Australian Capital Territory
Public Sector Management Amendment Standards 2007 (No 8)
Disallowable instrument DI2007-246
made under the
Public Sector Management Act 1994, s 251 (Management Standards)

I amend the Standards as set out below.

Catherine Hudson
Commissioner for Public Administration
22/10/2007

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

Jon Stanhope
Chief Minister
12/10/2007

Australian Capital Territory
Public Sector Management Amendment Standards 2007 (No 8)
Disallowable instrument DI2007-246
made under the
Public Sector Management Act 1994, s 251 (Management Standards)

    
    
Contents
	Page
	1	Name of instrument	1
	2	Commencement	1
	3	Legislation amended	1
	4	Section 371, new definition of day	1
	5	Section 371, new definition of notional period	1
	6	Section 371, new definition of relevant period	1
	7	Section 371, new definition of week	2
	8	Section 373	2
	9	Section 374	2
	10	Section 376 (4)	2
	11	Section 378	3
	12	Section 379 (1)	4
	13	Section 379 (7)	4
	14	Section 380	4
	15	Section 381	4
	16	Section 383 (2)	5
	17	Section 383 (5)	5
	18	Section 383 (10)	5
	19	Section 385	5

1	Name of instrument
This instrument is the Public Sector Management Amendment Standards 2007 (No 8).
2	Commencement
This instrument commences on 1 December 2007.
3	Legislation amended
This instrument amends the Public Sector Management Standards 2006.
4	Section 371, new definition of day
insert
day means, as appropriate, a calendar day, or the ordinary working hours of an officer in a calendar day.
5	Section 371, new definition of notional period
insert
notional period means the total period, measured in weeks, when all recreation leave credits accrued before 1 December 2007 on either a full time or a part time basis, including on multiple full time or part time bases, are combined.
6	Section 371, new definition of relevant period
insert
relevant period means the period of paid recreation leave granted by a Chief Executive.
7	Section 371, new definition of week
insert
week means, as appropriate, a calendar week, or the ordinary working hours of an officer in a calendar week.
8	Section 373
omit
credits
insert
credit
9	Section 374
substitute
374	Grant of recreation leave – general
	(1)	A Chief Executive may grant paid recreation leave for the relevant period, expressed in hours, up to an officer’s available credit.
	(2)	Recreation leave can be granted up to an officer’s available credit on full pay for the relevant period or on half pay for a period not exceeding twice the relevant period.
10	Section 376 (4)
omit
credits
insert
credit
11	Section 378
substitute
378	Accrual of recreation leave credit
	(1)	Recreation leave accrues on a daily basis and is expressed in hours.
	(2)	An officer is entitled to an equivalent of four weeks recreation leave for every calendar year of service.
	(3)	The total number of hours of recreation leave credit accrued will differ according to the number of hours worked by an officer during the calendar year.
	(4)	Part-time officers will accrue a pro-rata credit based on the number of hours worked.
	(5)	The leave accrued for each calendar year can be calculated as follows:
= total hours of leave accrued per day
where:
A = number of ordinary hours per week worked; and
B = one (or zero where the day does not count as service); and
C = number of calendar days in the year.
	(6)	If an officer takes an aggregate of more than one working month of leave that does not count as service, for each month of such leave taken, the officer’s recreation leave credit is reduced by one twelfth of the officer’s annual recreation leave entitlement.
	(7)	A teacher or a school assistant in schools who commences duty on or before the first school day of a calendar year, and works without a break in service, during the year, are entitled to the equivalent of four weeks recreation leave, expressed in hours, for each calendar year of service, for their ordinary hours of duty.
12	Section 379 (1)
after
days
insert
, expressed in hours, 
13	Section 379 (7)
after
day
insert
expressed in hours,
14	Section 380
omit
15	Section 381
substitute
381	Deferral of accrual of recreation leave for certain purposes
If recreation leave considered to have been taken under this part is to be applied to an officer who has been on leave, other than on recreation leave, for more than a year, any recreation leave credit which falls due during that period of leave should be treated as if it was credited on the date the officer resumes duty.
16	Section 383 (2)
omit 1st mention of
a
insert
their
17	Section 383 (5)
omit 2nd mention of
an
18	Section 383 (10)
omit
Recreation leave credits
insert
The recreation leave credit
19	Section 385
substitute
385	Recreation leave credit for officers with multiple leave balances
	(1)	Where, prior to 1 December 2007, an officer has accrued more than one recreation leave credit balance, on 1 December 2007 the multiple balances are amalgamated into a single recreation leave credit, expressed in hours. 
	(2)	Where an officer’s multiple recreation leave credit balances are amalgamated into a single credit balance under subsection (1) and the resultant period is less than their notional period of recreation leave, then the officer is eligible to access leave without pay under subsection (3). 
Example
Where, prior to 1 December 2007, an officer accrued two weeks recreation leave while working normal hours of 10 hours per week (a 20 hour credit balance), then changed to normal working hours of 20 hours per week and accrued one week of annual leave (a separate 20 hour credit balance), the officer has a notional period of three weeks recreation leave credit, and an amalgamated leave balance of 40 hours (equivalent to two weeks credit at their current normal working hours).  The officer would be eligible to one week of leave without pay.
	(3)	An officer may access leave without pay for a period not exceeding the difference between their recreation leave credit and their notional period of recreation leave accrued before 1 December 2007.
	(4)	Leave without pay accessed under subsection (3) counts as service for all purposes.
	(5)	Leave without pay accessed under subsection (3) can only be taken in conjunction with recreation leave accrued before 1 December 2007.
	(6)	Subject to subsection (5) and to available recreation leave credit accrued before 1 December 2007, there is no limitation on how often leave without pay can be accessed under subsection (3).
	(7)	Once the officer’s recreation leave credit accrued before 1 December 2007 is exhausted, the officer can no longer access leave without pay under subsection (3).
	(8)	Where an officer has approval to take recreation leave at half pay for a period not exceeding double their available credit, a chief executive may approve a period of leave without pay accessed under subsection (3) to be doubled.

Endnotes
1	Notification
	Notified under the Legislation Act on 25 October 2007.
2	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2007