The Public
Sector Management Act 1994 (the Act) provides
the legislative framework for the majority of employees
in the ACT Public Service. The Act sets out service-wide
values and ethical principles. The Act also provides
primary employment issues including categories of employment,
promotion and transfer.
The Act is supported by the Public
Sector Management Standards (subordinate law). The
Standards are made by the Commissioner
for Public Administration under section 251 of the Act,
subject to the approval of the Chief Minister. The
Standards must be consistent with the Act. If any inconsistency
arises, the Act will prevail.
Awards and Agency based Workplace Agreements
made under the Commonwealth Workplace
Relations Act 1996 will override the Act and the Standards
to the extent of any inconsistency. Agency based agreements
primarily regulate appeal, review and discipline matters. Further
information on industrial relations can be found here (link
to industrial arrangements page).
Further guidance is provided to ACT Public
Service agencies through policies and Information Notes. The
policies and Information Notes are intended to guide ACT Public
Service agencies on the legislative employment framework. These
policies and Information Notes replace the Best Practice Notes
which were revoked in 2005 and 2006. A list
of former Best Practice Notes and contacts or links to
information is available.
Legislative Assembly Members Staff
The employment of staff by members of
the Legislative Assembly is regulated by the Legislative
Assembly (Members' Staff) Act 1989 (LAMS), determinations
and directions made under the LAMS Act. A specific
LAMS Awards and Agreements (made under the Commonwealth Workplace
Relations Act 1996) also regulates the employment
of LAMS staff. These industrial instruments will override
the LAMS Act and determinations to the extent of inconsistency.
Other Legislation
Below is a list of links to other relevant
legislation.