Part 2Transitional provisions

Part 2—Transitional provisions 2—Administrative units continued as departments or attached offices (1) At the commencement of this Act, the Public Service will consist of the administrative units continued as departments or attached offices by proclamation. (2) The Governor may make a proclamation for the purposes of subclause (1). (3) A proclamation under this clause may assign the same or a new title to a department or attached office and, in the case of an attached office, attach the office to a department or departments. 3—Public Service employees continue in same employment (1) A person (including a chief executive) employed in an administrative unit of the Public Service under the Public Sector Management Act 1995 immediately before the commencement of this Act continues to be employed in the same administrative unit with the same duties, subject to this Act. (2) A person (including a chief executive but excluding an executive within the meaning of the Public Sector Management Act 1995) employed under a contract under the Public Sector Management Act 1995 immediately before the commencement of this Act continues to be employed on the same contractual terms, subject to this Act. (3) The following provisions apply to an employee who was an executive within the meaning of the Public Sector Management Act 1995 immediately before the commencement of this clause while the person remains employed in the public sector on a basis that is determined by the Commissioner to result in the employee being an executive employee: (a) despite Part 7 Division 2, the conditions of the person's employment as an executive employee need not be made subject to a contract under that Division; (b) if the employee's conditions of employment were not, immediately before the commencement of this clause, subject to a contract under Part 7 Division 1 of the Public Sector Management Act 1995— (i) Part 7 Division 2 of this Act does not apply to the employee unless the employee becomes party to a contract of the kind required under Part 7 Division 2 of this Act; and (ii) until the employee becomes party to such a contract, the employee may resign by not less than 3 months notice in writing to the agency (unless notice of a shorter period is accepted by the agency); (c) if, immediately before the commencement of this clause, the employee's conditions of employment were subject to a contract under Part 7 Division 1 of the Public Sector Management Act 1995 and the employee was, if not reappointed, entitled to some other appointment in the Public Service on an ongoing basis— (i) the employee continues to be employed on the same contractual terms and to have that same entitlement, subject to this Act; and (ii) Part 7 Division 2 of this Act does not apply to the employee unless the employee becomes party to a contract of the kind required under Part 7 Division 2 of this Act; and (iii) until the employee becomes party to such a contract, the employee may resign by not less than 3 months notice in writing to the agency (unless notice of a shorter period is accepted by the agency); (d) if, immediately before the commencement of this clause, the employee's conditions of employment were subject to a contract under Part 7 Division 1 of the Public Sector Management Act 1995 (the former Act contract) and the employee was, if not reappointed, entitled to some other appointment in the Public Service on a contractual basis— (i) the employee continues to be employed on the same contractual terms and to have that same entitlement, subject to this Act; and (ii) Part 7 Division 2 of this Act does not apply to the employee for the balance of the term of the former Act contract and for the term of the contract relating to any such other appointment (in the event of such other appointment having been made) unless the employee becomes party to a contract of the kind required under Part 7 Division 2 of this Act; (e) if, immediately before the commencement of this clause, the employee's conditions of employment were subject to a contract under Part 7 Division 1 of the Public Sector Management Act 1995 (the former Act contract) and the employee was not, if not reappointed, entitled to some other appointment in the Public Service— (i) the employee continues to be employed on the same contractual terms, subject to this Act; and (ii) Part 7 Division 2 of this Act does not apply to the employee for the balance of the term of the former Act contract unless the employee becomes party to a contract of the kind required under Part 7 Division 2 of this Act; (f) in the circumstances described in paragraphs (d) and (e), until the employee becomes party to a contract of the kind required under Part 7 Division 2 of this Act, the following provisions apply: A—Conditions of executive's employment (1) The employment of a person as an executive employee of a public sector agency is to be subject to a contract made between the employee and the agency. (a) that the employee is employed for a term not exceeding 5 years specified in the contract; and (b) that the employee is to meet performance objectives as set from time to time by the agency. (3) Subject to the regulations, the contract may make any other provision considered appropriate, including provision excluding or modifying a provision of this Act. (4) The decision whether to engage the employee for a further term must be made and notified to the employee not less than 3 months before the end of the employee's current term of employment. B—Resignation of executives An executive employee of a public sector agency may resign by not less than 3 months notice in writing to the agency (unless notice of a shorter period is accepted by the agency). C—Termination of executive's employment by notice (1) A public sector agency may, by notice in writing, terminate the employment of an executive employee of the agency without specifying any grounds. (2) Subject to the contract relating to the employee's employment, if the employee's employment is terminated by the agency by notice under subclause (1), the employee is entitled to a termination payment of an amount equal to 3 months remuneration (at the rate determined for the purpose under the employee's contract) for each uncompleted year of the employee's employment (with a pro rata adjustment in relation to part of a year) up to a maximum of 12 months remuneration. (3) The period of notice under subclause (1) must be at least 3 months except where the employee is compensated by payment of an amount equal to the remuneration that would have been payable during the balance of the period of 3 months (at the rate determined for the purpose under the employee's contract). (4) If the employee's employment is terminated by notice under subclause (1) and the employee was, immediately before the commencement of this clause, entitled under section 36(3)(a) of the Public Sector Management Act 1995 to some other appointment in the Public Service in the event of termination of the employee's employment by notice under section 36(2) of the Public Sector Management Act 1995— (a) subclauses (2) and (3) do not apply; and (b) section 36(3) and (5) of the Public Sector Management Act 1995 apply as if those provisions continued in force. (5) The power conferred by this clause is in addition to the power to terminate an executive employee's employment under section 54 of this Act. 4—Probation continued A person employed on probation under the Public Sector Management Act 1995 immediately before the commencement of this Act continues to be employed on probation subject to this Act. 5—Remuneration levels The remuneration levels of positions occupied by employees in the Public Service under the Public Sector Management Act 1995 immediately before the commencement of this Act continue as the remuneration levels of the employees subject to this Act. 6—Leave rights Subject to this Act, existing and accruing rights in respect of leave of employees continued in employment under this Act remain in full force and effect. 7—Commissioner The person appointed as Commissioner for Public Employment under the Public Sector Management Act 1995 immediately before the commencement of this Act continues as the Commissioner, on the same conditions of appointment, subject to this Act. 8—Equal employment opportunity programs An equal employment opportunity program under section 67 of the Public Sector Management Act 1995 immediately before the commencement of this Act continues as an employment opportunity program subject to this Act. 9—Determinations and decisions continued A determination or decision made under a provision of the Public Sector Management Act 1995 and in force under the Public Sector Management Act 1995 immediately before the commencement of this Act continues in force subject to this Act as if made under the corresponding provision of this Act. Legislative history Notes • Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. • Earlier versions of this Act (historical versions) are listed at the end of the legislative history. • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or . Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement Public Sector Act 2009 23.7.2009 1.2.2010 (Gazette 28.1.2010 p319) except Sch 3 cl 1 which will not be brought into operation Statutes Amendment (Budget 2010) Act 2010 as amended by 31/2011 18.11.2010 Pt 11 (ss 62 & 64)—1.7.2011: s 2(2); ss 60, 61 & 63 were deleted by 31/2011 without coming into operation Statutes Amendment (Budget 2011) Act 2011 4.8.2011 Pt 4 (ss 16 & 17)—20.10.2011 (Gazette 20.10.2011 p4270) Independent Commissioner Against Corruption Act 2012 6.12.2012 Sch 3 (cl 71)—20.12.2012 (Gazette 20.12.2012 p5742) Statutes Amendment and Repeal (Budget 2012) Act 2012 6.12.2012 Pt 10 (ss 32 & 33)—1.7.2012: s 2(2) Statutes Amendment (SACAT) Act 2014 11.12.2014 Pt 12 (ss 132—137)—deleted by 59/2016 without coming into operation Planning, Development and Infrastructure Act 2016 21.4.2016 Sch 6 (cl 24)—1.7.2019 (Gazette 27.6.2019 p2320) Statutes Amendment (SACAT) Amendment Act 2016 Statutes Amendment (South Australian Employment Tribunal) Act 2016 Pt 18 (ss 128—135)—1.7.2017 (Gazette 16.5.2017 p1221) Public Interest Disclosure Act 2018 15.11.2018 Sch 1 (cll 2 & 3)—1.7.2019 (Gazette 18.4.2019 p1070) Education and Children's Services Act 2019 8.8.2019 Sch 1 (cl 12)—1.7.2020 (Gazette 11.6.2020 p3305) Statutes Amendment and Repeal (Budget Measures) Act 2021 25.2.2021 Pt 11 (s 49)—10.10.2022 (Gazette 29.9.2022 p6255) Correctional Services (Accountability and Other Measures) Amendment Act 2021 8.4.2021 Sch 1 (cl 1)—3.6.2021 (Gazette 3.6.2021 p1819) Public Sector (Ministerial Travel Reports) Amendment Act 2023 7.12.2023 7.12.2024: s 2 Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Long title amended under Legislation Revision and Publication Act 2002 Pt 1