitely; or\n(b) until a notice terminating the transfer is given.\n(5) The head of service may, in writing—\n(a) revoke the temporary transfer at any time; or\n(b) vary the temporary transfer at any time.\n(6) The head of service may temporarily transfer an officer from an\nadministrative unit to exercise the whole, or part, of the functions of\nan office in another unit if the prescribed requirements are met.\n","sortOrder":67},{"sectionNumber":"101","sectionType":"section","heading":"Notification of certain temporary transfers to higher office","content":"101 Notification of certain temporary transfers to higher office\n(1) This section applies to a temporary transfer to an appellable\nclassification.\n(2) The head of service must provide notification in the gazette of a\ntemporary transfer if—\n(a) the head of service temporarily transfers an officer to perform\nthe duties of a higher office to which this section applies; and\n(b) the transfer is for a period of more than 6 months.\n\n","sortOrder":68},{"sectionNumber":"102","sectionType":"section","heading":"Appeal against temporary transfer to higher office","content":"102 Appeal against temporary transfer to higher office\n(1) An officer may appeal against the temporary transfer of another\nofficer to an appellable classification if—\n(a) the other officer is transferred to an office that is a higher office\nfor the other officer; and\n(b) the transfer is to an office that is a higher office for the officer\nseeking to appeal; and\n(c) the officer seeking to appeal applied for temporary transfer to\nthe higher office.\n(2) The appeal must be made in accordance with—\n(a) if an industrial instrument applies to the officer and includes a\nprocedure for temporary transfer appeal—the temporary transfer\nappeal procedure in the industrial instrument; or\n(b) in any other case—the prescribed temporary transfer appeal\nprocedure.\n","sortOrder":69},{"sectionNumber":"103","sectionType":"section","heading":"Lapsing or discontinuing of appeal","content":"103 Lapsing or discontinuing of appeal\n(1) An appeal against a temporary transfer under section 102 lapses if—\n(a) the temporary transfer finishes under section 100 (3); or\n(b) the temporary transfer finishes because the person transferred\nstops being an officer; or\n(c) the temporary transfer is revoked under section 100 (5); or\n(d) the appellant stops being an officer; or\n(e) the office that is the subject of the appeal is no longer a higher\noffice for the appellant.\n\n(2) An appeal against a temporary transfer under section 102 must be\ndiscontinued if the appellant gives written notice that the appeal has\nbeen withdrawn to the person or body that considers the appeal under\nthe temporary transfer appeal procedure mentioned in section 102 (2).\n(3) If an appeal lapses or is discontinued under this section the person or\nbody that considers the appeal under the temporary transfer appeal\nprocedure mentioned in section 102 (2) must give written notice of\nthe lapse or discontinuance to the appellant.\n","sortOrder":70},{"sectionNumber":"104","sectionType":"section","heading":"Temporary transfer if appeal successful","content":"104 Temporary transfer if appeal successful\n(1) This section applies if the person or body that considers an appeal\nunder the temporary transfer appeal procedure mentioned in\nsection 102 (2) decides that the appellant would be more efficient in\nperforming the duties of the office than the person transferred to the\noffice under section 100.\n(2) The person or body must provide written notice of the decision to—\n(a) the appellant; and\n(b) the person transferred under section 100; and\n(c) the head of service.\n(3) If the head of service receives a notice under subsection (2) the head\nof service must—\n(a) revoke the temporary transfer of the person transferred under\nsection 100; and\n(b) temporarily transfer the appellant to the position.\n(4) A temporary transfer under this section—\n(a) takes effect when it is made; and\n(b) must be expressed to continue in force for the same period for\nwhich the revoked temporary transfer would have operated; and\n(c) is not subject to appeal.\n\nOther movement within the service Division 5.7\n","sortOrder":71},{"sectionNumber":"105","sectionType":"section","heading":"Promotion or transfer after passing examination","content":"105 Promotion or transfer after passing examination\n(1) This section applies if the head of service prescribes—\n(a) a class of office for this section; and\n(b) that a test or another assessable task (an examination) must be\npassed by an officer before the officer can be transferred or\npromoted to an office in a stated prescribed class.\n(2) If an office in the stated prescribed class is vacant and an examination\nhas been undertaken, the head of service may—\n(a) if 1 officer passed the examination and is otherwise eligible for\ntransfer or promotion to that office—transfer or promote the\nofficer to the office; or\n(b) if 2 or more officers passed the examination and are otherwise\neligible for transfer or promotion to the office—transfer or\npromote the officers in accordance with the order of merit in\nwhich they passed the examination.\n(3) A transfer or promotion under this section takes effect on the day\nstated in the instrument of transfer or promotion.\n","sortOrder":72},{"sectionNumber":"106","sectionType":"section","heading":"Training offices","content":"106 Training offices\n(1) The head of service may prescribe—\n(a) required training for a class of office (a training office); and\n(b) a class of office with a higher classification to which an officer\noccupying a training office may be promoted on satisfactory\ncompletion of the required training (a related qualified office).\n\n(2) If the head of service is satisfied an officer has satisfactorily\ncompleted the required training for a training office—\n(a) if there is a vacant related qualified office—the head of service\nmust promote the officer to the office; or\n(b) if there is no vacant related qualified office—the officer—\n(i) becomes an unattached officer until a related qualified\noffice becomes vacant; and\n(ii) is taken to have the classification of the related qualified\noffice.\n(3) If a related qualified office becomes vacant, the head of service—\n(a) must transfer to the office the unattached officer who has been\nwaiting for a related qualified office to become vacant for the\nlongest period; or\n(b) may, if no officers have completed the required training—\n(i) for a full-time qualified office—promote to the office the\nfirst full-time officer to complete the training; or\n(ii) for a part-time qualified office—promote to the office the\nfirst part-time officer to complete the training; or\n(iii) if subparagraphs (i) and (ii) do not apply—appoint, transfer\nor promote another person to the office.\n(4) If 2 or more officers satisfactorily completed the required training for\na training office on the same day, the officers are taken to have\ncompleted the training in order of merit, with the officer achieving\nthe highest mark taken to have completed first.\n(5) A promotion under this section takes effect on the day the promotion\nis made.\n\nOther movement within the service Division 5.7\n","sortOrder":73},{"sectionNumber":"107","sectionType":"section","heading":"Promotion or transfer to training office","content":"107 Promotion or transfer to training office\n(1) If an officer is promoted under section 83 to a training office, another\nofficer or an unattached officer with a classification lower than the\nclassification of the related qualified office may appeal the\npromotion.\n(2) If an officer is transferred under section 92 to a training office—\n(a) another officer or an unattached officer with a classification\nlower than the classification of the related qualified office may\nappeal the transfer; and\n(b) the office to which the officer was appointed immediately before\nthe transfer remains vacant until—\n(i) if the transfer is appealed—every appeal has been decided\nor otherwise ended; or\n(ii) if the transfer is not appealed—the period during which an\nappeal can be made has ended.\nrelated qualified office—see section 106 (1) (b).\ntraining office—see section 106 (1) (a).\n","sortOrder":74},{"sectionNumber":"108","sectionType":"section","heading":"Movement within administrative unit","content":"108 Movement within administrative unit\n(1) This section applies if the head of service is satisfied on reasonable\ngrounds that the efficient administration of an administrative unit\nrequires an officer (including an unattached officer) or employee to\nmove within the administrative unit.\n(2) The head of service may—\n(a) for an officer—transfer the officer to a vacant office in the\n\n(b) for an employee—\n(i) end the employee’s employment; and\n(ii) immediately after the employee’s employment ends,\nemploy the employee again to exercise the required\nfunctions.\n(3) Before exercising a function under subsection (2), the head of service\nmust—\n(a) consult the director-general of the unit; and\n(b) give the officer or employee an opportunity to state the officer’s\nor employee’s views in relation to the change; and\n(c) consider the views of the officer or employee.\nNote An industrial instrument may set out further consultation requirements.\n(4) A decision to transfer under this section is not an appellable decision\n","sortOrder":75},{"sectionNumber":"109","sectionType":"section","heading":"Movement between administrative units","content":"109 Movement between administrative units\n(1) This section applies if the head of service is satisfied on reasonable\ngrounds that the efficient administration of the service requires the\nmovement of an officer (including an unattached officer), or an\nemployee, from 1 administrative unit to another.\n(2) The head of service may—\n(a) for an officer—transfer the officer to a vacant office in the other\n(b) for an employee—\n(i) end the employee’s employment; and\n(ii) immediately after the employee’s employment ends,\nemploy the employee again to exercise the required\nfunctions.\n\nTemporary employment Division 5.8\n(3) Before exercising a function under subsection (2), the head of service\nmust—\n(a) consult—\n(i) the officer or employee; and\n(ii) the director-general of the administrative unit that would\ngain the officer or employee; and\n(iii) the director-general of the administrative unit that would\nrelease the officer or end the employment of the employee;\nand\n(b) consider whether the change is in the interests of the efficient\nadministration of the service; and\n(c) be satisfied that the efficient administration of the service\nrequires the change.\nNote An industrial instrument may set out further consultation requirements.\n(4) A decision under subsection (2) must state—\n(a) the date of effect of the action; and\n(b) for an officer being transferred—\n(i) whether the transfer is temporary or permanent; and\n(ii) if the transfer is temporary—the period of the transfer.\n(5) A decision to transfer under this section is not an appellable decision\n","sortOrder":76},{"sectionNumber":"110","sectionType":"section","heading":"Fixed term temporary employment","content":"110 Fixed term temporary employment\n(1) The head of service may employ the person for a fixed term of—\n(a) less than 12 months; or\n\n(b) if the head of service consults the principal union about the need\nfor the temporary employment—less than 5 years.\nNote The Fair Work Act 2009 (Cwlth), s 333E sets out additional limitations\non certain fixed term employment that apply except in the circumstances\nmentioned in that Act, s 333F.\n(2) The head of service may re-employ the person without a break\nbetween the periods of employment if the cumulative period of\nengagement is less than—\n(a) for an employee employed in accordance with\nsubsection (1) (a)—12 months; or\n(b) for an employee employed in accordance with\nsubsection (1) (b)—5 years.\n(3) A fixed term employee’s employment ends—\n(a) on the day after the earliest of—\n(i) the end of the term for which the employee is employed; or\n(ii) a reasonable notice period given to the employee, in\nwriting, by the head of service; or\n(iii) a 2-week notice period given to the head of service, in\nwriting, by the employee; or\n(iv) a notice period agreed, in writing, between the employee\nand the head of service; or\n(b) for an employee who begins a period of maternity leave before\nthe end of the term for which the employee is employed—on the\nday after the latest of—\n(i) the end of the term for which the employee is employed; or\n(ii) the day the paid period of the employee’s maternity leave\nends.\n\nTemporary employment Division 5.8\nmaternity leave means maternity leave under an industrial\n","sortOrder":77},{"sectionNumber":"111","sectionType":"section","heading":"Casual temporary employment","content":"111 Casual temporary employment\n(1) The head of service may employ a person for temporary employment\nin an administrative unit to exercise the functions of an office on a\ncasual basis.\n(2) Employment on a casual basis must not be on a fixed term.\n(3) A casual employee’s employment may be ended at any time by the\n","sortOrder":78},{"sectionNumber":"112","sectionType":"section","heading":"Work performed after end of temporary employment","content":"112 Work performed after end of temporary employment\n(a) the temporary employment of a person has ended in accordance\nwith section 110 (3) or section 111 (3); and\n(b) that person continues to exercise functions or deliver services\nafter the day the person’s employment ended.\n(2) Any function exercised or service delivered by the person after the\nday the person’s employment ended does not renew or extend the\nperson’s employment.\n(3) However, the head of service may pay the person for a function\nexercised or service delivered in good faith after the day the person’s\nemployment ended.\n","sortOrder":79},{"sectionNumber":"113","sectionType":"section","heading":"Record about employees","content":"113 Record about employees\nFor each employee, the head of service must keep a record of—\n(a) the employee’s date of birth; and\n(b) the office to which, or functions for which, the employee is\nemployed; and\n\n(c) the day on which the employee’s employment started; and\n(d) for an employee employed under section 110—the day on which\nthe employee’s employment will end; and\n(e) any past employment as a public servant, including the days on\nwhich the employment started and ended.\n","sortOrder":80},{"sectionNumber":"114","sectionType":"section","heading":"Becoming unattached officer","content":"114 Becoming unattached officer\n(1) The head of service may, with the written consent of an officer, state,\nin writing, that the officer will become an unattached officer on a\nparticular day.\nNote 1 An officer may also become an unattached officer under s 65 (2) (b)\n(Reclassification of office) or s 106 (2) (b) (Training offices).\nNote 2 An officer may be declared to be an unattached officer under s 123\n(Reduction in classification or retirement).\n(2) The office occupied by the officer becomes vacant on the day the\nofficer becomes an unattached officer.\n(3) Unless otherwise agreed between the head of service and the\nunattached officer, the unattached officer—\n(a) is included in the administrative unit in which the unattached\nofficer occupied an office immediately before becoming\nunattached; and\n(b) has the classification of the office that the unattached officer\noccupied immediately before becoming unattached; and\n(c) has the hours of attendance of the office that the unattached\nofficer occupied immediately before becoming unattached.\n\nUnattached officers Division 5.9\n","sortOrder":81},{"sectionNumber":"115","sectionType":"section","heading":"Becoming unattached officer on medical grounds","content":"115 Becoming unattached officer on medical grounds\n(1) This section applies if an authorised doctor has recommended that an\nofficer should, because of physical or mental incapacity, be\nredeployed under section 122 or retired from the service under\nsection 123.\n(2) The head of service may state, in writing, that the officer will become\nan unattached officer on a particular day.\n(3) The office occupied by the officer becomes vacant on the day the\nofficer becomes an unattached officer.\n(4) The officer must be given written notice of becoming unattached as\nsoon as practicable.\n","sortOrder":82},{"sectionNumber":"116","sectionType":"section","heading":"Appointment as unattached officer","content":"116 Appointment as unattached officer\nA person may be appointed as an unattached officer under section 68\n(1) (Appointment to vacant office) if the head of service states, in\nwriting—\n(a) the administrative unit in which the person will be included; and\n(b) a classification for the person, having regard to—\n(i) the functions to be exercised by the person; and\n(ii) the person’s qualifications; and\n(c) the hours of attendance for the person.\n","sortOrder":83},{"sectionNumber":"117","sectionType":"section","heading":"Reappointment as unattached officer","content":"117 Reappointment as unattached officer\n(1) This section applies to a former officer who is reappointed as an\nunattached officer.\nNote A former officer may be reappointed as an unattached officer under s 136\n(Reappointment of officer if unsuccessful election candidate) and s 137\n(Reappointment of officer after quashing etc of conviction).\n\n(2) Unless otherwise stated by the head of service, the unattached\nofficer—\n(a) is included in the administrative unit in which the unattached\nofficer occupied an office immediately before becoming\nunattached; and\n(b) has the classification of the office that the unattached officer\noccupied immediately before becoming unattached; and\n(c) has the hours of attendance of the office that the unattached\nofficer occupied immediately before becoming unattached.\n","sortOrder":84},{"sectionNumber":"118","sectionType":"section","heading":"Secondment to the service","content":"118 Secondment to the service\n(1) The head of service may approve a request from an eligible person\nfor the secondment of the eligible person to the service.\n(2) The eligible person must agree to the details of the secondment before\nthe secondment begins.\n(3) The person on secondment must exercise a function assigned to the\nperson while on secondment in accordance with this Act and any\nother law applying in the territory.\n(4) A person on secondment is taken to be a public servant for section 7\n(Meaning of public sector values), section 8 (Meaning of public\nsector principles) and section 9 (Public sector conduct).\n(5) In this section:\nsecondment, of a person to the service, means a written arrangement\nbetween the Territory and the employer of the person, under which\nthe person works in the service as if the person was employed by the\nTerritory.\n\nSecondment Division 5.10\n","sortOrder":85},{"sectionNumber":"119","sectionType":"section","heading":"Secondment of public servant to another employer","content":"119 Secondment of public servant to another employer\n(1) The head of service may approve a request from a public servant for\nthe secondment of the public servant to another employer.\n(2) The public servant must agree to the details of the secondment before\nthe secondment begins.\n(3) Any function lawfully exercised by a public servant on secondment\nwill not contravene this Act or another territory law if the function is\nexercised in the way the public servant is lawfully directed to exercise\nit.\nsecondment, of a public servant to another employer, means a written\narrangement between the Territory and the other employer, under\nwhich the public servant exercises a function for the other employer\nas if the public servant was employed by the other employer.\n\n","sortOrder":86},{"sectionNumber":"Part 6","sectionType":"part","heading":"Redeployment,","content":"Part 6 Redeployment,\nunderperformance and end of\nemployment of officers\n","sortOrder":87},{"sectionNumber":"120","sectionType":"section","heading":"Definitions—pt 6","content":"120 Definitions—pt 6\nconfirmed officer means an officer who is not on probation.\nincapacitated—an officer is incapacitated if the officer is unable to\nexercise functions appropriate to the officer’s classification because\nof physical or mental incapacity.\nineligible—an officer is ineligible for an office if the officer ceases\nto be an eligible person for the office.\n","sortOrder":88},{"sectionNumber":"121","sectionType":"section","heading":"Retirement","content":"121 Retirement\nIf an officer is at least 55 years old, the officer may retire from the\nservice at any time.\n","sortOrder":89},{"sectionNumber":"122","sectionType":"section","heading":"Redeployment","content":"122 Redeployment\n(1) This section applies to a confirmed officer if the director-general of\nthe officer’s administrative unit is satisfied on reasonable grounds\nthat the officer is—\n(a) incapacitated; or\n(b) ineligible for the officer’s office; or\n(c) an excess officer.\n(2) The director-general must—\n(a) take reasonable steps to find a vacant office that the officer is\neligible for; and\n\n(b) if the director-general finds a suitable vacant office—\n(i) in writing, offer the office to the officer; and\n(ii) if the officer consents to be transferred—transfer the\nofficer to the office; and\n(iii) if the officer does not consent to be transferred—refer the\nproposed redeployment to the head of service; and\n(c) if the director-general does not find a suitable vacant office—\nrefer the proposed redeployment to the head of service.\n(3) If the redeployment is referred to the head of service, the head of\nservice must—\n(a) take reasonable steps to find a vacant office in the service that\nthe officer is eligible for; and\n(b) if the head of service finds a suitable vacant office—\n(a) in writing, offer the office to the officer; and\n(b) if the officer consents to be transferred—transfer the\nofficer to the office.\n(4) If the head of service cannot find a suitable vacant office to which the\nofficer consents to be transferred the head of service must, in writing,\nrefer the unsuccessful redeployment to the director-general.\n","sortOrder":90},{"sectionNumber":"123","sectionType":"section","heading":"Reduction in classification or retirement","content":"123 Reduction in classification or retirement\n(1) This section applies to an officer whose unsuccessful redeployment\nis referred to the director-general under section 122 (4).\n(2) The director-general may, with written notice to the officer—\n(a) reduce the officer’s classification by—\n(i) transferring the officer to an office with a lower\nclassification; or\n\n(ii) declaring, in consultation with the head of service, the\nofficer to be an unattached officer of a lower classification;\nor\n(b) retire the officer from the service.\n(3) A decision under subsection (2) is an appellable decision.\n(4) If the officer agrees to a reduction in classification or retirement, the\ndate of effect of the action is—\n(a) for an incapacitated officer—a day agreed, in writing, between\nthe officer and the director-general; or\n(b) for an ineligible or an excess officer—any day after the day the\nnotice was given that is agreed, in writing, between the officer\nand the director-general.\n(5) If the officer does not agree to a reduction in classification or\nretirement, the date of effect of the action is—\n(a) if an industrial instrument applies to the officer and states a\nretention period for the circumstances—the day after the end of\nthe retention period; or\n(b) if paragraph (a) does not apply—the latest of the following:\n(i) the day stated in the notice;\n(ii) the day 1 month after the day the notice was given to the\nofficer;\n(iii) if the officer appeals, but then withdraws the appeal—the\nday the appeal is withdrawn;\n(iv) if the officer appeals and the appeal upholds the giving of\nthe notice—the day the appeal is decided.\n\n","sortOrder":91},{"sectionNumber":"124","sectionType":"section","heading":"Limitation on retirement on ground of invalidity","content":"124 Limitation on retirement on ground of invalidity\n(1) This section applies despite section 122 or section 123.\n(2) An officer may not be retired from office on the ground of invalidity\nunless—\n(a) if the officer is an eligible employee for the purposes of the\nSuperannuation Act 1976 (Cwlth)—\n(i) the officer has not reached the officer’s maximum retiring\nage within the meaning of that Act; and\nSuperannuation Board of Trustees No 2 under that Act,\nsection 54C for the officer; or\n(b) if the officer is a member of the superannuation scheme\nestablished under the Superannuation Act 1990 (Cwlth)—\n(i) the officer is under 60 years old; and\nSuperannuation Board of Trustees No 1 under that Act,\nsection 13 for the officer; or\n(c) if the officer is an ordinary employer-sponsored member of\nPSSAP within the meaning of the Superannuation Act 2005\n(Cwlth)—\n(i) the officer is under 60 years old; and\nSuperannuation Board of Trustees No 1 under that Act,\nsection 43 for the officer.\ninvalidity means—\n(a) for an eligible employee under the Superannuation Act 1976\n(Cwlth)—invalidity under that Act; or\n\n(b) for a member of the superannuation scheme established under\nthe Superannuation Act 1990 (Cwlth)—invalidity under that\nAct; or\n(c) for an ordinary employer sponsored member of the PSSAP\nwithin the meaning of the Superannuation Act 2005 (Cwlth)—\ninvalidity under that Act; or\n(d) for a member of a superannuation scheme declared by the head\nof service—invalidity under the scheme.\n","sortOrder":92},{"sectionNumber":"124A","sectionType":"section","heading":"End of employment if visa no longer held","content":"124A End of employment if visa no longer held\n(1) This section applies if an officer—\n(a) is not an Australian citizen or permanent resident of Australia;\nand\n(b) becomes ineligible for their office because they no longer hold\na visa that permits them to work in the service.\n(2) The head of service must end the employment of the officer.\n(3) A decision to end employment under this section is not an appellable\ndecision or a reviewable decision.\n(4) Section 122 and section 123 do not apply if this section applies.\n","sortOrder":93},{"sectionNumber":"125","sectionType":"section","heading":"Underperformance","content":"125 Underperformance\n(1) The procedures that apply to underperformance by an officer are—\nprocedures for underperformance—the underperformance\nprocedures in the industrial instrument; or\n(b) in any other case—the prescribed underperformance\nprocedures.\n\nunderperformance, by an officer, includes failure by the officer to\nexercise the functions of an office to the standard reasonably required.\n","sortOrder":94},{"sectionNumber":"126","sectionType":"section","heading":"End of employment for misconduct","content":"126 End of employment for misconduct\n(1) This section applies if under the misconduct procedures that apply to\na public servant, the public servant has engaged in misconduct.\n(2) The head of service may end the employment of the public servant.\n(3) A decision to end employment for misconduct is not an appellable\ndecision or a reviewable decision.\nNote A public servant may be able to take action in relation to termination of\nemployment under the Fair Work Act 2009 (Cwlth).\n","sortOrder":95},{"sectionNumber":"127","sectionType":"section","heading":"Forfeiture of office","content":"127 Forfeiture of office\n(1) This section applies if an officer is absent from work without\npermission for a continuous period of 4 weeks or more.\n(2) The head of service may give the officer a written notice telling the\nofficer that the officer will be taken to have retired from the service\n2 weeks from the day the notice was sent unless, within the 2-week\nperiod, the officer—\n(a) returns to work; or\n(b) explains the absence and asks the head of service for any further\nperiod of absence that may be necessary having regard to that\nexplanation.\nNote For how documents may be served, see the Legislation Act, pt 19.5.\n(3) The officer is taken to have retired from the service on the day after\nthe end of the 2-week period unless the officer—\n(a) returns to work; or\n(b) explains the absence.\n\n(4) If the officer explains the absence and asks the head of service for a\nfurther period of absence, the head of service must—\n(a) as soon as practicable, consider the matter; and\n(b) tell the officer, in writing, that the officer—\n(i) is given leave for the period, including any conditions on\nthe leave; or\n(ii) must return to work within a stated period (of at least\n2 weeks) or the officer will be taken to have retired from\nthe service at the end of the stated period.\n(5) If an officer is required to return to work within a period stated under\nsubsection (4) (b) (ii) and the officer does not return to work in the\nperiod, the officer is taken to have retired from the service on the day\nafter the end of the period.\n\nPreliminary Division 7.1\n","sortOrder":96},{"sectionNumber":"Div 7","sectionType":"division","heading":"1 Preliminary","content":"Division 7.1 Preliminary\n","sortOrder":97},{"sectionNumber":"128","sectionType":"section","heading":"Definitions—pt 7","content":"128 Definitions—pt 7\ndeclaration, of the result of an election, means—\n(a) if the election result is challenged, the earlier of—\n(i) the determination of the challenge by a court of disputed\nreturns (however described); or\n(ii) the lapsing of the challenge; or\n(b) in any other case—the date the election is declared.\nelection candidate means a candidate for election as—\n(a) a member of the Legislative Assembly; or\n(b) a member of a House of the Parliament of the Commonwealth\nor a State; or\n(c) a member of the Legislative Assembly for the Northern\nTerritory; or\n(d) a member of a legislative or advisory body.\nexonerated, in relation to a former public servant, means—\n(a) the former public servant is convicted of an offence; and\n(b) because of the conviction or a related misconduct procedure,\ndisciplinary action taken for the public servant included ending\nthe public servant’s employment; and\n\n(c) after the disciplinary action is taken the former public servant—\n(i) has the conviction quashed, nullified or set aside; or\n(ii) is pardoned or released from prison as a result of an inquiry\ninto the conviction.\nunsuccessful election candidate means a person who—\n(a) was a public servant; and\n(b) ended employment with the service to become an election\ncandidate within 6 months before the day nominations to be an\nelection candidate closed; and\n(c) was an election candidate; and\n(d) failed to be elected.\n","sortOrder":98},{"sectionNumber":"129","sectionType":"section","heading":"Limitation on re-engagement of SES member","content":"129 Limitation on re-engagement of SES member\n(1) This section applies to a former SES member if—\n(a) the SES member’s engagement was ended under section 38\n(End of SES member’s engagement); or\n(b) the SES member resigned under section 39 (SES member may\nresign).\n(2) The former SES member must not be—\n(a) re-engaged in a vacant SES position until any exclusion period\nhas ended; and\n(b) for a former SES member whose engagement was ended under\nsection 38—engaged in a vacant SES position on a permanent\nbasis—\n(i) less than 12 months after the last day of the SES member’s\nformer engagement; or\n\nFormer SES member Division 7.2\n(ii) if the SES member is paid an amount in addition to an\namount under section 241 (Payment on leaving the service)\n(an additional amount)—less than 24 months after the last\nday of the SES member’s former engagement.\n(3) The exclusion period, in days, is worked out as follows:\nadditional amount\naverage daily salary over the last year of engagement\n","sortOrder":99},{"sectionNumber":"130","sectionType":"section","heading":"Re-engagement of SES member after abandonment of","content":"130 Re-engagement of SES member after abandonment of\nemployment\n(1) This section applies to a former SES member whose engagement was\nended under section 40 (End of engagement by resignation—\nabandonment of engagement by SES member).\n(2) Within a reasonable time, the former SES member may ask to be\nre-engaged.\n(3) The former SES member must be engaged in a suitable SES position\nif the engager for the SES position considers the request is reasonable.\n","sortOrder":100},{"sectionNumber":"131","sectionType":"section","heading":"Re-engagement of SES member if unsuccessful election","content":"131 Re-engagement of SES member if unsuccessful election\n(1) This section applies to a former SES member if the former SES\nmember is an unsuccessful election candidate.\nformer SES member may ask, in writing, to be re-engaged.\n(3) The former SES member must be engaged in an SES position if the\nengager for the SES position considers the request is reasonable.\n\n(4) The engagement must be—\n(a) to—\n(i) the SES position in which the person had been engaged\nimmediately before the SES member’s contract was\nterminated; or\n(ii) an SES position as similar as possible to that SES position;\nand\n(b) for the period ending on the same day as the terminated contract\nwas due to end.\n","sortOrder":101},{"sectionNumber":"132","sectionType":"section","heading":"Re-engagement of SES member after quashing etc of","content":"132 Re-engagement of SES member after quashing etc of\nconviction\n(1) This section applies to a former SES member if the former SES\nmember—\n(b) asks within a reasonable time, in writing, for the disciplinary\naction taken against the former SES member to be overturned.\n(2) The former SES member may be engaged in an SES position if the\nengager for the SES position considers the request is reasonable.\n(3) The engager for the SES position may also take other action\nreasonably necessary to overturn the disciplinary action.\n(4) The engagement must be—\n(a) to—\n(i) the SES position in which the person had been engaged\nimmediately before the SES member’s contract was\nterminated; or\n(ii) an SES position as similar as possible to that SES position;\nand\n\nFormer officers Division 7.3\n(b) for the period ending on the same day as the terminated contract\nwas due to end.\n(5) A former SES member who is re-engaged, under this section must be\npaid, for the intervening period, the salary the SES member was paid\nimmediately before the former engagement ended.\n","sortOrder":102},{"sectionNumber":"133","sectionType":"section","heading":"Reappointment of former excess officer","content":"133 Reappointment of former excess officer\nThe head of service may reappoint a former excess officer if the\nformer officer—\n(a) was retired from the service under section 123 (Reduction in\nclassification or retirement)—\n(i) involuntarily within the previous year; or\n(ii) voluntarily within the previous 2 years; and\n(b) received a payment from the Territory or a territory\ninstrumentality for being retired.\n","sortOrder":103},{"sectionNumber":"134","sectionType":"section","heading":"No engagement or employment of certain former excess","content":"134 No engagement or employment of certain former excess\nofficers in certain circumstances\n(1) This section applies to a former excess officer if the former officer—\n(a) was retired from the service under section 123 (Reduction in\nclassification or retirement)—\n(i) involuntarily within the previous year; or\n(ii) voluntarily within the previous 2 years; or\n(b) received a payment from the Territory or a territory\ninstrumentality for being retired.\n\n(2) The head of service must not—\n(a) engage the former excess officer as an executive or\ndirector-general; or\n(b) employ the former excess officer as an employee.\n","sortOrder":104},{"sectionNumber":"135","sectionType":"section","heading":"Reappointment of officer after forfeiture of office","content":"135 Reappointment of officer after forfeiture of office\n(1) A former officer who is taken to have retired under section 127\n(Forfeiture of office) may apply to the head of service, in writing, for\nreappointment to the service.\n(2) If the head of service is satisfied that the former officer had, in all the\ncircumstances, reasonable grounds for being absent, the head of\nservice must reappoint the former officer to—\n(a) the office occupied by the former officer immediately before the\nformer officer is taken to have retired; or\n(b) if that office is not available—an equivalent office, or an office\nas similar as possible, to that office; or\n(c) with the written consent of the former officer—another office.\n(3) If the head of service is not satisfied that the former officer had, in all\nthe circumstances, reasonable grounds for being absent, the head of\nservice must refuse the former officer.\n(4) If the head of service refuses a former officer, the head of service\nmust give the former officer written notice of the refusal and the\nreasons for the refusal.\n(5) A former officer who is reappointed under this section is taken to\nhave—\n(a) continuity of service as prescribed; and\n(b) recognition of prior service as prescribed.\n\nFormer officers Division 7.3\n","sortOrder":105},{"sectionNumber":"136","sectionType":"section","heading":"Reappointment of officer if unsuccessful election","content":"136 Reappointment of officer if unsuccessful election\n(1) This section applies to a former officer if the former officer is an\nunsuccessful election candidate.\nformer officer may ask the head of service, in writing, to be\nreappointed.\n(3) After receiving a request under subsection (2), the head of service\nmust reappoint the person—\n(a) to the office occupied by the person immediately before the\nperson’s appointment was ended (the last office); or\n(b) if the last office is not vacant—to an equivalent office in the\nsame administrative unit as the last office; or\n(c) if an equivalent office is not available—as an unattached officer\nwith the same classification as the last office.\n","sortOrder":106},{"sectionNumber":"137","sectionType":"section","heading":"Reappointment of officer after quashing etc of conviction","content":"137 Reappointment of officer after quashing etc of conviction\n(1) This section applies to a former officer if the former officer—\n(b) asks the head of service within a reasonable time, in writing, for\nthe disciplinary action taken against the former officer to be\noverturned.\n(2) The head of service must consider the former officer’s request and—\n(a) do 1 or both of the following:\n(i) reappoint the former officer;\n(ii) take other action reasonably necessary to overturn the\ndisciplinary action; or\n(b) refuse the request.\n\n(3) For subsection (2) (a) (i) the head of service must reappoint the\nperson—\n(a) to the office occupied by the person immediately before the\nperson’s employment was ended (the last office); or\n(b) if the last office is not vacant—to an equivalent office in the\nsame administrative unit as the last office; or\n(c) if an equivalent office is not available—as an unattached officer\nwith the same classification as the last office.\n(4) A former officer who is reappointed under this section must be paid,\nfor the intervening period, the salary the officer was paid immediately\nbefore the head of service ended the officer’s appointment.\n","sortOrder":107},{"sectionNumber":"138","sectionType":"section","heading":"No reappointment of former officer in certain","content":"138 No reappointment of former officer in certain\ncircumstances\n(1) The head of service must not reappoint a former officer if, at any time,\nthe former officer’s—\n(a) employment in the service ended for underperformance in\naccordance with section 125 (Underperformance) or misconduct\nunder section 126 (End of employment for misconduct); or\n(b) prescribed employment ended on grounds similar to the grounds\nfor misconduct or underperformance under this Act.\n(2) For subsection (1), if the former officer was dismissed because a court\nfound the former officer committed a criminal offence, the former\nofficer may be reappointed if—\n(a) the finding of the court is nullified or set aside; or\n\nFormer employee Division 7.4\n(b) if a person was convicted on the basis of the finding—the\nconviction is quashed, nullified or the person is pardoned or\nreleased from prison.\n(3) The head of service must not reappoint a former officer for the\n12-month period starting on the day the former officer’s employment\nended under—\n(a) section 70 (4) (Appointment on probation); or\n(b) section 71 (4) (Appointment on probation—prescribed training\noffice); or\n(c) section 71A (4) (Appointment on probation—teachers); or\n(d) section 71B (5) (Extension of period of probation).\ncriminal offence means an offence against a law of—\n(a) the Territory; or\n(b) the Commonwealth; or\n(c) a State that, if committed in the ACT would constitute an\noffence against a law of the Territory; or\n(d) a foreign country that, if committed in the ACT would constitute\nan offence against a law of the Territory or the Commonwealth.\n","sortOrder":108},{"sectionNumber":"139","sectionType":"section","heading":"Re-employment of employee if unsuccessful election","content":"139 Re-employment of employee if unsuccessful election\n(1) This section applies to a former employee if the former employee is\nan unsuccessful election candidate.\nformer employee may ask the head of service, in writing, to be\nre-employed.\n\n(3) After receiving a request under subsection (2), the head of service\nmust employ the person in the same or a similar capacity with the\nsame rate of pay as that payable to the person immediately before the\nperson’s employment ended.\n","sortOrder":109},{"sectionNumber":"140","sectionType":"section","heading":"Re-employment of employee after quashing etc of","content":"140 Re-employment of employee after quashing etc of\nconviction\n(1) This section applies to a former fixed-term employee if the former\nemployee—\n(b) asks the head of service within a reasonable time, in writing, for\nthe disciplinary action taken against the former employee to be\noverturned.\n(2) The head of service must consider the former employee’s request\nand—\n(a) do 1 or both of the following:\n(i) re-employ the former employee;\n(ii) take other action reasonably necessary to overturn the\ndisciplinary action; or\n(b) refuse the request.\n(3) For subsection (2) (a) (i), the head of service must employ the person\nin the same or a similar capacity with the same rate of pay as that\npayable to the person immediately before the person’s employment\nended.\n(4) A former employee who is re-employed under this section must be\npaid, for the intervening period, the salary the employee was paid\nimmediately before the head of service ended the employee’s\nemployment.\n\nFormer employee Division 7.4\n","sortOrder":110},{"sectionNumber":"141","sectionType":"section","heading":"Re-employment after maternity leave","content":"141 Re-employment after maternity leave\n(1) This section applies to a former fixed-term employee if the former\nemployee applies for fixed-term employment within 24 months of\nbeginning a period of maternity leave if the former employee’s\nemployment ended during a period of unpaid maternity leave.\n(2) The head of service must consider the former employee’s application\nbefore any other applicant, and if the former employee is an eligible\nperson for the employment the former employee must be employed.\n(3) If 2 or more former employees to whom this section applies apply for\nthe same employment, the head of service must undertake a\ncomparative assessment of the former employees and employ the\nmost suitable.\nmaternity leave means maternity leave under an industrial\n\n","sortOrder":111},{"sectionNumber":"Div 8","sectionType":"division","heading":"1 Public Sector Standards","content":"Division 8.1 Public Sector Standards\nCommissioner\n","sortOrder":112},{"sectionNumber":"142","sectionType":"section","heading":"Appointment of commissioner","content":"142 Appointment of commissioner\n(1) The Chief Minister may appoint a person as the Public Sector\nStandards Commissioner (the commissioner).\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, an appointment may be made by naming a person or\nnominating the occupant of a position (see Legislation Act, s 207).\n(2) If a public servant is appointed as the commissioner, the public\nservant must end employment in the service before the appointment\ncommences.\n(3) An appointment must be for a period of not longer than 5 years.\nNote A person may be reappointed to a position if the person is eligible to be\nappointed to the position (see Legislation Act, s 208 and dict, pt 1,\ndef appoint).\n(4) The Legislation Act, division 19.3.3 (Appointments—Assembly\nconsultation) does not apply to the appointment of a person as\ncommissioner.\n(5) An appointment is a notifiable instrument.\n","sortOrder":113},{"sectionNumber":"143","sectionType":"section","heading":"Arrangements for commissioner from another","content":"143 Arrangements for commissioner from another\njurisdiction to exercise functions\nIf an appointment is not made under section 142, the Chief Minister\nmust make arrangements for the commissioner (however described)\nresponsible for exercising functions under a Commonwealth or State\nlaw that substantially correspond to this Act to exercise 1 or more of\nthe functions of the commissioner.\n\nPublic Sector Standards Commissioner Division 8.1\n","sortOrder":114},{"sectionNumber":"143A","sectionType":"section","heading":"Independence of commissioner","content":"143A Independence of commissioner\nSubject to this Act and to other territory laws, the commissioner has\ncomplete discretion in the exercise of the commissioner’s functions.\n","sortOrder":115},{"sectionNumber":"144","sectionType":"section","heading":"Functions of commissioner","content":"144 Functions of commissioner\n(1) The commissioner has the following functions:\n(a) to conduct investigations—\n(i) about a matter declared by the Chief Minister in the way\nprescribed; and\n(ii) under an industrial instrument in accordance with\nsubsection (2);\n(b) to provide advice to the Chief Minister about matters arising\nfrom an investigation conducted by the commissioner;\n(c) in connection with an investigation conducted by the\ncommissioner—to promote and provide advice about the public\nsector values, the public sector principles and the conduct\nrequired under this Act;\n(d) to exercise any function given to the commissioner under this\nAct or another law applying in the Territory.\n\n(2) A function given to the head of service under an industrial instrument\nin relation to an investigation, appeal or review (an investigation\nfunction) may be exercised by the commissioner.\n(3) The commissioner may delegate an investigation function to a public\nservant or another person.\nNote For the making of delegations and the exercise of delegated functions,\n(4) Nothing in this section limits the exercise of an investigation function\nby the head of service.\n(5) A declaration of a matter by the Chief Minister is a notifiable\n","sortOrder":116},{"sectionNumber":"145","sectionType":"section","heading":"Leave of absence for commissioner","content":"145 Leave of absence for commissioner\nThe Chief Minister may approve, in writing, leave of absence for the\ncommissioner on the terms the Chief Minister decides.\n","sortOrder":117},{"sectionNumber":"146","sectionType":"section","heading":"Suspension and removal of commissioner","content":"146 Suspension and removal of commissioner\n(1) The Chief Minister may suspend the commissioner—\n(a) for alleged misconduct; or\n(b) for physical or mental incapacity, if the incapacity affects the\ncommissioner’s ability to exercise a function; or\n\nPublic Sector Standards Commissioner Division 8.1\n(c) if the commissioner is convicted, or found guilty, in the ACT of\nan offence punishable by imprisonment for at least 1 year; or\n(d) if the commissioner is convicted, or found guilty, outside the\nACT of an offence that, if it had been committed in the ACT,\nwould be punishable by imprisonment for at least 1 year.\nNote Found guilty—see the Legislation Act, dictionary, pt 1.\n(2) The Chief Minister must present the Legislative Assembly with a\nstatement of the reasons for the suspension not later than the\nfirst sitting day after the day the commissioner is suspended.\n(3) If, not later than 6 sitting days after the day the statement is presented,\nthe Legislative Assembly resolves to require the Chief Minister to end\nthe commissioner’s appointment, the Chief Minister must end the\ncommissioner’s appointment.\n(4) The commissioner’s suspension ends—\n(a) if the Chief Minister does not comply with subsection (2)—\nat the end of the day the Chief Minister should have presented\nto the Legislative Assembly the statement mentioned in that\nsubsection; or\n(b) if the Assembly does not pass a resolution mentioned in\nsubsection (3) before the end of the 6 sitting days—at the end of\nthe 6th sitting day.\nNote An appointment also ends if the appointee resigns (see Legislation Act,\ns 210).\n(5) The commissioner is entitled to be paid salary and allowances while\nsuspended.\n","sortOrder":118},{"sectionNumber":"147","sectionType":"section","heading":"Ending commissioner’s appointment without suspension","content":"147 Ending commissioner’s appointment without suspension\n(1) The Chief Minister must end the commissioner’s appointment if the\ncommissioner—\n(a) becomes bankrupt or personally insolvent; or\n\n(b) is absent, other than on approved leave, for 14 consecutive days\nor for 28 days in any 12-month period.\n(2) The Chief Minister may, with the consent of the commissioner, end\nthe commissioner’s appointment on the ground of physical or mental\nincapacity.\n","sortOrder":119},{"sectionNumber":"148","sectionType":"section","heading":"Arrangements for staff and facilities","content":"148 Arrangements for staff and facilities\nThe commissioner may make arrangements with the head of service\nto use the services of public servants or Territory facilities.\nNote The head of service may delegate powers in relation to the management\nof employees to the commissioner (see s 18).\n","sortOrder":120},{"sectionNumber":"149","sectionType":"section","heading":"Delegation by commissioner","content":"149 Delegation by commissioner\n(1) The commissioner may—\nto the commissioner under this Act or any other law applying in\nthe ACT; or\ndelegated to the commissioner under a law other than this Act.\nNote 1 For the making of delegations and the exercise of a delegated function,\nNote 2 A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see Legislation\nAct, s 104).\n(2) However, the commissioner must not delegate or subdelegate a\nsatisfied that the function needs to be undertaken by a person who is\n\n","sortOrder":121},{"sectionNumber":"149A","sectionType":"section","heading":"Independence of public employees exercising","content":"149A Independence of public employees exercising\ncommissioner functions\nA public employee exercising a function of the commissioner is not\nsubject to direction from anyone other than the following people in\nrelation to the exercise of the function:\n(a) the commissioner;\n(b) another public employee authorised by the commissioner to give\ndirections.\n","sortOrder":122},{"sectionNumber":"150","sectionType":"section","heading":"Meaning of public sector member etc","content":"150 Meaning of public sector member etc\n(1) In this Act:\npublic sector member—\n(a) means the following:\n(i) a statutory office-holder;\nNote 1 Statutory office-holder—see the Legislation Act,\ndictionary, pt 1.\nNote 2 A statutory office-holder may also be a public servant.\n(ii) a person employed by a statutory office-holder;\n(iii) if a statutory office-holder enters into an arrangement with\nthe head of service under a territory law for the use of the\nservices of a public servant—the public servant; but\n(b) does not include the following:\n(i) the Chief Justice or a judge;\n(ii) the Chief Magistrate, a magistrate or any office that must\nbe occupied by a magistrate;\n\n(iii) a person mentioned in paragraph (a) to the extent that the\nperson exercises a judicial function;\n(iv) an ACAT tribunal member to the extent that the member\nexercises a function in relation to a hearing of a proceeding\nbefore the ACAT;\n(v) a prescribed person.\nNote 1 Chief Justice, judge, Chief Magistrate, magistrate and ACAT—\nsee the Legislation Act, dictionary, pt 1.\nNote 2 A management standard may prescribe that a person is a public\nsector member (see s 156).\n(2) In this division:\nemploy, includes appoint or engage.\n","sortOrder":123},{"sectionNumber":"151","sectionType":"section","heading":"Public sector standards for public sector member etc","content":"151 Public sector standards for public sector member etc\n(1) Division 2.1 (Public sector standards) applies to the following to the\nextent that the application of division 2.1 is consistent with the\nexercise of the member’s functions:\n(a) a public sector member;\n(b) a person employed by a territory instrumentality.\nExample\nA public sector member has a function under an Act that requires the member to\nreport to the Legislative Assembly on the Territory’s compliance with certain\nterritory laws and to advocate for compliance with the laws. The member tables a\nreport in the Assembly that identifies non-compliance by the Territory. The member\ndoes not fail to comply with s 9 (2) (a) which is about damage to the reputation of\nthe public sector or the Executive by tabling the report or publicly commenting on\nthe report.\n(2) For section 9 (4), a discloser must tell—\n(a) for a public sector member employed under this Act—\n(i) the public sector employer who employed the discloser; or\n\n(ii) if the alleged maladministration or misconduct is by the\npublic sector employer—the head of service; and\n(b) for a public sector member not employed under this Act—the\n","sortOrder":124},{"sectionNumber":"152","sectionType":"section","heading":"Certain office-holders have management powers","content":"152 Certain office-holders have management powers\n(1) This section applies if a territory law states that—\n(a) a statutory office-holder or chief executive officer (a public\nsector employer) may employ staff; and\n(b) the staff must be employed under this Act.\n(2) A management provision under this Act applies to the public sector\nemployer as if—\n(a) a reference to the head of service or a director-general is taken\nto be a reference to the public sector employer, to the extent that\nthe application of the management provision is consistent with\nthe exercise of the public sector employer’s functions; and\n(b) a reference to an officer is taken to be a reference to a public\nsector employer’s staff member who is employed on a\npermanent basis; and\n(c) a reference to an employee is taken to be a reference to a public\nsector employer’s staff member who is employed on a\ntemporary basis; and\n(d) a reference to an office is a reference to the staff member’s terms\nof employment; and\n(e) for division 3.2 (Management of the service)—a reference to a\nfunction the head of service must exercise is a reference to a\nfunction that a public sector employer may exercise; and\n(f) any other necessary change is made.\n\n(3) The public sector employer—\n(a) must give the head of service any information about a staff\nmember that is requested by the head of service because the\ninformation is relevant to the exercise of the head of service’s\nfunctions; and\n(b) may exercise a function under an industrial instrument in\nrelation to a staff member, as if the public sector employer were\nthe head of service; and\n(c) unless otherwise stated in a territory law—may delegate a\nfunction given to the public sector employer under this section\nto the following:\n(i) a staff member;\n(ii) an officer or employee;\n(iii) an SES member.\n(4) The public sector employer may—\nto the public sector employer under this Act or another territory\nlaw; or\ndelegated to the public sector employer under this Act or another\nterritory law.\n(5) However, the public sector employer must not delegate or\nsubdelegate a function to a person who is not a public employee\nwithout first being satisfied that the function needs to be exercised by\na person who is not a public employee.\n\nmanagement provision means the following:\n(a) part 4 (Engagement of senior executive service) to the extent\nthat it applies to the engagement of an executive;\n(b) part 5 (Employment of officers and employees);\n(c) part 6 (Redeployment, underperformance and end of\nemployment of officers);\n(d) part 7 (Re-entry to the service);\n(e) part 9 (Review and appeal);\n(f) part 10 (Miscellaneous) other than section 251 (Management\nstandards);\n(g) a management standard made by the head of service in relation\nto a provision in part 4 (to the extent that it applies to the\nengagement of an executive), part 5, part 6, part 7, part 9 or\npart 10;\n(h) a management standard prescribed to be a management\nprovision.\n","sortOrder":125},{"sectionNumber":"153","sectionType":"section","heading":"Application of whole-of-government strategies","content":"153 Application of whole-of-government strategies\nA whole-of-government strategy applies to a public sector employer\nand the staff of the public sector employer employed under this Act,\nif the strategy—\n(a) relates to the employment or management of staff; or\n(b) is prescribed for this section.\n","sortOrder":126},{"sectionNumber":"154","sectionType":"section","heading":"Alleged misconduct by statutory office-holder etc","content":"154 Alleged misconduct by statutory office-holder etc\n(1) This section applies to an allegation of misconduct by a statutory\noffice-holder or chief executive officer of a territory instrumentality.\n\n(2) The commissioner must investigate the allegation if requested to do\nso by the person with responsibility for appointing the statutory\noffice-holder or chief executive officer (the appointer).\nNote If an industrial instrument covers a statutory office-holder’s staff, the\nindustrial instrument may include procedures for misconduct.\n(3) The commissioner, unless otherwise stated, in writing, by the\nappointer—\n(a) must investigate the alleged misconduct in the same way alleged\nmisconduct would be investigated by the commissioner under\nthis Act; and\n(b) has the same powers to investigate the alleged misconduct as the\ncommissioner has to investigate alleged misconduct by a public\nservant.\n","sortOrder":127},{"sectionNumber":"155","sectionType":"section","heading":"Alleged mismanagement of public sector employer’s staff","content":"155 Alleged mismanagement of public sector employer’s staff\netc\n(1) If the commissioner receives a complaint about a management matter,\nthe commissioner—\n(a) must investigate the management matter in the same way a\nmanagement matter in the service would be investigated by the\ncommissioner under this Act; and\n(b) has the powers given to the commissioner under this Act to\ninvestigate a management matter in relation to a staff member\nas if the member were a public servant.\n\nmanagement matter means anything done by—\n(a) a public sector employer in relation to the management of the\npublic sector employer’s staff; or\n(b) the chief executive officer of a territory instrumentality in\nrelation to the management of the staff of a territory\ninstrumentality.\n","sortOrder":128},{"sectionNumber":"156","sectionType":"section","heading":"Prescribed public sector member","content":"156 Prescribed public sector member\n(1) The head of service may make a management standard to prescribe—\n(a) that a person is a public sector member (a prescribed public\nsector member); and\n(b) that some or all of the management provisions apply to a stated\nperson employing a prescribed public sector member; and\n(c) procedures in relation to alleged misconduct by a prescribed\npublic sector member; and\n(d) procedures in relation to alleged mismanagement of a prescribed\npublic sector member.\nmanagement provision—see section 152 (6).\n\n","sortOrder":129},{"sectionNumber":"223","sectionType":"section","heading":"Definitions—pt 9","content":"223 Definitions—pt 9\nappellable decision means a decision mentioned in schedule 2,\ncolumn 3 under a provision of this Act mentioned in column 2 in\nreviewable decision means a decision mentioned in schedule 1,\ncolumn 3 under a provision of this Act mentioned in column 2 in\n","sortOrder":130},{"sectionNumber":"224","sectionType":"section","heading":"Reviewable decision—notice and review","content":"224 Reviewable decision—notice and review\n(1) A person who makes a reviewable decision must give written notice\nof the decision to an officer mentioned in schedule 1, column 4 in\n(2) An officer mentioned in schedule 1, column 4 in relation to a decision\nmay apply for review of the decision.\n","sortOrder":131},{"sectionNumber":"225","sectionType":"section","heading":"Appellable decision—notice and appeal","content":"225 Appellable decision—notice and appeal\n(1) A person who makes an appellable decision must give written notice\nof the decision to an officer mentioned in schedule 2, column 4 in\n(2) An officer mentioned in schedule 2, column 4 in relation to a decision\nmay appeal the decision.\n\n","sortOrder":132},{"sectionNumber":"241","sectionType":"section","heading":"Payment on leaving the service","content":"241 Payment on leaving the service\n(1) This section applies to a public servant if the public servant’s\nengagement, appointment or employment in the service ends.\n(2) The head of service must pay, or withhold from, the public servant\nany prescribed amount.\n","sortOrder":133},{"sectionNumber":"242","sectionType":"section","heading":"Authorisation to share protected information","content":"242 Authorisation to share protected information\n(1) This section applies despite any other territory law.\n(2) An information holder is authorised to disclose protected information\nto the following people, if the protected information is required by the\nperson for the exercise of a function under this Act or an industrial\ninstrument:\n(a) another information holder;\n(b) a person authorised by an information holder to receive the\ninformation.\ndisclose includes communicate or publish.\ninformation means information, whether true or not, in any form and\nincludes an opinion and advice.\ninformation holder means—\n(a) a person who is or has been—\n(i) the head of service; or\n(ii) a director-general; or\n(iii) the commissioner; or\n\n(iv) a public sector employer; or\n(v) an employer prescribed under section 156 (1) (b); and\n(b) a person who exercises or has exercised a function on behalf of\nthe Territory under public sector employment legislation.\nprotected information means information about a person that is\ndisclosed to, or obtained by, an information holder because of the\nexercise of a function under the public sector employment legislation\nby the information holder or someone else.\nExamples\n1 a record kept by the head of service for managing an employment matter\n2 information about whether the person is eligible for an SES position\n3 information about a public servant disclosed in relation to a strategy designed\nto ensure the Territory is an equitable employer\npublic sector employment legislation means—\n(a) this Act; and\n(b) the Fair Work Act 2009 (Cwlth); and\n(c) an industrial instrument; and\n(d) any other law prescribed by regulation.\n","sortOrder":134},{"sectionNumber":"242A","sectionType":"section","heading":"Authorisation to share certain personal information with","content":"242A Authorisation to share certain personal information with\nrelevant union\n(1) This section applies to a person who is engaged as an SES member,\nor appointed or employed as an officer or employee, after the\ncommencement date if the person—\n(a) is given a reasonable opportunity to ask that the person’s contact\ninformation not be given to a union; and\n\n(b) does not ask that the person’s contact information not be given\nto a union.\n(2) An information holder is authorised to give contact information about\nthe person to the relevant union for the person.\ncommencement date means the day the Public Sector Management\nAmendment Act 2019, section 3 commences.\ncontact information, for a person, means—\n(a) the person’s full name; and\n(b) the person’s position in the service; and\n(c) where in the service the person is engaged, appointed or\nemployed to work; and\n(d) the person’s ACT Government email address; and\n(e) the person’s ACT Government phone number.\ninformation holder means—\n(a) the head of service; or\n(b) a public sector employer.\nrelevant union, for a person, means an employee organisation\nregistered under the Fair Work (Registered Organisations) Act 2009\n(Cwlth)—\n(a) that is—\n(i) entitled to represent the person’s industrial interests; and\n(ii) covered by an industrial agreement that applies to the\nperson; or\n(b) for an SES member—that is entitled to represent the SES\nmember’s industrial interests.\n\n","sortOrder":135},{"sectionNumber":"243","sectionType":"section","heading":"Protection of people in relation to work reports on","content":"243 Protection of people in relation to work reports on\nofficers or employees\n(1) An action or proceeding does not lie against a person for or in relation\nto any oral or written report made in good faith by that person on or\nin relation to—\n(a) work performed, or proposed to be performed, by an officer or\nemployee; or\n(b) conduct of an officer or employee.\n(2) A report is taken to have been made in good faith if the person by\nwhom the report was made was not actuated by ill will to the officer\nor employee affected or by any other improper motive.\n(3) Subsection (1) does not apply in relation to a report unless—\n(a) the person who made the report believed on reasonable grounds\nthat it was the function or duty of the person to whom the report\nwas made to receive the report; and\n(b) for a report containing matter that was false or misleading in a\nmaterial respect—the person who made the report did not know,\nand could not with reasonable diligence have ascertained, that\nthe report contained matter that was so false or misleading.\n","sortOrder":136},{"sectionNumber":"244","sectionType":"section","heading":"Work outside the service","content":"244 Work outside the service\n(1) A public servant must have the approval of the head of service for\nany of the following activities, other than in the exercise of the public\nservant’s functions:\n(a) employment;\n(b) business activities;\n(c) membership of a board or committee.\n\n(2) However, a public servant does not need approval to be a member or\nshareholder of, or hold an unpaid position in, an incorporated\ncompany, a political party or a body registered under a law of the\nTerritory, a State or the Commonwealth.\nNote State includes the Northern Territory (see Legislation Act, dict, pt 1).\n","sortOrder":137},{"sectionNumber":"245","sectionType":"section","heading":"Additional payment","content":"245 Additional payment\n(1) The head of service may, in writing, approve payment, however\nexpressed, in addition to a public servant’s salary and allowances (an\nadditional payment) for the public servant in relation to the exercise\nof the public servant’s functions.\n(2) The approval may include a condition in relation to the use of the\nadditional payment by the public servant.\n(3) Any additional payment must be made from money appropriated by\nthe Legislative Assembly.\n","sortOrder":138},{"sectionNumber":"246","sectionType":"section","heading":"Repaying overpayment","content":"246 Repaying overpayment\n(1) A public servant must repay any amount paid by the Territory to the\npublic servant to which the public servant is not legally entitled.\n(2) Subsection (1) applies regardless of when the overpayment was\nmade.\n(3) The arrangements for repayment may be agreed between the head of\nservice and the public servant.\n(4) If the head of service and the public servant cannot agree on an\narrangement for repayment within, in the opinion of the head of\nservice, a reasonable period, the head of service may determine\nreasonable arrangements for repayment having regard to—\n(a) the period in which the overpayment occurred; and\n(b) the circumstances of the overpayment; and\n\n(c) the gross and net amount of the overpayment; and\n(d) the public servant’s financial circumstances; and\n(e) any hardship the arrangement may cause to the public servant;\nand\n(f) any other relevant circumstance.\n(5) An arrangement for repayment under subsection (3) or (4) may\nprovide for—\n(a) the deduction of amounts from the public servant’s salary; and\n(b) repayment by instalments.\n","sortOrder":139},{"sectionNumber":"247","sectionType":"section","heading":"Impersonation etc at examinations","content":"247 Impersonation etc at examinations\nA person must not—\n(a) impersonate another person at an examination, including a test,\nheld under this Act; or\n(b) permit another person to impersonate the person at an\nexamination, including a test, held under this Act; or\n(c) before the time when an examination is to be held under this Act,\nimproperly obtain or give a person—\n(i) an examination paper that has been set for an examination\nheld under this Act; or\n(ii) papers relating to an examination paper that has been set\nfor an examination held under this Act.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n\n","sortOrder":140},{"sectionNumber":"249","sectionType":"section","heading":"Imprisonment","content":"249 Imprisonment\n(1) This section applies if an officer in the service is—\n(a) in custody awaiting trial for an offence; or\n(b) in prison following conviction for an offence.\n(2) The officer is taken to be on leave of absence without pay for the\nperiod of custody or imprisonment unless—\n(a) the employment of the officer is terminated for misconduct; or\n(b) the head of service is satisfied that the officer is experiencing\nhardship and is to be paid the whole or part of the officers’ salary\nfor a stated time.\n(3) If the officers’ employment is not terminated for misconduct—\n(a) a period of service before the custody or imprisonment must be\nregarded as continuous with a period of service after the custody\nor imprisonment; and\n(b) the period of custody or imprisonment is not to be regarded as\nservice under this Act or any other Act, unless the head of\nservice decides otherwise.\n(4) If, immediately before a period of custody or imprisonment, an\nofficer was suspended—the suspension is taken to be removed from\nthe start of the period of custody or imprisonment.\n(5) An officer must not be suspended during a period of custody or\nimprisonment.\nsuspended means suspended under an industrial instrument.\n\n","sortOrder":141},{"sectionNumber":"250","sectionType":"section","heading":"Attachment of salary of officers and employees","content":"250 Attachment of salary of officers and employees\n(1) The rule of the common law that debts owing by the Crown for the\nsalaries of its officers and employees are not capable of being\nattached, is, in relation to the Crown in right of the Territory,\nabolished.\n(2) If an order is made by law attaching a debt owing by the Crown in\nright of the Territory, or by a territory instrumentality, in relation to\nthe salary of an officer or employee, the order must be complied with\nout of money lawfully available.\n","sortOrder":142},{"sectionNumber":"250A","sectionType":"section","heading":"Deduction of monetary penalty","content":"250A Deduction of monetary penalty\n(a) a monetary penalty has been imposed on a public servant under\na misconduct procedure; or\n(b) an order for the payment of an amount of money by a public\nservant has been made under a misconduct procedure; or\n(c) a direction for the deduction of an amount of money by a public\nservant has been made under a misconduct procedure.\n(2) The public servant may pay the amount or have the amount deducted\nfrom the public servant’s salary.\n(3) A deduction under this section—\n(a) may be made in instalments; and\n(b) must be made in instalments if the deduction is more than 1/4 of\nthe salary payable to the public servant for a pay period.\n","sortOrder":143},{"sectionNumber":"251","sectionType":"section","heading":"Management standards","content":"251 Management standards\n(1) The head of service may, with the Chief Minister’s written approval,\nmake a management standard for this Act about the following:\n(a) the public sector values;\n\n(b) the public sector principles;\n(c) the conduct required under this Act;\n(d) a management strategy;\n(e) a whole-of-government strategy;\n(f) management and administration in the public sector;\n(g) the organisation of the service;\n(h) management strategies;\n(i) eligibility requirements for the service;\n(j) the senior executive service;\n(k) offices;\n(l) officers;\n(m) employees;\n(n) public sector members;\n(o) the terms of employment for public servants and public sector\nmember;\n(p) work health and safety in the public sector;\n(q) secondment to or from the public sector;\n(r) a matter requested, in writing, by the Chief Minister.\nNote Power to make a statutory instrument (including to make or approve a\nmanagement standard) includes power to make different provision in\nrelation to different matters or different classes of matters, and to make\nan instrument that applies differently by reference to stated exceptions or\nfactors (see Legislation Act, s 48).\n(2) For subsection (1) (c), a management standard is subject to any\ndirection in force under the Director of Public Prosecutions Act 1990,\nsection 12.\n\n(3) The Chief Minister’s approval to make a management standard may\nbe given subject to a condition.\n(4) A management standard is a disallowable instrument.\n(5) The Legislation Act, section 47 (3) and (6) does not apply to a\nCommonwealth law or an ACT enterprise agreement applied, adopted\nor incorporated in a management standard.\nNote A Commonwealth law or an ACT enterprise agreement does not need to\nbe notified under the Legislation Act because s 47 (6) does not apply\n(see Legislation Act, s 47 (7)). Commonwealth laws are accessible at\nwww.legislation.gov.au and ACT enterprise agreements are accessible at\nwww.jobs.act.gov.au.\nACT enterprise agreement means an enterprise agreement, approved\nby the Fair Work Commission under the Fair Work Act 2009 (Cwlth),\nto which the Territory is a party.\nCommonwealth law means a Commonwealth Act or a disallowable\nlegislative instrument under a Commonwealth Act.\ndisallowable legislative instrument, for a Commonwealth Act—\nsee the Legislation Act, section 47 (10).\n","sortOrder":144},{"sectionNumber":"252","sectionType":"section","heading":"Regulation-making power","content":"252 Regulation-making power\nThe Executive may make regulations for this Act.\n\nReviewable decisions Schedule 1\n","sortOrder":145},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Reviewable decisions","content":"Schedule 1 Reviewable decisions\n(see s 224)\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ndecision\ncolumn 4\nofficer\n1 86 promotion to vacant office officer who applied for\n2 87 (5) promotion not in accordance\nwith certain recommendations\nof joint selection committee\n\n","sortOrder":146},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Appellable decisions","content":"Schedule 2 Appellable decisions\nSchedule 2 Appellable decisions\n(see s 225)\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ndecision\ncolumn 4\nofficer\n1 84 promotion of officer to vacant\noffice\n2 85 promotion of officer to vacant\noffice\nexcess officer who applied\nfor transfer\n3 87 (5) promotion not in accordance\nwith certain recommendations\nof joint selection committee\n4 102 temporary transfer to higher\noffice duties\ntemporary transfer to higher\noffice duties\n5 107 promotion or transfer of officer\nto training office\n• officer who applied for\n• unattached officer who\napplied for promotion\n6 123 (2) notice to reduce classification\nor retire from the service\nofficer given notice\n\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACT\n• Australian citizen\n• Chief Minister\n• Commonwealth\n• exercise\n• fail\n• function\n• gazette\n• Legislative Assembly\n• Northern Territory\n• occupy\n• position\n• power\n• public employee\n• public servant\n• state\n• statutory office-holder\n• the Territory.\nadministrative arrangements means a determination made under\nsection 14 (1).\nadministrative unit means a unit of the service established under\nsection 13 (1).\n\nappeal means—\n(a) if an industrial instrument applies to the employee or officer and\nincludes an appeal process—appeal in accordance with the\nappeal process in the industrial instrument; or\n(b) in any other case—appeal in accordance with the prescribed\nappeal process.\nappellable classification, for part 5 (Employment of officers and\nemployees)—see section 63.\nappellable decision, for part 9 (Review and appeal)—see section 223.\nauthorised doctor means a doctor authorised by the head of service\nto—\n(a) perform medical examinations under this Act; and\n(b) make recommendations under this Act in relation to\nredeployment or retirement; and\n(c) make recommendations under this Act in relation to the health\nand physical fitness of officers whose appointment to the service\non probation has not been confirmed.\nbest practice principle—see section 8 (4).\nchief executive officer, of a territory instrumentality, means the\nperson who has responsibility for managing the affairs of the\ninstrumentality.\nclassification—\n(a) for an SES position, means a prescribed classification; and\n(b) for an office, means—\n(i) if a classification in an industrial instrument applies to the\noffice—the classification; or\n(ii) in any other case—a prescribed classification.\n\ncommissioner means the Public Sector Standards Commissioner\nappointed under section 142 (1).\nconfirmed officer, for part 6 (Redeployment, underperformance and\nend of employment of officers)—see section 120.\ndeclaration, of the result of an election, for part 7 (Re-entry to the\nservice)—see section 128.\ndirector-general means a person engaged as a director-general under\nsection 31 (2).\nelection candidate, for part 7 (Re-entry to the service)—see\nsection 128.\neligible person, for appointment, secondment, engagement or\nemployment as a public servant, means a person who—\n(a) satisfies any of the following:\n(i) is an Australian citizen;\n(ii) is a permanent resident of Australia;\n(iii) holds a visa that permits the person to work in the service;\nand\n(b) is capable of—\n(i) upholding the public sector values; and\n(ii) exercising each function that the person is, or will be,\nemployed to exercise, in accordance with the best practice\nprinciple; and\n(iii) acting consistently with section 9 (Public sector conduct);\nand\n(c) holds all qualifications required to lawfully exercise every\nfunction that the person is, or will be, appointed, engaged or\nemployed to exercise.\nemploy, for division 8.2 (Public sector members)—see\nsection 150 (2).\n\nemployee means—\n(a) a person engaged under division 5.8 (Temporary employment);\nor\n(b) a person who is an employee because of the Public Sector\nManagement (Consequential and Transitional Provisions)\nAct 1994.\nengager means—\n(a) for the engagement of the head of service—the Chief Minister;\nand\n(b) for the engagement of a director-general or an executive—the\nequitable employer means an employer that—\n(a) employs, and provides fair and equitable opportunities for\ntraining and career development to, individuals—\n(i) from diverse cultural, language and religious backgrounds;\nand\n(ii) of different gender; and\n(iii) of different sexual orientation; and\n(iv) with disability; and\n(v) of different working age; and\n(b) complies with and models commitment to anti-discrimination\nlegislation.\nExample—par (b)\nincluding a reasonable adjustment guide in procedures for staff management\nexcess officer includes—\n(a) an officer employed in an administrative unit in which there is a\ngreater number of officers than is necessary for the efficient and\neconomical working of the unit; or\n\n(b) an officer whose services cannot be effectively used because\nof—\n(i) technological or other changes in the work methods of the\n(ii) changes in the nature, extent or organisation of the\nfunctions of the administrative unit; or\n(c) if the functions usually exercised by an officer are required by\nthe head of service to be exercised in a new location—an officer\nwho is not willing to exercise the functions at the new location.\nexecutive means a person engaged as an executive under\nsection 31 (2).\nexonerated, in relation to a former public servant, for part 7 (Re-entry\nto the service)—see section 128.\nhead of service means the person engaged as the head of service\nunder section 31 (1).\nincapacitated, for part 6 (Redeployment, underperformance and end\nof employment of officers)—see section 120.\nindustrial instrument means an instrument—\n(a) made under, or recognised by, a workplace law as defined by the\nFair Work Act 2009 (Cwlth); and\n(b) concerning the relationship between employers and employees;\nand\n(c) that covers 1 or more officer or employee.\nineligible, for part 6 (Redeployment, underperformance and end of\nemployment of officers)—see section 120.\njob, of a public servant, for division 2.1 (Public sector standards)—\nsee section 6.\njoint council means the forum established under section 28.\n\njoint selection committee, for part 5 (Employment of officers and\nemployees)—see section 63.\nmanagement standards means the management standards made\nunder section 251.\nmanagement strategy means a strategy made under section 26.\nmerit and equity principle—see section 8 (4).\nmisconduct, by a public servant, means failure to comply with\nsection 9 (Public sector conduct).\nmisconduct procedure, in relation to a public servant, means—\n(a) if an industrial instrument covers the public servant and includes\nprocedures for misconduct—the misconduct procedures in the\nindustrial instrument; or\n(b) in any other case—a prescribed procedure.\noffice means an office established under section 23.\nofficer means a person who is—\n(a) an officer because of the Public Sector Management\n(Consequential and Transitional Provisions) Act 1994; or\n(b) appointed as an officer under division 5.3 (Appointment of\nofficers) or part 7 (Re-entry to the service).\npart-time office means an office in relation to which a declaration\nunder section 66 is in force.\npermanent resident means—\n(a) a person who holds a permanent visa for the Migration Act 1958\n(Cwlth), section 30; or\n(b) a New Zealand citizen who holds a special category visa under\nthe Migration Act 1958 (Cwlth), section 32.\nprescribed means prescribed by the management standards.\n\nprincipal union, for an office, means the relevant union with the\nlargest number of members in the service occupying positions at the\nsame classification level as the office.\npromotion, in relation to an officer, means a permanent movement of\nan officer within the service to an office with a higher classification\nthan the office that the officer was appointed to immediately before\nthe promotion.\nNote The comparative level of classifications is determined by the maximum\nsalary payable to a classification (see s 23 (3)).\npublic sector means the following:\n(a) the service;\n(b) entities in which public sector members are employed that are\nowned or operated by the Territory or a territory instrumentality.\npublic sector employer—see section 152 (1).\npublic sector member—see section 150.\npublic sector principles—see section 8 (1).\npublic sector values—see section 7.\nqualification includes the following:\n(a) an academic qualification;\n(b) an apprenticeship;\n(c) a licence;\n(d) membership of a professional body;\n(e) a registration;\n(f) a security clearance.\nrelevant union, for an office, means an employee organisation—\n(a) registered under the Fair Work (Registered Organisations)\nAct 2009 (Cwlth); and\n\n(b) entitled to represent the industrial interests of 1 or more people\nworking in the administrative unit in which the office exists; and\n(c) covered by an industrial agreement that applies to 1 or more\npeople working in the administrative unit in which the office\nexists.\nreviewable decision, for part 9 (Review and appeal)—see\nsection 223.\nsenior executive service—see section 12 (3) (a).\nservice means the ACT Public Service established under\nsection 12 (1).\nSES member means a member of the service in the senior executive\nservice.\nSES position, for an SES member, means the position in which the\nmember is engaged, as set out in the member’s contract.\nSETs, for part 4 (Engagement of senior executive service)—see\nstatutory employment terms.\nstatutory employment terms or (SETs), for an SES member, for\npart 4 (Engagement of senior executive service)—see section 30.\nterritory instrumentality—\n(a) means a corporation established under an Act or statutory\ninstrument, or under the Corporations Act, that is—\n(i) comprised of people, or has a governing body comprised\nof people, a majority of whom are appointed by—\n(A) a Minister; or\n(B) the head of service; or\n(C) a director-general; or\n(D) a statutory office-holder; or\n(ii) subject to control or direction by a Minister; but\n\n(b) does not include—\n(i) an administrative unit or a part of an administrative unit; or\n(ii) a body that is prescribed.\ntransfer, in relation to an officer, means a permanent or temporary\nmovement of an officer within the service between 2 offices, other\nthan by promotion.\nunattached officer means an officer who does not hold an office.\nunsuccessful election candidate, for part 7 (Re-entry to the\nservice)—see section 128.\nunsuitability criteria, for part 5 (Employment of officers and\nemployees)—see section 70 (4).\nvacant office—\n(a) means an office that is not occupied; and\n(b) includes an office that is expected to become vacant.\nwhole-of-government strategy, for the service, means a formal or\ninformal strategy, target, policy, program or service, approved in\nwriting by the head of service, that—\n(a) relates to matters for which more than 1 administrative unit is\nresponsible; and\n(b) requires public servants in more than 1 administrative unit to\nexercise a function.\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nPublic Sector Management Act 1994 A1994-37\nnotified 30 June 1994 (Gaz 1994 No S121)\ns 1, s 2 commenced 30 June 1994 (s 2 (1))\nremainder commenced 1 July 1994 (s 2 (2) and Gaz 1994 No S142)\nas amended by\nPublic Interest Disclosure Act 1994 A1994-108 s 40\nnotified 22 December 1994 (Gaz 1994 No S289)\ns 1, s 2 commenced 22 December 1994 (s 2 (1))\ns 40 commenced 21 June 1995 (s 2 (2) and Gaz 1995 No S126)\nElectricity and Water (Corporatisation) (Consequential Amendments)\nAct 1995 A1995-7 sch\nnotified 28 June 1995 (Gaz 1995 No S148)\ncommenced 1 July 1995 (s 2)\nPublic Sector Management (Amendment) Act 1995 A1995-51\nnotified 20 December 1995 (Gaz 1995 No S313)\ns 1, s 2 commenced 20 December 1995 (s 2 (1))\nremainder commenced 21 December 1995 (s 2 (2) and Gaz 1995\nNo S315)\nRemuneration Tribunal (Consequential and Transitional Provisions)\nAct 1995 A1995-56 sch\nnotified 20 December 1995 (Gaz 1995 No S313)\ncommenced 21 December 1995 (s 2 and see Gaz 1995 No S315)\nPublic Sector Management (Amendment) Act 1996 A1996-24\nnotified 4 June 1996 (Gaz 1996 No S101)\ncommenced 1 July 1996 (s 2)\nFinancial Management and Audit (Consequential and Transitional\nProvisions) Act 1996 A1996-26 sch pt 28\nnotified 1 July 1996 (Gaz 1996 No S130)\ncommenced 1 July 1996 (s 2)\n\nBetting (Corporatisation) (Consequential Amendments) Act 1996\nA1996-33 sch 1\nnotified 1 July 1996 (Gaz 1996 No S130)\ncommenced 1 July 1996 (s 2 (1))\nGungahlin Development Authority (Consequential Provisions) Act\n","sortOrder":147},{"sectionNumber":"1996","sectionType":"section","heading":"A1996-39 pt 4","content":"1996 A1996-39 pt 4\nnotified 10 July 1996 (Gaz 1996 No S160)\ncommenced 19 August 1996 (s 2 and see Gaz 1996 No S212)\nUniversity of Canberra (Transfer) Act 1997 A1997-74 s 19\nnotified 25 November 1997 (Gaz 1997 No S360)\ns 1, s 2 commenced 25 November 1997 (s 2 (1))\ns 19 commenced 1 December 1997 (s 2 (2))\nStatute Law Revision (Penalties) Act 1998 A1998-54 sch\nnotified 27 November 1998 (Gaz 1998 No S207)\ns 1, s 2 commenced 27 November 1998 (s 2 (1))\nsch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)\nPublic Sector Management (Amendment) Act 1999 A1999-55\nnotified 17 September 1999 (Gaz 1999 No S54)\nss 4 (c), 9 and 10 commenced 1 Jan 2000 (s 2 (2))\nremainder commenced 17 September 1999 (s 2 (1))\nPublic Sector Legislation Amendment Act 1999 A1999-70 s 3\nnotified 3 December 1999 (Gaz 1999 No S62)\ncommenced 5 December 1999 (s 2 and see Cwlth Gaz 1999 No S584)\nOccupational Health and Safety (Amendment) Act (No 2) 1999\nA1999-82 sch pt 2\nnotified 23 December 1999 (Gaz 1999 No S65)\nss 1-3 commenced 23 December 1999 (s 2 (1))\nsch pt 2 commenced 23 June 2000 (s 2 (3))\nPublic Sector Legislation Amendment Act 2000 A2000-77 s 3\nnotified 21 December 2000 (Gaz 2000 No S69)\ns 1, s 2 commenced 21 December 2000 (IA s 10B)\ns 3 commenced 31 December 2000 (s 2)\n\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 316\n(as am by A2002-30 amdt 3.577)\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\namdt 1.3496 om 2002 No 30 before commencement\npt 316 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\nLegislative Assembly (Members’ Staff) Amendment Act 2001\nA2001-57 pt 3\nnotified 10 September 2001 (Gaz 2001 No S66)\ns 1, s 2 commenced 10 September 2001 (IA s 10B)\npt 3 commenced 13 September 2001 (Gaz 2001 No S69)\nLegislation Amendment Act 2002 A2002-11 pt 2.40\nnotified LR 27 May 2002\ns 1, s 2 commenced 27 May 2002 (LA s 75)\npt 2.40 commenced 28 May 2002 (s 2 (1))\nStatute Law Amendment Act 2002 A2002-30 amdt 3.577\nnotified LR 16 September 2002\ns 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))\namdt 3.577 commenced 17 September 2002 (s 2 (1))\nNote This Act only amends the Legislation (Consequential\nAmendments) Act 2001 A2001-44 .\nPlanning and Land Legislation Amendment Act 2003 A2003-30 sch 1\npt 1.4\nnotified LR 30 June 2003\ns 1, s 2 commenced 30 June 2003 (LA s 75 (1))\nsch 1 pt 1.4 commenced 1 July 2003 (s 2 and see Planning and Land\nAct 2002 A2002-55, s 2)\nPublic Sector Management Amendment Act 2003 A2003-62\nnotified LR 11 December 2003\ns 1, s 2 commenced 11 December 2003 (LA s 75 (1))\nremainder commenced 12 December 2003 (s 2)\nStatute Law Amendment Act 2003 (No 2) A2003-56 sch 3 pt 3.19\nnotified LR 5 December 2003\ns 1, s 2 commenced 5 December 2003 (LA s 75 (1))\nsch 3 pt 3.19 commenced 19 December 2003 (s 2)\n\nAnnual Reports Legislation Amendment Act 2004 A2004-9 sch 1\npt 1.28\nnotified LR 19 March 2004\ns 1, s 2 commenced 19 March 2004 (LA s 75 (1))\nsch 1 pt 1.28 commenced 13 April 2004 (s 2 and see Annual Reports\n(Government Agencies) Act 2004 A2004-8, s 2 and CN2004-5)\nEmergencies Act 2004 A2004-28 sch 3 pt 3.17\nnotified LR 29 June 2004\ns 1, s 2 commenced 29 June 2004 (LA s 75 (1))\nsch 3 pt 3.17 commenced 1 July 2004 (s 2 (1) and CN2004-11)\nOccupational Health and Safety Amendment Act 2004 A2004-29 sch 3\nnotified LR 8 July 2004\ns 1, s 2 commenced 8 July 2004 (LA s 75 (1))\nsch 3 commenced 5 August 2004 (s 2 (1))\nHealth Professionals Legislation Amendment Act 2004 A2004-39\nsch 5 pt 5.17\nnotified LR 8 July 2004\ns 1, s 2 commenced 8 July 2004 (LA s 75 (1))\nsch 5 pt 5.17 commenced 7 July 2005 (s 2 and see Health\nProfessionals Act 2004 A2004-38, s 2 and CN2005-11)\nStatute Law Amendment Act 2005 A2005-20 sch 3 pt 3.47\nnotified LR 12 May 2005\ns 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))\nsch 3 pt 3.47 commenced 2 June 2005 (s 2 (1))\nPublic Sector Management Amendment Act 2005 A2005-42\nnotified LR 31 August 2005\ns 1, s 2 commenced 31 August 2005 (LA s 75 (1))\nremainder commenced 1 September 2005 (s 2)\nPublic Sector Management Amendment Act 2005 (No 2) A2005-44\nnotified LR 30 August 2005\ns 1, s 2 commenced 30 August 2005 (LA s 75 (1))\nremainder commenced 8 September 2005 (s 2 and CN2005-19)\n\nCriminal Code (Administration of Justice Offences) Amendment\nAct 2005 A2005-53 sch 1 pt 1.25\nnotified LR 26 October 2005\ns 1, s 2 commenced 26 October 2005 (LA s 75 (1))\nsch 1 pt 1.25 commenced 23 November 2005 (s 2)\nStatute Law Amendment Act 2007 A2007-3 sch 1 pt 1.1, sch 3 pt 3.81\nnotified LR 22 March 2007\ns 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))\nsch 1 pt 1.1, sch 3 pt 3.81 commenced 12 April 2007 (s 2 (1))\nStatute Law Amendment Act 2007 (No 2) A2007-16 sch 3 pt 3.32\nnotified LR 20 June 2007\ns 1, s 2 taken to have commenced 12 April 2007 (LA s 75 (2))\nsch 3 pt 3.32 commenced 11 July 2007 (s 2 (1))\nOccupational Health and Safety Amendment Act 2007 A2007-31 sch 1\npt 1.2\nnotified LR 24 October 2007\ns 1, s 2 commenced 24 October 2007 (LA s 75 (1))\nsch 1 pt 1.2 commenced 25 October 2007 (s 2)\nOccupational Health and Safety (Regulatory Services) Legislation\nAmendment Act 2007 A2007-37 sch 2 pt 2.6\nnotified LR 22 November 2007\ns 1, s 2 commenced 22 November 2007 (LA s 75 (1))\nsch 2 pt 2.6 commenced 23 November 2007 (s 2)\nWork Safety Legislation Amendment Act 2009 A2009-28 sch 2 pt 2.9\nnotified LR 9 September 2009\ns 1, s 2 commenced 9 September 2009 (LA s 75 (1))\nsch 2 pt 2.9 commenced 1 October 2009 (s 2 and see Work Safety\nAct 2008 A2008-51, s 2 (1) (b) and CN2009-11)\nStatute Law Amendment Act 2009 (No 2) A2009-49 sch 1 pt 1.9, sch 3\npt 3.58\nnotified LR 26 November 2009\ns 1, s 2 commenced 26 November 2009 (LA s 75 (1))\nsch 1 pt 1.9, sch 3 pt 3.58 commenced 17 December 2009 (s 2)\n\nPublic Sector Management Amendment Act 2011 A2011-1\nnotified LR 23 February 2011\ns 1, s 2 commenced 23 February 2011 (LA s 75 (1))\ns 29 commenced 23 February 2013 (s 2 (2))\nremainder commenced 18 April 2011 (s 2 and CN2011-5)\nPublic Sector Management (One ACT Public Service) Amendment\nAct 2011 A2011-21\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nremainder commenced 1 July 2011 (s 2)\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.127\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.127 commenced 1 July 2011 (s 2 (1))\nWorking with Vulnerable People (Consequential Amendments)\nAct 2011 A2011-45 sch 1 pt 1.3\nnotified LR 8 November 2011\ns 1, s 2 commenced 8 November 2011 (LA s 75 (1))\nsch 1 pt 1.3 commenced 8 November 2012 (s 2 and see Working with\nVulnerable People (Background Checking) Act 2011 A2011-44 s 2 (2))\nStatute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.45\nnotified LR 28 November 2011\ns 1, s 2 commenced 28 November 2011 (LA s 75 (1))\nsch 3 pt 3.45 commenced 12 December 2011 (s 2)\nStatute Law Amendment Act 2012 A2012-21 sch 3 pt 3.34\nnotified LR 22 May 2012\ns 1, s 2 commenced 22 May 2012 (LA s 75 (1))\nsch 3 pt 3.34 commenced 5 June 2012 (s 2 (1))\nLegislative Assembly (Office of the Legislative Assembly) Act 2012\nA2012-26 sch 1 pt 1.8\nnotified LR 24 May 2012\ns 1, s 2 commenced 24 May 2012 (LA s 75 (1))\nsch 1 pt 1.8 commenced 1 July 2012 (s 2)\n\nAuditor-General Amendment Act 2013 A2013-25 sch 1 pt 1.2\nnotified LR 20 August 2013\ns 1, s 2 commenced 20 August 2013 (LA s 75 (1))\nsch 1 pt 1.2 commenced 20 February 2014 (s 2 and LA s 79)\nOfficers of the Assembly Legislation Amendment Act 2013 A2013-41\nsch 1 pt 1.7\nnotified LR 7 November 2013\ns 1, s 2 commenced 7 November 2013 (LA s 75 (1))\nsch 1 pt 1.7 commenced 1 July 2014 (s 2)\nCourts Legislation Amendment Act 2015 A2015-10 pt 15\nnotified LR 7 April 2015\ns 1, s 2 commenced 7 April 2015 (LA s 75 (1))\npt 15 commenced 21 April 2015 (s 2 (2))\nRed Tape Reduction Legislation Amendment Act 2015 A2015-33\nsch 2 pt 2.1\nnotified LR 30 September 2015\ns 1, s 2 commenced 30 September 2015 (LA s 75 (1))\nsch 2 pt 2.1 commenced 14 October 2015 (s 2)\nStatute Law Amendment Act 2015 (No 2) A2015-50 sch 3 pt 3.27\nnotified LR 25 November 2015\ns 1, s 2 commenced 25 November 2015 (LA s 75 (1))\nsch 3 pt 3.27 commenced 9 December 2015 (s 2)\nPublic Sector Management Amendment Act 2016 A2016-52\nnotified LR 25 August 2016\ns 1, s 2 commenced 25 August 2016 (LA s 75 (1))\nremainder commenced 1 September 2016 (s 2)\nStatute Law Amendment Act 2017 A2017-4 sch 1 pt 1.4, sch 3 pt 3.22\nnotified LR 23 February 2017\ns 1, s 2 commenced 23 February 2017 (LA s 75 (1))\nsch 1 pt 1.1, sch 3 pt 3.22 commenced 9 March 2017 (s 2)\nWorkplace Legislation Amendment Act 2018 A2018-10 pt 2\nnotified LR 27 March 2018\ns 1, s 2 commenced 27 March 2018 (LA s 75 (1))\npt 2 commenced 28 March 2018 (s 2)\n\nas modified by\nPublic Sector Management (Transitional Provisions) Regulation 2018\nSL2018-10\nnotified LR 27 June 2018\ns 1, s 2 commenced 27 June 2018 (LA s 75 (1))\nremainder commenced 28 June 2018 (s 2)\nas amended by\nStatute Law Amendment Act 2018 A2018-42 sch 1 pt 1.6, sch 3 pt 3.26\nnotified LR 8 November 2018\ns 1, s 2 taken to have commenced 1 July 2018 (LA s 75 (2))\nsch 1 pt 1.6, sch 3 pt 3.26 commenced 22 November 2018 (s 2 (1))\nPublic Sector Management Amendment Act 2019 A2019-36\nnotified LR 10 October 2019\ns 1, s 2 commenced 10 October 2019 (LA s 75 (1))\nremainder commenced 11 October 2019 (s 2)\nPublic Interest Disclosure Amendment Act 2020 A2020-46 sch 1\npt 1.4\nnotified LR 4 September 2020\ns 1, s 2 commenced 4 September 2020 (LA s 75 (1))\nsch 1 pt 1.4 commenced 4 March 2021 (s 2 and LA s 79)\nJustice and Community Safety Legislation Amendment Act 2021\nA2021-3 pt 15\nnotified LR 19 February 2021\ns 1, s 2 commenced 19 February 2021 (LA s 75 (1))\npt 15 commenced 26 February 2021 (s 2 (1))\nStatute Law Amendment Act 2021 A2021-12 sch 1 pt 1.3\nnotified LR 9 June 2021\ns 1, s 2 commenced 9 June 2021 (LA s 75 (1))\nsch 1 pt 1.3 commenced 23 June 2021 (s 2 (1))\nHealth Infrastructure Enabling Act 2023 A2023-17 sch 2 pt 2.4\nnotified LR 2 June 2023\ns 1, s 2 commenced 2 June 2023 (LA s 75 (1))\nsch 2 pt 2.4 commenced 3 July 2023 (s 2 (2) and see s 7 (1) (a))\n\nCourts Legislation Amendment Act 2023 A2023-37 sch 1 pt 1.12\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nsch 1 pt 1.12 commenced 30 September 2023 (s 2)\nWorkplace Legislation Amendment Act 2024 A2024-15 pt 3\nnotified LR 19 April 2024\ns 1, s 2 commenced 19 April 2024 (LA s 75 (1))\npt 3 commenced 20 April 2024 (s 2 (1))\nIntegrity Legislation Amendment Act 2024 A2024-47 pt 4\nnotified LR 19 September 2024\ns 1, s 2 commenced 19 September 2024 (LA s 75 (1))\npt 4 commenced 26 September 2024 (s 2 (1))\nPublic Sector Management Amendment Act 2024 A2024-48\nnotified LR 19 September 2024\ns 1, s 2 commenced 19 September 2024 (LA s 75 (1))\nremainder commenced 20 September 2024 (s 2)\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.72, sch 4\npt 4.142\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.72, sch 4 pt 4.142 commenced 26 November 2025 (s 2 (3),\n(9))\n\ns 2 om A2001-44 amdt 1.3478\nins A2007-3 amdt 3.429\nam A2012-26 amdt 1.36; A2018-42 amdt 3.82\nNotes\ns 2A ins A2007-3 amdt 3.429\nDefinitions for Act\ns 3 am A1999-55 sch; A2001-44 amdt 1.3479, amdt 1.3481\ndefs reloc to dict A2007-3 amdt 3.428\nom A2007-3 amdt 3.429\ndef chief executive officer orig def om A2007-3 amdt 3.423\ndef Gazette om A1999-55 s 4\ndef medical practitioner om A2004-39 amdt 5.24\ndef senior executive service office om A1995-51 s 4\ndef senior executive service officer om A1995-51 s 4\ndef Territory Gazette om A1999-55 s 4\nDeclaration of territory instrumentalities\ns 3A ins A2001-44 amdt 1.3482\nam A2009-49 amdt 3.135\nom A2016-52 s 4\nOffences against Act—application of Criminal Code etc\ns 4 sub A2016-52 s 4\nObjects of Act\ns 5 am A1995-7 sch; A1996-33 sch 1; A1996-39 s 13; A1997-74\ns 19; A2003-30 amdt 1.13; A2015-10 s 38; A2015-50\namdt 3.139\nsub A2016-52 s 4\nAdministration of the public service\npt 2 hdg sub A2016-52 s 5\nPublic sector standards\ndiv 2.1 hdg (prev pt 2 div 1 hdg) renum R3 LA\nsub A2016-52 s 6\nMeaning of public service job—div 2.1\ns 6 sub A2016-52 s 6\nMeaning of public sector values\ns 7 sub A2016-52 s 6\nMeaning of public sector principles\ns 8 sub A2016-52 s 6\n\nPublic sector conduct\ns 9 pars renum R4 LA\nsub A2016-52 s 6\nMisconduct\ns 9A ins A2011-1 s 4\nom A2016-52 s 6\nSections 6, 7, 8 and 9 subject to other provisions\ns 10 om A2016-52 s 6\nLegal effect\ns 11 am A2011-21 s 4\nom A2016-52 s 6\nACT Public Service\ndiv 2.2 hdg (prev pt 2 div 2 hdg) renum R3 LA\nsub A2011-21 s 5\nACT Public Service\ns 12 am A1995-51 s 5\nsub A2011-21 s 5\nam A2016-52 s 7\nAdministrative arrangements\ndiv 2.3 hdg (prev pt 2 div 3 hdg) renum R3 LA\nAdministrative units\ns 13 am A1999-55 sch; A2001-44 amdt 1.3483; A2009-49\namdt 3.136\nsub A2011-21 s 6\nam A2016-52 s 8; A2025-29 amdt 4.143\nMinisterial responsibility and functions of administrative units\ns 14 am A1999-55 sch; A2001-44 amdt 1.3484, amdt 1.3485;\nA2009-49 amdt 3.137; A2012-21 amdt 3.129\nsub A2016-52 s 9\nam A2021-3 s 35; A2025-29 amdt 4.143\nMachinery of government changes—officers\ns 15 am A2011-21 s 7, s 130; A2016-52 s 10; ss renum R40 LA\nMachinery of government changes—employees\ns 16 am A2011-21 s 130; A2016-52 s 11\nThe public service\npt 3 hdg sub A2016-52 s 12\nMembers of the service\ndiv 3.1 hdg (prev pt 3 div 1 hdg) renum R3 LA\n\nHead of service functions\ns 17 sub A2016-52 s 12\nDelegation by head of service\ns 18 am A1999-55 sch; A2001-44 amdt 1.3486; A2002-11\namdt 2.80; A2007-3 amdt 3.430; ss renum R21 LA\nam A2025-29 amdt 3.245\nDirectors-general functions\ns 19 om A2007-3 amdt 3.431\nDelegation by director-general\ns 20 am A2011-21 s 8, s 9; pars renum R28 LA\nam A2025-29 amdt 3.246\nExercise of certain director-general functions by head of Access Canberra\ns 21 am A2005-42 s 5; A2011-21 ss 10-12; A2012-26 amdt 1.37,\namdt 1.38; ss renum R31 LA\nam A2017-4 amdts 3.139-3.142; A2025-29 amdt 4.143\nExecutive functions\ns 22 am A1998-54 sch; A2002-11 amdt 2.81, amdt 2.82\nsub A2005-53 amdt 1.125; A2016-52 s 12\nInvestigative powers of commissioner and Legislative Assembly entities\ns 22AA hdg sub A2013-41 amdt 1.31\ns 22AA ins A2012-26 amdt 1.39\nam A2013-41 amdt 1.32, amdt 1.33\nWitness expenses\ns 22A ins A2005-53 amdt 1.125\nEstablishment of offices\ns 23 sub A2016-52 s 12\nOffice of head of service\ns 23A ins A2011-21 s 13\nHead of service—functions\ns 23B ins A2011-21 s 13\n\nHead of service—engagement\ns 23C ins A2011-21 s 13\nHead of service may also be engaged as director-general of Chief Minister’s\nadministrative unit\ns 23D ins A2011-21 s 13\nHead of service—contract variation\ns 23E ins A2011-21 s 13\nHead of service—early termination of contract\ns 23F ins A2011-21 s 13\nHead of service—effect of contract on responsibilities of Ministers\ns 23G ins A2011-21 s 13\nHead of service—application of merit principle to re-engagements\ns 23H ins A2011-21 s 13\nHead of service—notice or payment if not re-engaged\ns 23I ins A2011-21 s 13\nHead of service—temporary contract\ns 23J ins A2011-21 s 13\nHead of service—termination of temporary contract\ns 23K ins A2011-21 s 13\nHead of service—variation of temporary contract\ns 23L ins A2011-21 s 13\nHead of service—presentation of contract and contract variations\ns 23M ins A2011-21 s 13\nHead of service—transfer or assignment\ns 23N ins A2011-21 s 13\nHead of service—notification of head of service’s engagement etc\ns 23O ins A2011-21 s 13\n\nHead of service—paid employment outside the service\ns 23P ins A2011-21 s 13\nHead of service—engagement or transfer not affected by defect etc\ns 23Q ins A2011-21 s 13\nOfficers\ns 24 sub A2005-44 s 5\nam A2011-21 s 14\nEmployees\ns 25 sub A2005-44 s 5\nam A2007-37 amdt 2.12; A2009-49 amdt 3.138; A2011-21\ns 15; A2012-26 amdt 1.40; A2013-25 amdt 1.2\nManagement of the service\ndiv 3.2 hdg (prev pt 3 div 2 hdg) renum R3 LA\nManagement strategies for the service\ns 26 am A1995-51 s 6\nsub A2005-44 s 5\nam A2011-21 s 16; ss renum R28 LA\nApplication of the merit and equity principle\ns 27 sub A2011-21 s 17\nEstablishment of joint council\ns 28 hdg sub A2005-44 s 6\ns 28 sub A1995-51 s 7\nam A2005-44 s 7; A2009-49 amdt 3.139\nsub A2011-21 s 17; A2016-52 s 12\nDirectors-general—functions\ns 28AA ins A2005-44 s 8\n(3), (4) exp 8 September 2006 (s 28AA (4))\nsub A2011-21 s 17\nDirectors-general—contract variation\ns 28AB ins A2011-21 s 17\n\nDirectors-general—early termination of contract\ns 28A hdg sub A2011-21 s 18\ns 28A ins A1995-51 s 7\nam A2007-3 amdt 1.2; A2011-21 s 123, s 128\nDirectors-general—effect of contracts on responsibilities of Ministers\ns 28B hdg sub A2011-21 s 19\ns 28B ins A1995-51 s 7\nDirectors-general—application of merit principle to re-engagements\ns 28C hdg sub A2011-21 s 20\ns 28C ins A1995-51 s 7\nam A2011-21 s 123, s 129\nDirectors-general—notice or payment if not re-engaged\ns 28D hdg sub A2011-21 s 21\ns 28D ins A2005-44 s 9\n(7), (8) exp 8 September 2006 (s 28D (8))\nam A2011-21 s 123, s 127, s 129\nNotification of certain employment matters\ns 29 sub A2005-44 s 10\nom A2011-21 s 22\nHead of service\ndiv 3.2A hdg ins A2011-21 s 13\nExercise of head of service powers in relation to certain public employees\ndiv 3.3 hdg (prev pt 3 div 3 hdg) renum R3 LA\nam A2011-21 s 124\nDirectors-general\ndiv 3.4 hdg (prev pt 3 div 4 hdg) renum R3 LA\nam A2011-21 s 127\nPowers of delegation\ndiv 3.5 hdg (prev pt 3 div 5 hdg) renum R3 LA\nConstitution and role of senior executive service\npt 3 div 6 hdg om A1995-51 s 9\n\nExercise of certain functions by head of Access Canberra\ndiv 3.6 hdg ins A2015-33 amdt 2.1\nWhole-of-government management responsibilities\ndiv 3.7 hdg (prev pt 3 div 7 hdg) renum R3 LA\nLegislative Assembly—clerk and secretariat\ndiv 3.8 hdg (prev pt 3 div 8 hdg) renum R3 LA\nsub A2005-42 s 6\nEngagement of senior executive service\npt 4 hdg sub A2016-52 s 12\nDefinitions—pt 4\ns 30 hdg sub A2005-44 s 11\nam A2011-21 s 127\ns 30 sub A1995-51 s 8\nam A2005-44 s 12, s 13; A2011-21 s 23, s 123\ndef SETs ins A2016-52 s 12\ndef statutory employment terms ins A2016-52 s 12\nam A2018-42 amdt 3.83\nDirectors-general—variation of temporary contracts\ns 30A hdg am A2011-21 s 127\ns 30A ins A2005-44 s 14\n(3), (4) exp 8 September 2006 (s 30A (4))\nam A2011-21 s 24\nEngagement of SES member\ns 31 sub A1995-51 s 8\nam A2005-44 s 15\nsub A2011-21 s 25; A2016-52 s 12\nDirectors-general—presentation of contracts and variations of contracts\ns 31A hdg sub A2011-21 s 26\ns 31A ins A1995-51 s 8\nRecord about SES member\ns 32 hdg sub A2005-44 s 16; A2011-21 s 27\ns 32 sub A1995-51 s 8\nam A2011-21 s 123\n\nChange to SES member’s SETs\ns 33 hdg sub A2011-21 s 28\ns 33 sub A1995-51 s 8\nam A2011-21 s 123\nDirectors-general—transfer or assignment\ns 33A ins A2005-44 s 17\n(7), (8) exp 8 September 2006 (s 33A (8))\nam A2011-21 s 123, s 127, s 129\nDirectors-general—transfers or assignments under s 33A not affected by\ndefects etc\ns 33B hdg sub A2011-21 s 29\ns 33B ins A2005-44 s 17\nCircumstances when SETs must be changed\ns 34 hdg sub A2011-21 s 30\ns 34 sub A1995-51 s 8\nam A1999-55 sch\nsub A2005-44 s 18\nam A2011-21 s 127, s 129\nCircumstances when SETs may be changed\ns 35 hdg sub A2011-21 s 31\ns 35 am A2011-21 s 123, s 129\nSETs changed by change in administrative arrangements\ns 36 am A2007-3 amdt 3.432\nsub A2011-21 s 32; A2016-52 s 12\nDelegation by head of service\ns 36A ins A2011-21 s 32\nDelegation by commissioner\ns 36B ins A2011-21 s 32\nDelegation by directors-general\ns 36C ins A2011-21 s 32\nDelegations by head of service, commissioner and directors-general—\ngenerally\ns 36D ins A2011-21 s 32\n\nSuspension of SES member\ns 37 sub A1996-24 s 5\nam A2012-21 amdt 3.129\nExercise of certain functions by head of Access Canberra\ns 37A ins A2015-33 amdt 2.1\nEnd of SES member’s engagement\ns 38 om A1995-51 s 9\nSES member may resign\ns 39 sub A2016-52 s 12\ndef access and equity principle om A2016-52 s 12\ndef access and equity program om A2016-52 s 12\ndef designated group am A2005-20 amdt 3.329\nsub A2011-1 s 5\nam A2011-52 amdt 3.166, amdt 3.167\ndef disability ins A2005-20 amdt 3.330\ndef discrimination om A2016-52 s 12\ndef employment matters om A2016-52 s 12\ndef equal employment opportunity program om A2016-52\ns 12\ndef industrial democracy program om A2016-52 s 12\nEnd of engagement by resignation—abandonment of engagement by SES\nmember\ns 40 am A2011-1 s 6; A2011-21 s 33, s 34\nLoss of eligibility\ns 41 am A2011-1 s 7; A2011-21 s 35, s 36\nInvalidity retirement\ns 42 am A2011-1 s 8; A2011-21 s 37, s 38\nDevelopment of programs in autonomous instrumentalities\ns 43 am A1996-24 s 6; A2011-21 s 39; A2012-26 amdt 1.41;\nA2013–41 amdt 1.34\nJoint council\ns 44 am A2011-1 s 9\n\nDefinitions for div 3.8\ns 45 sub A2005-42 s 7\ndef clerk sub A2005-42 s 7\ndef secretariat ins A2005-42 s 7\ndef Speaker om R3 LA\nClerk of Legislative Assembly\ns 46 am A1995-56 sch; ss renum R4 LA\nsub A2005-42 s 8\nLeave of absence\ns 47 om A2012-26 amdt 1.42\nDisclosure of interests by clerk\ns 48 sub A2005-42 s 9\nResignation\ns 49 om A2012-26 amdt 1.42\nSuspension and ending of appointment of clerk\ns 50 sub A2005-42 s 10\nRetirement\ns 51 (4) exp 4 March 1996 (s 51 (5))\n(5) om R3 LA\nam A2005-42 s 11; A2007-3 amdt 1.3\nTerms and conditions generally\ns 52 om A2012-26 amdt 1.42\nActing appointment as clerk\ns 53 sub A2005-42 s 12\nLegislative Assembly secretariat\ns 53A ins A2005-42 s 12\nLegislative Assembly—staff\ns 54 sub A2011-21 s 40\n\nCreation and abolition of executive offices\ndiv 4.1 hdg (prev pt 4 div 1 hdg) sub A1995-51 s 10\nCreation and abolition of offices\ns 54A ins A1995-51 s 10\nam A1996-24 s 7; A2011-21 s 41, s 122; ss renum R28 LA\nCreation and abolition of non-executive offices\ndiv 4.1A hdg (prev pt 4 div 1A hdg) ins A1995-51 s 10\nsub A2011-21 s 42\nMeaning of office—div 4.1A\ns 54B ins A1995-51 s 10\nsub A2011-21 s 43\nCreation and abolition of offices\ns 55 am A2011-21 s 44\nClassification of offices and officers\ns 56 am A2009-49 amdt 1.23; A2011-21 s 130; A2011-52\namdt 3.168\nSenior executive service classifications\ns 57 am A1995-7 sch\nom A1995-51 s 11\nReclassification of offices\ns 58 am A2011-21 s 45, s 130\nReclassification of offices in autonomous instrumentalities\ns 59 sub A1995-7 sch\nam A1996-24 s 8\nom A2011-21 s 46\nPart-time offices\ndiv 4.2 hdg (prev pt 4 div 2 hdg) renum R3 LA\nMeaning of office—div 4.2\ns 59A ins A1995-51 s 12\nsub A2011-21 s 47\n\nPart-time offices\ns 60 am A2011-21 s 125\nHours of attendance of part-time officers\ns 61 om A2016-52 s 12\nHours of attendance of certain unattached officers\ns 62 am A2011-21 s 48, s 131\nEmployment of officers and employees\npt 5 hdg sub A2016-52 s 13\ndiv 5.1 hdg (prev pt 5 div 1 hdg) renum R3 LA\nDefinitions—pt 5\ns 63 am A2007-3 amdt 3.433; A2011-52 amdt 3.169, amdt 3.170;\nss renum R29 LA\nsub A2016-52 s 14\ndef appellable classification ins A2016-52 s 14\ndef joint selection committee ins A2016-52 s 14\ndef unsuitability criteria ins A2016-52 s 14\nApplication to autonomous instrumentalities\ns 64 sub A1995-7 sch; A1996-24 s 9\nom A2016-52 s 15\nChange to office\ndiv 5.2 hdg (prev pt 5 div 2 hdg) renum R3 LA\nReclassification of office\ns 65 am A1995-51 s 13; pars renum R4 LA; A2005-44 s 19; pars\nrenum R16 LA (see A2005-44 s 20)\nsub A2011-1 s 10\nam A2011-21 s 49, s 50, s 131; pars renum R28 LA; A2011-52\namdt 3.171\nReclassification of office—returning LAMS officer\ns 65A ins A2001-57 s 10\nom A2016-52 s 16\nins A2017-4 amdt 1.19\nPart-time office\ns 66 am A1999-55 sch; A2011-21 s 130\n\nAppointment of officers\ndiv 5.3 hdg (prev pt 5 div 3 hdg) am A1995-51 s 14\nApplication—div 5.3\ns 66A ins A1995-51 s 15\nsub A2011-21 s 51\nom A2016-52 s 17\nEmployment in the service\ns 67 am A1995-51 s 16; A2003-62 s 4; A2004-28 amdt 3.55;\nA2009-49 amdt 3.140; A2011-21 s 52; pars renum R28 LA\nom A2016-52 s 17\nAppointment to vacant office\ns 68 hdg sub A2016-52 s 18\ns 68 am A1995-7 sch; A1995-51 s 17; A2011-21 s 53, s 131;\nA2011-45 amdt 1.25; A2016-52 ss 19-21; A2019-36 s 4;\nA2024-48 s 4, s 5; pars renum R53 LA\nRecord about officers\ns 69 am A1995-51 s 18; A2011-21 s 54\nsub A2016-52 s 22\nam A2024-48 s 6\nAppointment on probation\ns 70 am A1995-51 s 19; A2004-39 amdt 5.25\nsub A2011-1 s 11\nam A2011-21 s 55, s 131; A2016-52 s 23, s 24\nAppointment on probation—prescribed training office\ns 71 am A1999-55 s 5\nsub A2011-1 s 11\nam A2011-21 s 56, s 131; A2016-52 s 25, s 26; pars renum\nR40 LA\nAppointment on probation—teachers\ns 71A ins A2011-1 s 11\nam A2011-21 s 57, s 131; A2016-52 s 27, s 28; ss renum R40\nLA\nExtension of period of probation\ns 71B ins A2011-1 s 11\nam A2011-21 s 131; A2016-52 s 29\nAppointment without probation\ns 71C ins A2011-1 s 11\nam A2011-21 s 58, s 59; A2016-52 s 30\n\nEngagement of executives\ndiv 5.4 hdg (prev pt 5 div 4 hdg) sub A1995-51 s 20\nExecutives—engagement\ns 72 hdg sub A2005-44 s 21\ns 72 sub A1995-51 s 20\nam A2005-44 s 22; A2009-49 amdt 3.141\nExecutives—contract variation\ns 72A ins A2005-44 s 23\n(3), (4) exp 8 September 2006 (s 72A (4))\nEarly termination of contract\ns 73 sub A1995-51 s 20\nam A2007-3 amdt 1.4\nEffect of contracts on responsibilities of Ministers\ns 74 sub A1995-51 s 20\nApplication of merit principle to re-engagements\ns 75 sub A1995-7 sch; A1995-51 s 20\nam A2011-21 s 122\nNotice or payment if executive not re-engaged\ns 75A ins A2005-44 s 24\n(7), (8) exp 8 September 2006 (s 75A (8))\nam A2011-21 s 60, s 61, s 131\nExecutives—temporary contracts\ns 76 hdg sub A2005-44 s 25\ns 76 sub A1995-51 s 20\nam A2005-44 s 26, s 27\nExecutives—variation of temporary contracts\ns 76A ins A2005-44 s 28\n(3), (4) exp 8 September 2006 (s 76A (4))\nChief executive officer, Calvary\ns 77 sub A1995-51 s 20; A2005-44 s 29\n\nExecutives—negotiation and execution of contracts\ns 78 sub A1995-51 s 20\nam A2005-44 s 30, s 31\nsub A2011-21 s 62\nTabling of contracts and variations of contracts\ns 79 sub A1995-51 s 20\nExecutive engagements not affected by defects etc\ns 80 hdg sub A2005-44 s 32\ns 80 sub A1995-51 s 20\nExecutives—transfer or assignment\ns 80A ins A2005-44 s 33\n(6), (7) exp 8 September 2006 (s 80A (7))\nam A2011-21 s 63, s 64, s 131\nExecutive transfers or assignments under s 80A not affected by defects etc\ns 80B ins A2005-44 s 33\nNotification of executive’s engagement etc\ns 81 sub A1995-51 s 20\nam A1999-55 sch\nsub A2005-44 s 34\nam A2011-21 s 122\nPromotion of officers\ndiv 5.5 hdg (prev pt 5 div 5 hdg) am A1995-51 s 21\nsub A2011-1 s 12\nDefinitions—div 5.5\ns 82 sub A1995-51 s 22; A2011-1 s 13\ndef appellable level position ins A2011-1 s 13\ndef joint selection committee ins A2011-1 s 13\ndef office ins A2011-1 s 13\nsub A2011-21 s 65\n\nPromotion to vacant office\ns 83 am A1995-51 s 23; A1999-55 sch\nsub A2011-1 s 13; A2011-21 s 66; A2016-52 s 33\nam A2019-36 s 5\nPromotion appeal\ns 84 sub A2011-1 s 13\nam A2016-52 s 34\nPromotion appeal by excess officer\ns 85 am A1999-55 sch\nam A2011-21 s 131; A2016-52 ss 35-37\nReview of certain promotion decisions\ns 86 sub A2011-1 s 13\nam A2011-21 s 124, s 131; A2016-52 s 38, s 39\nPromotion on advice of joint selection committee\ns 87 am A1995-51 s 24\nam A2011-21 s 67, s 124; A2016-52 ss 40-42; ss renum R40\nLA\nHow promotions take effect\ns 88 am A1995-51 s 25; A1999-55 sch\nDeath of officer before appeal or review decided\ns 89 am A1995-51 s 26; A1999-55 sch\nsub A2011-1 s 13; A2016-52 s 43\nCancellation of promotion\ns 90 sub A2011-1 s 13\nam A2011-21 s 126; A2016-52 s 44\nTransfer of officers\ndiv 5.6 hdg (prev pt 5 div 6 hdg) am A1995-51 s 27\nom A2011-1 s 15\nins A2011-1 s 13\nDefinitions—div 5.6\ns 91 ins A2011-1 s 13\ndef appellable level position ins A2011-1 s 13\ndef joint selection committee ins A2011-1 s 13\n\ndef office ins A2011-1 s 13\nsub A2011-21 s 68\nTransfer to vacant office\ns 92 sub A2011-1 s 13\nam A2011-21 s 69, s 131\nsub A2016-52 s 46\nam A2018-42 amdt 3.84; A2019-36 s 6\nSimultaneous transfer within administrative unit\ns 93 sub A2011-1 s 13\nam A2011-21 s 70, s 131; A2016-52 s 47, s 48; A2019-36 s 7\nTransfer between administrative units\ns 94 sub A2011-1 s 13; A2011-21 s 71\nam A2016-52 s 49; A2019-36 s 8\nManagement initiated transfer—within administrative unit\ns 95 sub A2011-1 s 13\nam A2011-21 s 72\nManagement initiated transfer—between administrative units\ns 96 sub A2011-1 s 13\nam A2011-21 s 73, s 130\nManagement initiated transfer—additional consultation if transfer of 2 or\nmore officers\ns 96A ins A2011-1 s 13\nTransfer on advice of joint selection committee\ns 96B ins A2011-1 s 13\nam A2011-21 s 74, s 75, s 124; ss renum R28 LA\nHow transfer takes effect\ns 96C ins A2011-1 s 13\nCancellation of transfer\ns 96D ins A2011-1 s 13\nam A2011-21 s 126\nTransfers and promotions to specified offices may be made in accordance\nwith order of passing examinations\ns 97 am A1999-55 sch; A2001-44 amdts 1.3487-1.3489; A2009-49\namdt 3.142; A2011-21 s 76, s 130\nom A2016-52 s 51\n\nPromotion of officers who complete courses of training for special positions\ns 98 am A1999-55 sch; A2011-1 s 14; A2011-21 s 77, s 121, s 130;\nA2011-52 amdts 3.172-3.174\nom A2016-52 s 51\nDefinitions for div 5.6\ns 99 om A2011-1 s 16\ndef appellable promotion om A2011-1 s 16\ndef direction om A2011-1 s 16\ndef notified om A2011-1 s 16\ndef office am A1995-51 s 28\nom A2011-1 s 16\ndef specified om A2011-1 s 16\nTemporary transfer\ns 100 sub A2011-1 s 17\nam A2011-21 s 78, s 79, s 131\nNotification of certain temporary transfers to higher office\ns 101 sub A2011-1 s 17\nam A2011-21 s 121, s 124; A2016-52 s 52\nAppeal against temporary transfer to higher office\ns 102 sub A2011-1 s 17\nam A2016-52 s 52\nLapsing or discontinuing of appeal\ns 103 sub A2011-1 s 17\nam A2011-21 s 80\nTemporary transfer if appeal successful\ns 104 sub A2011-1 s 17\nOther movement within the service\ndiv 5.7 hdg (prev pt 5 div 7 hdg) renum R3 LA\nsub A2011-1 s 18; A2016-52 s 53\nPromotion or transfer after passing examination\ns 105 sub A2011-1 s 18; A2011-21 s 81; A2016-52 s 53\nTraining offices\ns 106 am A1995-51 s 29\nsub A2011-1 s 18\nam A2011-21 s 82\nPromotion or transfer to training office\ns 107 sub A2011-1 s 19\nam A2011-21 s 83, s 131\n\nMovement within administrative unit\ns 108 sub A2011-1 s 19\nam A2011-21 s 84, s 124, s 131\nam A2018-42 amdt 3.84\nMovement between administrative units\ns 109 am A2011-21 s 121\nam A2018-42 amdt 3.84\nTemporary employment\ndiv 5.8 hdg (prev pt 5 div 8 hdg) renum R3 LA\nFixed term temporary employment\ns 110 sub A2016-52 s 53\nam A2024-48 s 7\nCasual temporary employment\ns 111 am A2011-21 s 130\nWork performed after end of temporary employment\ns 112 sub A2011-1 s 20\nam A2011-21 s 85, s 124, s 131\nTemporary employee on maternity leave\ns 112A ins A2011-1 s 20\nom A2016-52 s 53\nRecord about employees\ns 113 sub A2016-52 s 53\nUnattached officers\ndiv 5.9 hdg ins A2016-52 s 53\nBecoming unattached officer\ns 114 am A1995-51 s 30; A2009-49 amdt 3.143; A2011-21 s 86,\ns 87; pars renum R28 LA\nBecoming unattached officer on medical grounds\ns 115 am A1995-51 s 31; A1999-55 sch\nins A2016-52 s 53\nMobility rights of certain employees of ACTEW Corporation Limited\ns 115A hdg am A1996-33 note\ns 115A ins A1995-7 sch\n\nAppointment as unattached officer\ns 116 sub A1995-51 s 32\nam A1999-55 s 6\nins A2016-52 s 53\nReappointment as unattached officer\ns 117 am A1995-51 s 33; A2009-49 amdt 3.144; A2011-21 s 88,\ns 89, s 121; ss renum R28 LA\nSecondment\ndiv 5.10 hdg ins A2016-52 s 53\nSecondment to the service\ns 118 am A1995-51 s 34; ss renum R4 LA; A2011-21 s 90, s 126\nQuashing etc of conviction\ns 118A ins A2011-1 s 22\nam A2011-21 s 91, s 92, s 124, s 131; ss renum R28 LA\nom A2016-52 s 53\nSecondment of public servant to another employer\ns 119 am A2011-21 s 93, s 130; ss renum R28 LA\nRedeployment, underperformance and end of employment of officers\npt 6 hdg sub A2011-1 s 24; A2016-52 s 54\nDefinitions—pt 6\ns 120 am A2011-21 s 130\ndef confirmed officer ins A2016-52 s 54\ndef incapacitated ins A2016-52 s 54\ndef ineligible ins A2016-52 s 54\nRetirement\ns 121 am A2011-21 s 130\nRedeployment\ns 122 om A1995-51 s 35\nins A2011-1 s 23\nReduction in classification or retirement\ns 123 om A1995-51 s 35\n\nLimitation on retirement on ground of invalidity\ns 124 om A1995-51 s 35\nEnd of employment if visa no longer held\ns 124A ins A2024-48 s 8\nUnderperformance\ns 125 om A1995-51 s 35\nEnd of employment for misconduct\ns 126 om A1995-51 s 35\nForfeiture of office\ns 127 om A1995-51 s 35\nRetirement and redeployment of chief executives\npt 6 div 1 hdg om A1995-51 s 35\nRetirement and redeployment of senior executive service officers\npt 6 div 2 hdg om A1995-51 s 35\nRetirement and redeployment of officers other than chief executives and\nexecutives\ndiv 6.3 hdg (prev pt 6 div 3 hdg) am A1995-51 s 36\nom R4 LA\nRe-entry to the service\npt 7 hdg om A2011-1 s 28\ndiv 7.1 hdg ins A2016-52 s 54\nDefinitions—pt 7\ns 128 om A1995-51 s 35\ndef declaration ins A2016-52 s 54\ndef election candidate ins A2016-52 s 54\ndef exonerated ins A2016-52 s 54\ndef unsuccessful election candidate ins A2016-52 s 54\nFormer SES member\ndiv 7.2 hdg ins A2016-52 s 54\nLimitation on re-engagement of SES member\ns 129 om A1995-51 s 35\n\nRe-engagement of SES member after abandonment of employment\ns 130 om A1995-51 s 35\nRe-engagement of SES member if unsuccessful election candidate\ns 131 om A1995-51 s 35\nRe-engagement of SES member after quashing etc of conviction\ns 132 om A1995-51 s 35\nFormer officers\ndiv 7.3 hdg ins A2016-52 s 54\nReappointment of former excess officer\ns 133 om A1995-51 s 35\nNo engagement or employment of certain former excess officers in certain\ncircumstances\ns 134 om A1995-51 s 35\nReappointment of officer after forfeiture of office\ns 135 om A1995-51 s 35\nReappointment of officer if unsuccessful election candidate\ns 136 om A1995-51 s 35\nReappointment of officer after quashing etc of conviction\ns 137 om A1995-51 s 35\nNo reappointment of former officer in certain circumstances\ns 138 om A1995-51 s 35\nFormer employee\ndiv 7.4 hdg ins A2016-52 s 54\nRe-employment of employee if unsuccessful election candidate\ns 139 sub A2011-1 s 25; A2016-52 s 54\ndef essential qualification ins A2011-1 s 25\ndef excess officer ins A2011-1 s 25\ndef not qualified to perform dutiesins A2011-1 s 25\n\ndef officer sub A1995-51 s 37; A2011-1 s 25\nam A2011-21 s 94; pars renum R28 LA\ndef underperformance ins A2011-1 s 25\nRe-employment of employee after quashing etc of conviction\ns 140 sub A2011-21 s 95; A2016-52 s 54\nRe-employment after maternity leave\ns 141 sub A2016-52 s 54\nam A2019-36 s 9\nThe public sector\npt 8 hdg om A2011-1 s 29\nPublic Sector Standards Commissioner\ndiv 8.1 hdg ins A2016-52 s 54\nAppointment of commissioner\ns 142 hdg om R3 LA\ns 142 (1)-(4) exp 4 March 1996 (s 142 (5))\n(5) om R3 LA\nArrangements for commissioner from another jurisdiction to exercise\nfunctions\ns 143 sub A2011-1 s 26\nam A2011-21 s 96, s 97, s 124, s 131, s 132; A2012-26\namdt 1.43, amdt 1.44; ss renum R31 LA\nam A2020-46 amdt 1.10\nIndependence of commissioner\ns 143A ins A2024-15 s 5\nFunctions of commissioner\ns 144 sub A2011-1 s 26\nLeave of absence for commissioner\ns 145 sub A2007-3 amdt 1.5; A2016-52 s 54\nSuspension and removal of commissioner\ns 146 am A2004-39 amdt 5.25; A2011-21 s 131\n\nEnding commissioner’s appointment without suspension\ns 147 sub A2011-1 s 27; A2016-52 s 54\nArrangements for staff and facilities\ns 148 am A1995-51 s 38\ndef redundancy am A1995-51 s 38\nDelegation by commissioner\ns 149 om A2011-1 s 28\nam A2025-29 amdt 3.247\nIndependence of public employees exercising commissioner functions\ns 149A ins A2024-15 s 6\nPublic sector members\ndiv 8.2 hdg ins A2016-52 s 54\nMeaning of public sector member etc\ns 150 om A2011-1 s 28\nam A2023-37 amdt 1.20, amdt 1.21\nPublic sector standards for public sector member etc\ns 151 om A2011-1 s 28\nam A2018-42 amdt 3.85\nCertain office-holders have management powers\ns 152 om A2011-1 s 28\nam A2017-4 amdt 1.20, amdt 3.143; pars renum R41 LA;\nA2018-42 amdts 1.25-1.29; ss renum R44 LA\n(7), (8) exp 1 September 2021 (s 152 (8))\nam A2024-47 s 99; A2025-29 amdt 3.248\nApplication of whole-of-government strategies\ns 153 om A2011-1 s 28\nAlleged misconduct by statutory office-holder etc\ns 154 om A2011-1 s 28\nAlleged mismanagement of public sector employer’s staff etc\ns 155 om A2011-1 s 28\n\nPrescribed public sector member\ns 156 am A2005-20 amdt 3.331\nCalvary public hospital staff\ndiv 8.3 hdg ins A2017-4 amdt 1.21\nom A2023-17 amdt 2.10\nCalvary public hospital staff\ns 157 om A2011-1 s 28\nins A2017-4 amdt 1.21\nam A2018-42 amdt 1.30\nom A2023-17 amdt 2.10\nLong service leave and payments instead of long service leave\ns 158 om A2011-1 s 28\nExtended leave or pay instead of leave for officers not entitled to long\nservice leave\ns 159 om A2011-1 s 28\nCalculation of long service leave credit\ns 160 om A2011-1 s 28\nApplication of s 160\ns 161 om A2011-1 s 28\nRate of salary while absent on long service leave\ns 162 om A2011-1 s 28\nRate of salary in relation to pay instead of leave\ns 163 om A2011-1 s 28\nLong service leave benefits not to be granted under other laws\ns 164 om A2011-1 s 28\nAdditional provisions relating to death of officer\ns 165 om A2011-1 s 28\nProvisions relating to members of the teaching service\ns 166 om A2011-1 s 28\nDefinitions—pt 8\ns 167 om A2011-1 s 29\ndef confinement om A2011-1 s 29\ndef leave officer om A2011-1 s 29\ndef maternity leave om A2011-1 s 29\ndef officer om A2011-1 s 29\ndef unauthorised absence om A2011-1 s 29\nPeople in relation to whom pt 8 applies\ns 168 om A2011-1 s 29\n\nAbsence on maternity leave\ns 169 om A2011-1 s 29\nEntitlement to paid maternity leave\ns 170 om A2011-1 s 29\nUnauthorised absences\ns 171 am A2011-21 s 131\nAbsence on leave without pay\ns 172 am A2011-21 s 131\nOfficers may continue to perform, or resume, duty in certain circumstances\ns 173 am A2004-39 amdt 5.25\nOther applications to resume duty\ns 174 am A2011-21 s 130\nGrant of maternity leave not to affect continuity of service\ns 175 om A2011-1 s 29\nOfficers on maternity leave\ns 176 am A2011-21 s 124, s 131\nTemporary employees on maternity leave\ns 177 om A2011-1 s 29\nInterpretation for pt 9\ns 178 om A2011-1 s 30\ndef disciplinary appeal committee om A2011-1 s 30\ndef eligible public employment om A2011-1 s 30\ndef employment om A2011-1 s 30\ndef misconduct om A2011-1 s 30\ndef original office om A2011-1 s 30\ndef public office om A2011-1 s 30\ndef salary om A2011-1 s 30\nMeaning of failure to fulfil duty as officer\ns 179 am A1995-51 s 39\ns 180 om A1995-51 s 40\nDisciplinary action in relation to chief executives\ns 181 om A1995-51 s 40\n\nConviction by courts of chief executives\ns 182 om A1995-51 s 40\nSuspension of chief executives\ns 183 om A1995-51 s 40\nRemoval and variation of suspension relating to chief executives\ns 184 om A1995-51 s 40\ns 185 om A1995-51 s 42\nDisciplinary action\ns 186 am A1995-51 s 43; A2005-20 amdt 3.332\nInquiries into misconduct\ns 187 am A1995-51 s 44\nConvictions by courts\ns 188 om A2011-1 s 30\nSuspension\ns 189 am A1995-51 s 45\nRemoval and variation of suspension\ns 190 am A1995-51 s 46\nAppeals\ns 191 om A2011-1 s 30\nNullification of conviction\ns 192 om A2011-1 s 30\nReview of findings\ns 193 om A2011-1 s 30\nInterpretation for div 9.4\ns 194 om A2011-1 s 30\ndef detached officer om A2011-1 s 30\ndef misconduct om A2011-1 s 30\nMisconduct committed before becoming detached officer\ns 195 om A2011-1 s 30\nMisconduct while detached officer\ns 196 om A2011-1 s 30\nCriminal offences\ns 197 om A2011-1 s 30\n\nWhen directions for dismissal take effect\ns 198 om A2011-1 s 30\nAppeals\ns 199 om A2011-1 s 30\nReasons to be given for making finding or giving direction etc\ns 200 om A2011-1 s 30\nDefinitions for div 9.5\ns 201 om A2011-1 s 30\ndef authorised officer am A1995-51 s 48\ndef employee om A2011-1 s 30\nApplication of pt 9 to employees\ns 202 om A2011-1 s 30\nDefinitions for div 9.6\ns 203 om A2011-1 s 30\ndef board of inquiry om A1995-51 s 50\ndef chief executive om A2011-1 s 30\ndef proceeding sub A1995-51 s 50\ndef review om A2011-1 s 30\nHow appeal is made to disciplinary appeal committee\ns 204 om A2011-1 s 30\nTime for appealing to disciplinary appeal committee\ns 205 am A1999-55 sch\nGiving of documents to appellants and people requesting review\ns 206 am A1995-51 s 51; ss renum R4 LA; A2004-39 amdt 5.25\nHearing to be in public except in special circumstances\ns 207 om A1995-51 s 52\nWitnesses\ns 208 om A1995-51 s 52\nWitnesses expenses\ns 209 om A1995-51 s 52\nRepresentation of parties\ns 210 om A1995-51 s 52\nProtection of members of boards of inquiry, witnesses etc\ns 211 om A1995-51 s 52\n\nNotification of findings of board of inquiry\ns 212 om A1995-51 s 52\nPayment of costs\ns 213 om A1995-51 s 52\nCosts of lapsed inquiry\ns 214 om A1995-51 s 52\nRecording of action taken\ns 215 am A1995-51 s 53\nAmendment of official conduct record\ns 216 om A2011-1 s 30\nDelegation\ns 217 am A2007-3 amdt 3.434\nImprisonment\ns 218 am A1995-51 s 54\nApplication to unattached officers performing duty in an administrative unit\ns 219 am A1995-51 s 55; pars renum R4 LA\nDeduction of pecuniary penalty from salary\ns 220 am A1996-26 sch pt 28\nForfeiture of office\ns 221 am A2011-21 s 98, s 124, s 131\nReappointment of officers taken to have retired under s 221\ns 222 sub A2011-1 s 31\nam A2011-21 s 99, s 124, s 131; ss renum R28 LA\nDiscipline\npt 9 hdg orig pt 9 hdg\npres pt 9 hdg\n(prev pt 11 hdg) sub A2011-1 s 32\nrenum as pt 9 hdg A2016-52 s 64\nDefinitions—pt 9\ns 223 sub A2011-1 s 32\ndef action om A2011-1 s 32\ndef appellable decision ins A2011-1 s 32\ndef authorised person am A1995-51 s 56\n\ndef decision om A2011-1 s 32\ndef employee sub A1995-51 s 56\ndef internal appeal officer am A1995-51 s 56\ndef officer ins A2011-1 s 32\nam A2011-21 s 100\nom A2016-52 s 55\ndef reviewable decision ins A2011-1 s 32\ndef study bank om A2011-1 s 32\nReviewable decision—notice and review\ns 224 sub A2011-1 s 32\nAppellable decision—notice and appeal\ns 225 sub A2011-1 s 32\nReview by merit protection agency\ns 226 om A2011-1 s 32\nDocuments to be given by internal appeal officer\ns 227 om A2011-1 s 32\nReview to be under Merit Protection Act, s 42 or s 43\ns 228 om A2011-1 s 32\nOfficial directions to be carried out\ns 229 om A2011-1 s 32\nApplication of div 11.3\ns 230 om A2011-1 s 32\nInvestigation by internal appeal officer\ns 231 om A2011-1 s 32\nInvestigation by merit protection agency\ns 232 om A2011-1 s 32\nDocuments to be given by internal appeal officer\ns 233 om A2011-1 s 32\nOfficial directions to be carried out\ns 234 om A2011-1 s 32\nApplication of Merit Protection Act\ns 235 am A1995-51 s 57; A1999-70 s 3;\nA2000-77 s 3\ns 236 om A1994-108 s 40\n\nDisclosure of information to auditor-general or ombudsman\ns 237 om A1994-108 s 40\nDisclosure of information to authorised official\ns 238 om A1994-108 s 40\nDisclosure of information in certain circumstances\ns 239 om A1994-108 s 40\nProtection of persons making disclosures under section 237, 238 or 239\ns 240 om A1994-108 s 40\ndiv 9.1 hdg (prev pt 9 div 1 hdg) renum R3 LA\nChief executives and certain unattached officers\npt 9 div 2 hdg om A1995-51 s 40\nOfficers\ndiv 9.3 hdg (prev pt 9 div 3 hdg) am A1995-51 s 41\nOfficers employed otherwise than in the service\ndiv 9.4 hdg (prev pt 9 div 4 hdg) renum R3 LA\nEmployees other than chief executives and executives\ndiv 9.5 hdg (prev pt 9 div 5 hdg) am A1995-51 s 47\nDisciplinary appeal committees\ndiv 9.6 hdg (prev pt 9 div 6 hdg) am A1995-51 s 49\ndiv 9.7 hdg (prev pt 9 div 7 hdg) renum R3 LA\npt 10 hdg (prev pt 13 hdg) renum as pt 10 hdg A2016-52 s 64\nPayment on leaving the service\ns 241 sub A2011-21 s 101; A2016-52 s 56\nAuthorisation to share protected information\ns 242 sub A2016-52 s 56\nAuthorisation to share certain personal information with relevant union\ns 242A ins A2019-36 s 10\n\nProtection of people in relation to work reports on officers or employees\ns 243 am A2016-52 s 57\nWork outside the service\ns 244 am A2011-21 s 131\nAdditional payment\ns 245 am A2011-21 s 131\nRepaying overpayment\ns 246 am A2011-21 s 130\nsub A2016-52 s 58; A2018-10 s 4\nImpersonation etc at examinations\ns 247 am A1998-54 sch\nContracts\ns 248 om A2016-52 s 58\nEngagement of certain former officers and employees prohibited\ns 248A ins A1995-51 s 58\nam A1999-55 s 7; A2011-21 s 102, s 123\nEngagement of certain former directors-general and executives prohibited\ns 248B ins A2005-44 s 35\nam A2011-21 s 103, s 104, s 127\nEngagement of certain former heads of service prohibited\ns 248C ins A2011-21 s 105\nImprisonment\ns 249 sub A2004-29 amdt 3.1\nom A2009-28 amdt 2.23\nins A2011-1 s 33\nam A2011-21 s 130, s 131; A2016-52 s 60, s 61\nAttachment of salary of officers and employees\ns 250 am A2016-52 s 62\nDeduction of monetary penalty\ns 250A ins A2011-1 s 34\nsub A2016-52 s 63\n\ns 251 am A1995-51 s 59; A1996-33 sch 1; A1999-55 s 8; A2001-44\namdts 1.3490-1.3494; pars renum R4 LA; A2011-1 s 35\nsub A2016-52 s 63\nam A2021-12 amdt 1.4; A2025-29 amdt 4.143\nRegulation-making power\ns 252 om A2001-44 amdt 1.3495\nins A2016-52 s 63\ndef employee ins A2003-62 s 5\ndef Totalcare ins A2003-62 s 5\ndef transfer ins A2003-62 s 5\nReview and appeal\npt 11 hdg renum as pt 9 hdg\ndiv 11.1 hdg (prev pt 11 div 1 hdg) renum R3 LA\nReview of certain decisions\ndiv 11.2 hdg (prev pt 11 div 2 hdg) renum R3 LA\nInvestigation of grievances by merit protection agency\ndiv 11.3 hdg (prev pt 11 div 3 hdg) renum R3 LA\nMerit protection\ndiv 11.4 hdg (prev pt 11 div 4 hdg) renum R3 LA\nWhistle blowing\npt 12 hdg om A1994-108 s 40\npt 13 hdg renum as pt 10 hdg\nTotalcare\npt 14 hdg ins A2003-62 s 5\n\nTransfer of employees\ns 253 am A1999-55 sch\nom A2001-44 amdt 1.3495\nHow rest of Act applies\ns 254 ins A2003-62 s 5\nEmployees appointed on probation\ns 255 ins A2001-44 amdt 1.3496 (amdt 1.3496 om A2002-30\namdt 3.577 before commencement)\nEntitlements of transferred employees\ns 256 ins A2003-62 s 5\nLater appointment of temporary employees\ns 257 ins A2003-62 s 5\nTransfer of personnel files\ns 258 ins A2003-62 s 5\ns 259 ins A2003-62 s 5\ns 260 ins A2003-62 s 5\nModification of pt 14’s operation\ns 261 ins A2003-62 s 5\nRegulation-making power\ns 262 ins A2003-62 s 5\nExpiry of pt 14\ns 263 ins A2003-62 s 5\nFire and emergence services\npt 15 hdg ins A2004-28 amdt 3.56\n\nDefinitions for pt 5\ns 264 chief officer ins A2004-28 amdt 3.56\ndeputy chief officer ins A2004-28 amdt 3.56\nrepealed Administration Act ins A2004-28 amdt 3.56\ntransfer ins A2004-28 amdt 3.56\nTransfer of chief officers\ns 265 ins A2004-28 amdt 3.56\nTransfer of fire brigade members’\ns 266 ins A2004-28 amdt 3.56\nDeclarations of appointment or engagement\ns 267 ins A2004-28 amdt 3.56\nHow rest of Act applies\ns 268 ins A2004-28 amdt 3.56\nam A2005-20 amdt 3.333, amdt 3.334\nEmployees appointed on probation\ns 269 ins A2004-28 amdt 3.56\nEntitlements on transfer\ns 270 ins A2004-28 amdt 3.56\nTransfer of personnel files\ns 271 ins A2004-28 amdt 3.56\ns 272 ins A2004-28 amdt 3.56\nExpiry of pt 15\ns 273 ins A2004-28 amdt 3.56\nTransitional\npt 16 hdg ins A2005-44 s 36\nApplication of certain amendments—Public Sector Management Amendment\nAct 2005 (No 2)\ns 274 ins A2005-44 s 36\n\nExpiry of pt 16\ns 275 ins A2005-44 s 36\nTransitional—Administrative (One ACT Public Service Miscellaneous\nAmendments) Act 2011\npt 17 hdg ins A2011-22 amdt 1.366\nMeaning of commencement day—pt 17\ns 276 ins A2011-22 amdt 1.366\nChange of name—identity not affected\ns 277 ins A2011-22 amdt 1.366\nEngagement of certain former officers etc prohibited\ns 278 ins A2011-22 amdt 1.366\nEmployment powers\ns 279 ins A2011-22 amdt 1.366\nHead of service\ns 280 ins A2011-22 amdt 1.366\nexp 1 July 2013 (s 282)\ns 281 ins A2011-22 amdt 1.366\nexp 1 July 2013 (s 282)\nExpiry—pt 17\ns 282 ins A2011-22 amdt 1.366\nTransitional\npt 18 hdg ins A2016-52 s 65\nDefinitions—pt 18\ns 290 ins A2016-52 s 65\ndef commencement day ins A2016-52 s 65\ndef pre-amendment Act ins A2016-52 s 65\ndef pre-amendment misconduct procedure ins A2016-52\ns 65\n\nExisting engagement of head of service\ns 291 ins A2016-52 s 65\nExisting engagements of directors-general\ns 292 ins A2016-52 s 65\nExisting engagements of executives\ns 293 ins A2016-52 s 65\nConsecutive engagement of head of service, directors-general and\nexecutives\ns 293A ins as mod SL2018-10 s 3\nmod exp 1 September 2021 (s 300 and see SL2018-10 s 4)\nExisting appointment of Commissioner for Public Administration\ns 294 ins A2016-52 s 65\nMisconduct before commencement day—procedure started\ns 295 ins A2016-52 s 65\nMisconduct before commencement day—procedure not started\ns 296 ins A2016-52 s 65\nMisconduct on or after commencement day\ns 297 ins A2016-52 s 65\nCommissioner for public administration investigation\ns 298 ins A2016-52 s 65\ns 299 ins A2016-52 s 65\nExpiry—pt 18\ns 300 ins A2016-52 s 65\nReviewable decisions\nsch 1 am R3 (LA s 116 (1) (k) (iii))\nsub A2011-1 s 36\nam A2016-52 s 66\n\nAppellable decisions\nsch 2 am A2005-20 amdt 3.335\nsub A2011-1 s 37\nam A2016-52 ss 67-69; items renum R40 LA\nModifications of Occupational Health and Safety Act 1989\nsch 3 hdg sub A2004-29 amdt 3.2\nsch 3 am A1998-54 sch; A1999-82 sch pt 2; A2001-44\namdts 1.3497-1.3500; R3 (LA s 116 (1) (k) (iii)); A2002-11\namdt 2.84, amdt 2.85; A2003-56 amdt 3.177; A2004-9\namdt 1.37, amdt 1.38; A2004-29 amdts 3.3-3.17; mod renum\nR12 LA (see A2004-29 amdt 3.18); A2005-53\namdts 1.126-1.130; A2007-31 amdts 1.5-1.9\nom A2009-28 amdt 2.24\ndict ins A2007-3 amdt 3.435\nam A2012-21 amdt 3.130; A2012-26 amdt 1.45; A2013-41\namdt 1.35; A2016-52 s 70; A2018-42 amdt 3.86\ndef Aboriginal or Torres Strait Islander person ins\nA2011-52 amdt 3.175\ndef Aboriginal person or Torres Strait Islander ins A2011-1\ns 38\nom A2011-52 amdt 3.175\ndef access and equity principle ins A2007-3 amdt 3.435\ndef access and equity program ins A2007-3 amdt 3.435\ndef action ins A2007-3 amdt 3.435\nom A2011-1 s 39\ndef administering chief executive ins A1995-51 s 4\nom A2011-21 s 106\ndef administrative arrangements ins A2016-52 s 72\ndef administrative unit reloc from s 3 A2007-3 amdt 3.428\ndef appeal ins A2011-1 s 40\ndef appeal committee ins A2007-3 amdt 3.435\nom A2011-21 s 107\ndef appellable classification ins A2016-52 s 72\ndef appellable decision ins A2011-1 s 41\nsub A2018-42 amdt 3.87\ndef appellable level position ins A2011-1 s 41\nom A2016-52 s 73\ndef appellable promotion ins A2007-3 amdt 3.435\nom A2011-1 s 42\ndef approving authority ins A2007-3 amdt 3.435\nom A2011-1 s 42\n\ndef auditor-general’s office ins A1996-24 s 4\nam A2013-25 amdt 1.3\nom A2016-52 s 74\ndef authorised doctor am A2004-39 amdt 5.25\nam A2011-21 s 108\ndef authorised officer ins A2007-3 amdt 3.435\ndef authorised person ins A2007-3 amdt 3.435\nom A2011-1 s 43\ndef autonomous instrumentality sub A1995-7 sch; A1996-24\ns 4\nam A2012-26 amdt 1.46; A2013-41 amdt 1.36, amdt 1.37;\npars renum R36 LA\nom A2016-52 s 74\ndef best practice principle ins A2016-52 s 75\ndef category A officer ins A2007-3 amdt 3.435\nom A2011-1 s 44\ndef category B officer ins A2007-3 amdt 3.435\nom A2011-1 s 44\ndef chief executive am A1995-51 s 4\nsub A2007-3 amdt 3.422\nsub A2007-16 amdt 3.137; A2011-1 s 45\ndef chief executive officer ins A1996-24 s 4\nsub A2007-3 amdt 3.423\nam A2012-26 amdt 1.47; A2013-41 amdt 1.38, amdt 1.39;\npars renum R36 LA\nsub A2016-52 s 76\ndef classification am A1995-51 s 4\nsub A2016-52 s 76\ndef clerk ins A2005-42 s 4\ndef commissioner reloc from s 3 A2007-3 amdt 3.428\nam A2016-52 s 77\nsub A2018-42 amdt 3.88\ndef Commonwealth Long Service Leave Act ins A2007-3\namdt 3.435\nom A2011-1 s 46\n\ndef Commonwealth officer am A2007-3 amdt 3.424\nom A2016-52 s 78\ndef confinement ins A2007-3 amdt 3.435\nom A2011-1 s 47\ndef confirmed officer ins A2016-52 s 79\ndef criminal offence am A1999-55 s 4; pars renum R4 LA\nom A2016-52 s 80\ndef decision ins A2007-3 amdt 3.435\nom A2011-1 s 48\ndef declaration ins A2016-52 s 81\ndef designated group ins A2007-3 amdt 3.435\nom A2016-52 s 82\ndef detached officer ins A2007-3 amdt 3.435\nom A2011-1 s 49\ndef direction ins A2007-3 amdt 3.435\ndef director reloc from s 3 A2007-3 amdt 3.428\nom A2011-1 s 50\ndef director-general ins A2011-21 s 110\nsub A2016-52 s 83\ndef disability ins A2007-3 amdt 3.435\nom A2016-52 s 84\ndef disciplinary appeal committee ins A2007-3 amdt 3.435\nom A2011-1 s 51\ndef discrimination ins A2007-3 amdt 3.435\nom A2016-52 s 84\ndef election candidate ins A2016-52 s 85\ndef eligible person ins A2016-52 s 85\nam A2019-36 s 11\ndef eligible public employment ins A2007-3 amdt 3.435\nom A2011-21 s 111\ndef employ ins A2016-52 s 85\ndef employee sub A1995-51 s 4; A2007-3 amdt 3.425\nam A2007-16 amdt 3.138; A2011-1 s 52\nsub A2011-21 s 112\nam A2016-52 s 86; pars renum R40 LA; A2018-42\namdt 3.89\ndef employment ins A2007-3 amdt 3.435\nom A2011-1 s 53\ndef employment matters ins A2007-3 amdt 3.435\nom A2016-52 s 87\ndef engager ins A2016-52 s 88\n\ndef equal employment opportunity program ins A2007-3\namdt 3.435\nom A2016-52 s 89\ndef equitable employer ins A2016-52 s 90\ndef essential qualification ins A2011-1 s 54\nom A2016-52 s 91\ndef excess officer ins A2007-3 amdt 3.435\nsub A2011-1 s 55; A2016-52 s 92\ndef executive ins A1995-51 s 4\nsub A2016-52 s 93\ndef executive office ins A1995-51 s 4\nom A2016-52 s 94\ndef exonerated ins A2016-52 s 95\ndef government agency reloc from s 3 A2007-3 amdt 3.428\nom A2016-52 s 96\ndef head of service ins A2011-21 s 113\nsub A2016-52 s 97\ndef incapacitated ins A2016-52 s 98\ndef industrial award am A2005-20 amdt 3.328; A2007-3\namdt 1.1\nom A2011-1 s 56\ndef industrial democracy program ins A2007-3 amdt 3.435\nom A2016-52 s 99\ndef industrial instrument ins A2011-1 s 57\nam A2016-52 s 100\ndef ineligible ins A2016-52 s 101\ndef internal appeal officer ins A2007-3 amdt 3.435\nom A2011-1 s 58\ndef job ins A2016-52 s 101\ndef joint council ins A2016-52 s 101\ndef joint selection committee ins A2011-1 s 59\nsub A2016-52 s 102\ndef leave ins A2007-3 amdt 3.435\nom A2011-1 s 60\ndef leave officer ins A2007-3 amdt 3.435\nom A2011-1 s 60\ndef Legislative Assembly secretariat ins A2005-42 s 4\ndef long service leave ins A2007-3 amdt 3.435\nom A2011-1 s 61\ndef management standards reloc from s 3 A2007-3\ndef management strategy ins A2016-52 s 103\n\ndef maternity leave ins A2007-3 amdt 3.435\nom A2011-1 s 62\ndef merit and equity principle ins A2016-52 s 103\ndef Merit Protection Act reloc from s 3 A2007-3 amdt 3.428\nom A2011-1 s 63\ndef merit protection agency reloc from s 3 A2007-3\nom A2011-1 s 63\ndef misconduct ins A2007-3 amdt 3.435\nsub A2011-1 s 64; A2016-52 s 104\ndef misconduct procedure ins A2016-52 s 105\ndef non-appellable promotion reloc from s 3 A2007-3\nam A2009-49 amdt 1.24\nom A2016-52 s 106\ndef notified ins A2007-3 amdt 3.435\nom A2011-21 s 114\ndef not qualified to perform duties ins A2011-1 s 65\nom A2016-52 s 106\ndef office ins A2007-3 amdt 3.435\nam A2011-1 s 66; A2011-21 s 115\nsub A2016-52 s 107\ndef office of chief executive ins A1995-51 s 4\nom R28 LA\ndef office of director-general ins R28 LA\nom A2016-52 s 108\ndef office of head of service ins A2011-21 s 116\nom A2016-52 s 108\ndef officer am A1995-7 sch; A1995-51 s 4; pars renum R4 LA\nsub A2007-3 amdt 3.426\nsub A2011-1 s 67\nam A2016-52 s 109, s 110; pars renum R40 LA\ndef original office ins A2007-3 amdt 3.435\nom A2011-1 s 68\ndef overseas reloc from s 3 A2007-3 amdt 3.428\nom A2016-52 s 111\ndef part-time office am A2007-3 amdt 3.427\nam A2016-52 s 112\ndef permanent resident ins A2019-36 s 12\ndef prescribed reloc from s 3 A2007-3 amdt 3.428\ndef principal union ins A2011-1 s 69\ndef proceeding ins A2007-3 amdt 3.435\nom A2011-1 s 70\n\ndef promotion reloc from s 3 A2007-3 amdt 3.428\nsub A2016-52 s 113\ndef promotion appeal committee reloc from s 3 A2007-3\nom A2011-1 s 71\ndef public employee reloc from s 3 A2007-3 amdt 3.428\nom A2016-52 s 114\ndef public office ins A2007-3 amdt 3.435\nom A2011-1 s 72\ndef public sector reloc from s 3 A2007-3 amdt 3.428\nsub A2016-52 s 115\nam A2025-29 amdt 3.249\ndef public sector employer ins A2016-52 s 116\ndef public sector member ins A2016-52 s 116\ndef public sector officer ins A2011-21 s 116\nom A2016-52 s 117\ndef public sector principles ins A2016-52 s 118\ndef public sector values ins A2016-52 s 118\ndef qualification ins A2016-52 s 118\ndef redundancy ins A2007-3 amdt 3.435\nom A2011-1 s 73\ndef relevant chief executive sub A2005-44 s 4\nom A2011-21 s 117\ndef relevant staff organisation am A2005-20 amdt 3.328\nom A2011-1 s 75\ndef relevant union ins A2011-1 s 74\ndef review ins A2007-3 amdt 3.435\nsub A2011-1 s 76\nom A2011-21 s 117\ndef reviewable decision ins A2011-1 s 77\nsub A2018-42 amdt 3.90\ndef salary ins A2007-3 amdt 3.435\nom A2011-1 s 78\ndef secretariat ins A2005-42 s 4\ndef senior executive service ins A2016-52 s 118\ndef service am A1995-51 s 4\nsub A2011-21 s 118\ndef SES member ins A2016-52 s 118\ndef SES position ins A2016-52 s 118\ndef SETs ins A2016-52 s 120\ndef specified ins A2007-3 amdt 3.435\nom A2011-21 s 119\n\ndef statutory employment terms ins A2016-52 s 120\nam A2018-42 amdt 3.91\ndef statutory office-holder reloc from s 3 A2007-3\nom A2016-52 s 119\ndef study bank ins A2007-3 amdt 3.435\nom A2011-1 s 79\ndef territory instrumentality am A2001-44 amdt 1.3480;\nA2003-56 amdt 3.176\nsub A2016-52 s 121\ndef transfer ins A2016-52 s 122\ndef unattached officer reloc from s 3 A2007-3 amdt 3.428\nsub A2011-21 s 120\ndef unauthorised absence ins A2007-3 amdt 3.435\nom A2011-1 s 80\ndef underperformance ins A2011-1 s 81\nom A2018-42 amdt 3.92\ndef unsuccessful election candidate ins A2016-52 s 123\ndef unsuitability criteria ins A2016-52 s 123\ndef vacant office ins A2016-52 s 123\ndef whole-of-government strategy ins A2016-52 s 123\n\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nfor\nR0A\n21 June 1995–\nA1994-108 amendments by\nA1994-108\nR0B\n1 July 1995–\n20 Dec 1995\nA1995-7 amendments by\nA1995-7\n1 Jan 1996\n21 Dec 1995–\nA1995-56 amendments by\nA1995-51 and\nA1995-56\nR1 (RI)\n21 Dec 1995–\nA1995-56 reissue of printed\nversion\nR1A\n1 July 1996–\n18 Aug 1996\nA1996-33 amendments by\nA1996-24,\nA1996-26 and\nA1996-33\n30 June 1997–\n30 Nov 1997\nA1996-39 amendments by\nA1996-39\nR2 (RI)\n30 June 1997–\n30 Nov 1997\nA1996-39 reissue of printed\nversion\nR2A\n9 Dec 1998–\n16 Sept 1999\nA1998-54 amendments by\nA1997-74 and\nA1998-54\nR2B\n17 Sept 1999–\n4 Dec 1999\nA1999-55 amendments by\nA1999-55\nR2C\n1 Jan 2000–\nA1999-82 amendments by\nA1999-55 and\nA1999-70\n\nEarlier republications 5\nfor\nR2D\n23 June 2000–\n30 Dec 2000\nA1999-82 amendments by\nA1999-82\nR2E\n31 Dec 2000–\n11 Sept 2001\nA2000-77 amendments by\nA2000-77\n12 Sept 2001\n12 Sept 2001–\n12 Sept 2001\nA2001-44 amendments by\nA2001-44\n24 Apr 2002\n13 Sept 2001–\nA2001-57 amendments by\nA2001-57\n28 May 2002–\n16 Sept 2002\nA2002-11 amendments by\nA2002-11\n17 Sept 2002\n17 Sept 2002–\nA2002-30 amendments by\nA2001-44 as\namended by\nA2002-30\nR7*\n1 July 2003–\n11 Dec 2003\nA2003-30 amendments by\nA2003-30\n12 Dec 2003\n12 Dec 2003–\n18 Dec 2003\nA2003-62 amendments by\nA2003-62\n19 Dec 2003\n19 Dec 2003–\n12 Apr 2004\nA2003-62 amendments by\nA2003-56\n13 Apr 2004\n13 Apr 2004–\nA2004-9 amendments by\nA2004-9\n1 July 2004–\n4 Aug 2004\nA2004-28 amendments by\nA2004-28\n5 Aug 2004\n5 Aug 2004–\nA2004-29 amendments by\nA2004-29\n2 June 2005–\nA2005-20 amendments by\nA2005-20\n7 July 2005–\n31 Aug 2005\nA2005-20 amendments by\nA2004-39\n1 Sept 2005\n1 Sept 2005–\n7 Sept 2005\nA2005-42 amendments by\nA2005-42\n8 Sept 2005\n8 Sept 2005–\n22 Nov 2005\nA2005-44 amendments by\nA2005-44\n\nfor\n23 Nov 2005\n23 Nov 2005–\n31 Dec 2005\nA2005-53 amendments by\nA2005-53\n1 Jan 2006\n1 Jan 2006–\n1 July 2006–\n8 Sept 2006\n9 Sept 2006\n9 Sept 2006–\n11 Apr 2007\n12 Apr 2007\n12 Apr 2007–\nA2007-3 amendments by\nA2007-3\n11 July 2007–\n24 Oct 2007\nA2007-16 amendments by\nA2007-16\n25 Oct 2007\n25 Oct 2007–\n22 Nov 2007\nA2007-31 amendments by\nA2007-31\n23 Nov 2007\n23 Nov 2007–\n30 Sept 2009\nA2007-37 amendments by\nA2007-37\nR25*\n1 Oct 2009\n1 Oct 2009–\n16 Dec 2009\nA2009-28 amendments by\nA2009-28\n17 Dec 2009\n17 Dec 2009–\n17 Apr 2011\nA2009-49 amendments by\nA2009-49\n18 Apr 2011\n18 Apr 2011–\nA2011-1 amendments by\nA2011-1\n1 July 2011–\n11 Dec 2011\nA2011-22 amendments by\nA2011-21 and\nA2011-22\n12 Dec 2011\n12 Dec 2011–\nA2011-52 amendments by\nA2011-52\n5 June 2012–\nA2012-21 amendments by\nA2012-21\n1 July 2012–\n7 Nov 2012\nA2012-26\n8 Nov 2012\n8 Nov 2012–\n22 Feb 2013\nA2011-45\n\nEarlier republications 5\nfor\nR33*\n23 Feb 2013\n23 Feb 2013–\nA2011-1\n2 July 2013–\n19 Feb 2014\nA2012-26 expiry of\ntransitional\nprovisions (pt 17)\n20 Feb 2014\n20 Feb 2014–\nA2013-25 amendments by\nA2013-25\n1 July 2014–\n20 Apr 2015\nA2013-41 amendments by\nA2013-41\n21 Apr 2015–\n13 Oct 2015\nA2015-10 amendments by\nA2015-10\n14 Oct 2015\n14 Oct 2015–\n8 Dec 2015\nA2015-33 amendments by\nA2015-33\n9 Dec 2015\n9 Dec 2015–\n31 Aug 2016\nA2015-50 amendments by\nA2015-50\n1 Sept 2016\n1 Sept 2016–\n8 Mar 2017\nA2016-52 amendments by\nA2016-52\n9 Mar 2017\n9 Mar 2017–\n27 Mar 2018\nA2017-4 amendments by\nA2017-4\n28 Mar 2018\n29 Mar 2018–\nA2018-10 amendments by\nA2018-10\n28 June 2018–\n21 Nov 2018\nSL2018-10 modifications by\nSL2018-10\n22 Nov 2018\n22 Nov 2018–\n10 Oct 2019\nA2018-42 amendments by\nA2018-42\n11 Oct 2019\n11 Oct 2019–\n25 Feb 2021\nA2019-36 amendments by\nA2019-36\n26 Feb 2021\n26 Feb 2021–\n3 Mar 2021\nA2021-3 amendments by\nA2021-3\n4 Mar 2021\n4 Mar 2021–\nA2021-3 amendments by\nA2020-46\n23 June 2021–\n1 Sept 2021\nA2021-12 amendments by\nA2021-12\n\n6 Expired transitional or validating provisions\nfor\n2 Sept 2021\n2 Sept 2021–\nA2021-12 expiry of provisions\n(s 152 (7), (8)),\ntransitional\nprovisions (pt 18)\nand modification\n(s 293A)\n3 July 2023–\n29 Sept 2023\nA2023-17 amendments by\nA2023-17\n30 Sept 2023\n30 Sept 2023–\n19 Apr 2024\nA2023-37 amendments by\nA2023-37\n20 Apr 2024\n20 Apr 2024–\n19 Sept 2024\nA2024-15 amendments by\nA2024-15\n20 Sept 2024\n20 Sept 2024–\n25 Sept 2024\nA2024-48 amendments by\nA2024-48\n26 Sept 2024\n26 Sept 2024–\n25 Nov 2025\nA2024-48 amendments by\nA2024-47\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":148}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The original 1994 statute primarily regulated the core public service employment framework and administrative units. Successive amendments have substantially broadened its reach to impose binding values and conduct standards on a wider class of public sector members (including statutory office-holders and territory instrumentality staff), created the independent Public Sector Standards Commissioner, introduced detailed statutory employment terms for the entire Senior Executive Service, and incorporated contemporary HR practices such as whole-of-government strategies, identified positions and union consultation mechanisms. The statute now functions as a comprehensive public-sector governance code rather than a narrow employment statute."},"complexity_factors":["Over 250 sections organised into 10 Parts with numerous Divisions and Schedules","Heavy use of defined terms (dictionary contains more than 60 entries, many cross-referencing the Legislation Act 2001)","Frequent cross-references to industrial instruments, management standards, the Fair Work Act 2009 (Cth) and other territory laws","Layered conditional logic for employment processes (e.g. probation periods, appeals, SETs changes, redeployment)","Nested exceptions and savings provisions for different categories of staff (officers, employees, SES, unattached officers, public sector members)"],"plain_english_summary":"**The Public Sector Management Act 1994** sets the rules for running the ACT Public Service and parts of the wider public sector. It creates an independent, non-political workforce that helps the government serve the community. The law lists four core **values** (respect, integrity, collaboration and innovation) and two key **principles** (best-practice work and merit-based hiring) that everyone must follow. It explains how to hire, promote, transfer, train, discipline or end the employment of public servants in a fair way. There are special rules for senior executives, including contracts, performance expectations and ways to handle under-performance or misconduct. A Public Sector Standards Commissioner can investigate complaints and give advice. Staff can appeal many decisions about promotion, transfer or discipline. The law also covers sharing information, protecting people who report problems, and how the service must work with unions and whole-of-government plans. It matters because it aims to make sure public money is spent efficiently, staff are treated fairly, and the community receives honest, high-quality services."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Originally enacted in 1994 to regulate the ACT public sector, the Act has been significantly expanded and restructured, particularly by the Public Sector Management Amendment Act 2016, which rewrote most parts. The original scope focused on core public service employment rules; later amendments added the senior executive service as a distinct group, the Public Sector Standards Commissioner, broader misconduct and re-entry provisions, and whole-of-government strategies. The Act now also extends certain standards to 'public sector members' (e.g., statutory office-holders) and covers secondments, which were not part of the original framework. The scope has grown from a simple employment code to a comprehensive governance framework for the ACT public sector."},"complexity_factors":["Extensive length: over 250 sections plus schedules and a dictionary","Numerous defined terms (47+ in the dictionary, including signpost definitions)","Heavy cross-referencing between parts, sections, and schedules","Nested exceptions and conditions (e.g., probation periods have multiple sub-sections for different categories)","Many provisions are framework-based, leaving details to be prescribed in management standards or industrial instruments","Multiple review and appeal mechanisms with different procedures depending on classification and type of decision","Frequent amendments over 30 years have layered complexity","Use of conditional language ('if', 'unless', 'subject to') throughout"],"plain_english_summary":"The **Public Sector Management Act 1994** is the main law governing how the ACT public service operates. It sets up the structure of the public service, defines the roles and responsibilities of its leaders (like the Head of Service and directors-general), and lays down rules for hiring, promoting, transferring, disciplining, and firing public servants. The Act also establishes a set of values (respect, integrity, collaboration, innovation) and principles (best practice, merit and equity) that all public servants must follow. It creates processes for handling misconduct, underperformance, and redeployment, and provides for a Public Sector Standards Commissioner to investigate certain matters. The law applies to both permanent officers and temporary employees, and also covers secondments and re-entry of former staff. Its purpose is to maintain an apolitical, efficient, and ethical public service that serves the ACT community."}},"importantCases":[],"_links":{"self":"/api/acts/public-sector-management-act","history":"/api/acts/public-sector-management-act/history","analysis":"/api/acts/public-sector-management-act/analysis","conflicts":"/api/acts/public-sector-management-act/conflicts","importantCases":"/api/acts/public-sector-management-act/important-cases","documents":"/api/acts/public-sector-management-act/documents"}}