Tasmanian Bills Clause Notes Tasmanian Bills Clause Notes[Index] [Search] [Download] [Bill] [Help]
CLAUSE NOTES
STATE SERVICE AMENDMENT
(PERFORMANCE) 2011
Clause 1: Short Title
Clause 1 is a formal provision specifying the short tile of the
proposed Act.
Clause 2: Commencement
Clause 2 is a formal provision specifying that the Bill will
commence on the day that it is proclaimed.
Clause 3: Principal Act
Clause 3 identifies that the Principal Act is the State Service Act
2000.
Clause 4 Section 3 amended (Interpretation)
Clause 4 aids in the interpretation of this Amendment Bill by
defining the key term "performance management plan", which
is referred to consistently in the Amendment. The performance
management plan document details: what the expectations
are; how the evaluation is conducted; what information is used
to validate performance assessments; and that such assessments
must be fair and justified.
Clause 5 Section 7 amended (State Service Principles)
Clause 5 amends the Principal Act to identify the accountability,
expectation of performance, responsiveness to Government
priorities and quality service delivery required from officers and
employees employed within the State Service.
Amended Subclause (j) identifies that effective performance
management will be planned for and effectively promoted
across the State Service to ensure best effect. It also specifically
identifies that Heads of Agencies, officers and employees are
accountable for their work performance.
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Subclause (ja) sets out the expectation that officers and
employees will perform to the required standard identified in their
respective performance management plan. This is an important
element as it identifies performance expectation, and the
obligations of officers and employees.
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Clause 6 Section 34 amended (Functions and powers of Heads
of Agencies)
Clause 6 amends Section 34(1) - (g) of the Principal Act.
The new clause (g) identifies the requirement of all Heads of
Agencies to ensure a performance management plan is
developed in consultation with the officer or employee, and is in
accordance with the Agency's systems and procedures.
It clearly identifies that the performance management plan is
central to the assessment of work performance.
Subclause (ga) requires all Heads of Agencies to develop, and
implement, effective performance management activities in
order to assess officers' and employees' performance and,
where required, to develop their ability/competence to reach
agreed performance.
Subclause (i) places an obligation on Heads of Agencies to
enable officers and employees to undertake relevant training,
education and development activities that will assist them to
perform to the required level. The intent of the clause is to ensure
support structures are in place to provide for performance
success.
Clause 7 Section 36 amended (Annual Reports by Heads of
Agencies)
Clause 7 inserts an explicit requirement that an Agency
periodically assesses how effectively its performance systems are
operating as a tool for the assessment of work performance as
well as to ensure best work performance. This provides for
transparency and accountability.
Clause 8 Section 44 amended (Termination of employment of
officers and employees)
Clause 8 inserts a provision that allows for the termination of an
officer's or employee's employment on the grounds of
underperformance. The standards and requirements are
identified and agreed to in the performance management plan.
Clause 9 Part 7A inserted
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Part 7A Managing for Performance
Clause 9 inserts a new part, the intent of which is to identify the
roles and responsibilities of Heads of Agencies, officers and
employees in relation to performance, managing for
performance, underperformance and due process if termination
of employment is recommended.
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51A Role and responsibility of Head of Agency in relation to
managing for performance
Sub clause (1) provides that the Head of Agency is to ensure that
performance management programs and systems are
integrated into, and aligned with, their Agency's business
direction, systems and employment practices, thereby enabling
quality services delivery across the State Service.
Subclause (2) provides an obligation for the Head of Agency to
ensure that performance management programs and systems
are clearly focused to progress the Agency's business direction,
thereby contributing to quality service delivery across the State
Service.
Subclause (3) identifies the obligation that the Head of Agency is
to establish and implement effective performance management
programs and systems and to ensure development support is in
place. The intent of this is to manage for performance and to
establish a performance management culture.
51B Role and Responsibility of officers and employees in
participating in, and managing for, performance
Clause 51B identifies the expectations and obligations of officers
and employees in relation to: the performance management
plan; the achievement of performance identified in that plan;
the processes which will assist in achieving performance; and
why this is required. This expectation and obligation also equally
applies to those with supervisory and managerial responsibilities.
51C Underperformance, &c., of officer or employee
Clause 51(C)(1)(a)(b)(c) provides the power for the Minister
responsible for administering the State Service Act, through a
Ministerial Direction, to prescribe in more detail the responsibilities
and actions to be taken by the Head of Agency in relation to:
implementing and reporting on performance management; for
those officers and employees not achieving required
performance; and for those officers and employees that exceed
it.
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51(C) (2) provides the authority for the Head of Agency to
commence action in line with the Ministerial Direction for
underperformance of officers and employees.
51(C) (3)(a)(b)(c) provides for enacting decision making with
respect to underperforming officers and employees, describes
the action to be taken, and provides the timeframe for a
response.
51(C) (4) ensures that natural justice principles are adhered to
and imposes a condition for providing notice to the officer or
employee.
51(C) (5) enables the Head of Agency to take action to manage
a process in relation to the termination of employment of an
officer or employee.
10 Repeal of Act
Identifies the date for repeal.