Public Sector Employment and Management Act 1993

(a) to provide for an apolitical Public Sector that is efficient and effective in serving the government, the Legislative Assembly and the people of the Northern Territory;

(b) to provide for the administration of the Public Sector and the employment and management of employees;

(d) to promote fairness and equality of employment opportunity in the Public Sector.

(iii) performance and personal conduct of individuals in the Public Sector; and

(b) provides for there to be a Commissioner for Public Employment to oversee the management of the Public Sector; and

(c) provides for there to be a Chief Executive Officer for each Agency to manage, and provide strategic leadership of, the Agency.

administration management principle, see section 5B.

Agency means a unit of government administration, office or statutory corporation:

(a) nominated in an Administrative Arrangement Order as an Agency for this Act; or

appeal board means a board convened under section 59C for an appeal.

appropriate minister, for an Agency, means the minister for the time being administering the Agency or to whom the administration of the Act by which the Agency was established or continued in existence is allotted by an Administrative Arrangements Order.

award means an award, determination, decision, order or enterprise agreement (however described) in force under an Act, or a law of the Commonwealth, that provides for the determination of conditions of employment of a person.

breach of discipline, see section 49.

casual employee means an employee employed as mentioned in section 29(3)(c).

Chief Executive Officer, see section 19.

Commissioner means:

(a) unless paragraph (b) applies – the person holding or occupying the office of Commissioner for Public Employment mentioned in section 8; or

(b) for an employee in the Department of the Legislative Assembly – the Speaker.

designation means a specified level or range of salaries assigned to an employee in an Agency on a scale described in an award or determined by the Commissioner.

disciplinary action means action under section 49C(1)(b) or (c).

employee means a person employed in the Public Sector, other than the Commissioner or a Chief Executive Officer.

employment, for an employee, means employment in an Agency.

Employment Instructions means rules made under section 16.

equality of employment opportunity principle, see section 5E.

Executive Contract of Employment means a contract of service:

(c) to perform duties or a class of duties determined under section 34(1)(b) as duties or a class of duties which may only be performed for a fixed period;

and which is nominated as an Executive Contract of Employment in the contract document.

fixed period employee means an employee employed as mentioned in section 29(3)(b), including an employee employed under an Executive Contract of Employment.

health practitioner means:

(b) any other person registered under the Health Practitioner Regulation National Law to practise in a health profession (other than as a student).

human resource management principle, see section 5C.

inability or performance grounds, see section 44(1).

merit principle, see section 5D.

ongoing employee means an employee employed as mentioned in section 29(3)(a).

performance and conduct principle, see section 5F.

promotion means giving to an employee a higher attainable maximum salary than the salary previously attainable by the employee.

Public Sector means all the Agencies.

public sector principles means the principles mentioned in section 5A(1).

relevant Chief Executive Officer, in Part 9, Division 2, means the Chief Executive Officer who made the decision the subject of the appeal.

remedial action means action under section 46(1)(b) or(c).

remuneration includes salary and allowances.

salary includes wages, and salary or wages payable by increments within a range of salary or wages.

(3) Subject to section 4(3), where there is an inconsistency between this Act and any other law of the Territory, being a law that makes specific provision for the employment of a person to perform duties in an Agency, to the promotion of an employee or an employee of a class of employees or a matter relating to the employment of an employee, the other law applies subject to this Act.

(4) Where there is an inconsistency between this Act and an award in force in the Territory or any legislation relating to superannuation applying to an employee, the Commissioner or a Chief Executive Officer, this Act applies subject to the award or that legislation.

(5) For the purposes of the Northern Territory (Self-Government) Act 1978 of the Commonwealth, the Public Sector shall be taken to be the Public Service of the Territory referred to in that Act and the Commissioner the Public Service Commissioner of the Territory.

(2) A prescribed provision of this Act does not apply in relation to:

(a) a prescribed person or a person of a prescribed class of persons; or

(c) a prescribed designation, or a designation of a prescribed class of designations, in an Agency.

(3) Nothing in this Act affects the functions, powers, privileges, immunities or liabilities of:

(a) the Electoral Commissioner or the holder of an office mentioned in Schedule 1; or

(b) the Speaker of the Legislative Assembly (other than in his or her capacity as Commissioner as defined in paragraph (b) of the definition of Commissioner in section 3(1));

conferred or imposed by or under any other law in force in the Territory and, where there is an inconsistency between this Act and the other law, this Act applies subject to that law.

The administration management principle is that the administration and management of the Public Sector must be directed towards the following:

(a) providing effective, efficient and appropriate services to the community and the government;

(b) ensuring the effective, efficient and appropriate use of public resources;

(c) informing, advising and assisting the government objectively, impartially and with integrity;

(i) are responsive to the changing needs of the community and the government; and

(e) ensuring the Public Sector is structured and administered so that:

(f) ensuring proper standards of financial management and accounting are maintained.

(1) The human resource management principle is that human resource management in the Public Sector must be directed towards promoting the following:

(i) are treated fairly, reasonably and in a non‑discriminatory way; and

(ii) are remunerated at rates appropriate to their responsibilities; and

(iv) have reasonable access to redress when adversely affected by improper or unreasonable decisions.

(2) The human resource management principle incorporates the merit principle and the equality of employment opportunity principle.

(1) The merit principle is that the employment of a person as an employee, or the promotion or transfer of an employee, under this Act must be based solely on the person's suitability:

(2) A person's suitability is to be determined having regard to the person's:

(3) The merit principle applies subject to sections 35(7), 38B(1), 42(2), 46(3) and 49C(3).

(1) The equality of employment opportunity principle is that human resource management in the Public Sector must be directed towards the following:

(a) ensuring all persons have equal opportunity to compete for employment, promotion and transfer, and to pursue careers, within the Public Sector;

(b) eliminating unlawful discrimination from human resource management in the Public Sector;

(c) promoting diversity among employees reflective of the diversity of persons in the community.

unlawful discrimination means discrimination that is unlawful under the Anti‑Discrimination Act 1992.

(1) The performance and conduct principle is that a public sector officer must do the following:

(iii) in accordance with the Act and any code of conduct applicable to the officer under section 16(2)(c);

(b) treat other public sector officers, other persons in the workplace and members of the public fairly, equitably and with proper courtesy and consideration;

(c) ensure effective, efficient and appropriate use of public resources;

(d) avoid actual or apparent conflicts of interest between personal or other interests and duties as a public sector officer;

(i) adversely affect the performance of the officer's duties as a public sector officer; or

public sector officer means the Commissioner, a Chief Executive Officer or an employee.