State Service Act 2000


Tasmanian Crest
State Service Act 2000

An Act to provide for the establishment and management of the State Service and for other purposes

[Royal Assent 20 December 2000]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1.   Short title

This Act may be cited as the State Service Act 2000 .

2.   Commencement

This Act commences on a day to be proclaimed.

3.   Interpretation

(1)  In this Act, unless the contrary intention appears –
accumulation scheme has the same meaning as in the Public Sector Superannuation Reform Act 1999 ;
Agency means a Government department or a State authority or other organisation specified in Column 1 of Schedule 1 ;
appropriate Minister, when used in relation to an Agency, means the Minister for the time being administering that Agency;
award means an award, determination, decision, order or agreement in force under the Workplace Relations Act 1996 of the Commonwealth, the Industrial Relations Act 1984 or any other Act of the Commonwealth or of Tasmania which provides for the determination of conditions of employment of a person;
classification means assignment of a specified salary or salary level, or of a specified status, on a scale described in an award to duties in the State Service;
Code of Conduct means the conduct requirements specified in section 9 ;
Commissioner means the State Service Commissioner appointed and holding office under section 25 and, except in that section and section 26 , includes a person for the time being appointed to act as Commissioner in accordance with section 27 ;
Commissioner's Directions means the Directions issued by the Commissioner under section 20 ;
complying superannuation scheme has the same meaning as in the Public Sector Superannuation Reform Act 1999 ;
contributory scheme has the same meaning as in the Public Sector Superannuation Reform Act 1999 ;
employee means a permanent employee or a fixed-term employee, but does not include a person appointed to an office under section 25 or 31 or a person in respect of whom an arrangement under section 46(1)(a) is in force;
fixed-term employee means a person appointed for a specified term or for the duration of a specified task as referred to in section 37(3)(b) ;
functions includes duties;
Government department means a department established under section 11 ;
Head of Agency means the Head of an Agency referred to in section 30 ;
Ministerial Directions means the Directions issued by the Minister under section 14 ;
officer means a person appointed as a Head of Agency, to a prescribed office or as a senior executive under section 31 ;
permanent employee means a person appointed as a permanent employee as referred to in section 37(3)(a) ;
position means an allocation of duties in accordance with section 34(1)(c) ;
promotion means the assignment of duties to a permanent employee, other than for a specified period or for the duration of a specified task, which results in an employee obtaining a higher attainable maximum salary level than the salary level that the employee had immediately before the employee was assigned those duties;
regulations means regulations made and in force under this Act;
salary includes wages;
salary level means, if the salary is within a range of salary, the maximum salary in that range;
senior executive means a person appointed to an office created by the Premier under section 29(4) ;
State authority means a body or authority, whether incorporated or not, which is established or constituted by or under an Act or under the royal prerogative, being a body or authority which, or of which the governing authority, wholly or partly comprises a person or persons appointed by the Governor, a Minister or another State authority, but does not include a Government department;
State Service means the State Service referred to in section 6 ;
State Service Principles means the Principles in section 7 .
(2)  A note in the text of this Act does not form part of this Act.
(3)  In this Act, the term
this Act, except in sections 14 and 20 , includes Ministerial Directions and Commissioner's Directions issued under this Act.
(4)  A reference in this Act to employment, in relation to an employee, is a reference to employment in the State Service.
(5)  If there is an inconsistency between a provision of this Act and any other law in force in this State, other than an award, being a law that makes specific provision with respect to the appointment of a person to the State Service or the promotion of a permanent employee, an employee included in a class of employees or any matter relating to the employment of an employee, the provision of that law is to be read subject to the provision of this Act.

4.   Act binds Crown

This Act binds the Crown in right of Tasmania and, in so far as the legislative power of Parliament permits, in all its other capacities.

5.   Application of Act

(1)  Subject to this section, this Act applies to and in relation to officers and employees.
(2)  This Act does not apply to or in relation to –
(a) a person who is remunerated by fees, allowances or commission only; or
(b) a person who is employed in an honorary capacity only; or
(c) a person in respect of whom an arrangement under section 46(1)(a) is in force.
(3)  The Governor may, by order, declare that any specified provision or provisions of this Act do not apply to –
(a) persons specified in the order; or
(b) a class of persons specified in the order; or
(c) Agencies specified in the order; or
(d) positions or a class of positions specified in the order –
being persons to whom or Agencies or positions to which that provision or those provisions would have applied but for the order.
(4)  An order made under subsection (3) may be expressed to be in force for a period specified in the order, in which case the order is to be in force for the period so specified and then cease to have effect.
(5)  The provisions of section 47(3) , (3A) , (4) , (5) , (6) and (7) of the Acts Interpretation Act 1931 apply to an order made under subsection (3) as if the order were regulations.
PART 2 - The State Service

6.   Constitution of the State Service

The State Service consists of Heads of Agencies, holders of prescribed offices, senior executives and employees.

7.   State Service Principles

(1)  The State Service Principles are as follows:
(a) the State Service is apolitical, performing its functions in an impartial, ethical and professional manner;
(b) the State Service is a public service in which employment decisions are based on merit;
(c) the State Service provides a workplace that is free from discrimination and recognises and utilises the diversity of the community it serves;
(d) the State Service is accountable for its actions and performance, within the framework of Ministerial responsibility, to the Government, the Parliament and the community;
(e) the State Service is responsive to the Government in providing honest, comprehensive, accurate and timely advice and in implementing the Government's policies and programs;
(f) the State Service delivers services fairly and impartially to the community;
(g) the State Service develops leadership of the highest quality;
(h) the State Service establishes workplace practices that encourage communication, consultation, cooperation and input from employees on matters that affect their work and workplace;
(i) the State Service provides a fair, flexible, safe and rewarding workplace;
(j) the State Service focuses on managing its performance and achieving results;
(k) the State Service promotes equity in employment;
(l) the State Service provides a reasonable opportunity to members of the community to apply for State Service employment;
(m) the State Service provides a fair system of review of decisions taken in respect of employees.
(2)  For the purposes of subsection (1)(b) , a decision relating to appointment or promotion is based on merit if –
(a) an assessment is made of the relative suitability of the candidates for the duties; and
(b) the assessment is based on the relationship between the candidates' work-related qualities and the work-related qualities genuinely required for the duties; and
(c) the assessment focuses on the relative capacity of the candidates to achieve outcomes related to the duties; and
(d) the assessment is the primary consideration in making the decision.

8.   Heads of Agencies must promote State Service Principles

A Head of Agency must uphold, promote and comply with the State Service Principles.

9.   The State Service Code of Conduct

(1)  An employee must behave honestly and with integrity in the course of State Service employment.
(2)  An employee must act with care and diligence in the course of State Service employment.
(3)  An employee, when acting in the course of State Service employment, must treat everyone with respect and without harassment, victimisation or discrimination.
(4)  An employee, when acting in the course of State Service employment, must comply with all applicable Australian law.
(5)  For the purpose of subsection (4) ,
Australian law means –
(a) any Act (including this Act) or any instrument made under an Act; or
(b) any law of the Commonwealth or a State or Territory, including any instrument made under such a law.
(6)  An employee must comply with any standing orders made under section 34(2) and with any lawful and reasonable direction given by a person having authority to give the direction.
(7)  An employee must maintain appropriate confidentiality about dealings of, and information acquired by, the employee in the course of that employee's State Service employment.
(8)  An employee must disclose, and take reasonable steps to avoid, any conflict of interest in connection with the employee's State Service employment.
(9)  An employee must use Tasmanian Government resources in a proper manner.
(10)  An employee must not knowingly provide false or misleading information in connection with the employee's State Service employment.
(11)  An employee must not make improper use of –
(a) information gained in the course of his or her employment; or
(b) the employee's duties, status, power or authority –
in order to gain, or seek to gain, a gift, benefit or advantage for the employee or for any other person.
(12)  An employee who receives a gift in the course of his or her employment or in relation to his or her employment must declare that gift as prescribed by the regulations.
(13)  An employee, when acting in the course of State Service employment, must behave in a way that upholds the State Service Principles.
(14)  An employee must at all times behave in a way that does not adversely affect the integrity and good reputation of the State Service.
(15)  An employee must comply with any other conduct requirement that is prescribed by the regulations.
(16)  For the purposes of this section, a reference to an employee includes a reference to an officer and a reference to State Service employment includes a reference to an appointment as an officer and an arrangement made under section 46(1)(a) .

10.   Breaches of Code of Conduct

(1)  The Minister may impose one or more of the following sanctions on an employee who is found, under procedures established under subsection (3) , to have breached the Code of Conduct:
(a) counselling;
(b) a reprimand;
(c) deductions from salary by way of fine not exceeding 20 penalty units;
(d) reduction in salary within the range of salary applicable to the employee;
(e) reassignment of duties;
(f) reduction in classification;
(g) termination of employment in accordance with section 44 or 45 .
(2)  The Minister may delegate the power to impose any of the sanctions specified in subsection (1)(a) to (f) .
(3)  The Commissioner is to establish procedures for the investigation and determination of whether an employee has breached the Code of Conduct.
(4)  The procedures referred to in subsection (3)  –
(a) are to afford procedural fairness in the determination of whether an employee has breached the Code of Conduct; and
(b) may be different for different categories of employees; and
(c) may vary according to the circumstances of the alleged breach of the Code of Conduct.
(5)  An officer or an employee must not victimise, or discriminate against, another officer or employee because that officer or employee has reported breaches (or alleged breaches) of the Code of Conduct to the Commissioner or a Head of Agency.
PART 3 - Administrative arrangements and reorganisations

11.   Establishment of Government departments and State authorities as Agencies

(1)  The Governor may, on the recommendation of the Minister, by order –
(a) establish, abolish or change the name of a Government department or State authority; or
(b) restructure Government departments and State authorities.
(2)  For the purpose of subsection (1)(b) ,
restructure includes –
(a) amalgamating a Government department or State authority with another Government department or State authority; and
(b) amalgamating a part or parts of a Government department or State authority with another Government department or State authority; and
(c) amalgamating a part or parts of a Government department or State authority with a part or parts of another Government department or State authority –
but does not include restructuring which is wholly internal to a Government department or a State authority.
(3)  In subsections (1) and (2) , a reference to a State authority shall be read as a reference to that State authority in its capacity as an Agency for the purposes of this Act.

12.   Amendment to Schedule 1

(1)  The Governor may, by order, amend Column 1 of Schedule 1  –
(a) by omitting the name of any Agency; or
(b) by inserting the name of a Government department, State authority or other organisation; or
(c) where the name of an Agency is changed, by omitting the name of that Agency and substituting its new name.
(2)  The Governor may, by order, amend Column 2 of Schedule 1 by inserting, opposite the name of an Agency, the title or other description of an office or by omitting or amending that title or other description.
(3)  The Governor may, by order, omit Schedule 1 and substitute a Schedule containing in Column 1 the names of Agencies and containing in Column 2 the titles or other descriptions of offices.

13.   Administrative reorganisations

(1)  If the Governor is satisfied that it is necessary or desirable in order to give effect to a reallocation of activities from a State authority that is not an Agency to the State Service, the Governor may, by order, determine in writing that a person employed by a State authority that is not an Agency ceases to be employed by that authority and becomes an employee in a specified Agency.
(2)  The regulations may prescribe arrangements for determining any variation of the salary and conditions of employment applicable to persons who become employees under subsection (1) .
PART 4 - Powers of Minister

14.   Ministerial Directions

(1)  The Minister may issue Directions which relate to the administration of the State Service and which have effect according to their tenor unless they are inconsistent with or repugnant to other provisions of this Act.
(2)  Ministerial Directions may be issued under this section –
(a) so as to apply –
(i) to employees generally or to a specified class or classes of employees; and
(ii) to officers generally or to a specified class or classes of officers; and
(iii) generally or in a particular case or class of case or in particular cases or classes of cases; and
(iv) at all times or at a specified time or at specified times; and
(v) throughout the State or in a specified part or specified parts of the State; and
(vi) throughout the State Service or in a specified Agency or Agencies; and
(b) so as to require a matter affected by them to be –
(i) in accordance with a specified standard or specified requirement; or
(ii) as approved by, or to the satisfaction of, a specified person or body or a specified class of person or body; and
(c) so as to confer on a specified person or body or a specified class of person or body a discretionary authority; and
(d) so as to provide that, in a specified case or a specified class of case, whether on specified conditions or unconditionally, persons or things of a class, or classes of persons or things, may be exempted from the Ministerial Directions, either wholly or to such extent as is specified; and
(e) so as to –
(i) revoke earlier Ministerial Directions in whole or in part; or
(ii) revoke earlier Ministerial Directions in whole or in part, and substitute other Ministerial Directions for those which have been revoked; or
(iii) vary earlier Ministerial Directions.
(3)  In subsection (2) ,
specified means specified in the Ministerial Directions.
(4)  Ministerial Directions issued under this section are not statutory rules within the meaning of the Rules Publication Act 1953 .

15.   Request to Commissioner to conduct an investigation

In addition to such other powers as may be conferred on the Minister under this Act, the Minister may request the Commissioner to conduct an investigation into any matter which relates to the administration of the State Service.

16.   Appointments under other Acts

Where the Minister administering this Act is required in any other Act to make an appointment under this Act, the appointment is to be made by the Premier if the appointment is to an office created under section 29 or any prescribed office.
PART 5 - State Service Commissioner
Division 1 - Commissioner's functions, &c.

17.   State Service Commissioner

There is to be a State Service Commissioner.

18.   Functions of Commissioner

(1)  The Commissioner has the following functions:
(a) to take such steps as the Commissioner considers necessary to uphold, promote and ensure adherence to the State Service Principles;
(b) to determine practices, procedures and standards in relation to management of, and employment in, the State Service and to evaluate their application within Agencies;
(c) to provide advice to the Minister on any matter relating to the State Service;
(d) to consult with, and provide assistance to, Heads of Agencies in relation to the implementation of the State Service Principles and the Code of Conduct;
(e) to evaluate the adequacy of systems and procedures in Agencies for ensuring compliance with the Code of Conduct;
(f) to investigate alleged breaches of the Code of Conduct by Heads of Agencies and to report to the Premier on the results of such investigations;
(g) to undertake reviews applied for under section 50 ;
(h) to develop principles and standards to assist Heads of Agencies in evaluating the performance of employees and provide assistance to Heads of Agencies in the application of those principles and standards;
(i) to develop and coordinate training, education and development programs for the State Service;
(j) to develop and implement recruitment programs for the State Service;
(k) to develop classification standards and, where appropriate, procedures to enable Heads of Agencies to classify duties to be performed within the State Service and, where no classification standards have been developed, to approve the assignment of classifications to duties;
(l) to determine requirements, including qualifications, for the employment of employees or groups of employees in the State Service;
(m) to determine duties to be of a senior executive nature or equivalent specialist nature;
(n) to determine the period within which action arising under this Act may be taken by the Commissioner, an officer or an employee;
(o) such other functions as are imposed by or under this Act.
(2)  If the Commissioner is requested by the Minister under section 15 to conduct an investigation, the Commissioner is to conduct such an investigation and provide a report of the outcome of that investigation to the Minister.
(3)  The Commissioner, in performing the functions referred to in subsections (1) and (2) , is to act according to equity and good conscience.
(4)  The Commissioner is to keep a record of all employees showing such details as are prescribed.

19.   Powers of Commissioner

(1)  The Commissioner may do all things necessary or convenient to be done for or in connection with, or incidental to, the performance of the Commissioner's functions under this Act.
(2)  Without limiting subsection (1) , in addition to any power conferred on the Commissioner by any other provision of this Act, the Commissioner may, for the purpose of carrying out the Commissioner's functions under this Act –
(a) conduct such investigations as the Commissioner considers necessary for the purposes of this Act; and
(b) summon any person whose evidence appears to be material to any determination of the Commissioner; and
(c) take evidence on oath or affirmation and, for that purpose, administer oaths and affirmations; and
(d) subject to subsection (3) , require any person to produce documents or records in the person's possession or subject to the person's control that relate to matters of administration for the purposes of this Act.
(3)  The regulations may prescribe documents or records or classes of documents or records that a person is not required to produce under subsection (2)(d) .
(4)  A person, not being an employee, who, after payment to the person by the Commissioner of reasonable expenses, neglects or fails without reasonable cause to attend in obedience to a summons under subsection (2) , to be sworn or make an affirmation, to answer relevant questions or to produce any relevant documents or records when required to do so under that subsection is guilty of an offence.
Penalty:  Fine not exceeding 10 penalty units.
(5)  Nothing in this section is to be construed as compelling a person to answer a question or produce a document that may tend to incriminate the person.

20.   Commissioner's Directions

(1)  The Commissioner may issue Directions which relate to any of the Commissioner's functions under this Act and which have effect according to their tenor unless they are inconsistent with or repugnant to other provisions of this Act.
(2)  Commissioner's Directions may be issued under this section –
(a) so as to apply –
(i) to employees generally or to a specified class or classes of employees; and
(ii) to officers generally or to a specified class or classes of officers; and
(iii) generally or in a particular case or class of case or in particular cases or classes of cases; and
(iv) at all times or at a specified time or at specified times; and
(v) throughout the State or in a specified part or specified parts of the State; and
(vi) throughout the State Service or in a specified Agency or Agencies; and
(b) so as to require a matter affected by them to be –
(i) in accordance with a specified standard or specified requirement; or
(ii) as approved by, or to the satisfaction of, a specified person or body or a specified class of person or body; and
(c) so as to confer on a specified person or body or a specified class of person or body a discretionary authority; and
(d) so as to provide that, in a specified case or a specified class of case, whether on specified conditions or unconditionally, persons or things of a class, or classes of persons or things, may be exempted from the Commissioner's Directions, either wholly or to such extent as is specified; and
(e) so as to –
(i) revoke earlier Commissioner's Directions in whole or in part; or
(ii) revoke earlier Commissioner's Directions in whole or in part, and substitute other Commissioner's Directions for those which have been revoked; or
(iii) vary earlier Commissioner's Directions.
(3)  In subsection (2) ,
specified means specified in the Commissioner's Directions.
(4)  Commissioner's Directions issued under this section are not statutory rules within the meaning of the Rules Publication Act 1953 .

21.   Delegation by Commissioner

The Commissioner may delegate any of his or her functions or powers (other than this power of delegation and the power to issue Commissioner's Directions).

22.   Officers and employees to be made available to Commissioner

The Commissioner may, with the approval of the Minister, make arrangements with the Secretary of the Department for such officers and employees as the Commissioner considers necessary to be made available to the Commissioner to enable the Commissioner to perform and exercise the Commissioner's functions and powers.

23.   Reports by Commissioner

(1)  The Commissioner, on or before 30 November in each year, is to send to both Houses of Parliament a report on the performance or exercise of the Commissioner's functions or powers during the period of 12 months ending on 30 June in that year.
(2)  The Commissioner may, at any time, submit to the Minister a report with respect to any matter arising out of the performance or exercise of the Commissioner's functions or powers under this Act.

24.   Relationship with Ombudsman and other persons

(1)  The Commissioner is not empowered to determine a matter under section 51 that is within the jurisdiction of and is being dealt with by the Ombudsman, Tasmanian Industrial Commission or Anti-Discrimination Commissioner, or any other person or body that may be prescribed, until the matter has been dealt with.
(2)  The Commissioner may refer any matter arising under this Act to the Ombudsman, Tasmanian Industrial Commission or Anti-Discrimination Commissioner, or any other person or body that may be prescribed.
Division 2 - Commissioner's appointment, &c.

25.   Appointment, &c., of Commissioner

(1)  Subject to this section, the Governor may appoint a person to be known as the State Service Commissioner.
(2)  Subject to this Division, the Commissioner holds office for such term, not exceeding 5 years, as may be specified in the instrument of appointment and may from time to time be reappointed for a further term, not exceeding 5 years, as may be specified in the instrument of reappointment.
(3)  A person who is a member of a House of Parliament of the Commonwealth, or of a State or Territory of the Commonwealth, or a candidate for election as a member of such House of Parliament, is disqualified from being appointed to the office of Commissioner and, if a person holding that office becomes a candidate for election as such a member, that person vacates that office on becoming such a candidate.
(4)  For the purposes of subsection (3) , a person becomes a candidate for election as a member of a House of Parliament when nominated for that election in accordance with the law regulating the election.
(5)  The Commissioner is entitled to such remuneration and allowances as the Governor determines, and holds office subject to such terms and conditions as are specified in the instrument of his or her appointment.
(6)  The Commissioner is taken to be an employee for the purposes of the Long Service Leave (State Employees) Act 1994 .
(7)  Where a person is appointed as Commissioner –
(a) he or she is not eligible to become a member of the contributory scheme; and
(b) subject to subsection (8) , he or she is to be a member of the accumulation scheme; and
(c) references to an employee in the Public Sector Superannuation Reform Act 1999 are to include references to the Commissioner.
(8)  The Commissioner may elect, either before or after commencing duties of that office, to become a member of a complying superannuation scheme other than the accumulation scheme.
(9)  Subsections (7) and (8) do not apply to a person who, immediately before his or her appointment as Commissioner, was a contributor to the contributory scheme.

26.   Vacation of office of Commissioner

(1)  A person holding the office of Commissioner is taken to have vacated that office –
(a) on resignation from office under subsection (2) ; or
(b) on removal from office in accordance with subsection (3) .
(2)  A person holding the office of Commissioner may at any time resign office by notice in writing delivered to the Governor.
(3)  The Governor may remove the Commissioner from office if the Governor receives resolutions from both Houses of Parliament requesting that the Commissioner be so removed.
(4)  The Governor may suspend the Commissioner from office if the Governor is satisfied that the Commissioner –
(a) except by reason of temporary illness, is incapable of performing, or is inadequately performing, the functions of that office; or
(b) has become bankrupt, has applied to take or has taken advantage of any law for the relief of bankrupt or insolvent debtors, has compounded with creditors or has made an assignment of any part of the Commissioner's estate for their benefit; or
(c) has been convicted of a crime or an offence in Tasmania which is punishable by imprisonment for a term of 6 months or more, or has been convicted elsewhere than in Tasmania of a crime or an offence which, if committed in Tasmania, would be a crime or an offence so punishable; or
(d) has been guilty of misconduct in relation to the performance of the Commissioner's functions; or
(e) has breached a provision specified in the Commissioner's instrument of appointment.
(5)  If the Commissioner has been suspended from office under subsection (4) , the Commissioner is to be restored to office unless –
(a) a statement of the grounds of the suspension is laid before each House of Parliament during the first 7 sitting days of that House following the suspension; and
(b) each House of Parliament, within 30 sitting days after that statement is so laid, passes a resolution requesting the Governor to remove that person from office.

27.   Acting Commissioner

(1)  The Governor may appoint a person as Acting Commissioner –
(a) if there is a vacancy in the office of Commissioner; or
(b) for any period when the Commissioner is absent from duty or is, for any reason, unable to perform the duties of office.
(2)  All things done or omitted to be done by the Acting Commissioner are as valid, and have the same consequences, as if they had been done or omitted to be done by the Commissioner.
(3)  A person is not to be appointed as Acting Commissioner for a period exceeding 12 months.
(4)  A person who is a member of a House of Parliament of the Commonwealth, or of a State or Territory of the Commonwealth, or a candidate for election as a member of such House of Parliament, is disqualified from being appointed to the office of Acting Commissioner and, if a person holding that office becomes a candidate for election as such a member, that person vacates that office on becoming such a candidate.
(5)  For the purpose of subsection (4) , a person becomes a candidate for election as a member of a House of Parliament when nominated for that election in accordance with the law regulating the election.
(6)  The Acting Commissioner is entitled to such remuneration and allowances as the Governor determines and holds office subject to such terms and conditions of service as the Governor determines.
(7)  The Governor may at any time terminate the appointment of a person as Acting Commissioner without notice.
(8)  The Acting Commissioner may at any time resign office by notice in writing delivered to the Governor.

28.   Immunity of Commissioner

The Commissioner has, in performing his or her functions under this or any other Act, the same protection as a judge of the Supreme Court.
PART 6 - Heads of Agencies, holders of prescribed offices and Senior Executives

29.   Creation of certain offices of Head of Agency and senior executive

(1)  Each office of Head of Agency specified in Column 2 of Division 1 of Part 1 of Schedule 1 is taken to be created by virtue of this Act.
(2)  If Column 2 of Division 1 of Part 1 of Schedule 1 is amended by the omission of the title or other description of an office, that office of Head of Agency is taken to be abolished by virtue of this Act.
(3)  If Column 2 of Division 1 of Part 1 of Schedule 1 is amended by amending the title or other description of an office of Head of Agency, the title or other description of that office is taken to be amended by virtue of this Act.
(4)  If the Commissioner has determined duties to be of a senior executive nature or equivalent specialist nature, the Premier may create an office to enable those duties to be performed.
(5)  The Premier may abolish an office created under subsection (4) .

30.   Heads of Agencies

The person holding the office specified in Column 2 of Schedule 1 opposite the name of an Agency in Column 1 of that Schedule is, for the purposes of this Act, the Head of that Agency.

31.   Appointment, &c., of officers

(1)  The Premier, on behalf of the Crown, may appoint a person as an officer to a vacancy –
(a) in an office created under section 29 ; or
(b) in any prescribed office.
(2)  The Premier may delegate the power to appoint a person to an office created under section 29(4) .
(3)  The provisions of this Act (other than Division 1 of Part 7 and sections 47 and 50(1)(a) ) apply to a person appointed under subsection (1) as a senior executive as if that person were an employee.
(4)  An officer –
(a) holds office for such period as is specified in his or her instrument of appointment; and
(b) is entitled to such remuneration and allowances as are specified in his or her instrument of appointment; and
(c) is taken to be an employee for the purposes of the Long Service Leave (State Employees) Act 1994 ; and
(d) holds office on such terms and conditions with respect to matters not provided for in this Act in relation to officers as are specified in the instrument of appointment.
(5)  A person who is a member of a House of Parliament of the Commonwealth, or of a State or Territory of the Commonwealth, or a candidate for election as a member of such House of Parliament, is disqualified from being appointed to an office created under section 29 and, if a person holding such an office becomes a candidate for election as such a member, that person vacates that office on becoming such a candidate.
(6)  For the purposes of subsection (5) , a person becomes a candidate for election as a member of a House of Parliament when nominated for that election in accordance with the law regulating the election.
(7)  If a person is appointed as an officer –
(a) he or she is not eligible to become a member of the contributory scheme; and
(b) subject to subsection (8) , he or she is to be a member of the accumulation scheme; and
(c) references to an employee in the Public Sector Superannuation Reform Act 1999 are to be read as references to the person.
(8)  An officer may elect, either before or after commencing duties of his or her office, to become a member of a complying superannuation scheme other than the accumulation scheme.
(9)  Subsections (7) and (8) do not apply to a person who, immediately before his or her appointment as an officer, was a contributor to the contributory scheme.
(10)  An officer is to comply with any Ministerial Directions and Commissioner's Directions that relate to that officer.

32.   Termination of office of certain Heads of Agencies, holders of prescribed offices and senior executives

(1)  The Premier may terminate the appointment of an officer in accordance with the provisions specified in that person's instrument of appointment.
(2)  The Premier may delegate the power to terminate the appointment of a senior executive.

33.   Transfer of certain Heads of Agencies and senior executives

(1)  The Premier may transfer a person appointed to an office specified in Division 1 of Part 1 of Schedule 1 to any other office specified in that Division.
(2)  The Premier may transfer a senior executive from an office created under subsection (4) of section 29 to another office created under that subsection.
(3)  The Premier may delegate the power to transfer a senior executive.
(4)  A person transferred under subsection (1) or (2) is to receive a salary level not less than the salary level he or she received immediately before the transfer.

34.   Functions and powers of Heads of Agencies

(1)  Subject to any Ministerial Directions and Commissioner's Directions, the functions of a Head of Agency are –
(a) to ensure that the Agency is operated as effectively, efficiently and economically as is practicable; and
(b) to determine duties to be performed by employees; and
(c) to allocate duties to positions and to vary such duties; and
(d) to assign a classification to duties to be performed in that Agency and to vary such a classification –
(i) in accordance with award requirements; and
(ii) in accordance with classification standards and procedures determined by the Commissioner or, where no such standards or procedures have been determined, with the approval of the Commissioner; and
(e) to assign duties to each employee within that Agency and to vary those duties; and
(f) to ensure that the services of employees in that Agency are used as effectively and efficiently as is practicable; and
(g) to develop and implement systems to evaluate the performance of employees in that Agency to ensure that the duties of employees are performed effectively and efficiently; and
(h) to develop and implement a workplace diversity program to assist in giving effect to the State Service Principles; and
(i) to assist employees in that Agency to undertake such training, education and development programs as are necessary to ensure the effective and efficient performance of the duties assigned to them; and
(j) to develop and implement an internal grievance resolution system in the Agency; and
(k) such other functions as are imposed on the Head of Agency by or under this Act.
(2)  A Head of Agency may, with the approval of the Minister, make standing orders for the purposes of the administration and operation of the Agency.

35.   Delegation

A Head of Agency may delegate any of his or her functions or powers under this Act or any other Act (other than this power of delegation).

36.   Annual reports by Heads of Agencies

(1)  Each Head of Agency, in each year, is to submit to the appropriate Minister a report, in a form approved by the Minister after consultation with the Treasurer, for the period of 12 months that ended on the last preceding 30 June (or such other period of 12 months as may be prescribed) relating to –
(a) the performance of the functions and the exercise of the powers of the Head of Agency under this Act; and
(b) the performance of the functions and the exercise of the powers of –
(i) any statutory office the holder of which is employed in or attached to that Agency; or
(ii) any State authority attached to that Agency; and
(c) such other matters as may be prescribed.
(2)  A report required to be submitted under subsection (1) is to be combined in a single document with a report required to be made under section 27(1) of the Financial Management and Audit Act 1990 so as to form an annual report.
(3)  Notwithstanding subsection (1) , the report of a Head of Agency is not to contain any matter that is required under any other enactment to be submitted to a Minister by the holder of a statutory office employed in or attached to that Agency or by any State authority attached to that Agency.
(4)  In each year, the appropriate Minister is to, on or before 30 November or such other date as may be prescribed, cause a copy of the report referred to in subsection (1) to be laid on the table of each House of Parliament.
(5)  A date prescribed for the purposes of subsection (4) is to be determined after consultation with the Minister responsible for the administration of the Financial Management and Audit Act 1990 and is to be a date not later than 5 months after the end of the period of 12 months prescribed under subsection (1) .
(6)  If the appropriate Minister is unable to comply with subsection (4) by reason of the fact that either House of Parliament is not sitting, the appropriate Minister, on 30 November or such other date as is prescribed under subsection (4) , as the case may require, is to –
(a) forward a copy of the report referred to in subsection (1) to the Clerk of the Legislative Council and the Clerk of the House of Assembly; and
(b) make the report available to the public –
and, within the next 7 sitting days of that House, is to cause a copy of the report to be laid before that House.
(7)  If 30 November or such other date as is prescribed under subsection (4) is a Sunday or any day which is a bank holiday or a public holiday throughout the State, which days are in this section referred to as excluded days, subsection (6) is taken to be complied with if a copy of the report is forwarded to the Clerk of the Legislative Council and the Clerk of the House of Assembly, and is made available to the public, on the next day afterwards, not being an excluded day.
(8)  The regulations may prescribe different periods of 12 months for the purposes of subsection (1) in relation to different Heads of Agencies, different Agencies and different parts of Agencies.
PART 7 - State Service Employees
Division 1 - Appointment, promotion, transfer and termination

37.   Appointment and promotion of employees

(1)  The appointment of a person as an employee or the promotion of a permanent employee –
(a) is to be based on merit and made in accordance with the Commissioner's Directions; and
(b) is to be made by the Minister on behalf of the Crown.
(2)  The Minister may delegate the Minister's power of appointment of persons or promotion of permanent employees.
(3)  The appointment of a person as an employee is to be –
(a) as a permanent employee; or
(b) for a specified term or for the duration of a specified task.
(4)  The Minister, on the recommendation of the Commissioner, may change the employment status of an employee from a fixed-term employee to a permanent employee.
(5)  A person is not to be appointed as an employee or a permanent employee is not to be promoted unless he or she possesses such qualifications and meets such other requirements as are determined by the Commissioner as being required for the duties to which the appointment or promotion relates.
(6)  The Commissioner is to determine conditions of probation for employees including the duration of probation either generally or for specific categories of employees.
(7)  The appointment of a person as a permanent employee is to be on probation unless otherwise determined by the Commissioner.

38.   Terms and conditions of employment of employees

(1)  The terms and conditions of employment of employees are to be those specified in an award relating to persons engaged in the work for which they are employed or, if no such award is in force, are to be determined by the Minister.
(2)  The salary of a permanent employee is not to be reduced –
(a) without the employee's consent; or
(b) unless in accordance with section 10 , 47 or 48 .
(3)  If a permanent employee is appointed as an officer or for a specified term or for the duration of a specified task, the employee is entitled to retain all existing and accruing rights with respect to leave as if the employee's service as an officer or for the specified term or for the duration of the specified task were a continuation of the employee's service as a permanent employee.
(4)  A person appointed as an officer, or for a specified term or for the duration of a specified task, whose appointment is not renewed or whose appointment is terminated before the expiration of the specified term or the duration of the specified task may, subject to subsection (5) , by notice in writing served on the Commissioner, elect, within 14 days after the termination or expiration, to be reappointed as a permanent employee.
(5)  A person referred to in subsection (4) may only make an election if, immediately before his or her first appointment as an officer or for a specified term or for the duration of a specified task, the person was a permanent employee and has since that appointment been continuously appointed as an officer or for a specified term or for the duration of a specified task.
(6)  A person who elects under subsection (4) to be reappointed as a permanent employee is taken to be a permanent employee in the Agency in which the employee was appointed immediately before the employee so elected.
(7)  A person who is taken to be a permanent employee under subsection (6) is entitled to be paid a salary not less than the salary which the person would have been entitled to be paid if the person had remained at the classification applicable to the person's appointment as a permanent employee immediately before his or her appointment as an officer or as a fixed-term employee.

39.   Procedure for appointments and promotions

(1)  If a Head of Agency requires duties to be performed in an Agency by the appointment of a person or the promotion of a permanent employee under section 37 to perform those duties, the Head of Agency is to advertise those duties in accordance with the Commissioner's Directions unless the Commissioner otherwise determines.
(2)  If the classification assigned to duties is varied in accordance with section 34(1)(d) , those duties are taken not to be assigned to an employee and are to be dealt with in accordance with subsection (1) .
(3)  The Head of Agency is to select, in accordance with the State Service Principles, a person or employee to perform the duties referred to in subsection (1) or (2) .
(4)  The Minister, subject to the outcome of an application for a review under section 50(1)(a) , is to appoint or promote under section 37(1) the person or employee selected by the Head of Agency to perform the duties.
(5)  If an employee has made application for a review to the Commissioner under section 50(1)(a) and the Commissioner directs under section 51 that the selection be undertaken again, no appointment is to be made under subsection (4) until that direction is complied with.

40.   Request by Head of Agency to promote permanent employee without advertising

(1)  Without limiting the Commissioner's discretion under subsection (1) of section 39 , the Commissioner may determine that duties not be advertised in accordance with that subsection if the Commissioner is satisfied that –
(a) it is the appropriate course of action in the circumstances; and
(b) not advertising those duties is consistent with section 7(1)(b) .
(2)  If a Head of Agency intends to request the Commissioner to exercise discretion in relation to not advertising duties under subsection (1) , other than duties to be performed for a specified term or for the duration of a specified task, the Head of Agency, with the approval of the Commissioner, is to notify that intention in the Gazette.
(3)  An employee aggrieved by the Head of Agency's intention to make a request under subsection (2) may make application to the Commissioner for a review in accordance with section 50(1)(b) .
(4)  If the Commissioner determines an application for a review in favour of the employee who made the application, the Head of Agency is not to request the Commissioner to exercise discretion in relation to not advertising the relevant duties under subsection (1) .

41.   Voluntary transfers between Agencies

(1)  A Head of Agency may, with the agreement in writing of an employee, transfer the employee to the Head's Agency from another Agency at a salary level not higher than the salary level of the employee before the transfer.
(2)  A Head of Agency may enter into an agreement in writing with an employee for the employee to transfer to the Head's Agency for a specified period.
(3)  A transfer under subsection (2) is to be made with the agreement of the Head of the Agency in which the employee was employed immediately before the transfer.
(4)  Subject to the Commissioner's Directions, an agreement under this section has effect according to its terms, by force of this section.

42.   Compulsory transfers between Agencies

(1)  Subject to subsection (2) , the Minister may transfer an employee from an Agency to another Agency to undertake duties having a similar salary level.
(2)  The Minister may not transfer an employee from an Agency to another Agency to undertake duties having a lower salary level unless the employee has consented in writing to such a transfer.
(3)  In transferring an employee under subsection (1) , the Minister is to –
(a) have regard to the knowledge, skills, qualifications and experience of the employee; and
(b) be satisfied that the employee can reasonably be required to perform the duties to which the employee is to be transferred.
(4)  The Minister may delegate the power to transfer an employee from an Agency to another Agency.

43.   Suspension

The regulations may make provision in relation to the suspension from duties of employees, with or without salary.

44.   Termination of employment of permanent employees

(1)  The Minister may at any time, by notice in writing, terminate the employment of a permanent employee.
(2)  The notice is to specify the ground or grounds that are relied on for the termination.
(3)  The following are the only grounds for termination:
(a) that the permanent employee is found under section 10 to have breached the Code of Conduct;
(b) that the Head of Agency has requested the Minister under section 47(11) to terminate the employment of the permanent employee;
(c) that the permanent employee is found under section 48 to be unable to efficiently and effectively perform the duties assigned to that employee;
(d) any other ground prescribed by the regulations.
(4)  The Minister may, by instrument in writing, delegate to a Head of Agency, on such terms and conditions as the Minister may determine, the Minister's power of termination of permanent employees.
(5)  The Minister may, by instrument in writing, revoke wholly or in part or vary a delegation made under this section.
(6)  The power of termination delegated to a Head of Agency when exercised by the Head of Agency is taken to have been exercised by the Minister.

45.   Termination of employment of fixed-term employees

(1)  The Minister may at any time, by notice in writing, terminate the employment of a fixed-term employee in accordance with the terms and conditions under which the employee is appointed.
(2)  The Minister may delegate the power to terminate the employment of fixed-term employees.
Division 2 - Secondment and redeployment

46.   Arrangements relating to secondment of persons

(1)  If the Commissioner considers it is in the public interest to do so, the Commissioner, with the agreement of the Head of Agency and, where relevant, an employee, may make an arrangement for –
(a) a person who is not an employee to undertake duties in the Agency; or
(b) an employee to undertake duties with an organisation that is not an Agency.
(2)  An arrangement under subsection (1) may provide for such matters as the parties to the arrangement consider appropriate.
(3)  If a person who enters into an arrangement under subsection (1) is an employee within the meaning of the Long Service Leave (State Employees) Act 1994 , the period to which the arrangement relates is taken to be service for the purposes of that Act.
(4)  If a person who enters into an arrangement under subsection (1) is –
(a) contributing to the contributory scheme, regulation 109 of the Retirement Benefits Regulations 1994 has effect; or
(b) a member of a complying superannuation scheme, other than the contributory scheme, employer superannuation contributions are to be specified in the arrangement.
(5)  An arrangement under subsection (1) may be terminated, or its terms and conditions varied, in accordance with the terms and conditions of that arrangement.
(6)  In this section,
parties means –
(a) in the case of an arrangement under subsection (1)(a) , the Commissioner, the person and the Head of Agency; and
(b) in the case of an arrangement under subsection (1)(b) , the Commissioner, the employee to whom the arrangement relates, the Head of Agency and the organisation.

47.   Redeployment

(1)  If a Head of Agency considers a permanent employee employed in the Agency to be surplus to the requirements of the Agency, the Head of Agency is to –
(a) advise the employee, in writing, of the Head of Agency's intention to recommend to the Commissioner that the employee be made available for redeployment and the reasons for that intention; and
(b) request the employee to provide a response, within 14 days of being so advised, to the Head of Agency.
(2)  At the expiration of the period of 14 days referred to in subsection (1) , if the Head of Agency, after considering the employee's response (if any), decides that the employee is surplus to the requirements of the Agency, the Head of Agency may recommend to the Commissioner that the employee be made available for redeployment.
(3)  When making a recommendation under subsection (2) , the Head of Agency is to forward any employee's response referred to in subsection (1)(b) to the Commissioner.
(4)  If the Commissioner accepts the recommendation, the Commissioner is to take such action as the Commissioner considers reasonable and practicable to identify duties in the State Service which could be assigned to the employee.
(5)  The Commissioner may assign duties in the State Service to the employee –
(a) having regard to the aptitude, knowledge, skills, qualifications and experience of the employee; and
(b) if the Commissioner is satisfied that the employee can reasonably be required to perform the relevant duties.
(6)  If the Commissioner has indicated to a Head of Agency his or her intention to assign duties to an employee under subsection (5) , the Head of Agency is not to assign those duties without the approval of the Commissioner.
(7)  An employee who is assigned duties under subsection (5) is to be paid, for a period of 12 months from the day on which the employee is assigned those duties, a salary not less than the salary which the employee was paid before being so assigned those duties.
(8)  After the expiration of the 12 month period referred to in subsection (7) , the employee is to be paid the salary applicable to the classification in respect of the duties which have been assigned to the employee.
(9)  During the period between the date on which the Commissioner accepts the recommendation of the Head of Agency for redeployment and the date on which the employee is assigned duties by the Commissioner or the date on which the Commissioner advises the Head of Agency of the Commissioner's inability to effect the redeployment, whichever is the earlier, the Head of Agency must ensure that the services of the employee are used as effectively and efficiently as is practicable.
(10)  If the Commissioner is unable to assign duties to the employee within a period of 12 months from the day on which the Commissioner accepts the recommendation of the Head of Agency under subsection (4) , the Commissioner must notify, in writing, the Head of Agency of the Commissioner's inability to do so.
(11)  If the Commissioner notifies the Head of Agency of the Commissioner's inability to assign duties to the employee, the Head of Agency may request the Minister to terminate the employment of the employee in accordance with section 44(3)(b) .
(12)  During the period referred to in subsection (9) , the Commissioner may suspend that period for such term as the Commissioner determines.
Division 3 - Inability to perform duties

48.   Inability of employees to perform duties

(1)  The Minister may take one or more of the following actions in relation to an employee who is found, under procedures established under subsection (3) , to be unable to efficiently and effectively perform the duties assigned to the employee:
(a) direct appropriate counselling;
(b) direct appropriate retraining;
(c) reduce salary within the range of salary applicable to the employee;
(d) reassign duties;
(e) reduce classification;
(f) terminate employment in accordance with section 44 or 45 .
(2)  The Minister may delegate the power to take any of the actions specified in subsection (1)(a) to (e) .
(3)  The Commissioner is to establish procedures for the investigation and determination of whether an employee is able to efficiently and effectively perform the duties assigned to the employee.
(4)  The procedures referred to in subsection (3)  –
(a) are to afford procedural fairness in the determination of whether an employee is able to efficiently and effectively perform the duties assigned to the employee; and
(b) may be different for different categories of employees; and
(c) may vary according to the circumstances in which the employee is alleged to be unable to efficiently and effectively perform the duties assigned to the employee.
Division 4 - Review of actions

49.   Interpretation of Division 4

In this Division –
action includes a refusal or failure to act;
State Service action means action by an officer or an employee but does not include an action to make an appointment under section 31(1) .

50.   Review of actions

(1)  Subject to subsections (2) and (3) , an employee is entitled to make application to the Commissioner for a review, in accordance with the Commissioner's Directions –
(a) of the selection of a person or an employee to perform duties other than duties to be performed for a specified term or for the duration of a specified task; or
(b) of any other State Service action that relates to his or her employment in the State Service.
(2)  An employee is not entitled to make an application for a review under subsection (1)(a) if that employee was not an applicant for the duties to which the appointment or promotion relates.
(3)  An employee is not entitled to make an application for a review under subsection (1)(b) in respect of the termination of the employee's employment.

Note. Disputes in relation to the decision to terminate employment are to be dealt with by the appropriate industrial tribunal.

51.   Determination of a review

(1)  The procedure for a review is to be determined by the Commissioner.
(2)  The procedure determined by the Commissioner may provide for an internal review to be conducted within the Agency in which the State Service action was taken before the conduct of the review by the Commissioner.
(3)  The procedure referred to in subsection (1)  –
(a) is to afford procedural fairness; and
(b) may be different for different categories of employees; and
(c) may vary according to the circumstances in which the State Service action occurred.
(4)  Before the determination of the application for a review, the Commissioner may direct the Head of Agency to take such action relating to the subject matter of the review as the Commissioner considers to be appropriate.
(5)  If the Commissioner is of the opinion that an application for a review is frivolous or vexatious, the Commissioner may refuse to undertake the review and dismiss the application.
(6)  In the determination of an application for a review, the Commissioner may –
(a) refuse to grant the application for a review and, if appropriate, direct the Head of Agency to take such action as the Commissioner considers appropriate; or
(b) in the case of an application for a review under section 50(1)(a) , grant the application and direct the Head of Agency to undertake again the selection in accordance with section 39 and undertake such other requirements as are imposed by the Commissioner; or
(c) in the case of an application for a review under section 50(1)(b) , grant the application and recommend or direct the Minister or the Head of Agency or any person to whom the powers of the Minister or the Head of Agency have been delegated, to take such action as the Commissioner considers appropriate.
(7)  The determination of the Commissioner in respect of an application for a review is final.
PART 8 - Miscellaneous

52.   Public notification

A Head of Agency is to cause notice to be published in the Gazette, within such period as the Commissioner determines, of all actions relating to employment as may be prescribed and the notice is conclusive evidence of every such action.

53.   Holidays

(1)  Every statutory holiday specified for the whole State under the Statutory Holidays Act 2000 is to be a holiday throughout the State Service.
(2)  A day or part of a day specified as a statutory holiday in any part of Tasmania under the Statutory Holidays Act 2000 is to be kept as a holiday or part holiday in all offices of the State Service situated within that part.
(3)  The Minister may at any time appoint any specified day or specified part of a day to be kept as a holiday or part holiday in the offices of the State Service or in the offices of the State Service in any part of Tasmania.
(4)  The Minister or a Head of Agency may require an Agency or part of any Agency to be kept open in the public interest for the whole or any portion of a holiday, and may require the attendance and service of any employee of the Agency during any such holiday.
(5)  If an employee has been required by the Minister or the Head of Agency to be in attendance at that Agency during any holiday, the employee is to be granted a holiday on such other occasion as the Minister or Head of Agency determines.

54.   Fines

(1)  If a fine is imposed on an employee under this Act, the employee is to pay the amount of the fine to the Treasurer in such manner and within such period as may be agreed between the employee and the Treasurer or, if no agreement is reached between the employee and the Treasurer, in such manner and within such time as the Treasurer may determine.
(2)  If an employee or a former employee fails to make a payment in accordance with the agreement or as determined by the Treasurer, the amount of the fine unpaid may be recovered by the Treasurer in a court of competent jurisdiction as a debt due to the Crown.
(3)  All fines imposed, and all fees received, under this Act are to be paid into and form part of the Consolidated Fund.

55.   Regulations

(1)  The Governor may make regulations for the purposes of this Act.
(2)  Without limiting subsection (1) , regulations may be made for or in relation to any of the following:
(a) the specification of terms and conditions of employment of officers and employees;
(b) the payment of, and deduction from, salaries, wages and allowances of officers and employees;
(c) the circumstances in which, and the conditions subject to which, the employment of officers and employees may be terminated;
(d) the establishment of review panels to determine, under delegation from the Commissioner, a review pursuant to section 51 .
(3)  The regulations may be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations.
(4)  The regulations may authorise any matter to be from time to time determined, applied or regulated by the Minister, the Commissioner or a Head of Agency.

56.   Administration of Act

Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990  –
(a) the administration of this Act is assigned to the Premier; and
(b) the department responsible to the Premier in relation to the administration of this Act is the Department of Premier and Cabinet.

57.   Orders revoked

Any orders made under section 5 , 6 or 24 of the Tasmanian State Service Act 1984 and in existence immediately before the commencement of this Act are revoked.

58.   Acts repealed

The Acts specified in Schedule 2 are repealed.

59.   Statutory Rules rescinded

The Statutory Rules specified in Schedule 3 are rescinded.
SCHEDULE 1 - Agencies

Sections 3(1) , 12 , 29 and 30

PART 1 - Government departments

Column 1

Column 2

Agency

Head of Agency

Division 1

Department of Health and Human Services

Secretary

Department of Education

Secretary

Department of Primary Industries, Water and Environment

Secretary

Department of Justice and Industrial Relations

Secretary

Department of Police and Public Safety

Secretary

Department of Premier and Cabinet

Secretary

Department of Treasury and Finance

Secretary

Department of Infrastructure, Energy and Resources

Secretary

Department of State Development

Secretary

Division 2

Tasmanian Audit Office

Auditor-General

PART 2 - State authorities

Column 1

Column 2

Agency

Head of Agency

Egg Marketing Board

Chairperson of the Egg Marketing Board

Port Arthur Historic Site Management Authority

Chief executive officer

Retirement Benefits Fund Board

President of the Retirement Benefits Fund Board

Rivers and Water Supply Commission

Chairperson of the Rivers and Water Supply Commission

TAFE Tasmania

Chief executive officer

Tasmanian Dairy Industry Authority

Chairperson of the Tasmanian Dairy Industry Authority

Tasmanian Grain Elevators Board

Chairperson of the Tasmanian Grain Elevators Board

The Public Trustee

Chairperson of The Public Trustee

SCHEDULE 2 - Acts repealed

Section 58

SCHEDULE 3 - Statutory Rules rescinded

Section 59

Tasmanian State Service (Agency Reporting) Regulations 1990 (No. 123 of 1990)

Tasmanian State Service (Public Service Rescission) Regulations 1985 (No. 219 of 1985)

Tasmanian State Service Regulations 1985 (No. 216 of 1985)

Tasmanian State Service Amendment Regulations 1986 (No. 81 of 1986)

Tasmanian State Service Amendment Regulations (No. 2) 1986 (No. 101 of 1986)

Tasmanian State Service Amendment Regulations (No. 3) 1986 (No. 296 of 1986)

Tasmanian State Service Amendment Regulations (No. 4) 1986 (No. 297 of 1986)

Tasmanian State Service Amendment Regulations 1987 (No. 67 of 1987)

Tasmanian State Service Amendment Regulations (No. 2) 1987 (No. 76 of 1987)

Tasmanian State Service Amendment Regulations (No. 3) 1987 (No. 204 of 1987)

Tasmanian State Service Amendment Regulations (No. 4) 1987 (No. 223 of 1987)

Tasmanian State Service Amendment Regulations 1988 (No. 58 of 1988)

Tasmanian State Service Amendment Regulations (No. 2) 1988 (No. 59 of 1988)

Tasmanian State Service Amendment Regulations (No. 3) 1988 (No. 89 of 1988)

Tasmanian State Service Amendment Regulations (No. 4) 1988 (No. 134 of 1988)

Tasmanian State Service Amendment Regulations (No. 5) 1988 (No. 145 of 1988)

Tasmanian State Service Amendment Regulations (No. 6) 1988 (No. 179 of 1988)

Tasmanian State Service Amendment Regulations (No. 7) 1988 (No. 192 of 1988)

Tasmanian State Service Amendment Regulations (No. 8) 1988 (No. 215 of 1988)

Tasmanian State Service Amendment Regulations (No. 9) 1988 (No. 240 of 1988)

Tasmanian State Service Amendment Regulations 1989 (No. 77 of 1989)

Tasmanian State Service Amendment Regulations (No. 2) 1989 (No. 78 of 1989)

Tasmanian State Service Amendment Regulations (No. 3) 1989 (No. 100 of 1989)

Tasmanian State Service Amendment Regulations (No. 4) 1989 (No. 118 of 1989)

Tasmanian State Service Amendment Regulations (No. 5) 1989 (No. 120 of 1989)

Tasmanian State Service Amendment Regulations (No. 6) 1989 (No. 128 of 1989)

Tasmanian State Service Amendment Regulations (No. 7) 1989 (No. 152 of 1989)

Tasmanian State Service Amendment Regulations 1990 (No. 22 of 1990)

Tasmanian State Service Amendment Regulations (No. 2) 1990 (No. 41 of 1990)

Tasmanian State Service Amendment Regulations (No. 3) 1990 (No. 71 of 1990)

Tasmanian State Service Amendment Regulations (No. 4) 1990 (No. 213 of 1990)

Tasmanian State Service Amendment Regulations 1992 (No. 34 of 1992)

Tasmanian State Service Amendment (Appeals) Regulations 1992 (No. 94 of 1992)

Tasmanian State Service Amendment Regulations (No. 2) 1992 (No. 95 of 1992)

Tasmanian State Service Amendment Regulations (No. 3) 1992 (No. 170 of 1992)

Tasmanian State Service Amendment (Appeals) Regulations 1993 (No. 56 of 1993)

Tasmanian State Service Amendment Regulations 1993 (No. 188 of 1993)

Tasmanian State Service Amendment (Appeal Period) Regulations 1994 (No. 64 of 1994)

Tasmanian State Service Amendment (Appeals) Regulations 1994 (No. 165 of 1994)

Tasmanian State Service Amendment Regulations 1995 (No. 156 of 1995)

Tasmanian State Service Amendment Regulations 1996 (No. 179 of 1996)

Tasmanian State Service Amendment Regulations 1998 (No. 77 of 1998)

[Second reading presentation speech made in:

House of Assembly on 21 NOVEMBER 2000

Legislative Council on 28 NOVEMBER 2000]