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FACT SHEET
State Service Legislation (Miscellaneous Amendments) Bill 2015
The State Service Legislation (Miscellaneous Amendments) Bill 2015 (the Bill) amends the
Building and Construction Industry Training Fund Act 1990, Ombudsman Act 1978, Personal
Information Protection Act 2004, Public Interest Disclosure Act 2002, Right to Information Act 2009,
Tasmanian Development Act 1983, and Threatened Species Protection Act 1995 to remove
references to the former offices of Commissioner for Public Employment and State Service
Commissioner.
The Bill completes the consequential amendments in relation to the State Service Amendment
Act 2012.
The State Service Amendment Act amended the State Service Act 2000 to support improved
governance, role clarity and increased accountability. These amendments included abolishing
the role of the office of the State Service Commissioner in 2013.
The office of the Commissioner for Public Employment was abolished in 2000 with the repeal
of the Tasmanian State Service Act 1984. The last person who had held that office became the
first State Service Commissioner.
Eight redundant legislative references to the Commissioner for Public Employment and the
State Service Commissioner are addressed in the Bill.
Reference to Commissioner for Public Employment
Threatened Species Protection Act – Schedule 2 of the Act provides that the Commissioner
for Public Employment is to determine the remuneration for any State Service employee or
office on the Scientific Advisory and Community Review Committees. In the Bill it is proposed
that the Minister administering the State Service Act will now make that determination and be
guided by the Government Board Fee Policy. A reference to the former office of the
Commissioner for Public Employment is replaced with the Minister administering the State
Service Act.
References to the State Service Commissioner
Building and Construction Industry Training Fund Act – Section 13(10) of this Act states that
the State Service Commissioner will recommend to the Minister what remuneration and
expenses should be received by a State Service officer or employee appointed to perform
duties as an administrator. In the Bill it is proposed that the Minister administering the State
Service Act will now fulfil that role under the same employment framework that applies to all
State Service officers and employees.
Ombudsman Act – Under Schedule 2(5) of the Act the Ombudsman is excluded from
reviewing any administrative action taken by the State Service Commissioner relating to a
review of action under Section 50(1) of the State Service Act. The State Service Amendment
Act 2012 transferred the review functions of the Commissioner to the Tasmanian Industrial
Commission. Under the Bill reference to the former office of the State Service Commissioner
will be replaced with the Tasmanian Industrial Commission.
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Personal Information Protection Act – Section 20(3) of the Act allows the Ombudsman to
refer a complaint relating to a matter arising under the State Service Act to the State Service
Commissioner. Under the Bill the reference to the former office of the State Service
Commissioner and the relevant cross-references are removed. The Ombudsman can continue
to refer complaints to any person, body or authority the Ombudsman considers appropriate in
the circumstances, including Head of the State Service, Integrity Commission and Heads of
Agencies.
Public Interest Disclosure Act – Under the Bill references to the former office of the State
Service Commissioner and the relevant cross-references in the Act are removed. If a disclosure
relates to a member, officer or employee of a State Service agency, disclosure may be made to
that agency to the Integrity Commission or to the Ombudsman.
Right to Information Act – Information relating to persons or bodies listed under Section 6 of
the Act is exempt unless it relates to the administration of a public authority. It is proposed that
the Act be amended to remove the reference to the former office of the State Service
Commissioner in Section 6.
Reference to both the Commissioner of Public Employment and the State Service
Commissioner
Tasmanian Development Act – The Act makes reference to both the Commissioner of Public
Employment and the State Service Commissioner in relation to the remuneration and
expenses received by a State Service officer or employee appointed to perform duties as an
administrator. Under the Bill it is proposed that the Minister administering the State Service Act
will now fulfil that role under the same employment framework that applies to all State Service
officers and employees. An amendment to add the words ‘the employee’ will also ensure
internal consistency.
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