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This is a Bill, not an Act. For current law, see the Acts databases.


PUBLIC SECTOR MANAGEMENT (TRANSITIONAL ENTITLEMENT) AMENDMENT BILL 2003

[BIL191-A.HAA]

House of Assembly No. 174

[As laid on the table and read for the first time, 15 July 2003]

South Australia

[Prepared by the Parliamentary Counsel]

PUBLIC SECTOR MANAGEMENT (TRANSITIONAL ENTITLEMENT) AMENDMENT BILL 2003

A Bill For

An Act to amend the Public Sector Management Act 1995.

[OPC-45]


Contents

Part 1—Preliminary

1.Short title

2.Amendment provisions

Part 2—Amendment of Public Sector Management Act 1995

3.Amendment of schedule 4—Repeal and Transitional Provisions

16.Remuneration of former chief executive officer


The Parliament of South Australia enacts as follows:


Part 1—Preliminary

Short title

1. This Act may be cited as the Public Sector Management (Transitional Entitlement) Amendment Act 2003.

Amendment provisions

2. In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Public Sector Management Act 1995

Amendment of schedule 4—Repeal and Transitional Provisions

3. Schedule 4—after clause 15 insert:

Remuneration of former chief executive officer

16. (1) This clause applies to a person who—

(a)held office as a Permanent Head of a department under the Public Service Act 1967 immediately before the commencement of the Government Management and Employment Act 1985; and

(b)ceased to be a Chief Executive Officer under the Government Management and Employment Act 1985 otherwise than through—

(i)resignation; or

(ii)voluntary retirement; or

(iii)retirement or transfer pursuant to section 60 of that Act; or

(iv)dismissal or transfer pursuant to section 71 of that Act; and

(c)after ceasing to be a Chief Executive Officer, continued as an employee in the Public Service until at least 30 June 2003.

(2) A person to whom this clause applies is entitled, and is to be taken always to have been entitled, for the period of the person's continuous employment in the Public Service after ceasing to be a Chief Executive Officer, to be remunerated only at the rate applying at the time the person ceased to occupy the position of Chief Executive Officer subject to subsequent relevant increases.


(3) In subclause (2)—

"relevant increases" means increases determined by the Commissioner to have applied generally from time to time to senior positions (within the meaning of the Government Management and Employment Act 1985) or executive positions, but does not include any increase given to employees when their appointments became subject to negotiated conditions under Division V of Part III of the Government Management and Employment Act 1985 or their conditions of employment became subject to contracts under Division 1 of Part 7 of this Act.

(4) This clause operates to the exclusion of any rights that may exist under clause 3(10) of schedule 1 of the Government Management and Employment Act 1985 or otherwise at law or in equity.

Printed under the authority of the Government Printer

 


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