Government Sector Employment Rules (Amendment No 7-Miscellaneous) 2016 (NSW)

New South Wales

Government Sector Employment Rules

(Amendment No 7—Miscellaneous) 2016

under the

Government Sector Employment Act 2013

I, Graeme Head, Public Service Commissioner, in pursuance of the Government Sector

Employment Act 2013, make the following Rule.

GRAEME HEAD
Public Service Commissioner
Government Sector Employment Rules (Amendment No 7—

Miscellaneous) 2016

under the

Government Sector Employment Act 2013

1      Name of Rule

This Rule is the Government Sector Employment Rules (Amendment No 7—
Miscellaneous) 2016.

2      Commencement

This Rule commences on 1 January 2017 and is required to be published on the NSW legislation website.

Schedule 1 Amendment of Government Sector Employment
Rules 2014

[1]      Rule 1 Name of Rules

Insert “(General)” after “Employment”.

[2]      Rule 3 Definitions

Insert “or in a senior executive band” after “current classification” in paragraph (a) of the definition of above-level.

[3]      Rule 3, definition of “external advertising”

Omit “NSW Jobs”. Insert instead “NSW Government jobs”.

[4]      Rule 5 Probation periods

Insert “or following the cessation of any previous employment in the Public Service” after
“for the first time” in rule 5 (1).

[5]      Rule 12 Conversion of temporary or term employment to ongoing employment at-level

Omit rule 12 (1). Insert instead:

(1)

An agency head may convert the temporary or term employment of a person
to ongoing employment in the agency if:

(a)	the ongoing employment is at-level, and
(b)	the person has been employed in that temporary or term employment for a period of at least 12 months.

(1A) The requirement under subrule (1) (b) applies only if the advertisement for the temporary or term employment did not refer to the availability or potential availability of ongoing employment.

[6]      Rule 12 (2) (a)

Omit “for the role concerned”.

[7]      Rule 12 (5)

Omit “2017”. Insert instead “2018”.

[8]      Rule 12 (9)

Insert after rule 12 (8):

(9) A reference in this rule to the head of the agency in which a person is employed is, in the case where the person is a Public Service senior executive, taken to be a reference to the employer of the executive.

[9]      Rule 21 Temporary or term employment for up to 12 months

Omit “6 months” from rule 21 (1) and (2) wherever occurring. Insert instead “12 months”.

[10]      Rule 21 (2)

Omit “3 months”. Insert instead “9 months”.

[11]      Rule 22 Temporary or term employment for more than 12 months

Omit “6 months” from rule 22 (1). Insert instead “12 months”.

[12]      Rule 22D Exemption from rules 21 and 22 for temporary employees who are subject to Commissioner’s determination

Omit “23 February 2017” from rule 22D (4). Insert instead “23 February 2018”.

[13]      Rule 28 Application of Part

Insert “, as provided by section 64 of the Act,” after “applies” in rule 28 (1).

[14]      Rule 28 (3)

Insert after rule 28 (2):

(3) A reference in this Part to the agency head in relation to a government sector employee is, in the case where the employee is a Health Service senior executive, a reference to the person who, in accordance with section 116 of the Health Services Act 1997, exercises employer functions in relation to the executive.

[15]      Rule 29 Transfer of employees between government sector agencies

Omit rule 29 (6).

[16]      Rule 31 Secondment of employees between government sector agencies

Omit rule 31 (9).

[17]      Rule 33 Above-level secondments to Public Service agencies

Omit “6 months” from rule 33 (1) and (2) wherever occurring. Insert instead “12 months”.

[18]      Rule 33 (2)

Omit “3 months”. Insert instead “9 months”.

[19]      Schedules 1–3

Omit the definition of “GSE Rules” from clause 3.1 of the model contract in each Schedule.
Insert instead:

“GSE Rules” means the Government Sector Employment (General) Rules
2014.

[20]      Schedule 1 Model contract of employment for Public Service senior executives (other than Secretaries and agency heads)

Insert “, or be transferred to another government sector agency and assigned to a role,” after
“Public Service agency” in clause 5.3 of the model contract.

[21]      Schedule 1, model contract

Omit “signed” from clause 9.1. Insert instead “entered into”.

[22]      Schedule 1, model contract

Omit clause 9.2.

[23]      Schedule 1, model contract

Omit “Appendix C” wherever occurring in clauses 11.1 and 11.3.
Insert instead “Appendix B”.

[24]      Schedule 1, model contract

Omit Appendix B and renumber Appendix C as Appendix B.

[25]      Schedule 1, model contract

Omit all matter under the heading “Signatures” relating to the witnessing of the signatures of the Employer and the Senior Executive.

[26]      Schedule 2, Model contract of employment for Secretaries of Departments and heads of other Public Service agencies

Omit “signed” from clause 8.1 of the model contract. Insert instead “entered into”.

[27]      Schedule 2, model contract

Omit clause 8.2.

[28]      Schedule 2, model contract

Omit “Appendix C” wherever occurring in clauses 10.1 and 10.3.
Insert instead “Appendix B”.

[29]      Schedule 2, model contract

Omit Appendix B and renumber Appendix C as Appendix B.

[30]      Schedule 2, model contract

Omit all matter under the heading “Signatures” relating to the witnessing of the signatures of the Employer and the Secretary or Agency Head.

[31]      Schedule 3 Model contract of employment for statutory office holders

Omit all matter under the heading “Signatures” relating to the witnessing of the signatures of the Minister and the Office Holder.