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
(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not commence under subsection (1) within 18 months after the day on which it receives the Royal Assent, this Act is repealed on the first day after the end of that period.
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.