Page 6046 - Week 14 - Thursday, 9 December 2010

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allow for the confirmation of probation at any time during the probationary period, and this is dependent on the completion of all other prescribed pre-appointment requirements.

The bill amends provisions relating to directions to act in another position, updating terminology and amending time frames, advertising requirements and notification requirements. Consistent with agreements, the bill will amend the act to allow for greater flexibility in the redeployment of officers who are medically unfit to perform the functions of their substantive position.

Provisions relating to joint selection committees and management-initiated joint selection committees have been streamlined. The act will retain powers for promotion or transfer of an officer on the advice of either of these committees. However, prescription about the constitution, establishment, management and processes of joint selection committees and management-initiated committees has been omitted and will be relocated to the standards. Provisions about the promotion and transfer of officers have been separated to reduce confusion around the two different processes.

Further, all types of transfer have been revised so that individual and management-initiated transfers use consistent language and complementary formats. In response to the changes in the structure of the service, in particular the growing use of positions created specifically for short and medium-term initiatives, the mechanisms around fixed-term engagements have been updated.

This bill introduces the capacity to extend a fixed-term temporary engagement of more than 12 months for additional periods up to a maximum term of five years where the initial engagement was made in accordance with the merit principle. This amendment recognises changes to employment expectations over recent years and gives greater employment security to temporary staff.

The bill updates various mobility provisions to ensure these provisions within the Public Sector Management Act are contemporaneous with those of an independent public service. A central element of this was the portability or recognition of prior service for all accrued entitlements.

For any other new employee to the ACT public service, prior service is recognised in limited circumstances only. Recognition of prior service for accrued entitlements for all employees to the ACT public service will be more clearly and appropriately set out in the standards. This will include recognition of the existing level of entitlements for officers moving from the Australian public service.

However, mobility provisions also exempted staff moving from the Australian public service from the ACT public service probation requirements. Recognising that the ACT public service and the Australian public service are now clearly distinct services, it is no longer considered appropriate to exempt staff moving from the Australian public from ACT public service probation requirements, and the bill amends these arrangements accordingly.

Finally, a number of other technical amendments are made and there was one technical consequential amendment to the Tobacco Act 1927, which is set out in schedule 2 of the bill.


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