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Legislative Assembly for the ACT: 2000 Week 1 Hansard (15 February) . . Page.. 51 ..


I remind Members that these were both matters that the Standard (and the Determination) made specific provision to be varied by the Chief Executive. Therefore that decision exercised the discretion confirmed by ACT Public Service decision-maker.

This is a common discretion throughout the Standards to facilitate administration of departmental matters.

The Commissioner's Determination of 13 August 1996 was based on:

� Clause 3 of the Executive contract applies terms and conditions contained in amongst other things, the PSM Standards, to Executives.

� PSM Standard 14, Chapter 6 deals with relocation expenses generally and calls up certain entitlements applicable to SES officers as contained in (Commonwealth) PSB Determination 1984/46. The rates set in the Standard are also currently adopted form rates set by the Commonwealth.

� Both a Chief Executive and the Commissioner have authority under the Standard to make certain decisions in relation to relocation costs. Specifically, the Commissioner may set rent ceiling, vary officer contributions, and extend the period of application of any benefits.

A range of factors were considered, including the current rental market, the appropriate level of officer contribution, the anomaly seen to exist between Executives accompanied by dependants and Executives with no dependants.

In addition, in continuing the approach of simplifying employment conditions, it is clear that the intended outcome was a net entitlement which took into account the three components, ie:

� rent ceiling;

� officer contribution; and,

� rental assistance

I would like to take this opportunity to clarify the meaning of "officer contribution".

On 7 December 1999 Mr Corbell asked how much the Government received in contributions from Executives. The contributions are not made to the Government, but born by the Executive. That is, the Executive pays the cost of rent over and above the rental assistance allowance and this is the "officer contribution".

Finally, in relation to the Commissioner's determination, Mr Corbell asked on 9 December 1999 what power the Commissioner exercised in this case.

Section 20.(2) of the Public Sector Management Act states:

"The Commissioner may exercise the powers of any person on whom Chief Executive powers have been conferred other than the chief executive officer of an autonomous instrumentality."


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