Australian Capital Territory Numbered Acts

PUBLIC SECTOR MANAGEMENT (AMENDMENT) (NO. 51 OF 1995) - SECT 38

38. Section 148 of the Principal Act is amended—

    (a)     by inserting “other than a Chief Executive or an Executive” after “an officer” in the definition of “redundancy” in subsection (1); and

    (b)     by adding at the end the following subsection:

“(8) For the purposes of this Part, the engagement of a person as a Chief Executive or Executive shall be taken to have been terminated for redundancy if—

        (a)     the person was engaged under section 28 or 72;

        (b)     his or her engagement was terminated because—

              (i)     his or her employment was unnecessary;

              (ii)     the work for which he or she was engaged was finished; or

              (iii)     a reduction of officers was necessary because the quantity of work had diminished;

        (c)     the person was eligible to be re-engaged under section 28 or 72;

        (d)     he or she desired to be so re-engaged; and

        (e)     he or she was not offered a further re-engagement under either of those sections on terms and conditions that provided for remuneration at a rate equal to or greater than the rate at which remuneration was payable to him or her immediately before the termination of his or her engagement.”.