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Public Sector Employment and Management Act 1993
3Interpretation
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3 Interpretation
(1) In this Act:
administration management principle, see section 5B.
Agency means a unit of government administration, office or
statutory corporation:
(a) nominated in an Administrative Arrangement Order as an
Agency for this Act; or
(b) declared by another Act to be an Agency for this Act.
appeal board means a board convened under section 59C for an
appropriate minister, for an Agency, means the minister for the
time being administering the Agency or to whom the administration
of the Act by which the Agency was established or continued in
existence is allotted by an Administrative Arrangements Order.
award means an award, determination, decision, order or
enterprise agreement (however described) in force under an Act, or
a law of the Commonwealth, that provides for the determination of
conditions of employment of a person.
breach of discipline, see section 49.
casual employee means an employee employed as mentioned in
section 29(3)(c).
Chief Executive Officer, see section 19.
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Commissioner means:
(a) unless paragraph (b) applies – the person holding or
occupying the office of Commissioner for Public Employment
mentioned in section 8; or
(b) for an employee in the Department of the Legislative
Assembly – the Speaker.
designation means a specified level or range of salaries assigned
to an employee in an Agency on a scale described in an award or
determined by the Commissioner.
disciplinary action means action under section 49C(1)(b) or (c).
employee means a person employed in the Public Sector, other
than the Commissioner or a Chief Executive Officer.
employment, for an employee, means employment in an Agency.
Employment Instructions means rules made under section 16.
equality of employment opportunity principle, see section 5E.
Executive Contract of Employment means a contract of service:
(a) as the Commissioner; or
(b) as a Chief Executive Officer; or
(c) to perform duties or a class of duties determined under
section 34(1)(b) as duties or a class of duties which may only
be performed for a fixed period;
and which is nominated as an Executive Contract of Employment in
the contract document.
fixed period employee means an employee employed as
mentioned in section 29(3)(b), including an employee employed
under an Executive Contract of Employment.
health practitioner means:
(a) a medical practitioner; or
(b) any other person registered under the Health Practitioner
Regulation National Law to practise in a health profession
(other than as a student).
human resource management principle, see section 5C.
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inability or performance grounds, see section 44(1).
merit principle, see section 5D.
ongoing employee means an employee employed as mentioned
in section 29(3)(a).
performance and conduct principle, see section 5F.
promotion means giving to an employee a higher attainable
maximum salary than the salary previously attainable by the
Public Sector means all the Agencies.
public sector principles means the principles mentioned in
section 5A(1).
relevant Chief Executive Officer, in Part 9, Division 2, means the
Chief Executive Officer who made the decision the subject of the
remedial action means action under section 46(1)(b) or(c).
remuneration includes salary and allowances.
salary includes wages, and salary or wages payable by increments
within a range of salary or wages.
(3) Subject to section 4(3), where there is an inconsistency between
this Act and any other law of the Territory, being a law that makes
specific provision for the employment of a person to perform duties
in an Agency, to the promotion of an employee or an employee of a
class of employees or a matter relating to the employment of an
employee, the other law applies subject to this Act.
(4) Where there is an inconsistency between this Act and an award in
force in the Territory or any legislation relating to superannuation
applying to an employee, the Commissioner or a Chief Executive
Officer, this Act applies subject to the award or that legislation.
(5) For the purposes of the Northern Territory (Self-Government)
Act 1978 of the Commonwealth, the Public Sector shall be taken to
be the Public Service of the Territory referred to in that Act and the
Commissioner the Public Service Commissioner of the Territory.
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