Australian Capital Territory Government Service (Consequential Provisions) Act 1994
An Act to make provision consequential on the establishment of the Australian Capital Territory Government Service, and for related purposes
18 October 2023
Includes amendments up to Act No. 74, 2023
australian-capital-territory-government-service-consequential-provisions-act-1994.pdf, p.1
14 November 2023
Compilation information and notes on amendments.
1 Short title
australian-capital-territory-government-service-consequential-provisions-act-1994.pdf, p.5
2 Commencement
2(1) Commencement
2(2) Commencement
Repeal provision if not commenced within 18 months.
(2) If this Act does not commence under subsection (1) within 18 months after the day on which it receives the Royal Assent
this Act is repealed on the first day after the end of that period.
Repeal provision if not commenced within 18 months
3 Definitions
4 Effect of earlier staffing action
australian-capital-territory-government-service-consequential-provisions-act-1994.pdf, p.7
4(1) Effect of earlier staffing action
The Public Service Commissioner must include certain unattached officers in the ACT Branch.
4(2) Effect of earlier staffing action
Include unattached officers in ACT Branch on June 9, 1989.
(2) The 1989 direction is to be taken to have had the effect of including in the ACT Branch...
The unattached officers are included in the ACT Branch.
The unattached officers were included in the ACT Branch on June 9, 1989.
4(3) Effect of earlier staffing action
Must be included in ACT Branch on 9 June 1989
4(4) Effect of earlier staffing action
Person subject to earlier staffing action must comply with subsection (3)
(4) Subsection (3) applies to a person if...
...the person was, on 9 June 1989, an unattached officer;
Temporal relation: Person -> Unattached Officer on 9 June 1989
...the last office held by the person before that date was an office the duties of which related, wholly or substantially, to matters that, as at 9 June 1989, were dealt with by the ACT Branch.
Temporal relation: Person -> Unattached Officer until last office held before 9 June 1989
Mandatory duty: Person -> Comply with subsection (3)
5 Certain persons cease to be members of the Australian Public
5(1) Certain persons cease to be members of the Australian Public
Ceases to be an officer of the Australian Public Service
Prohibits being an officer of the Australian Public Service
(1) On the transfer day, an officer of the Australian Public Service to whom this subsection applies ceases...
ceases to be an officer of the Australian Public Service
Classifies persons as no longer members of the Australian Public using AI
classifies persons as no longer members of the Australian Public using AI
5(2) Certain persons cease to be members of the Australian Public
Certain officers must cease being members of the Australian Public
(2) Subsection (1) applies to the following officers:
cease being members of the Australian Public
Officers must cease before a certain date
Ceasing membership implies certain conditions
8 Transfer of personnel files
australian-capital-territory-government-service-consequential-provisions-act-1994.pdf, p.8
8(1) Transfer of personnel files
Duty to transfer personnel files upon certain events
Transfer of personnel files is mandatory
8(2) Transfer of personnel files
Delivery of personnel files to the appropriate authority
8(3) Transfer of personnel files
Records may be delivered to the relevant Secretary or Agency Head if reasonably necessary for employment purposes.
8(4) Transfer of personnel files
Personal information may be used by the authority for its purposes.
Personal information is collected by the authority
The authority may use the information for its purposes
Use of personal information occurs during the period of record delivery
Personal information is used for the purposes of the Australian Capital Territory Government Service
The use of personal information occurs during this period
There may be a diffusion of personal information to other authorities
Personal information is used by the authority for its purposes
There may be a diffusion of this information
The use of personal information is an AI process
There must be a validation of personal information against a schema
8(5) Transfer of personnel files
Personal information may be used as if collected by the Secretary for APS purposes.
9 Operation of Part IV of the Public Service Act in relation to
australian-capital-territory-government-service-consequential-provisions-act-1994.pdf, p.9
9(1) Operation of Part IV of the Public Service Act in relation to
If an officer would have been subject to Part IV of the Public Service Act, it ceases to apply.
9(2) Operation of Part IV of the Public Service Act in relation to
If certain conditions are met, the state must take action.
10 Arrangements relating to staffing
Agency Head may arrange for services of officers or employees to be made available to an appropriate authority.
australian-capital-territory-government-service-consequential-provisions-act-1994.pdf, p.10
25 Leave entitlements
australian-capital-territory-government-service-consequential-provisions-act-1994.pdf, p.11
25(1) Leave entitlements
This section applies to a person who is engaged under section 22 of the Public Service Act 1999.
25(3) Leave entitlements
Retains leave entitlement on engagement as APS employee.
25(4) Leave entitlements
Public Service Act 1999 obligations for APS employees regarding leave entitlements
Temporal overlap between APS employment and ACT officer service
(4) The Public Service Act 1999 has effect, in relation to the accrual, on and after the engagement of a person as an APS employee...
Recurring trace of APS employment and ACT officer service
25(5) Leave entitlements
Retains recreation leave loading entitlement as if it had accrued under the APS Award 1998.
entitlement accrued under the APS Award 1998
Entitlement is subject to provisions during engagement
engagement of a person as an APS employee
25(6) Leave entitlements
26 Transitional provision: Leave payments
If an amount would become due to a person, but for this section
29 June
australian-capital-territory-government-service-consequential-provisions-act-1994.pdf, p.16
1 July 1994 (s 2(1) and
19 Dec
Consequential provisions for the Australian Capital Territory Government Service Amendment Act 1996
25 Oct
25 Oct 1996 (s 2)
11 Nov
10 Dec
Conditional commencement of Acts Interpretation Amendment Act 2011
27 June
Conditional commencement of Statute Law Amendment (Prescribed Forms and Other Updates) Act 2023
Requires relation between identifiable temporal intervals for conditional commencement
20 Sept
4 Dec 1999
Amendment of Public Employment (Consequential and Transitional) Amendment Regulations 2000 (No. 1)
australian-capital-territory-government-service-consequential-provisions-act-1994.pdf, p.17
8 Dec 2000
Amendment history for Australian Capital Territory Government Service (Consequential Provisions) Act 1994