Sch 2Appellable decisions

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