Australian Capital Territory Government Service (Consequential Provisions) Act 1994 . . Page.. 947 ..
‘(2) A transferred employee of the Company shall, within a period of 3 years commencing on the relevant day, be taken to be an officer within the meaning of this Act for the purposes of the Australian Capital Territory Government Service (Consequential Provisions) Act 1994 of the Commonwealth.
‘(3) For the purposes of transfer or promotion to an office in the Service in accordance with this Part, an employee of the Company shall be taken to be an officer within the meaning of this Act.
‘(4) Unless the contrary intention appears, an expression used in this section has the same meaning as in section 7 of the Electricity and Water (Corporatisation) (Consequential Provisions) Act 1995.’.
Page 7, line 9, insert the following amendment:
“Public Sector Management (Consequential and Transitional Provisions) Act 1994
Section 15 -
Add at the end the following subsection:
‘(2) Where a person to whom subsection (1) applies becomes a transferred employee within the meaning of section 7 of the Electricity and Water (Corporatisation) (Consequential Provisions) Act 1995, the subsection shall continue to apply in relation to that person.’.”.
The first amendment inserts a new section 115A into the Act. The effect of this amendment is to preserve existing mobility arrangements between the former authority and the Australian Public Service for the benefit of transferred employees for a three-year period after corporatisation. This is achieved by treating the transferred employees as ACT Government Service officers for mobility purposes.
The second amendment amends section 15 of the Public Sector Management (Consequential and Transitional Provisions) Act 1994. Section 15 preserves mobility rights of officers under Part 4 of the Public Service Act 1992 of the Commonwealth where the officer's last office in the Australian Public Service related wholly or substantially to matters now in the responsibility of the ACT Government Service. This amendment preserves rights under section 15, notwithstanding the corporatisation of the authority, so that transferred employees with the authority who currently have rights of return to an area in the ACT Government Service continue to retain those rights after corporatisation.