EXPLANATORY STATEMENT

PUBLIC SECTOR MANAGEMENT AMENDMENT STANDARD 2002 (No 3)
DISALLOWABLE INSTRUMENT No DI2002-152

Public Sector Management Act 1994

Legislative Context

The Public Sector Management Act 1994 (the Act) regulates the management of the public sector and, in particular, section 251 of the Act empowers the Commissioner, with the approval in advance of the Chief Minister, to make Public Sector Management Standards (the Standards) for the purposes of the Act.

Outline
Section 44 of the Act provides for the establishment of a Joint Council by way of the Public Sector Management Standards.  
Currently, there is no Management Standard providing for the establishment of the Joint Council.  In accordance with the Government’s commitment, new Part 5 of Standard 7 will re-establish the Joint Council.  The new Part sets out the structure, representation and functions of the Joint Council.
The Commissioner for Public Administration will chair the Joint Council with representation from government agencies of the ACT Public Service and the peak union organisation in the ACT, the ACT Trades and Labour Council.  The Joint Council will consider such matters of strategic interest in relation to the management of the ACT Public Service.  Staff of the ACT Public Service and unions, who represent staff, will be able to suggest matters for consideration by the Joint Council.
The Joint Council will make recommendations to the Minister for Industrial Relations for consideration.  The recommendations will also be copied to the Management Council of the ACT Public Service.  The Minister for Industrial Relations may refer the matter to Management Council.
Before any proposal is provided to the Minister for Industrial Relations for possible Government or management action, staff of the ACT Public Service and unions, at the request of staff, will be provided with an opportunity to express their views. 

Financial Impact
The administrative costs of Joint Council will be funded from existing budgetary arrangements.