Australian Capital Territory
Public Sector Management Amendment Standards 2012 (No 2)
EXPLANATORY STATEMENT

    
   
Contents
	Page
DETAIL		1
1		Name of instrument	1
2		Commencement	1
3		Legislation amended	1
4		Promotion Section 252G (3)	1

DETAIL

1	Name of instrument
This is a technical clause stating the name of the instrument as the Public Sector Management Amendment Standards 2012 (No 2).
2	Commencement
This is a technical clause stating that the instrument commences on the same day the Public Sector Management Amendment Standards 2012 (No.1) commences.  
This amendment is a technical amendment intended to cure a potential adverse outcome as a result of one of the clauses in the Public Sector Management Amendment Standards 2012 (No.1) where a graduate may be paid 10% of the base salary of an ASO5 rather than the intended 10% above the base salary of an ASO5.
It is appropriate under the current circumstances for this amendment to have retrospective effect to ensure there is no deviation from the intended effect of the Public Sector Management Amendment Standards 2012 (No.1). 
3	Legislation amended
This is a technical clause stating the name of the legal instrument being amended as the Public Sector Management Standards 2006.
4	Promotion
Section 252G (3)
To assist in providing a contextual understanding of this amendment, the explanation for the enactment of section 252G is reproduced below.
“[Section 252G] is intended to clarify that on completing the Graduate Program, a Graduate Administrative Assistant may be promoted to an ASO5 or similar classification without an addition selection process and only if the appointment of the person has been confirmed.
Given the operation of Part 3.10 there are some classifications, for example the Legal 1 classification which require minimum qualifications and other conditions in order for a person to be able to be promoted to that classification.  As this section is not intended to interfere with existing qualification requirements and conditions, those considerations about such matters must still be applied.”
“Recognising that salary ranges vary from classification to classification this section enables some degree of flexibility to avoid excluding a person from being promoted to a preferred classification because of discordant salary ranges …
Maximum and minimum salary ranges have been included in this section to enable only appropriate flexibility.
10% [above] the base salary of an ASO5 classification has been fixed as the  maximum salary range for a promotion under section 252G.  This applies an existing method used for redeployment of officers. 
The minimum salary range is the base salary of an ASO5 to clarify that while classification salary ranges vary, a person promoted under section 252G cannot be paid less than the minimum pre-existing standard.”
 
Example
If the ASO5 classification base salary is $63,000, then the maximum salary available for promotion would be: $63,000 + (10% of $63,000 = $6,300) = $69,300.