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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Government Sector Employment
Amendment Bill 2022
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Government Sector Employment Act 2013 No 40
consequent on the Head Report 3
Schedule 2 Amendment of Government Sector Employment Act 2013 No 40
consequent on the Independent Review 7
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2022
New South Wales
Government Sector Employment
Amendment Bill 2022
Act No , 2022
An Act to amend the Government Sector Employment Act 2013 to make further provision relating
to employment in the government sector.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Government Sector Employment Amendment Bill 2022 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Government Sector Employment Amendment Act 2022.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
Page 2
Government Sector Employment Amendment Bill 2022 [NSW]
Schedule 1 Amendment of Government Sector Employment Act 2013 No 40 consequent on the Head
Report
Schedule 1 Amendment of Government Sector Employment
Act 2013 No 40 consequent on the Head Report
[1] Part 2A
Insert after Part 2--
Part 2A Code of ethics and conduct
8A Code of ethics and conduct
(1) The Commissioner may, by order published in the Gazette, adopt a code of
ethics and conduct.
(2) 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.
(3) Government sector employees must comply with a code adopted under this
section.
Note-- A contravention of a code adopted under this section, being an instrument
under this Act, may be misconduct for the purposes of section 69.
(4) In this section--
Government sector employee means a person employed in ongoing, term,
temporary, casual or other employment, or on secondment, in a government
sector agency.
industrial organisation means--
(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.
[2] Section 25, heading
Omit "General responsibility". Insert instead "Role and responsibilities".
[3] Section 25(3) and (4)
Insert after section 25(2), before the note--
(3) 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.
Page 3
Government Sector Employment Amendment Bill 2022 [NSW]
Schedule 1 Amendment of Government Sector Employment Act 2013 No 40 consequent on the Head
Report
(e) other roles conferred or imposed on the Secretary by or under this or
another Act or another law.
(4) 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.
[4] Section 26 Employer functions of Secretaries of Departments
Insert after section 26(3)--
(4) 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.
[5] Section 31 Employer functions of heads of agencies (other than Departments)
Insert after section 31(2)--
(3) 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.
[6] Section 83 Inquiries by Public Service Commissioner or DPC Secretary into
government sector agencies
Insert after section 83(4)--
(4A) The Commissioner or DPC Secretary may--
(a) prepare a report on the conduct and findings, and any recommendations,
of the inquiry, and
(b) publish the report, if the Commissioner or DPC Secretary considers it is
in the public interest to do so.
(4B) No civil or criminal action or proceedings may be brought in relation to the
publication of the report or a copy of the report.
Page 4
Government Sector Employment Amendment Bill 2022 [NSW]
Schedule 1 Amendment of Government Sector Employment Act 2013 No 40 consequent on the Head
Report
[7] Section 83B
Insert after section 83A--
83B Employment after leaving certain senior executive employment
(1) This section applies to the following senior executives (a GSSE)--
(a) Secretaries of Departments,
(b) other heads of Public Service agencies who are Public Service
employees,
(c) other Public Service employees employed in the 2 most senior bands
determined under the senior executive bands determination,
(d) other government sector senior executives in the following services
employed in the 2 most senior bands determined under the senior
executive bands determination for the service--
(i) the NSW Health Service,
(ii) the NSW Police Force,
(iii) the Transport Service of New South Wales.
(2) A GSSE who intends to accept an offer of employment in the private sector
must, if the employment directly relates to any of the GSSE's current role or
responsibilities, or a role or responsibilities held during the previous 2 years,
first seek the guidance of the Commissioner.
(3) The guidance may include, but is not limited to, advice regarding--
(a) the management of actual and potential conflicts of interest,
(b) the use of information or knowledge gained by the GSSE in the course
of the GSSE's employment.
[8] Section 86A
Insert after section 86--
86A Oversight of Commissioner's functions by Joint Committee
(1) The Joint Committee has the following functions under this Act--
(a) to monitor and review the exercise by the Commissioner of the
Commissioner's functions under this Act (the GSE functions),
(b) to report to both Houses of Parliament, with comments as it thinks fit,
on matters concerning the Commissioner or connected with the exercise
of the Commissioner's GSE functions to which, in the opinion of the
Joint Committee, the attention of Parliament should be directed,
(c) to examine each annual and other report of the Commissioner and report
to both Houses of Parliament on any matter appearing in, or arising out
of, one of those reports,
(d) to recommend to both Houses of Parliament changes to the GSE
functions of the Commissioner that the Joint Committee thinks
desirable,
(e) to inquire into any question in connection with the GSE functions which
is referred to it by both Houses of Parliament, and report to both Houses
on that question.
(2) Nothing in this section authorises the Joint Committee--
(a) to investigate a matter relating to any particular conduct, or
Page 5
Government Sector Employment Amendment Bill 2022 [NSW]
Schedule 1 Amendment of Government Sector Employment Act 2013 No 40 consequent on the Head
Report
(b) to reconsider any decision to investigate, not to investigate or to
discontinue investigation of any particular matter, or
(c) to reconsider the determinations, findings, recommendations or other
decisions of the Commissioner in relation to any particular matter.
(3) The provisions of the Ombudsman Act 1974, Part 4A apply in relation to the
Joint Committee's functions under this Act in the same way as the provisions
apply in relation to the Joint Committee's functions under that Act.
(4) In this section--
investigate includes inquire into.
Joint Committee means the Committee on the Ombudsman, the Law
Enforcement Conduct Commission and the Crime Commission constituted
under the Ombudsman Act 1974.
[9] Schedule 4 Savings, transitional and other provisions
Insert after Part 4--
Part 5 Provisions consequent on enactment of
Government Sector Employment Amendment Act
2022
21 Code of ethics and conduct--the Act, s 8A
(1) 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.
(2) 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.
22 Industrial Relations Secretary determinations--the Act, s 52
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.
Page 6
Government Sector Employment Amendment Bill 2022 [NSW]
Schedule 2 Amendment of Government Sector Employment Act 2013 No 40 consequent on the
Independent Review
Schedule 2 Amendment of Government Sector Employment
Act 2013 No 40 consequent on the Independent
Review
[1] Section 25 General responsibility of Secretaries of Departments
Omit "of a Minister" from section 25(2).
Insert instead "on a Minister".
[2] Section 30 General responsibility of heads of agencies (other than Departments)
Omit "of a Minister" from section 30(2).
Insert instead "on a Minister".
[3] Section 38, heading
Insert "and classifications" after "bands".
[4] Section 38(2) and (2A)
Omit section 38(2). Insert instead--
(2) 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.
(2A) 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.
[5] Section 38(8)-(10)
Omit section 38(8). Insert instead--
(8) 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.
(9) 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.
(10) 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.
[6] Section 41 Termination of employment of senior executives
Insert at the end of section 41(5), definition of employment, paragraph (c)--
Page 7
Government Sector Employment Amendment Bill 2022 [NSW]
Schedule 2 Amendment of Government Sector Employment Act 2013 No 40 consequent on the
Independent Review
, and
(d) the appointment of the former executive to a statutory office.
[7] Section 41(6)
Insert after section 41(5)--
(6) 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.
[8] Section 52 Industrial Relations Secretary may determine employment conditions not
otherwise lawfully determined
Insert after section 52(4)--
(5) 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.
[9] Section 53 Industrial relations provisions
Insert after section 53(2)--
(2A) 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.
[10] Section 78 Compensation for office holder following removal
Insert at the end of section 78(8), definition of employment, paragraph (c)--
, and
(d) the appointment of the person to a statutory office.
[11] Section 78(9)
Insert after section 78(8)--
(9) To avoid doubt, subsection (7) has effect despite another Act or law unless the
other Act or law explicitly provides that the subsection does not apply.
Page 8
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