Schedule 2 Decisions to which s 13 does not apply
(see s 13 (13))
2.1 Administration of criminal justice
A decision relating to the administration of criminal justice and, in particular—
(a) a decision in relation to the investigation or prosecution of a person for an offence against a law in force in the ACT; and
(b) a decision in relation to the appointment of an investigator or inspector for the purposes of such an investigation; and
(c) a decision in relation to the issue of a search warrant under a law in force in the ACT; and
(d) a decision under a law in force in the ACT requiring the production of a document, the giving of information or the issue of a subpoena or summons to a person as a witness.
A decision relating to the bringing or conduct of a civil proceeding, including a decision relating to, or that may result, in the bringing of a civil proceeding for the recovery of a financial penalty arising from a contravention of an enactment and, in particular—
(a) a decision in relation to the investigation of a person for such a contravention; and
(b) a decision in relation to the appointment of an investigator or inspector for the purposes of such an investigation; and
(c) a decision in relation to the issue of a search warrant under an enactment; and
(d) a decision under an enactment requiring the production of a document, the giving of information or the issue of a subpoena or summons to a person as a witness.
2.3 Decisions relating to territory finance
The following decisions:
(a) a decision authorised by an Act to issue an amount out of the public money of the Territory;
(b) a decision of the Treasurer under the Financial Management Act 1996
—
(i) section 7A (Temporary advance for new purpose or new entity); or
(ii) section 18 (Treasurer's advance); or
(iii) section 18B (Treasurer's advance—reduction of amounts); or
(iv) section 18E (Capital works reserve—authorising payments from reserve); or
(v) section 18F (Capital works reserve—reducing partially unused payments);
(c) a decision in relation to the enforcement of a judgment or order for the recovery of an amount by—
(i) the Territory; or
(ii) a public servant in an official capacity;
2.4 Decisions relating to administration of the public service
A decision relating to—
(a) personnel management (including recruitment, training, promotion and organisation) in relation to the public service, other than a decision relating to, and having regard to the particular characteristics of, or other circumstances relating to, a particular person; or
(b) the promotion, transfer, temporary performance of duties, of or by an individual officer of the public service; or
(c) the making of an appointment to the public service; or
(d) the engagement of a person as an employee under the Public Sector Management Act 1994
; or
(e) the prevention or settlement of an industrial dispute, or otherwise relating to industrial matters, in relation to the public service; or
(f) the appointment, or ending of the appointment, of a director-general under the Public Sector Management Act 1994
.
2.5 Certain other appointment decisions
A decision relating to—
(a) the making of an appointment under an enactment or to an office established under an enactment; or
(b) the appointment, or the ending of the appointment, of the public sector standards commissioner or the head of service; or
(c) the employment, or the ending of employment, of staff under the Legislative Assembly (Members' Staff) Act 1989
.
2.6 Certain decisions under the Crimes (Sentence Administration) Act
A decision by the director-general under any of the following provisions of the Crimes (Sentence Administration) Act 2005
:
• section 25 (Full-time detention—director-general directions)
• section 28 (Work and activities by full-time detainee)
• section 46 (Intensive correction orders—community service work—director-general directions)
• section 87 (Good behaviour—director-general directions)
• section 91 (Community service work—director-general directions)
• section 92 (Community service work—failure to report etc)
• section 100 (Rehabilitation programs—director-general directions)
• section 138 (Parole—director-general directions)
• section 302 (Release on licence—director-general directions)
• section 321 (Director-general directions—general).
A decision of the ACAT.