Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(see s 5)
Part 1.1 Public Sector Management Act 1994
[1.1] Section 3 , definition of industrial award , paragraph (a)
after
an award
insert
or workplace agreement
Explanatory note
This amendment provides that a workplace agreement under the Workplace Relations Act 1996 (Cwlth) is recognised as an industrial award for the purposes of the Act.
substitute
(5) The employment of a chief executive who is employed under a contract under section 28 is not capable of being terminated on the ground of invalidity unless—
(a) if the chief executive is an eligible employee for the purposes of the Superannuation Act 1976 (Cwlth)—
(i) the chief executive has not reached the chief executive's maximum retiring age within the meaning of the Act; and
(ii) a certificate has been given by the Commonwealth Superannuation Board of Trustees No 2 under the Act, section 54C for the chief executive; or
(b) if the chief executive is a member of the superannuation scheme established under the Superannuation Act 1990 (Cwlth)—
(i) the chief executive is under 60 years old; and
(ii) a certificate has been given by the Commonwealth Superannuation Board of Trustees No 1 under the Act, section 13 for the chief executive; or
(c) if the chief executive is an ordinary employer-sponsored member of PSSAP within the meaning of the Superannuation Act 2005 (Cwlth)—
(i) the chief executive is under 60 years old; and
(ii) a certificate has been given by the Commonwealth Superannuation Board of Trustees No 1 under the Act, section 43 for the chief executive.
(6) In this section:
"invalidity" means—
(a) for an eligible employee for the purposes of the Superannuation Act 1976 (Cwlth)—invalidity under the Act; or
(b) for a member of the superannuation scheme established under the Superannuation Act 1990 (Cwlth)—invalidity under the Act; or
(c) for an ordinary employer-sponsored member of PSSAP within the meaning of the Superannuation Act 2005 (Cwlth)—invalidity under the Act.
Explanatory note
Existing section 28A (5) and (6) limits the circumstances in which a chief executive who is a member of a superannuation scheme under the Superannuation Act 1976 (Cwlth) or Superannuation Act 1990 (Cwlth) may be retired on the grounds of invalidity. This amendment brings the structure of these provisions into line with current drafting practice and includes provision for a chief executive who is a member of the Public Sector Superannuation Accumulation Plan (or PSSAP) established under the Superannuation Act 2005 (Cwlth).
substitute
(2) However, the clerk is not capable of being retired from office on the ground of invalidity unless—
(a) if the clerk is an eligible employee for the purposes of the Superannuation Act 1976 (Cwlth)—
(i) the clerk has not reached the clerk's maximum retiring age within the meaning of the Act; and
(ii) a certificate has been given by the Commonwealth Superannuation Board of Trustees No 2 under the Act, section 54C for the clerk; or
(b) if the clerk is a member of the superannuation scheme established under the Superannuation Act 1990 (Cwlth)—
(i) the clerk is under 60 years old; and
(ii) a certificate has been given by the Commonwealth Superannuation Board of Trustees No 1 under the Act, section 13 for the clerk; or
(c) if the clerk is an ordinary employer-sponsored member of PSSAP within the meaning of the Superannuation Act 2005 (Cwlth)—
(i) the clerk is under 60 years old; and
(ii) a certificate has been given by the Commonwealth Superannuation Board of Trustees No 1 under the Act, section 43 for the clerk.
(3) In this section:
"invalidity"—see section 28A (6).
Explanatory note
Existing section 51 (2) and (3) limits the circumstances in which a clerk who is a member of a superannuation scheme under the Superannuation Act 1976 (Cwlth) or Superannuation Act 1990 (Cwlth) may be retired on the grounds of invalidity. This amendment brings the structure of these provisions into line with current drafting practice and includes provision for a clerk who is a member of the Public Sector Superannuation Accumulation Plan (or PSSAP) established under the Superannuation Act 2005 (Cwlth).
substitute
(5) The employment of an executive who is employed under a contract under section 72 is not capable of being terminated on the ground of invalidity unless—
(a) if the executive is an eligible employee for the purposes of the Superannuation Act 1976 (Cwlth)—
(i) the executive has not reached the executive's maximum retiring age within the meaning of the Act; and
(ii) a certificate has been given by the Commonwealth Superannuation Board of Trustees No 2 under the Act, section 54C for the executive; or
(b) if the executive is a member of the superannuation scheme established under the Superannuation Act 1990 (Cwlth)—
(i) the executive is under 60 years old; and
(ii) a certificate has been given by the Commonwealth Superannuation Board of Trustees No 1 under the Act, section 13 for the executive; or
(c) if the executive is an ordinary employer-sponsored member of PSSAP within the meaning of the Superannuation Act 2005 (Cwlth)—
(i) the executive is under 60 years old; and
(ii) a certificate has been given by the Commonwealth Superannuation Board of Trustees No 1 under the Act, section 43 for the executive.
(6) In this section:
"invalidity"—see section 28A (6).
Explanatory note
Existing section 73 (5) and (6) limits the circumstances in which an executive who is a member of a superannuation scheme under the Superannuation Act 1976 (Cwlth) or Superannuation Act 1990 (Cwlth) may be retired on the grounds of invalidity. This amendment brings the structure of these provisions into line with current drafting practice and includes provision for an executive who is a member of the Public Sector Superannuation Accumulation Plan (or PSSAP) established under the Superannuation Act 2005 (Cwlth).
substitute
145 Limitation on retirement on ground of invalidity
(1) This section applies despite anything in section 143 or section 144.
(2) An officer is not capable of being retired from office on the ground of invalidity unless—
(a) if the officer is an eligible employee for the purposes of the Superannuation Act 1976 (Cwlth)—
(i) the officer has not reached the officer's maximum retiring age within the meaning of the Act; and
(ii) a certificate has been given by the Commonwealth Superannuation Board of Trustees No 2 under the Act, section 54C for the officer; or
(b) if the officer is a member of the superannuation scheme established under the Superannuation Act 1990 (Cwlth)—
(i) the officer is under 60 years old; and
(ii) a certificate has been given by the Commonwealth Superannuation Board of Trustees No 1 under the Act, section 13 for the officer; or
(c) if the officer is an ordinary employer-sponsored member of PSSAP within the meaning of the Superannuation Act 2005 (Cwlth)—
(i) the officer is under 60 years old; and
(ii) a certificate has been given by the Commonwealth Superannuation Board of Trustees No 1 under the Act, section 43 for the officer.
(3) In this section:
"invalidity"—see section 28A (6).
Explanatory note
Existing section 145 limits the circumstances in which an officer who is a member of a superannuation scheme under the Superannuation Act 1976 (Cwlth) or Superannuation Act 1990 (Cwlth) may be retired on the grounds of invalidity. This amendment brings the structure of the provision into line with current drafting practice and includes provision for an officer who is a member of the Public Sector Superannuation Accumulation Plan (or PSSAP) established under the Superannuation Act 2005 (Cwlth).