ABORIGINAL AFFAIRS (ARRANGEMENTS WITH THE STATES) ACT 1973
- Reprinted as at 30 April 1983 (HISTACT CHAP 776 #DATE 30:04:1983)
*1*The Aboriginal Affairs (Arrangements with the States) Act 1973 as shown in
this reprint comprises Act No. 115, 1973 amended as indicated in the Tables
below.
Table of Acts
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Application,
saving
Number Date Date of or
transitional
Act and year of Assent commencement provisions
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Aboriginal Affairs 115, 1973 26 Oct 1973 26 Oct 1973
(Arrangements with the
States) Act 1973
Public Service Acts 111, 1982 5 Nov 1982 S. 88: -
Amendment Act 1982 Royal Assent
(a)
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(a) The Aboriginal Affairs (Arrangements with the States) Act 1973 was amended
by section 88 only of the Public Service Acts Amendment Act 1982, sub-section
2 (1) of which provides that section 88 shall come into operation on Royal
Assent.
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and
substituted
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Provision affected How affected
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S. 7 . . . . . . . . . . . . . . . . . am. No. 111, 1982
S. 9 . . . . . . . . . . . . . . . . . am. No. 111, 1982
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ABORIGINAL AFFAIRS (ARRANGEMENTS WITH THE STATES) ACT 1973 - TABLE OF
PROVISIONS
TABLE
TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. Interpretation
4. Incorporation with Public Service Act
5. Arrangements with States
6. Notice to State employees of right to elect to be employed in Australian
Public Service
7. Appointment to Australian Public Service of State employees
8. Temporary employment in Australian Public Service of State employees
9. Rate of remuneration
10. Prior service reckoned as service in Australian Public Service
11. Accrued recreation leave
12. Special conditions of employment
ABORIGINAL AFFAIRS (ARRANGEMENTS WITH THE STATES) ACT 1973 - LONG TITLE
SECT
An Act providing for Arrangements with the States with respect to Aboriginal
Affairs
ABORIGINAL AFFAIRS (ARRANGEMENTS WITH THE STATES) ACT 1973 - PREAMBLE
SECT
WHEREAS by reason of an amendment made to the Constitution in the year 1967,
certain powers to make laws for the benefit of the Aboriginal people of
Australia in the States became vested in the Parliament:
AND WHEREAS the Australian Government, after consultation with the
Governments of the States, proposes that those powers and other relevant
powers be used to promote legislative and executive action under which the
Australian Government will assume increased responsibilities for the
development of the Aboriginal people of Australia including responsibilities
for the planning, co-ordination and financing of such activities as are
designed to promote the economic, social and cultural advancement of that
people and are at present the responsibility of the States and their
authorities:
AND WHEREAS by reason of the foregoing it is necessary to make provision for
enabling persons employed by the States to be appointed to the Australian
Public Service and at the same time for permitting persons in the Australian
Public Service to hold offices, and perform functions, under the laws of the
States relating to Aboriginal affairs:
BE IT THEREFORE ENACTED by the Queen, the Senate and the House of
Representatives of Australia, as follows:
ABORIGINAL AFFAIRS (ARRANGEMENTS WITH THE STATES) ACT 1973 - SECT 1
Short title
SECT
1. This Act may be cited as the Aboriginal Affairs (Arrangements with the
States) Act 1973.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
ABORIGINAL AFFAIRS (ARRANGEMENTS WITH THE STATES) ACT 1973 - SECT 2
Commencement
SECT
2. This Act shall come into operation on the day on which it receives the
Royal Assent.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
ABORIGINAL AFFAIRS (ARRANGEMENTS WITH THE STATES) ACT 1973 - SECT 3
Interpretation
SECT
3. (1) In this Act, unless the contrary intention appears -
"Australian Public Service" means the Service constituted under the Public
Service Act;
"Board" means the Public Service Board constituted under the Public Service
Act;
"employed", in relation to the Australian Public Service, means employed
under Division 10 of Part III of the Public Service Act, and "employment" and
"employee" shall be construed accordingly;
"Public Service Act" means the Public Service Act 1922-1973;
"State employee" means a person who -
(a) is employed by a State, by a Minister of the Crown of a State or by an
authority of a State; or
(b) is the holder of an office that is established by or under a law of a
State,
and performs duties concerned with Aboriginal affairs.
(2) For the purposes of this Act, a person who, with the authority of the
Board given under section 8, is employed in the Australian Public Service
shall be taken to be engaged under this Act.
ABORIGINAL AFFAIRS (ARRANGEMENTS WITH THE STATES) ACT 1973 - SECT 4
Incorporation with Public Service Act
SECT
4. The provisions of this Act relating to the appointment of persons to, and
the employment of persons in, the Australian Public Service are incorporated
and shall be read as one with the Public Service Act.
ABORIGINAL AFFAIRS (ARRANGEMENTS WITH THE STATES) ACT 1973 - SECT 5
Arrangements with States
SECT
5. (1) The Governor-General may enter into an arrangement with the Governor
of a State with respect to Aboriginal affairs.
(2) Without limiting the generality of sub-section (1), an arrangement under
that sub-section may provide for -
(a) the transfer of State employees to the Australian Public Service;
(b) the appointment of officers of the Australian Public Service to offices
under the laws of the State concerned relating to Aboriginal affairs;
(c) the performance of functions under the laws of the State concerned
relating to Aboriginal affairs by officers of, and employees in, the
Australian Public Service; and
(d) the assumption by the Australian Government of responsibilities of the
State concerned and its authorities relating to Aboriginal affairs.
(3) Notwithstanding section 91 of the Public Service Act, an officer of the
Australian Public Service may, in pursuance of an arrangement under this
section, accept or continue to hold a position as a State employee.
ABORIGINAL AFFAIRS (ARRANGEMENTS WITH THE STATES) ACT 1973 - SECT 6
Notice to State employees of right to elect to be employed in
Australian Public Service
SECT
6. (1) For the purpose of giving effect to an arrangement entered into under
section 5, the Board may, by notice in writing addressed to a person who is a
State employee -
(a) inform the person that he may elect to be appointed to the Australian
Public Service; or
(b) inform the person that he may elect to be employed in the Australian
Public Service in the Department of Aboriginal Affairs.
(2) An election in pursuance of a notice given under sub-section (1) shall
be in writing addressed to the Board and shall be delivered to the Secretary
of the Board within the period of twenty-one days after the date of the notice
or within such further period as the Board, within that period of twenty-one
days, allows.
(3) A notice under sub-section (1) shall include particulars of the proposed
appointment or employment.
ABORIGINAL AFFAIRS (ARRANGEMENTS WITH THE STATES) ACT 1973 - SECT 7
Appointment to Australian Public Service of State employees
SECT
7. Where a person elects, in pursuance of a notice given under section 6, to
be appointed to the Australian Public Service, the Board may (notwithstanding
anything contained in the Public Service Act, except in paragraphs 34 (1) (a)
and (c) of that Act) appoint him accordingly.
ABORIGINAL AFFAIRS (ARRANGEMENTS WITH THE STATES) ACT 1973 - SECT 8
Temporary employment in Australian Public Service of State employees
SECT
8. (1) Where a person elects, in pursuance of a notice given under section
6, to be employed in the Australian Public Service in the Department of
Aboriginal Affairs, the Board may authorize his employment accordingly.
(2) Sub-sections 82 (1) and (2) of the Public Service Act do not apply in
relation to any employment authorized by the Board under sub-section (1).
ABORIGINAL AFFAIRS (ARRANGEMENTS WITH THE STATES) ACT 1973 - SECT 9
Rate of remuneration
SECT
9. (1) Subject to this section, the provisions of Division 6 of Part III of
the Public Service Act relating to the reduction in, or suspension of,
remuneration payable to an officer, the Commonwealth Employees (Redeployment
and Retirement) Act 1979 and to any law providing for a reduction in the
remuneration payable to officers of the Australian Public Service generally,
the rate of remuneration of a State employee appointed or engaged under this
Act shall, while he continues in the Australian Public Service, be not less
favourable than that to which, in the opinion of the Board, he would have been
entitled in respect of the normal position which he occupied as a State
employee immediately before his appointment or engagement under this Act.
(2) Where, by virtue of sub-section (1), the remuneration to which a person
is entitled would or might be increased by reason of an increment of salary in
respect of the normal position which he occupied as a State employee, his
entitlement to the increase is subject to the provisions of the regulations
under the Public Service Act, and of the determinations in force under
sub-section 9 (7A) or section 82D of that Act that are applicable to him,
relating to increments of salary.
(3) In this section, "remuneration" means salary or pay and includes such
allowances as, in the opinion of the Board, should be regarded as having
formed part of the salary or pay of the officer or employee in his normal
position as a State employee.
ABORIGINAL AFFAIRS (ARRANGEMENTS WITH THE STATES) ACT 1973 - SECT 10
Prior service reckoned as service in Australian Public Service
SECT
10. Where a State employee is appointed or engaged under this Act and his
service in the Australian Public Service is continuous with permanent service
or temporary service, as the case may be, of that employee in the Public
Service of a State (including any service deemed under the law of the State to
have been continuous service) that service in the Public Service of the State
shall be reckoned, for the purposes of the Public Service Act, as service in
the Australian Public Service.
ABORIGINAL AFFAIRS (ARRANGEMENTS WITH THE STATES) ACT 1973 - SECT 11
Accrued recreation leave
SECT
11. A person appointed or engaged under this Act preserves his eligibility
for the grant of leave of absence for recreation that had accrued immediately
prior to his being so appointed or engaged.
ABORIGINAL AFFAIRS (ARRANGEMENTS WITH THE STATES) ACT 1973 - SECT 12
Special conditions of employment
SECT
12. (1) For the purpose of ensuring that the conditions of employment of a
person appointed or engaged under this Act are, as far as possible, as
favourable as those which, in the opinion of the Board, he enjoyed as a State
employee, the Board may, notwithstanding anything in the Public Service Act or
in any other law -
(a) determine any conditions of employment that are to apply to him; or
(b) determine that an allowance is payable to him as compensation, or both.
(2) In this section, "conditions of employment" includes conditions relating
to salary, pay or allowances, but does not include conditions relating to
superannuation.