After section 51 of the Principal Act , the following Part is inserted:

PART 7A - Managing for Performance

51A.     Role and responsibility of Head of Agency in relation to managing for performance

(1)  The Head of Agency is to ensure that performance management and development in that Agency is integrated with employment practices in, and the business direction of, that Agency to enable quality services to be delivered across the State Service.

(2)  The Head of Agency is to ensure that performance management and development is focused on the advancement of the business direction of that Agency to enable quality services to be delivered across the State Service.

(3)  The Head of Agency is to ensure that –

(a) all officers and employees employed in that Agency participate in performance management programs and systems established in that Agency; and

(b) all officers and employees employed in that Agency understand the importance of, and work to achieve performance to, the standard and requirements identified in the performance management plan relating to the officer or employee in the carrying out of their functions and exercise of their powers; and

(c) effective performance management and supporting development systems and programs are established and implemented for all officers and employees employed in that Agency; and

(d) information relating to performance management and supporting development systems and programs established in that Agency are made available to all officers and employees employed in that Agency.

51B.     Role and responsibility of officers and employees in participating in, and managing for, performance

An officer or employee employed in an Agency is to –

(a) actively prepare for and participate in performance management programs and systems established in that Agency; and

(b) perform his or her functions to the standard and requirements identified in a performance management plan relating to the officer or employee; and

(c) undertake any training, education and development that is identified from his or her participation in the performance management programs and systems established in that Agency as being relevant for the development of that officer or employee –

to ensure that –

(d) he or she is accountable for the work produced by the officer or employee; and

(e) he or she is responsive to Government priorities in the performance or exercise of his or her functions or powers; and

(f) he or she delivers quality services in the performance or exercise of his or her functions or powers.

51C.     Underperformance, &c., of officer or employee

(1)  The Minister may issue a Ministerial Direction relating to –

(a) the responsibilities of the Head of Agency in relation to performance management and reporting on performance management; and

(b) the action that may be taken by the Head of Agency in relation to an officer or employee who is not performing his or her functions to the standard and requirements identified in the performance management plan relating to the officer or employee, which may include recommending to the Minister the termination of the employment of the officer or employee; and

(c) the action that may be taken by the Head of Agency in recognising performance greater than the standard and requirements identified in the performance management plan relating to the officer or employee; and

(d) any matters contained in this Part.

(2)  If the Head of Agency is of the opinion that an officer or employee employed in that Agency is not performing his or her functions to the standard and requirements identified in the performance management plan relating to the officer or employee, the Head of Agency is to take action with respect to the officer or employee in accordance with the Ministerial Direction issued under subsection (1) .

(3)  If action is taken in accordance with the Ministerial Direction issued under subsection (1) with respect to an officer or employee, and the Head of the Agency in which the officer or employee is employed is of the opinion that the performance of the officer or employee is not to the standard and requirements identified in the performance management plan relating to the officer or employee, the Head of Agency is to, by notice in writing, inform the officer or employee –

(a) that in the opinion of the Head of Agency the performance of the officer or employee is not to the standard and requirements identified in the performance management plan relating to the officer or employee; and

(b) that the Head of Agency intends to recommend to the Minister termination of the employment of the officer or employee in the State Service; and

(c) that the officer or employee may within 14 days of the date of the notice respond to the Head of Agency in relation to the matters contained in the notice.

(4)  The Head of Agency must not give a notice to an officer or employee under subsection (3) unless the officer or employee has been given an opportunity in accordance with the Ministerial Direction issued under subsection (1) to improve his or her performance.

(5)  The Head of Agency may, not before the expiration of 14 days from the date of the notice, after considering the response of the officer or employee, take action in relation to the officer or employee which may include recommending to the Minister the termination of the employment of the officer or employee in the State Service.