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Public Sector Management Act
152Certain office-holders have management powers
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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.