Public Sector Management Act 1994

The head of service may, with the Chief Minister’s written approval, make a management standard for this Act about the following:

the public sector values;

the public sector principles;

the conduct required under this Act;

a management strategy;

a whole-of-government strategy;

management and administration in the public sector;

the organisation of the service;

management strategies;

eligibility requirements for the service;

the senior executive service;

offices;

officers;

employees;

public sector members;

the terms of employment for public servants and public sector member;

work health and safety in the public sector;

secondment to or from the public sector;

a matter requested, in writing, by the Chief Minister.

Power to make a statutory instrument (including to make or approve a management standard) includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48).

For subsection (1) (c), a management standard is subject to any direction in force under the Director of Public Prosecutions Act 1990, section 12.

The Chief Minister’s approval to make a management standard may be given subject to a condition.

A management standard is a disallowable instrument.

The Legislation Act, section 47 (3) and (6) does not apply to a Commonwealth law or an ACT enterprise agreement applied, adopted or incorporated in a management standard.

A Commonwealth law or an ACT enterprise agreement does not need to be notified under the Legislation Act because s 47 (6) does not apply (see Legislation Act, s 47 (7)). Commonwealth laws are accessible at www.legislation.gov.au and ACT enterprise agreements are accessible at www.jobs.act.gov.au.

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