Public Service Amendment Act

This section replaces the definition of “executive authority” and assigns that role to different office-holders depending on the government body involved.

This provision amends section 1 by replacing the definition of “head of department” and adding a definition of “political office.”

This section amends section 3 of the principal Act, including revised public service matters and new duties and powers for an executive authority.

The executive authority must align the department head’s role with the department’s strategic plan and support coordination, communication, and accountability, and may intervene if the department head fails to carry out a required power or duty.

If a head of department refuses or fails to exercise a power or duty, the executive authority must give a written instruction and, if the failure continues, report it to the President or Premier as applicable.

The relevant executive authority or head of department may act on matters tied to a former public servant’s employment, but only within their competence, without harming the person, and generally only within three years after employment ended unless the Minister extends the period.

Each department must have a head, and a head of department must carry out specified management, reporting, and coordination duties.

The relevant executive authority or head of department may act on matters arising from a former public service employee’s service or conditions of service, but only if the act would also have been lawful for a serving employee, and not after three years unless the Minister extends that period.

A department head must coordinate with other departments, carry out statutory duties, support the executive authority, report when requested or needed, implement the department’s strategic plan, and manage the department’s administration efficiently.

This section assigns duties and some powers to departmental heads, including internal administration, HR functions, Cabinet support, provincial executive support, and limits them from taking over powers or duties assigned to other heads.

A head of department may appoint people in the department, subject to this Act and any prescribed manner or conditions.

The head of The Presidency and the head of a Premier’s office are assigned specific coordination, support, and administrative duties, and they may not exercise powers or duties assigned to other heads of department.

This provision replaces Article 9 of the Principal Act and allows a Department Head to appoint any person in the department under the Act and any prescribed manner and conditions.

This section amends Article 13 of the Principal Act by replacing subsection (1).

A head of department must appoint an employee on probation when regulations require it, confirm the appointment after probation if the employee was satisfactory and met all conditions, and may extend probation or dismiss the employee if confirmation is refused.

An employee of a department may be transferred within the department by the head of department, or to another department by the heads of the two relevant departments, subject to subsections (2), (3) and (4).

Certain departmental employees and some people employed by an organ of state are treated as continuing or transferring into public service when appointed or moved under the listed sections.

Employees (with stated exceptions) have a right to retire at age 65; department heads must place required employees on probation, confirm satisfactory probation, or may extend probation/dismiss if not confirmed.

A department employee may be transferred within the department or to another department, subject to subsections (2), (3) and (4).

Some public-sector employees are treated as continuing service without interruption, and some transfers into the public service are deemed to occur.

Most employees in the public service may retire, but they must retire when they turn 65, subject to stated exceptions.

This section sets notice periods and retirement rights for public service employees and heads of department.

A head of department may let an employee retire before age 60 on the employee’s request if there is sufficient reason.

If an employee was given notice of a disciplinary hearing, the head of department must not agree to a resignation notice period shorter than that employee’s prescribed notice period.

The head of department may dismiss an employee under the Labour Relations Act, and may reinstate a dismissed employee on good cause shown if the employee reports for duty after the stated period.

A Department Head may let an employee retire before age 60 if there is enough reason, and some employees may be kept in service after retirement age with consent and approval, for up to two years unless Parliament approves longer.

If an employee has been given notice of a disciplinary hearing, the relevant department head may not agree to a resignation notice period shorter than the prescribed period for that employee.

This provision gives the relevant department head power to dismiss an employee and says that power must be exercised under the Labour Relations Act.

This provision amends Article 30 of the Main Act by replacing subarticle (1).

Employees may not do remunerative outside work unless they have written permission from the head of department.

This section amends section 31 so it also applies to employees who are heads of department, and lets the head of department approve certain payments in exceptional cases.

Employees may not do paid outside work for their department unless the department head gives written permission, and the department head must decide on a request within 30 days.

This amendment says the article also applies to an employee who is a department head, and in that case references to a department head are read as references to the Treasury. It also lets the department head approve payment from revenue in extraordinary circumstances.

The provision lets the relevant executive authority or a department head direct certain people to do temporary work in a department, even if it is different from their normal duties, if prescribed conditions are met.

Employees may be directed in writing to act in a post, and the appointment rules differ depending on who holds or controls the post.

This section amends section 35 so the Commission’s powers include making rules about investigating grievances over official acts or omissions, and it defines “prescribed” as prescribed by the Commission by rule under the Commission Act.

Heads of department and their direct reports may not hold political office in a political party.

This section amends section 37 so that a head of department may act only if regulation allows it and only to the extent prescribed.

This section changes the rules for acting appointments in a department and who may direct or make them.

For certain applications, the Commission’s powers are treated as including rulemaking power about investigating complaints over official acts or omissions.

Certain department heads and employees who report directly to them may not hold a political office, and existing officeholders must comply within one year after the provision starts.

The Department Head may replace the words before paragraph (a) in subsection (2), but only if regulations allow it and only to the extent prescribed.

This section amends Article 38 of the principal Act by replacing paragraph (a) in subsection (1).

If an employee is paid incorrectly or overpaid, the relevant authority must fix the pay error and the accounting officer must recover the overpayment under the stated methods and limits.

The President may delegate any power conferred by section 12 to a member of Cabinet.

This section lets the President start the Act by proclamation in the Gazette and requires department officials to correct salary errors and recover overpayments.

The President may delegate a power given by section 12 to the Deputy President or a Cabinet Minister.

This section says the Act will start on a date set by the President in the Gazette.