Public Sector Management Act 1994

This Act is the Public Sector Management Act 1994.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

For example, the signpost definition ‘appellable decision, for part 9 (Review and appeal)—see section 223.’ means that the term ‘appellable decision’ is defined in that section for part 9.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

The main objects of this Act are to—

establish and maintain an apolitical public sector with clear values, clear standards of conduct and a best practice focus; and

establish and maintain a public service that assists the Executive to meet the needs of the community and serves the community on behalf of the Executive; and

promote and uphold the public sector values, standards of conduct and best practice focus.

Note This division sets out values, principles and conduct requirements that apply to a public servant. This division also applies to a public sector member (see s 151).

In this division:

job, of a public servant, means the functions the public servant is required to exercise because of the public servant’s employment in the service.

The public sector values are—

respect; and

integrity; and

collaboration; and

innovation.

The public sector values must be—

demonstrated by a public servant when acting in connection with the public servant’s job; and

applied in a way that is appropriate to the public servant’s job; and

used to inform and evaluate the operation of the service.

The public sector principles are—

the best practice principle; and

the merit and equity principle; and

the closing the gap principle.

A public servant must do the public servant’s job in accordance with the best practice principle.

The head of service must exercise a function under this Act in accordance with the merit and equity principle.

An SES member must do their job in accordance with the closing the gap principle.

Subsection (4) does not—

affect the operation of any other Act; or

create or affect any other legal right.

Note Failing to act in a way that is consistent with s (4) may be misconduct (see s 9 (1) (c) (i) and (3)).

In this section:

Aboriginal and Torres Strait Islander cultural capability means the extent to which knowledge about the experiences and aspirations of Aboriginal and Torres Strait Islander peoples is integrated into the way the public sector works, including policies, practices and attitudes, to improve outcomes for Aboriginal and Torres Strait Islander peoples.

best practice principle—a public servant does the public servant’s job in accordance with the best practice principle if the public servant—

works efficiently, effectively and constructively; and

is responsive, collaborative and accountable; and

makes fair and reasonable decisions.

closing the gap principle—an SES member does their job in accordance with the closing the gap principle if—

for provisions of the National Agreement on Closing the Gap that relate to transformation or governance of government agencies—the SES member implements those provisions of the agreement, including by—

continually developing and demonstrating their Aboriginal and Torres Strait Islander cultural capability; and

continually developing the Aboriginal and Torres Strait Islander cultural capability of their administrative unit and, for the head of service, of the service; and

promoting cultural safety for Aboriginal and Torres Strait Islander peoples; and

working to eliminate institutional racism in relation to Aboriginal and Torres Strait Islander peoples; and

for other provisions of the National Agreement on Closing the Gap that relate to the SES member’s job—the SES member—

implements those provisions of the agreement; or

provides advice to the Minister responsible for the SES member’s administrative unit about implementing those provisions of the agreement.

cultural safety—see the National Agreement on Closing the Gap, part 12 (Definitions).

institutional racism, in relation to Aboriginal and Torres Strait Islander peoples, means the inequitable treatment and outcomes experienced by Aboriginal and Torres Strait Islander peoples as a result of an entity’s policies, practices and culture.

merit and equity principle—the head of service exercises a function under this Act in accordance with the merit and equity principle if the head of service—

is an equitable employer; and

employs a person in a job who is best able to do the job in all the circumstances.

National Agreement on Closing the Gap—

means the National Agreement on Closing the Gap between the ACT, the Commonwealth, States, the Australian Local Government Association and the Coalition of Aboriginal and Torres Strait Islander Peak Organisations that took effect on 27 July 2020, as in force from time to time; and

Note State includes the Northern Territory (see Legislation Act, dict, pt 1).

includes any future agreement mentioned in clause 13 of the agreement.

Note The National Agreement on Closing the Gap is available at www.closingthegap.gov.au.

A public servant must—

take all reasonable steps to avoid a conflict of interest; and

declare or manage a conflict of interest that cannot reasonably be avoided; and

when acting in connection with the public servant’s job—

comply with laws applying in the Territory; and

comply with any lawful and reasonable direction given by a person with the authority to give the direction; and

if dealing with a member of the public—make all reasonable efforts to help the person to understand the person’s entitlements, and any requirement the person is obliged to meet, under a territory law; and

treat all people with courtesy and sensitivity to their rights and aspirations; and

do the public servant’s job with reasonable care and diligence, impartiality and honesty.

A public servant must not—

behave in a way that—

is inconsistent with the public sector values; or

undermines the integrity and reputation of the service; or

take improper advantage of the public servant’s job or information gained through the public servant’s job; or

improperly use a Territory resource, including information, accessed through the public servant’s job; or

without lawful authority—

disclose confidential information gained through the public servant’s job; or

Note The Crimes Act 1900, s 153 (1) makes it an offence for a public servant to disclose information that it is the public servant’s duty not to disclose.

make a comment that reasonably appears to be an official comment; or

when acting in connection with the public servant’s job—bully, harass or intimidate anyone; or

when doing the public servant’s job—apply improper influence, favouritism or patronage.

For a misconduct procedure, failing to act in a way that is consistent with subsection (1) or (2) may be misconduct.

Note A misconduct procedure means a procedure set out in an industrial instrument or prescribed by regulation (see dict, def misconduct procedure).

A public servant (a discloser) must tell the following person about any maladministration or corrupt or fraudulent conduct by a public servant or a public sector member of which the discloser becomes aware:

the head of service;

if the alleged maladministration or corrupt or fraudulent conduct is by the head of service—

the director-general of the administrative unit in which the public servant is employed; or

if the head of service is the director-general of the administrative unit in which the public servant is employed—another director-general.

This section does not—

affect the operation of any other Act; or

create or affect any other legal right.

The ACT Public Service is established.

Note Establish includes constitute and continue in existence (see Legislation Act, dict, pt 1).

The ACT Public Service is made up of the administrative units established under section 13.

The members of the ACT Public Service are—

the following (the senior executive service):

the head of service;

directors-general;

executives; and

officers; and

employees.

The Territory is the employer of all members of the service.

The Chief Minister may establish administrative units.

An administrative unit is made up of the offices within the administrative unit.

An instrument under subsection (1) is a notifiable instrument.

For the Australian Capital Territory (Self-Government) Act 1988 (Cwlth), section 43 (1), the Chief Minister may make a determination allocating responsibility to a Minister in relation to the following matters:

governing the Territory in relation to a stated matter;

an Act;

the Executive’s powers under a Commonwealth law;

prerogatives of the Crown for the matters mentioned in paragraphs (a) to (c).

The Chief Minister must determine which administrative unit is responsible for a matter mentioned in subsection (1).

For the Australian Capital Territory (Self-Government) Act 1988 (Cwlth), section 43 (2), any Minister is authorised to act on the Chief Minister’s behalf or on behalf of another Minister.

Subsection (3) is subject to the Legislation Act, section 41 (Making of certain statutory instruments by Executive) and section 253 (Exercise of functions of Executive).

A determination is a notifiable instrument.