PUBLIC SECTOR MANAGEMENT AMENDMENT BILL 2004

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Note 1 The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

Note 2 A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).

Note 3 If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).

(1) This section applies if an agreement is in force between the Territory and Calvary Health Care ACT Limited for staff at Calvary Health Care ACT Limited (Public Division) to be employed under this Act.

(2) The chief executive officer, Calvary has all the powers of a chief executive in relation to the people employed in the branch of the service that provides services required to enable Calvary Health Care ACT Limited (Public Division) to exercise its public hospital functions as if those people were employed in an administrative unit under the chief executive officer’s control.

(3) For the administration of the service in relation to the branch mentioned in subsection (2), a reference in this Act to an administrative unit includes a reference to that branch.

chief executive officer, Calvary means the person engaged to exercise the functions of the position of chief executive officer (however described) of Calvary Health Care ACT Limited (Public Division) under the rules of Calvary Health Care ACT Limited.

(1) A contract under section 28 may be varied at any time by a written agreement between the parties.

Note If a person engaged by a contract under s 28 is transferred or assigned under s 33A, the person’s contract is taken to be varied by the transfer or assignment (see s 33A (4)).

(2) However, a variation of a contract under section 28 that would do either or both of the following is void:

(a) extend the period of employment under the contract to longer than 5 years and 3 months;

(b) increase the rate at which remuneration or an allowance is payable to the person employed otherwise than in accordance with the management standards.

(3) Also, a contract under section 28 may be varied to extend the period of employment under the contract to longer than 5 years only if the contract as varied requires the person employed to be on leave for the period of employment that exceeds 5 years.

(4) This section applies in relation to a contract under section 28 whether the contract was entered into before or after the day this section commences.

Note This section was inserted by the Public Sector Management Amendment Act 2004, s 7.

(5) Subsection (4) and this subsection expire 1 year after the day this section commences.

(1) This section applies in relation to a person engaged by a contract under section 28 (Chief executives—engagement) if the Chief Minister does not intend to re-engage the person under that section to exercise the functions of the same office of chief executive or another office of chief executive.

(2) Three months or more before the day the contract ends, the Chief Minister may give the person written notice that the person will not be re-engaged.

(3) An amount equal to 1/4 of the person’s final annual salary is payable to the person by the Territory if, when the person’s contract ends—

Note Section 248B provides that the Territory or a Territory instrumentality must not, without the commissioner’s written consent, employ a person who has received, or to whom is payable, an amount mentioned in s 28D (3) within the 3-month period immediately after the day the contract ends.

(4) The amount must be paid within 3 months after the day the contract ends.

final annual salary, for a person engaged by a contract under section 28, means the person’s annual remuneration under the contract as at the day the contract ends, but does not include cash payments (for example, cash payments in lieu of employer-provided benefits).

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(a) whether the contract was entered into before or after the day this section commences (the commencement day); but

(b) only if the contract ends later than 3 months after the commencement day.

Note This section was inserted by the Public Sector Management Amendment Act 2004, s 8.

(7) Subsection (6) and this subsection expire 1 year after the commencement day.

(1) A person exercising the functions of an office of chief executive must, in relation to each administrative unit under the person’s control—

(a) be responsible, under the relevant Minister, for its administration and business; and

(2) The Chief Minister may assign a chief executive to special duties on behalf of the Territory.

(4) The period mentioned in subsection (3) (b) must not be longer than 2 years.

(1) A contract under section 30 may be varied at any time by a written agreement between the parties.

(2) However, a variation of a contract under section 30 that extends the period of employment under the contract to longer than 2 years is void.

(3) This section applies in relation to a contract under section 30 whether the contract was entered into before or after the day this section commences.

Note This section was inserted by the Public Sector Management Amendment Act 2004, s 13.

(4) Subsection (3) and this subsection expire 1 year after the day this section commences.

(1) A contract under section 28 (Chief executives—engagement) or section 30 (Chief executives—temporary contracts), or a variation of a contract under section 28AA (Chief executives—contract variation) or section 30A (Chief executives—variation of temporary contracts), must be signed on the Territory’s behalf by the Chief Minister.

(1) The Chief Minister may, in writing, for a person engaged by a contract under section 28 (Chief executives—engagement)—

(a) transfer the person from the office of chief executive under the contract to—

(ii) any other office (including an executive office) in an administrative unit; or

(b) assign the person to exercise other stated functions in the public sector.

(2) The Chief Minister may transfer or assign the person only if the Chief Minister has—

(a) given the person an opportunity to state his or her views about the transfer or assignment; and

(3) A transfer under subsection (1) (a) (i) may be made only to an office that has the same classification as, or a lower classification than, the office from which the person was transferred.

(5) The transfer or assignment of a person under this section does not affect—

(a) the rate at which remuneration or an allowance is payable to the person under the contract; or

(c) the right to terminate the person’s employment if the contract provides for termination under section 28A (Early termination of contract).

(6) If a person engaged by a contract under section 28 is transferred to an office, or assigned to exercise stated functions, under this section, the person must exercise the functions of the office or exercise the stated functions.

(7) This section applies in relation to a person engaged by a contract under section 28 whether the contract was entered into before or after the day this section commences.

Note This section was inserted by the Public Sector Management Amendment Act 2004, s 16.

(8) Subsection (7) and this subsection expire 1 year after the day this section commences.

33B Chief executive transfers or assignments under s 33A not affected by defects etc

(1) A transfer, or anything done in relation to a transfer, is not invalid only because of a defect or irregularity in relation to the transfer.

transfer means a transfer or assignment of a person under section 33A.

The Chief Minister must notify in the Gazette each of the following within 28 days after the day each happens:

(a) the making of a contract under section 28 (Chief executives—engagement);

(d) the transfer or assignment of a person under section 33A (Chief executives—transfer or assignment).

(ba) an engagement by a contract under section 30 (Chief executives—temporary contracts) or section 76 (Executives—temporary contracts), if the period of engagement is 9 months or more; or

(1) A contract under section 72 may be varied at any time by a written agreement between the parties.

Note If a person engaged by a contract under s 72 is transferred or assigned under s 80A, the person’s contract is taken to be varied by the transfer or assignment (see s 80A (3)).

(2) However, a variation of a contract under section 72 that would do either or both of the following is void:

(a) extend the period of employment under the contract to longer than 5 years and 3 months;

(b) increase the rate at which remuneration or an allowance is payable to the person employed otherwise than in accordance with the management standards.

(3) Also, a contract under section 72 may be varied to extend the period of employment under the contract to longer than 5 years only if the contract as varied requires the person employed to be on leave for the period of employment that exceeds 5 years.

(4) This section applies in relation to a contract under section 72 whether the contract was entered into before or after the day this section commences.

Note This section was inserted by the Public Sector Management Amendment Act 2004, s 22.

(5) Subsection (4) and this subsection expire 1 year after the day this section commences.

(1) This section applies in relation to a person engaged by a contract under section 72 (Executives—engagement) if the relevant chief executive for the person does not intend to re-engage the person under that section.

(2) Three months or more before the day the contract ends, the relevant chief executive may give the person written notice that the person will not be re-engaged.

(3) An amount equal to 1/4 of the person’s final annual salary is payable to the person by the Territory if, when the person’s contract ends—

(a) the relevant chief executive has not given a notice under subsection (2); and

Note Section 248B provides that the Territory or a Territory instrumentality must not, without the commissioner’s written consent, employ a person who has received, or to whom is payable, an amount mentioned in s 75A (3) within the 3-month period immediately after the day the contract ends.

(4) The amount must be paid within 3 months after the day the contract ends.

final annual salary, for a person engaged by a contract under section 72, means the person’s annual remuneration under the contract as at the day the contract ends, but does not include cash payments (for example, cash payments in lieu of employer-provided benefits).

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(a) whether the contract was entered into before or after the day this section commences (the commencement day); but

(b) only if the contract ends later than 3 months after the commencement day.

Note This section was inserted by the Public Sector Management Amendment Act 2004, s 23.

(7) Subsection (6) and this subsection expire 1 year after the commencement day.

(4) The period mentioned in subsection (3) (b) must not be longer than 2 years.

(1) A contract under section 76 may be varied at any time by a written agreement between the parties.

(2) However, a variation of a contract under section 76 that extends the period of employment under the contract to longer than 2 years is void.

(3) This section applies in relation to a contract under section 76 whether the contract was entered into before or after the day this section commences.

Note This section was inserted by the Public Sector Management Amendment Act 2004, s 27.

(4) Subsection (3) and this subsection expire 1 year after the day this section commences.

(1) A person may be engaged under section 72 (Executives—engagement) or section 76 to exercise the functions of the position of chief executive officer, Calvary only if Calvary Health Care ACT Limited has agreed to the engagement in writing.

(2) A contract under section 72 or section 76 by which a person is engaged to exercise the functions of the position of chief executive officer, Calvary may be varied only if Calvary Health Care ACT Limited has agreed to the variation in writing.

chief executive officer, Calvary—see section 26 (4) (Powers relating to certain Calvary Health Care staff).

(1) The relevant chief executive may, in writing, for a person engaged by a contract under section 72 (Executives—engagement)—

(a) transfer the person from the executive office under the contract to another executive office that has the same classification; or

(b) assign the person to exercise other stated functions in the public sector.

(2) The relevant chief executive may transfer or assign the person only if the relevant chief executive has—

(a) if it is proposed to transfer the person to an executive office in another administrative unit—consulted the chief executive of the other administrative unit; and

(b) given the person an opportunity to state his or her views about the transfer or assignment; and

(4) The transfer or assignment of a person under this section does not affect—

(a) the rate at which remuneration or an allowance is payable to the person under the contract; or

(c) the right to terminate the person’s employment if the contract provides for termination under section 73 (Early termination of contract).

(5) If a person engaged by a contract under section 72 is transferred to another executive office, or assigned to exercise stated functions, under this section, the person must exercise the functions of the executive office or exercise the stated functions.

(6) This section applies in relation to a person engaged by a contract under section 72 whether the contract was entered into before or after the day this section commences.

Note This section was inserted by the Public Sector Management Amendment Act 2004, s 30.

(7) Subsection (6) and this subsection expire 1 year after the day this section commences.

80B Executive transfers or assignments under s 80A not affected by defects etc

(1) A transfer, or anything done in relation to a transfer, is not invalid only because of a defect or irregularity in relation to the transfer.

transfer means a transfer or assignment of a person under section 80A.

The administering chief executive must notify in the Gazette each of the following within 28 days after the day each happens:

(d) the transfer or assignment of a person under section 80A (Executives—transfer or assignment).

248B Engagement of certain former chief executives and executives prohibited

(a) was engaged by a contract under section 28 (Chief executives—engagement) and has received, or to whom is payable, an amount mentioned in section 28D (3) (Notice or payment if chief executive not re-engaged) in relation to the contract; or

(b) was engaged by a contract under section 72 (Executives—engagement) and has received, or to whom is payable, an amount mentioned in section 75A (3) (Notice or payment if executive not re-engaged) in relation to the contract.

(2) The Territory or a Territory instrumentality must not, without the commissioner’s written consent, employ the person within the 3-month period after the day the contract ends.

For the latest republication of amended laws, see www.legislation.act.gov.au.

Australian Capital Territory Bills

PUBLIC SECTOR MANAGEMENT AMENDMENT BILL 2004