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This is a Bill, not an Act. For current law, see the Acts databases.
PUBLIC SECTOR MANAGEMENT AMENDMENT BILL 2004
2004
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Chief Minister)
Public
Sector Management Amendment Bill 2004
Contents
Page
2004
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Chief Minister)
Public Sector
Management Amendment Bill 2004
A Bill for
An Act to amend the
Public Sector Management
Act 1994
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Public Sector Management Amendment Act
2004.
This Act commences on a day fixed by the Minister by written
notice.
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).
This Act amends the Public Sector Management Act 1994.
substitute
26 Powers relating to certain Calvary Health Care
staff
(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.
(4) In this section:
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.
substitute
28 Chief
executives—engagement
omit
after section 28, insert
28AA Chief executives—contract
variation
(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.
insert
28D Notice or payment if chief executive not
re-engaged
(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—
(a) the Chief Minister has not given a notice under subsection (2);
and
(b) the person has not accepted another position in the public sector;
and
(c) the person is not entitled to a redundancy payment (however described)
for not being re-engaged.
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.
(5) In this section:
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).
(6) This section applies in relation to a contract—
(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.
substitute
29 Chief
executives—responsibilities
(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
(b) advise that Minister on all matters relating to the unit;
and
(c) have regard to the interests of the government and the service as a
whole.
(2) The Chief Minister may assign a chief executive to special duties on
behalf of the Territory.
substitute
30 Chief executives—temporary
contracts
substitute
(4) The period mentioned in subsection (3) (b) must not be longer than 2
years.
12 Section
30 (10) to (12)
omit
insert
30A Chief executives—variation of temporary
contracts
(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.
14 Negotiation
and execution of contractsSection 31
(1)
substitute
(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.
substitute
32 Chief executive engagements not affected by
defects etc
16 New
sections 33A and 33B
insert
33A Chief executives—transfer or
assignment
(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—
(i) another office of chief executive; or
(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
(b) considered the person’s views (if any).
(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.
(4) The transfer or assignment is taken to be a variation of the
contract.
(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
(b) the period of the person’s employment 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.
(2) In this section:
transfer means a transfer or assignment of a person under
section 33A.
substitute
34 Notification of chief executive’s engagement
etc
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);
(b) the termination of a contract made under that section;
(c) the end of a period of engagement by a contract under that
section;
(d) the transfer or assignment of a person under section 33A (Chief
executives—transfer or assignment).
18 Application
of merit principleNew section 65 (1)
(ba)
insert
(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
renumber paragraphs when Act next republished under Legislation
Act
substitute
72 Executives—engagement
omit
insert
72A Executives—contract
variation
(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.
insert
75A Notice or payment if executive not
re-engaged
(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
(b) the person has not accepted another position in the public sector;
and
(c) the person is not entitled to a redundancy payment (however described)
for not being re-engaged.
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.
(5) In this section:
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).
(6) This section applies in relation to a contract—
(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.
substitute
76 Executives—temporary
contracts
substitute
(4) The period mentioned in subsection (3) (b) must not be longer than
2 years.
26 Section
76 (10) to (12)
omit
insert
76A Executives—variation of temporary
contracts
(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.
substitute
77 Chief executive officer,
Calvary
(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.
(3) In this section:
chief executive officer, Calvary—see section 26 (4)
(Powers relating to certain Calvary Health Care staff).
substitute
80 Executive engagements not affected by defects
etc
30 New
sections 80A and 80B
insert
80A Executives—transfer or
assignment
(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
(c) considered the person’s views (if any).
(3) The transfer or assignment is taken to be a variation of the
contract.
(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
(b) the period of the person’s employment 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.
(2) In this section:
transfer means a transfer or assignment of a person under
section 80A.
substitute
81 Notification of executive’s engagement
etc
The administering chief executive 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 72
(Executives—engagement);
(b) the termination of a contract made under that section;
(c) the end of a period of engagement by a contract under that
section;
(d) the transfer or assignment of a person under section 80A
(Executives—transfer or assignment).
insert
248B Engagement of certain former chief executives
and executives prohibited
(1) This section applies to a person who—
(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.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2004.
2 Notification
Notified under the Legislation Act on 2004.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2004
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