State Service Act 2000

State Service Act 2000

This Act may be cited as the State Service Act 2000.

This Act commences on a day to be proclaimed.

In this Act, unless the contrary intention appears – Agency means a Government department or a State authority or other organisation specified in Column 1 of Schedule 1; appropriate Minister, when used in relation to an Agency, means the Minister for the time being administering that Agency; Auditor-General means the person holding the office of Auditor-General by virtue of section 9(1) of the Audit Act 2008; award means an award, determination, decision, order or agreement in force under the Workplace Relations Act 1996 of the Commonwealth, the Industrial Relations Act 1984 or any other Act of the Commonwealth or of Tasmania which provides for the determination of conditions of employment of a person; classification means assignment of a specified salary or salary level, or of a specified status, on a scale described in an award to duties in the State Service; Code of Conduct means the conduct requirements specified in section 9; complying superannuation scheme has the same meaning as in the Public Sector Superannuation Reform Act 1999; employee means a permanent employee or a fixed-term employee, but does not include a person appointed to an office under section 25 or 31 or a person in respect of whom an arrangement under section 46(1)(a) is in force; Employer means the Minister administering this Act; Employment Directions means the directions issued by the Employer under section 17(1); fixed-term employee means a person appointed for a specified term or for the duration of a specified task as referred to in section 37(3)(b); functions includes duties; Government department means a department established under section 11; Head of Agency means the Head of an Agency referred to in section 30; Head of the State Service means the person appointed and holding office under section 20; officer means a person appointed as a Head of Agency, to a prescribed office or as a senior executive under section 31; performance management plan means a professional development and performance management plan prepared under section 34(1)(g); permanent employee means a person appointed as a permanent employee as referred to in section 37(3)(a); position means an allocation of duties in accordance with section 34(1)(c); promotion means the assignment of duties to a permanent employee, other than for a specified period or for the duration of a specified task, which results in an employee obtaining a higher attainable maximum salary level than the salary level that the employee had immediately before the employee was assigned those duties; regulations means regulations made and in force under this Act; salary includes wages; salary level means, if the salary is within a range of salary, the maximum salary in that range; senior executive means a person appointed to an office created by the Premier under section 29(4); State authority means a body or authority, whether incorporated or not, which is established or constituted by or under an Act or under the royal prerogative, being a body or authority which, or of which the governing authority, wholly or partly comprises a person or persons appointed by the Governor, a Minister or another State authority, but does not include a Government department; State Service means the State Service referred to in section 6; State Service Principles means the Principles in section 7; Tasmanian Industrial Commission means the Tasmanian Industrial Commission constituted under section 5 of the Industrial Relations Act 1984.

A note in the text of this Act does not form part of this Act.

In this Act – this Act, except in section 17, includes Employment Directions.

A reference in this Act to employment, in relation to an employee, is a reference to employment in the State Service.

If there is an inconsistency between a provision of this Act and any other law in force in this State, other than an award, being a law that makes specific provision with respect to the appointment of a person to the State Service or the promotion of a permanent employee, an employee included in a class of employees or any matter relating to the employment of an employee, the provision of that law is to be read subject to the provision of this Act.

This Act binds the Crown in right of Tasmania and, in so far as the legislative power of Parliament permits, in all its other capacities.

Subject to this section, this Act applies to and in relation to officers and employees.

This Act does not apply to or in relation to – a person who is remunerated by fees, allowances or commission only; or a person who is employed in an honorary capacity only; or a person in respect of whom an arrangement under section 46(1)(a) is in force.

The Governor may, by order, declare that any specified provision or provisions of this Act do not apply to – persons specified in the order; or a class of persons specified in the order; or Agencies specified in the order; or positions or a class of positions specified in the order – being persons to whom or Agencies or positions to which that provision or those provisions would have applied but for the order.

An order made under subsection (3) may be expressed to be in force for a period specified in the order, in which case the order is to be in force for the period so specified and then cease to have effect.

The provisions of section 47(3), (3A), (4), (5), (6) and (7) of the Acts Interpretation Act 1931 apply to an order made under subsection (3) as if the order were regulations.

The State Service consists of Heads of Agencies, holders of prescribed offices, senior executives and employees.

The State Service Principles are as follows:the State Service is apolitical, performing its functions in an impartial, ethical and professional manner; the State Service is a public service in which employment decisions are based on merit; the State Service provides a workplace that is free from discrimination and recognises and utilises the diversity of the community it serves; the State Service is accountable for its actions and performance, within the framework of Ministerial responsibility, to the Government, the Parliament and the community; the State Service is responsive to the Government in providing honest, comprehensive, accurate and timely advice and in implementing the Government's policies and programs; the State Service delivers services fairly and impartially to the community; the State Service develops leadership of the highest quality; the State Service establishes workplace practices that encourage communication, consultation, cooperation and input from employees on matters that affect their work and workplace; the State Service provides a fair, flexible, safe and rewarding workplace; the State Service plans for and promotes effective performance management in which Heads of Agencies, officers and employees are accountable for the performance of their functions and exercise of their powers; there is an expectation that officers and employees – will perform to the standard and requirements identified in the performance management plan relating to the officer or employee; and will be responsive to Government priorities; and will deliver quality services; the State Service promotes equity in employment; the State Service provides a reasonable opportunity to members of the community to apply for State Service employment; the State Service provides a fair system of review of decisions taken in respect of employees.

For the purposes of subsection (1)(b), a decision relating to appointment or promotion is based on merit if – an assessment is made of the relative suitability of the candidates for the duties; and the assessment is based on the relationship between the candidates' work-related qualities and the work-related qualities genuinely required for the duties; and the assessment focuses on the relative capacity of the candidates to achieve outcomes related to the duties; and the assessment is the primary consideration in making the decision.

A Head of Agency must uphold, promote and comply with the State Service Principles.

An employee must behave honestly and with integrity in the course of State Service employment.

An employee must act with care and diligence in the course of State Service employment.

An employee, when acting in the course of State Service employment, must treat everyone with respect and without harassment, victimisation or discrimination.

An employee, when acting in the course of State Service employment, must comply with all applicable Australian law.

For the purpose of subsection (4),Australian law means – any Act (including this Act) or any instrument made under an Act; or any law of the Commonwealth or a State or Territory, including any instrument made under such a law.

An employee must comply with any standing orders made under section 34(2) and with any lawful and reasonable direction given by a person having authority to give the direction.

An employee must maintain appropriate confidentiality about dealings of, and information acquired by, the employee in the course of that employee's State Service employment.

An employee must disclose, and take reasonable steps to avoid, any conflict of interest in connection with the employee's State Service employment.

An employee must use Tasmanian Government resources in a proper manner.

An employee must not knowingly provide false or misleading information in connection with the employee's State Service employment.

An employee must not make improper use of – information gained in the course of his or her employment; or the employee's duties, status, power or authority – in order to gain, or seek to gain, a gift, benefit or advantage for the employee or for any other person.

An employee who receives a gift in the course of his or her employment or in relation to his or her employment must declare that gift as prescribed by the regulations.

An employee, when acting in the course of State Service employment, must behave in a way that upholds the State Service Principles.

An employee must at all times behave in a way that does not adversely affect the integrity and good reputation of the State Service.

An employee must comply with any other conduct requirement that is prescribed by the regulations.

For the purposes of this section, a reference to an employee includes a reference to an officer and a reference to State Service employment includes a reference to an appointment as an officer and an arrangement made under section 46(1)(a).

The Minister may impose one or more of the following sanctions on an employee who is found, under procedures established under subsection (3), to have breached the Code of Conduct:counselling; a reprimand; deductions from salary by way of fine not exceeding 20 penalty units; reduction in salary within the range of salary applicable to the employee; reassignment of duties; reduction in classification; termination of employment in accordance with section 44 or 45.

The Minister may delegate the power to impose any of the sanctions specified in subsection (1)(a) to (f).

The Employer is to establish procedures for the investigation and determination of whether an employee has breached the Code of Conduct.

The procedures referred to in subsection (3) – are to afford procedural fairness in the determination of whether an employee has breached the Code of Conduct; and may be different for different categories of employees; and may vary according to the circumstances of the alleged breach of the Code of Conduct.

An officer or an employee must not victimise, or discriminate against, another officer or employee because that officer or employee has reported breaches (or alleged breaches) of the Code of Conduct to the Employer, a Head of Agency or the Integrity Commissioner.

The Governor may, on the recommendation of the Minister, by order – establish, abolish or change the name of a Government department or State authority; or restructure Government departments and State authorities.

For the purpose of subsection (1)(b),restructure includes – amalgamating a Government department or State authority with another Government department or State authority; and amalgamating a part or parts of a Government department or State authority with another Government department or State authority; and amalgamating a part or parts of a Government department or State authority with a part or parts of another Government department or State authority – but does not include restructuring which is wholly internal to a Government department or a State authority.

In subsections (1) and (2), a reference to a State authority shall be read as a reference to that State authority in its capacity as an Agency for the purposes of this Act.