Australian Capital Territory
Public Sector Management Amendment Standard 2006 (No 3)
Disallowable instrument DI2006—7
made under the
Public Sector Management Act 1994, s 251 (Management Standards)

I amend the Management Standards as set out in Schedule 1 and Schedule 2.

Cheryl Vardon
Commissioner for Public Administration
23    /   1   /2006

Approved under the Public Sector Management Act 1994, s 251 (Management Standards)

Ted Quinlan
Acting Chief Minister
 9     /   1   /2006

Schedule 1 to DI No DI2006-7

SCHEDULE 1 TO DISALLOWABLE INSTRUMENT No DI2006-7

PROVISION OF MANAGEMENT STANDARDS
	
Part	Part/Rule Description	AMENDMENT	
Standard 3	Part 2, Rule 8: Linguistic Availability/Performance Allowance (LAPA)	Omit Standard 3, Part 2, Rule 8.  Substitute Standard 3, Part 2, Rule 8 as set out in Schedule 2.
	
Standard 7	Part 7: Occupational Health and Safety Management System	Insert Standard 7, Part 7 as set out in Schedule 2.	

SCHEDULE 2 TO DISALLOWABLE INSTRUMENT N0 DI2006 -7
Standard 3, Part 2, Rule 8

8. Linguistic Availability/Performance Allowance (LAPA) 

Staff whose duties involve communication on a regular basis in languages other than English (including Deaf Oral language, Deaf Sign language and Aboriginal languages) are eligible for payment of LAPA, if their language competence meets the required level. Eligible part-time staff are entitled to receive LAPA on a pro-rata basis. 

Staff who are classified as an Interpreter or Translator are not eligible for LAPA. 

LAPA is payable during paid personal leave, recreation leave and Long Service Leave (pro rata, where appropriate), but not during any other period of leave. 

8.1 Required standard of language competence 

The required standard of language competence is accreditation at National Accreditation Authority for Translators and Interpreters (NAATI) Level 1. 

The Chief Executive should arrange accreditation testing, and pay any associated fees, for staff being considered for LAPA. Accreditation is organised by NAATI. 

Where assessment in a language is not offered by NAATI, the Chief Executive may approve assessment by another individual or body. The individual or body must have: 
•	the necessary expertise to assess the language skills, and 
•	sufficient knowledge of NAATI levels and competencies required to determine the appropriate rate of LAPA. 

Until such time as recognition by NAATI or an alternative is available the Chief Executive may approve the payment of LAPA on the certification of the staff member’s supervisor. 
8.2 Rates payable 

The rates, payable under this Rule, depend on the staff member’s qualification. 

Where payment is approved by the Chief Executive, on certification of the staff member’s supervisor (in accordance with Rule 8.1) LAPA rate 1 (in Table 1 below) is payable.

Where the staff member is accredited at NATTI Level 1 LAPA rate 1 in (Table 1 below) is payable.

Where the staff member is accredited at NATTI Level 2, or any other higher NATTI level, LAPA rate 2 (in Table 1 below) is payable.

The Chief Executive will adjust rates in accordance with increases in Agency salary which become effective after 9 July 1998. 

Table 1: Base LAPA rates (at 9 July 1998): 
LAPA rate 1	$618 p/a 	
LAPA rate 2	$1,235 p/a 	

LAPA may be paid from the date of application, or from the date at which the Chief Executive determines the need for the language has been demonstrated. 
8.3 Review 

Chief Executives should review the payment of LAPA annually or whenever the employment status of staff receiving LAPA changes (eg on promotion or temporary transfer). Reviews should address whether there is a continuing need for communication in a language other than English. 

Standard 7, Part 7	

PART 7	Occupational Health and Safety Management System

1.	Interpretation
In this Part unless the contrary intention appears:
 
Occupational Health and Safety Management System means a systematic management approach that can assist in managing health and safety risks associated with the business of the agency, meeting legal requirements and achieving sustained improvement in occupational health and safety performance.

2.	Implementation
The relevant Chief Executive must implement an Occupational Health and Safety Management System.  When implementing Occupational Health and Safety Management Systems, Chief Executives must have regard to whole-of-government Injury Prevention and Management policies and the ACT Public Service Workplace Health Strategic Plan.