152Certain office-holders have management powers

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.