Government Sector Employment Act 2013 (NSW)
An Act relating to employment in the government sector.
This Act is the Government Sector Employment Act 2013.
This Act commences on a day or days to be appointed by proclamation.
In this Act—
(a) the Public Service,
(b) the Teaching Service,
(c) the NSW Police Force,
(d) the NSW Health Service,
(e) the Transport Service of New South Wales,
(f) any other service of the Crown (including the service of any NSW government agency),
(g) the service of any other person or body constituted by or under an Act or exercising public functions (such as a State owned corporation), being a person or body that is prescribed by the regulations for the purposes of this definition.
(a) in the case of the Public Service—a Public Service agency, or
(b) in the case of any other service in the government sector—the group of staff comprising the service or (subject to the regulations) any separate group of that staff,
and the
(a) in the case of a Department—the Secretary of the Department, or
(b) in any other case—the head of the agency listed in Part 2 or 3 of Schedule 1.
(a) a Department, or
(b) a Public Service executive agency (being an agency related to a Department), or
(c) a separate Public Service agency.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
Notes included in this Act do not form part of this Act.
The objects of this Act are as follows—
(a) to develop a modern high performing government sector—
(i) that is efficient and effective in serving the Government in the delivery of services to the people of New South Wales, and
(ii) that has effective and fair employment arrangements, management and leadership,
(b) to establish the Public Service as the general service within the government sector,
(c) to provide transparent governance and employment arrangements for the Public Service, including providing for the employer functions and responsibilities of heads of Public Service agencies,
(d) to establish an ethical framework for the government sector comprising core values and principles that guide their implementation,
(e) to make provision for the objectives, functions and responsibilities of the Public Service Commissioner.
This Act does not apply to any of the following—
(a) a judicial officer within the meaning of the Judicial Officers Act 1986,
(b) an officer or employee of either House of Parliament or any officer or employee under the separate control of the President or Speaker, or under their joint control,
(c) persons employed under the Members of Parliament Staff Act 2013,
(d) staff of the Independent Commission Against Corruption employed under the Independent Commission Against Corruption Act 1988,
(e) staff of the Audit Office employed under the Government Sector Audit Act 1983,
(f) staff of the Judicial Commission employed under the Judicial Officers Act 1986.
However, provisions of this Act apply to the extent that this Act expressly so provides.
This Part—
(a) recognises the role of the government sector in preserving the public interest, defending public value and adding professional quality and value to the commitments of the Government of the day, and
(b) establishes an ethical framework for a merit-based, apolitical and professional government sector that implements the decisions of the Government of the day.
The core values for the government sector and the principles that guide their implementation are as follows—
• Integrity (a) Consider people equally without prejudice or favour.
(b) Act professionally with honesty, consistency and impartiality.
(c) Take responsibility for situations, showing leadership and courage.
(d) Place the public interest over personal interest.
• Trust (a) Appreciate difference and welcome learning from others.
(b) Build relationships based on mutual respect.
(c) Uphold the law, institutions of government and democratic principles.
(d) Communicate intentions clearly and invite teamwork and collaboration.
(e) Provide apolitical and non-partisan advice.
• Service (a) Provide services fairly with a focus on customer needs.
(b) Be flexible, innovative and reliable in service delivery.
(c) Engage with the not-for-profit and business sectors to develop and implement service solutions.
(d) Focus on quality while maximising service delivery.
• Accountability (a) Recruit and promote employees on merit.
(b) Take responsibility for decisions and actions.
(c) Provide transparency to enable public scrutiny.
(d) Observe standards for safety.
(e) Be fiscally responsible and focus on efficient, effective and prudent use of resources.
The Public Service Commissioner has the function of promoting and maintaining the government sector core values.
There is no hierarchy among the core values and each is of equal importance.
Nothing in this Part gives rise to, or can be taken into account in, any civil cause of action.
The Commissioner may, by order published in the Gazette, adopt a code of ethics and conduct.
Before adopting a code of ethics and conduct, the Commissioner must consult the industrial organisations that represent government sector employees and the peak body of those industrial organisations about the proposed code or ensure those industrial organisations and the peak body are consulted.
Government sector employees must comply with a code adopted under this section.
A contravention of a code adopted under this section, being an instrument under this Act, may be
In this section—
(a) an industrial organisation of employees within the meaning of the Industrial Relations Act 1996, or
(b) an association of employees registered as an organisation under the Fair Work (Registered Organisations) Act 2009 of the Commonwealth.
The Governor may appoint a Public Service Commissioner.
A person may only be appointed as Commissioner if the Advisory Board has recommended to the Premier that the person be appointed as the Commissioner.
The Governor may remove the Commissioner from office for incapacity, incompetence or misbehaviour.
The Commissioner may only be removed from office—
(a) following an independent review of the performance or conduct of the Commissioner, and
(b) if the Advisory Board has recommended to the Premier that the Commissioner be removed from office.
Any such independent review may be initiated—
(a) by the Advisory Board at the request of the Premier, or
(b) by the Premier.
An independent review of the performance or conduct of the Commissioner is not required under this section before the Commissioner can be removed from office if the performance or conduct giving rise to the Advisory Board’s recommendation for removal has been the subject of—
(a) an inquiry and report by the Independent Commission Against Corruption, a Royal Commission, a Special Commission of Inquiry or other body constituted by a judicial officer, or
(b) a finding by a court.
The Premier is, if the Commissioner is removed from office, to cause the reasons for the removal to be tabled in both Houses of Parliament.
The Commissioner must not be present during any deliberation of the Advisory Board on any matter that relates to the making of a recommendation under this section.
Schedule 2 contains provisions relating to the Commissioner.
The principal objectives of the Commissioner are as follows—
(a) to promote and maintain the highest levels of integrity, impartiality, accountability and leadership across the government sector,
(b) to ensure that government sector recruitment and selection processes comply with the merit principle and adhere to professional standards,
(c) to foster a public service culture in which integrity, trust, service and accountability are strongly valued,
(d) to build public confidence in the government sector.
The Commissioner has the function of leading the strategic development and management of the government sector workforce in relation to the following—
(a) recruitment, particularly compliance with the requirements relating to appointment and promotion on merit,
(b) equity and diversity, including strategies to ensure the government sector reflects the diversity of the wider community,
(c) general conduct and compliance with ethical practices,
(d) learning and development,
(e) executive employment arrangements.
The Commissioner has and may exercise such other functions as are conferred or imposed on the Commissioner by or under this or any other Act.
Other functions of the Commissioner include promoting and maintaining the government sector core values (see section 7); making government sector employment rules under section 12; giving directions to government sector agencies under section 13; assigning a senior executive to a role in a Public Service agency under section 38; reporting on workforce diversity under section 63 and conducting inquiries under section 83.
The Commissioner is to exercise his or her functions in accordance with the general policies and strategic directions determined by the Public Service Commission Advisory Board.
The Commissioner may make government sector employment rules, not inconsistent with this Act and the regulations, on any matter for which any such rules are authorised to be made by or under this or any other Act.
The Commissioner may amend or repeal a government sector employment rule by a further rule.
Government sector employment rules (including any amendment or repeal) are to be published on the NSW legislation website and take effect on the date they are so published or on any later specified date.
The Commissioner may, for the purposes of exercising his or her functions or ensuring compliance with this Act, the regulations and the government sector employment rules, give a direction in writing to the head of a government sector agency on a specific matter in relation to the employees of that agency.
If any such direction is given to the Secretary of a Department, the direction may extend to the Public Service senior executives employed in a Public Service executive agency related to the Department.
Before giving a direction the Commissioner is to consult the head of the government sector agency to whom the direction is to be given and such other persons affected by the direction as the Commissioner considers appropriate.
The head of the government sector agency to whom a direction under this section is given must comply with the direction.
However, the head of a separate Public Service agency is not required to comply with the direction if the head considers that the direction is not consistent with the independent exercise of statutory functions by the head and the agency. The head is required to report to any Parliamentary Committee that oversees the exercise of those functions on the reasons for any non-compliance with the substantive employment outcomes sought by the direction.
A direction under this section—
(a) must not be inconsistent with this Act (including the regulations and the government sector employment rules) or with the principal objectives of the Commissioner referred to in this Division, and
(b) must be made publicly available by the Commissioner as soon as practicable after it is given.
The Commissioner is to report to the Premier in connection with the exercise of the Commissioner’s functions but is not subject to the control and direction of the Premier in the exercise of those functions.
This section does not limit any other provisions of this Act relating to the exercise of the functions of the Premier or the Commissioner.
The Commissioner must, as soon as practicable after 30 June in each financial year, give to the Premier a report on the Commissioner’s work and activities for the financial year.
(Repealed)
The Premier is to table any report under this section, or cause it to be tabled, in both Houses of Parliament as soon as practicable after it is received by the Premier.
The Commissioner may require the head of a government sector agency to provide the Commissioner with a report on such matters relating to the employees of the agency, or to the employment policies and practices of the agency, as the Commissioner requires.
If the Secretary of a Department is required to provide any such report, the requirement may extend to the Public Service senior executives employed in a Public Service executive agency related to the Department.
The Commissioner may also require the head of a government sector agency to provide the Commissioner with information collected or held by the agency in dealing with matters relating to government sector employees.
The head of the government sector agency concerned must comply with a requirement under this section within such time and in such manner as the Commissioner directs.
Any law relating to the protection of personal information (within the meaning of the Privacy and Personal Information Protection Act 1998) does not operate to prevent the furnishing of information, or affect a duty to furnish information, under this section.
In this section,
Persons may be employed in the Public Service to enable the Commissioner to exercise his or her functions. Those persons may be referred to as the staff of the Commissioner or as employees of the Public Service agency in which they are employed.
The Commissioner may delegate the exercise of any function of the Commissioner (other than this power of delegation) to—
(a) the head of any government sector agency or an employee of any government sector agency, or
(b) any person, or any class of persons, authorised for the purposes of this section by the regulations.
The Commissioner must arrange for information about the Commissioner’s functions and the work of the Commissioner to be published on a NSW Government website.
The government sector employment rules may deal with any requirement under this Act for the approval or concurrence of the Commissioner, or for consultation with the Commissioner, and may provide for the circumstances in which the approval, concurrence or consultation is not required.
The Commissioner is, to the extent that it is reasonable and practicable to do so, to remove any personal information from any report or other document prepared by the Commissioner under this Part that is, or is to be, publicly available. In this subsection,
The regulations may make provision with respect to the exercise of the functions of the Commissioner.
There is to be a Public Service Commission Advisory Board.
The Advisory Board is to consist of the following members—
(a) a person appointed by the Premier as the Chairperson of the Advisory Board,
(b) 4 other persons appointed by the Premier,
(c) the Commissioner or a senior member of the staff of the Commissioner nominated by the Commissioner,
(d) the Secretary of the Premier’s Department or a senior employee of that Department nominated by the Secretary,
(e) the Secretary of the Treasury or a senior employee of the Treasury nominated by the Secretary.
The members appointed by the Premier are to be persons who together have expertise in human resources management, probity and accountability, strategic planning, budget and performance management and service delivery in the public, private, tertiary and not-for-profit sectors.
Schedule 3 contains provisions relating to the members and procedure of the Advisory Board.
The Advisory Board has the following functions—
(a) to determine general policies and strategic directions in relation to the functions of the Commissioner,
(b) to provide the Premier, either at the request of the Premier or on its own initiative, with advice on any matter relating to the management and performance of the government sector.
The Advisory Board has such other functions as are conferred or imposed on it by or under this or any other Act.
The Public Service of New South Wales consists of those persons who are employed under this Part by the Government of New South Wales in the service of the Crown.
See section 47A of the Constitution Act 1902.
The Government of New South Wales may employ persons in the Public Service in accordance with this and any other Act or law.
Persons may be so employed for the following purposes—
(a) to enable Ministers to exercise their functions,
(b) to enable statutory bodies or statutory officers to exercise their functions,
(c) for any other purpose.
This section does not affect any other means (statutory or otherwise) by which a person may be employed in the service of the Crown.
Other ways in which persons are employed in the service of the Crown include employment in the Teaching Service, the NSW Health Service or the NSW Police Force—see definition of
Public Service employees are employed in—
(a) Departments (listed in Part 1 of Schedule 1), or
(b) Public Service executive agencies related to Departments (listed in Part 2 of Schedule 1), or
(c) separate Public Service agencies (listed in Part 3 of Schedule 1).
A Department or other Public Service agency may comprise such branches or other groups of employees as the Secretary of the Department or the head of the other agency determines from time to time.
Part 7 of the Constitution Act 1902 authorises the amendment of Schedule 1 by an administrative arrangements order under that Part. Any such order may also amend Schedule 1 to specify, change or remove the Department to which a Public Service agency is related.
An administrative arrangements order may create, abolish or change the name of Departments and other Public Service agencies and transfer employees between agencies.
The head of a Department is the Secretary of the Department.
The office of Secretary of a Department is established by this section.
If a Department is abolished or its name is changed, the office of Secretary of the Department is taken to be abolished or its name correspondingly changed by the operation of this section.
Appointments to the office of Secretary of a Department are to be made by the Minister.
The Minister may delegate the function of appointing Secretaries—see section 81.
The appointment of a person to the office of Secretary of a Department is to be made by a contract of employment (under Division 4) between that person and the person who makes the appointment. The person so appointed is a Public Service employee who is employed in the Department.
The Minister may, subject to this and any other Act or law, exercise on behalf of the Government of New South Wales the employer functions of the Government (as referred to in section 26(3)) in relation to the Secretary of a Department.
The Minister may appoint a Public Service employee to act as the Secretary of a Department if the office of the Secretary is vacant or if the Secretary is unavailable.
A person, while acting as the Secretary of a Department, has all the functions of the Secretary.
The Minister may, at any time, terminate an acting appointment.
The regulations may make provision with respect to the conditions of employment of a person acting as the Secretary of a Department.
The Secretary of a Department is responsible to the Minister or Ministers to whom the Department is responsible for the general conduct and management of the functions and activities of the Department in accordance with the government sector core values under Part 2.
Section 50C of the Constitution Act 1902 provides for the designation of the Minister or Ministers to whom a Department is responsible.
Any action taken in the exercise of a responsibility under this section is not to be inconsistent with the functions conferred by this Act on a Minister administering this Act or the Public Service Commissioner.
The Secretary of a Department is also responsible for workforce diversity under Part 5.
The role of a Secretary of a Department includes, but is not limited to, the following—
(a) policy adviser—acting as principal official policy adviser to the Minister or Ministers to whom the Secretary is responsible,
(b) manager—ensuring the delivery of the Government’s policies and programs and collaborating with other agencies across the government sector to achieve the Government’s stated outcomes,
(c) leader—providing stewardship within the Department and, in partnership with other Secretaries and the Public Service Commissioner, across the government sector,
(d) employer—exercising the employer functions of Government under this Act,
Note— See section 26.
(e) other roles conferred or imposed on the Secretary by or under this or another Act or another law.
Without limiting subsection (1), the responsibilities of a Secretary of a Department also include the following—
(a) to manage the affairs of the Department efficiently, effectively and ethically,
(b) to provide frank and fearless advice to the Minister or Ministers to whom the Secretary is responsible about matters relating to the Department and its related agencies,
(c) to implement measures to ensure the Department complies with the law,
(d) to provide leadership, strategic direction and a focus on results for the Department,
(e) to maintain clear lines of communication with the heads of the Department’s related agencies,
(f) to engage with stakeholders, particularly in relation to the core activities of the Department,
(g) to ensure that the Department has a strong strategic policy capability that can consider complex, whole-of-government issues,
(h) to assist Ministers in fulfilling Ministerial accountability obligations to Parliament in providing factual information in relation to the operation and administration of the Department,
(i) to accept and take other responsibilities conferred or imposed on the Secretary by or under this or another Act or another law.
The Secretary of a Department may, subject to this and any other Act or law, exercise on behalf of the Government of New South Wales the employer functions of the Government in relation to the following—
(a) the Public Service senior executives assigned to roles in the Department,
(b) the other employees of the Department,
(c) the head of each Public Service executive agency related to the Department unless—
(i) the office of the head is a statutory office established by another Act, or
(ii) the head is the Secretary, or
(iii) Schedule 1 provides that some other person exercises the employer functions in relation to the head,
(d) the Public Service senior executives assigned to roles in each Public Service executive agency related to the Department.
(Repealed)
The employer functions of the Government are all the functions of an employer in respect of employees, including (without limitation) the power to employ persons, to assign them to roles and to terminate their employment.
In the exercise of the employer functions referred to in subsection (1), a Secretary of a Department is not subject to the direction or control of a Minister.
Division 6 confers on the Industrial Relations Secretary employer functions relating to the determination of the conditions of employment of, and other industrial matters relating to, Public Service employees.
The Secretary of a Department may delegate to any employee of the Department or of any other Public Service agency or to any statutory officer—
(a) any of the functions of the Secretary under this Act (other than this power of delegation), and
(b) any employer functions under any other Act or law that the Secretary exercises on behalf of the Government of New South Wales in relation to Public Service employees.
If—
(a) a function of the Secretary of a Department is delegated to an employee or officer in accordance with subsection (1), and
(b) the instrument of delegation authorises the sub-delegation of the function,
then, subject to any conditions to which the delegation is subject, the employee or officer may sub-delegate the function to another employee of the Department or of any other Public Service agency or to a statutory officer.
For the purposes of this section, the functions of the Secretary of a Department include any functions delegated to the Secretary under this Act.
The government sector employment rules may limit a power of delegation or sub-delegation under this section.
The head of a Public Service agency (other than a Department) is the holder of the office specified in Part 2 or 3 of Schedule 1 in relation to the agency concerned.
The Secretary of a Department may be specified as the head of any other Public Service agency and the same person may be specified as the head of more than one agency.
An administrative arrangements order under Part 7 of the Constitution Act 1902 may amend Schedule 1 to specify or change the head of a Public Service agency (other than a Department).
The office of head of a Public Service agency (other than a Department) is established by this section, unless it is a statutory office created by another provision of this Act or by any other Act.
The statutory offices established by another provision of this Act or by any other Act are identified in Part 2 or 3 of Schedule 1. Accordingly, the following provisions of this section do not apply to any such head of an agency.
If the description of an office established by this section is omitted or changed by an amendment of Schedule 1, the office is taken to be abolished or its name correspondingly changed by the operation of this section.
Appointments to an office of head established by this section are, subject to subsection (6A), to be made—
(a) in the case of a Public Service executive agency related to a Department—by the Secretary of the Department, or
(b) in the case of a separate Public Service agency—by the Minister.
If Schedule 1 provides that some other person exercises the employer functions of the Government of New South Wales in relation to the head—
(a) appointments to the office of the head are to be made by that other person, and
(b) that other person may delegate to an authorised person any of those employer functions (other than the power to appoint a person to the office of head of the agency concerned or to terminate the office holder’s employment).
For the purposes of this subsection,
The appointment of a person to an office of head established by this section is to be made by a contract of employment (under Division 4) between that person and the person who makes the appointment. The person so appointed is a Public Service employee who is employed in the Public Service agency concerned.
The person authorised to appoint the head of a Public Service agency (other than a Department) may appoint a Public Service employee to act as the head of the agency if the office of the head is vacant or if the head is unavailable (and no other person has been duly appointed to act as a statutory officer who is the head of that office).
A person, while acting as the head of any such Public Service agency, has all the functions of the head.
An acting appointment may be terminated, at any time, by the person who made the acting appointment.
The regulations may make provision with respect to the conditions of employment of a person acting as the head of any such Public Service agency.
The head of a Public Service agency (other than a Department) is responsible to the Minister or Ministers to whom the agency is responsible for the general conduct and management of the functions and activities of the agency in accordance with government sector core values under Part 2.
Any action taken in the exercise of a responsibility under this section is not to be inconsistent with the functions conferred by this Act on a Minister administering this Act or the Public Service Commissioner.
The head of any such agency is also responsible for workforce diversity under Part 5.
The head of a Public Service agency (other than a Department) may, subject to this and any other Act or law, exercise on behalf of the Government of New South Wales the employer functions of the Government in relation to the employees of the agency (other than Public Service senior executives of an agency that is related to a Department).
The employer functions of the Government are all the functions of an employer in respect of employees, including (without limitation) the power to employ persons, to assign their roles and to terminate their employment.
In the exercise of the employer functions referred to in subsection (1), a head of a Public Service agency is not subject to the direction or control of a Minister.
The Secretary of the relevant Department exercises employer functions in relation to Public Service senior executives of an agency that is related to the Department.
Division 6 confers on the Industrial Relations Secretary employer functions relating to the determination of the conditions of employment of, and other industrial matters relating to, Public Service employees.
The head of a Public Service agency (other than a Department) may delegate to any employee of the agency or of any other Public Service agency or to a statutory officer—
(a) any of the functions of the head under this Act (other than this power of delegation), and
(b) any employer functions under any other Act or law that the head exercises on behalf of the Government of New South Wales in relation to Public Service employees.
If—
(a) a function of the head of an agency is delegated to an employee or officer in accordance with subsection (1), and
(b) the instrument of delegation authorises the sub-delegation of the function,
then, subject to any conditions to which the delegation is subject, the employee or officer may sub-delegate the function to another employee of the agency or of any other Public Service agency or to a statutory officer.
For the purposes of this section, the functions of the head of an agency include any functions delegated to the head of the agency under this Act.
The government sector employment rules may limit a power of delegation or sub-delegation under this section.
This Division applies to the following—
(a) the Secretary of a Department,
(b) the head of any other Public Service agency if the head is an employee of the agency and not a statutory officer,
(c) any other employees of a Public Service agency who are employed in a Public Service senior executive band.
For the purposes of this Act, the employees to whom this Division applies are
The person who is authorised by this Act to exercise the employer functions of the Government of New South Wales in relation to a Public Service senior executive is referred to in this Division as the
Employment as a Public Service senior executive may be any one of the following kinds of employment—
(a) ongoing employment,
(b) term employment.
Ongoing employment is employment that continues until the executive resigns or his or her employment is terminated.
Term employment is employment for a specified period or for the duration of a specified task (unless the executive sooner resigns or his or her employment is sooner terminated).
The Minister may from time to time determine the bands in which Public Service senior executives are to be employed (the
The senior executive bands determination may deal with matters related to bands.
The Minister may amend or repeal the senior executive bands determination by a further determination.
Before making, amending or repealing the senior executive bands determination, the Minister is to obtain the advice of the Commissioner.
The senior executive bands determination (including any amendment or repeal) is to be published on the NSW legislation website and takes effect on the date it is so published or on any later specified date.
The senior executive bands determination also applies under relevant legislation relating to the employment of Transport Service senior executives, Police Force senior executives and Health Service senior executives.
See Government Sector Employment (Senior Executive Bands) Determination 2014.
The government sector employment rules may deal with any matter relating to the employment of Public Service senior executives, including (without limitation) the following matters—
(a) work level standards for roles in the bands in which those executives are employed,
(b) methods of job evaluation for the roles of those executives,
(c) capabilities for the roles of those executives,
(d) the assignment (including temporary assignment) of those executives to roles,
(e) contracts of employment of those executives and their contents.
The legislation under which Police Force senior executives, Health Service senior executives and Transport Service senior executives are employed also provides for the making of government sector employment rules under section 12 of this Act relating to the employment of those executives.
A Public Service senior executive is to be employed in a band determined under the senior executive bands determination that the employer of the executive considers appropriate for the role of the executive.
In determining the number of Public Service senior executives and the appropriate band in which they are employed, the employer is to apply the applicable work level standards and have regard to any guidance provided by the Commissioner.
In this section—
A Public Service senior executive may, from time to time, be assigned as follows—
(a) to a role in any Public Service agency in the band in which the executive is employed,
(b) with the prior written consent of the executive—to a role in any Public Service agency in a lower band to the band in which the executive is employed,
(c) with the prior written consent of the executive—to a role in the Public Service agency in which the executive is employed in a classification of work in which Public Service non-executive employees are employed.
To avoid doubt, if a person is assigned to a role—
(a) under subsection (2)(b)—the person, on and from the assignment, is employed in the lower band, or
(b) under subsection (2)(c)—the person, on and from the assignment, ceases to be a Public Service senior executive and becomes a Public Service non-executive employee.
A Public Service senior executive may be assigned to a role by the employer of the executive or by the Commissioner.
Public Service senior executives may be assigned to roles to enable the flexible deployment of staff resources and to develop the capabilities of staff.
A Public Service senior executive employed in a Public Service agency may be assigned under this section to a role in another Public Service agency—
(a) by an agreement between the current employer of the executive and the person who will, on the assignment, be the employer of the executive, or
(b) by the Commissioner.
In that case, the executive becomes an employee of the other agency.
The Secretary of a Department is not to assign a Public Service senior executive to a role in a Public Service executive agency related to the Department without consulting the head of the agency.
The Commissioner is not to assign a Public Service senior executive to a role in a Department or a Public Service executive agency related to a Department without consulting the Secretary of the Department and the head of any such agency.
The Commissioner is not to assign a Public Service senior executive to a role in a separate Public Service agency without the agreement of the head of the agency.
A Public Service senior executive may—
(a) be transferred by the employer of the executive to the NSW Health Service (with the agreement of the Secretary of the Ministry of Health) and assigned to a role by that Secretary in the band in which the executive is employed, or
Note. A Public Service senior executive may not be assigned to the role of chief executive of a local health district or specialty network governed health corporation except with the concurrence of the board of the organisation concerned—see section 121D(11) of the Health Services Act 1997.
(b) be transferred by the employer of the executive to the NSW Police Force (with the agreement of the Commissioner of Police) and assigned to a role (other than as a police officer) by the Commissioner of Police in the band in which the executive is employed, or
(c) be transferred by the employer of the executive to the Transport Service of New South Wales (with the agreement of the Secretary of the Department of Transport) and assigned to a role by that Secretary in the band in which the executive is employed.
A Public Service senior executive is not to be assigned to a different role under subsection (2)(a) or transferred under subsection (7A) unless the executive has been consulted.
The remuneration payable to a Public Service senior executive referred to in subsection (8) is not to be reduced because of the assignment to the different role without the prior written consent of the executive.
The remuneration payable to the Public Service senior executive assigned under subsection (2)(b) or (c) is to be adjusted, on the commencement of the assignment, to a level appropriate for the lower band or classification of work.
A Public Service senior executive is to be employed under a written contract of employment signed by the executive and by the employer on behalf of the Government.
The government sector employment rules may deal with contracts of employment of Public Service senior executives and their contents.
The government sector employment rules may prescribe model contracts of employment and may specify any model provisions that are mandatory and that prevail in the event of any inconsistency with the provisions of a contract of employment entered into after the commencement of those mandatory provisions.
Subject to this Act, the government sector employment rules and any direction issued by the Commissioner under this Act, a contract of employment of a Public Service senior executive is to deal with the following matters—
(a) the band in which the executive is employed,
(b) (Repealed)
(c) the duration of the contract if the executive is not employed in ongoing employment,
(d) the total remuneration package of the executive (comprising monetary remuneration and employment benefits) and any allowances,
(e) performance obligations, and reviews of performance, of the executive,
(f) progression in the total remuneration package of the executive based on performance,
(g) leave and other conditions of employment of the executive,
(h) the compensation for any termination of employment of the executive by the employer (including the period to which the compensation relates),
(i) any other matter prescribed by the regulations.
The contract of employment of a Public Service senior executive does not limit, and is not terminated or otherwise affected by—
(a) the transfer of the executive under section 38(7A) to the NSW Health Service, the NSW Police Force or the Transport Service of New South Wales, or
(b) the assignment of the executive to a different role or any other change to the title, place of work or duties of the executive.
A contract of employment of a Public Service senior executive may, subject to this section, be varied at any time in accordance with the contract or by further agreement.
The regulations may make provision with respect to the compensation (if any) to which a Public Service senior executive whose employment is terminated is entitled under his or her contract of employment. Any such regulation cannot reduce the amount of compensation to which a Public Service senior executive is entitled under a contract of employment entered into before the commencement of the regulation.
The remuneration package of a Public Service senior executive must be within the range determined under the Statutory and Other Offices Remuneration Act 1975 for the band in which the executive is employed.
The kinds and value of employment benefits and the allowances for a Public Service senior executive are to be determined in accordance with the regulations or (subject to the regulations) by the Commissioner.
A Public Service senior executive is only entitled to the remuneration, employment benefits or allowances provided in the executive’s contract of employment.
For the purposes of this Division, employment benefits for a Public Service senior executive are—
(a) contributions by the executive’s employer to a superannuation scheme or fund of the executive, and
(b) other benefits provided to the executive at the cost of the executive’s employer that are of a private nature.
For the purposes of this Division, allowances for a Public Service senior executive are allowances paid in money, other than allowances excluded by the government sector employment rules.
The employer of a Public Service senior executive may terminate the employment of the executive at any time, for any or no stated reason and without notice.
The employment of a senior executive may also be terminated for unsatisfactory performance under section 68 or for misconduct under section 69.
A Public Service senior executive whose employment is terminated under this section is entitled to such compensation (if any) as may be provided in the contract of employment of the executive (and to no other compensation or entitlement for the termination of employment other than superannuation entitlements).
A Public Service senior executive whose employment is so terminated is not to be employed in the public sector during the period specified in the contract of employment to which any such compensation relates unless arrangements have been made for a refund of the proportionate amount of the compensation.
The employment of the head of a Public Service agency that is related to a Department may not be terminated under this section by the Secretary of the Department unless the Secretary has consulted the Commissioner.
In this section—
(a) engagement of the former executive as a consultant or contractor to the employer, and
(b) engagement of the former executive through a labour hire arrangement with the employer, and
(c) engagement of a company or partnership that provides the services of the former executive to the employer, and
(d) the appointment of the former executive to a statutory office.
To avoid doubt, subsection (3) has effect despite another Act or law unless the other Act or law explicitly provides that the subsection does not apply.
This Division applies to Public Service employees other than Secretaries of Departments, heads of other Public Service agencies and other Public Service senior executives.
The employees to whom this Division applies are referred to in this Division as
Employment as a Public Service non-executive employee may be any one of the following kinds of employment—
(a) ongoing employment,
(b) temporary employment,
(c) casual employment.
Ongoing employment is employment that continues until the employee resigns or his or her employment is terminated.
Temporary employment is employment for a temporary purpose.
Casual employment is employment to carry out irregular, intermittent, short-term, urgent or other work as and when required.
An employee who is employed to assist a specified judicial officer (or other specified officer of a kind prescribed by the regulations) may be employed on the basis that the person’s employment may be terminated when the officer ceases to hold office.
(Repealed)
Public Service non-executive employees are to be employed in a classification of work determined by the head of the Public Service agency in which the person is employed in accordance with this Act and any other Act or law.
See Division 6 in relation to classifications determined under industrial instruments.
A classification of work extends to any kind of work and any grade of that work.
In this section—
The head of a Public Service agency may from time to time assign Public Service non-executive employees of the agency to roles in the agency in the classification of work in which the employees are employed.
Public Service non-executive employees may be assigned to roles to enable the flexible deployment of staff resources within the agency and to develop the capabilities of staff.
A Public Service non-executive employee is not to be assigned to a different role unless the employee has been consulted. The remuneration payable to the employee is not to be reduced because of the assignment to the different role without the consent of the employee.
The head of a Public Service agency may, by instrument in writing, terminate the employment of a Public Service non-executive employee of the agency on any of the following grounds if the employment is ongoing employment—
(a) the employee has failed to meet a condition of engagement as an employee under section 54,
(b) the employee lacks, or has lost, an essential qualification for performing the duties of the role assigned to the employee,
(c) the performance of the employee is determined under section 68 to be unsatisfactory,
(d) the employee is unable to perform the duties of the role assigned to the employee because of physical or mental incapacity,
(e) the employee is retired on medical grounds under section 56,
(f) the employee has refused to perform the duties of the role assigned to the employee,
(g) the employee has abandoned his or her employment,
(h) a finding of misconduct has been made against the employee under section 69,
(i) (Repealed)
(j) the employee is determined in accordance with the regulations and the government sector employment rules to be excess to the requirements of the relevant part of the agency in which he or she is employed,
(k) on any other ground prescribed by the regulations.
The instrument is to set out the ground or grounds on which the employment is terminated.
The head of a Public Service agency may, by instrument in writing, terminate the employment of a Public Service non-executive employee of the agency at any time if the employment is not ongoing employment.
The government sector employment rules may deal with any matter relating to the employment of Public Service non-executive employees, including (without limitation) the following matters—
(a) the recruitment of any such employees (including the recruitment process and the application of the principle of employment on merit),
(b) the circumstances in which any such employees may be employed in particular kinds of employment,
(c) the conditions of engagement of any such employees,
(d) work level standards for roles in classifications of work in which any such employees are employed,
(e) methods of job evaluation for the roles of any such employees,
(f) capabilities for the roles of any such employees,
(g) the assignment of any such employees to roles (including temporary assignment to another role),
(h) (Repealed)
(i) the termination of employment of any such employees,
(j) dealing with any such employees who are excess employees.
In this Division—
An administrative arrangements order may be made under Part 7 of the Constitution Act 1902 to change the reference to the Secretary of the Premier’s Department having regard to future administrative changes in the allocation of Ministerial and departmental responsibilities.
This Division does not apply to the conditions of employment of the Secretary of a Department or a Public Service senior executive. This subsection does not prevent particular conditions of employment under this Division from being adopted by reference in the contract of employment of the Secretary or executive.
The Industrial Relations Secretary is, for the purposes of any proceedings relating to Public Service employees held before a competent tribunal having jurisdiction to deal with industrial matters, taken to be the employer of Public Service employees.
The Industrial Relations Secretary may enter into an agreement with any association or organisation representing a group of Public Service employees with respect to industrial matters.
Any such agreement binds all Public Service employees in the group affected by the agreement, and no such employee (whether a member of the association or organisation with which the agreement was entered into or not) has any right of appeal against the terms of the agreement.
An agreement under this section is not an enterprise agreement within the meaning of the Industrial Relations Act 1996. However, the Industrial Relations Secretary (or any delegate of the Industrial Relations Secretary) may enter into such an enterprise agreement as the employer of the employees concerned.
The Industrial Relations Secretary may from time to time make determinations fixing conditions of employment of Public Service employees (or any group of them).
Conditions of employment that are so determined apply to Public Service employees unless inconsistent with this Act, State industrial instruments or any other law.
This section does not prevent the head of a Public Service agency from determining conditions of employment of employees of the agency for the purposes of the day to day management of the agency in matters not regulated by State industrial instruments and determinations under this section.
For the purposes of the recovery of any amount owing under a determination under this section, the determination is taken to be a State industrial instrument.
The Industrial Relations Secretary may amend or rescind a determination made under this section, but only if no Public Service employee will be adversely affected by the amendment or rescission.
The Industrial Relations Secretary is not subject to the control and direction of any Minister—
(a) in determining conditions of employment under this Division, or
(b) in dealing with a dispute relating to an industrial matter concerning Public Service employees.
The Industrial Relations Secretary may delegate any of his or her functions under this Division (other than this power of delegation) to the head of a Public Service agency or any Public Service employee or to a statutory officer.
A delegate under subsection (2) may, subject to the conditions of the delegation, sub-delegate a function to a Public Service employee or to a statutory officer if the delegate is authorised in writing to do so.
The Industrial Relations Secretary has the following functions—
(a) advising the Government on appropriate strategies and policies regarding employment conditions and industrial relations in the government sector,
(b) monitoring the implementation of Government strategies and policies on employment conditions and industrial relations in the government sector and assisting with the implementation of those strategies and policies.
The Industrial Relations Secretary must consult with the Public Service Commissioner before exercising any function under this subsection.
The head of a Public Service agency is to notify the Industrial Relations Secretary of such industrial matters affecting the agency as the Industrial Relations Secretary specifies in a notice given to the head of the agency.
A Public Service employee who is authorised by the Industrial Relations Secretary for the purposes of this subsection may—
(a) enter the premises of any Public Service agency, and
(b) require the production of and examine any documents in the custody of any Public Service employee, and
(c) require any Public Service employee to answer questions,
for the purposes of enabling the Industrial Relations Secretary to exercise his or her functions under this Division.
The engagement of a Public Service employee may be made subject to conditions notified to the employee on his or her engagement.
The conditions may include (without limitation) conditions dealing with any of the following matters—
(a) probation,
(b) citizenship or residency requirements,
(c) formal qualifications,
(d) security and other clearances,
(e) health clearances.
The imposition of conditions of engagement is subject to the government sector employment rules.
The contract of employment of a Public Service senior executive may include conditions of engagement.
Public Service employees have the entitlements to extended and other leave prescribed by the regulations.
A Public Service employee may resign his or her employment by written notice to the person who exercises employer functions in relation to the employee.
The person who exercises employer functions in relation to a Public Service employee may retire the employee if—
(a) the employee is found to be unfit to perform or incapable of performing the duties of his or her employment, and
(b) the employee’s unfitness or incapacity—
(i) appears likely to be of a permanent nature, and
(ii) has not arisen from actual misconduct on the part of the employee, or from causes within the employee’s control.
The right or power of the Crown to dispense with the services of any Public Service employee, as it existed immediately before the commencement of this section, is not abrogated or restricted by any of the provisions of this Act.
A Public Service employee is not, except as provided by this or any other Act, entitled to any compensation as a result of the person’s services being dispensed with.
In this section,
In this section, a reference to the employment of an executive employee is a reference to—
(a) the engagement of, or failure to engage, a person as an executive employee, or
(b) the assignment or re-assignment of the executive employee to a role in a band, or
(c) the removal, retirement, termination of employment or other cessation of employment of an executive employee, or
(d) any disciplinary proceedings or action taken against an executive employee, or
(e) the remuneration or other conditions of employment of an executive employee.
The employment of an executive employee, or any matter, question or dispute relating to any such employment, is not an industrial matter for the purposes of the Industrial Relations Act 1996.
Parts 6, 7 and 9 of Chapter 2 of the Industrial Relations Act 1996 do not apply to or in respect of the employment of an executive employee.
Any State industrial instrument (whether made before or after the commencement of this section) does not have effect in so far as it relates to the employment of executive employees. This subsection does not prevent the regulations or other statutory instruments or any contract of employment from applying the provisions of any such industrial instrument to the employment of an executive employee.
The engagement of, or the failure to engage, a person as a non-executive employee, or any matter, question or dispute relating to any such engagement (or failure to engage), is not an industrial matter for the purposes of the Industrial Relations Act 1996.
No proceedings for an order in the nature of prohibition, certiorari or mandamus or for a declaration or injunction or for any other relief, lie in respect of a matter that is declared by this section not to be an industrial matter for the purposes of the Industrial Relations Act 1996.
Nothing in this section prevents any of the following proceedings from being brought by an employee of a Public Service agency in relation to the employment of another employee of any Public Service agency—
(a) proceedings under Part 9 of the Anti-Discrimination Act 1977 in relation to a complaint under that Part,
(b) proceedings under section 213 of the Industrial Relations Act 1996 to enforce the provisions of section 210 (Freedom from victimisation) of that Act.
In any other Act, in any statutory or other instrument, or in any contract or agreement (whether enacted, made or executed before or after the commencement of this section)—
(a) a reference to an officer or employee, or a member of staff, of a statutory body or statutory officer is to be read as including a reference—
(i) to a Public Service employee who is employed to enable the statutory body or statutory officer to exercise functions, and
(ii) to any other person whose services the statutory body or statutory officer makes use of (whether by way of secondment or otherwise), and
(b) a reference to a statutory body or statutory officer in the capacity of an employer of persons is, to the extent that the persons concerned comprise persons employed in the Public Service to enable the statutory body or statutory officer to exercise functions, to be read as including a reference to the Government of New South Wales or, as the case requires, to the head of the Public Service agency in which the persons are employed.
This section is subject to the regulations.
The Minister or the Treasurer may give directions to a statutory body requiring the payment by the statutory body, on behalf of the Government of New South Wales, of the remuneration and other employment-related costs (such as superannuation, workers compensation and public liability insurance) in respect of those Public Service employees who are employed to enable the statutory body to exercise its functions.
If a fund is established under any Act in connection with a statutory body and the provisions of that Act authorise the payment of amounts from the fund in connection with the employment of persons, the statutory body is authorised to apply the fund for the purposes of any payment required to be made by the body under subsection (1).
If—
(a) a person is employed in the Public Service to enable a statutory body to exercise its functions, and
(b) the Government of New South Wales is, as the person’s employer, proceeded against for any negligence or other tort of the person (whether the damages are recoverable in an action for tort or breach of contract or in any other action), and
(c) the statutory body is entitled under a policy of insurance or indemnity to be indemnified in respect of liability that the body may incur in respect of that negligence or other tort,
the Government is subrogated to the rights of the statutory body under that policy in respect of the liability incurred by the Government arising from that negligence or other tort.
A group of Public Service employees employed to enable a statutory body to exercise its functions is, for the purposes of the Privacy and Personal Information Protection Act 1998 and the Health Records and Information Privacy Act 2002, taken to be part of the statutory body.
In this section—
The head of a government sector agency is responsible for workforce diversity within the agency and for ensuring that workforce diversity is integrated into workforce planning in the agency.
The government sector employment rules may deal with workforce diversity in any government sector agency. The head of the agency is to ensure that any obligations of the agency under those rules are complied with.
The Commissioner is to include in annual or other reports under Part 3 periodic reports on workforce diversity across government sector agencies.
The obligations of those rules prevail over any inconsistent obligations under the Anti-Discrimination Act 1977.
The government sector employment rules may deal with the transfer or secondment of employees between government sector agencies (whether or not at the request of the employees).
See also Part 4 with respect to assignment of Public Service senior executives to roles.
Unless a transfer or secondment is initiated by the employee, the person who initiates a transfer or secondment is required to consult the employee.
The remuneration of an employee who is transferred or seconded is not to be reduced without the approval of the employee.
The government sector employment rules are to set out the circumstances in which employees have the right to have a transfer or secondment they have not initiated reviewed.
The government sector employment rules may make provision with respect to the recognition of service for the accrual of leave and to other matters consequent on the transfer or secondment of employees between government sector agencies.
This section does not apply to the transfer or secondment of an employee to or from that part of the NSW Police Force comprising police officers.
In this section,
(a) the service of a State owned corporation (or a subsidiary), and
(b) any service in which persons excluded from this Act by section 5 are employed (but only for transfers or secondments initiated by the employee).
A person may be employed in 2 or more government sector agencies (whether those agencies are Public Service agencies, other agencies or a combination of Public Service agencies and other agencies).
If the person is employed in 2 or more government sector agencies, the heads of those agencies may determine that the person is to be regarded as employed in one of those agencies for the purposes of all or any conditions of employment of the person (including for the purposes of provisions of or made under this Act or any other Act relating to the employment of the person).
Arrangements may be made under this section under which—
(a) (Repealed)
(b) a person who is employed in a government sector agency is seconded to carry out work in or for a non-government sector body, or
(c) a person who is employed in or by a non-government sector body is seconded to carry out work in or for a government sector agency.
Any such secondment may be on a full-time or part-time basis.
An arrangement for a secondment under this section is to be made between the head of the government sector agency and the person responsible for the employment of persons in or by the non-government sector body.
A person employed in or by a non-government sector body (other than a local council or State owned corporation) is not to be seconded under this section to carry out work in or for a government sector agency unless—
(a) the head of the agency is satisfied that the secondment is justified because of the special skills of the person or the special circumstances of the case, and
(b) the period of any one secondment does not exceed 2 years.
The government sector employment rules may deal with secondments under this section.
A person’s employment in a government sector agency (including the continuity of that employment) is not affected by the secondment of the person under this section.
In this section—
(a) a local council,
(b) a State owned corporation,
(c) a private sector entity (including a not-for-profit sector entity),
(d) a public authority or government agency of the Commonwealth or of another State or Territory,
(e) (Repealed)
(f) a university.
The head of a government sector agency is responsible for developing and implementing a performance management system with respect to employees of the agency.
The government sector employment rules may deal with the core requirements of any such performance management system.
The government sector employment rules may deal with the procedural requirements for dealing with unsatisfactory performance (consistently with procedural fairness).
If the performance of an employee of a government sector agency is determined to be unsatisfactory in accordance with those rules, the person who exercises employer functions in relation to the employee may (without limitation on relevant action) take any of the following actions—
(a) terminate the employment of the employee (after giving the employee an opportunity to resign),
(b) reduce the remuneration payable to the employee,
(c) reduce the classification or grade of the employee,
(d) assign the employee to a different role.
This section does not apply to that part of the NSW Police Force comprising police officers or to any employees of a government sector agency excluded from this section by the regulations.
Without limiting the action that may be taken under this section by the person who exercises employer functions in relation to a NSW Health Service senior executive, the Secretary of the Ministry of Health may, if the Secretary is not the employer of the executive, terminate the executive’s employment under this section.
In this section—
(a) a Public Service agency, and
(a1) that part of the NSW Police Force comprising administrative employees under the Police Act 1990, and
(b) any other government sector agency prescribed by the regulations for the purposes of this section.
(a) a contravention of this Act or an instrument made under this Act,
(b) taking action that constitutes a detrimental action offence,
(c) taking detrimental action against another person in circumstances where—
(i) the person taking the detrimental action suspects, believes or is aware, when taking the action, that any person has made, may have made, may make or proposes to make a disclosure about alleged misconduct by an employee of a government sector agency, and
(ii) the suspicion, belief or awareness, whether correct or incorrect, is a contributing factor to the taking of the detrimental action,
(d) a conviction or finding of guilt for a serious offence.
The subject matter of any misconduct by an employee may relate to an incident or conduct that happened while the employee was not on duty or before his or her employment.
The person who exercises employer functions in relation to an employee of a government sector agency is responsible for dealing with any misconduct by that employee in accordance with this section.
The government sector employment rules may deal with the following—
(a) misconduct by employees of government sector agencies,
(b) the procedural requirements for dealing with allegations of misconduct by employees of government sector agencies (consistently with procedural fairness).
If, in accordance with those rules, there is a finding of misconduct by an employee of a government sector agency, the person who exercises employer functions in relation to the employee may take any of the following actions—
(a) terminate the employment of the employee (without giving the employee an opportunity to resign),
(b) terminate the employment of the employee (after giving the employee an opportunity to resign),
(c) impose a fine on the employee (which may be deducted from the remuneration payable to the employee),
(d) reduce the remuneration payable to the employee,
(e) reduce the classification or grade of the employee,
(f) assign the employee to a different role,
(g) caution or reprimand the employee.
Proceedings and actions under this section may be taken or continued despite the employee resigning or otherwise ceasing to be an employee of the agency concerned. Any such action may be expressed to be a termination of employment even if the person has ceased to be an employee.
This section does not apply to that part of the NSW Police Force comprising police officers or to any employees of a government sector agency excluded from this section by the regulations.
See also section 82(2) for inquiries into conduct of heads of agencies.
In this section—
(a) a Public Service agency, and
(a1) that part of the NSW Police Force comprising administrative employees under the Police Act 1990, and
(b) any other government sector agency prescribed by the regulations for the purposes of this section.
If—
(a) an allegation of misconduct by an employee of a government sector agency is being dealt with by the person who exercises employer functions in relation to the employee (the
employer ), or(b) an employee of a government sector agency is charged with a serious offence referred to in section 69,
the employer may suspend the employee from duty until the allegation of misconduct or the criminal charge has been dealt with and any subsequent action has been taken by the employer.
If the Independent Commission Against Corruption—
(a) has made a corrupt conduct finding against an employee of a government sector agency of a kind referred to in section 114A of the Independent Commission Against Corruption Act 1988, or
(b) is conducting an investigation into the conduct of any such employee that may lead to such a finding,
the employer may suspend the employee from duty until the completion of any such investigation and, in the case of any such finding, until any subsequent action has been taken by the employer.
The employer may direct that any remuneration payable to an employee while the employee is suspended from duty under this section is to be withheld.
If—
(a) the employer takes action against the employee for the misconduct or the corrupt conduct finding, or
(b) the employee is convicted of the offence concerned,
any remuneration so withheld is forfeited to the State unless the employer otherwise directs or that remuneration was due to the employee in respect of a period before the suspension was imposed.
The employer may at any time remove a suspension under this section.
If a person who is employed in any government sector agency is nominated for election to the Legislative Assembly or Legislative Council, the person is to be granted leave of absence until the day on which the result of the election is declared.
If the person is elected, the person is required to resign from the government sector agency concerned.
Unless the person is entitled to leave with pay (and duly applies for that leave), any leave of absence under this section is to be leave without pay.
In this section—
If a person who is employed in any government sector agency—
(a) resigns in writing from the government sector agency and the resignation takes effect not earlier than 3 months before polling day at an election of a member or members of either House of Parliament of the Commonwealth and before the day fixed for nominations for the election, and
(b) includes in the resignation notice of the person’s intention to become a candidate at that election, and
(c) becomes a candidate at that election, and
(d) fails to be elected at that election, and
On and from 24 February 2015, any extension of an existing temporary employee’s employment must be made in accordance with the provisions of the government sector employment rules relating to temporary employment.
Despite its repeal, section 31 of the former Act continues to apply, until 24 February 2015, in relation to an existing temporary employee who is a long-term employee within the meaning of that section. Any appointment of the employee under that section as so continued by this clause is taken to be employment in ongoing employment under this Act in a relevant role.
On and from 24 February 2015, any conversion of an existing temporary employee’s employment to ongoing employment must be made in accordance with the provisions of the government sector employment rules.
In this clause—
(a) who, immediately before the commencement of this Act, were employed in the Government Service of New South Wales (but not in the Public Service of New South Wales) or in the NSW Health Service and who become Public Service employees on that commencement, and
(b) who comprise a Public Service agency or a discrete branch or other part of a Public Service agency,
and includes any persons who become members of that group of staff after the commencement of this Act.
Conditions of employment applying to any group of Public Service employees immediately before the commencement of this Act (whether under State industrial instruments, determinations under section 4E of the former Act or contracts of employment) continue to apply, subject to this clause, to that group of Public Service employees. This subclause extends to members of a former non-Public Service group of staff.
The conditions of employment of Public Service employees who are members of a former non-Public Service group of staff do not include any conditions of employment relating to leave or other matters that are conferred by the regulations under this Act on Public Service employees generally unless they apply because of conditions of employment applying to that group of staff immediately before the repeal of the former Act. In this subclause, a reference to conditions of employment conferred by the regulations includes conditions relating to extended leave and to conditions under the Crown Employees (Public Service Conditions of Employment) Award 2009 for groups of staff to which that award did not apply immediately before the repeal of the former Act.
A determination under section 130 of the former Act, or an industrial agreement under section 131 of the former Act, that is in force immediately before the repeal of the former Act is, subject to this clause, taken to be a determination under section 52 of this Act or an industrial agreement under section 51 of this Act (as the case requires).
A condition of employment that applies because of this clause applies until such time as provision is otherwise made under this Act or any other law.
Any delegation of a function by the Division Head of a Division of the Government Service under section 4F of the former Act and in force immediately before the repeal of the former Act is taken to be a delegation of a comparable function under this Act by the head of the corresponding Public Service agency under section 27 of this Act (in the case of a Department) or under section 32 of this Act (in the case of any other Public Service agency).
Any delegation of a function by the Director-General under section 123 of the former Act and in force immediately before the repeal of the former Act is taken to be a delegation of a comparable function under this Act by the Industrial Relations Secretary under section 53 of this Act.
Sections 68, 69 and 70 of this Act extend to conduct occurring before the commencement of this Act.
Any proceedings for unsatisfactory performance or misconduct pending under Part 2.7 of Chapter 2 of the former Act immediately before the repeal of the former Act are to continue to be dealt with under the provisions of that Part as if it had not been repealed, subject to the regulations and the government sector employment rules.
In any other Act, in any statutory or other instrument, or in any contract or agreement—
(a) a reference to the Government Service of New South Wales (or to any Division of the Government Service) is to be construed as a reference to the Public Service of New South Wales (or to any Public Service agency), and
(b) a reference to a Department or a Department head (within the meaning of the former Act) is to be construed as a reference to a Public Service agency or the head of such an agency, respectively, and
(c) a reference to the Public Service Board, the Public Employment Industrial Relations Authority, the Public Employment Office or the Director of Public Employment (unless the reference relates to the functions exercised by the Industrial Relations Secretary under Division 6 of Part 4 of this Act) is to be construed as a reference to the Public Service Commissioner, and
(d) a reference to the Public Service Board, the Public Employment Industrial Relations Authority, the Public Employment Office, the Director of Public Employment or the Director-General of the Department of Premier and Cabinet (if the reference relates to the functions exercised by the Industrial Relations Secretary under Division 6 of Part 4 of this Act) is to be construed as a reference to the Industrial Relations Secretary, and
(e) a reference to an officer or to a temporary or casual employee of the Public Service (or a Department) or to a member of staff or employee of the Government Service (or a Division of the Government Service) is to be construed as a reference to a Public Service employee, and
(f) a reference to an order under Chapter 4 of the former Act is to be construed as a reference to an administrative arrangements order under Part 7 of the Constitution Act 1902, and
(g) a reference to the former Act, the Public Sector Management Act 1988 or the Public Service Act 1979 or to a provision of any such Act is to be construed as extending to a reference to this Act or to the corresponding provision of this Act, except as provided by this clause or except in so far as a contrary intention appears in the Act concerned, and
(h) a reference to Part 2.5 of the former Act or to a provision of that Part is to be construed as a reference to Part 2 of the Members of Parliament Staff Act 2013, and
(i) a reference to Schedule 3 or 3A to the former Act (or that is required to be construed as such a reference) is to be construed as a reference to Schedule 1 or 2, respectively, to the Government Sector Employment Regulation 2014.
An order made (or taken to have been made) under Chapter 4 of the former Act that has not been revoked is taken to be an administrative arrangements order under Part 7 of the Constitution Act 1902.
Despite the repeal of the former Act, that Act continues to apply to the employment of staff under Chapter 1A of that Act—
(a) (Repealed)
(b) in the Treasury Corporation Division to enable the Treasury Corporation to exercise its functions, but only until 1 July 2015 or until such time as the Treasury Corporation is authorised by legislation to employ staff (whichever is the sooner), and
(c) in the SAS Trustee Corporation Division to enable the SAS Trustee Corporation to exercise its functions, but only until 1 January 2016 or until such time as the SAS Trustee Corporation is authorised by legislation to employ staff (whichever is the sooner).
(Repealed)
The appointment and term of office (and any conditions of employment that apply under clause 8A) of a person holding office as a statutory or other officer under an Act amended by Schedule 3 to the Statute Law (Miscellaneous Provisions) Act 2014 on the commencement of the amendments made to that Act by Schedule 3 are not affected by that Schedule.
A regulation that may be made under clause 2 of this Schedule consequent on an amendment to an Act made by Schedule 3 to the Statute Law (Miscellaneous Provisions) Act 2014 may be made instead under the Act as so amended.
In this Part—
A person who, before the commencement of the amendments made to section 83 of this Act by the amending Act, was authorised to conduct an inquiry under that section is, if the inquiry has not been completed before that commencement, taken to have been appointed under that section (as so amended) to act on behalf of the Commissioner or DPC Secretary (as the case requires) for the purposes of conducting the inquiry.
Section 83A of this Act (as inserted by the amending Act) extends to the termination of a person’s employment before the commencement of that section.
The amendments to the Constitution Act 1902 made by Schedule 5.2[1]–[3] to the amending Act extend to persons appointed or employed as parliamentary officers and staff after the commencement of this Act and before the commencement of those amendments as if those amendments had been in force at that time.
For the purposes of this clause,
The persons employed under this Act in the Sydney Cricket and Sports Ground Trust Staff Agency immediately before 1 April 2017 are transferred to the employment of the Sydney Cricket and Sports Ground Trust.
Any such person is referred to in this clause as a
The following provisions apply in relation to a transferred employee—
(a) the transferred employee retains any rights to annual leave, extended or long service leave or sick leave accrued or accruing immediately before the transfer of employment,
(b) the continuity of employment of the transferred employee is not broken by the transfer of employment and, accordingly, service of the transferred employee as a Public Service employee (including any service taken to be service as such an employee) that is continuous service up to the time of the transfer of employment is, for all purposes, service with the new employer,
(c) the conditions of employment applying to the transferred employee immediately before the transfer of employment (whether under a State industrial instrument or contract of employment) continue to apply to the transferred employee until such time as provision is otherwise made in accordance with any other Act or law.
Subclause (3)(c) extends to the provisions (in force as at 1 April 2017) of the regulations and the government sector employment rules that confer or impose conditions of employment or engagement on Public Sector employees in relation to the following matters—
(a) probation,
(b) security and other clearances,
(c) health clearances or assessments,
(d) requirements not to undertake other paid work without permission and to report charges and convictions for serious offences,
(e) absences from duty,
(f) the payment of increments,
(g) fitness for duty,
(h) the payment of allowances for temporary assignments to higher roles.
For that purpose, a reference in any such provision of the regulations or the rules—
(a) to a Public Service employee is taken to include a reference to a transferred employee, and
(b) to the head of a Public Service agency or to the employer of a Public Service employee is taken to include a reference to the new employer.
The code set out in section 2.2 of the document entitled Behaving Ethically: A Guide for NSW government sector employees as published on the Public Service Commission’s website on 26 August 2022 is taken to have been adopted by the Commissioner for the purposes of this Act, section 8A on the commencement of this clause.
To avoid doubt, the code referred to in subclause (1) may be revoked and replaced by an order published in the Gazette adopting a replacement code.
To avoid doubt, a determination of the Industrial Relations Secretary under section 52 in force on the commencement of the amendment to the section by the Government Sector Employment Amendment Act 2022, Schedule 2[8] may be amended or rescinded by the Industrial Relations Secretary under section 52.
(Repealed)
See also the Members of Parliament Staff Act 2013.
Government Sector Employment Act 2013 No 40. Assented to 25.6.2013. Date of commencement, Sch 6.10 excepted, 24.2.2014, sec 2 and 2013 (631) LW 8.11.2013; date of commencement of Sch 6.10, 16.9.2013, sec 2 and 2013 (529) LW 13.9.2013. This Act has been amended as follows—
(11) | Administrative Arrangements Order 2014. LW 29.1.2014. Date of commencement, 24.2.2014, cl 2. Amended by Administrative Arrangements Amendment Order 2014 (58). LW 20.2.2014. Date of commencement, 24.2.2014, cl 2. | |
(60) | Government Sector Employment Regulation 2014. LW 20.2.2014. Date of commencement, 24.2.2014, cl 2. | |
(233) | Administrative Arrangements (Administrative Changes—Ministers and Public Service Agencies) Order 2014. LW 23.4.2014. Date of commencement, 23.4.2014, cl 2. | |
No 33 | Statute Law (Miscellaneous Provisions) Act 2014. Assented to 24.6.2014. Date of commencement of Sch 3.9, 4.7.2014, sec 2 (1). | |
(413) | Administrative Arrangements (Administrative Changes—Miscellaneous Agencies) Order 2014. LW 30.6.2014. Date of commencement of cl 4, 1.7.2014, cl 2 (1). | |
No 64 | Multicultural NSW Legislation Amendment Act 2014. Assented to 28.10.2014. Date of commencement, 24.11.2014, sec 2 and 2014 (714) LW 14.11.2014. | |
(801) | Administrative Arrangements (Administrative Changes—TAFE Senior Executives and Other Matters) Order 2014. LW 12.12.2014. Date of commencement of cl 7, on publication on LW, cl 2 (1). | |
(166) | Administrative Arrangements (Administrative Changes—Public Service Agencies) Order 2015. LW 2.4.2015. The Order was not commenced and was repealed by the Administrative Arrangements (Administrative Changes—Public Service Agencies) Order (No 2) 2015. | |
(250) | Administrative Arrangements (Administrative Changes—Public Service Agencies) Order (No 2) 2015. LW 29.5.2015. Date of commencement, 1.7.2015, cl 2. | |
(255) | Government Sector Employment Amendment (Transitional Staff Arrangements) Regulation 2015. LW 29.5.2015. Date of commencement, 1.7.2015, cl 2. | |
(359) | Government Sector Employment Amendment (Transitional) Regulation 2015. LW 3.7.2015. Date of commencement, on publication on LW, cl 2. | |
(529) | Administrative Arrangements (Administrative Changes—Miscellaneous) Order 2015. LW 2.9.2015. Date of commencement of cl 4, 2.9.2015, cl 2 (1). | |
(659) | Administrative Arrangements (Administrative Changes—Liquor and Gaming) Order 2015. LW 30.10.2015. Date of commencement, on publication on LW, cl 2. | |
No 48 | Regulatory Reform and Other Legislative Repeals Act 2015. Assented to 5.11.2015. Date of commencement of Sch 2.2, 1.7.2016, sec 2 (2) and 2016 (300) LW 10.6.2016. | |
(801) | Administrative Arrangements (Administrative Changes—SAS Trustee Corporation) Order 2015. LW 18.12.2015. Date of commencement, 1.1.2016, cl 2. | |
(810) | Government Sector Employment (Parliamentary Staff and Overseas Trade Employees) Amendment Regulation 2015. LW 18.12.2015. Date of commencement, on publication on LW, cl 2. | |
No 2 | Government Sector Employment Legislation Amendment Act 2016. Assented to 2.3.2016. Date of commencement of Sch 1 [1] [2] [4]–[9] [11] [14] [17] [18] [20]–[51] [53]–[57] [59] [61]–[74] [76] and [77], 1.7.2016, sec 2 (2) and 2016 (390) LW 1.7.2016; date of commencement of Sch 1 [3] [10] [12] [13] [15] [16] and [19], 1.1.2017, sec 2 (1); date of commencement of Sch 1 [52] [58] and [60], 31.10.2017, sec 2 (2) and 2016 (743) LW 9.12.2016; date of commencement of Sch 1 [75], 1.4.2017, sec 2 (2) and 2016 (743) LW 9.12.2016. | |
No 27 | Statute Law (Miscellaneous Provisions) Act 2016. Assented to 7.6.2016. Date of commencement of Sch 5.5, 28.6.2017, sec 2 (4) and 2017 (293) LW 28.6.2017. | |
No 50 | Education and Teaching Legislation Amendment Act 2016. Assented to 18.10.2016. Date of commencement, 1.1.2017, sec 2 and 2016 (742) LW 9.12.2016. | |
No 61 | Law Enforcement Conduct Commission Act 2016. Assented to 14.11.2016. Sch 6.23 was not commenced and was repealed by the Statute Law (Miscellaneous Provisions) Act 2017 No 22. | |
(725) | Government Sector Employment Amendment (Health Service Senior Executives) Regulation 2016. LW 2.12.2016. Date of commencement, 1.1.2017, cl 2. | |
(40) | Government Sector Employment Amendment (Transitional Internal Audit Senior Executives) Regulation 2017. LW 22.2.2017. Date of commencement, on publication on LW, cl 2. | |
No 4 | Transport Administration Amendment (Independent Transport Safety Regulator) Act 2017. Assented to 1.3.2017. Date of commencement, 31.3.2017, sec 2 and 2017 (114) LW 31.3.2017. | |
(60) | Administrative Arrangements (Administrative Changes—Law Enforcement Conduct Commission) Order 2017. LW 8.3.2017. Date of commencement of cl 6 (1), 1.2.2017, cl 2 (1); date of commencement of cl 6 (2), 1.7.2017, cl 2 (2) and 2017 (256) LW 16.6.2017. | |
(79) | Administrative Arrangements (Administrative Changes—Public Service Agencies) Order 2017. LW 15.3.2017. Date of commencement of cl 4, 1.4.2017, cl 2 (1). | |
(99) | Government Sector Employment Amendment (Transfer of Staff of Sydney Cricket and Sports Ground Trust) Regulation 2017. LW 24.3.2017. Date of commencement, 1.4.2017, cl 2. | |
No 13 | Greyhound Racing Act 2017. Assented to 11.4.2017. Date of commencement of Sch 7.6, 3.7.2017, sec 2 (1) and 2017 (295) LW 30.6.2017. | |
No 33 | State Revenue and Other Legislation Amendment (Budget Measures) Act 2017. Assented to 27.6.2017. Date of commencement of Sch 5, 1.7.2017, sec 2 (1). | |
(299) | Administrative Arrangements (Administrative Changes—Inspector of Law Enforcement Conduct Commission) Order 2017. LW 30.6.2017. Date of commencement, 1.7.2017, cl 2. | |
No 37 | Coal Mine Subsidence Compensation Act 2017. Assented to 14.8.2017. Date of commencement, 1.1.2018, sec 2 and 2017 (685) LW 8.12.2017. | |
No 48 | Local Land Services Amendment Act 2017. Assented to 13.10.2017. Date of commencement of Sch 2.2, 1.12.2017, sec 2 (2) and 2017 (626) LW 17.11.2017. | |
No 2 | Health Legislation Amendment Act 2018. Assented to 20.2.2018. Date of commencement of Sch 6, assent, sec 2 (1). | |
(276) | Administrative Arrangements (Administrative Changes—NSW State Archives and Subsidence Advisory NSW) Order 2018. LW 22.6.2018. Date of commencement, 1.7.2018, cl 2. | |
(310) | Administrative Arrangements (Administrative Changes—Greater Sydney Commission) Order 2018. LW 29.6.2018. Date of commencement, 1.7.2018, cl 2. | |
No 59 | Emergency Services Legislation Amendment Act 2018. Assented to 26.10.2018. |
Date of commencement of Sch 5, assent, sec 2 (1). | ||
(624) | Administrative Arrangements (Administrative Changes—Western City and Aerotropolis Authority) Order 2018. LW 9.11.2018. Date of commencement, 9.11.2018, cl 2. | |
No 70 | Government Sector Finance Legislation (Repeal and Amendment) Act 2018. Assented to 22.11.2018. Date of commencement of Sch 4.42, 1.7.2021, sec 2(1) and 2021 (305) LW 25.6.2021. | |
(159) | Administrative Arrangements (Administrative Changes—Public Service Agencies) Order 2019. LW 2.4.2019. Date of commencement, 1.7.2019, cl 2. Amended by Administrative Arrangements (Administrative Changes—Public Service Agencies) Amendment Order 2019. LW 1.5.2019. Date of commencement, on publication on LW, cl 2. Amended by Administrative Arrangements (Administrative Changes—Miscellaneous) Order 2019. LW 28.6.2019. Date of commencement of cl 6 (1), 30.6.2019, cl 2 (4). | |
(308) | Administrative Arrangements (Administrative Changes—Miscellaneous) Order 2019. LW 28.6.2019. Date of commencement of cl 4, on publication on LW, cl 2 (2). | |
No 7 | Ageing and Disability Commissioner Act 2019. Assented to 25.6.2019. Date of commencement of Sch 1.4, 1.7.2019, sec 2 (1). | |
(121) | Administrative Arrangements (Administrative Changes—Regional NSW and Independent Planning Commission) Order 2020. LW 2.4.2020. Date of commencement of cl 6(1) and (2), 2.4.2020, cl 2(1); date of commencement of cl 6(3), 1.7.2020, cl 2(2). | |
(137) | Administrative Arrangements (Administrative Changes—Resilience NSW) Order 2020. LW 6.4.2020. Date of commencement, 1.5.2020, cl 2. | |
No 13 | Law Enforcement Conduct Commission Amendment Act 2020. Assented to 23.6.2020. Date of commencement, assent, sec 2. | |
No 18 | Personal Injury Commission Act 2020. Assented to 11.8.2020. Date of commencement of Sch 6.5, 1.3.2021, sec 2(3) and 2020 (729) LW 18.12.2020. | |
No 30 | Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020. Date of commencement of amendments made by Sch 1.20, 11.12.2020, sec 2(3); date of commencement of Sch 3, assent, sec 2(1). | |
(683) | Administrative Arrangements (Administrative Changes—Venues NSW Staff Agency) Order 2020. LW 27.11.2020. Date of commencement, 1.12.2020, cl 2. | |
(147) | Administrative Arrangements (Administrative Changes—Miscellaneous) Order 2021. LW 26.3.2021. Date of commencement, 29.3.2021, cl 2. | |
(524) | Administrative Arrangements (Administrative Changes—Miscellaneous) Order (No 2) 2021. LW 10.9.2021. Date of commencement, on publication on LW, cl 2(1). | |
(790) | Administrative Arrangements (Second Perrottet Ministry—Transitional) Order 2021. LW 21.12.2021. Date of commencement of Sch 4[1], on publication on LW, cl 2(1); date of commencement of Sch 4[2], 1.4.2022, cl 2. Amended by Administrative Arrangements (Administrative Changes—Ministers and Public Service Agencies) Order (No 5) 2021 (806). LW 23.12.2021. Date of commencement, on publication on LW, cl 2. Amended by Administrative Arrangements (Administrative Changes—Miscellaneous) Order (No 5) 2022 (134). LW 1.4.2022. Date of commencement, 31.3.2022, cl 2. | |
(38) | Administrative Arrangements (Administrative Changes—Miscellaneous) Order 2022. LW 17.2.2022. Date of commencement of Sch 1.3, on publication on LW, cl 2(1). | |
No 8 | Greater Cities Commission Act 2022. Assented to 13.4.2022. Date of commencement, assent, sec 2. | |
No 14 | Public Interest Disclosures Act 2022. Assented to 13.4.2022. Date of commencement, 1.10.2023, sec 2 and 2023 (11) LW 20.1.2023. | |
(262) | Administrative Arrangements (Administrative Changes—Miscellaneous) Order (No 6) 2022. LW 1.6.2022. Date of commencement of Sch 1.2, 1.7.2022, cl 2(a). | |
No 76 | Government Sector Employment Amendment Act 2022. Assented to 28.11.2022. Date of commencement of Sch 1[1] [7] [8] and [9], to the extent it inserts Sch 4, Part 5, cl 21, and Sch 2[4]–[6] and [10], 1.7.2023, sec 2 and 2022 (858) LW 16.12.2022; date of commencement of Sch 1[2]–[6] and [9], to the extent it inserts Sch 4, Part 5, heading and cl 22, and Sch 2[1]–[3] [7]–[9] and [11], 1.1.2023, sec 2 and 2022 (858) LW 16.12.2022. | |
No 80 | NSW Reconstruction Authority Act 2022. Assented to 28.11.2022. Date of commencement of Sch 5.2, assent, sec 2(a)(ix). | |
(860) | Administrative Arrangements (Administrative Changes—Miscellaneous) Order (No 10) 2022. LW 16.12.2022. Date of commencement of Sch 2[1] and [3], 31.12.2022, cl 2(a); date of commencement of Sch 2[2] and [5], 16.12.2022, cl 2(c); date of commencement of Sch 2[4] and [6], 1.1.2023, cl 2(b). | |
(63) | Administrative Arrangements (Administrative Changes—Miscellaneous) Order 2023. LW 23.2.2023. Date of commencement of Sch 3[1], on publication on LW, cl 2(c); date of commencement of Sch 3[2], 27.2.2023, cl 2(a). | |
(138) | Administrative Arrangements (Administrative Changes—Miscellaneous) Order (No 2) 2023. LW 5.4.2023. Date of commencement, 5.4.2023, sec 2. | |
(236) | Administrative Arrangements (Administrative Changes—Miscellaneous) Order (No 3) 2023. LW 3.5.2023. Date of commencement, on publication on LW, sec 2. | |
(316) | Administrative Arrangements (Administrative Changes—Miscellaneous) Order (No 4) 2023. LW 23.6.2023. Date of commencement, 1.7.2023, sec 2. | |
(345) | Administrative Arrangements (Administrative Changes—Miscellaneous) Order (No 5) 2023. LW 30.6.2023. Date of commencement, 1.7.2023, sec 2. | |
No 35 | Statute Law (Miscellaneous Provisions) Act (No 2) 2023. Assented to 30.10.2023. Date of commencement of Sch 4, assent, sec 2(c). | |
(648) | Administrative Arrangements (Administrative Changes—Miscellaneous) Order (No 6) 2023. LW 6.12.2023. Date of commencement of Sch 5, 1.1.2024, sec 2(b). | |
(14) | Administrative Arrangements (Administrative Changes—Miscellaneous) Order 2024. LW 31.1.2024. Date of commencement of Sch 3, 1.4.2024, sec 2(a). | |
No 34 | Museums of History NSW Amendment (Chief Executive Officer) Act 2024. Assented to 20.6.2024. Date of commencement, assent, sec 2. | |
No 35 | Government Sector Employment and Other Legislation Amendment Act 2024. Assented to 24.6.2024. Date of commencement, 1.7.2024, sec 2 and 2024 (235) LW 26.6.2024. | |
(244) | Administrative Arrangements (Administrative Changes—Miscellaneous) Order (No 2) 2024. LW 28.6.2024. Date of commencement, 1.7.2024, sec 2. | |
(371) | Administrative Arrangements (Administrative Changes—Corrective Services NSW) Order 2024. LW 16.8.2024. Date of commencement, 1.10.2024, sec 2. | |
(112) | Administrative Arrangements (Administrative Changes—Miscellaneous) Order (No 2) 2025. LW 17.3.2025. Date of commencement, on publication on LW, sec 2. | |
(123) | Administrative Arrangements (Administrative Changes—SafeWork NSW Agency) Order 2025. LW 28.3.2025. Date of commencement, 1.7.2025, sec 2. | |
No 48 | Statute Law (Miscellaneous Provisions) Act 2025. Assented to 15.8.2025. Date of commencement of Sch 4, assent, sec 2(e). |
This Act has been amended by sec 30C of the Interpretation Act 1987 No 15.
Sec 3 | Am 2016 No 2, Sch 1 [1]; 2024 No 35, Sch 1[1]. |
Sec 5 | Am 2016 No 2, Sch 1 [2]; 2018 No 70, Sch 4.42; 2025 No 48, Sch 4.5. |
Part 2A | Ins 2022 No 76, Sch 1[1]. |
Sec 8A | Ins 2022 No 76, Sch 1[1]. |
Sec 10 | Subst 2024 No 35, Sch 1[2]. |
Sec 11 | Am 2024 No 35, Sch 1[3]. |
Sec 12 | Am 2016 No 2, Sch 1 [3]. |
Sec 13 | Am 2016 No 2, Sch 1 [4]. |
Sec 15 | Am 2024 No 35, Sch 1[4]. |
Sec 16 | Am 2016 No 2, Sch 1 [5]. |
Sec 17 | Am 2024 No 35, Sch 1[5]. |
Sec 18 | Am 2016 No 2, Sch 1 [6]; 2023 No 35, Sch 4.14[1]. |
Sec 23 | Am 2016 No 2, Sch 1 [7]. |
Sec 25 | Am 2022 No 76, Schs 1[2] [3], 2[1]. |
Sec 26 | Am 2016 No 2, Sch 1 [8]; 2022 No 76, Sch 1[4]. |
Sec 28 | Am 2016 No 2, Sch 1 [9]. |
Sec 30 | Am 2022 No 76, Sch 2[2]. |
Sec 31 | Am 2022 No 76, Sch 1[5]. |
Sec 35 | Am 2016 No 2, Sch 1 [10]. |
Sec 36 | Am 2016 No 2, Sch 1 [11] [12]. |
Sec 38 | Am 2016 No 2, Sch 1 [13]–[16]; 2022 No 76, Sch 2[3]–[5]. |
Sec 39 | Am 2016 No 2, Sch 1 [17]–[21]. |
Sec 40 | Am 2016 No 2, Sch 1 [22]. |
Sec 41 | Am 2016 No 2, Sch 1 [23]–[27]; 2022 No 76, Sch 2[6] [7]. |
Sec 44 | Rep 2016 No 2, Sch 1 [28]. |
Sec 47 | Am 2016 No 2, Sch 1 [29]–[31]. |
Sec 48 | Am 2016 No 2, Sch 1 [32]. |
Sec 49 | Am 2020 No 30, Sch 3.18[1]; 2023 No 35, Sch 4.14[1]. |
Sec 52 | Am 2022 No 76, Sch 2[8]. |
Sec 53 | Am 2022 No 76, Sch 2[9]. |
Sec 54 | Ins 2016 No 2, Sch 1 [33]. |
Sec 54 (as originally enacted) | Renumbered as sec 54A, 2016 No 2, Sch 1 [33]. |
Sec 54A (previously sec 54) | Renumbered 2016 No 2, Sch 1 [33]. |
Sec 56 | Subst 2016 No 2, Sch 1 [34]. |
Sec 59 | Am 2016 No 2, Sch 1 [35]–[37]. |
Sec 64 | Am 2016 No 2, Sch 1 [27] [38]–[42]. |
Sec 66 | Am 2016 No 2, Sch 1 [43]–[49]. |
Sec 68 | Am 2016 No 2, Sch 1 [50] [51]; 2018 No 2, Sch 6. |
Sec 69 | Am 2016 No 2, Sch 1 [50] [52]–[59]; 2022 No 14, Sch 8.11[1] [2]. |
Sec 70 | Am 2016 No 2, Sch 1 [60]–[63]. |
Secs 71, 72 | Am 2016 No 2, Sch 1 [27]. |
Sec 76 | Am 2016 No 2, Sch 1 [64]; 2020 No 13, Sch 2[1] [2]. |
Sec 78 | Am 2016 No 2, Sch 1 [27] [65]; 2022 No 76, Sch 2[10] [11]. |
Sec 82A | Ins 2024 No 35, Sch 1[6]. |
Sec 83 | Am 2016 No 2, Sch 1 [66]–[71]; 2022 No 76, Sch 1[6]; 2023 No 35, Sch 4.14[2]–[4]. |
Sec 83A | Ins 2016 No 2, Sch 1 [72]. Am 2022 No 14, Sch 8.11[3]–[5]. |
Sec 83B | Ins 2022 No 76, Sch 1[7]. |
Sec 86A | Ins 2022 No 76, Sch 1[8]. |
Sec 88 | Ins 2016 No 2, Sch 1 [73] [74]. |
Sch 1 | Subst 2014 (11), cl 4 (am 2014 (58), cl 3 (1) (2)). Am 2014 (233), cl 4 (1)–(6); 2014 (413), cl 4 (1)–(7); 2014 No 64, Sch 2.5; 2014 (801), cl 7; 2015 (250), cl 4; 2015 (529), cl 4; 2015 (659), cl 4; note revised by Parliamentary Counsel; 2015 (801), cl 5; 2016 No 2, Sch 1 [75]; 2016 No 27, Sch 5.5; 2016 No 50, Sch 4.2; 2017 No 4, Sch 2.1; 2017 (60), cl 6 (1) (2); 2017 (79), cl 4; 2017 No 13, Sch 7.6; 2017 No 33, Sch 5.1; 2017 (299), cl 5; 2017 No 37, Sch 2.1; 2017 No 48, Sch 2.2; 2018 (276), cl 6; 2018 (310), cl 5; 2018 No 59, Sch 5.1; 2018 (624), cl 4; 2019 (308), cl 4; 2019 (159), cl 4 (am 2019 (180), Sch 1 [1]; 2019 (308), cl 6 (1)); 2019 No 7, Sch 1.4; 2020 (121), cl 6(1)–(3); 2020 (137), cl 5; 2020 No 18, Sch 6.5; 2020 No 30, Schs 1.20, 3.18[2]; 2020 (683), cl 4; 2021 (147), cl 6(1) (2); 2021 (524), cl 5; 2021 (790), Sch 4[1] [2] (am 2021 (806), cl 4; 2022 (134), cl 4(3)); 2022 (38), Sch 1.3[1]–[14]; 2022 No 8, Sch 5.3; 2022 (262), Sch 1.2; 2022 No 80, Sch 5.2; 2022 (860), Sch 2[1]–[6]; 2023 (63), Sch 3[1] [2]; 2023 (138), Sch 1; 2023 (236), Sch 3; 2023 (316), Sch 4[1] [2]; 2023 (345), Sch 2; 2023 (648), Sch 5[1] [2]; 2024 (14), Sch 3; 2024 No 34, Sch 2; 2024 (244), Sch 4[1]–[8]; 2024 (371), Sch 3; 2025 (112), Sch 4; 2025 (123), Sch 3. |
Sch 4 | Am 2014 (60), Sch 3 [1]–[7]; 2014 No 33, Sch 3.9; 2015 (255), cl 3 (1) (2); 2015 (359), Sch 1 [1]–[18]; 2015 No 48, Sch 2.2; 2015 (810), Sch 1 [1] [2]; 2016 No 2, Sch 1 [76] [77]; 2016 (725), Sch 2 [1]; 2017 (40), cl 3; 2017 (99), Sch 1; 2022 No 76, Sch 1[9]. |
Sch 5 | Rep 1987 No 15, sec 30C. |
Sch 6 | Am 1987 No 15, sec 30C. Rep 1987 No 15, sec 30C. |
For the purposes of comparison, this table shows for provisions of this Act (as at the date of assent) corresponding provisions of the repealed Public Sector Employment and Management Act 2002 and other legislation.
Column 1 | Column 2 |
Provisions of this Act | Corresponding provisions of repealed Public Sector Employment and Management Act 2002 |
Secs 1–4 | — |
Sec 5 | Sec 158A |
Sec 6 | Sec 3A |
Sec 7 | Sec 3B |
Sec 8 | Sec 3C |
Sec 9 | Sec 3D |
Sec 10 | Sec 3E |
Sec 11 | Sec 3F |
Sec 12 | — |
Sec 13 | Sec 3J |
Sec 14 | Sec 3G |
Sec 15 | Sec 3H |
Sec 16 | Sec 3I |
Sec 17 | Secs 3L–3P, 164 (1A) |
Sec 18 | Sec 3Q |
Sec 19 | Sec 3R |
Sec 20 | Secs 4A, 6 |
Sec 21 | Sec 4B |
Sec 22 | Sec 4C |
Sec 23 | Secs 4D (1), 10, 12 |
Sec 24 | Sec 13 |
Sec 25 | Sec 14 |
Sec 26 | Sec 4D (2), (3) |
Sec 27 | Sec 4F |
Sec 28 | Secs 4D (1), 10 |
Sec 29 | Sec 13 |
Sec 30 | Sec 14 |
Sec 31 | Sec 4D (2), (3) |
Sec 32 | Sec 4F |
Secs 33–38 | — |
Sec 39 | Sec 69 |
Sec 40 | Sec 74 |
Sec 41 | Sec 77 |
Sec 42 | Sec 16 |
Sec 43 | Sec 7 |
Secs 44–46 | — |
Sec 47 | Secs 25, 26, 30, 39, 56 |
Secs 48, 49 | — |
Sec 50 | Sec 129 |
Sec 51 | Sec 131 |
Sec 52 | Secs 4E (1), 130 |
Sec 53 | Secs 122–125 |
Secs 54, 55 | — |
Sec 56 | Sec 25 |
Sec 57 | Secs 60, 61 |
Sec 58 | Secs 22, 72 |
Sec 59 | Sec 4K |
Sec 60 | Sec 4E (2), (3) |
Sec 61 | Sec 4I (4) |
Sec 62 | Sec 4J |
Sec 63 | — |
Sec 64 | Secs 86–91 |
Sec 65 | Sec 100 |
Sec 66 | Secs 88, 88A |
Sec 67 | Sec 101A |
Sec 68 | Sec 47 |
Sec 69 | Secs 40–53 |
Sec 70 | Sec 49 |
Sec 71 | Sec 102 |
Sec 72 | Sec 103 |
Sec 73 | Sec 102A |
Sec 74 | Sec 103A |
Sec 75 | Secs 114, 116 (3) |
Sec 76 | Secs 115, 116 (4), 120(6) |
Sec 77 | Sec 116 |
Sec 78 | Sec 118 |
Sec 79 | Sec 120 |
Sec 80 | Sec 158 |
Sec 81 | Sec 162 |
Sec 82 | Sec 159 |
Sec 83 | Secs 3K, 159A |
Sec 84 | Sec 161 |
Sec 85 | Secs 93, 160 |
Sec 86 | — |
Sec 87 | Sec 163 |
Sec 88 | Secs 4G, 62, 164 |
Sec 89 | — |
Sch 1 | Sch 1 |
Sch 2 | Sch 2A |
Sch 3 | Sch 2B |
See Part 7 of the Constitution Act 1902 in relation to sections 104, 106 and 108–113 of the repealed Public Sector Employment and Management Act 2002. | |
See section 279A of the Workers Compensation Act 1987 in relation to section 4I of the repealed Public Sector Employment and Management Act 2002. |
0
0
0