1Citation
These Regulations may be cited as the Public Sector Employment and
Management Regulations 2011.
Bills and explanatory statements from legislation.nt.gov.au; second reading speeches from the NT Parliamentary Record (Territory Stories). Links open the official source in a new tab.
These Regulations may be cited as the Public Sector Employment and
Management Regulations 2011.
These Regulations commence on the commencement of the Public
Sector Employment and Management Amendment Act 2011.
In these Regulations:
correctional officer, see section 4 of the Correctional
Services Act 2014.
NTPOA means the Northern Territory Prison Officers
Association.
NTSPOA means the Northern Territory Senior Prison
Officers Association.
registered organisation means an organisation registered under the Fair Work (Registered Organisations) Act 2009
(Cth).
For section 4(2) of the Act, the provisions listed in Schedule 1 do not apply in relation to the persons or Agencies for whom those provisions are listed.
For section 17(2)(a) of the Act, the employment record for an employee must include the information listed in Schedule 2.
However, the employment record is to include the information mentioned in Schedule 2, Part 1, items 7, 8 and 9 only if the employee consents to that information being recorded.
For section 37(2) of the Act, an employee must give 14 days notice of his or her resignation.
However, a Chief Executive Officer may accept a resignation of which a shorter period of notice is given.
For section 41(2) of the Act, the following are prescribed as employee organisations:
for an employee who is a correctional officer and a member of the
NTSPOA – the NTSPOA;
for an employee who is a correctional officer and a member of the
NTPOA – the NTPOA;
for any other employee – a registered organisation of which the employee is a member nominated by the employee.
Note for regulation 7
If none of paragraphs (a), (b) or (c) apply to an employee, there is no prescribed organisation for that employee for section 41(2) of the
Act.
A notice of appeal under section 59A(3) or 59B(3) of the Act:
must be in writing; and
must set out the following:
the name of the appellant;
details of the decision appealed against;
the grounds of the appeal.
(1) For section 59C(3) of the Act, an appointor must select a person to be a member of the appeal board within 10 days of being requested by the Commissioner to do so.
(2) A selection must be made in writing and given to the Commissioner.
(3) As soon as practicable after the 3 members of the appeal board have been selected, the Commissioner must give written notice of the selections to the appellant and the relevant Chief Executive Officer.
In this regulation:
appointor means:
(a) the relevant Chief Executive Officer mentioned in section 59C(2)(b) of the Act; or
(b) the employee organisation mentioned in section 59C(2)(c) of the Act.
(1) This regulation prescribes employee organisations for section 59C(2)(c) of the Act for an appeal under section 59A of the Act.
The employee organisation for the appellant is as follows:
(a) if at the relevant time the appellant was eligible to be a member of the NTSPOA – the NTSPOA;
(b) if at the relevant time the appellant was eligible to be a member of the NTPOA – the NTPOA;
(c) otherwise – the registered organisation with the greatest number of members who are employees with the designation that the appellant had at the relevant time.
Note for subregulation (2)
Paragraph (a) or (b) applies:
(a) whether or not the employee was a member of that organisation; and
(b) even if the employee is or was a member of a registered organisation.
Paragraph (c) applies:
(a) whether or not the employee was, or was eligible to be, a member of that organisation; and
(b) even if the employee is or was a member of another registered organisation.
(3) Any dispute as to which employee organisation is prescribed for an appellant is to be determined by the Commissioner.
In this regulation:
relevant time means the time when the decision the subject of the appeal was made.
(1) This regulation prescribes employee organisations for section 59C(2)(c) of the Act for an appeal under section 59B of the Act.
The employee organisation for the appellant is as follows:
(a) if the promoted employee will, when so promoted, be eligible to be a member of the NTSPOA – the NTSPOA;
(b) if the promoted employee will, when so promoted, be eligible to be a member of the NTPOA – the NTPOA;
(c) otherwise – the registered organisation with the greatest number of members who are employees with the designation that the promoted employee will have when so promoted.
Note for subregulation (2)
Paragraph (a), (b) or (c) applies:
(a) whether or not the employee is a member of that organisation; and
(b) even if the employee is or was a member of another registered organisation.
(3) Any dispute as to which employee organisation is prescribed for an appellant is to be determined by the Commissioner.
In this regulation:
promoted employee means whichever employee is promoted to perform the duties mentioned in section 59B(1)(a) of the Act.
Questions arising before an appeal board are to be determined by a majority vote of the board members.
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