Part 3.3Part 3.3 Miscellaneous provisions relating to public sector staff
(1) A person may be employed (as an officer or on any other basis):(a) in 2 or more Departments, or(b) in the Public Service and in any other public sector service (including in a Division of the Government Service other than a Department).(1A) A separate staff position (however described) is not required to be created in each of the Departments, or in each of the public sector services, in which the person is employed.(2) If the person is employed in 2 or more Departments, the relevant Department Heads may determine that the person is to be regarded as employed in one of those Departments for the purposes of the conditions of employment of the person.(3) If the person is employed in the Public Service and in any other public sector service (including in a Division of the Government Service other than a Department), the relevant Department Head and the chief executive officer or Division Head (as the case requires) of that other public sector service may determine that the person is to be regarded as employed in the relevant Department or in that other service or Division for the purposes of the conditions of employment of the person.(4) Any such determination:(a) may be limited to particular conditions of employment, and(b) may make different provision for different conditions of employment, and(c) is to be made in accordance with such guidelines as are issued from time to time by the Commissioner.(5) For the purposes of this section, conditions of employment include:(a) the provisions of or made under this Act or any other Act under which a public sector service is established, and(b) in the case of a Division of the Government Service in which staff are employed to enable a statutory corporation to exercise its functions, the provisions of or made under the Act under which the statutory corporation is established.
100A Appointment may be made to position pending vacation of position
(1) This section applies in relation to:(a) a chief executive position or senior executive position (whether or not in the Government Service), or(b) any other position in the Government Service.(2) If a person who holds any such position (the incumbent officer) notifies the person’s employer in writing that the person:(a) intends to resign or retire from the position on a specified date, or(b) does not intend to seek re-appointment to the position on completion of the current term of employment,the employer may, before the position becomes vacant, take action to recruit and appoint another person (the new officer) to the position.(3) The appointment of the new officer may, if the instrument of appointment so provides, take effect before the incumbent officer vacates the position.(4) In any such case, the incumbent officer and the new officer:(a) both hold the same position, and(b) may jointly exercise the functions of the position.(5) If in the joint exercise of any statutory function of the position any inconsistency arises in connection with the exercise of that function, the decision of the incumbent officer in relation to the matter prevails.(6) In this section:employer means:
(a) in the case of a person who is a chief executive officer or senior executive officer—the person’s employer as referred to in section 63 (2), or(b) in any other case—the appropriate Division Head.
101A Performance management systems for public sector staff
(1) The head of a public sector agency is to develop and implement a performance management system with respect to members of staff of the agency.(2) The Commissioner is to issue guidelines to public sector agencies on the essential elements of such a performance management system.Note. See section 3J in connection with directions to agencies by the Commissioner.
102 Employees contesting State elections
(Act No 45 of 1916)
(1) If a person who is employed in any public sector service is nominated for election to the Legislative Assembly or Legislative Council, the person is to be granted leave of absence until the day on which the result of the election is declared.(2) If the person is elected, the person is required to resign from the public sector service concerned.(3) Unless the person is entitled to leave with pay (and duly applies for such leave), any leave of absence under this section is to be leave without pay.
102A Appointment to position in public sector service not affected by additional appointment
(1) The doctrine of incompatibility of office:(a) does not operate to prevent the holder of a position in any public sector service (the original position) from being appointed to another position in that or any other public sector service (the additional position), and(b) does not operate to effect or require the holder of the original position to surrender or vacate that position as a result of the appointment to the additional position.(2) This section:(a) applies even if the original position or the additional position is held on an acting or temporary basis, and(b) extends to an appointment made before the commencement of this section (and applies to such an appointment as if this section had been in force when the appointment was made).
103 Re-appointment of employees resigning to contest Commonwealth elections
(Act No 12 of 1943)
(1) If a person who is employed in any public sector service:(a) resigns in writing from the public sector service and the resignation takes effect not earlier than 3 months before the date appointed for the taking of the poll at an election of a member or members of either House of Parliament of the Commonwealth and before the day fixed for nominations for the election, and(b) includes in the resignation notice of the person’s intention to become a candidate at that election, and(c) becomes a candidate at that election, and(d) fails to be elected at that election, and(e) makes written application for re-appointment to a position or other employment in the public sector service concerned within 2 months after the declaration of the result of the poll at that election,the person is entitled to be re-appointed to a position or other employment in the public sector service not lower in remuneration than the current remuneration for the position or employment of the person at the date of the person’s resignation (or a similar position or employment).(2) A person, on being re-appointed under this section, is taken:(a) to have never resigned from the public sector service concerned, and(b) to have been on leave without pay during the period between resignation and re-appointment.(3) If a person is employed in a Division of the Government Service referred to in Part 2 of Schedule 1, a reference in this section to a public sector service in relation to that person is taken to be a reference to that Division only.
103A Excess employees—jurisdiction of Industrial Relations Commission
(1) In this section:excess employee means an excess officer referred to in section 56 or any member of staff of a public sector agency who has been notified by the head of the agency:
(a) that his or her position or work in the agency has been abolished or terminated, and(b) that he or she is an excess or displaced employee.Any such person does not cease to be an excess employee merely because the person is engaged (on a temporary basis) to carry out other work in the same or any other public sector agency.termination of the employment of a person includes dispensing with the services of the person.
(2) Division 2 of Part 9 of Chapter 2 of the Industrial Relations Act 1996 (Unfair contracts) does not apply to contracts of employment of members of staff of any public sector agency that are alleged to be unfair for any reason relating to excess employees, including the following:(a) when and how members of staff become excess employees,(b) the entitlements of excess employees (including with respect to redeployment, employment retention, salary maintenance and voluntary or other redundancy payments),(c) the termination of the employment of excess employees.