South Australian Current Acts South Australian Current Acts (1) In this Act,
unless the contrary intention appears—
"administrative decision" means—
(a) a
decision; or
(b)
failure or refusal to make a decision,
in the exercise or purported exercise of administrative authority;
"administrative unit" means—
(a) a
department; or
(b) an
attached office;
"attached office" means an attached office established under Part 6 or an
administrative unit continued as an attached office under Schedule 3;
"casual employee" means a person engaged on the basis that the employment will
continue for not more than 4 weeks or will have hours that are irregular
or do not exceed 15 hours in a week;
"chief executive" of an administrative unit means a person employed or
assigned to act as the chief executive of the unit under Part 6;
"Commissioner" means a person appointed or assigned to act as the Commissioner
for Public Sector Employment under Part 4;
"decision", of SAET, has the same meaning as in the South Australian
Employment Tribunal Act 2014 ;
"department" means a department established under Part 6 or continued under
Schedule 3;
"disciplinary action" means action against an employee of a
public sector agency on the ground of the employee's misconduct;
"employee of a public sector agency"—see subsection (2);
"employing authority" means a person designated as an employing authority, and
empowered to employ persons on behalf of the Crown, under an Act;
"employment decision" means an administrative decision relating to the
employment of a person, including an administrative decision relating to the
engagement, promotion, transfer, remuneration, entitlements or termination of
employment of a person and a decision to take disciplinary action against a
person;
"employment opportunity program"—see section 65;
"executive employee" means—
(a) a
member of SAES; or
(b) an
employee to whom clause 3(3) of Schedule 3 applies and who is not a
member of SAES;
"merit", in relation to selection processes, means—
(a) the
extent to which each of the applicants has abilities, aptitude, skills,
qualifications, knowledge, experience (including community experience) and
personal qualities relevant to the carrying out of the duties in question; and
(b) if
relevant—
(i)
the manner in which each of the applicants carried out
any previous employment or occupational duties or functions; and
(ii)
the extent to which each of the applicants has potential
for development;
"misconduct" means—
(a) a
breach of a disciplinary provision of the public sector code of conduct while
in employment as a public sector employee; or
(b)
other misconduct while in employment as a public sector employee,
the term includes making a false statement in connection with an application
for engagement as a public sector employee and being convicted, while in
employment as a public sector employee, of an offence punishable by
imprisonment;
"public sector" means the administrative units of the Public Service and all
other public sector agencies and public sector employees;
"public sector agency" means—
(a) a
Minister; or
(b) a
chief executive of an administrative unit; or
(c) an
administrative unit; or
(d) an
employing authority; or
(e) any
other agency or instrumentality of the Crown; or
(i)
comprised of persons, or with a governing body comprised
of persons, a majority of whom are appointed by the Governor, a Minister or an
agency or instrumentality of the Crown; or
(ii)
subject to control or direction by a Minister; or
(g) a
person or body declared under subsection (3) to be a public
sector agency; or
(h) a
subsidiary of a Minister or a person or body referred to in a preceding
paragraph,
but does not include—
(i)
a person or body declared under an Act not to be part of
the Crown or not to be an agency or instrumentality of the Crown; or
(j) a
person or body declared under subsection (3) not to be a public
sector agency;
"public sector code of conduct" means the public sector code of conduct issued
by the Commissioner under Part 4;
"public sector employee" means a chief executive of an administrative unit or
an employee in an administrative unit or other employee
of a public sector agency;
"public sector principles" means the principles set out in section 5;
"public sector representative organisation" means an association registered
under the Fair Work Act 1994 or the Workplace Relations Act 1996 of the
Commonwealth that represents the interests of public sector employees;
"Public Service"—see Part 6;
"remuneration" means salary, allowances or other monetary benefits payable to
an employee;
"remuneration level" means the remuneration level fixed by a
public sector agency for an employee of the agency from a classification
structure in accordance with the appropriate determination of the Commissioner
under Part 4 or, if there is no applicable determination, has the meaning
assigned by the regulations;
"SAES" means the South Australian Executive Service constituted under Part 5;
"SAES charter"—see section 23;
"SAET" means the South Australian Employment Tribunal established under the
South Australian Employment Tribunal Act 2014 ;
"selection processes" means the processes by which applications are sought and
applicants selected for the purpose of employment in the public sector;
"subsidiary" has the same meaning as in the Corporations Act 2001 of the
Commonwealth;
"substantive remuneration level" of an employee of a public sector agency
means the remuneration level determined by the public sector agency in
accordance with the regulations to be the employee's substantive
remuneration level;
"term employee" means an employee engaged for a specified term or for the
duration of a specified project;
"whole-of-Government objectives" means objectives for Government that are
approved in Cabinet from time to time and relate to the functions or
operations of all or various public sector agencies.
(2) For the purposes
of this Act and any other Act or law—
(a) a
person employed in, or for the purposes of, an administrative unit is treated
as an employee employed by the chief executive (from time to time) of the unit
on behalf of the Crown; and
(b) a
person employed or appointed under another Act, on behalf of the Crown, by an
unincorporated public sector agency (including a chief executive of an
administrative unit) is treated as an employee of the agency (as constituted
from time to time); and
(c) a
change in the chief executive of an administrative unit or the person who
constitutes an unincorporated public sector agency will not affect the
continuity of employment of a person employed in, or for the purposes of, the
unit or by the agency.
(3) The Minister may,
by notice in the Gazette—
(a)
declare that a specified person or body is or is not a public sector agency
for the purposes of this Act; or
(b) vary
or revoke a notice under this subsection.
(4) For the purposes
of this Act, in determining whether a company is a subsidiary of a
public sector agency, any shares held, or powers exercisable by, the agency or
any other body are not to be taken to be held or exercisable in a fiduciary
capacity by reason of the fact that the agency is an instrumentality of the
Crown or holds its property on behalf of the Crown.