Public Sector Management Act

26 November 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 26 November 2025. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication includes amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

contents 1 Page 1 Name of Act 2 2 Dictionary 2 2A Notes 2 4 Offences against Act—application of Criminal Code etc 3 5 Objects of Act 3 6 Meaning of public service job—div 2.1 4 7 Meaning of public sector values 4 8 Meaning of public sector principles 5 9 Public sector conduct 5

Page contents 2 Public Sector Management Act 1994 12 ACT Public Service 8 13 Administrative units 8 14 Ministerial responsibility and functions of administrative units 9 15 Machinery of government changes—officers 9 16 Machinery of government changes—employees 11 17 Head of service functions 12 18 Delegation by head of service 13 19 Directors-general functions 14 20 Delegation by director-general 16 21 Exercise of certain director-general functions by head of Access Canberra 16 22 Executive functions 18 23 Establishment of offices 18 24 Officers 19 25 Employees 19 26 Management strategies for the service 20 27 Application of the merit and equity principle 21 28 Establishment of joint council 22 29 Notification of certain employment matters 23 30 Definitions—pt 4 24 31 Engagement of SES member 24 32 Record about SES member 25 33 Change to SES member’s SETs 25 34 Circumstances when SETs must be changed 26 35 Circumstances when SETs may be changed 26 36 SETs changed by change in administrative arrangements 27 37 Suspension of SES member 27

Page contents 3 38 End of SES member’s engagement 27 39 SES member may resign 28 40 End of engagement by resignation—abandonment of engagement by SES member 28 41 Loss of eligibility 29 42 Invalidity retirement 29 Division 5.1 Preliminary 63 Definitions—pt 5 31 65 Reclassification of office 31 65A Reclassification of office—returning LAMS officer 32 66 Part-time office 33 68 Appointment to vacant office 34 69 Record about officers 35 70 Appointment on probation 35 71 Appointment on probation—prescribed training office 37 71A Appointment on probation—teachers 38 71B Extension of period of probation 39 71C Appointment without probation 41 83 Promotion to vacant office 41 84 Promotion appeal 42 85 Promotion appeal by excess officer 42 86 Review of certain promotion decisions 43 87 Promotion on advice of joint selection committee 44 88 How promotions take effect 45 89 Death of officer before appeal or review decided 46 90 Cancellation of promotion 46 92 Transfer to vacant office 47 93 Simultaneous transfer within administrative unit 47

Page contents 4 Public Sector Management Act 1994 94 Transfer between administrative units 48 96B Transfer on advice of joint selection committee 48 96C How transfer takes effect 49 96D Cancellation of transfer 49 100 Temporary transfer 49 101 Notification of certain temporary transfers to higher office 50 102 Appeal against temporary transfer to higher office 51 103 Lapsing or discontinuing of appeal 51 104 Temporary transfer if appeal successful 52 105 Promotion or transfer after passing examination 53 106 Training offices 53 107 Promotion or transfer to training office 55 108 Movement within administrative unit 55 109 Movement between administrative units 56 110 Fixed term temporary employment 57 111 Casual temporary employment 59 112 Work performed after end of temporary employment 59 113 Record about employees 59 114 Becoming unattached officer 60 115 Becoming unattached officer on medical grounds 61 116 Appointment as unattached officer 61 117 Reappointment as unattached officer 61 118 Secondment to the service 62 119 Secondment of public servant to another employer 63 Part 6 Redeployment, underperformance and end of employment of officers 120 Definitions—pt 6 64 121 Retirement 64 122 Redeployment 64

Page contents 5 123 Reduction in classification or retirement 65 124 Limitation on retirement on ground of invalidity 67 124A End of employment if visa no longer held 68 125 Underperformance 68 126 End of employment for misconduct 69 127 Forfeiture of office 69 Division 7.1 Preliminary 128 Definitions—pt 7 71 129 Limitation on re-engagement of SES member 72 130 Re-engagement of SES member after abandonment of employment 73 131 Re-engagement of SES member if unsuccessful election candidate 73 132 Re-engagement of SES member after quashing etc of conviction 74 133 Reappointment of former excess officer 75 134 No engagement or employment of certain former excess officers in certain circumstances 75 135 Reappointment of officer after forfeiture of office 76 136 Reappointment of officer if unsuccessful election candidate 77 137 Reappointment of officer after quashing etc of conviction 77 138 No reappointment of former officer in certain circumstances 78 139 Re-employment of employee if unsuccessful election candidate 79 140 Re-employment of employee after quashing etc of conviction 80 141 Re-employment after maternity leave 81 142 Appointment of commissioner 82 143 Arrangements for commissioner from another jurisdiction to exercise functions 82 143A Independence of commissioner 83 144 Functions of commissioner 83

Page contents 6 Public Sector Management Act 1994 145 Leave of absence for commissioner 84 146 Suspension and removal of commissioner 84 147 Ending commissioner’s appointment without suspension 85 148 Arrangements for staff and facilities 86 149 Delegation by commissioner 86 149A Independence of public employees exercising commissioner functions 87 150 Meaning of public sector member etc 87 151 Public sector standards for public sector member etc 88 152 Certain office-holders have management powers 89 153 Application of whole-of-government strategies 91 154 Alleged misconduct by statutory office-holder etc 91 155 Alleged mismanagement of public sector employer’s staff etc 92 156 Prescribed public sector member 93 223 Definitions—pt 9 94 224 Reviewable decision—notice and review 94 225 Appellable decision—notice and appeal 94 241 Payment on leaving the service 95 242 Authorisation to share protected information 95 242A Authorisation to share certain personal information with relevant union 96 243 Protection of people in relation to work reports on officers or employees 98 244 Work outside the service 98 245 Additional payment 99 246 Repaying overpayment 99 247 Impersonation etc at examinations 100 249 Imprisonment 101 250 Attachment of salary of officers and employees 102 250A Deduction of monetary penalty 102 251 Management standards 102 252 Regulation-making power 104

Page contents 7 Schedule 1 Reviewable decisions 105 Schedule 2 Appellable decisions 106 Dictionary 107 1 About the endnotes 116 2 Abbreviation key 116 3 Legislation history 117 4 Amendment history 126 5 Earlier republications 170 6 Expired transitional or validating provisions 174

An Act to regulate the administration of the public sector of the Territory, and for related purposes

1 Name of Act This Act is the Public Sector Management Act 1994.

2 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act. For example, the signpost definition ‘appellable decision, for part 9 (Review and appeal)—see section 223.’ means that the term ‘appellable decision’ is defined in that section for part 9. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

2A Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act s 127 (1), (4) and (5) for the legal status of notes.

Preliminary Part 1

4 Offences against Act—application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

5 Objects of Act The main objects of this Act are to— (a) establish and maintain an apolitical public sector with clear values, clear standards of conduct and a best practice focus; and (b) establish and maintain a public service that assists the Executive to meet the needs of the community and serves the community on behalf of the Executive; and (c) promote and uphold the public sector values, standards of conduct and best practice focus.

Part 2 Administration of the public service Note This division sets out values, principles and conduct requirements that apply to a public servant. This division also applies to a public sector member (see s 151).

6 Meaning of public service job—div 2.1 In this division: job, of a public servant, means the functions the public servant is required to exercise because of the public servant’s employment in the service.

7 Meaning of public sector values (1) The public sector values are— (a) respect; and (b) integrity; and (c) collaboration; and (d) innovation. (2) The public sector values must be— (a) demonstrated by a public servant when acting in connection with the public servant’s job; and (b) applied in a way that is appropriate to the public servant’s job; and (c) used to inform and evaluate the operation of the service.

Public sector standards Division 2.1

8 Meaning of public sector principles (1) The public sector principles are— (a) the best practice principle; and (b) the merit and equity principle. (2) A public servant must do the public servant’s job in accordance with the best practice principle. (3) The head of service must exercise a function under this Act in accordance with the merit and equity principle. best practice principle—a public servant does the public servant’s job in accordance with the best practice principle if the public servant— (a) works efficiently, effectively and constructively; and (b) is responsive, collaborative and accountable; and (c) makes fair and reasonable decisions. merit and equity principle—the head of service exercises a function under this Act in accordance with the merit and equity principle if the head of service— (a) is an equitable employer; and (b) employs a person in a job who is best able to do the job in all the circumstances.

9 Public sector conduct (1) A public servant must— (a) take all reasonable steps to avoid a conflict of interest; and (b) declare or manage a conflict of interest that cannot reasonably be avoided; and

(c) when acting in connection with the public servant’s job— (i) comply with laws applying in the Territory; and (ii) comply with any lawful and reasonable direction given by a person with the authority to give the direction; and (iii) if dealing with a member of the public—make all reasonable efforts to help the person to understand the person’s entitlements, and any requirement the person is obliged to meet, under a territory law; and (iv) treat all people with courtesy and sensitivity to their rights and aspirations; and (d) do the public servant’s job with reasonable care and diligence, impartiality and honesty. (2) A public servant must not— (a) behave in a way that— (i) is inconsistent with the public sector values; or (ii) undermines the integrity and reputation of the service; or (b) take improper advantage of the public servant’s job or information gained through the public servant’s job; or (c) improperly use a Territory resource, including information, accessed through the public servant’s job; or (d) without lawful authority— (i) disclose confidential information gained through the public servant’s job; or Note The Crimes Act 1900, s 153 (1) makes it an offence for a public servant to disclose information that it is the public servant’s duty not to disclose. (ii) make a comment that reasonably appears to be an official comment; or

Public sector standards Division 2.1 (e) when acting in connection with the public servant’s job—bully, harass or intimidate anyone; or (f) when doing the public servant’s job—apply improper influence, favouritism or patronage. (3) For a misconduct procedure, failing to act in a way that is consistent with subsection (1) or (2) may be misconduct. Note A misconduct procedure means a procedure set out in an industrial instrument or prescribed by regulation (see dict, def misconduct procedure). (4) A public servant (a discloser) must tell the following person about any maladministration or corrupt or fraudulent conduct by a public servant or a public sector member of which the discloser becomes aware: (a) the head of service; (b) if the alleged maladministration or corrupt or fraudulent conduct is by the head of service— (i) the director-general of the administrative unit in which the public servant is employed; or (ii) if the head of service is the director-general of the administrative unit in which the public servant is employed—another director-general. (5) This section does not— (a) affect the operation of any other Act; or (b) create or affect any other legal right.

12 ACT Public Service (1) The ACT Public Service is established. Note Establish includes constitute and continue in existence (see Legislation Act, dict, pt 1). (2) The ACT Public Service is made up of the administrative units established under section 13. (3) The members of the ACT Public Service are— (a) the following (the senior executive service): (i) the head of service; (ii) directors-general; (iii) executives; and (b) officers; and (c) employees. (4) The Territory is the employer of all members of the service.

13 Administrative units (1) The Chief Minister may establish administrative units. (2) An administrative unit is made up of the offices within the (3) An instrument under subsection (1) is a notifiable instrument.

Administrative arrangements Division 2.3

14 Ministerial responsibility and functions of administrative units (1) For the Australian Capital Territory (Self-Government) Act 1988 (Cwlth), section 43 (1), the Chief Minister may make a determination allocating responsibility to a Minister in relation to the following matters: (a) governing the Territory in relation to a stated matter; (b) an Act; (c) the Executive’s powers under a Commonwealth law; (d) prerogatives of the Crown for the matters mentioned in paragraphs (a) to (c). (2) The Chief Minister must determine which administrative unit is responsible for a matter mentioned in subsection (1). (3) For the Australian Capital Territory (Self-Government) Act 1988 (Cwlth), section 43 (2), any Minister is authorised to act on the Chief Minister’s behalf or on behalf of another Minister. (4) Subsection (3) is subject to the Legislation Act, section 41 (Making of certain statutory instruments by Executive) and section 253 (Exercise of functions of Executive). (5) A determination is a notifiable instrument.

15 Machinery of government changes—officers (1) If an administrative unit is abolished, the head of service may, in writing, transfer an office in the administrative unit to another

(2) If, because of administrative arrangements approved by the Chief Minister, a matter that immediately before those arrangements took effect was the responsibility of an administrative unit (the losing area) becomes the responsibility of another administrative unit (the gaining area), the head of service may, in writing, transfer an office in the losing area to the gaining area where the holder of the office is required to perform duties that— (a) relate wholly or mainly to that matter; or (b) are certified by the Chief Minister to be ancillary to, or attributable to, that matter. (3) The transfer of an office under subsection (1) or (2) does not affect the identity of that office or anything done in relation to the office before the transfer. (4) Without limiting the operation of subsection (3)— (a) if immediately before its transfer, an office was occupied by a person—the office continues to be occupied by the person; and (b) if immediately before its transfer, an office was a part-time office—the office continues to be a part-time office. (5) If an office is transferred to another administrative unit, an officer who is appointed to the office is taken to have been transferred to that (6) If a vacant office is transferred, and a selection process for the office is incomplete, the head of service— (a) if a person has been told, in writing, that the person is selected for the office—must complete the selection process; and (b) in any other circumstance—may complete the selection process.

Administrative arrangements Division 2.3 (7) An instrument under subsection (1) that is expressed to transfer an office on the abolition of an administrative unit may be made before the abolition takes effect.

16 Machinery of government changes—employees (1) If— (a) an administrative unit is abolished; or (b) because of administrative arrangements approved by the Chief Minister, a matter that was the responsibility of an administrative unit (the losing area) immediately before those arrangements took effect becomes the responsibility of another administrative unit (the gaining area); subsection (2) has effect. (2) The head of service may direct in writing that— (a) if subsection (1) (a) applies—an employee who was employed in the administrative unit immediately before the abolition is to be employed in another administrative unit; or (b) if subsection (1) (b) applies—an employee who was employed in the losing area immediately before the arrangements took effect is to be employed in the gaining area; and, if such a direction is given, an employee is taken as from that time to be employed as so directed, in the same capacity and subject to the same conditions as were applicable immediately before that time. (3) Without limiting subsection (2), that subsection does not extend the term of employment of a person beyond the time when it would have ended if the employment had not been affected by a direction under that subsection. (4) An instrument made for subsection (2) may be made before the abolition takes effect.

17 Head of service functions (1) The head of service— (a) is responsible for the leadership and management of the service; and (b) is answerable to the Chief Minister. Note The head of service is engaged by the Chief Minister under section 31 (1). (2) The head of service has the following leadership functions: (a) to develop, oversee the implementation of, coordinate and provide advice and reports to the Chief Minister about whole-of-government strategies; (b) to provide direction across the service in relation to critical or potentially critical issues; (c) to promote cooperation and collegiality within and between administrative units; (d) to promote and uphold in the service the public sector values, (e) any other function given to the head of service by the Chief Minister.

(3) The head of service has the following management functions: (a) to engage, appoint and employ people on behalf of the Territory in accordance with the merit and equity principle; (b) to organise public servants in the service; Note Subsection (4) sets out requirements for the organisation of the service. (c) to provide advice and reports to the Chief Minister about employment in the service; (d) any other function given to the head of service by the Chief Minister. (4) For subsection (3) (b), the organisation of the service must— (a) give effect to the administrative arrangements; and (b) enable efficient and effective management of the service; and (c) promote the administration of the service in a way that is consistent with the public sector values, the public sector principles and the conduct required of a public servant. (5) The head of service may declare that a day will be a holiday for all or part of the service. (6) A declaration is a notifiable instrument.

18 Delegation by head of service (1) The head of service may— to the head of service under this Act or any other law applying in the ACT; or

delegated to the head of service under this Act or any other law applying in the ACT. (2) However, the head of service must not delegate or subdelegate a satisfied that the function needs to be exercised by a person who is

19 Directors-general functions (1) A director-general is— (a) responsible for leadership of an administrative unit and leadership in the service; and (b) answerable to the Minister responsible for the administrative unit and to the head of service. Note A director-general is engaged by the head of service under section 31 (2). (2) A director-general has the following functions in relation to the director-general’s administrative unit: (a) to provide advice and reports to the Minister responsible for the administrative unit and the head of service on matters relating to the administrative unit; (b) to manage the business of the administrative unit; (c) any other function given to the director-general— (i) by the Minister responsible for the administrative unit; or (ii) by the head of service; or (iii) under this Act or another territory law;

(d) to exercise a function mentioned in paragraphs (a) to (c) taking into account the responsibilities of the government as a whole, including by collaborating with other directors-general. Note 1 Function includes authority, duty and power (see Legislation Act, dict, pt 1). Note 2 A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity). (3) A director-general has the following leadership functions: (a) to provide advice to the head of service about the development and coordination of whole-of-government strategies; (b) to lead the implementation of whole-of-government strategies; (c) to implement, at the direction of the head of service— (i) strategies for the administration of the service; and (ii) responses to critical or potentially critical issues; (d) to work efficiently, effectively and constructively with other directors-general to ensure a whole-of-government focus and promote cooperation and collegiality within and between administrative units; (e) to promote and uphold in the service the public sector values, (f) any other function given to the director-general by— (i) the Minister responsible for the administrative unit; or (ii) the head of service.

20 Delegation by director-general (1) A director-general may— to the director-general under this Act or any other law applying in the ACT; or delegated to the director-general under this Act or any other law applying in the ACT. (2) However, a director-general must not delegate or subdelegate a satisfied that the function needs to be exercised by a person who is

21 Exercise of certain director-general functions by head of Access Canberra (1) The responsible Minister may declare that a function given to a director-general under a territory law dealing with a relevant matter may be exercised by the head of Access Canberra (a declared function). (2) A declaration is a notifiable instrument. (3) The head of Access Canberra may exercise a declared function.

(4) The head of Access Canberra may delegate a declared function to a public servant or another person. Note For the making of delegations and the exercise of delegated functions, (5) However, the head of Access Canberra may only delegate a declared function to the extent permitted by other territory laws. Example—extent permitted A declaration is made in relation to a function given to the director-general under the XYZ Act. That Act states that the director-general may only delegate the function to an employee. The head of Access Canberra may also only delegate the function to an employee. (6) Nothing in this section limits the exercise of a declared function by the director-general given the function. (7) Anything done in the exercise of a declared function is not invalid only because of a defect or irregularity in, or in relation to, a declaration. (8) In this section: Access Canberra means the business unit known as Access Canberra. head, of Access Canberra, means the person occupying the position (however described) of head of Access Canberra. relevant matter means a matter mentioned in an administrative arrangement— (a) responsibility for which is allocated to the responsible Minister; and (b) relating to Access Canberra. responsible Minister means the Minister responsible for Access Canberra.

22 Executive functions (1) An executive— (a) is responsible for leadership in the service; and (b) is answerable to the head of service and the director-general for the administrative unit in which the executive is employed. Note An executive is engaged by the head of service under section 31 (2). (2) An executive has the following leadership functions: (a) to advance whole-of-government strategies as part of the senior executive service; (b) to promote and demonstrate cooperation and collegiality within and between administrative units; (c) to promote and uphold in the service the public sector values, (d) any other function given to the executive by— (i) the head of service; or (ii) the director-general for the administrative unit in which the executive is employed.

23 Establishment of offices (1) The head of service may, in writing, establish an office in an (2) The instrument establishing the office must state the classification of the office and whether the office is a full-time or part-time office.

(3) The comparative level of classifications is determined by the maximum salary payable to a classification. Example The top of the salary range for the classification Butcher 2 is $70 000. The top of the salary range for the classification Baker 3 is $78 000. The salary of the classification Candlestick Maker 4 (which has no salary range) is also $78 000. Baker 3 and Candlestick Maker 4 are equal classifications. Butcher 2 is a lower classification than Baker 3 or Candlestick Maker 4.

24 Officers (1) An officer is appointed to an office on a permanent basis. Note See pt 5 for provisions about the employment of officers. (2) An officer is taken to have the classification of the office that the officer occupies.

25 Employees (1) An employee is employed to exercise the functions of an office on a temporary basis. Note See div 5.8 for provisions about employees. (2) The head of service may only employ a person as an employee if satisfied that— (a) there is no officer with the classification of the office available in the service with the expertise, skills or qualifications required for the functions to be exercised; or Note An officer is taken to have the classification of the office that the officer occupies (see s 24). (b) assistance of a temporary nature is required and, because of urgency or the specialised nature of the functions, it is not practical in the circumstances to use an existing officer to do the work; or

(c) the employment is consistent with a management strategy to— (i) ensure the Territory is an equitable employer; or (ii) eliminate disadvantage in relation to public service employment. Note The head of service must exercise a function in relation to the engagement of an employee in accordance with the merit and equity principle (see s 8 (3)). 26 Management strategies for the service (1) The head of service must develop, oversee the implementation of and coordinate each of the following management strategies: (a) a strategy to ensure the Territory is an equitable employer; (b) a strategy to eliminate disadvantage in relation to public service employment; (c) a strategy to ensure appropriate participation by a public servant in decisions about the management of the public servant and the public servant’s workplace; (d) a strategy to ensure the service gives members of the community fair and timely access to resources, managed by the Executive, to which they are entitled. (2) For the development of each management strategy, the head of service— (a) must consult the joint council; and (b) may consult other entities that have an interest in the strategy; and (c) must give a copy of the strategy to the Chief Minister.

Management of the service Division 3.2

27 Application of the merit and equity principle (1) This section applies in relation to selecting— (a) a person to be engaged in an SES position for a period of more than 9 months; or (b) a person to be appointed as an officer to a vacant office; or (c) an officer to be transferred to a higher level vacant office for a period of more than 3 months; or (d) an officer to be promoted to a vacant office; or (e) a person to be employed as a fixed term employee for a period of more than 12 months. (2) The head of service must ensure— (a) all eligible people have, as far as practicable, a reasonable opportunity to apply for selection; and (b) selection of a person is made on the basis of a comparative assessment of the applicants, having regard to— (i) the nature of the functions to be exercised by the selected person; and (ii) the relevant abilities, qualifications, experience, personal qualities and potential for development of the applicants; and (c) the person selected is an eligible person. (3) For subsection (2) (a), the people who may apply for selection may be limited— (a) for an office—if the office is an identified position; or (b) in accordance with a management strategy to— (i) ensure the Territory is an equitable employer; or

(ii) eliminate disadvantage in relation to public service employment; or (c) in accordance with a territory law. Aboriginal or Torres Strait Islander person means a person who— (a) is a descendant of an Aboriginal person or a Torres Strait Islander person; and (b) identifies as an Aboriginal person or a Torres Strait Islander person; and (c) is accepted as an Aboriginal person or a Torres Strait Islander person by an Aboriginal community or Torres Strait Islander community. identified position means an office that the head of service has decided, in accordance with a prescribed process, must be occupied by— (a) an Aboriginal or Torres Strait Islander person; or (b) a person with disability.

28 Establishment of joint council (1) The head of service must establish a consultative forum for relevant unions and the service (the joint council). Note Establish includes constitute and continue in existence (see Legislation Act, dict, pt 1). (2) The joint council must operate in accordance with terms of reference approved by the head of service. (3) The terms of reference are a notifiable instrument.

Management of the service Division 3.2

29 Notification of certain employment matters (1) The head of service must publish in the gazette notice of the following: (a) an appointment under division 5.3; (b) a promotion under division 5.5; (c) a permanent transfer under division 5.6; (d) a temporary transfer in accordance with section 101; (e) a movement under division 5.7; (f) a redeployment under part 6; (g) a reduction in classification under part 6; (h) a retirement under part 6. (2) For a promotion under section 87 (Promotion on advice of joint selection committee), the head of service must state in the notification— (a) that the selection involved— (i) a union agreed joint selection committee; or (ii) a management initiated joint selection committee; and (b) whether the promotion is appellable or reviewable. union agreed joint selection committee—see section 87.

Part 4 Engagement of senior executive service

30 Definitions—pt 4 SETs—see statutory employment terms. statutory employment terms (or SETs), for an SES member, means— (a) each function assigned to the SES member; and (b) where the SES member is engaged; and Examples administrative unit, territory authority (c) the SES member’s classification; and (d) the SES member’s salary; and (e) the hours the SES member is engaged to work; and (f) the period the SES member is engaged to work; and (g) any prescribed SETs.

31 Engagement of SES member (1) The Chief Minister may engage an eligible person, under a contract, on behalf of the Territory as the head of service. (2) The head of service may engage an eligible person, under a contract, on behalf of the Territory as a director-general or an executive. (3) An SES member’s contract with the Territory must— (a) be in writing; and (b) be signed by the engager and the person; and (c) state the SETs for the SES member; and

(d) be for a period of not more than 5 years. (4) Subject to this Act, the engagement of an SES member is governed by the terms of the contract.

32 Record about SES member For each SES member, the head of service must keep a record of— (a) the SES member’s date of birth; and (b) the SES position in which the SES member is engaged; and (c) the day on which the SES member’s engagement started; and (d) the day on which the SES member’s engagement will end; and (e) any past employment as a public servant, including the days on which the employment started and ended.

33 Change to SES member’s SETs (1) The engager of an SES member may make a permanent or temporary change to 1 or more of the SES member’s SETs in accordance with any prescribed requirement or notice period under— (a) section 34 (Circumstances when SETs must be changed); or (b) section 35 (Circumstances when SETs may be changed); or (c) section 36 (SETs changed by change in administrative arrangements). (2) The engager— (a) must be satisfied that making the change is consistent with the public sector principles; and (b) may only— (i) change an SES member’s SETs if the SES member is an eligible person for the new SETs; and

(ii) for a director-general—change the director-general’s SETs if the Chief Minister and the Minister responsible for the director-general’s administrative unit have been consulted about the change. (3) Any change to an SES member’s SETs must be in writing.

34 Circumstances when SETs must be changed The engager of an SES member must change the SES member’s SETs if— (a) the SES member can no longer be engaged with the SETs and the engager is able to give the SES member another suitable SES position; or (b) prescribed circumstances when an SES member’s SETs must be changed are met. Example—par (a) An executive’s contract requires the executive to do a particular task, but the executive acquires a disability and can no longer do the task. Note An SES position may be changed by changing 1 or more SETs (see s 33 (1)).

35 Circumstances when SETs may be changed The engager of an SES member may change the SES member’s SETs if— (a) the SES member, in writing, asks for the change and the engager is satisfied the request is reasonable; or (b) the engager is satisfied the change is required for the efficient and effective management of the service; or (c) the SES member is selected for another SES position in accordance with a selection process. Example—par (a) Gillian asks to change from full-time to part-time employment.

Example—par (b) John has expertise that is relevant to an emerging critical issue. John’s administrative unit and functions are changed when he is moved to a whole-of-government taskforce to address the issue. None of John’s other SETs are changed. Example—par (c) Barlow, a part-time, temporary executive, is selected for a full-time, permanent SES position in a different administrative unit, at a different classification. All of Barlow’s SETs are changed. Note An SES position may be changed by changing 1 or more SETs (see s 33 (1)).

36 SETs changed by change in administrative arrangements (1) This section applies to directors-general and executives if the Chief Minister makes a change to the administrative arrangements. (2) The head of service may make 1 or both of the following changes to the SES member’s SETs: (a) change a function assigned to the SES member; (b) change the administrative unit in which an SES member is engaged.

37 Suspension of SES member The engager of an SES member may suspend the SES member’s engagement with pay or without pay in accordance with any prescribed requirement.

38 End of SES member’s engagement The engager of an SES member may end the SES member’s engagement, on behalf of the Territory, in accordance with any prescribed requirement or prescribed notice period— (a) under section 41 (Loss of eligibility); or (b) under section 42 (Invalidity retirement); or

(c) if a misconduct procedure finds the disciplinary action to be taken is to end the SES member’s engagement; or (d) if the engager loses confidence in the SES member’s ability to exercise the functions which the SES member has been engaged to exercise; or (e) if the SES member’s SES position is no longer required for the efficient and effective operation of the service—if the engager is unable to give the SES member another suitable SES position; or (f) if the engager considers it is in the interest of the service for the SES member’s engagement to be ended.

39 SES member may resign (1) An SES member’s engagement ends if, in accordance with any prescribed notice period, the SES member tells the engager, in writing, that the SES member resigns. (2) The SES member may only withdraw the SES member’s resignation with the approval of the engager.

40 End of engagement by resignation—abandonment of engagement by SES member (1) This section applies if the engager is reasonably satisfied an SES member has abandoned the SES member’s engagement because— (a) the SES member has been absent for— (i) 14 consecutive days; or (ii) 28 days in a 12-month period; and (b) the SES member— (i) fails to seek approval for the absence; and (ii) fails to give a reasonable explanation for the absence; and

(iii) does not indicate an intention to return to work within a reasonable time. (2) For subsection (1) (b), another person may seek approval, give an explanation or indicate an intention on behalf of an SES member if the SES member is not able to do it. (3) The SES member’s engagement ends if— (a) the engager follows the prescribed process; and (b) after following the prescribed process, the engager remains satisfied that the SES member has abandoned the SES member’s engagement.

41 Loss of eligibility The engager of an SES member must end the SES member’s engagement if— (a) the SES member stops being an eligible person for the SES member’s SES position; and (b) the engager is unable to give the SES member another suitable SES position.

42 Invalidity retirement (1) The engager of an SES member may end the SES member’s engagement if the SES member is unable to exercise the functions assigned to the SES member because of physical or mental incapacity. (2) However, the engager may only end the SES member’s engagement because of physical or mental incapacity if— (a) for an eligible employee under the Superannuation Act 1976 (Cwlth)—the requirements for invalidity retirement under that Act are met; or

(b) for a member of the superannuation scheme established under the Superannuation Act 1990 (Cwlth)—the requirements for invalidity retirement under that Act are met; or (c) for an ordinary employer sponsored member of the PSSAP within the meaning of the Superannuation Act 2005 (Cwlth)— the requirements for invalidity retirement under that Act are met; or (d) for a member of a superannuation scheme declared by the head of service—the requirements for invalidity retirement under the scheme are met.

Preliminary Division 5.1 Part 5 Employment of officers and employees Division 5.1 Preliminary 63 Definitions—pt 5 appellable classification means a classification— (a) with a maximum salary that is lower than the minimum salary for the senior officer grade C classification; or (b) for which teaching qualifications are required. joint selection committee means a committee constituted as prescribed and includes— (a) a committee that is agreed to by the principal union; and (b) a management initiated committee. unsuitability criteria—see section 70 (4).

65 Reclassification of office (1) The head of service may, in writing, change the classification of an office in accordance with any prescribed requirement. (2) If the head of service changes the classification of an office to a higher classification— (a) the office becomes vacant; and (b) the officer who occupied the office immediately before the change becomes an unattached officer.

(3) However, if the head of service changes the classification of a class of offices, the head of service may, in writing, disapply subsection (2).

65A Reclassification of office—returning LAMS officer (1) A returning LAMS officer may apply, in writing, to the head of service for a review of the officer’s original classification and salary. (2) An application may be made not later than 30 days, or any longer period approved by the head of service, after the returning LAMS officer returns to work in the service. (3) On receiving an application, the head of service must establish a committee made up of— (a) 1 person nominated by the head of service; and (b) 1 person nominated by the commissioner; and (c) an independent officer. (4) The committee must consider the returning LAMS officer’s application and make a recommendation about the officer’s classification and salary. (5) The head of service may prescribe procedures that a committee must follow in considering an application. (6) The head of service must decide a classification and salary for the officer that is not less than the officer’s original classification and salary, having regard to— (a) the committee’s recommendation; and (b) the officer’s employment immediately before being employed under the Legislative Assembly (Members’ Staff) Act 1989; and (c) the length of the employment; and

Change to office Division 5.2 (d) the functions exercised by the officer in the employment; and (e) any other matter that the head of service considers relevant. (7) The head of service must give the returning LAMS officer a copy of the decision. (8) The head of service’s decision has effect, or is taken to have had effect, when the officer returns to work in the service. (9) In this section: independent officer, in relation to an application by a returning LAMS officer, means— (a) if requested by the returning LAMS officer—a person nominated by a relevant union; or (b) a person chosen in accordance with prescribed procedures. original classification, of a returning LAMS officer, means the classification of the office that the officer occupied immediately before being employed under the Legislative Assembly (Members’ Staff) Act 1989. original salary, of a returning LAMS officer, means the salary to which the officer was entitled immediately before being employed under the Legislative Assembly (Members’ Staff) Act 1989. returning LAMS officer means an officer who— (a) while an officer, was employed under the Legislative Assembly (Members’ Staff) Act 1989; and (b) has returned, or will return, to work in the service.

66 Part-time office (1) The head of service may, in writing, declare a vacant office to be a part-time office.

(2) The head of service may, in writing, declare an occupied office to be a part-time office if the officer appointed to the office consents to the declaration. (3) The head of service may change the part-time hours of a part-time office— (a) at any time; and (b) for an occupied office—only if the officer appointed to the office consents to the change. (4) The declaration must set out hours of attendance for the office that are less than full-time hours of attendance. Note An industrial instrument may include requirements for hours of attendance.

68 Appointment to vacant office (1) The head of service may appoint a person to a vacant office. (2) The head of service may only appoint a person to an office if— (a) the person is selected in accordance with the merit and equity principle; and (b) the head of service is satisfied on reasonable grounds, and states, in writing, that the person is suitable for appointment having regard to— (i) verification of the person’s identity; and (ii) whether the person has any prior criminal convictions; and (iii) the previous employment record of the person; and (iv) the need for suitable references in support of the person’s application for appointment; and

(v) verification of the person’s qualifications required for the appointment. Note If a person is to be appointed to a position that involves a regulated activity and contact with a vulnerable person within the meaning of the Working with Vulnerable People (Background Checking) Act 2011, the person may need to be registered under that Act.

69 Record about officers For each officer, the head of service must keep a record of— (a) the officer’s date of birth; and (b) the office to which the officer is appointed; and (c) the day on which the officer’s appointment started; and (d) any past employment as a public servant, including the days on which the employment started and ended; and (e) if the officer holds a visa that permits them to work in the service—the following information about the officer’s visa: (i) the period during which the officer is permitted to work in the service; (ii) the work the officer is permitted to do; (iii) any other information that is relevant to the officer being an eligible person for appointment.

70 Appointment on probation (1) The appointment of a person to the service as an officer is subject to a period of probation under this section, unless 1 of the following sections applies to the appointment: (a) section 71 (Appointment on probation—prescribed training office);

(b) section 71A (Appointment on probation—teachers); (c) section 71C (Appointment without probation). (2) Probation begins on the day the person is appointed and the appointment is taken to be confirmed 12 months after the day the person is appointed unless— (3) The appointment may be confirmed any day after the day the officer is appointed if the head of service is satisfied that— confirms that the standard of health and fitness of the person is (4) The appointment may be ended at any time before the appointment is confirmed, or taken to be confirmed, if the head of service is satisfied on reasonable grounds that 1 or more of the following criteria for being unsuitable for confirmation (the unsuitability criteria) applies to the officer: (a) the officer failed to have a medical examination to assess the officer’s standard of health and fitness; (b) the officer has had a medical examination to assess the officer’s standard of health and fitness and an authorised doctor states, in writing, that the officer’s standard of health and fitness is not at a standard required for the office;

(c) an appropriate officer, for example the officer’s supervisor states, in writing, that the officer has not exercised the officer’s functions at a standard required for the office; (d) the officer is not an eligible person to remain an officer; (e) the officer is an excess officer.

71 Appointment on probation—prescribed training office (1) The appointment of a person to the service as an officer in a prescribed training office is subject to a period of probation under this section. (2) Probation begins on the day the person is appointed and is taken to be confirmed 6 months after the day the officer completes the course of training required for the prescribed training office unless— (3) The appointment may be confirmed any day after the officer successfully completes the course of training required for the prescribed training office if the head of service is satisfied that—

(4) The appointment may be ended any time before the appointment is confirmed or taken to be confirmed if the head of service is satisfied on reasonable grounds that— (a) 1 or more of the unsuitability criteria applies to the officer; or (b) the officer has not successfully completed the course of training required for the prescribed training office.

71A Appointment on probation—teachers (1) The appointment of a person as a teacher is subject to a period of probation under this section. (2) Probation begins on the day the person is appointed and is taken to be confirmed 18 months after the day the person is appointed unless— (3) The appointment may be confirmed any day after the day the officer is appointed if the head of service is satisfied that—

(4) The appointment may be ended at any time before the appointment is confirmed, or taken to be confirmed, if the head of service is satisfied on reasonable grounds that 1 or more of the unsuitability criteria applies to the officer. teacher means a person who holds an office classified as a teacher under the management standards or a relevant industrial instrument.

71B Extension of period of probation (1) A period of probation for a person may be extended if— (a) the appointment has not been confirmed or taken to be confirmed; and (b) the head of service is satisfied on reasonable grounds that the extension is reasonably required to assess the person’s suitability for office. Examples—par (b) 1 Glen is appointed as an officer. Six weeks after starting work a family crisis occurs and Glen is absent on authorised unpaid leave for a 12-week period. Glen’s extended absence means that there has not been a long enough period at work to assess whether work performance is satisfactory so an additional period of probation is reasonable. 2 Josephine is appointed as a teacher and undergoes a medical assessment to assess her standard of health and fitness. The report from the authorised doctor is delayed because the doctor is taken ill and cannot complete the report before the probationary period would be taken to be confirmed under s 71A (2). An additional period of probation is reasonable to allow for a medical assessment report to be provided.

3 Mai is appointed to a prescribed training office. The training required for the office usually takes 2 years to complete. An additional period of probation is reasonable to allow time for Mai to complete the required training. (2) The maximum additional period for probation under this section is as follows: (a) for section 70 (Appointment on probation)—6 months; (b) for section 71 (Appointment on probation—prescribed training office)—12 months; (c) for section 71A (Appointment on probation—teachers)— 12 months. (3) An appointment on probation must not be extended unless the officer has been given at least 14 days written notice of— (a) the reason for the extension; and (b) the length of the extension; and (c) the day the probationary period will end. (4) An appointment that has been extended under this section may be confirmed any day after the extension if the head of service is satisfied that— (5) An appointment that has been extended under this section may be ended at any time before the appointment is confirmed, or taken to be confirmed, if the head of service is satisfied on reasonable grounds that 1 or more of the unsuitability criteria applies to the officer.

(6) An appointment that has been extended under this section is taken to be confirmed on the day notified as the day the probationary period will end under subsection (3) (c) unless— (b) the appointment is earlier ended under this section.

71C Appointment without probation (1) The head of service may appoint a person to an office without probation if satisfied that— (a) the appointment without probation is in the public interest; or (b) immediately before the day of the appointment, for a period of 12 months or more, the person exercised the functions of the office, or an office with similar functions. (2) The head of service must not appoint a person to an office without probation unless satisfied that— (a) the person has undergone a medical examination to assess the person’s standard of health and fitness and on the basis of the examination, the standard of health and fitness of the person is (b) it is unnecessary, in the circumstances, to require the person to

83 Promotion to vacant office (1) The head of service may promote an officer to a vacant office. (2) The head of service must tell an officer, in writing, about the promotion a reasonable time before it takes effect.

84 Promotion appeal (1) An officer may appeal against the promotion of another person to a vacant office under section 83 if— (a) the promotion is to an appellable classification; and (b) the officer applied for promotion to the vacant office. (2) The appeal must be made in accordance with— (a) if an industrial instrument applies to an officer and includes a procedure for promotion appeals—the promotion appeals procedure in the industrial instrument; or (b) in any other case—the prescribed promotion appeals procedure. (3) In deciding the appeal a decision-maker must apply the criteria set criteria for decision-making for promotion appeals—the promotion appeals decision-making criteria in the industrial instrument; or (b) in any other case—the prescribed promotion appeals decision-making criteria.

85 Promotion appeal by excess officer (1) This section applies if an officer has been told, in writing, by the head of service that the officer is an excess officer. (2) The officer may appeal against the promotion of another person to a vacant office if— (a) the promotion is to an appellable classification; and (b) the excess officer applied for transfer to the vacant office the classification of which is equal to or lower than the classification of the office occupied by the excess officer.

(3) An appeal under this section does not affect the operation of part 6 (Redeployment, underperformance and end of employment of officers). (4) The appeal must be made in accordance with— (a) if an industrial instrument applies to the officer and includes a procedure for promotion appeals—the promotion appeals procedures in the industrial instrument; or (b) in any other case—the prescribed promotion appeals procedure. (5) In deciding the appeal a decision-maker must apply the criteria set criteria for decision-making for promotion appeals—the decision-making criteria in the industrial instrument; or (b) in any other case—the prescribed decision-making criteria.

86 Review of certain promotion decisions (1) An officer may apply for review of a promotion of another officer to a vacant office if— (a) the promotion is to a classification other than an appellable classification; and (b) the officer applied for promotion to the office. (2) The review must be conducted in accordance with— (a) if an industrial instrument applies to an officer and includes a review of promotion procedure—the review procedure in the industrial instrument; or (b) in any other case—the prescribed review of promotion procedure.

(3) In deciding the review, a decision-maker must apply the criteria set criteria for review of promotion decisions—the criteria for review in the industrial instrument; or (b) in any other case—the prescribed criteria for review of promotion decisions. (4) If the head of service cancels the promotion as a result of the review— (a) the officer whose promotion is cancelled must for all purposes be treated as having held the office from the date the promotion took effect to the date of the cancellation; and (b) the head of service— (i) must transfer the officer to an office with a classification that is equal to the classification that the officer had immediately before the promotion took effect; and (ii) may if necessary create an office to allow the transfer mentioned in subparagraph (i).

87 Promotion on advice of joint selection committee (1) The head of service may promote an officer to fill a vacant office if— (a) a joint selection committee is established in relation to the promotion; and (b) the committee recommends the promotion. (2) If a joint selection committee makes a recommendation to the head of service about a promotion the head of service may— (a) accept the recommendation; or (b) not accept the recommendation.

(3) A decision to promote under this section is not an appellable decision or a reviewable decision if the promotion is in accordance with— (a) the recommendation of a joint selection committee agreed to by the principal union (a union agreed joint selection committee); or (b) the unanimous recommendation of a management initiated joint selection committee. (4) A decision to promote under this section is an appellable decision and a reviewable decision if— (a) an officer is promoted to an appellable classification; and (b) the officer seeking to appeal applied for promotion to the position; and (c) the promotion is not in accordance with— (i) the recommendation of a union agreed joint selection committee; or (ii) the unanimous recommendation of a management initiated joint selection committee.

88 How promotions take effect (1) A promotion takes effect as prescribed. (2) The salary payable for an office to which an officer is promoted under section 83 or section 87 is payable on and after the prescribed day. (3) If an appeal against a promotion results in a different officer being promoted to an office than had originally been promoted—the salary payable to the different officer is payable on and after the prescribed day for the original promotion.

89 Death of officer before appeal or review decided (1) This section applies if a promoted officer dies before 1 of the following processes are finalised: (a) an appeal under section 84 (Promotion appeal); (b) a review under section 86 (Review of certain promotion decisions). (2) The process ends on the day of the promoted officer’s death. (3) If the promoted officer’s promotion is confirmed, the promotion only takes effect if the promoted officer’s death occurred on or after the prescribed day in relation to the promotion. promoted officer means the officer against whose promotion the process is being undertaken.

90 Cancellation of promotion (1) Before the promotion of an officer to a vacant office in an administrative unit takes effect, the head of service may cancel the promotion on reasonable grounds. (2) If a promotion of an officer under section 83 or section 87 that has not taken effect stops being a promotion, because of a change in rates of salary, the promotion is taken to be cancelled. (3) If a promotion is cancelled, or is taken to be cancelled under this section, any appeal under section 84 or review under section 86 against the promotion lapses on the day of the cancellation.

92 Transfer to vacant office (1) The head of service may transfer an officer to a vacant office. (2) The head of service may only transfer an officer under this section if— (a) the vacant office is in the same administrative unit as the officer’s office before the transfer; and (b) either— (i) the officer applied for the vacant office; or (ii) the head of service— (A) consults the director-general of the administrative unit about the transfer; and (B) gives the officer an opportunity to state the officer’s views in relation to the transfer; and (C) considers the views of the officer. (3) The head of service must tell an officer, in writing, about the transfer a reasonable time before it takes effect. (4) A decision to transfer under this section is not an appellable decision

93 Simultaneous transfer within administrative unit (a) 2 or more officers in an administrative unit occupy offices with the same classification; and (b) the head of service approves the simultaneous transfer of the officers between the offices.

(2) The head of service may transfer the officers if the head of service consults with the director-general of the administrative unit. (3) A decision to transfer under this section is not an appellable decision or a reviewable decision.

94 Transfer between administrative units The head of service may transfer an officer in an administrative unit to a vacant office in another administrative unit, if the head of service consults— (a) the director-general of the administrative unit that would gain the officer; and (b) the director-general of the administrative unit that would release the officer.

96B Transfer on advice of joint selection committee (1) The head of service may transfer an officer to fill a vacant office in an administrative unit if— (a) a joint selection committee is established in relation to the transfer; and (b) the committee recommends the transfer. (2) The joint selection committee must make a recommendation to the head of service about the transfer. (3) The head of service must consult the director-general of the administrative unit about the recommendation. (4) The head of service may— (a) accept the recommendation; or (b) not accept the recommendation.

(5) If an officer is transferred in accordance with a recommendation under subsection (2) the head of service must notify the transfer in the gazette. (6) If an officer is transferred on the recommendation of a union agreed joint selection committee—the decision to transfer is not an appellable decision or a reviewable decision. (7) In this section: union agreed joint selection committee—see section 87.

96C How transfer takes effect A transfer takes effect as prescribed.

96D Cancellation of transfer (1) Before the transfer of an officer to a vacant office in an administrative unit takes effect, the head of service may cancel the transfer on reasonable grounds. (2) If a transfer is cancelled under this section, any appeal against the transfer lapses on the day of the cancellation.

100 Temporary transfer (1) The head of service may temporarily transfer an officer from an administrative unit to exercise the whole, or part, of the functions of another office in the unit if— (a) the head of service consults the director-general of the unit; and (b) the prescribed requirements are met. (2) A temporary transfer, other than a transfer requiring notification under section 101 (2), takes effect on— (a) the day written notice is given; or (b) if a later day is stated in the written notice of the transfer—on that later day.

(3) Written notice of a temporary transfer must be expressed to continue in force until— (a) the end of a stated day; or (b) occurrence of a stated event. (4) Written notice of the temporary transfer must not be expressed to operate— (a) indefinitely; or (b) until a notice terminating the transfer is given. (5) The head of service may, in writing— (a) revoke the temporary transfer at any time; or (b) vary the temporary transfer at any time. (6) The head of service may temporarily transfer an officer from an administrative unit to exercise the whole, or part, of the functions of an office in another unit if the prescribed requirements are met.

101 Notification of certain temporary transfers to higher office (1) This section applies to a temporary transfer to an appellable classification. (2) The head of service must provide notification in the gazette of a temporary transfer if— (a) the head of service temporarily transfers an officer to perform the duties of a higher office to which this section applies; and (b) the transfer is for a period of more than 6 months.

102 Appeal against temporary transfer to higher office (1) An officer may appeal against the temporary transfer of another officer to an appellable classification if— (a) the other officer is transferred to an office that is a higher office for the other officer; and (b) the transfer is to an office that is a higher office for the officer seeking to appeal; and (c) the officer seeking to appeal applied for temporary transfer to the higher office. (2) The appeal must be made in accordance with— (a) if an industrial instrument applies to the officer and includes a procedure for temporary transfer appeal—the temporary transfer appeal procedure in the industrial instrument; or (b) in any other case—the prescribed temporary transfer appeal procedure.

103 Lapsing or discontinuing of appeal (1) An appeal against a temporary transfer under section 102 lapses if— (a) the temporary transfer finishes under section 100 (3); or (b) the temporary transfer finishes because the person transferred stops being an officer; or (c) the temporary transfer is revoked under section 100 (5); or (d) the appellant stops being an officer; or (e) the office that is the subject of the appeal is no longer a higher office for the appellant.

(2) An appeal against a temporary transfer under section 102 must be discontinued if the appellant gives written notice that the appeal has been withdrawn to the person or body that considers the appeal under the temporary transfer appeal procedure mentioned in section 102 (2). (3) If an appeal lapses or is discontinued under this section the person or body that considers the appeal under the temporary transfer appeal procedure mentioned in section 102 (2) must give written notice of the lapse or discontinuance to the appellant.

104 Temporary transfer if appeal successful (1) This section applies if the person or body that considers an appeal under the temporary transfer appeal procedure mentioned in section 102 (2) decides that the appellant would be more efficient in performing the duties of the office than the person transferred to the office under section 100. (2) The person or body must provide written notice of the decision to— (a) the appellant; and (b) the person transferred under section 100; and (c) the head of service. (3) If the head of service receives a notice under subsection (2) the head of service must— (a) revoke the temporary transfer of the person transferred under section 100; and (b) temporarily transfer the appellant to the position. (4) A temporary transfer under this section— (a) takes effect when it is made; and (b) must be expressed to continue in force for the same period for which the revoked temporary transfer would have operated; and (c) is not subject to appeal.

Other movement within the service Division 5.7

105 Promotion or transfer after passing examination (1) This section applies if the head of service prescribes— (a) a class of office for this section; and (b) that a test or another assessable task (an examination) must be passed by an officer before the officer can be transferred or promoted to an office in a stated prescribed class. (2) If an office in the stated prescribed class is vacant and an examination has been undertaken, the head of service may— (a) if 1 officer passed the examination and is otherwise eligible for transfer or promotion to that office—transfer or promote the officer to the office; or (b) if 2 or more officers passed the examination and are otherwise eligible for transfer or promotion to the office—transfer or promote the officers in accordance with the order of merit in which they passed the examination. (3) A transfer or promotion under this section takes effect on the day stated in the instrument of transfer or promotion.

106 Training offices (1) The head of service may prescribe— (a) required training for a class of office (a training office); and (b) a class of office with a higher classification to which an officer occupying a training office may be promoted on satisfactory completion of the required training (a related qualified office).

(2) If the head of service is satisfied an officer has satisfactorily completed the required training for a training office— (a) if there is a vacant related qualified office—the head of service must promote the officer to the office; or (b) if there is no vacant related qualified office—the officer— (i) becomes an unattached officer until a related qualified office becomes vacant; and (ii) is taken to have the classification of the related qualified office. (3) If a related qualified office becomes vacant, the head of service— (a) must transfer to the office the unattached officer who has been waiting for a related qualified office to become vacant for the longest period; or (b) may, if no officers have completed the required training— (i) for a full-time qualified office—promote to the office the first full-time officer to complete the training; or (ii) for a part-time qualified office—promote to the office the first part-time officer to complete the training; or (iii) if subparagraphs (i) and (ii) do not apply—appoint, transfer or promote another person to the office. (4) If 2 or more officers satisfactorily completed the required training for a training office on the same day, the officers are taken to have completed the training in order of merit, with the officer achieving the highest mark taken to have completed first. (5) A promotion under this section takes effect on the day the promotion is made.

Other movement within the service Division 5.7

107 Promotion or transfer to training office (1) If an officer is promoted under section 83 to a training office, another officer or an unattached officer with a classification lower than the classification of the related qualified office may appeal the promotion. (2) If an officer is transferred under section 92 to a training office— (a) another officer or an unattached officer with a classification lower than the classification of the related qualified office may appeal the transfer; and (b) the office to which the officer was appointed immediately before the transfer remains vacant until— (i) if the transfer is appealed—every appeal has been decided or otherwise ended; or (ii) if the transfer is not appealed—the period during which an appeal can be made has ended. related qualified office—see section 106 (1) (b). training office—see section 106 (1) (a).

108 Movement within administrative unit (1) This section applies if the head of service is satisfied on reasonable grounds that the efficient administration of an administrative unit requires an officer (including an unattached officer) or employee to move within the administrative unit. (2) The head of service may— (a) for an officer—transfer the officer to a vacant office in the

(b) for an employee— (i) end the employee’s employment; and (ii) immediately after the employee’s employment ends, employ the employee again to exercise the required functions. (3) Before exercising a function under subsection (2), the head of service must— (a) consult the director-general of the unit; and (b) give the officer or employee an opportunity to state the officer’s or employee’s views in relation to the change; and (c) consider the views of the officer or employee. Note An industrial instrument may set out further consultation requirements. (4) A decision to transfer under this section is not an appellable decision

109 Movement between administrative units (1) This section applies if the head of service is satisfied on reasonable grounds that the efficient administration of the service requires the movement of an officer (including an unattached officer), or an employee, from 1 administrative unit to another. (2) The head of service may— (a) for an officer—transfer the officer to a vacant office in the other (b) for an employee— (i) end the employee’s employment; and (ii) immediately after the employee’s employment ends, employ the employee again to exercise the required functions.

Temporary employment Division 5.8 (3) Before exercising a function under subsection (2), the head of service must— (a) consult— (i) the officer or employee; and (ii) the director-general of the administrative unit that would gain the officer or employee; and (iii) the director-general of the administrative unit that would release the officer or end the employment of the employee; and (b) consider whether the change is in the interests of the efficient administration of the service; and (c) be satisfied that the efficient administration of the service requires the change. Note An industrial instrument may set out further consultation requirements. (4) A decision under subsection (2) must state— (a) the date of effect of the action; and (b) for an officer being transferred— (i) whether the transfer is temporary or permanent; and (ii) if the transfer is temporary—the period of the transfer. (5) A decision to transfer under this section is not an appellable decision

110 Fixed term temporary employment (1) The head of service may employ the person for a fixed term of— (a) less than 12 months; or

(b) if the head of service consults the principal union about the need for the temporary employment—less than 5 years. Note The Fair Work Act 2009 (Cwlth), s 333E sets out additional limitations on certain fixed term employment that apply except in the circumstances mentioned in that Act, s 333F. (2) The head of service may re-employ the person without a break between the periods of employment if the cumulative period of engagement is less than— (a) for an employee employed in accordance with subsection (1) (a)—12 months; or (b) for an employee employed in accordance with subsection (1) (b)—5 years. (3) A fixed term employee’s employment ends— (a) on the day after the earliest of— (i) the end of the term for which the employee is employed; or (ii) a reasonable notice period given to the employee, in writing, by the head of service; or (iii) a 2-week notice period given to the head of service, in writing, by the employee; or (iv) a notice period agreed, in writing, between the employee and the head of service; or (b) for an employee who begins a period of maternity leave before the end of the term for which the employee is employed—on the day after the latest of— (i) the end of the term for which the employee is employed; or (ii) the day the paid period of the employee’s maternity leave ends.

Temporary employment Division 5.8 maternity leave means maternity leave under an industrial

111 Casual temporary employment (1) The head of service may employ a person for temporary employment in an administrative unit to exercise the functions of an office on a casual basis. (2) Employment on a casual basis must not be on a fixed term. (3) A casual employee’s employment may be ended at any time by the

112 Work performed after end of temporary employment (a) the temporary employment of a person has ended in accordance with section 110 (3) or section 111 (3); and (b) that person continues to exercise functions or deliver services after the day the person’s employment ended. (2) Any function exercised or service delivered by the person after the day the person’s employment ended does not renew or extend the person’s employment. (3) However, the head of service may pay the person for a function exercised or service delivered in good faith after the day the person’s employment ended.

113 Record about employees For each employee, the head of service must keep a record of— (a) the employee’s date of birth; and (b) the office to which, or functions for which, the employee is employed; and

(c) the day on which the employee’s employment started; and (d) for an employee employed under section 110—the day on which the employee’s employment will end; and (e) any past employment as a public servant, including the days on which the employment started and ended.

114 Becoming unattached officer (1) The head of service may, with the written consent of an officer, state, in writing, that the officer will become an unattached officer on a particular day. Note 1 An officer may also become an unattached officer under s 65 (2) (b) (Reclassification of office) or s 106 (2) (b) (Training offices). Note 2 An officer may be declared to be an unattached officer under s 123 (Reduction in classification or retirement). (2) The office occupied by the officer becomes vacant on the day the officer becomes an unattached officer. (3) Unless otherwise agreed between the head of service and the unattached officer, the unattached officer— (a) is included in the administrative unit in which the unattached officer occupied an office immediately before becoming unattached; and (b) has the classification of the office that the unattached officer occupied immediately before becoming unattached; and (c) has the hours of attendance of the office that the unattached officer occupied immediately before becoming unattached.

Unattached officers Division 5.9

115 Becoming unattached officer on medical grounds (1) This section applies if an authorised doctor has recommended that an officer should, because of physical or mental incapacity, be redeployed under section 122 or retired from the service under section 123. (2) The head of service may state, in writing, that the officer will become an unattached officer on a particular day. (3) The office occupied by the officer becomes vacant on the day the officer becomes an unattached officer. (4) The officer must be given written notice of becoming unattached as soon as practicable.

116 Appointment as unattached officer A person may be appointed as an unattached officer under section 68 (1) (Appointment to vacant office) if the head of service states, in writing— (a) the administrative unit in which the person will be included; and (b) a classification for the person, having regard to— (i) the functions to be exercised by the person; and (ii) the person’s qualifications; and (c) the hours of attendance for the person.

117 Reappointment as unattached officer (1) This section applies to a former officer who is reappointed as an unattached officer. Note A former officer may be reappointed as an unattached officer under s 136 (Reappointment of officer if unsuccessful election candidate) and s 137 (Reappointment of officer after quashing etc of conviction).

(2) Unless otherwise stated by the head of service, the unattached officer— (a) is included in the administrative unit in which the unattached officer occupied an office immediately before becoming unattached; and (b) has the classification of the office that the unattached officer occupied immediately before becoming unattached; and (c) has the hours of attendance of the office that the unattached officer occupied immediately before becoming unattached.

118 Secondment to the service (1) The head of service may approve a request from an eligible person for the secondment of the eligible person to the service. (2) The eligible person must agree to the details of the secondment before the secondment begins. (3) The person on secondment must exercise a function assigned to the person while on secondment in accordance with this Act and any other law applying in the territory. (4) A person on secondment is taken to be a public servant for section 7 (Meaning of public sector values), section 8 (Meaning of public sector principles) and section 9 (Public sector conduct). (5) In this section: secondment, of a person to the service, means a written arrangement between the Territory and the employer of the person, under which the person works in the service as if the person was employed by the Territory.

Secondment Division 5.10

119 Secondment of public servant to another employer (1) The head of service may approve a request from a public servant for the secondment of the public servant to another employer. (2) The public servant must agree to the details of the secondment before the secondment begins. (3) Any function lawfully exercised by a public servant on secondment will not contravene this Act or another territory law if the function is exercised in the way the public servant is lawfully directed to exercise it. secondment, of a public servant to another employer, means a written arrangement between the Territory and the other employer, under which the public servant exercises a function for the other employer as if the public servant was employed by the other employer.

Part 6 Redeployment, underperformance and end of employment of officers

120 Definitions—pt 6 confirmed officer means an officer who is not on probation. incapacitated—an officer is incapacitated if the officer is unable to exercise functions appropriate to the officer’s classification because of physical or mental incapacity. ineligible—an officer is ineligible for an office if the officer ceases to be an eligible person for the office.

121 Retirement If an officer is at least 55 years old, the officer may retire from the service at any time.

122 Redeployment (1) This section applies to a confirmed officer if the director-general of the officer’s administrative unit is satisfied on reasonable grounds that the officer is— (a) incapacitated; or (b) ineligible for the officer’s office; or (c) an excess officer. (2) The director-general must— (a) take reasonable steps to find a vacant office that the officer is eligible for; and

(b) if the director-general finds a suitable vacant office— (i) in writing, offer the office to the officer; and (ii) if the officer consents to be transferred—transfer the officer to the office; and (iii) if the officer does not consent to be transferred—refer the proposed redeployment to the head of service; and (c) if the director-general does not find a suitable vacant office— refer the proposed redeployment to the head of service. (3) If the redeployment is referred to the head of service, the head of service must— (a) take reasonable steps to find a vacant office in the service that the officer is eligible for; and (b) if the head of service finds a suitable vacant office— (a) in writing, offer the office to the officer; and (b) if the officer consents to be transferred—transfer the officer to the office. (4) If the head of service cannot find a suitable vacant office to which the officer consents to be transferred the head of service must, in writing, refer the unsuccessful redeployment to the director-general.

123 Reduction in classification or retirement (1) This section applies to an officer whose unsuccessful redeployment is referred to the director-general under section 122 (4). (2) The director-general may, with written notice to the officer— (a) reduce the officer’s classification by— (i) transferring the officer to an office with a lower classification; or

(ii) declaring, in consultation with the head of service, the officer to be an unattached officer of a lower classification; or (b) retire the officer from the service. (3) A decision under subsection (2) is an appellable decision. (4) If the officer agrees to a reduction in classification or retirement, the date of effect of the action is— (a) for an incapacitated officer—a day agreed, in writing, between the officer and the director-general; or (b) for an ineligible or an excess officer—any day after the day the notice was given that is agreed, in writing, between the officer and the director-general. (5) If the officer does not agree to a reduction in classification or retirement, the date of effect of the action is— (a) if an industrial instrument applies to the officer and states a retention period for the circumstances—the day after the end of the retention period; or (b) if paragraph (a) does not apply—the latest of the following: (i) the day stated in the notice; (ii) the day 1 month after the day the notice was given to the officer; (iii) if the officer appeals, but then withdraws the appeal—the day the appeal is withdrawn; (iv) if the officer appeals and the appeal upholds the giving of the notice—the day the appeal is decided.

124 Limitation on retirement on ground of invalidity (1) This section applies despite section 122 or section 123. (2) An officer may not be retired from office on the ground of invalidity unless— (a) if the officer is an eligible employee for the purposes of the Superannuation Act 1976 (Cwlth)— (i) the officer has not reached the officer’s maximum retiring age within the meaning of that Act; and Superannuation Board of Trustees No 2 under that Act, section 54C for the officer; or (b) if the officer is a member of the superannuation scheme established under the Superannuation Act 1990 (Cwlth)— (i) the officer is under 60 years old; and Superannuation Board of Trustees No 1 under that Act, section 13 for the officer; or (c) if the officer is an ordinary employer-sponsored member of PSSAP within the meaning of the Superannuation Act 2005 (Cwlth)— (i) the officer is under 60 years old; and Superannuation Board of Trustees No 1 under that Act, section 43 for the officer. invalidity means— (a) for an eligible employee under the Superannuation Act 1976 (Cwlth)—invalidity under that Act; or

(b) for a member of the superannuation scheme established under the Superannuation Act 1990 (Cwlth)—invalidity under that Act; or (c) for an ordinary employer sponsored member of the PSSAP within the meaning of the Superannuation Act 2005 (Cwlth)— invalidity under that Act; or (d) for a member of a superannuation scheme declared by the head of service—invalidity under the scheme.

124A End of employment if visa no longer held (1) This section applies if an officer— (a) is not an Australian citizen or permanent resident of Australia; and (b) becomes ineligible for their office because they no longer hold a visa that permits them to work in the service. (2) The head of service must end the employment of the officer. (3) A decision to end employment under this section is not an appellable decision or a reviewable decision. (4) Section 122 and section 123 do not apply if this section applies.

125 Underperformance (1) The procedures that apply to underperformance by an officer are— procedures for underperformance—the underperformance procedures in the industrial instrument; or (b) in any other case—the prescribed underperformance procedures.

underperformance, by an officer, includes failure by the officer to exercise the functions of an office to the standard reasonably required.

126 End of employment for misconduct (1) This section applies if under the misconduct procedures that apply to a public servant, the public servant has engaged in misconduct. (2) The head of service may end the employment of the public servant. (3) A decision to end employment for misconduct is not an appellable decision or a reviewable decision. Note A public servant may be able to take action in relation to termination of employment under the Fair Work Act 2009 (Cwlth).

127 Forfeiture of office (1) This section applies if an officer is absent from work without permission for a continuous period of 4 weeks or more. (2) The head of service may give the officer a written notice telling the officer that the officer will be taken to have retired from the service 2 weeks from the day the notice was sent unless, within the 2-week period, the officer— (a) returns to work; or (b) explains the absence and asks the head of service for any further period of absence that may be necessary having regard to that explanation. Note For how documents may be served, see the Legislation Act, pt 19.5. (3) The officer is taken to have retired from the service on the day after the end of the 2-week period unless the officer— (a) returns to work; or (b) explains the absence.

(4) If the officer explains the absence and asks the head of service for a further period of absence, the head of service must— (a) as soon as practicable, consider the matter; and (b) tell the officer, in writing, that the officer— (i) is given leave for the period, including any conditions on the leave; or (ii) must return to work within a stated period (of at least 2 weeks) or the officer will be taken to have retired from the service at the end of the stated period. (5) If an officer is required to return to work within a period stated under subsection (4) (b) (ii) and the officer does not return to work in the period, the officer is taken to have retired from the service on the day after the end of the period.

Preliminary Division 7.1

Division 7.1 Preliminary

128 Definitions—pt 7 declaration, of the result of an election, means— (a) if the election result is challenged, the earlier of— (i) the determination of the challenge by a court of disputed returns (however described); or (ii) the lapsing of the challenge; or (b) in any other case—the date the election is declared. election candidate means a candidate for election as— (a) a member of the Legislative Assembly; or (b) a member of a House of the Parliament of the Commonwealth or a State; or (c) a member of the Legislative Assembly for the Northern Territory; or (d) a member of a legislative or advisory body. exonerated, in relation to a former public servant, means— (a) the former public servant is convicted of an offence; and (b) because of the conviction or a related misconduct procedure, disciplinary action taken for the public servant included ending the public servant’s employment; and

(c) after the disciplinary action is taken the former public servant— (i) has the conviction quashed, nullified or set aside; or (ii) is pardoned or released from prison as a result of an inquiry into the conviction. unsuccessful election candidate means a person who— (a) was a public servant; and (b) ended employment with the service to become an election candidate within 6 months before the day nominations to be an election candidate closed; and (c) was an election candidate; and (d) failed to be elected.

129 Limitation on re-engagement of SES member (1) This section applies to a former SES member if— (a) the SES member’s engagement was ended under section 38 (End of SES member’s engagement); or (b) the SES member resigned under section 39 (SES member may resign). (2) The former SES member must not be— (a) re-engaged in a vacant SES position until any exclusion period has ended; and (b) for a former SES member whose engagement was ended under section 38—engaged in a vacant SES position on a permanent basis— (i) less than 12 months after the last day of the SES member’s former engagement; or

Former SES member Division 7.2 (ii) if the SES member is paid an amount in addition to an amount under section 241 (Payment on leaving the service) (an additional amount)—less than 24 months after the last day of the SES member’s former engagement. (3) The exclusion period, in days, is worked out as follows: additional amount average daily salary over the last year of engagement

130 Re-engagement of SES member after abandonment of employment (1) This section applies to a former SES member whose engagement was ended under section 40 (End of engagement by resignation— abandonment of engagement by SES member). (2) Within a reasonable time, the former SES member may ask to be re-engaged. (3) The former SES member must be engaged in a suitable SES position if the engager for the SES position considers the request is reasonable.

131 Re-engagement of SES member if unsuccessful election (1) This section applies to a former SES member if the former SES member is an unsuccessful election candidate. former SES member may ask, in writing, to be re-engaged. (3) The former SES member must be engaged in an SES position if the engager for the SES position considers the request is reasonable.

(4) The engagement must be— (a) to— (i) the SES position in which the person had been engaged immediately before the SES member’s contract was terminated; or (ii) an SES position as similar as possible to that SES position; and (b) for the period ending on the same day as the terminated contract was due to end.

132 Re-engagement of SES member after quashing etc of conviction (1) This section applies to a former SES member if the former SES member— (b) asks within a reasonable time, in writing, for the disciplinary action taken against the former SES member to be overturned. (2) The former SES member may be engaged in an SES position if the engager for the SES position considers the request is reasonable. (3) The engager for the SES position may also take other action reasonably necessary to overturn the disciplinary action. (4) The engagement must be— (a) to— (i) the SES position in which the person had been engaged immediately before the SES member’s contract was terminated; or (ii) an SES position as similar as possible to that SES position; and

Former officers Division 7.3 (b) for the period ending on the same day as the terminated contract was due to end. (5) A former SES member who is re-engaged, under this section must be paid, for the intervening period, the salary the SES member was paid immediately before the former engagement ended.

133 Reappointment of former excess officer The head of service may reappoint a former excess officer if the former officer— (a) was retired from the service under section 123 (Reduction in classification or retirement)— (i) involuntarily within the previous year; or (ii) voluntarily within the previous 2 years; and (b) received a payment from the Territory or a territory instrumentality for being retired.

134 No engagement or employment of certain former excess officers in certain circumstances (1) This section applies to a former excess officer if the former officer— (a) was retired from the service under section 123 (Reduction in classification or retirement)— (i) involuntarily within the previous year; or (ii) voluntarily within the previous 2 years; or (b) received a payment from the Territory or a territory instrumentality for being retired.

(2) The head of service must not— (a) engage the former excess officer as an executive or director-general; or (b) employ the former excess officer as an employee.

135 Reappointment of officer after forfeiture of office (1) A former officer who is taken to have retired under section 127 (Forfeiture of office) may apply to the head of service, in writing, for reappointment to the service. (2) If the head of service is satisfied that the former officer had, in all the circumstances, reasonable grounds for being absent, the head of service must reappoint the former officer to— (a) the office occupied by the former officer immediately before the former officer is taken to have retired; or (b) if that office is not available—an equivalent office, or an office as similar as possible, to that office; or (c) with the written consent of the former officer—another office. (3) If the head of service is not satisfied that the former officer had, in all the circumstances, reasonable grounds for being absent, the head of service must refuse the former officer. (4) If the head of service refuses a former officer, the head of service must give the former officer written notice of the refusal and the reasons for the refusal. (5) A former officer who is reappointed under this section is taken to have— (a) continuity of service as prescribed; and (b) recognition of prior service as prescribed.

Former officers Division 7.3

136 Reappointment of officer if unsuccessful election (1) This section applies to a former officer if the former officer is an unsuccessful election candidate. former officer may ask the head of service, in writing, to be reappointed. (3) After receiving a request under subsection (2), the head of service must reappoint the person— (a) to the office occupied by the person immediately before the person’s appointment was ended (the last office); or (b) if the last office is not vacant—to an equivalent office in the same administrative unit as the last office; or (c) if an equivalent office is not available—as an unattached officer with the same classification as the last office.

137 Reappointment of officer after quashing etc of conviction (1) This section applies to a former officer if the former officer— (b) asks the head of service within a reasonable time, in writing, for the disciplinary action taken against the former officer to be overturned. (2) The head of service must consider the former officer’s request and— (a) do 1 or both of the following: (i) reappoint the former officer; (ii) take other action reasonably necessary to overturn the disciplinary action; or (b) refuse the request.

(3) For subsection (2) (a) (i) the head of service must reappoint the person— (a) to the office occupied by the person immediately before the person’s employment was ended (the last office); or (b) if the last office is not vacant—to an equivalent office in the same administrative unit as the last office; or (c) if an equivalent office is not available—as an unattached officer with the same classification as the last office. (4) A former officer who is reappointed under this section must be paid, for the intervening period, the salary the officer was paid immediately before the head of service ended the officer’s appointment.

138 No reappointment of former officer in certain circumstances (1) The head of service must not reappoint a former officer if, at any time, the former officer’s— (a) employment in the service ended for underperformance in accordance with section 125 (Underperformance) or misconduct under section 126 (End of employment for misconduct); or (b) prescribed employment ended on grounds similar to the grounds for misconduct or underperformance under this Act. (2) For subsection (1), if the former officer was dismissed because a court found the former officer committed a criminal offence, the former officer may be reappointed if— (a) the finding of the court is nullified or set aside; or

Former employee Division 7.4 (b) if a person was convicted on the basis of the finding—the conviction is quashed, nullified or the person is pardoned or released from prison. (3) The head of service must not reappoint a former officer for the 12-month period starting on the day the former officer’s employment ended under— (a) section 70 (4) (Appointment on probation); or (b) section 71 (4) (Appointment on probation—prescribed training office); or (c) section 71A (4) (Appointment on probation—teachers); or (d) section 71B (5) (Extension of period of probation). criminal offence means an offence against a law of— (a) the Territory; or (b) the Commonwealth; or (c) a State that, if committed in the ACT would constitute an offence against a law of the Territory; or (d) a foreign country that, if committed in the ACT would constitute an offence against a law of the Territory or the Commonwealth.

139 Re-employment of employee if unsuccessful election (1) This section applies to a former employee if the former employee is an unsuccessful election candidate. former employee may ask the head of service, in writing, to be re-employed.

(3) After receiving a request under subsection (2), the head of service must employ the person in the same or a similar capacity with the same rate of pay as that payable to the person immediately before the person’s employment ended.

140 Re-employment of employee after quashing etc of conviction (1) This section applies to a former fixed-term employee if the former employee— (b) asks the head of service within a reasonable time, in writing, for the disciplinary action taken against the former employee to be overturned. (2) The head of service must consider the former employee’s request and— (a) do 1 or both of the following: (i) re-employ the former employee; (ii) take other action reasonably necessary to overturn the disciplinary action; or (b) refuse the request. (3) For subsection (2) (a) (i), the head of service must employ the person in the same or a similar capacity with the same rate of pay as that payable to the person immediately before the person’s employment ended. (4) A former employee who is re-employed under this section must be paid, for the intervening period, the salary the employee was paid immediately before the head of service ended the employee’s employment.

Former employee Division 7.4

141 Re-employment after maternity leave (1) This section applies to a former fixed-term employee if the former employee applies for fixed-term employment within 24 months of beginning a period of maternity leave if the former employee’s employment ended during a period of unpaid maternity leave. (2) The head of service must consider the former employee’s application before any other applicant, and if the former employee is an eligible person for the employment the former employee must be employed. (3) If 2 or more former employees to whom this section applies apply for the same employment, the head of service must undertake a comparative assessment of the former employees and employ the most suitable. maternity leave means maternity leave under an industrial

Division 8.1 Public Sector Standards Commissioner

142 Appointment of commissioner (1) The Chief Minister may appoint a person as the Public Sector Standards Commissioner (the commissioner). Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207). (2) If a public servant is appointed as the commissioner, the public servant must end employment in the service before the appointment commences. (3) An appointment must be for a period of not longer than 5 years. Note A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint). (4) The Legislation Act, division 19.3.3 (Appointments—Assembly consultation) does not apply to the appointment of a person as commissioner. (5) An appointment is a notifiable instrument.

143 Arrangements for commissioner from another jurisdiction to exercise functions If an appointment is not made under section 142, the Chief Minister must make arrangements for the commissioner (however described) responsible for exercising functions under a Commonwealth or State law that substantially correspond to this Act to exercise 1 or more of the functions of the commissioner.

Public Sector Standards Commissioner Division 8.1

143A Independence of commissioner Subject to this Act and to other territory laws, the commissioner has complete discretion in the exercise of the commissioner’s functions.

144 Functions of commissioner (1) The commissioner has the following functions: (a) to conduct investigations— (i) about a matter declared by the Chief Minister in the way prescribed; and (ii) under an industrial instrument in accordance with subsection (2); (b) to provide advice to the Chief Minister about matters arising from an investigation conducted by the commissioner; (c) in connection with an investigation conducted by the commissioner—to promote and provide advice about the public sector values, the public sector principles and the conduct required under this Act; (d) to exercise any function given to the commissioner under this Act or another law applying in the Territory.

(2) A function given to the head of service under an industrial instrument in relation to an investigation, appeal or review (an investigation function) may be exercised by the commissioner. (3) The commissioner may delegate an investigation function to a public servant or another person. Note For the making of delegations and the exercise of delegated functions, (4) Nothing in this section limits the exercise of an investigation function by the head of service. (5) A declaration of a matter by the Chief Minister is a notifiable

145 Leave of absence for commissioner The Chief Minister may approve, in writing, leave of absence for the commissioner on the terms the Chief Minister decides.

146 Suspension and removal of commissioner (1) The Chief Minister may suspend the commissioner— (a) for alleged misconduct; or (b) for physical or mental incapacity, if the incapacity affects the commissioner’s ability to exercise a function; or

Public Sector Standards Commissioner Division 8.1 (c) if the commissioner is convicted, or found guilty, in the ACT of an offence punishable by imprisonment for at least 1 year; or (d) if the commissioner is convicted, or found guilty, outside the ACT of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for at least 1 year. Note Found guilty—see the Legislation Act, dictionary, pt 1. (2) The Chief Minister must present the Legislative Assembly with a statement of the reasons for the suspension not later than the first sitting day after the day the commissioner is suspended. (3) If, not later than 6 sitting days after the day the statement is presented, the Legislative Assembly resolves to require the Chief Minister to end the commissioner’s appointment, the Chief Minister must end the commissioner’s appointment. (4) The commissioner’s suspension ends— (a) if the Chief Minister does not comply with subsection (2)— at the end of the day the Chief Minister should have presented to the Legislative Assembly the statement mentioned in that subsection; or (b) if the Assembly does not pass a resolution mentioned in subsection (3) before the end of the 6 sitting days—at the end of the 6th sitting day. Note An appointment also ends if the appointee resigns (see Legislation Act, s 210). (5) The commissioner is entitled to be paid salary and allowances while suspended.

147 Ending commissioner’s appointment without suspension (1) The Chief Minister must end the commissioner’s appointment if the commissioner— (a) becomes bankrupt or personally insolvent; or

(b) is absent, other than on approved leave, for 14 consecutive days or for 28 days in any 12-month period. (2) The Chief Minister may, with the consent of the commissioner, end the commissioner’s appointment on the ground of physical or mental incapacity.

148 Arrangements for staff and facilities The commissioner may make arrangements with the head of service to use the services of public servants or Territory facilities. Note The head of service may delegate powers in relation to the management of employees to the commissioner (see s 18).

149 Delegation by commissioner (1) The commissioner may— to the commissioner under this Act or any other law applying in the ACT; or delegated to the commissioner under a law other than this Act. Note 1 For the making of delegations and the exercise of a delegated function, Note 2 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104). (2) However, the commissioner must not delegate or subdelegate a satisfied that the function needs to be undertaken by a person who is

149A Independence of public employees exercising commissioner functions A public employee exercising a function of the commissioner is not subject to direction from anyone other than the following people in relation to the exercise of the function: (a) the commissioner; (b) another public employee authorised by the commissioner to give directions.

150 Meaning of public sector member etc (1) In this Act: public sector member— (a) means the following: (i) a statutory office-holder; Note 1 Statutory office-holder—see the Legislation Act, dictionary, pt 1. Note 2 A statutory office-holder may also be a public servant. (ii) a person employed by a statutory office-holder; (iii) if a statutory office-holder enters into an arrangement with the head of service under a territory law for the use of the services of a public servant—the public servant; but (b) does not include the following: (i) the Chief Justice or a judge; (ii) the Chief Magistrate, a magistrate or any office that must be occupied by a magistrate;

(iii) a person mentioned in paragraph (a) to the extent that the person exercises a judicial function; (iv) an ACAT tribunal member to the extent that the member exercises a function in relation to a hearing of a proceeding before the ACAT; (v) a prescribed person. Note 1 Chief Justice, judge, Chief Magistrate, magistrate and ACAT— see the Legislation Act, dictionary, pt 1. Note 2 A management standard may prescribe that a person is a public sector member (see s 156). (2) In this division: employ, includes appoint or engage.

151 Public sector standards for public sector member etc (1) Division 2.1 (Public sector standards) applies to the following to the extent that the application of division 2.1 is consistent with the exercise of the member’s functions: (a) a public sector member; (b) a person employed by a territory instrumentality. Example A public sector member has a function under an Act that requires the member to report to the Legislative Assembly on the Territory’s compliance with certain territory laws and to advocate for compliance with the laws. The member tables a report in the Assembly that identifies non-compliance by the Territory. The member does not fail to comply with s 9 (2) (a) which is about damage to the reputation of the public sector or the Executive by tabling the report or publicly commenting on the report. (2) For section 9 (4), a discloser must tell— (a) for a public sector member employed under this Act— (i) the public sector employer who employed the discloser; or

(ii) if the alleged maladministration or misconduct is by the public sector employer—the head of service; and (b) for a public sector member not employed under this Act—the

152 Certain office-holders have management powers (1) This section applies if a territory law states that— (a) a statutory office-holder or chief executive officer (a public sector employer) may employ staff; and (b) the staff must be employed under this Act. (2) A management provision under this Act applies to the public sector employer as if— (a) a reference to the head of service or a director-general is taken to be a reference to the public sector employer, to the extent that the application of the management provision is consistent with the exercise of the public sector employer’s functions; and (b) a reference to an officer is taken to be a reference to a public sector employer’s staff member who is employed on a permanent basis; and (c) a reference to an employee is taken to be a reference to a public sector employer’s staff member who is employed on a temporary basis; and (d) a reference to an office is a reference to the staff member’s terms of employment; and (e) for division 3.2 (Management of the service)—a reference to a function the head of service must exercise is a reference to a function that a public sector employer may exercise; and (f) any other necessary change is made.

(3) The public sector employer— (a) must give the head of service any information about a staff member that is requested by the head of service because the information is relevant to the exercise of the head of service’s functions; and (b) may exercise a function under an industrial instrument in relation to a staff member, as if the public sector employer were the head of service; and (c) unless otherwise stated in a territory law—may delegate a function given to the public sector employer under this section to the following: (i) a staff member; (ii) an officer or employee; (iii) an SES member. (4) The public sector employer may— to the public sector employer under this Act or another territory law; or delegated to the public sector employer under this Act or another territory law. (5) However, the public sector employer must not delegate or subdelegate a function to a person who is not a public employee without first being satisfied that the function needs to be exercised by a person who is not a public employee.

management provision means the following: (a) part 4 (Engagement of senior executive service) to the extent that it applies to the engagement of an executive; (b) part 5 (Employment of officers and employees); (c) part 6 (Redeployment, underperformance and end of employment of officers); (d) part 7 (Re-entry to the service); (e) part 9 (Review and appeal); (f) part 10 (Miscellaneous) other than section 251 (Management standards); (g) a management standard made by the head of service in relation to a provision in part 4 (to the extent that it applies to the engagement of an executive), part 5, part 6, part 7, part 9 or part 10; (h) a management standard prescribed to be a management provision.

153 Application of whole-of-government strategies A whole-of-government strategy applies to a public sector employer and the staff of the public sector employer employed under this Act, if the strategy— (a) relates to the employment or management of staff; or (b) is prescribed for this section.

154 Alleged misconduct by statutory office-holder etc (1) This section applies to an allegation of misconduct by a statutory office-holder or chief executive officer of a territory instrumentality.

(2) The commissioner must investigate the allegation if requested to do so by the person with responsibility for appointing the statutory office-holder or chief executive officer (the appointer). Note If an industrial instrument covers a statutory office-holder’s staff, the industrial instrument may include procedures for misconduct. (3) The commissioner, unless otherwise stated, in writing, by the appointer— (a) must investigate the alleged misconduct in the same way alleged misconduct would be investigated by the commissioner under this Act; and (b) has the same powers to investigate the alleged misconduct as the commissioner has to investigate alleged misconduct by a public servant.

155 Alleged mismanagement of public sector employer’s staff etc (1) If the commissioner receives a complaint about a management matter, the commissioner— (a) must investigate the management matter in the same way a management matter in the service would be investigated by the commissioner under this Act; and (b) has the powers given to the commissioner under this Act to investigate a management matter in relation to a staff member as if the member were a public servant.

management matter means anything done by— (a) a public sector employer in relation to the management of the public sector employer’s staff; or (b) the chief executive officer of a territory instrumentality in relation to the management of the staff of a territory instrumentality.

156 Prescribed public sector member (1) The head of service may make a management standard to prescribe— (a) that a person is a public sector member (a prescribed public sector member); and (b) that some or all of the management provisions apply to a stated person employing a prescribed public sector member; and (c) procedures in relation to alleged misconduct by a prescribed public sector member; and (d) procedures in relation to alleged mismanagement of a prescribed public sector member. management provision—see section 152 (6).

223 Definitions—pt 9 appellable decision means a decision mentioned in schedule 2, column 3 under a provision of this Act mentioned in column 2 in reviewable decision means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in

224 Reviewable decision—notice and review (1) A person who makes a reviewable decision must give written notice of the decision to an officer mentioned in schedule 1, column 4 in (2) An officer mentioned in schedule 1, column 4 in relation to a decision may apply for review of the decision.

225 Appellable decision—notice and appeal (1) A person who makes an appellable decision must give written notice of the decision to an officer mentioned in schedule 2, column 4 in (2) An officer mentioned in schedule 2, column 4 in relation to a decision may appeal the decision.

241 Payment on leaving the service (1) This section applies to a public servant if the public servant’s engagement, appointment or employment in the service ends. (2) The head of service must pay, or withhold from, the public servant any prescribed amount.

242 Authorisation to share protected information (1) This section applies despite any other territory law. (2) An information holder is authorised to disclose protected information to the following people, if the protected information is required by the person for the exercise of a function under this Act or an industrial instrument: (a) another information holder; (b) a person authorised by an information holder to receive the information. disclose includes communicate or publish. information means information, whether true or not, in any form and includes an opinion and advice. information holder means— (a) a person who is or has been— (i) the head of service; or (ii) a director-general; or (iii) the commissioner; or

(iv) a public sector employer; or (v) an employer prescribed under section 156 (1) (b); and (b) a person who exercises or has exercised a function on behalf of the Territory under public sector employment legislation. protected information means information about a person that is disclosed to, or obtained by, an information holder because of the exercise of a function under the public sector employment legislation by the information holder or someone else. Examples 1 a record kept by the head of service for managing an employment matter 2 information about whether the person is eligible for an SES position 3 information about a public servant disclosed in relation to a strategy designed to ensure the Territory is an equitable employer public sector employment legislation means— (a) this Act; and (b) the Fair Work Act 2009 (Cwlth); and (c) an industrial instrument; and (d) any other law prescribed by regulation.

242A Authorisation to share certain personal information with relevant union (1) This section applies to a person who is engaged as an SES member, or appointed or employed as an officer or employee, after the commencement date if the person— (a) is given a reasonable opportunity to ask that the person’s contact information not be given to a union; and

(b) does not ask that the person’s contact information not be given to a union. (2) An information holder is authorised to give contact information about the person to the relevant union for the person. commencement date means the day the Public Sector Management Amendment Act 2019, section 3 commences. contact information, for a person, means— (a) the person’s full name; and (b) the person’s position in the service; and (c) where in the service the person is engaged, appointed or employed to work; and (d) the person’s ACT Government email address; and (e) the person’s ACT Government phone number. information holder means— (a) the head of service; or (b) a public sector employer. relevant union, for a person, means an employee organisation registered under the Fair Work (Registered Organisations) Act 2009 (Cwlth)— (a) that is— (i) entitled to represent the person’s industrial interests; and (ii) covered by an industrial agreement that applies to the person; or (b) for an SES member—that is entitled to represent the SES member’s industrial interests.

243 Protection of people in relation to work reports on officers or employees (1) An action or proceeding does not lie against a person for or in relation to any oral or written report made in good faith by that person on or in relation to— (a) work performed, or proposed to be performed, by an officer or employee; or (b) conduct of an officer or employee. (2) A report is taken to have been made in good faith if the person by whom the report was made was not actuated by ill will to the officer or employee affected or by any other improper motive. (3) Subsection (1) does not apply in relation to a report unless— (a) the person who made the report believed on reasonable grounds that it was the function or duty of the person to whom the report was made to receive the report; and (b) for a report containing matter that was false or misleading in a material respect—the person who made the report did not know, and could not with reasonable diligence have ascertained, that the report contained matter that was so false or misleading.

244 Work outside the service (1) A public servant must have the approval of the head of service for any of the following activities, other than in the exercise of the public servant’s functions: (a) employment; (b) business activities; (c) membership of a board or committee.

(2) However, a public servant does not need approval to be a member or shareholder of, or hold an unpaid position in, an incorporated company, a political party or a body registered under a law of the Territory, a State or the Commonwealth. Note State includes the Northern Territory (see Legislation Act, dict, pt 1).

245 Additional payment (1) The head of service may, in writing, approve payment, however expressed, in addition to a public servant’s salary and allowances (an additional payment) for the public servant in relation to the exercise of the public servant’s functions. (2) The approval may include a condition in relation to the use of the additional payment by the public servant. (3) Any additional payment must be made from money appropriated by the Legislative Assembly.

246 Repaying overpayment (1) A public servant must repay any amount paid by the Territory to the public servant to which the public servant is not legally entitled. (2) Subsection (1) applies regardless of when the overpayment was made. (3) The arrangements for repayment may be agreed between the head of service and the public servant. (4) If the head of service and the public servant cannot agree on an arrangement for repayment within, in the opinion of the head of service, a reasonable period, the head of service may determine reasonable arrangements for repayment having regard to— (a) the period in which the overpayment occurred; and (b) the circumstances of the overpayment; and

(c) the gross and net amount of the overpayment; and (d) the public servant’s financial circumstances; and (e) any hardship the arrangement may cause to the public servant; and (f) any other relevant circumstance. (5) An arrangement for repayment under subsection (3) or (4) may provide for— (a) the deduction of amounts from the public servant’s salary; and (b) repayment by instalments.

247 Impersonation etc at examinations A person must not— (a) impersonate another person at an examination, including a test, held under this Act; or (b) permit another person to impersonate the person at an examination, including a test, held under this Act; or (c) before the time when an examination is to be held under this Act, improperly obtain or give a person— (i) an examination paper that has been set for an examination held under this Act; or (ii) papers relating to an examination paper that has been set for an examination held under this Act. Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

249 Imprisonment (1) This section applies if an officer in the service is— (a) in custody awaiting trial for an offence; or (b) in prison following conviction for an offence. (2) The officer is taken to be on leave of absence without pay for the period of custody or imprisonment unless— (a) the employment of the officer is terminated for misconduct; or (b) the head of service is satisfied that the officer is experiencing hardship and is to be paid the whole or part of the officers’ salary for a stated time. (3) If the officers’ employment is not terminated for misconduct— (a) a period of service before the custody or imprisonment must be regarded as continuous with a period of service after the custody or imprisonment; and (b) the period of custody or imprisonment is not to be regarded as service under this Act or any other Act, unless the head of service decides otherwise. (4) If, immediately before a period of custody or imprisonment, an officer was suspended—the suspension is taken to be removed from the start of the period of custody or imprisonment. (5) An officer must not be suspended during a period of custody or imprisonment. suspended means suspended under an industrial instrument.

250 Attachment of salary of officers and employees (1) The rule of the common law that debts owing by the Crown for the salaries of its officers and employees are not capable of being attached, is, in relation to the Crown in right of the Territory, abolished. (2) If an order is made by law attaching a debt owing by the Crown in right of the Territory, or by a territory instrumentality, in relation to the salary of an officer or employee, the order must be complied with out of money lawfully available.

250A Deduction of monetary penalty (a) a monetary penalty has been imposed on a public servant under a misconduct procedure; or (b) an order for the payment of an amount of money by a public servant has been made under a misconduct procedure; or (c) a direction for the deduction of an amount of money by a public servant has been made under a misconduct procedure. (2) The public servant may pay the amount or have the amount deducted from the public servant’s salary. (3) A deduction under this section— (a) may be made in instalments; and (b) must be made in instalments if the deduction is more than 1/4 of the salary payable to the public servant for a pay period.

251 Management standards (1) The head of service may, with the Chief Minister’s written approval, make a management standard for this Act about the following: (a) the public sector values;

(b) the public sector principles; (c) the conduct required under this Act; (d) a management strategy; (e) a whole-of-government strategy; (f) management and administration in the public sector; (g) the organisation of the service; (h) management strategies; (i) eligibility requirements for the service; (j) the senior executive service; (k) offices; (l) officers; (m) employees; (n) public sector members; (o) the terms of employment for public servants and public sector member; (p) work health and safety in the public sector; (q) secondment to or from the public sector; (r) a matter requested, in writing, by the Chief Minister. Note Power to make a statutory instrument (including to make or approve a management standard) includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48). (2) For subsection (1) (c), a management standard is subject to any direction in force under the Director of Public Prosecutions Act 1990, section 12.

(3) The Chief Minister’s approval to make a management standard may be given subject to a condition. (4) A management standard is a disallowable instrument. (5) The Legislation Act, section 47 (3) and (6) does not apply to a Commonwealth law or an ACT enterprise agreement applied, adopted or incorporated in a management standard. Note A Commonwealth law or an ACT enterprise agreement does not need to be notified under the Legislation Act because s 47 (6) does not apply (see Legislation Act, s 47 (7)). Commonwealth laws are accessible at www.legislation.gov.au and ACT enterprise agreements are accessible at www.jobs.act.gov.au. ACT enterprise agreement means an enterprise agreement, approved by the Fair Work Commission under the Fair Work Act 2009 (Cwlth), to which the Territory is a party. Commonwealth law means a Commonwealth Act or a disallowable legislative instrument under a Commonwealth Act. disallowable legislative instrument, for a Commonwealth Act— see the Legislation Act, section 47 (10).

252 Regulation-making power The Executive may make regulations for this Act.

Reviewable decisions Schedule 1

Schedule 1 Reviewable decisions (see s 224) column 1 item column 2 section column 3 decision column 4 officer 1 86 promotion to vacant office officer who applied for 2 87 (5) promotion not in accordance with certain recommendations of joint selection committee

Schedule 2 Appellable decisions Schedule 2 Appellable decisions (see s 225) column 1 item column 2 section column 3 decision column 4 officer 1 84 promotion of officer to vacant office 2 85 promotion of officer to vacant office excess officer who applied for transfer 3 87 (5) promotion not in accordance with certain recommendations of joint selection committee 4 102 temporary transfer to higher office duties temporary transfer to higher office duties 5 107 promotion or transfer of officer to training office • officer who applied for • unattached officer who applied for promotion 6 123 (2) notice to reduce classification or retire from the service officer given notice

(see s 2) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • ACT • Australian citizen • Chief Minister • Commonwealth • exercise • fail • function • gazette • Legislative Assembly • Northern Territory • occupy • position • power • public employee • public servant • state • statutory office-holder • the Territory. administrative arrangements means a determination made under section 14 (1). administrative unit means a unit of the service established under section 13 (1).

appeal means— (a) if an industrial instrument applies to the employee or officer and includes an appeal process—appeal in accordance with the appeal process in the industrial instrument; or (b) in any other case—appeal in accordance with the prescribed appeal process. appellable classification, for part 5 (Employment of officers and employees)—see section 63. appellable decision, for part 9 (Review and appeal)—see section 223. authorised doctor means a doctor authorised by the head of service to— (a) perform medical examinations under this Act; and (b) make recommendations under this Act in relation to redeployment or retirement; and (c) make recommendations under this Act in relation to the health and physical fitness of officers whose appointment to the service on probation has not been confirmed. best practice principle—see section 8 (4). chief executive officer, of a territory instrumentality, means the person who has responsibility for managing the affairs of the instrumentality. classification— (a) for an SES position, means a prescribed classification; and (b) for an office, means— (i) if a classification in an industrial instrument applies to the office—the classification; or (ii) in any other case—a prescribed classification.

commissioner means the Public Sector Standards Commissioner appointed under section 142 (1). confirmed officer, for part 6 (Redeployment, underperformance and end of employment of officers)—see section 120. declaration, of the result of an election, for part 7 (Re-entry to the service)—see section 128. director-general means a person engaged as a director-general under section 31 (2). election candidate, for part 7 (Re-entry to the service)—see section 128. eligible person, for appointment, secondment, engagement or employment as a public servant, means a person who— (a) satisfies any of the following: (i) is an Australian citizen; (ii) is a permanent resident of Australia; (iii) holds a visa that permits the person to work in the service; and (b) is capable of— (i) upholding the public sector values; and (ii) exercising each function that the person is, or will be, employed to exercise, in accordance with the best practice principle; and (iii) acting consistently with section 9 (Public sector conduct); and (c) holds all qualifications required to lawfully exercise every function that the person is, or will be, appointed, engaged or employed to exercise. employ, for division 8.2 (Public sector members)—see section 150 (2).

employee means— (a) a person engaged under division 5.8 (Temporary employment); or (b) a person who is an employee because of the Public Sector Management (Consequential and Transitional Provisions) Act 1994. engager means— (a) for the engagement of the head of service—the Chief Minister; and (b) for the engagement of a director-general or an executive—the equitable employer means an employer that— (a) employs, and provides fair and equitable opportunities for training and career development to, individuals— (i) from diverse cultural, language and religious backgrounds; and (ii) of different gender; and (iii) of different sexual orientation; and (iv) with disability; and (v) of different working age; and (b) complies with and models commitment to anti-discrimination legislation. Example—par (b) including a reasonable adjustment guide in procedures for staff management excess officer includes— (a) an officer employed in an administrative unit in which there is a greater number of officers than is necessary for the efficient and economical working of the unit; or

(b) an officer whose services cannot be effectively used because of— (i) technological or other changes in the work methods of the (ii) changes in the nature, extent or organisation of the functions of the administrative unit; or (c) if the functions usually exercised by an officer are required by the head of service to be exercised in a new location—an officer who is not willing to exercise the functions at the new location. executive means a person engaged as an executive under section 31 (2). exonerated, in relation to a former public servant, for part 7 (Re-entry to the service)—see section 128. head of service means the person engaged as the head of service under section 31 (1). incapacitated, for part 6 (Redeployment, underperformance and end of employment of officers)—see section 120. industrial instrument means an instrument— (a) made under, or recognised by, a workplace law as defined by the Fair Work Act 2009 (Cwlth); and (b) concerning the relationship between employers and employees; and (c) that covers 1 or more officer or employee. ineligible, for part 6 (Redeployment, underperformance and end of employment of officers)—see section 120. job, of a public servant, for division 2.1 (Public sector standards)— see section 6. joint council means the forum established under section 28.

joint selection committee, for part 5 (Employment of officers and employees)—see section 63. management standards means the management standards made under section 251. management strategy means a strategy made under section 26. merit and equity principle—see section 8 (4). misconduct, by a public servant, means failure to comply with section 9 (Public sector conduct). misconduct procedure, in relation to a public servant, means— (a) if an industrial instrument covers the public servant and includes procedures for misconduct—the misconduct procedures in the industrial instrument; or (b) in any other case—a prescribed procedure. office means an office established under section 23. officer means a person who is— (a) an officer because of the Public Sector Management (Consequential and Transitional Provisions) Act 1994; or (b) appointed as an officer under division 5.3 (Appointment of officers) or part 7 (Re-entry to the service). part-time office means an office in relation to which a declaration under section 66 is in force. permanent resident means— (a) a person who holds a permanent visa for the Migration Act 1958 (Cwlth), section 30; or (b) a New Zealand citizen who holds a special category visa under the Migration Act 1958 (Cwlth), section 32. prescribed means prescribed by the management standards.

principal union, for an office, means the relevant union with the largest number of members in the service occupying positions at the same classification level as the office. promotion, in relation to an officer, means a permanent movement of an officer within the service to an office with a higher classification than the office that the officer was appointed to immediately before the promotion. Note The comparative level of classifications is determined by the maximum salary payable to a classification (see s 23 (3)). public sector means the following: (a) the service; (b) entities in which public sector members are employed that are owned or operated by the Territory or a territory instrumentality. public sector employer—see section 152 (1). public sector member—see section 150. public sector principles—see section 8 (1). public sector values—see section 7. qualification includes the following: (a) an academic qualification; (b) an apprenticeship; (c) a licence; (d) membership of a professional body; (e) a registration; (f) a security clearance. relevant union, for an office, means an employee organisation— (a) registered under the Fair Work (Registered Organisations) Act 2009 (Cwlth); and

(b) entitled to represent the industrial interests of 1 or more people working in the administrative unit in which the office exists; and (c) covered by an industrial agreement that applies to 1 or more people working in the administrative unit in which the office exists. reviewable decision, for part 9 (Review and appeal)—see section 223. senior executive service—see section 12 (3) (a). service means the ACT Public Service established under section 12 (1). SES member means a member of the service in the senior executive service. SES position, for an SES member, means the position in which the member is engaged, as set out in the member’s contract. SETs, for part 4 (Engagement of senior executive service)—see statutory employment terms. statutory employment terms or (SETs), for an SES member, for part 4 (Engagement of senior executive service)—see section 30. territory instrumentality— (a) means a corporation established under an Act or statutory instrument, or under the Corporations Act, that is— (i) comprised of people, or has a governing body comprised of people, a majority of whom are appointed by— (A) a Minister; or (B) the head of service; or (C) a director-general; or (D) a statutory office-holder; or (ii) subject to control or direction by a Minister; but

(b) does not include— (i) an administrative unit or a part of an administrative unit; or (ii) a body that is prescribed. transfer, in relation to an officer, means a permanent or temporary movement of an officer within the service between 2 offices, other than by promotion. unattached officer means an officer who does not hold an office. unsuccessful election candidate, for part 7 (Re-entry to the service)—see section 128. unsuitability criteria, for part 5 (Employment of officers and employees)—see section 70 (4). vacant office— (a) means an office that is not occupied; and (b) includes an office that is expected to become vacant. whole-of-government strategy, for the service, means a formal or informal strategy, target, policy, program or service, approved in writing by the head of service, that— (a) relates to matters for which more than 1 administrative unit is responsible; and (b) requires public servants in more than 1 administrative unit to exercise a function.

1 About the endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired

Public Sector Management Act 1994 A1994-37 notified 30 June 1994 (Gaz 1994 No S121) s 1, s 2 commenced 30 June 1994 (s 2 (1)) remainder commenced 1 July 1994 (s 2 (2) and Gaz 1994 No S142) as amended by Public Interest Disclosure Act 1994 A1994-108 s 40 notified 22 December 1994 (Gaz 1994 No S289) s 1, s 2 commenced 22 December 1994 (s 2 (1)) s 40 commenced 21 June 1995 (s 2 (2) and Gaz 1995 No S126) Electricity and Water (Corporatisation) (Consequential Amendments) Act 1995 A1995-7 sch notified 28 June 1995 (Gaz 1995 No S148) commenced 1 July 1995 (s 2) Public Sector Management (Amendment) Act 1995 A1995-51 notified 20 December 1995 (Gaz 1995 No S313) s 1, s 2 commenced 20 December 1995 (s 2 (1)) remainder commenced 21 December 1995 (s 2 (2) and Gaz 1995 No S315) Remuneration Tribunal (Consequential and Transitional Provisions) Act 1995 A1995-56 sch notified 20 December 1995 (Gaz 1995 No S313) commenced 21 December 1995 (s 2 and see Gaz 1995 No S315) Public Sector Management (Amendment) Act 1996 A1996-24 notified 4 June 1996 (Gaz 1996 No S101) commenced 1 July 1996 (s 2) Financial Management and Audit (Consequential and Transitional Provisions) Act 1996 A1996-26 sch pt 28 notified 1 July 1996 (Gaz 1996 No S130) commenced 1 July 1996 (s 2)

Betting (Corporatisation) (Consequential Amendments) Act 1996 A1996-33 sch 1 notified 1 July 1996 (Gaz 1996 No S130) commenced 1 July 1996 (s 2 (1)) Gungahlin Development Authority (Consequential Provisions) Act