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Last updated: 3 December 1999
Public Service Act 1999 Advice No. 27: Rights and entitlements under Sections 6 and 7 of the PECTA Act
Please note: This document is for reference purposes only and is no longer considered by the APS Commission to be current. It may contain good practice advice and/or advice on the transitional arrangements between the 1922 and 1999 Public Service Acts.
Introduction
1. This advice is one of a series of advices to be issued by the Public Service and Merit Protection Commission (PSMPC) concerning the Public Service Act 1999 (the new PS Act) and the Public Employment (Consequential and Transitional) Amendment Act 1999 (the PECTA Act). It is proposed that the new legislation will come into operation on 5 December 1999 and the information contained in this advice will take effect on commencement of the legislation.
2. The purpose of this Advice is to provide information on the transitional provisions for persons covered by Division 2 or 3 of Part IV of the old PS Act immediately before the commencement of the new PS Act.
3. This advice contains a number of words and expressions that are specifically defined in the dictionary to the PECTA Act or the dictionary to the PECTA Regulations. A copy of the r , ments of an APS officer who moved to employment with a non-APS Commonwealth authority or as the holder of a Commonwealth office (known as eligible public employment).
4. There are no equivalent mobility provisions in the new PS Act. Transitional provisions, which commence on 5 December 1999, will apply to persons covered by Division 2 or 3 of Part IV of the old PS Act immediately before 5 December 1999 for a period of 3 years. The transitional provisions replace the rights that a person employed by a Commonwealth authority may have had under the Part IV mobility provisions of the old PS Act.
5. The transitional provisions are contained in sections 6 and 7 of the PECTA Act and the regulations made under the PECTA Act. A copy of section 6 and 7 of the PECTA Act is at Attachment A.
6. In short, during the transitional period of three years, the PECTA regulations will provide that:
- an APS employees who is engaged in eligible public employment (i.e. covered by section
6 of the PECTA Act) will:
- be deemed to be on leave without pay from commencing time and their service counts for the purposes of accrual of recreation leave credits and sick leave credits, as if it were service as an APS employee;
- be able to return to their former Agency at any time during the transitional period upon cessation of their eligible public employment; and
- be taken to have resigned from the APS at the end of the transitional period unless, before the end of the transitional period, the person has been granted leave without pay that consists of, or includes, the first working day after the end of the transitional period.
- a former APS officer, who is engaged in eligible public employment (i.e. covered by
section 7 of the PECTA Act) will:
- be able to apply to return to the APS in certain circumstances, and be engaged as an ongoing APS employee in their former Agency at the same classification as the person had before ceasing to be an "officer" within the meaning of the old PS Act.
7. Further details on coverage under section 6 and section 7 of the PECTA Act are outlined below. Agencies should also refer to the PECTA Regulations.
Coverage under section 6 of the PECTA Act (first-tier person)
8. On 5 December 1999, a first-tier person means:
- a person to whom Division 2 of Part IV of the old PS Act applied immediately before 5 December 1999; and
- a person to whom the Officers' Rights Declaration Act 1928 applied immediately before 5 December 1999 (because of section 87TA of the old PS Act).
9. A first-tier person has no other rights under Division 2 of Part IV of the old PS Act after 5 December 1999 and moves to coverage under section 6 of the PECTA Act for a transitional period of 3 years.
10. An APS employee cannot move to coverage as a first-tier person after 5 December 1999. A first-tier person can, however, move to coverage under second-tier for part or all of the transitional period in accordance with section 6(6) of the PECTA Act.
11. Under sections 17 and 24 of the Members of Parliament (Staff) Act 1984 (MoP(S) Act) and section 16 of the Governor-General Act 1974 (G-G Act), an APS officer employed under sections 13 and 20 of the MoP(S) Act or section 13 of the G-G Act shall while the employment continues, be deemed to be employed as the holder of a "Commonwealth office" within the meaning of Part IV of the old PS Act.
12. An APS employee who occupies a "Commonwealth office" as defined in section 87(1) of the old PS Act or is deemed to be employed in a "Commonwealth office" is a first-tier person for the duration of their current employment or appointment instrument during the transitional period.
Extensions to eligible public employment
13. If a first-tier person wishes to move to new employment or a full-time statutory appointment, or seek an extension of their current employment/appointment, before the end of the transitional period:
- for the purposes of section 13 of the G-G Act; or
- for the purposes of section 13 and 20 of the MoP(S) Act; or
- in a statutory appointment
they will need to apply for leave without pay in accordance with the Prime Minister's Direction to be made under section 21 of the new PS Act. In the Prime Minister's Direction the term statutory appointment means a position of a type that would have been a "Commonwealth office", within the meaning of subsection 87(1) of the old PS Act.
14. Under the Prime Minister's Direction, an Agency Head must grant the application for employment or a continuation of employment in paragraph 14(a), (b) or (c).
15. Upon commencement of the new employment or appointment arrangements, the APS employee's coverage as a first-tier person will cease, and the APS employee will be covered by the arrangements set out in the Prime Minister's Direction.
Access to advertised employment opportunities in the Gazette
16. As a first-tier person is still an APS employee they are eligible to apply for all employment opportunities notified in the Gazette.
17. A person's status as a first-tier person is not to have any bearing upon the consideration of the application.
Status of a first-tier person during the transitional period
18. During the transitional period, a first-tier person is taken to be absent from duty as an APS employee, on leave without pay.
19. Service by a first-tier person in eligible public employment during the transitional period is counted, for the purposes of accrual of recreation leave credits and sick leave credits, as if it were service as an APS employee.
Leave entitlements
20. A first-tier person retains all recreation leave credits and sick leave credits that the person accrued in the period:
- starting when the person started the employment that gave him or her the status of first-tier person; and
- ending immediately before the commencing time.
Status of a first-tier person at the end of the transitional period
21. A first-tier person is taken to have resigned as an APS employee at the end of the transitional period unless, before the end of the transitional period;
- the person has given notice in writing to the Agency Head, stating that the person intends to resume duties as an APS employee on the first working day after the end of the transitional period; or
- the person has been granted leave for a period that consists of, or includes, the first working day after the end of the transitional period.
22. If a first-tier person:
- gives written notice as prescribed under paragraph 21(a) above; and
- is absent from duty without leave on the first working day after the end of the transitional period;
the person is taken to have resigned as an APS employee at the end of that first working day.
23. Under the Prime Minister's Direction, an Agency Head must grant an application for leave without pay to undertake employment:
- for the purposes of section 13 of the G-G Act; or
- for the purposes of section 13 and 20 of the MoP(S) Act; or
- in a statutory appointment; or
- as a continuation of employment described in paragraph (a), (b) or (c).
24. For further information, see Advice Number 34, Prime Minister's Public Service Directions.
Movement from first-tier coverage to second-tier coverage
25. An APS officer (as at 4 December 1999) who is regarded as being in a "Commonwealth office" cannot move to second-tier coverage under the PECTA Act.
26. Under the provisions of section 87D of the old PS Act, an APS officer (as at 4 December 1999) employed with a non-APS Commonwealth authority is covered by Division 2 of the old PS Act for a period of three years (known as the "relevant period") from the date of commencing employment with that authority. Under delegations, under the old PS Act, the relevant Secretary could extend the relevant period beyond 3 years.
27. If the transitional period for a first-tier person ends at the end of the relevant period (as defined in subsection 87D(5) of the old PS Act), then the person becomes a second-tier person under section 7 of the PECTA Act at the end of the relevant period.
28. A first-tier person who resigns or is taken to have resigned from the APS, before the end of the transitional period, does not become a second-tier person.
Return to the APS
29. A first-tier person may, at any time while a first-tier person, give notice in writing to the Agency Head of the person's corresponding Agency where they last performed duties in the APS, stating that the person intends to resume duties as an APS employee:
- either before the end of the transitional period; or
- on the first working day after the end of the transitional period.
30. If the person's duties are no longer performed in the Agency that was the corresponding Agency - the person may give notice in writing to the Agency Head of the Agency where the duties are currently performed. The PSMPC is available to assist a first-tier person or Agencies in identifying which is the appropriate Agency.
31. The Agency Head must make arrangements for:
- the person's return to the Agency; and
- the person's resumption of duties; and
- the acceptance of all of the person's accrued recreation credits and sick leave credits.
32. The first-tier person is entitled to resume duties at the person's corresponding classification for the purposes of section 5 of the PECTA Act.
33. A first-tier person is not, however, entitled to resume duties in the appropriate Agency if the person:
- has ceased the employment that gave him or her the status of first-tier person because the person has reached the maximum age for that employment; or
- is to cease the employment that gave him or her the status of first-tier person because the person will reach the maximum age for that employment.
Rights to Re-integration Assessment Committee under the MoP(S) Act
34. The right of an APS officer, under the MoP(S) Act, to apply to a Re-integration Assessment Committee (RAC) for review of their APS classification will cease with effect from the commencement of the new PS Act. Transitional regulations will allow for the determination of applications made prior to the commencement date and for the determination of applications made within the time periods specified in the MoP(S) Act where the termination of employment under the MoP(S) Act occurred prior to the commencement date ie within 30 days or such longer period as the Merit Protection Commissioner allows. There are no equivalent provisions in the new PS Act.
Cessation of first-tier coverage
35. Coverage under section 6 ceases upon the following circumstances:
- A first-tier person who has given notice in writing to the Agency Head in accordance with paragraph 6 (3) (a) of the PECTA Act; and who resumes duties on the end of the first working day after the end of the transitional period, ceases to be a first-tier person at the end of the transitional period;
- A first-tier person who has been granted leave for the purposes of paragraph 6 (3) (b) of the PECTA Act; and for a period that consists of, or includes, the first working day after the end of the transitional period ceases to be a first-tier person at the start of that first working day;
- A first-tier person who is taken to have resigned from the APS because of a failure to comply with paragraphs 6 (3) (a) and (b) of the PECTA Act ceases to be a first-tier person at the end of the transitional period;
- A first-tier person who is taken to have resigned from the APS in accordance with subsection 6 (4) of the PECTA Act ceases to be a first-tier person at the end of the first working day after the end of the transitional period;
- A first-tier person who is taken to have resigned from the APS in accordance with subsection 6 (5) of the PECTA Act ceases to be a first-tier person at the time described in the subsection;
- If a first-tier person resigns from the APS, or is taken to have resigned, before the end of that transition period, the person ceases to be a first-tier person when the resignation takes effect is described in subsection 6 (6) of the PECTA Act;
- A first-tier person who:
- has given notice in writing to the Agency Head, stating that the person intends to resume duties as an APS employee before the end of the transitional period; and
- resumes duties before the end of the transitional period;
ceases to be a first-tier person when the person resumes duties;
- A first-tier person who resigns from the APS in a way that is not described in section 6 of the PECTA Act ceases to be a first-tier person when the resignation takes effect;
- A first-tier person who retires from the APS ceases to be a first-tier person when the retirement takes effect.
Coverage under section 7 of the PECTA Act (second-tier person)
36. A second-tier person means:
- a person to whom Division 3 of Part IV of the old PS Act applied immediately before 5 December 1999; or
- a person who becomes a second-tier person under subsection 6(6) of the PECTA Act.
37. Section 7 of the PECTA Act and the PECTA Regulations set out the rights of a second-tier person after 5 December 1999.
38. If the transitional period for a first-tier person ends at the end of the relevant period (as defined in subsection 87D(5) of the old PS Act), then the person becomes a second-tier person under section 7 of the PECTA Act at the end of the relevant period.
39. A person can only gain coverage as a second-tier person after 5 December 1999 in accordance with paragraph 38.
40. A first-tier person who resigns or is taken to have resigned from the APS, before the end of the transitional period, does not become a second-tier person.
Status of a second-tier person during the transitional period
41. A second-tier person is not an employee of the APS. This is the same status the person held under Division 3 of the Part IV of the old PS Act.
Access to advertised employment opportunities in the Gazette
42. Under the Public Service Commissioner's Directions, a person who:
- immediately before the commencement of the new PS Act, was a person to whom Division 2, 3 or 4 of part IV of the old PS Act applied; and
- at the time the opportunity for employment is notified in the Gazette, is performing duties in the organisation in which the person was performing duties immediately before the commencement of the new PS Act,
may apply for all APS employment opportunities notified in the Gazette, excluding temporary assignment opportunities.
43. A person's status as a second-tier person is not to have any bearing upon the consideration of the application.
44. A second-tier person returning to the APS, via a merit process, is engaged under section 25 of the new PS Act.
Cessation of second-tier coverage
45. A second-tier person's coverage under section 7 of the PECTA Act ceases upon the following circumstances:
- resumption of duties in the APS;
- resignation from his or her eligible public employment (when the resignation takes effect);
- retirement from his or her eligible public employment (when the retirement takes effect);
- where the Commonwealth ceases to have the controlling interest in the authority or where the Commonwealth sells or otherwise disposes of the body or authority; or
- at the end of the transitional period.
Rights to return to APS while second-tier person in certain circumstances
46. During the 3 year transitional period, a second-tier person is able to apply to return to the APS in certain circumstances, such as if their employment in a public office or by a public authority is to be terminated or has been terminated.
47. A second-tier person engaged in the APS as a result of an application under the PECTA Regulations will be as an ongoing APS employee at the same classification as the person had before ceasing to be an officer within the meaning of the old PS Act.
48. An officer under the old PS Act who was compulsorily transferred to a public authority is also able to apply to return to the APS in certain other circumstances, such as if the person's career has been adversely affected because of a reduction in or alteration of the function or activities of the public authority.
49. The PECTA Regulations detail the exact circumstances, the time limits in which a second-tier person has to apply in each circumstance, to whom and how a person should apply and an Agency Head's responsibilities upon receipt of the application.
50. The PECTA Regulations also outline a number of exceptions to the entitlement, such as if the person has received a redundancy benefit from an eligible public employer.
51. A second-tier person is entitled to apply for engagement under the PECTA regulations as an APS employee only if the person remains in the same eligible public employment during the transitional period. A person can, however, continue to apply for advertised employment opportunities in the Gazette while they remain with the same eligible public employer they were employed with as at 4 December 1999.
How to apply
52. A second-tier person must apply for engagement to the Agency Head of the Agency that corresponds to the Department (as defined in the old PS Act) in which the person last performed duties as an officer.
53. The application must:
- be in writing; and
- state the reason why the person claims to be entitled to be considered for engagement; and
- include any additional information or statements required by this regulation; and
- identify:
- the person's classification before the person started the person's eligible public employment; and
- the place where the person last performed duties as an officer.
54. If a second-tier person's employment is to be, or has been, terminated the application must also state if the person's employment is to be, or has been, terminated on the ground of the person's misconduct.
Entitlement to be considered for engagement and time limits
55. The following table provides a summary of the circumstances and time limits applicable in which a second-tier person is entitled to be considered for engagement as an APS employee. Agencies are advised to check the PECTA Regulations before advising a second-tier person of their eligibility, entitlements or considering an application for engagement under Subdivision 3 of the PECTA Regulations.
| Prescribed circumstance | Time limits in which an application MUST be made |
|---|---|
Employment in a public office is to be, or has been, terminated
|
Within 30 days after the day on which the person's employment is terminated; or such further period that the Agency Head allows. |
Employment in a public office has been terminated upon the expiration of the
term for which the person was appointed, and the person has not been
|
Within 30 days after the day on which the person's employment is terminated; or such further period that the Agency Head allows. |
| Employment by a public authority is to be, or has been, terminated because the person is excess to the authority's requirements. | Not later than 28 days after the later of:
|
| Employment by a public authority is to be, or has been, terminated otherwise than on the ground of the person's invalidity or by reason of the person's resignation. | Not later than 30 days after the later of:
|
If a function previously carried out by the APS has been transferred to a public
authority; and
|
Within 30 days after the day on which the reduction in, or alteration of, the functions or activities of the public authority happened. |
Exceptions to entitlement be considered for engagement under the PECTA Regulations
56. A second-tier person is not entitled to be considered for engagement in the APS in accordance with Subdivision 3.2.3 PECTA Regulations under any of the following circumstances:
- the person's employment by a public authority is to be, or has been, terminated on the ground of the person's invalidity or by reason of the person's resignation;
- the person has received, or become entitled to, the payment of a redundancy benefit from an eligible public employer;
- the person has ceased the employment that gave him or her the status of second-tier person because the person has reached the maximum age for that employment;
- the person is to cease the employment that gave him or her the status of second-tier person because the person will reach the maximum age for that employment; or
- the person's employment in a public office or by a public authority was terminated on a ground of misconduct, and the Agency Head is satisfied that the same conduct, if committed in the Agency Head's Agency, would be a ground for termination under subsection 29 (3) of the new PS Act. Agency Head's decision on application
57. An Agency Head who receives an application by a second-tier person for engagement must decide whether the person is entitled to be engaged in the Agency within 28 days of receipt of the application.
58. If a second-tier person who makes an application resigns or retires from his or her eligible public employment, before the Agency Head has notified the person on the outcome of the application the Agency Head is to treat the application as having no effect.
59. The Agency Head must approve the application if the Agency Head is satisfied that the person:
- applied for engagement within the transitional period (regulation 3.9);
- is entitled to apply for engagement (regulation 3.10);
- is entitled to be considered for engagement (regulation 3.11); and
- applied in accordance with regulation 3.12.
60. If the Agency Head is not satisfied about one or more of the matters listed above, the Agency Head must refuse the application.
61. The Agency Head must, as soon as practicable (ie within 28 days after receipt), notify the person in writing whether the application has been approved or refused. The notification must also include the following information:
- the nature of the duties that the person will perform on engagement;
- the classification that the person will have on engagement;
- the place where the person is to report for duty;
- the day when the person is to report for duty; and
- the proposed salary rate applicable to the person.
62. The person will be engaged as an ongoing APS employee at the same classification as the person held before ceasing to be an officer within the meaning of the old PS Act.
Effect of approval
63. If an Agency Head approves an application for engagement, the second-tier person is entitled to be engaged, by the Agency Head, as an ongoing APS employee:
- if the person reports for duty in accordance with regulation 3.17; and
- with effect from the time worked out in accordance with that regulation.
64. The Agency Head, and the Agency, have no liability for any salary, allowances or other remuneration in respect of the person for the period before the person reports for duty.
Reporting for duty
65. A second-tier person is not entitled to report for duty until the person has ceased his or her eligible public employment.
66. The person must report for duty within 28 days after the day on which the person is notified by the Agency Head that his or her application for engagement has been approved.
67. If the person ceases his or her eligible public employment and reports for duty within the 28 days the person is entitled to be engaged as an ongoing APS employee under section 22 of the PS Act.
68. The engagement takes effect as follows:
- the person is taken to have been engaged with effect from the day after the day when the person ceased his or her eligible public employment;
- the person is taken to have been engaged at the classification mentioned in the notification; and
- the person is taken to have been granted leave without pay for the period:
- starting when the person is taken to have been engaged; and
- ending immediately before the day when the person reports for duty.
69. The person ceases to be entitled to be engaged under the PECTA Regulations as an ongoing APS employee if:
- the person:
- does not cease his or her eligible public employment by the end of the 28 days mentioned in paragraph 67; or
- does not report for duty within the 28 days; and
- the person has not been granted leave by the Agency Head for the period starting after the 28 days.
70. A second-tier person can therefore only make one application for engagement under the PECTA Regulations.
Leave entitlements while on resumption in the APS
71. A second-tier person's entitlements to accrued recreation leave credits and sick leave credits, and to future credits, on engagement in the APS, is be worked out in accordance with:
- the certified agreement or AWA in force in the Agency; or
- if there is no agreement - a determination by the Agency Head.
72. There is no obligation on an Agency Head to recognise any leave entitlements. As the second-tier person must resign from eligible public employment before commencing duty in the APS, the eligible public employer is responsible for the payment of any recreation leave monies owing to the person on cessation.
73. Any entitlement to long service leave would be determined in accordance with the Long Service Leave (Commonwealth Employees) Act 1976.
Duties on resumption in the APS
74. If an Agency Head approves an application by a second-tier person for engagement, the Agency Head must determine the person's duties for the purposes of section 25 of the new PS Act.
75. In determining the person's duties the Agency Head must have regard to the person's corresponding classification for the purposes of section 5 of the PECTA Act. If the classification no longer exists the Agency Head shall determine an equivalent classification based on the APS Classification Rules.
76. If a second-tier person's entitlement to be engaged was based on the person being excess to the public authority's requirements then certain special provisions apply in regard to their assignment of duties by an Agency Head and retention periods that may apply to the person. These arrangements are outlined below.
Excess person resuming duties in the APS
77. A second-tier person who was excess to the public authority's returning to the Agency remains an excess employee until the Agency Head is satisfied that there is an operational requirement that justifies determining duties for the person in accordance with section 25 of the new PS Act.
78. If the Agency Head does not determine the person's duties in the Agency, for the purposes of section 25 of the new PS Act, then for the period during which the person's duties are not determined, the person is subject to the procedures in force in the Agency for dealing with APS employees who are excess to the Agency's requirements
79. If the person:
- was offered a redundancy package, or an arrangement of similar effect, as part of the person's employment by a public authority; and
- declined to accept the offer;
the person is not entitled to be offered a redundancy package, or an arrangement of similar effect, by or on behalf of the Agency Head.
80. The period during which the person was excess to the authority's requirements is to be counted as time during which the person is taken to be excess to the Agency's requirements.
81. If:
- the period during which the person is taken to be excess to the Agency's requirements is greater than the period allowed under the procedures in force in the Agency for dealing with APS employees who are excess to the Agency's requirements; or
- there is no minimum period for the person to be excess to the Agency's requirements under the procedures;
the Agency Head is entitled to terminate the person's engagement as an APS employee in accordance with section 29 of the new PS Act and the procedures in force in the Agency.
Further advice
82. Urgent enquiries from COMNET members and their staff should be made by E-mail to psact@apsc.gov.au or the PSMPC's Helpline on (02) 6202 3859. APS staff who contact the PSMPC will be asked to direct their enquiries to the appropriate area of their own agency.
83. Advice from DEWRSB is accessible through the government employment web sites at www.dewrsb.gov.au or through the PSMPC's web site.
Jeff Lamond
Team Leader
Staffing, Structures and Performance Team
3 December 1999
Attachment A: Public Employment (Consequential and Transitional) Amendment Act 1999
Section 6 - Rights under Part IV of the old PS Act-first tier
(1) During the transitional period, a first-tier person is taken to be absent from duty as an APS employee, on leave without pay.
(2) Service by a first-tier person in eligible public employment during the transitional period is counted, for the purposes of accrual of recreation leave credits and sick leave credits, as if it were service as an APS employee.
(3) A first-tier person is taken to have resigned as an APS employee at the end of the transitional period unless, before the end of the transitional period:
- the person has given notice in writing to the Agency Head, stating that the person intends to resume duties as an APS employee on the first working day after the end of the transitional period; or
- the person has been granted leave for a period that consists of, or includes, the first working day after the end of the transitional period.
(4) If a person:
- gives a notice under paragraph (3)(a) of this section; and
- is absent from duty without leave on the first working day after the end of the transitional period;
the person is taken to have resigned as an APS employee at the end of that first working day.
(5) If a person would have ceased to be an officer under the old PS Act at a particular time because of section 87JA or 87JB of the old PS Act (if the old PS Act had not been repealed), then the person is taken to have resigned as an APS employee at that time.
(6) If the transitional period for a first-tier person ends at the end of the relevant period (as defined in subsection 87D(5) of the old PS Act), then the person becomes a second-tier person at the end of that relevant period.
Section 7 - Rights under Part IV of the old PS Act-second tier
(1) A second-tier person is entitled to be engaged as an APS employee, in accordance with the regulations, within the time limits prescribed by the regulations.
(2) Regulations made for the purposes of subsection (1) may prescribe exceptions to the entitlement.
Attachment B: Definitions in the PECTA Act relating to sections 6 and 7 of the PECTA Act
Terms
eligible public employment means eligible public employment within the meaning of Part IV of the old PS Act.
first-tier person means:
- a person to whom Division 2 of Part IV of the old PS Act applied immediately before the commencing time; and
- a person to whom the Officers' Rights Declaration Act 1928 applied immediately before the commencing time because of section 87TA of the old PS Act.
second-tier person means:
- a person to whom Division 3 of Part IV of the old PS Act applied immediately before the commencing time; or
- a person who becomes a second-tier person under subsection 6(6) of this Act.
transitional period, in relation to a first-tier person, means the period that starts at the commencing time and ends at the earliest of the following times:
- the period prescribed by the regulations for the purposes of this paragraph;
- the time when the person ceases to be engaged in eligible public employment;
- the time when the person resigns or retires as an APS employee;
- the end of the relevant period (as defined in subsection 87D(5) of the old PS Act).
Definitions in the PECTA Regulations relating to sections 6 and 7 of PECTA Act
eligible public employment means eligible public employment within the meaning of Part IV of the old Act.
Note Eligible Commonwealth employment was defined in subsection 87 (1) of the old Act to mean:
- employment as the holder of a Commonwealth office; or
- employment by a Commonwealth authority.
Commonwealth office and Commonwealth authority were also defined in subsection 87 (1).
public authority means:
- a person or body, employment with which creates eligible public employment; or
- an office, the holding of which creates eligible public employment.
redundancy benefit:
- means a severance payment, or similar payment, made to an employee on cessation of the employee's employment in an Agency or with a non-APS Commonwealth employer; and
- includes:
- any payment made to an employee as a result of the shortening of a retention period; and
- any payment made to an SES employee under section 37 of the Act or section 76R of the Public Service Act 1922.
