Australian Capital Territory Numbered Acts

STATUTE LAW AMENDMENT ACT 2022 (NO. 14 OF 2022) - SCHEDULE 1

Schedule 1     Minor amendments

(see s 5)

Part 1.1     Territory Records Act 2002

[1.1]     Section 36 (e), except note

substitute

        (e)     if the director is absent from duty, other than on approved leave, for 14 consecutive days or for 28 days in any 12-month period.

Explanatory note

This amendment updates a paragraph that creates an unnecessary obligation on the Special Minister of State. Section 36 (e) provides that the Minister may end the appointment of the director of territory records if the director ‘is absent from duty for 14 consecutive days, or for 28 days in any 12 months, except on leave given by the Minister'.

The words ‘except on leave given by the Minister' create a requirement for the Minister to approve the director's leave if the director intends to be on leave for longer than 14 consecutive days or for 28 days in any 12-month period. While the director's appointment to the position of director of territory records is made under the Territory Records Act 2002

, part 4 (Director of Territory Records), the director is employed as an SES member under the Public Sector Management Act 1994

.