Public Sector Management Act
25Employees
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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