ACTIn ForceAct
Public Sector Management Act
26November 2025. It also includes any commencement, amendment, repeal or expiry affecting
Start here
Get a plain-English read of 26
Turn the raw legal text into a practical explanation grounded in 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