Wednesday, August 31, 2011

PUBLIC SERVICE ACT 1999 - SECT 7

Interpretation

In this Act, unless the contrary intention appears:

"acting SES employee" means a non-SES employee who is acting in a position usually occupied by an SES employee.

"Agency" means:

(a) a Department; or

(b) an Executive Agency; or

(c) a Statutory Agency.

"Agency Head" means:

(a) the Secretary of a Department; or

(b) the Head of an Executive Agency; or

(c) the Head of a Statutory Agency.

"Agency Minister" means:

(a) in relation to a Department--the Minister who administers the Department; or

(b) in relation to an Executive Agency--the Minister who administers the Agency; or

(c) in relation to a Statutory Agency--the Minister who administers the provision of the Act that provides for the appointment of the Head of the Agency.

"APS " means the Australian Public Service established by section 9.

"APS employee" means:

(a) a person engaged under section 22; or

(b) a person who is engaged as an APS employee under section 72.

"APS employment" means employment as an APS employee.

"APS Values" means the values in section 10.

"Australian Fair Pay and Conditions Standard" has the same meaning as in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 .

Note: See Schedules 4 and 9 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 in relation to the application of the Australian Fair Pay and Conditions Standard.

"category of APS employee" means one of the following categories:

(a) ongoing APS employees;

(b) APS employees engaged for a specified term or for the duration of a specified task;

(c) APS employees engaged for duties that are irregular or intermittent.

"Classification Rules" means rules made under section 23.

"Code of Conduct" means the rules in section 13.

"Commissioner" means the Public Service Commissioner appointed under this Act.

"Commissioner's Directions" means directions issued by the Commissioner under section 11, 15 or 36.

"Department" means a Department of State, excluding any part that is itself an Executive Agency or Statutory Agency.

"enterprise agreement" has the same meaning as in the Fair Work Act 2009 .

"Executive Agency" means an Executive Agency established under section 65.

"fair work instrument" has the same meaning as in the Fair Work Act 2009 .

"Head" :

(a) in relation to an Executive Agency--means the person appointed as the Head of the Agency under section 67; and

(b) in relation to a Statutory Agency--means the person declared by an Act to be the Head of the Agency.

"Head of Mission" means the head of:

(a) an Australian diplomatic mission; or

(b) an Australian consular mission.

"locally engaged employee" means a person engaged under section 74.

"Merit Protection Commissioner" means the Merit Protection Commissioner appointed under this Act.

"modern award" has the same meaning as in the Fair Work Act 2009 .

"National Employment Standards" has the same meaning as in the Fair Work Act 2009 .

"non-ongoing APS employee" means an APS employee who is not an ongoing APS employee.

"non-SES employee" means an APS employee other than an SES employee.

"ongoing APS employee" means a person engaged as an ongoing APS employee, as mentioned in paragraph 22(2)(a).

"overseas" means outside Australia and the Territories.

"Presiding Officer" means the President of the Senate or the Speaker of the House of Representatives.

"Prime Minister's Department" means the Department of the Prime Minister and Cabinet.

"Public Service Minister" means the Minister who administers this Act.

"Secretary" means the Secretary of a Department.

"SES" means the Senior Executive Service established by section 35.

"SES employee" has the meaning given by section 34.

"Statutory Agency" means a body or group of persons declared by an Act to be a Statutory Agency for the purposes of this Act.

"WR Act collective transitional instrument" means an award, a collective agreement or a pre-reform certified agreement (within the meaning of those terms in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 ).

"WR Act transitional instrument" means an award, a workplace agreement, a pre-reform certified agreement, an AWA or a pre-reform AWA (within the meaning of those terms in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 ).

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