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Public Sector Act 2022
sec.129Definitions for part
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### sec.129 Definitions for part
In this part—
conversion decision means a decision—
under section 115 not to convert the employment of a public sector employee mentioned in section 112 to a permanent basis; or
under section 115 to convert the employment of a public sector employee mentioned in section 112 to a permanent basis in circumstances provided for under a directive made under section 115 (8) about the hours of work offered when offering to convert the employment basis to a permanent basis; or
under section 116 not to convert the employment of a public sector employee mentioned in section 113 (1) to a permanent basis, if the employee’s right to make the additional request for review under section 116 arose from a decision under section 115 ; or
under section 116 to convert the employment of a public sector employee mentioned in section 113 (1) to a permanent basis in circumstances provided for under a directive made under section 115 (8) about the hours of work offered when offering to convert the employment basis to a permanent basis, if the employee’s right to make the additional request for review under section 116 arose from a decision under section 115 ; or
under section 120 or 121 not to employ a public sector employee at a higher classification level, if the employee had been acting at, or seconded to, the higher classification level for a continuous period, as defined for the employee in a directive made under section 120 (7) , of at least 2 years.
directive decision means a decision to take, or not to take, action under a directive.
disciplinary decision means a decision under a disciplinary law to discipline—
a person (other than by termination of employment), including the action taken in disciplining the person; or
a former public sector employee by way of a disciplinary declaration made under section 95 , including if the disciplinary action that would have been taken was termination of employment.
fair treatment decision means a decision a public sector employee believes is unfair and unreasonable.
promotion decision means a decision to promote a public sector employee employed on a permanent basis.
suspension without pay decision means a decision to suspend a public sector employee under section 101 without entitlement to normal remuneration.
transfer decision means a decision to transfer—
a public service officer; or
a public sector employee, if a regulation has prescribed that the following provisions apply to the employee, without or without modification—
chapter 4 , part 4 , division 3 ; and
this part, in relation to a decision under chapter 4 , part 4 , division 3 .
work performance direction decision means a decision of the commissioner under section 124 (5) (b) to give a direction about rectifying a defect in the procedural aspects of the handling of a work performance matter, to the extent the direction affects the employee the subject of the work performance matter.
- (a) under section 115 not to convert the employment of a public sector employee mentioned in section 112 to a permanent basis; or
- (b) under section 115 to convert the employment of a public sector employee mentioned in section 112 to a permanent basis in circumstances provided for under a directive made under section 115 (8) about the hours of work offered when offering to convert the employment basis to a permanent basis; or
- (c) under section 116 not to convert the employment of a public sector employee mentioned in section 113 (1) to a permanent basis, if the employee’s right to make the additional request for review under section 116 arose from a decision under section 115 ; or
- (d) under section 116 to convert the employment of a public sector employee mentioned in section 113 (1) to a permanent basis in circumstances provided for under a directive made under section 115 (8) about the hours of work offered when offering to convert the employment basis to a permanent basis, if the employee’s right to make the additional request for review under section 116 arose from a decision under section 115 ; or
- (e) under section 120 or 121 not to employ a public sector employee at a higher classification level, if the employee had been acting at, or seconded to, the higher classification level for a continuous period, as defined for the employee in a directive made under section 120 (7) , of at least 2 years.
- (a) a person (other than by termination of employment), including the action taken in disciplining the person; or
- (b) a former public sector employee by way of a disciplinary declaration made under section 95 , including if the disciplinary action that would have been taken was termination of employment.
- (a) a public service officer; or
- (b) a public sector employee, if a regulation has prescribed that the following provisions apply to the employee, without or without modification— (i) chapter 4 , part 4 , division 3 ; and (ii) this part, in relation to a decision under chapter 4 , part 4 , division 3 .
- (i) chapter 4 , part 4 , division 3 ; and
- (ii) this part, in relation to a decision under chapter 4 , part 4 , division 3 .
- (i) chapter 4 , part 4 , division 3 ; and
- (ii) this part, in relation to a decision under chapter 4 , part 4 , division 3 .