Australian Capital Territory Government Service (Consequential Provisions) Act 1994

Australian Capital Territory Government Service (Consequential Provisions) Act 1994 | Zoe

Deep Dive

7,155 words · generated 11/06/2026

What it does

This Act effects the administrative and employment adjustments required when the Australian Capital Territory Government Service is established and staff move between the Australian Public Service and the A.C.T. Government Service. Its long title states the objective as making "provision consequential on the establishment of the Australian Capital Territory Government Service, and for related purposes." The Act fixes a framework for who is treated as transferred on commencement, what staffing and employment relationships cease by force of law, how personnel records may be transferred and used, how certain provisions of the Commonwealth Public Service legislation cease to apply to affected staff, and how leave and leave-related payments are to be handled as between the Commonwealth and the A.C.T. (see the short title and long title, and s 1, s 2, s 3, s 4, s 5, s 8, s 9, s 10, s 25 and s 26).

Mechanically, the Act does the following:

Establishes the timing mechanism for its operation: commencement is by proclamation (s 2(1)); if not proclaimed within 18 months of Royal Assent the Act is repealed (s 2(2)). The day it commences is the "transfer day" (s 3).
Treats a specific 1989 direction of the Public Service Commissioner as having included certain unattached officers in the ACT Branch on 9 June 1989 (s 4(1)-(4)).
Automatically terminates, on the transfer day, an officer’s status as an Australian Public Service officer if the person falls within the defined categories (s 5(1)-(3)). The cessation happens "by force of this section" and so does not require a further instrument (s 5(1)).
Authorises (permissively) the transfer of personnel files between Commonwealth Agency Heads and the appropriate ACT authority where a person moves between services, and specifies that personal information may be used by the recipient as if the recipient had itself collected the information (s 8(2)-(5)).
Removes the application of Part IV of the Public Service Act 1922 to officers who cease to be APS officers under s 5(1), and limits the operation of Division 3 of Part IV in specific cases tied to the ACT Branch (s 9(1)-(3)). It also cancels certain subordinate instruments to the extent they prescribe Calvary Hospital A.C.T. Incorporated as a public authority (s 9(4)).
Allows Agency Heads to arrange for services of officers to be made available across Commonwealth agencies and A.C.T. authorities (s 10).
Preserves certain recreation leave and recreation leave loading entitlements when an ACT officer is engaged as an APS employee under s 22 of the Public Service Act 1999, treating prior ACT service as if it had accrued under the APS regime for accrual and loading purposes (s 25(1), (3)-(6)).
Prevents particular leave-related amounts from becoming due where they would otherwise become payable solely because of the operation of s 5 (s 26(1)-(3)) or because of an APS resignation for appointment to the A.C.T. Government Service (s 26(2)-(3)).

The Act creates automatic legal effects (for example, cessation of APS status on transfer day (s 5(1))) and permissive administrative powers (for example, the "may deliver" authority for files in s 8(2)-(3), and the power of Agency Heads to make staffing arrangements in s 10). It also establishes a constrained transitional regime for leave entitlements and payments (s 25 and s 26).

Main concepts

The Act works through a small set of discrete legal concepts. These define the population affected, the moment when legal status changes, the scope of records transfer and use, and transitional treatments for remuneration and leave. Each concept appears in or depends on the Act’s definitions (s 3).

Transfer day. The transfer day is the day the Act commences (s 3, definition of "transfer day" and s 2 on commencement). That single day triggers statutory cessations, the cessation of application of other statutory provisions to specified persons (s 9), and the date on which personnel status is crystallised for the purposes of the Act (s 5).
ACT Branch and ACT officer. The Act operates by reference to the ACT Branch (the branch of the APS referred to in subsection 21(2) of the A.C.T. Self-Government (Consequential Provisions) Act 1988) and to "ACT officer" as defined by the Public Sector Management Act 1994 of the A.C.T. (s 3). Those cross-references are the Act’s mechanism for identifying which positions and persons are treated as A.C.T.-related for its purposes.
Effect of earlier staffing action. The Act treats a specified 1989 direction of the Public Service Commissioner as if it had included certain unattached officers in the ACT Branch on 9 June 1989 (s 4). This operates as a retrospective deeming device to fix historic inclusion, and so it governs who is treated as belonging to the ACT Branch for subsequent transfer treatment.
Automatic cessation of APS status. Section 5 provides that on the transfer day specified categories of officers "cease, by force of this section, to be an officer of the Australian Public Service." The categories include officers holding an office included in the ACT Branch, certain officers subject to Division 2 of Part IV of the Public Service Act and included in the ACT Branch, officers covered by the (repealed) Officers’ Rights Declaration Act 1928 by virtue of s 87TA of the Public Service Act and included in the ACT Branch, and unattached officers included in the ACT Branch (s 5(2)(a)-(d)). Section 5 also covers persons employed under Division 10 of Part III to perform duties in the ACT Branch and persons otherwise employed by the Commonwealth to perform duties in the ACT Branch (s 5(3)(a)-(b)).
Transfer and use of personnel files. Section 8 authorises relevant Secretaries or Agency Heads to deliver records to the appropriate ACT authority where, before the commencement of the Public Service Act 1999, a person moves between the services. The recipient may use personal information contained in such records "as if the information had been collected by" that recipient for the purposes of the relevant service (s 8(2)-(5)). The operative verbs are permissive ("may deliver", "may be delivered", "may be used as if...").

Who it affects

The Act affects several discrete categories of persons and decision-makers. The text identifies employees and office-holders by reference to other statutes, and those cross-references determine the population the Act reaches (s 3).

Primary groups affected:

Officers who hold an office included in the ACT Branch. On the transfer day such officers cease to be Australian Public Service officers by force of s 5(1)-(2)(a) regardless of whether they were performing duties immediately before transfer day (s 5(2)(a) and s 5(4)).
Officers who are included in the ACT Branch and who are subject to Division 2 of Part IV of the Public Service Act (s 5(2)(b)).
Officers included in the ACT Branch who were covered by the repealed Officers’ Rights Declaration Act 1928 via s 87TA of the Public Service Act (s 5(2)(c)).
Unattached officers included in the ACT Branch, other than those already captured by (b) or (c) (s 5(2)(d)).
Persons employed under Division 10 of Part III of the Public Service Act to perform duties in the ACT Branch, and persons otherwise employed by the Commonwealth to perform duties in the ACT Branch, cease that employment relationship on the transfer day (s 5(3)(a)-(b)). The statutory language expressly covers those not actually performing duties immediately before the transfer day (s 5(4)).
Persons who, before commencement of the Public Service Act 1999, move between being an APS officer and an ACT officer. Section 8 applies only in that pre-1999 context (s 8(1) and s 8(2)-(5) describe records delivered before commencement of the Public Service Act 1999).
Persons engaged under section 22 of the Public Service Act 1999 who were previously ACT officers and who possess recreation leave entitlements or recreation leave loading entitlements. Section 25 applies expressly to those engaged under s 22 of the Public Service Act 1999 (s 25(1), (3)-(6)).

Decision-makers and administrative actors affected:

Agency Heads and relevant Secretaries (as defined in the Public Service Act 1999) are given operational roles. They may deliver or receive personnel records (s 8(2)-(3)) and they may enter arrangements under s 10 permitting the services of officers to be made available across Commonwealth and ACT authorities.
The appropriate authority of the Australian Capital Territory (an administrative counterpart) is a recipient under s 8 for personnel records and a party to arrangements under s 10 for the provision of services.

Key duties and rights

The Act primarily imposes duties on administrative actors and preserves or removes statutory rights of employees by operation of law. It also confers permissive authorities. The relevant duties and rights are set out in the operative sections.

Duties and mandatory effects required by the Act:

Automatic cessation of APS status. Section 5 contains a compulsory legal effect: on the transfer day an officer of the Australian Public Service to whom the subsection applies "ceases, by force of this section, to be an officer of the Australian Public Service" (s 5(1)). That is an immediate operation of law rather than a discretionary act by an official. No separate administrative action appears required to trigger the change for persons meeting the statutory description (s 5(1)-(4)).
Cessation of Commonwealth employment relationships. Section 5(3) requires that persons employed under Division 10 of Part III of the Public Service Act to perform duties in the ACT Branch, and persons otherwise employed by the Commonwealth to perform duties in the ACT Branch, "cease, by force of this subsection, to be so employed" on the transfer day. That provision changes the employment relationship automatically (s 5(3)).

Permissive administrative authorities and duties:

Transfer of personnel files is permissive. Section 8(2)-(3) authorises, but does not require, the relevant Secretary or Agency Head to deliver to the appropriate ACT authority records reasonably necessary in connection with employment as an ACT officer, and similarly authorises delivery of ACT records to a Secretary or Agency Head where reasonably necessary (s 8(2)-(3)). The actor has discretion to decide whether delivery is "reasonably necessary," and the text uses the word "may."
Inter-agency staffing arrangements are authorised. Section 10 permits an Agency Head to arrange with an appropriate ACT authority for services of officers or employees to be made available to either party (s 10(a)-(b)). This is an enabling power rather than an obligation.

Rights preserved for employees:

Continuity of recreation leave entitlements where applicable. Section 25 applies to a person engaged under s 22 of the Public Service Act 1999 and preserves an entitlement to recreation leave if the person had that entitlement immediately before ceasing to be an ACT officer. On engagement as an APS employee, the person "retains that entitlement ... as if the entitlement had accrued under the Public Service Act 1999" (s 25(1), (3)). Section 25(4) treats prior ACT service as service under the Public Service Act 1999 for the purpose of accrual of recreation leave after engagement as an APS employee.

Penalties and enforcement

The Act contains no express criminal offences, civil penalties, or administrative sanctioning mechanisms. It achieves legal effects largely by operation of law and by permissive administrative powers rather than by punitive measures. The enforcement and compliance mechanics derive from statutory operation, administrative practice, and the cross-referenced regimes rather than from bespoke enforcement clauses in the Act itself.

Key points on enforcement mechanics and absence of penalties:

Automatic legal operation. Several provisions operate "by force" of the section (for example s 5(1) and s 5(3)). Those provisions change legal status automatically on the transfer day; compliance is therefore achieved by the statute effecting the change rather than by a penalty for non-observance (s 5(1)-(3)). There is no sanction provided for failing to note or act on that automatic change; instead, consequences flow from the substantive change in status.
Permissive powers without enforcement language. Section 8 uses "may deliver" and "may be delivered" when authorising the transfer of personnel records between Commonwealth and A.C.T. authorities (s 8(2)-(3)). Section 10 uses "may arrange" when allowing Agency Heads to enter service arrangements with A.C.T. authorities (s 10). Those sections do not prescribe any penalty for refusing or failing to make such arrangements or to deliver records, nor do they provide a statutory mechanism to compel cooperation.
Transitional payment prevention is declaratory and mandatory. Section 26 prevents certain amounts from becoming due where they would become payable only because of s 5 or because of resignation to accept appointment to the A.C.T. Government Service (s 26(1)-(2)). That is a clear statutory prohibition removing an obligation to pay in specified circumstances. The text does not, however, provide an enforcement instrument for breaches; instead, the prohibition itself removes the payment obligation. Enforcement of the statutory prohibition would be by traditional legal processes (for example, judicial review or dispute resolution in appropriate cases), but the Act supplies no dedicated remedial regime.
Data use authorisation, not accountability regime. Section 8(4)-(5) allows recipients to use transferred personal information "as if" they had collected it. There is no specific enforcement clause within this Act imposing privacy obligations or penalties for misuse. The Act therefore provides an internal legal basis for record use but does not itself create independent sanctions for misuse of personal information; any limits or enforcement would arise under other applicable laws or organisational rules, which are not contained in this text.

How it interacts with other laws

The Act is explicitly consequential and cross-referential. It operates by adjusting the application of provisions in a number of other statutes and by preserving or excluding entitlements that would otherwise be governed by those statutes. The key external instruments referenced within the Act are the Public Service Act 1922, the Public Service Act 1999, the Public Sector Management Act 1994 (A.C.T.), the A.C.T. Self-Government (Consequential Provisions) Act 1988, the repealed Officers’ Rights Declaration Act 1928, the Long Service Leave (Commonwealth Employees) Act 1976, and the APS Award 1998. The Act both borrows definitions from and disapplies elements of these instruments.

Direct cross-references and effects:

Public Service Act 1922. The Act uses the term "Public Service Act" to mean the Public Service Act 1922 (s 3). Section 9 expressly modifies the application of Part IV of the Public Service Act 1922 to particular officers affected by s 5(1) by providing that Part IV "ceases, on the transfer day, to have any application to the officer" (s 9(1)(a)). Regulations made under the Public Service Act are also affected to the extent identified in s 9(4).
Public Service Act 1999. The Act incorporates the later Commonwealth statute into transitional mechanics. Section 8 applies only to cases where the movement of persons between services occurred before commencement of the Public Service Act 1999 (s 8(1)). Sections 8(2)-(3) refer to "relevant Secretary or Agency Head (within the meaning of the Public Service Act 1999)" and authorise delivery of records to or from those roles. Section 25 applies to persons who are engaged under section 22 of the Public Service Act 1999 (s 25(1)) and treats certain entitlements "as if" they had accrued under that Act (s 25(3)-(4)).
Public Sector Management Act 1994 (A.C.T.). The Act defines "ACT officer" as a person who is an officer "within the meaning of the Public Sector Management Act 1994 of the Australian Capital Territory" (s 3). That definition is how the Act identifies personnel who are ACT officers for the purposes of the transitional leave and transfer provisions.
A.C.T. Self-Government (Consequential Provisions) Act 1988. The Act defines "ACT Branch" by reference to the branch of the Australian Public Service referred to in subsection 21(2) of that 1988 Act (s 3). The identity of the ACT Branch therefore depends on that earlier statutory instrument.
Officers’ Rights Declaration Act 1928 (repealed). Section 5(2)(c) references officers to whom the repealed Officers' Rights Declaration Act 1928 applied by virtue of s 87TA of the Public Service Act. Section 9(1)(b) notes the repealed Act ceases to have application on transfer day for certain officers. The Act thus acknowledges historical instruments and the interaction of those instruments with the Public Service Act.

Amendment history

The supplied text contains the enacted provisions but includes no explicit amendment schedule, notes of subsequent amendment, or annotated history within the source provided. The Act repeatedly restates parts of its text in the supplied material, but the source does not record later amendments, dates of amendment, or consequential changes beyond the text given. The Act itself references other Acts that are repealed or subsequent (for example references to the repealed Officers’ Rights Declaration Act 1928 in s 5(2)(c) and s 9(1)(b), and references to the Public Service Act 1999 in s 8 and s 25), which indicates the Act was drafted to interact with both earlier and later Commonwealth measures.

Specific observations from the text about legislative sequencing and sunset mechanisms:

Commencement mechanism and expiry. Section 2(1)-(2) provides that the Act commences on a day fixed by proclamation and that if it does not commence within 18 months after Royal Assent it is repealed on the first day after that period. That is an internal timing and expiry mechanism embedded by the Act (s 2). The presence of that commencement-linked repeal provision indicates a legislated contingency for non-proclamation.
References to repealed laws. The Act explicitly refers to the repealed Officers' Rights Declaration Act 1928 in s 5(2)(c) and s 9(1)(b). Because the text itself uses that historical reference, the Act was drafted with awareness of earlier Commonwealth instruments that interacted with public service rights.
Interaction with later Acts. The Act’s provisions dealing with personnel file transfer and leave entitlements look forward to the Public Service Act 1999 and the APS Award 1998 (s 8 and s 25). The reference to the Public Service Act 1999 in s 8 and s 25 indicates the Act was intended to operate across legislative changes to Commonwealth public service law.

What the source does not contain:

The source does not list any formal amendments, repeal provisions beyond s 2(2), or schedule of modifications enacted post-Royal Assent. There are no marginal notes indicating insertions or deletions. There is no legislative history included in the supplied text such as committee reports or later amendment Acts.

For completeness, users should consult official consolidated versions or parliamentary records external to this text to see whether subsequent amending Acts have modified these provisions. The supplied Act as given here contains the operative language described above but does not include a recorded amendment history in the source provided.

Litigation history

The supplied text does not include any cases, judicial decisions, or references to litigation interpreting the Act. There are no citations to judicial authority, no reported disputes, and no entries indicating that the provisions have been the subject of litigation within the source material.

Consequences of the absence of litigation material in the source:

No judicial interpretation provided. Because the source contains no reported cases, practitioners cannot rely on precedent or judicial gloss within the text itself to resolve ambiguous points arising under these provisions. Interpretation must rely on the statutory language and, where needed, principles of statutory construction.
Potential for litigation due to automatic status changes. The Act’s automatic cessation of APS status for certain officers on the transfer day (s 5) and its disapplication of Part IV protections (s 9) could create grounds for disputes if individuals or agencies contest whether a person fell within the statutory categories. The source contains no adjudicated examples of such disputes.
No recorded challenges to s 26 override. Section 26 uses explicit override language to prevent certain leave payments from becoming due "in spite of" other Acts (s 26(3)). The source contains no litigation testing the scope or legality of such overrides.

Given the lack of litigation history in the supplied materials, practitioners dealing with contested issues under this Act will need to analyse the express text carefully and, where judicial interpretation is required, bring questions before the relevant courts or tribunals. The absence of precedent in the source increases the importance of closely tracking the statutory wording (for example definitions in s 3, the precise categories in s 5, the "reasonably necessary" clauses in s 8, and the express "in spite of" override in s 26).

Gotchas

The Act contains several features that can produce unexpected administrative or legal outcomes for agencies and affected employees. These are not evaluative conclusions but practical points drawn from the Act’s text that create implementation risk or require attention.

Automatic cessation of APS status without administrative step

Section 5 provides that specified officers "cease, by force of this section, to be an officer of the Australian Public Service" on the transfer day (s 5(1)). That automatic legal operation means no separate resignation, termination notice, or trustee action is needed to effect the change. Agencies should not assume non-action is benign; the statutory change will have legal consequences for employment status, access to Commonwealth protections, and payroll responsibility.

Loss of Part IV protections and historical entitlements

Section 9 removes the application of Part IV of the Public Service Act to officers who cease to be APS officers under s 5(1) and removes application of the repealed Officers’ Rights Declaration Act 1928 where relevant (s 9(1)). In particular circumstances Division 3 of Part IV is also disapplied (s 9(2)-(3)). Affected staff may thereby lose certain statutory protections or processes they previously enjoyed; agencies must identify whether affected persons will no longer be covered and determine what alternative protections or processes will apply under ACT law.

Blocking of leave-related amounts that might have been expected

Section 26 prevents particular leave payments from becoming due if those amounts would arise solely because of the operation of s 5 or because of resignation from the APS to accept ACT appointment (s 26(1)-(2)). This statutory prevention could produce outcomes that staff expect to be payable but which the Act expressly removes. Payroll officers must not generate or pay such amounts in reliance on precedent or prior internal policy; the Act overrides competing provisions (s 26(3)).

Personal information use authorised as if collected by recipient

Section 8(4)-(5) allows the recipient of transferred personnel records to use personal information "as if" it had collected that information (s 8(4)-(5)). That authorisation displaces the need for fresh collection in relation to employment administration, but it also places responsibility on the recipient to treat the data under its own regimes. The Act does not itself set out privacy safeguards; recipients must reconcile this with applicable privacy obligations under other instruments.

How to comply

This section sets out concrete steps, drawn from the Act’s text, that agencies, Secretaries, Agency Heads, payroll officers, ACT authorities and affected employees should follow to implement the Act’s legal effects. All steps reference the relevant sections.

Track commencement and prepare for transfer day (s 2, s 3)

Monitor the proclamation that fixes the transfer day (s 2(1)). If no proclamation occurs within 18 months of Royal Assent, the Act is repealed (s 2(2)), so plan around the proclamation timetable. Treat the proclaimed transfer day as the single legal trigger for automatic changes under s 5 and s 9.
Establish a transfer-day checklist that records each person in categories described in s 5(2)-(3) so the employer status change can be applied on that date.

Identify affected personnel precisely (s 3, s 4, s 5)

Use the Act’s definitions: confirm which offices are included in the ACT Branch by reference to subsection 21(2) of the A.C.T. Self-Government (Consequential Provisions) Act 1988 and identify individuals who are "ACT officers" under the Public Sector Management Act 1994 (s 3).
Apply the deeming in s 4 where relevant: if a person was an unattached officer on 9 June 1989 and their last office related wholly or substantially to matters then dealt with by the ACT Branch, s 4(2)-(4) treats them as included in the ACT Branch on that date. Audit personnel records for such historical links.

Implement automatic cessation of APS status (s 5)

For each person identified under s 5(2)(a)-(d) and s 5(3)(a)-(b), record the cessation of APS status effective on transfer day. Because the cessation occurs "by force of this section," no resignation or termination steps are required to effect the legal change; however, administrative closure of payroll, tax, superannuation and access rights must be coordinated.
Document the legal basis for cessation in personnel files to support future queries or disputes.

Manage personnel records transfers under s 8

Determine which personnel records are "reasonably necessary" to deliver in connection with the person’s employment as an ACT officer or as an APS officer (s 8(2)-(3)). Create a records-transfer protocol documenting the basis for inclusion or exclusion of each record type.
Use secure transfer methods and maintain chain-of-custody records. Although the Act permits use of transferred personal information "as if" the recipient had collected it (s 8(4)-(5)), recipients should log the source of the records and any applicable retention or destruction timelines under their governance regimes.

Part 1

Preliminary

Part 1—Preliminary

Short title

1 Short title

This Act may be cited as the Australian Capital Territory Government Service (Consequential Provisions) Act 1994.

Commencement

2 Commencement

(1) This Act commences on a day to be fixed by Proclamation. (2) If this Act does not commence under subsection (1) within 18 months after the day on which it receives the Royal Assent, this Act is repealed on the first day after the end of that period.

Definitions

3 Definitions

(1) In this Act, unless the contrary intention appears:

ACT Branch means the branch of the Australian Public Service referred to in subsection 21(2) of the A.C.T. Self‑Government (Consequential Provisions) Act 1988.

ACT officer means a person who is an officer within the meaning of the Public Sector Management Act 1994 of the Australian Capital Territory.

Public Service Act means the Public Service Act 1922.

transfer day means the day on which this Act commences.

(2) An expression used in the Public Service Act, when used in this Act, has the same meaning as in the Public Service Act.

Part 2

Provisions related to the establishment of the Australian Capital Territory Government Service

An Act to make provision consequential on the establishment of the Australian Capital Territory Government Service, and for related purposes

Part 1—Preliminary

1 Short title

This Act may be cited as the Australian Capital Territory Government Service (Consequential Provisions) Act 1994.

2 Commencement

3 Definitions

(1) In this Act, unless the contrary intention appears:

ACT Branch means the branch of the Australian Public Service referred to in subsection 21(2) of the A.C.T. Self‑Government (Consequential Provisions) Act 1988.

ACT officer means a person who is an officer within the meaning of the Public Sector Management Act 1994 of the Australian Capital Territory.

Public Service Act means the Public Service Act 1922.

transfer day means the day on which this Act commences.

(2) An expression used in the Public Service Act, when used in this Act, has the same meaning as in the Public Service Act.

Part 2—Provisions related to the establishment of the Australian Capital Territory Government Service

4 Effect of earlier staffing action

(1) In this section, 1989 direction means the direction given by the Public Service Commissioner on 9 June 1989 under subsection 33C(2) of the Public Service Act and relating to the inclusion of certain unattached officers in the ACT Branch. (2) The 1989 direction is to be taken to have had the effect of including in the ACT Branch the unattached officers to whom the direction was expressed to apply and to have so included those officers on 9 June 1989. (3) A person to whom this subsection applies is to be taken to have been, on 9 June 1989, included in the ACT Branch. (4) Subsection (3) applies to a person if: (a) the person was, on 9 June 1989, an unattached officer; and (b) the last office held by the person before that date was an office the duties of which related, wholly or substantially, to matters that, as at 9 June 1989, were dealt with by the ACT Branch.

5 Certain persons cease to be members of the Australian Public Service

(1) On the transfer day, an officer of the Australian Public Service to whom this subsection applies ceases, by force of this section, to be an officer of the Australian Public Service. (2) Subsection (1) applies to the following officers: (a) an officer who holds an office included in the ACT Branch, whether or not the officer was performing the duties of that office immediately before the transfer day; (b) an officer to whom Division 2 of Part IV of the Public Service Act applies and who is included in the ACT Branch; (c) an officer to whom the repealed Officers’ Rights Declaration Act 1928 applies by virtue of section 87TA of the Public Service Act and who is included in the ACT Branch; (d) an unattached officer, other than an officer referred to in paragraph (b) or (c), who is included in the ACT Branch. (3) On the transfer day: (a) a person employed under Division 10 of Part III of the Public Service Act to perform duties in the ACT Branch ceases, by force of this subsection, to be so employed; and (b) a person otherwise employed by the Commonwealth to perform duties in the ACT Branch ceases, by force of this subsection, to be so employed. (4) Subsection (3) applies to a person whether or not the person was actually performing duties in the ACT Branch immediately before the transfer day.

8 Transfer of personnel files

(1) This section applies where before the commencement of the Public Service Act 1999: (a) a person ceases to be an officer of the Australian Public Service and becomes an ACT officer; or (b) a person ceases to be an ACT officer and becomes an officer of the Australian Public Service. (2) In a case referred to in paragraph (1)(a), the relevant Secretary or Agency Head (within the meaning of the Public Service Act 1999) may deliver to the appropriate authority of the Australian Capital Territory all records kept by the Secretary or Agency Head in relation to the person and reasonably necessary to be so delivered in connection with the employment of the person as an ACT officer. (3) In a case referred to in paragraph (1)(b), records kept, in relation to the person, for the purposes of the Australian Capital Territory Government Service may be delivered to the relevant Secretary or Agency Head (within the meaning of the Public Service Act 1999) if it is reasonably necessary for the records to be so delivered in connection with the employment of the person as an officer of the Australian Public Service. (4) Personal information contained in records delivered to an authority under subsection (2) may be used as if the information had been collected by the authority for the purposes of the Australian Capital Territory Government Service. (5) Personal information contained in records delivered to a Secretary or Agency Head under subsection (3) may be used as if the information had been collected by the Secretary for the purposes of the Australian Public Service.

9 Operation of Part IV of the Public Service Act in relation to certain staff

(1) If, but for this subsection, an officer to whom subsection 5(1) applies would have been, on the transfer day, an officer to whom a provision of Part IV of the Public Service Act applied: (a) Part IV of that Act ceases, on the transfer day, to have any application to the officer; and (b) in the case of an officer to whom a provision of Division 4 of Part IV of that Act would have applied, the repealed Officers’ Rights Declaration Act 1928 ceases, on the transfer day, to have any application to the officer. (2) If: (a) but for this subsection, Division 3 of Part IV of the Public Service Act would have applied to a person on the transfer day; and (b) the Department in which the person last held an office before that day was the ACT Branch; the person ceases, on the transfer day, to be a person to whom Division 3 of Part IV of the Public Service Act applies. (3) If: (a) but for this subsection, Division 3 of Part IV of the Public Service Act would have applied to a person on the transfer day; and (b) the last office held by that person before that day was an office the duties of which related, wholly or substantially, to matters that, as at the transfer day, were dealt with by the ACT Branch; the person ceases, on the transfer day, to be a person to whom Division 3 of Part IV of the Public Service Act applies. (4) To the extent that they prescribe Calvary Hospital A.C.T. Incorporated for the purposes of paragraph (d) of the definition of public authority in subsection 87(1) of the Public Service Act, regulations under that Act cease to have effect on the transfer day.

10 Arrangements relating to staffing

An Agency Head (within the meaning of the Public Service Act 1999) may arrange with an appropriate authority of the Australian Capital Territory: (a) for the services of officers or employees in the Agency (within the meaning of that Act) to be made available to the authority; or (b) for the services of officers or employees of the Australian Capital Territory Government Service to be made available to the Agency Head.

Part 5—Miscellaneous

25 Leave entitlements

(1) This section applies to a person who is engaged under section 22 of the Public Service Act 1999. (3) If, immediately before a person to whom this section applies ceases to be an ACT officer, the person has an entitlement, as such an officer, to leave of absence for recreation, the person retains that entitlement, on engagement as an APS employee, as if the entitlement had accrued under the Public Service Act 1999. (4) The Public Service Act 1999 has effect, in relation to the accrual, on and after the engagement of a person as an APS employee, of the person’s entitlement to leave of absence for recreation in relation to a period since the person last gained an entitlement, as an ACT officer, to leave of absence for recreation as if service by the person as an ACT officer during that period had been service as an APS employee. (5) If, immediately before the engagement of a person as an APS employee, the person has an entitlement, as an ACT officer, to be paid a recreation leave loading, the person retains the entitlement as if the entitlement had accrued under the APS Award 1998, but the entitlement is subject to the provisions of that award as if it had arisen under that award. (6) The reference in subsection (5) to a recreation leave loading is a reference to a payment that corresponds, or substantially corresponds, to a payment under the APS Award 1998.

26 Transitional provision: Leave payments

(1) If, but for this section: (a) an amount would become due to a person: (i) under the Public Service Act, or under regulations or a determination made under that Act, in lieu of leave of absence for recreation or in any other way in relation to any entitlement of the person to such leave of absence; or (ii) under the Long Service Leave (Commonwealth Employees) Act 1976; and (b) the amount would become due solely because of the operation of section 5 of this Act in relation to the person; the amount does not become due. (2) If, but for this section: (a) an amount would become due to a person: (i) under the Public Service Act 1999, or under regulations or a determination made under that Act, in lieu of leave of absence for recreation or in any other way in relation to any entitlement of the person to such leave of absence; or (ii) under the Long Service Leave (Commonwealth Employees) Act 1976; and (b) the amount would become due solely because of the resignation of the person from the Australian Public Service for the purpose of his or her being appointed to the Australian Capital Territory Government Service; the amount does not become due on the person’s resignation from the Australian Public Service. (3) This section has effect in spite of any provision of: (a) the Long Service Leave (Commonwealth Employees) Act 1976; or (b) the Public Service Act 1922 or the Public Service Act 1999; or (c) any regulations or determination made under either of those Acts.

Effect of earlier staffing action

4 Effect of earlier staffing action

Certain persons cease to be members of the Australian Public Service

5 Certain persons cease to be members of the Australian Public Service

Transfer of personnel files

8 Transfer of personnel files

Operation of Part IV of the Public Service Act in relation to certain staff

9 Operation of Part IV of the Public Service Act in relation to certain staff

Arrangements relating to staffing

10 Arrangements relating to staffing

Part 5

Miscellaneous

An Act to make provision consequential on the establishment of the Australian Capital Territory Government Service, and for related purposes

Part 1—Preliminary

1 Short title

This Act may be cited as the Australian Capital Territory Government Service (Consequential Provisions) Act 1994.

2 Commencement

3 Definitions

(1) In this Act, unless the contrary intention appears:

ACT Branch means the branch of the Australian Public Service referred to in subsection 21(2) of the A.C.T. Self‑Government (Consequential Provisions) Act 1988.

ACT officer means a person who is an officer within the meaning of the Public Sector Management Act 1994 of the Australian Capital Territory.

Public Service Act means the Public Service Act 1922.

transfer day means the day on which this Act commences.

(2) An expression used in the Public Service Act, when used in this Act, has the same meaning as in the Public Service Act.

Part 2—Provisions related to the establishment of the Australian Capital Territory Government Service

4 Effect of earlier staffing action

5 Certain persons cease to be members of the Australian Public Service

8 Transfer of personnel files

9 Operation of Part IV of the Public Service Act in relation to certain staff

10 Arrangements relating to staffing

Part 5—Miscellaneous

25 Leave entitlements

26 Transitional provision: Leave payments

Leave entitlements

25 Leave entitlements

Transitional provision: Leave payments

26 Transitional provision: Leave payments

Source text: opening excerpt

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

Part 1 Preliminary

Part 1—Preliminary

1 Short title

This Act may be cited as the Australian Capital Territory Government Service (Consequential Provisions) Act 1994.

2 Commencement

3 Definitions

(1) In this Act, unless the contrary intention appears:

ACT Branch means the branch of the Australian Public Service referred to in subsection 21(2) of the A.C.T. Self‑Government (Consequential Provisions) Act 1988.

ACT officer means a person who is an officer within the meaning of the Public Sector Management Act 1994 of the Australian Capital Territory.

Public Service Act means the Public Service Act 1922.

transfer day means the day on which this Act commences.

(2) An expression used in the Public Service Act, when used in this Act, has the same meaning as in the Public Service Act.

Part 2 Provisions related to the establishment of the Australian Capital Territory Government Service

An Act to make provision consequential on the establishment of the Australian Capital Territory Government Service, and for related purposes

Part 1—Preliminary

1 Short title

This Act may be cited as the Australian Capital Territory Government Service (Consequential Provisions) Act 1994.

2 Commencement

3 Definitions

(1) In this Act, unless the contrary intention appears:

ACT Branch means the branch of the Australian Public Service referred to in subsection 21(2) of the A.C.T. Self‑Government (Consequential Provisions) Act 1988.

ACT officer means a person who is an officer within the meaning of the Public Sector Management Act 1994 of the Australian Capital Territory.

Public Service Act means the Public Service Act 1922.

transfer day means the day on which this Act commences.

(2) An expression used in the Public Service Act, when used in this Act, has the same meaning as in the Public Service Act.

Plain English Summary

Deep Dive

What it does

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply

Current sections

Preliminary

Part 1—Preliminary

Short title

1 Short title

Commencement

2 Commencement

Definitions

3 Definitions

Provisions related to the establishment of the Australian Capital Territory Government Service

Part 1—Preliminary

1 Short title

2 Commencement

3 Definitions

Part 2—Provisions related to the establishment of the Australian Capital Territory Government Service

4 Effect of earlier staffing action

5 Certain persons cease to be members of the Australian Public Service

8 Transfer of personnel files

9 Operation of Part IV of the Public Service Act in relation to certain staff

10 Arrangements relating to staffing

Part 5—Miscellaneous

25 Leave entitlements

26 Transitional provision: Leave payments

Effect of earlier staffing action

4 Effect of earlier staffing action

Certain persons cease to be members of the Australian Public Service

5 Certain persons cease to be members of the Australian Public Service

Transfer of personnel files

8 Transfer of personnel files

Operation of Part IV of the Public Service Act in relation to certain staff

9 Operation of Part IV of the Public Service Act in relation to certain staff

Arrangements relating to staffing

10 Arrangements relating to staffing

Miscellaneous

Part 1—Preliminary

1 Short title

2 Commencement

3 Definitions

Part 2—Provisions related to the establishment of the Australian Capital Territory Government Service

4 Effect of earlier staffing action

5 Certain persons cease to be members of the Australian Public Service

8 Transfer of personnel files

9 Operation of Part IV of the Public Service Act in relation to certain staff

10 Arrangements relating to staffing

Part 5—Miscellaneous

25 Leave entitlements

26 Transitional provision: Leave payments

Leave entitlements

25 Leave entitlements

Transitional provision: Leave payments

26 Transitional provision: Leave payments

Source text: opening excerpt

Part 1 Preliminary

Part 1—Preliminary

1 Short title

1 Short title

2 Commencement

2 Commencement

3 Definitions

3 Definitions

Part 2 Provisions related to the establishment of the Australian Capital Territory Government Service

Part 1—Preliminary

1 Short title

2 Commencement

3 Definitions

Part 2—Provisions related to the establishment of the Australian Capital Territory Government Service

4 Effect of earlier staffing action

5 Certain persons cease to be members of the Australian Public Service