South Australia
Public Sector Act 2009
An Act to make provision for employment, management and governance matters relating to the public sector of the State; and for other purposes.
Contents
Part 1—Preliminary
1 Short title
3 Interpretation
Part 2—Objects of Act
4 Objects of Act
Part 3—Public sector principles and practices
5 Public sector principles
6 Public sector code of conduct
8 Public sector performance management and development
9 Flexible arrangements for transfer within public sector
10 Agencies to pursue whole‑of‑Government objectives
10A Agencies to organise activities according to planning regions
11 Uniform and transparent governance arrangements
12 Agencies to report annually
Part 4—Commissioner for Public Sector Employment
13 Office of Commissioner
14 Functions of Commissioner
15 Public sector code of conduct
16 Public sector employment determinations
17 Extent to which Commissioner is subject to Ministerial direction
18 Investigative powers
19 Power to require statistical information
20 Delegation by Commissioner
21 Annual report of Commissioner
Part 5—South Australian Executive Service
22 Purpose of SAES
23 SAES charter
Part 6—Public Service
Division 1—Composition of Public Service
24 Public Service administrative units
25 Public Service employees
Division 2—Administrative units
26 Establishment of departments
27 Establishment of attached offices
28 Minister responsible for administrative unit
Division 3—Chief executives
29 Administrative units to have chief executives
30 Chief executive to employ persons for administrative unit
31 General duties of chief executive
32 Duties with respect to objects of Act and public sector principles and code of conduct
33 Protection of independence in certain matters
34 Employment or assignment of persons as chief executives
35 Conditions of chief executive's employment
36 Transfer of chief executives
37 Resignation of chief executive
38 Termination of chief executive's employment
39 Delegation by chief executive
40 Provision for statutory office holder to have powers etc of chief executive
Part 7—Public sector employment
Division 1—Application of Part
41 Public Service and declared public sector employment
Division 2—Executives
42 Conditions of executive's employment
43 Resignation of executives
44 Termination of executive's employment by notice
Division 3—General employment processes and conditions
45 Engagement of employees
46 Merit‑based selection processes
47 Assignment of duties
48 Probation
49 Remuneration
50 Additional duties allowance
51 Hours of duty and leave
52 Resignation (other than executives)
53 Reduction in remuneration level
54 Termination
55 Disciplinary action
56 Power to require medical examination
57 Power to suspend from duty
Division 4—Review of employment decisions
Subdivision 1—Review of dismissal
58Application of unfair dismissal provisions of Fair Work Act
Subdivision 2—Review of employment decisions (other than dismissal)
59 Right of review
60 Conciliation
61 Internal review
62 External review
63 Special provision for review of selection processes
64Application of Fair Work Act 1994 and South Australian Employment Tribunal Act 2014
Part 8—Miscellaneous
65 Employment opportunity programs
66 Re‑engagement of employee who resigns to contest election
67 Multiple appointments etc
68 Payment of remuneration on death
69 Reduction in remuneration arising from refusal or failure to carry out duties
70 Action where overpayment or liability to Crown
71 Employment of…