State Service (Savings and Transitional Provisions) Act 2000
In ForceTAS
Jurisdiction
Tasmania
Act Number
87 of 2000
Collection
act
Plain English Summary
5/10 complexity
This Act moves existing workplace arrangements from the Tasmanian State Service Act 1984 into the State Service Act 2000 so appointments, contracts, classifications, registers, departmental structures and ongoing processes continue without interruption from commencement. It affects current public servants, heads of agencies and the relevant commissioners by preserving existing terms, ongoing appeals, suspensions and secondments, and by allowing the Governor to make regulations to settle any remaining transitional issues.
This Act is a savings and transitional statute that preserves legal and employment continuity when the Tasmanian State Service Act 1984 (the repealed Act) is replaced by the State Service Act 2000 (the Principal Act). Its mechanics are principally carried by legal fictions: it declares that certain persons, instruments, processes and decisions existing immediately before commencement are "taken to have been" made, appointed or created under corresponding provisions of the Principal Act (see, for example, ss 4-7, 10-13, 16-18, 21, 22, 24). The aim, as expressed in the text, is to map existing arrangements into the new statutory framework so that rights, duties and administrative processes continue without immediate re‑negotiation or collapse.
Mechanically it does the following categories of things:
Preserves incumbent officeholders by deeming pre‑commencement appointments to be appointments under the Principal Act for their remaining term (s 4).
Preserves existing contracts and determines continuity of contractual relationships by deeming pre‑commencement contracts entered into under the repealed Act to be contracts entered into under the Principal Act (s 5).
Maps determinations, classification standards, registers and standing orders made under the repealed Act to equivalent heads or sections of the Principal Act (ss 6-7, 12, 18).
Treats Government departments, prescribed offices, Heads of Agencies and senior executives existing immediately before commencement as established or appointed under the Principal Act, preserving terms and conditions of appointment (ss 8-11).
Converts certain categories of employees and employment statuses into the Principal Act framework, preserving accrued rights and applicable terms unless altered by agreement, tribunal decision or provision of the Principal Act (ss 13, 17, 19, 30; Schedules 1 and 2).
Current sections
Direct links to the current provisions in State Service (Savings and Transitional Provisions) Act 2000.
(2) Expressions used in this Act that are defined in the Principal Act have in this Act, unless the contrary intention appears, the respective meanings given to those expressions by the Principal Act.
4
Commissioner for Public Employment
4 Commissioner for Public Employment
The person holding office as Commissioner for Public Employment immediately before the commencement of the Principal Act is taken to have been appointed as State Service Commissioner under that Act for the remainder of the period specified in his or her instrument of appointment as Commissioner for Public Employment.
5
Contracts
5 Contracts
A contract entered into by the Commissioner for Public Employment or the Commissioner for Review under the repealed Act and in force immediately before the commencement of the Principal Act is taken to have been entered into by the State Service Commissioner under the Principal Act.
6
Determinations
6 Determinations
(1) A determination made under section 10(1)(f) of the repealed Act and in force immediately before the commencement of the Principal Act is taken to have been made under section 18(1)(l) of the Principal Act.
(2) A determination made under section 10(1)(g) of the repealed Act and in force immediately before the commencement of the Principal Act is taken to have been made under section 18(1)(b) of the Principal Act.
7
Classification standards and procedures
7 Classification standards and procedures
Any classification standards and procedures developed under section 18(1)(c) of the repealed Act and in force immediately before the commencement of the Principal Act are taken to have been developed under section 18(1)(k) of the Principal Act.
8
Government departments
8 Government departments
The Government departments established under the repealed Act and in existence immediately before the commencement of the Principal Act are taken to have been established as Government departments under the Principal Act.
9
Heads of Agencies
9 Heads of Agencies
(1) A person who, immediately before the commencement of the Principal Act, holds office corresponding in title to the office specified in column 2 of Division 1 of Part 1 of Schedule 1 to the Principal Act is taken to have been appointed to that office under section 31 of the Principal Act subject to the terms and conditions of his or her instrument of appointment.
(2) All acts, matters and things done or omitted before the commencement of the Principal Act by or in relation to a Head of Agency appointed under the repealed Act have, on and after that commencement, the same force and effect as if they had been done or omitted by or in relation to the appropriate Head of Agency specified in column 2 of Division 1 of Part 1 of Schedule 1 to the Principal Act.
10
Prescribed offices
10 Prescribed offices
(1) An office prescribed under section 29 of the repealed Act and in existence immediately before the commencement of the Principal Act is taken to have been prescribed under the Principal Act.
(2) A person who, immediately before the commencement of the Principal Act, holds an office referred to in subsection (1) is taken to have been appointed to that office under section 31 of the Principal Act subject to the terms and conditions of his or her instrument of appointment.
11
Senior executives
11 Senior executives
A position determined by the Commissioner to be of a senior executive or equivalent specialist nature under section 38(1A) of the repealed Act and in existence immediately before the commencement of the Principal Act is taken to be an office created by the Premier under section 29(4) of the Principal Act.
12
Standing orders
12 Standing orders
Any standing orders made under section 33(6) of the repealed Act and in existence immediately before the commencement of the Principal Act are taken to have been made under section 34(3) of the Principal Act.
13
Employees
13 Employees
A person who was appointed or promoted under section 34 of the repealed Act as a permanent employee and who held office as a permanent employee immediately before the commencement of the Principal Act is taken to have been appointed or promoted as a permanent employee under section 37 of the Principal Act on the same terms and conditions of employment as those which applied to the employee immediately before that commencement.
14
Duties of employees
14 Duties of employees
An assignment of functions to an employee or a position under section 33(1)(c) of the repealed Act and in existence immediately before the commencement of the Principal Act is taken to be an assignment of duties to an employee in accordance with section 34(1)(e) of the Principal Act.
15
Procedures for filling vacancies
15 Procedures for filling vacancies
Any procedures in relation to the filling of a vacant position under the repealed Act commenced but not concluded before the commencement of the Principal Act are to be concluded as if they had been commenced under the Principal Act in relation to an appointment or promotion under the Principal Act.
16
Determinations under section 37(1) of the repealed Act
16 Determinations under section 37(1) of the repealed Act
A determination made under section 37(1) of the repealed Act and in force immediately before the commencement of the Principal Act is taken to have been made under section 37(5) of the Principal Act.
17
Persons employed under section 38 of the repealed Act
17 Persons employed under section 38 of the repealed Act
(1) A person, other than a person to whom subsection (2) applies, employed under section 38(1)(a) of the repealed Act immediately before the commencement of the Principal Act is taken to have been appointed as a fixed-term employee under the Principal Act subject to the terms and conditions of his or her appointment under section 38(1)(a) of the repealed Act.
(2) A person employed under section 38(1)(a) of the repealed Act immediately before the commencement of the Principal Act and who is a person, or a member of a class of persons, specified in Schedule 1 is, subject to subsection (3) , taken to have been appointed as a permanent employee under the Principal Act.
(3) A person specified in Schedule 1 who is employed for a fixed term is taken to have been appointed under section 37(3)(b) of the Principal Act subject to the terms and conditions of his or her appointment under section 38(1)(a) of the repealed Act.
(4) A person employed under section 38(1)(b) of the repealed Act immediately before the commencement of the Principal Act is taken to have been appointed as an officer under the Principal Act subject to the terms and conditions of his or her instrument of appointment under section 38(1)(b) of the repealed Act.
18
Registers
18 Registers
A register kept under section 38(5) of the repealed Act and in existence immediately before the commencement of the Principal Act is taken to be a register made as a result of a determination of the Commissioner pursuant to section 39(1) of the Principal Act.
19
Election to be reappointed as employee
19 Election to be reappointed as employee
A person who, under section 29(13) of the repealed Act, or an employee who, under section 38(8) of the repealed Act, is entitled to elect to be reappointed as a permanent employee is taken to be entitled to elect to be reappointed as a permanent employee under section 38(4) of the Principal Act.
20
Secondments
20 Secondments
(1) An arrangement entered into under section 43 of the repealed Act and in force immediately before the commencement of the Principal Act is taken to be an agreement entered into under section 41(2) of the Principal Act.
(2) An agreement or arrangement entered into under section 44(1)(a) of the repealed Act and in force immediately before the commencement of the Principal Act is taken to be an arrangement entered into under section 46(1)(a) of the Principal Act.
(3) An agreement or arrangement entered into under section 44(2) of the repealed Act and in force immediately before the commencement of the Principal Act is taken to be an arrangement entered into under section 46(1)(b) of the Principal Act.
(4) Where an employee is entitled under section 45(2) of the repealed Act to recommence duties in a position on completion of a period of secondment, the employee is entitled to be assigned duties under the Principal Act at a similar salary level to the duties undertaken in that position immediately before the commencement of the Principal Act.
(5) Upon the cessation of an agreement or arrangement under section 43(1) or 44(2) of the repealed Act in respect of an employee, if the position held by the employee, immediately before the agreement or arrangement was entered into, has been declared vacant or abolished under section 45(1)(a) or (b) of the repealed Act, the Head of Agency is to assign duties under the Principal Act to the employee at a similar salary level to the position held by the employee immediately before the agreement or arrangement was entered into.
21
Suspension
21 Suspension
A suspension of an employee imposed under Part 8 or 9 of the repealed Act and in force at the commencement of the Principal Act is taken to be a suspension imposed pursuant to regulations referred to in section 43 of the Principal Act.
22
Employees declared to be surplus
22 Employees declared to be surplus
An employee who has been declared to be surplus to the requirements of an Agency in accordance with section 47 of the repealed Act is taken to have been accepted by the Commissioner as being available for redeployment in accordance with section 47 of the Principal Act from the date the employee was declared to be surplus under the repealed Act.
23
Inability to discharge duties
23 Inability to discharge duties
(1) Where the Commissioner for Public Employment has accepted a recommendation made under section 52(1) of the repealed Act, the subject matter of that recommendation is to be dealt with in accordance with the provisions of the repealed Act.
(2) If a determination of whether an employee is able to efficiently and effectively perform the duties assigned to the employee is to be undertaken in accordance with section 48 of the Principal Act, the determination may take into account the performance of those duties by the employee in the State Service before the commencement of the Principal Act.
24
Discipline and conduct
24 Discipline and conduct
(1) Where, before the commencement of the Principal Act, a Head of Agency has served notice on an employee in accordance with section 55(1) of the repealed Act, the subject matter of that notice is to be dealt with in accordance with the provisions of the repealed Act.
(2) Where the Minister administering the repealed Act has taken action in accordance with section 58(3) , (4) or (6) of the repealed Act, the subject matter of that action is to be dealt with under the provisions of the repealed Act.
(3) If, after the commencement of the Principal Act, a Head of Agency has reason to believe that a permanent employee employed in that Agency committed an offence under section 54 of the repealed Act before the commencement of the Principal Act, the alleged offence is to be taken as an alleged breach of the Code of Conduct referred to in section 9 of the Principal Act and is to be dealt with in accordance with section 10 of the Principal Act.
25
Appeals
25 Appeals
(1) Where, before the commencement of the Principal Act, an appeal was made in accordance with section 66 of the repealed Act but has not been determined under section 68(17) of the repealed Act, that appeal is to be dealt with in accordance with the provisions of the repealed Act.
(2) If an employee makes application to the Commissioner for a review of a State Service action that occurred before the commencement of the Principal Act, that review is to be determined in accordance with section 51 of the Principal Act.
(3) Subsection (2) does not apply if the State Service action referred to in that subsection was the subject matter of an appeal to the Commissioner for Review under section 66 of the repealed Act.
26
Notices
26 Notices
Any notice required to be published in the Gazette under section 74 of the repealed Act but not so published before the commencement of the Principal Act is to be notified under section 52 of the Principal Act.
27
Holidays
27 Holidays
Any action taken by the Governor in accordance with section 75(3) of the repealed Act that has effect after the commencement of the Principal Act is taken to be action taken by the Minister under section 53(3) of the Principal Act.
28
Activities undertaken outside State Service
28 Activities undertaken outside State Service
Where before the commencement of the Principal Act a Head of Agency has granted permission to an employee in accordance with section 79(3) of the repealed Act and that permission has not been varied or revoked, the permission continues until varied or revoked by the Head of Agency in which the employee is employed.
29
Provisions in respect of matters to be dealt with under repealed Act
29 Provisions in respect of matters to be dealt with under repealed Act
(1) In respect of any matters required to be dealt with under the provisions of the repealed Act by virtue of this Act or section 16 of theActs Interpretation Act 1931 after the commencement of the Principal Act, any functions or powers to be performed or exercised by the Commissioner for Review or the Commissioner for Public Employment may be performed or exercised by the Commissioner.
(2) In respect of any matters to be dealt with under the provisions of the repealed Act after the commencement of the Principal Act, a reference to a position in the repealed Act is to be read as a reference to an assignment of duties.
30
Certain persons to become employees
30 Certain persons to become employees
(1) A person specified in column 1 of Schedule 2 becomes, on the commencement of the Principal Act, an officer or employee appointed or employed under the Principal Act and is taken to have been appointed or employed under that Act and to have been assigned the duties which the person was performing immediately before that commencement as if those duties had been assigned to the person under section 34(1)(e) of the Principal Act.
(2) Where a person becomes an officer or employee by virtue of subsection (1) , that person –
(a) is to be employed in accordance with the terms and conditions specified in the award and instrument of appointment (if any) that applied to that person immediately before the commencement of the Principal Act unless those terms and conditions are varied by agreement, a decision of a competent tribunal or as otherwise prescribed in the Principal Act; and
(b) is to retain any rights that immediately before that commencement have accrued to that person; and
(c) is to have, under the Principal Act, the employment status in relation to that person as specified in column 2 of Schedule 2.
31
Regulations
31 Regulations
(1) The Governor may make regulations containing provisions of a savings or transitional nature consequential on the enactment of the Principal Act.
(2) A provision referred to in subsection (1) may, if the regulations so provide, take effect from the commencement of the Principal Act or a later day.
1. A person employed in the Department of Education, immediately before the commencement of the Principal Act, pursuant to –
(a) the Miscellaneous Workers (Public Sector) Award; or
(b) the Metal Trades (State Employees) Award; or
(c) the Electrical/Electronic Trades (Public Sector) Award; or
(d) the TAFE Tasmania Building Trades Industrial Agreement 1998; or
(e) the Building Trades (Tasmanian Public Sector) 2nd Tier and Interim Wages and Conditions Supplementary Agreement No. 1 of 1990.
2. A person employed in the Department of Primary Industries, Water and Environment, immediately before the commencement of the Principal Act, pursuant to the Australian Workers Union (Tasmanian Public Sector) Award 1996.
3. A person employed in the Department of Infrastructure, Energy and Resources, immediately before the commencement of the Principal Act, pursuant to –
(a) the Miscellaneous Workers (Public Sector) Award; or
(b) the Electrical/Electronic Trades (Public Sector) Award.
SCHEDULE 2 - Employment status
SCHEDULE 2 - Employment status of persons who become officers or employees
SCHEDULE 2 - Employment status SCHEDULE 2 - Employment status of persons who become officers or employees
| Column 1 | Column 2 |
| Person | Employment Status |
| 1. A person employed or engaged under section 36(2) of the TAFE Tasmania Act 1997 | Fixed-term employee |
| 2. A person appointed under section 16(1) of the Tasmanian Development Act 1983 as – | Officer |
| (a) Assistant General Manager Administration; or | |
| (b) Chief Finance Officer; or | |
| (c) Chief Human Resources Officer; or | |
| (d) Chief Information Officer; or | |
| (e) Corporate Secretary; or | |
| (f) Executive Director, Canberra; or | |
| (g) General Manager Corporate Services; or | |
| (h) General Manager C.R.I.S.P.; or | |
| (i) General Manager Export Development and Investment Attraction; or | |
| (j) General Manager Finance and Finance Facilitation; or | |
| (k) General Manager Resource Industries; or | |
| (l) General Manager State Industries; or | |
| (m) Manager Innovation, Science and Technology; or | |
| (n) Regional Manager North; or | |
| (o) Regional Manager North West | |
| 3. A person appointed under section 16(1) of the Tasmanian Development Act 1983 as – | Fixed-term employee |
| (a) Account Manager; or | |
| (b) Assistant General Manager; or | |
| (c) Client Manager; or | |
| (d) Executive Director Industrial Supplies Office; or | |
| (e) Finance Officer; or | |
| (f) Financial Analyst; or | |
| (g) Graduate Financial Analyst; or | |
| (h) Graduate Project Analyst; or | |
| (i) Industry Councils Project Officer; or | |
| (j) Manager Marketing/Events; or | |
| (k) Manager Screen Tasmania; or | |
| (l) Manager Small Business Programs; or | |
| (m) Manager Special Projects; or | |
| (n) Manager Technopark; or | |
| (o) Market Analyst; or | |
| (p) Procurement Engineer; or | |
| (q) Project Analyst; or | |
| (r) Project Manager; or | |
| (s) Project Officer; or | |
| (t) Public Relations/Media Officer; or | |
| (u) Regional Manager South; or | |
| (v) Research Officer; or | |
| (w) Senior Client Manager | |
| 4. A person appointed under section 16(1) of the Tasmanian Development Act 1983 as an employee engaged by a letter of appointment for a period of less than 3 years | Fixed-term employee |
| 5. A person appointed under section 16(1) of the Tasmanian Development Act 1983 on a 3 year contract of employment – | Permanent employee |
| (a) to undertake functions of an administrative or corporate services nature; or | |
| (b) to undertake a research function within the Centre for Research, Industry and Strategic Planning | |
| 6. A person engaged as an employee under section 20(3) of the Emergency Services Act 1976 | Fixed-term employee |
| 7. A person employed or engaged under section 23(2) of the Tourism Tasmania Act 1996 as a Director or General Manager | Officer |
| 8. A person employed or engaged under section 23(2) of the Tourism Tasmania Act 1996 as – | Fixed-term employee |
| (a) Area Sales Manager; or | |
| (b) Industry Development Consultant; or | |
| (c) Journalist or Media Liaison Officer; or | |
| (d) Marketing Manager; or | |
| (e) Sales and Marketing Manager; or | |
| (f) Senior Consultant; or | |
| (g) Trade Marketing Executive or Manager | |
| 9. A person employed or engaged under section 23(2) of the Tourism Tasmania Act 1996 other than a person specified in item 7 or 8 | Permanent employee |
| 10. A person appointed under section 17 of the Tourism Tasmania Act 1996 as chief executive officer | Officer |
| 11. A person appointed by the Port Arthur Historic Site Management Authority pursuant to section 21(1) of the Government Business Enterprises Act 1995 as Conservation Manager | Officer |
| 12. A person appointed by the Port Arthur Historic Site Management Authority pursuant to section 21(1) of the Government Business Enterprises Act 1995 as – | Permanent employee |
| (a) a permanent employee; or | |
| (b) a permanent employee (rostered day worker) | |
| 13. A person appointed by the Port Arthur Historic Site Management Authority pursuant to section 21(1) of the Government Business Enterprises Act 1995 – | Fixed-term employee |
| (a) as a temporary employee; or | |
| (b) as a temporary employee (rostered day worker); or | |
| (c) as a casual employee; or | |
| (d) subject to an employment agreement | |
Source text: opening excerpt
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
1 Short title
1 Short title
This Act may be cited as the State Service (Savings and Transitional Provisions) Act 2000 .
2 Commencement
2 Commencement
This Act commences on the day on which the State Service Act 2000 commences.
3 Interpretation
3 Interpretation
(1) In this Act –
Principal Act means the State Service Act 2000 ;
repealed Act means the Tasmanian State Service Act 1984 .
(2) Expressions used in this Act that are defined in the Principal Act have in this Act, unless the contrary intention appears, the respective meanings given to those expressions by the Principal Act.
4 Commissioner for Public Employment
4 Commissioner for Public Employment
The person holding office as Commissioner for Public Employment immediately before the commencement of the Principal Act is taken to have been appointed as State Service Commissioner under that Act for the remainder of the period specified in his or her instrument of appointment as Commissioner for Public Employment.
5 Contracts
5 Contracts
A contract entered into by the Commissioner for Public Employment or the Commissioner for Review under the repealed Act and in force immediately before the commencement of the Principal Act is taken to have been entered into by the State Service Commissioner under the Principal Act.
6 Determinations
6 Determinations
(1) A determination made under section 10(1)(f) of the repealed Act and in force immediately before the commencement of the Principal Act is taken to have been made under section 18(1)(l) of the Principal Act.
(2) A determination made under section 10(1)(g) of the repealed Act and in force immediately before the commencement of the Principal Act is taken to have been made under section 18(1)(b) of the Principal Act.
Provides rules for in‑flight processes: procedures for filling vacancies started under the repealed Act are to be concluded as if commenced under the Principal Act (s 15); pending appeals are to be dealt with under the repealed Act where not yet determined (s 25(1)), while other reviews are to be determined under the Principal Act (s 25(2)).
Preserves specific employment arrangements such as secondments, suspensions, redeployments, discipline matters, notices to the Gazette and permissions to undertake outside activities, by mapping them into the Principal Act (ss 20, 21, 22, 24, 26, 28).
Enables the Governor to make regulations for further savings or transitional matters and allows such regulations to operate from commencement or later (s 31).
Temporarily assigns administration of the transitional Act to the Premier and the Department of Premier and Cabinet until an order under the Administrative Arrangements Act 1990 is made (s 32).
Who pays and who decides, in mechanical terms: agencies and the State Service Commissioner (and in defined instances the Commissioner for Review or Commissioner for Public Employment via s 29(1)) remain the decision makers for most ongoing administrative matters, while the fiscal and administrative cost of compliance,record migration, reissuing instruments where necessary, redeployment and secondment management,is borne by agencies, with operational oversight sitting with the Commissioner and Heads of Agencies as those roles are carried into the new regime (see ss 4, 9, 29).
The Act is narrowly transitional: it does not itself create a new substantive employment regime, nor does it contain new disciplinary offences. Its primary effect is to maintain continuity while the Principal Act takes full statutory operation (s 2). All quoted or paraphrased provisions below cite the sections of this savings and transitional Act.
Main concepts
The Act operates around a limited set of legal‑technical concepts. Understanding them is essential to applying the transitional rules and predicting friction points.
Principal Act and repealed Act
The Act defines two central terms: "Principal Act", meaning the State Service Act 2000, and "repealed Act", meaning the Tasmanian State Service Act 1984 (s 3(1)). This framing makes the Act a pure bridge statute: every operative clause maps an existing matter under the repealed Act into a corresponding provision of the Principal Act.
Deeming and continuity
The principal device is a deeming fiction: persons, contracts, determinations, standards, registers, departments, offices, appointments and procedures that existed immediately prior to the Principal Act commencement are "taken to have been" created, made, appointed, prescribed or developed under a particular section of the Principal Act (for example, ss 4-7, 10-13, 16-18). The grammar is deliberate: it preserves legal continuity rather than rewriting the substance of instruments.
Definition carryover
Where expressions used in this Act are defined in the Principal Act, those meanings apply unless a contrary intention appears (s 3(2)). This means the Act intentionally imports the Principal Act's definitional universe to avoid semantic mismatch. Practically, this imports the Principal Act's concepts of "employee", "Head of Agency", "fixed‑term", "permanent employee", "commissioner", and other role/term definitions into the transitional machinery.
Preservation of terms and accrued rights
The Act explicitly preserves existing terms and conditions of employment and accrued rights: for permanent employees appointed or promoted under s 34 of the repealed Act and in office immediately before commencement, the person is "taken to have been appointed or promoted as a permanent employee under section 37 of the Principal Act on the same terms and conditions of employment" (s 13). For persons who become officers or employees under s 30, s 30(2) preserves award and instrument terms unless varied by agreement, tribunal decision, or as otherwise prescribed in the Principal Act.
Mapping of specific categories
The Act provides specific mappings between particular provisions of the repealed Act and corresponding provisions of the Principal Act. Examples: determinations under s 10(1)(f) and 10(1)(g) of the repealed Act become determinations under s 18(1)(l) and s 18(1)(b) of the Principal Act respectively (s 6); classification standards and procedures under s 18(1)(c) of the repealed Act are taken to have been developed under s 18(1)(k) of the Principal Act (s 7).
Procedural carryovers
Procedures in progress are concluded under the Principal Act (s 15). Specific adjudicative matters started under the repealed Act are preserved and may continue under the repealed Act's provisions if already started at commencement, for example appeals pending under s 66 of the repealed Act but not determined under s 68(17) are to be dealt with under the repealed Act (s 25(1)); conversely, other reviews of State Service action occurring before commencement may be determined under the Principal Act (s 25(2)).
Regulatory and administrative hooks
The Governor may make regulations for savings or transitional matters consequential on the Principal Act’s enactment (s 31). Administration of this transitional Act is assigned to the Premier until an Administrative Arrangements order is made (s 32). Section 29(1) provides flexibility by allowing the Commissioner to perform or exercise functions or powers that the repealed Act would have assigned to the Commissioner for Review or the Commissioner for Public Employment, for matters that are to be dealt with under the repealed Act after commencement.
Schedules as express listings
Schedules 1 and 2 are operative lists identifying classes of employees and specified persons who become officers or employees under the Principal Act and their prescribed employment status (s 17, s 30 and the Schedules themselves). These Schedules have legal force under the Act and pin specified individuals or classes to a particular employment status on commencement.
These concepts structure the Act’s effect: legal fictions to preserve continuity, importation of Principal Act definitions, explicit preservation of terms and accrued rights, mappings for specific instruments and persons, and procedural rules to finish in‑flight matters. They also identify the locus of discretion and implementation: the Commissioner, Heads of Agencies, and the Governor via regulations have continuing roles in translating old instruments into the new statutory framework.
Who it affects
This Act affects three broad groups: government decision makers, existing employees and officeholders across the State Service, and agencies which must operationalise the transition. Each group experiences different mechanical effects.
Government decision makers
The Commissioner for Public Employment (the incumbent immediately before Principal Act commencement), the State Service Commissioner, the Commissioner for Review, Heads of Agencies, the Minister who administered the repealed Act, the Governor and the Premier are all affected. The Act takes the person holding office as Commissioner for Public Employment immediately before commencement and treats that person as the State Service Commissioner under the Principal Act for the remainder of their instrument of appointment (s 4). Section 29(1) authorises the Commissioner to perform or exercise functions that under the repealed Act belonged to the Commissioner for Review or Commissioner for Public Employment, effectively consolidating certain remits in the Commissioner role pending final arrangements. Administration of the transitional Act is assigned to the Premier and the Department of Premier and Cabinet until an Administrative Arrangements order (s 32), therefore central executive offices bear administrative responsibility initially.
Heads of Agencies and Departments
Government departments and Heads of Agencies established, appointed or in office immediately before commencement are deemed established or appointed under the Principal Act, and acts or omissions done under the repealed Act by those Heads of Agencies are preserved in their new identity (ss 8-9). Heads of Agencies continue to make assignments, manage redeployments and take action on surplus declarations under the Principal Act framework (ss 9, 22). The Head of Agency is specifically responsible for assigning duties for employees returning from secondment when their old positions have been declared vacant or abolished (s 20(5)).
Employees and officeholders
Categories of employees are specifically addressed: permanent employees appointed or promoted under s 34 of the repealed Act and in office immediately before the Principal Act commencement are taken to have been appointed under the Principal Act on the same terms (s 13). Persons who were employed under s 38 of the repealed Act are mapped to fixed‑term, permanent or officer statuses depending on statutory criteria and Schedule 1‑specified classes (s 17 and Schedule 1). Schedule 2 lists particular persons and maps them to employment statuses (s 30 and Schedule 2). The Act also preserves accrued rights and awards: a person becoming an officer or employee by virtue of s 30 retains rights accrued and "is to be employed in accordance with the terms and conditions specified in the award and instrument of appointment (if any) that applied" immediately before commencement unless variation occurs by agreement, tribunal decision or as otherwise prescribed (s 30(2)(a)-(c)).
People with pending processes
Individuals subject to in‑flight procedures are affected: applications and procedures for filling vacancies that commenced but had not concluded are to be completed as if they had been commenced under the Principal Act (s 15). Suspension orders in force at commencement are taken to be suspensions under Principal Act regulations (s 21). Discipline, inability to discharge duties and appeals that began before commencement may be required to be dealt with under the repealed Act or under mapped Principal Act provisions depending on the specific provision cited (ss 23-25).
Third parties and tribunals
Tribunals, awards, industrial instruments and other third parties administering employment terms are implicated because the Act preserves award‑based terms (s 30(2)(a)) and contemplates that tribunal decisions can vary preserved terms. Where the Governor makes regulations under s 31, external parties subject to those regulations must comply.
In short, the Act affects executives and administrators responsible for process continuity (Commissioner, Heads of Agencies, Premier), employees across many employment classifications (identified expressly in Schedules), and institutions which enforce industrial terms and adjudicate disputes. The financial costs of transitional compliance fall on agencies; the decision power is retained by Commissioners, Heads of Agencies and relevant Ministers subject to mappings in this statute (see ss 4, 9, 29, 32).
Key duties and rights
The Act preserves and maps a number of substantive duties and rights from the repealed Act into the Principal Act. These are predominantly administrative and employment rights rather than new duties or criminal liabilities.
Preserved appointment and employment status rights
Incumbent Commissioners, Heads of Agencies, and persons in prescribed offices are taken to occupy their offices under the Principal Act for the existing duration and on their existing terms (ss 4, 9(1), 10(2)). Permanent employees appointed or promoted under s 34 of the repealed Act retain their status and terms as permanent employees under the Principal Act (s 13). Persons listed in Schedule 2 who become officers or employees on commencement are to be employed on the terms and conditions specified in their pre‑commencement award and instrument unless varied (s 30(1)-(2)).
Accrued rights and terms
The Act expressly preserves accrued rights. For example, a person becoming an officer or employee under s 30 continues to "retain any rights that immediately before that commencement have accrued to that person" (s 30(2)(b)). This means entitlements such as accrued leave, redundancy entitlements under applicable industrial instruments, and similar legally accrued benefits persist unless varied by agreement, tribunal decision, or as prescribed (s 30(2)(a)-(b)).
Duties of employees and assignment of functions
Assignments of functions and duties already made under the repealed Act are remapped: an assignment under s 33(1)(c) of the repealed Act is to be treated as an assignment of duties under s 34(1)(e) of the Principal Act (s 14). This preserves the legal basis for an employee's duties without requiring fresh appointment action.
Redeployment, surplus and secondment rights
An employee declared surplus under s 47 of the repealed Act is "taken to have been accepted by the Commissioner as being available for redeployment" under s 47 of the Principal Act from the original date declared surplus (s 22). Secondments entered into under the repealed Act are treated as arrangements under corresponding sections of the Principal Act; importantly, where an employee is entitled to recommence duties at the end of a secondment, the employee "is entitled to be assigned duties under the Principal Act at a similar salary level to the duties undertaken in that position immediately before the commencement" (s 20(4)). If the original position has been declared vacant or abolished, the Head of Agency must assign duties at a similar salary level (s 20(5)).
Disciplinary and review rights
Notices and disciplinary actions begun under the repealed Act and in specified states of progress are to be dealt with under the repealed Act (s 24(1)-(2)). If a Head of Agency forms a belief after commencement that a permanent employee committed an offence under s 54 of the repealed Act before commencement, that alleged offence is to be treated as a breach of the Code of Conduct in the Principal Act and dealt with under section 10 of the Principal Act (s 24(3)). Appeals begun under the repealed Act but not determined under a particular subsection are to be resolved under the repealed Act (s 25(1)), while other applications for review of pre‑commencement State Service action are to be determined in accordance with s 51 of the Principal Act (s 25(2)).
Registers, determinations and classification standards
Registers kept under the repealed Act are taken to be registers made as a result of a Commissioner determination under the Principal Act (s 18). Determinations and classification standards developed under particular sections of the repealed Act are reclassified as determinations under the Principal Act (ss 6-7), so the substantive content of those decisions continues to bind where they were in force immediately prior to commencement.
Notices and administrative actions
Notices required to be published in the Gazette under the repealed Act but not published before commencement are to be notified under the Principal Act (s 26). Actions taken by the Governor under certain holiday provisions of the repealed Act that have effect after commencement are taken to be actions taken by the Minister under the Principal Act (s 27).
Overall effect on duties and rights
The Act itself imposes no new employee duties or new regulatory obligations against private parties , it converts, preserves and maps existing duties and rights to avoid legal vacuum. The practical obligations are on agencies and decision makers to recognise, continue and, where necessary, complete processes under the mapped Principal Act sections. The Commissioner, Heads of Agencies and the Governor retain administrative discretion to continue operations under transformed statutory labels (see ss 4, 9, 29, 31).
Penalties and enforcement
This transitional Act does not introduce new criminal offences or civil penalties; its enforcement architecture is largely derivative because it maps existing decisions and actions into the regulatory framework of the Principal Act and preserves existing mechanisms for dealing with misconduct, suspension and appeals.
No new offences in the transitional Act
The Act does not establish new offences or create fresh penalty regimes. Instead it preserves and reclassifies alleged misconduct so that enforcement and disciplinary mechanisms can be applied under the Principal Act. For instance, where a Head of Agency believes a permanent employee committed an offence under s 54 of the repealed Act before the Principal Act commenced, that alleged offence is to be treated as a breach of the Code of Conduct under s 9 of the Principal Act and dealt with through s 10 of the Principal Act (s 24(3)). Thus enforcement follows the Principal Act’s disciplinary process rather than a standalone penalty in this transitional Act.
Continuation of suspension and discipline processes
Suspensions in force at commencement under Part 8 or 9 of the repealed Act are taken to be suspensions imposed pursuant to regulations referred to in s 43 of the Principal Act (s 21). Disciplinary notices already served are to be dealt with under the repealed Act’s provisions if they were served before commencement (s 24(1)), and certain Ministerial actions taken under the repealed Act are preserved (s 24(2)). These clauses ensure that enforcement steps already initiated do not lapse; they simply continue under the new statutory headings.
Appeals and reviews
Appeals made under the repealed Act but not determined under a specific subsections are to be concluded under the repealed Act (s 25(1)). Other applications for review of State Service action that occurred before commencement are to be determined under s 51 of the Principal Act (s 25(2)), except where the action was already the subject of an appeal to the Commissioner for Review (s 25(3)). The practical effect is that the decision‑makers and procedural rules that apply to enforcement and cure of grievance depend on the stage and type of the pre‑commencement action.
Administrative enforcement
Section 29(1) authorises the Commissioner to exercise functions and powers that might otherwise have been exercisable by the Commissioner for Review or the Commissioner for Public Employment for matters that need dealing with under the repealed Act after commencement. This centralises some enforcement discretion in the Commissioner during the transition and may change who decides enforcement outcomes for a limited period.
Role of regulations and the Governor
The Governor may make regulations for savings and transitional matters (s 31). Regulations could address procedural detail relevant to enforcement or penalty application under the Principal Act, and s 31(2) permits these regulations to take effect from the Principal Act’s commencement date if the regulations so provide.
Practical enforcement implications
Enforcement in the transitional period is therefore a practical matter: where enforcement processes were started before commencement, agencies should follow the preserved procedures in this Act or the Principal Act mappings as specified by the transitional clauses. The enforcement burden , the cost of investigating, prosecuting internal disciplinary matters, completing appeals and maintaining registers , remains with agencies and the Commissioner, not with private parties or employees beyond the preserved rights and status. The Act itself does not provide for external judicial enforcement mechanisms beyond the existing appeal/review structures carried into the Principal Act context.
In sum, penalties and enforcement remain those of the underlying or successor regime; the transitional Act ensures continuity of enforcement paths by reclassifying and carrying forward existing enforcement actions and empowering the Commissioner and Heads of Agencies to complete or continue them.
How it interacts with other laws
This transitional Act is explicitly cross‑referential. It is designed to operate in tandem with the Principal Act and other existing legislation and instruments. The principal cross‑legal interactions are importation of definitions, mapping of procedural provisions, preservation of awards and instruments, and use of regulatory power for further transitional detail.
Importation of definitions and legal concepts
Section 3(2) provides that expressions used in this Act that are defined in the Principal Act have in this Act the meanings given in the Principal Act unless a contrary intention appears. This is an express statutory choice to use the Principal Act’s definitional framework as the interpretive baseline for the transitional clauses. The consequence is that the Act’s provisions must be read with the Principal Act’s definitions in mind; for instance, the technical meanings of "employee", "permanent", "fixed‑term", "Head of Agency" and "Commissioner" will be those in the Principal Act for interpretive purposes.
Mapping between specific statutory sections
The Act maps defined sections: determinations under specified sections of the repealed Act are to be taken as determinations under specified sections of the Principal Act (s 6). Classification standards and procedures developed under s 18(1)(c) of the repealed Act are taken to have been developed under s 18(1)(k) of the Principal Act (s 7). This mapping directly sets how particular legal instruments are migrated into the Principal Act.
Interaction with awards, instruments and tribunals
The Act preserves the terms and conditions specified in awards and instruments that applied immediately before commencement for persons who become officers or employees under s 30 (s 30(2)(a)). It also contemplates variation by agreement, a decision of a competent tribunal, or as otherwise prescribed in the Principal Act (s 30(2)(a)). This creates a legal interaction triangle: the pre‑existing industrial instruments sit alongside the Principal Act and tribunal decisions as sources of potential change.
Interplay with the Acts Interpretation Act and Administrative Arrangements Act
Section 29(1) invokes the Acts Interpretation Act 1931 (s 16) by reference and contemplates that functions or powers assigned under the repealed Act to particular offices may be performed by the Commissioner. Section 32 places temporary administrative responsibility with the Premier and the Department of Premier and Cabinet until an order under s 4 of the Administrative Arrangements Act 1990 is made. Both provisions indicate that the transitional Act depends on and interacts with other administrative law mechanisms for order‑making and interpretation.
Regulatory power and possible retrospective effect
The Governor may make regulations containing savings or transitional provisions consequential on the enactment of the Principal Act (s 31). Subsection (2) allows those regulations, if so provided, to take effect from the Principal Act's commencement or from a later day. This creates a mechanism whereby statutory detail absent from the primary transitional Act could be supplied by regulation and potentially given retrospective effect to the Principal Act commencement date. Readers should note that the Act authorises this possibility; the presence and content of any such regulations would materially affect how the transition operates in practice.
Treatment of position references as assignments of duties
Section 29(2) specifies that references to positions in the repealed Act are to be read as references to an assignment of duties when dealing with matters post‑commencement. This can affect how other laws or instruments that cross‑referenced roles are interpreted: the reference is converted from a positional concept to a functional one.
Continuity with the repealed Act’s operational rules
Several provisions specify that matters commenced under the repealed Act must continue under their original provisions (for example, s 15 on filling vacancies; s 24(1) on disciplinary notices; s 25(1) on pending appeals). In these instances, the interaction is temporal: the repealed Act continues to provide the substantive process for certain matters even as the Principal Act is in force.
Net result for legal interaction
Practitioners must read the transitional Act not in isolation but alongside the Principal Act, the repealed Act (for matters preserved), awards and instruments, tribunal decisions, and any regulations made under s 31. The imported definitions, mapping clauses, and regulatory hooks create a network of legal texts whose combined effect determines operational outcomes. Agencies should map their specific instruments and processes to the relevant sections cited in the transitional Act to determine which statutory text governs each matter.
Amendment history
The text provided is a standalone savings and transitional Act and does not itself contain an internal record of subsequent legislative amendments, nor does it annotate amendments. The Act’s own commencement is tied directly to the commencement of the Principal Act: it "commences on the day on which the State Service Act 2000 commences" (s 2). This establishes that the transitional Act’s operative window begins exactly with the Principal Act’s commencement.
Provisions for further change
The Act anticipates further legislative or regulatory modification in two ways. First, the Governor may make regulations containing savings or transitional provisions consequential on the enactment of the Principal Act (s 31). Those regulations may take effect from the Principal Act’s commencement or a later day (s 31(2)). Second, s 30(2) contemplates that preserved terms and conditions may be varied by agreement or by a competent tribunal decision or "as otherwise prescribed in the Principal Act"; this means that rights preserved by the transitional Act are not frozen forever and can be adjusted under the Principal Act or tribunal determinations.
No express amending schedules or historical annotations in the text
The Act, as provided, does not list prior amendments, repeals or a schedule of changes. It functions as a bridge at a discrete point in time. Any later amendments would need to be identified from legislative instruments, revision tables, or parliamentary records external to this text. Therefore, practitioners seeking a chronological amendment history must consult official statute revision resources or the Tasmanian parliamentary legislative database for post‑enactment changes and annotative histories.
Administrative Arrangements Act hook
Section 32 provides a temporary administrative assignment until an order under s 4 of the Administrative Arrangements Act 1990 is made. Such an order, when made, would be an administrative instrument affecting who administers the Act; depending on its content it may alter practical responsibility and implementation arrangements but does not amend the substantive text of the transitional Act. Any such administrative arrangement order would be separate to the Act and should be checked in the Administrative Arrangements instruments register.
Conclusion on amendment history
The Act itself is transitional and minimal; the only built‑in amendment mechanism is the power to make regulations for further savings and transitional purposes (s 31). To obtain an accurate amendment history beyond what is in this text, consult statutory revision sources or the digital legislative register for Tasmanian Acts. The text supplied contains no explicit amendment chronology.
Litigation history
The Act as provided contains no citations to judicial decisions, and the text itself does not include or summarise litigation that has arisen from it. There are no cases named or referenced in the statutory text. Accordingly, this document records that there is no litigation history contained within the Act’s text.
Practical implications for practitioners
Because the Act is transitional and relies heavily on mapping pre‑existing instruments into the Principal Act, litigation risk typically arises from disputes over interpretation and application of the mapping clauses, rather than from the transitional Act creating novel rights or liabilities. Potential litigation flashpoints include:
Disputes about whether a particular pre‑commencement instrument was indeed "in force immediately before the commencement" and therefore preserved (relevant to ss 5-7, 12, 18).
Conflicts over the meaning of “similar salary level” in s 20(4)-(5) where employees return from secondment and the original position is abolished or declared vacant.
Whether a procedure or appeal that had commenced is to be concluded under the repealed Act or transferred to the Principal Act’s review mechanisms (s 15, s 25).
Challenges to whether a person was properly taken to have been appointed under the Principal Act for the remainder of the term of their appointment under the repealed Act (s 4, s 9).
No reported cases in the text
There are no reports or references to administrative or judicial decisions in the statute itself. If litigators wish to locate any authoritative judicial treatment of the savings clauses or disputes arising from this transition, they must search case law databases, tribunal decisions or administrative determinations post‑enactment.
Recommended research approach
Because the transitional Act defers much interpretive content to the Principal Act and to existing instruments, practitioners should identify any litigation concerning the Principal Act (for example, judicial review of Commissioner actions, tribunal decisions interpreting the Code of Conduct or appeals processes) and also search for disputes that arose specifically during the transition period, particularly those identified above. The transitional Act’s clauses that preserve pre‑commencement rights and map them into the Principal Act are the likely locus of contested interpretation; look for cases that interpret "is taken to have been made" or the scope of "taken to have been appointed" language.
In short, the statute as supplied contains no litigation history. Any jurisprudence relevant to interpreting the transitional clauses will be found in external case law databases and tribunal records.
Gotchas
The Act’s design is to preserve continuity, but that design creates practical and interpretive pitfalls. These "gotchas" are concrete operational or legal risks that practitioners and agency administrators should watch for.
Reliance on "in force immediately before commencement"
Many provisions only preserve matters that were "in force immediately before the commencement" of the Principal Act (for contracts s 5; determinations s 6; classification standards s 7; standing orders s 12; registers s 18; secondments s 20(1)-(3); suspensions s 21). If a document or arrangement lapsed, expired, or was not validly in force at that precise moment, the transitional protection may not apply. Agencies should therefore audit instruments and ensure proof of their in‑force status at the relevant cut‑off.
Imported definitions may change legal effect
Section 3(2) imports definitions from the Principal Act unless a contrary intention appears. That can alter the legal effect of preserved instruments if the Principal Act’s definition of a term diverges from the repealed Act’s concept. For instance, if "employee" or "officer" is defined differently in the Principal Act, that could change who falls within a preserved category. Practitioners should check definitional differences between the two Acts when applying the deeming provisions.
Ambiguity in "similar salary level"
Sections 20(4)-(5) require assignment of duties "at a similar salary level" where employees return from secondment or their original position is abolished. The term "similar" is open to dispute,does it mean exactly the same increment, classification point, pay band, or purchasing power? Absent more precise criteria, disputes could arise and may require tribunal or Commissioner clarification.
Mixed procedural regimes for appeals and reviews
The Act preserves appeals that were made under the repealed Act but not determined under a particular subsection (s 25(1)), while other pre‑commencement review applications are to be determined under the Principal Act (s 25(2)). This creates an uneven procedural landscape: some matters continue under the repealed Act, others migrate. Practically, parties must determine which regime applies to a given matter; misfiling or misidentifying the governing process could forfeit rights or delay resolution.
Potential mismatch between awards/instruments and Principal Act terms
Section 30(2)(a) preserves award and instrument terms but explicitly permits variation by agreement, tribunal decision or as otherwise prescribed in the Principal Act. Where an award or instrument is inconsistent with a Principal Act provision that later takes priority, that inconsistency may require renegotiation or tribunal intervention. Agencies should not assume permanence in preserved award terms.
Administrative centralisation and delegation ambiguity
Section 29(1) allows the Commissioner to perform functions or exercise powers that would have been performed by other named commissioners under the repealed Act. That centralisation simplifies administration but can blur lines of accountability. If dispute arises over who had authority at the decisive moment, the transitional provisions could be used as a basis for challenge.
Regulations can be retrospective
Section 31(2) permits regulations to take effect from the commencement of the Principal Act if the regulations so provide. Retrospective regulations can alter the legal landscape for matters already concluded in the interregnum. Agencies should monitor subordinate legislation to avoid being surprised by post‑hoc regulatory changes.
Treatment of positions as assignments of duties
Section 29(2) directs that references to positions in the repealed Act are to be read as references to an assignment of duties. This functionalisation can have unexpected effects where other legal texts or awards treat "position" differently, potentially affecting tenure, classification and rights tied to an office as distinct from duties.
Schedules are binding but narrow
Schedules 1 and 2 list specific classes and persons whose employment status is prescribed. If an individual or role is not listed but appears similar, there is a risk of incorrect classification. Agencies must check the Schedules carefully rather than relying on analogy.
Temporal cut‑offs for pending processes
For filling vacancies, the Act requires procedures "commenced but not concluded" before commencement to be concluded as if commenced under the Principal Act (s 15). Parties must verify whether a procedure was indeed "commenced" prior to the cut‑off; there may be disputes about whether informal or preparatory steps qualify.
Administration assigned temporarily to the Premier
Until an Administrative Arrangements order is made, administration of the Act is assigned to the Premier and the Department of Premier and Cabinet (s 32). This temporary assignment may create coordination risk if agencies need to liaise with different Ministers or departments for transitional approvals or guidance.
In short, the principal gotchas are timing (what existed at the precise commencement moment), interpretive shifts through imported definitions, ambiguous language like "similar salary level", and the potential for retrospective regulatory intervention. Each of these matters is concrete and traceable to the cited sections.
How to comply
This section gives a practical checklist and recommended actions for agencies, Heads of Agencies, the Commissioner, and HR/legal teams to operationalise compliance with the transitional Act. Compliance here means ensuring preserved rights are respected, in‑flight processes are concluded under the correct regime, and records and instruments are mapped into the Principal Act framework.
Audit and catalogue preserved instruments and statuses
Identify every contract, determination, classification standard, register, standing order, prescribed office, appointment and secondment that was in force immediately before the commencement of the Principal Act. Use the Act’s key mapping clauses (ss 4-7, 10-12, 16-18, 20) to document where each item is "taken to have been" reclassified. Keep documentary proof that instruments were in force at the precise commencement time.
Verify incumbents’ appointments and terms
For every Commissioner, Head of Agency, officer and employee listed or affected by ss 4, 9, 11, 13 and s 30, prepare a dossier containing the instrument of appointment, term, and any applicable award or agreement. For those taken to be appointed under the Principal Act, confirm the remaining term and whether terms and conditions are preserved (s 30(2)(a)-(c); s 13). Note any cases where agreement, a tribunal decision or Principal Act provisions may allow variation.
Map in‑flight procedures and appeals
For any filling of vacancies that commenced but were not concluded before commencement, confirm they are concluded as if commenced under the Principal Act (s 15). For appeals and reviews, categorise matters: appeals made under s 66 of the repealed Act but not determined under the specified subsection must be dealt with under the repealed Act (s 25(1)). Other pre‑commencement State Service action reviews are to be determined under s 51 of the Principal Act (s 25(2)), except where they were the subject of appeal under the repealed Act (s 25(3)). Keep a clear register of dates to determine which procedural rule governs each matter.
Manage secondments and reassignments
Review every secondment in effect at commencement. Treat arrangements under ss 43 and 44 of the repealed Act as arrangements under ss 41(2) and 46 of the Principal Act respectively (s 20(1)-(3)). For employees entitled to recommence duties, ensure assignment at a similar salary level to the position held immediately before commencement (s 20(4)-(5)). Document the salary comparison methodology employed to reduce disputes over "similar salary level".
Deal with suspensions and disciplinary matters
For suspensions in force at commencement, record that they are taken to be suspensions under regulations referred to in s 43 of the Principal Act (s 21). For disciplinary notices served before commencement, identify which matters must continue under the repealed Act (s 24(1)-(2)). For alleged pre‑commencement offences, treat them as Code of Conduct breaches under the Principal Act (s 24(3)), and follow s 10 of the Principal Act. Ensure investigation files clearly document dates and the applicable regime.
Preserve registers and determinations
For registers kept under s 38(5) of the repealed Act, ensure they are treated as registers made under Commissioner determinations under s 39(1) of the Principal Act (s 18). Keep preserved determinations and classify them per the mappings in s 6 and s 7.
Confirm employee statuses per Schedules
For persons listed in Schedules 1 and 2, confirm employment status (for example, fixed‑term, officer, permanent) as specified in Schedule 2 (s 30 and Schedule 2). Identify any employees falling within Schedule 1 classes for conversion to permanent status (s 17 and Schedule 1). Ensure payroll, leave and classification systems reflect the preserved employment status and any retained accrued rights (s 30(2)(b)).
Gazette notices, holidays and permissions
For any notice required to be published in the Gazette under the repealed Act but not published before commencement, notify as required under s 52 of the Principal Act (s 26). For any Governor action taken before commencement that has effect after commencement in relation to holidays, treat it as ministerial action under s 53(3) of the Principal Act (s 27). For permissions to undertake outside activities granted under s 79(3) of the repealed Act, record that they continue until varied or revoked by the current Head of Agency (s 28).
Prepare for regulatory change
Monitor for regulations made under s 31; these regulations may contain further savings or transitional provisions and can take effect from commencement (s 31(2)). Ensure legal teams are subscribed to the legislation register for immediate notification of any subordinate legislation.
Records, evidence and documentation
Maintain a central transitional file for each employee or instrument documenting the pre‑commencement status, the provision of the repealed Act under which it existed, the corresponding Principal Act provision that now applies (as specified in the transitional Act), and any tribunal decisions or agreements affecting it. This will help resolve disputes about whether an instrument was "in force" and the applicable legal regime.
Governance and accountability
Note that until an Administrative Arrangements order is made, the Premier and the Department of Premier and Cabinet administer the Act (s 32). Identify the immediate point of contact in the Premier’s Department for transitional queries and ensure escalation pathways to the Commissioner and Heads of Agencies are clear.
Communication and training
Train HR, payroll, industrial relations and legal teams on the specific mappings in the transitional Act,particularly ss 13, 17, 20, 22, 24 and 30,and on the Schedules. Communicate to affected employees the preservation of their status, accrued rights and any likely step changes (for example, where tribunal decisions could alter preserved terms).
Contingency for disputes
Prepare an internal escalation protocol for disputes about interpretation of "similar salary level", preservation of an instrument, or whether a matter is governed by the repealed Act or the Principal Act. Consider early referral pathways to the Commissioner where s 29(1) permits centralised decision making.
Following this checklist will align agency practice with the Act’s provisions and reduce litigation or administrative confusion. Record retention, precise timestamping of instruments and a clear chain of mapping from repealed Act clauses to Principal Act equivalents are the single most important compliance measures.
Any classification standards and procedures developed under section 18(1)(c) of the repealed Act and in force immediately before the commencement of the Principal Act are taken to have been developed under section 18(1)(k) of the Principal Act.
8 Government departments
8 Government departments
The Government departments established under the repealed Act and in existence immediately before the commencement of the Principal Act are taken to have been established as Government departments under the Principal Act.
9 Heads of Agencies
9 Heads of Agencies
(1) A person who, immediately before the commencement of the Principal Act, holds office corresponding in title to the office specified in column 2 of Division 1 of Part 1 of Schedule 1 to the Principal Act is taken to have been appointed to that office under section 31 of the Principal Act subject to the terms and conditions of his or her instrument of appointment.
(2) All acts, matters and things done or omitted before the commencement of the Principal Act by or in relation to a Head of Agency appointed under the repealed Act have, on and after that commencement, the same force and effect as if they had been done or omitted by or in relation to the appropriate Head of Agency specified in column 2 of Division 1 of Part 1 of Schedule 1 to the Principal Act.
10 Prescribed offices
10 Prescribed offices
(1) An office prescribed under section 29 of the repealed Act and in existence immediately before the commencement of the Principal Act is taken to have been prescribed under the Principal Act.
(2) A person who, immediately before the commencement of the Principal Act, holds an office referred to in subsection (1) is taken to have been appointed to that office under section 31 of the Principal Act subject to the terms and conditions of his or her instrument of appointment.
11 Senior executives
11 Senior executives
A position determined by the Commissioner to be of a senior executive or equivalent specialist nature under section 38(1A) of the repealed Act and in existence immediately before the commencement of the Principal Act is taken to be an office created by the Premier under section 29(4) of the Principal Act.
12 Standing orders
12 Standing orders
Any standing orders made under section 33(6) of the repealed Act and in existence immediately before the commencement of the Principal Act are taken to have been made under section 34(3) of the Principal Act.
13 Employees
13 Employees
A person who was appointed or promoted under section 34 of the repealed Act as a permanent employee and who held office as a permanent employee immediately before the commencement of the Principal Act is taken to have been appointed or promoted as a permanent employee under section 37 of the Principal Act on the same terms and conditions of employment as those which applied to the employee immediately before that commencement.
14 Duties of employees
14 Duties of employees
An assignment of functions to an employee or a position under section 33(1)(c) of the repealed Act and in existence immediately before the commencement of the Principal Act is taken to be an assignment of duties to an employee in accordance with section 34(1)(e) of the Principal Act.
15 Procedures for filling vacancies
15 Procedures for filling vacancies
Any procedures in relation to the filling of a vacant position under the repealed Act commenced but not concluded before the commencement of the Principal Act are to be concluded as if they had been commenced under the Principal Act in relation to an appointment or promotion under the Principal Act.
16 Determinations under section 37(1) of the repealed Act
16 Determinations under section 37(1) of the repealed Act
A determination made under section 37(1) of the repealed Act and in force immediately before the commencement of the Principal Act is taken to have been made under section 37(5) of the Principal Act.
17 Persons employed under section 38 of the repealed Act
17 Persons employed under section 38 of the repealed Act
(1) A person, other than a person to whom subsection (2) applies, employed under section 38(1)(a) of the repealed Act immediately before the commencement of the Principal Act is taken to have been appointed as a fixed-term employee under the Principal Act subject to the terms and conditions of his or her appointment under section 38(1)(a) of the repealed Act.
(2) A person employed under section 38(1)(a) of the repealed Act immediately before the commencement of the Principal Act and who is a person, or a member of a class of persons, specified in Schedule 1 is, subject to subsection (3) , taken to have been appointed as a permanent employee under the Principal Act.
(3) A person specified in Schedule 1 who is employed for a fixed term is taken to have been appointed under section 37(3)(b) of the Principal Act subject to the terms and conditions of his or her appointment under section 38(1)(a) of the repealed Act.
(4) A person employed under section 38(1)(b) of the repealed Act immediately before the commencement of the Principal Act is taken to have been appointed as an officer under the Principal Act subject to the terms and conditions of his or her instrument of appointment under section 38(1)(b) of the repealed Act.
18 Registers
18 Registers
A register kept under section 38(5) of the repealed Act and in existence immediately before the commencement of the Principal Act is taken to be a register made as a result of a determination of the Commissioner pursuant to section 39(1) of the Principal Act.
19 Election to be reappointed as employee
19 Election to be reappointed as employee
A person who, under section 29(13) of the repealed Act, or an employee who, under section 38(8) of the repealed Act, is entitled to elect to be reappointed as a permanent employee is taken to be entitled to elect to be reappointed as a permanent employee under section 38(4) of the Principal Act.
20 Secondments
20 Secondments
(1) An arrangement entered into under section 43 of the repealed Act and in force immediately before the commencement of the Principal Act is taken to be an agreement entered into under section 41(2) of the Principal Act.
(2) An agreement or arrangement entered into under section 44(1)(a) of the repealed Act and in force immediately before the commencement of the Principal Act is taken to be an arrangement entered into under section 46(1)(a) of the Principal Act.
(3) An agreement or arrangement entered into under section 44(2) of the repealed Act and in force immediately before the commencement of the Principal Act is taken to be an arrangement entered into under section 46(1)(b) of the Principal Act.
(4) Where an employee is entitled under section 45(2) of the repealed Act to recommence duties in a position on completion of a period of secondment, the employee is entitled to be assigned duties under the Principal Act at a similar salary level to the duties undertaken in that position immediately before the commencement of the Principal Act.
(5) Upon the cessation of an agreement or arrangement under section 43(1) or 44(2) of the repealed Act in respect of an employee, if the position held by the employee, immediately before the agreement or arrangement was entered into, has been declared vacant or abolished under section 45(1)(a) or (b) of the repealed Act, the Head of Agency is to assign duties under the Principal Act to the employee at a similar salary level to the position held by the employee immediately before the agreement or arrangement was entered into.
21 Suspension
21 Suspension
A suspension of an employee imposed under Part 8 or 9 of the repealed Act and in force at the commencement of the Principal Act is taken to be a suspension imposed pursuant to regulations referred to in section 43 of the Principal Act.
22 Employees declared to be surplus
22 Employees declared to be surplus
An employee who has been declared to be surplus to the requirements of an Agency in accordance with section 47 of the repealed Act is taken to have been accepted by the Commissioner as being available for redeployment in accordance with section 47 of the Principal Act from the date the employee was declared to be surplus under the repealed Act.
23 Inability to discharge duties
23 Inability to discharge duties
(1) Where the Commissioner for Public Employment has accepted a recommendation made under section 52(1) of the repealed Act, the subject matter of that recommendation is to be dealt with in accordance with the provisions of the repealed Act.
(2) If a determination of whether an employee is able to efficiently and effectively perform the duties assigned to the employee is to be undertaken in accordance with section 48 of the Principal Act, the determination may take into account the performance of those duties by the employee in the State Service before the commencement of the Principal Act.
24 Discipline and conduct
24 Discipline and conduct
(1) Where, before the commencement of the Principal Act, a Head of Agency has served notice on an employee in accordance with section 55(1) of the repealed Act, the subject matter of that notice is to be dealt with in accordance with the provisions of the repealed Act.
(2) Where the Minister administering the repealed Act has taken action in accordance with section 58(3) , (4) or (6) of the repealed Act, the subject matter of that action is to be dealt with under the provisions of the repealed Act.
(3) If, after the commencement of the Principal Act, a Head of Agency has reason to believe that a permanent employee employed in that Agency committed an offence under section 54 of the repealed Act before the commencement of the Principal Act, the alleged offence is to be taken as an alleged breach of the Code of Conduct referred to in section 9 of the Principal Act and is to be dealt with in accordance with section 10 of the Principal Act.
25 Appeals
25 Appeals
(1) Where, before the commencement of the Principal Act, an appeal was made in accordance with section 66 of the repealed Act but has not been determined under section 68(17) of the repealed Act, that appeal is to be dealt with in accordance with the provisions of the repealed Act.
(2) If an employee makes application to the Commissioner for a review of a State Service action that occurred before the commencement of the Principal Act, that review is to be determined in accordance with section 51 of the Principal Act.
(3) Subsection (2) does not apply if the State Service action referred to in that subsection was the subject matter of an appeal to the Commissioner for Review under section 66 of the repealed Act.
26 Notices
26 Notices
Any notice required to be published in the Gazette under section 74 of the repealed Act but not so published before the commencement of the Principal Act is to be notified under section 52 of the Principal Act.
27 Holidays
27 Holidays
Any action taken by the Governor in accordance with section 75(3) of the repealed Act that has effect after the commencement of the Principal Act is taken to be action tak
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