AT A GLANCE
- The new Act is more flexible and suitable for a modern workforce.
- There are no changes to employment terms and conditions.
- Appeal rights have been expanded. Permanent and fixed-term employees have the right of review against any action taken that affects their employment.
- Fixed term employees now have the same review rights as permanent employees.
- EEO principles will be broadened and covered under principles of managing workplace diversity.
- Redeployment provisions now provide greater security and opportunities for employees than the old Act.
WHY DO WE NEED A NEW STATE SERVICE ACT?
Because it is widely recognised that the current act is inflexible and unsuitable for a modern workforce.
One of the main reasons it is inflexible and unsuitable is because it's full of procedures.
The new State Service Act contains only the principles governing employment in the State Service. All the procedures have been taken out and are now contained in Minister's and Commissioners directions.
The new State Service Act 2000 is more flexible, provides what a contemporary workforce needs, and will enable the state service to provide the best possible services to Government, Parliament and the community.
Interestingly other states and the Commonwealth Public Service are following similar approaches by taking the procedure out of their legislation.
WILL MY EMPLOYMENT TERMS AND CONDITIONS CHANGE?
No.
You will still be covered by the same Award and conditions of employment and you will still be paid the same way. However, some conditions covered by the Tasmanian State Service Regulations 1985, for example some leave provisions, will be moved into Awards and others will remain in the new State Service Regulations 2000.
As it was under the Tasmanian State Service Act 1984, your employer will be the Minister responsible for the Act. If you are a Head of Agency, holder of a prescribed office or a senior executive, your employer will be the Premier and you will be referred to as an officer under the new legislation.
I'M A TEMPORARY EMPLOYEE, HOW WILL THE CHANGES AFFECT ME?
There won't be any significant changes but some benefits not previously available to temporary employees or ('fixed term' employees as they will now be known in the new Act) will be available under the new legislation. For example, fixed term employees will now share the same appeal rights and provisions as permanent employees.
I'M A FIXED TERM EMPLOYEE; WILL I STILL BE ABLE TO BECOME A PERMANENT EMPLOYEE?
Yes.
Fixed term employees will be able to become permanent employees by applying for advertised jobs or by being converted to permanent employment status in much the same way that current temporary employees can be converted to permanent status.
STATE SERVICE PRINCIPLES & CODE OF CONDUCT
WHAT ARE THE STATE SERVICE PRINCIPLES?
They define the values and standards of the State Service.
They aim to ensure that the State Service:
- is apolitical and accountable,
- has merit as the basis of employment decisions, and
- has workplaces that are fair, safe and free of discrimination.
The principles also encourage consultation and input from employees and provide a fair system of review for all employees. The State Service Commissioner and Heads of Agency are required by the legislation to uphold, promote and ensure adherence to the State Service Principles.
WHAT ABOUT EQUAL EMPLOYMENT OPPORTUNITY (EEO)?
The concept and principles of Equal Employment Opportunity will be broadened and covered by the principles of managing workplace diversity.
Managing workplace diversity involves creating and maintaining an inclusive workplace that values and utilises the contribution of people of different backgrounds, experiences, characteristics and perspectives.
The principles of managing workplace diversity will be included in the new legislation. Also, a specific function of each Head of Agency will be to develop and implement a workplace diversity program.
CODE OF CONDUCT - WHAT DOES IT MEAN?
Closely aligned to the State Service Principles is the Code of Conduct, which defines the conduct expected of everyone working in the State Service.
WILL THE STATE SERVICE PRINCIPLES AND CODE OF CONDUCT APPLY TO ALL EMPLOYEES?
Yes. This includes permanent, fixed-term employees and officers which includes Heads of Agency, holders of prescribed offices and senior executives.
WHAT WILL HAPPEN IF I BREACH THE CODE OF CONDUCT?
If you are found to have breached the Code of Conduct, sanctions may be imposed ranging from counseling to termination of employment.
This can only happen after an investigation is conducted by an independent person appointed by the State Service Commissioner (see section on State Service Commissioner) with employees having a right of independent review regarding any action taken against them.
DOES THE CODE OF CONDUCT BROADEN THE CURRENT DISCIPLINARY PROVISIONS OF THE ACT?
No, the code of conduct does not broaden the current disciplinary provisions of the Act. There aren't any disciplinary issues covered by the Code of Conduct that couldn't be dealt with under the old Act.
The Code of Conduct seeks to outline the sort of conduct expected of employees rather than expressing certain forms of behaviour as offences. This is a far more appropriate form of expression and reflects contemporary employment practices.
ON WHAT GROUNDS CAN EMPLOYMENT BE TERMINATED?
The only grounds for termination of permanent employment will be:
- a breach of the Code of Conduct,
- inability to perform duties,
- if an employee cannot be redeployed after 12 months on the Redeployment Register
- termination of probation,
- or abandonment of employment.
Fixed term employees can only be terminated in accordance with the terms of their appointment. Any disputes about termination will be considered by the relevant industrial commission.
HOW DO REDEPLOYMENT PROVISIONS IN THE NEW ACT COMPARE WITH THE OLD?
Redeployment provisions in the new Act provide greater security and opportunities for employees than in the old Act.
Currently if a job is deemed surplus to requirements an employee may be placed on the Redeployment Register for a maximum of 12 months. In the new Act that provision still remains, but the State Service Commissioner has the discretion of extending that period.
This is to allow an employee to 'try out' new duties in another Agency. Importantly time spent trying out new duties won't count towards the 12 month period.
Another improvement in redeployment provisions is that the State Service Commissioner must consider an employee's response to a Head of Agency recommendation for redeployment before any decision is made.
WHAT IS THE MAXIMUM TIME ANYONE CAN BE ON THE REDEPLOYMENT REGISTER?
If an employee is made available for redeployment it will be for a 12 month period. However as stated above a period of temporary placement in another area will not be included in that 12 month period.
HAS ANYONE EVER BEEN DISMISSED BECAUSE THEY HAVE BEEN ON THE REGISTER FOR MORE THAN 12 MONTHS?
In the 15 years that this provision has existed only one person has ever been dismissed and in that case it was the employee's preference.
It is very rare indeed for anyone to go on the redeployment register because in all cases transfer provisions are pursued prior to the more formal redeployment provisions. This has resulted in people being placed in employment in another Agency before being put on the register.
APPOINTMENT & PROMOTION
IF I APPLY FOR A VACANCY, WILL I STILL BE ASSESSED ON MERIT?
Yes, merit will be maintained as the basis for employment.
WILL I STILL BE ABLE TO BE DIRECTLY SELECTED?
Yes but the intention to directly select to a vacancy must be notified in the Gazette by the Head of Agency before the selection takes place. This will provide other employees with the right to object before, rather than after, the selection occurs.
WILL I STILL HAVE A POSITION AND A POSITION DESCRIPTION?
You will have a statement of duties that you are required to perform that will be similar to current position descriptions. The major benefit will be that, although duties will still be classified according to classification levels, the current cumbersome process of creating and abolishing positions will not be necessary.
APPEALS
WILL I STILL HAVE APPEAL RIGHTS?
Yes, and appeal rights have been expanded although the terminology will be changed from 'appeal' to 'review'.
All employees will have a right of review against any action taken that affects their employment. Fixed term employees will now have the same review rights as permanent employees including the right to appeal against selection decisions for permanent appointments.
WHO CAN I APPEAL TO?
Employees with grievances will now have access to a number of independent statutory authorities.
These include:
- industrial commissions for Award matters such as classification and termination of employment,
- the Anti-Discrimination Commissioner for discrimination issues,
- the Ombudsman for administrative matters,
- and the State Service Commissioner for any other grievance about a State Service action.
This gives all employees a much wider right of review than that provided by the current restricted appeal rights available before the Commissioner for Review. The State Service Commissioner will have the same general powers of the Commissioner for Review.
WHAT ARE INTERNAL GRIEVANCE PROCEDURES?
Under the new legislation, each Agency will be required to establish grievance procedures.
This will give employees an opportunity to have issues resolved without the need to go through formal review processes. This is in addition to other rights of review provided by the legislation.
THE STATE SERVICE COMMISSIONER
WHAT WILL THE STATE SERVICE COMMISSIONER DO?
The State Service Commissioner is an independent statutory office that reports directly to Parliament and assumes most of the functions and powers formerly undertaken under the Tasmanian State Service Act 1984 by the Secretary, the Commissioner for Public Employment and the Commissioner for Review.
The State Service Commissioner will be responsible for a range of functions including upholding, promoting and ensuring adherence to the State Service Principles.
WHAT ARE COMMISSIONER'S DIRECTIONS AND MINISTERIAL DIRECTIONS?
The new legislation enables the State Service Commissioner and the Minister to issue Directions relating to the day-to-day management and operation of the State Service. In this regard they will be similar to current Employment Instructions and Administrative Instructions. These Directions will be binding on Heads of Agency, holders of prescribed offices, senior executives and employees.
TRANSFERS
WILL I STILL BE ABLE TO BE TRANSFERRED OR SECONDED?
Yes, arrangements will be similar to the Tasmanian State Service Act 1984, although secondments will only be between the State Service and an outside organisation. Transfers will apply between different Agencies and you cannot be transferred to a lower salary level without your consent.
TRANSITION FROM THE TASMANIAN STATE SERVICE ACT 1984 TO THE NEW STATE SERVICE ACT
IF I'VE GOT AN APPEAL IN NOW, WHAT HAPPENS TO IT?
It will continue to be heard under the terms of the current Tasmanian State Service Act 1984 until resolved.
IF I'M APPLYING FOR A JOB UNDER THE OLD ACT AND THE NEW ACT COMMENCES BEFORE A SELECTION IS MADE, WHAT HAPPENS?
The appointment will be made under the new Act.
WILL THERE STILL BE A GAZETTE?
Yes. The Gazette will still be the means of advertising vacancies and notification of appointments, promotions, transfers, resignations, etc.
WHEN WILL THE ACT COMMENCE?
The Act was proclaimed on Tuesday 1 May 2001.
IS THERE A COMPULSORY RETIREMENT AGE UNDER THE NEW ACT?
No. There is no compulsory retirement age under the new Act. Employees can continue to work after 65 years of age.
OTHER QUESTIONS
This initial series of questions and answers will be supplemented as other questions are asked by employees. If you have a question about the new legislation please contact:
