Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(see s 5)
Part 1.1 Annual Reports (Government Agencies) Act 2004
substitute
7C Meaning of territory entity
(1) In this Act:
"territory entity" means—
(a) a territory-owned corporation; or
(b) a territory instrumentality; or
(c) a body established under an Act declared by the Minister.
(2) A declaration is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act
.
7D Territory entity annual report
A territory entity must, for a reporting year, prepare a report about the operation of the entity during the reporting year (a territory entity annual report ).
Explanatory note
Amendments under the Public Sector Management Amendment Act 2016
inadvertently removed annual reporting requirements on territory instrumentalities and certain declared bodies. This amendment reinstates the reporting requirement.
insert
(h) for a territory entity annual report—the report to include a statement describing the measures taken by the entity during the reporting year to respect, protect and promote human rights.
Explanatory note
This amendment is consequential on the reinstatement of annual reporting requirements on territory instrumentalities and certain declared bodies by another amendment.
substitute
11 Responsible Minister for public sector body annual report
The responsible Minister for a public sector body annual report is the Minister allocated responsibility for the Act under which the body is established under the administrative arrangements under the Public Sector Management Act 1994
.
Explanatory note
This amendment removes a superfluous distinction between public sector bodies established or not established under an Act. A public sector body, as defined under the Legislation Act
and Public Sector Management Act 1994
, can only be a body established under an Act.
substitute
12 Responsible Minister for territory entity annual report
Explanatory note
This amendment is consequential on the reinstatement of annual reporting requirements on territory instrumentalities and certain declared bodies by another amendment.
substitute
(1) The Chief Minister must declare that a Minister is the responsible Minister for a territory entity annual report.
Explanatory note
This amendment is consequential on the reinstatement of annual reporting requirements on territory instrumentalities and certain declared bodies by another amendment.
insert
(3) If a territory entity is required under any other territory law to prepare a report on the operation of the entity, the entity may prepare a report that complies with both this Act and the other law.
Explanatory note
This amendment is consequential on the reinstatement of annual reporting requirements on territory instrumentalities and certain declared bodies by another amendment.
omit
• Territory owned corporation
Explanatory note
Dictionary, note 2 lists examples of terms used in the Act that are defined in the Legislation Act
, dictionary, part 1. This amendment omits a term that is not defined in the Legislation Act
, dictionary, part 1.
insert
• territory instrumentality
• territory-owned corporation
Explanatory note
This amendment is consequential on the reinstatement of annual reporting requirements on territory instrumentalities and certain declared bodies by another amendment.
[1.9] Dictionary, definition of annual report , paragraph (f)
omit
territory-owned corporation
substitute
territory entity
Explanatory note
This amendment is consequential on the reinstatement of annual reporting requirements on territory instrumentalities and certain declared bodies by another amendment.
[1.10] Dictionary, definition of responsible Minister , paragraph (d)
omit
territory-owned corporation
substitute
territory entity
Explanatory note
This amendment is consequential on the reinstatement of annual reporting requirements on territory instrumentalities and certain declared bodies by another amendment.
[1.11] Dictionary, new definitions
insert
"territory entity"—see section 7C.
"territory entity annual report"—see section 7D.
Explanatory note
This amendment is consequential on the reinstatement of annual reporting requirements on territory instrumentalities and certain declared bodies by another amendment.
[1.12] Dictionary, definition of territory-owned corporation annual report
omit
Explanatory note
This amendment is consequential on the reinstatement of annual reporting requirements on territory instrumentalities and certain declared bodies by another amendment.
Part 1.2 Financial Management Act 1996
[1.13] Sections 22 (2) and 23 (2) (b) (ii) etc
omit
generally accepted accounting principles
substitute
accounting standards
in
• sections 22 (2) and 23 (2) (b) (ii)
• section 27 (2)
• section 31 (4) (d)
• sections 55 (4) (f) and 56 (4) (f)
• section 63 (2)
Explanatory note
This amendment replaces references to ‘generally accepted accounting principles' with ‘accounting standards'. A definition of accounting standards is included in the dictionary by another amendment. The term ‘generally accepted accounting principles' is potentially unclear whereas ‘accounting standards' is used in equivalent legislation in the Commonwealth and other jurisdictions and is consistent with the original intentions of the language in the Act.
[1.14] Dictionary, new definition of accounting standards
insert
"accounting standards "means the accounting standards issued by the Australian Accounting Standards Board, as in force or applicable from time to time.
Note Accounting standards are accessible at www.aasb.gov.au
.
Explanatory note
This amendment inserts a definition of accounting standards as a consequence of another amendment that replaces references to ‘generally accepted accounting principles' with ‘accounting standards'. The definition is based on the definition of that term in the Public Governance, Performance and Accountability Act 2013
(Cwlth), section 8 and is generally consistent with the definition of that term in equivalent legislation in other jurisdictions.
[1.15] Dictionary, definition of generally accepted accounting principles
omit
Explanatory note
This amendment omits a definition that is no longer needed as a consequence of the replacement of ‘generally accepted accounting principles' with ‘accounting standards' by another amendment.
Part 1.3 Lifetime Care and Support (Catastrophic Injuries) Act 2014
[1.16] New section 94 (1) (fa)
insert
(fa) the nominal defendant;
Explanatory note
Section 94 (1) lists the entities with whom the LTCS commissioner may exchange information about the treatment and care needs of a participant in the LTCS scheme. This amendment includes the nominal defendant in the list. The nominal defendant deals with CTP claims in which the person at fault in a motor accident is uninsured or not identified, or if an unregistered vehicle permit is in force for the motor vehicle involved in the motor accident. Under the LTCS Act
, section 16, both the nominal defendant and a licensed insurer may lodge an LTCS application for an injured person. If the nominal defendant lodges an LTCS application for an injured person and that person is accepted as a participant in the LTCS scheme, the LTCS commissioner will need to exchange information about the participant's treatment and care needs with the nominal defendant in the same way that the LTCS commissioner currently exchanges information with a licensed insurer who lodged an LTCS application for a participant.
Although the LTCS commissioner may, under section 94 (1) (g), approve the nominal defendant as a person with whom information may be exchanged, including the nominal defendant in the list in section 94 (1) will provide clarity and transparency for all parties who may be involved in an application under the LTCS Act.
insert
• nominal defendant
Explanatory note
This amendment is consequential on the inclusion of a reference to the nominal defendant in section 94 (1) by another amendment.
[1.18] Dictionary, definition of LTCS scheme
substitute
"LTCS scheme "means the scheme provided for by this Act for the lifetime care and support of people who have suffered a catastrophic injury—
(a) in a motor accident; or
(b) arising out of, or in the course of, their employment.
Explanatory note
This amendment is consequential on an amendment of section 7 (Purpose of Act) by the Lifetime Care and Support (Catastrophic Injuries) Amendment Act 2016
to extend the indemnity scheme provided by the Act to people who have suffered a catastrophic injury arising out of, or in the course of, their employment.
Part 1.4 Public Sector Management Act 1994
insert
65A Reclassification of office—returning LAMS officer
(1) A returning LAMS officer may apply, in writing, to the head of service for a review of the officer's original classification and salary.
(2) An application may be made not later than 30 days, or any longer period approved by the head of service, after the returning LAMS officer returns to work in the service.
(3) On receiving an application, the head of service must establish a committee made up of—
(a) 1 person nominated by the head of service; and
(b) 1 person nominated by the commissioner; and
(c) an independent officer.
(4) The committee must consider the returning LAMS officer's application and make a recommendation about the officer's classification and salary.
(5) The head of service may prescribe procedures that a committee must follow in considering an application.
(6) The head of service must decide a classification and salary for the officer that is not less than the officer's original classification and salary, having regard to—
(a) the committee's recommendation; and
(b) the officer's employment immediately before being employed under the Legislative Assembly (Members' Staff) Act 1989
; and
(c) the length of the employment; and
(d) the functions exercised by the officer in the employment; and
(e) any other matter that the head of service considers relevant.
(7) The head of service must give the returning LAMS officer a copy of the decision.
(8) The head of service's decision has effect, or is taken to have had effect, when the officer returns to work in the service.
(9) In this section:
"independent officer", in relation to an application by a returning LAMS officer, means—
(a) if requested by the returning LAMS officer—a person nominated by a relevant union; or
(b) a person chosen in accordance with prescribed procedures.
"original classification", of a returning LAMS officer, means the classification of the office that the officer occupied immediately before being employed under the Legislative Assembly (Members' Staff) Act 1989
.
"original salary", of a returning LAMS officer, means the salary to which the officer was entitled immediately before being employed under the Legislative Assembly (Members' Staff) Act 1989
.
"returning LAMS officer" means an officer who—
(a) while an officer, was employed under the Legislative Assembly (Members' Staff) Act 1989
; and
(b) has returned, or will return, to work in the service.
Explanatory note
Under the Legislative Assembly (Members' Staff) Act 1989
, as in force immediately before the commencement of the Public Sector Management Amendment Act 2016
, a returning LAMS officer could ask for a determination of the officer's classification and salary on returning to the public service. This amendment allows a returning LAMS officer to ask for a determination of the officer's classification and salary on returning to the public service.
[1.20] Section 152 (4), definition of management provision
before paragraph (a), insert
(aa) part 4 (Engagement of senior executive service) to the extent that it applies to the engagement of an executive;
Explanatory note
Section 152 gives statutory office-holders and chief executive officers who employ staff under the Act certain management powers of the head of service under the Act. These employers were able to exercise the head of service's power to employ executives under the Act before amendments by the Public Sector Management Amendment Act 2016
. This amendment gives these employers the head of service's power to employ executives under the Act.
insert
Division 8.3 Calvary public hospital staff
157 Calvary public hospital staff
(1) This section applies if an agreement (a services agreement ) is in force between the Territory and Calvary Health Care ACT Limited ACN 105 304 989 ( Calvary ) for a person (a public hospital employee ) to be employed by Calvary under this Act to provide public health services to the Territory.
(2) A management provision under this Act applies to an employer of a public hospital employee as if—
(a) a reference to the head of service is taken to be a reference to the employer, to the extent that the application of the management provision is consistent with the exercise of the employer's functions; and
(b) a reference to an officer is taken to be a reference to a public hospital employee who is employed on a permanent basis; and
(c) a reference to an employee is taken to be a reference to a public hospital employee who is employed on a temporary basis; and
(d) a reference to an office is a reference to the public hospital employee's terms of employment; and
(e) for division 3.2 (Management of the service)—a reference to a function the head of service must exercise is a reference to a function that an employer of a public hospital employee may exercise; and
(f) any other necessary change is made.
(3) An employer of a public hospital employee—
(a) must give the head of service any information about the employee that is requested by the head of service because the information is relevant to the exercise of the head of service's functions; and
(b) may exercise a function under an industrial instrument in relation to the employee, as if the employer were the head of service; and
(c) unless otherwise stated in a territory law—may delegate a function given to the employer under this section to the following:
(i) a public hospital employee;
(ii) an officer or employee;
(iii) the head of service.
(4) To avoid any doubt, this section applies only to the management of a public hospital employee and does not affect any other matter dealt with by a services agreement.
(5) In this section:
"management provision"—see section 152 (4).
Explanatory note
Under the Act, as in force immediately before the commencement of the Public Sector Management Amendment Act 2016
, Calvary Health Care ACT Limited was
able to exercise certain powers of the head of service in relation to staff
employed under the Act to work in the Calvary public hospital. This amendment
gives Calvary Health Care ACT Limited certain management powers of the head of
service under the Act in relation to
public hospital staff.